The close coupling of civil litigation rights and human rights mean how well litigation rights are realized can directly or indirectly affect the judicial protection of human rights.Therefore,human rights protection i...The close coupling of civil litigation rights and human rights mean how well litigation rights are realized can directly or indirectly affect the judicial protection of human rights.Therefore,human rights protection in the field of civil litigation should take the right of civil litigation as the starting point and core.Based on a sample questionnaire survey of judges and lawyers,this paper conducts an empirical analysis and proposes that the exercise of this right should be taken as the main line to build a comprehensive protection mechanism for this right to realize its role in providing an institutional guarantee for human rights protection.It specifies three aspects:first,the process of filing a case should uphold the freedom and equality of the right to initiate litigation,remove substantial obstacles that affect the filing of the case,and ensure access to justice for disadvantaged groups;second,the trial procedure should have strengthened checks and balances on judicial power to ensure the right of litigation is compromised,and respects the procedural subject status of the two parties to realize equal protection of both parties;the third is to promote the implementation and improvement of relief for this right in the supervisory procedure,clarify the boundary of its relief by procuratorial supervision,and enhance the comprehensiveness and accuracy of the relief.展开更多
In regard to the people’s court’s infringement upon the litigation right of defendants,there are two relief means in our country:procuratorial supervision and appeal,neither of which can realize the goal of relief.T...In regard to the people’s court’s infringement upon the litigation right of defendants,there are two relief means in our country:procuratorial supervision and appeal,neither of which can realize the goal of relief.The conflict between interrogation and defense has to do with the lack of relief mechanism.To solve the problem concerning relief to the defendant whose litigation right is infringed upon the court,independent procedural appeal mechanism must be established,the relationship between it and factual appeal must be properly dealt with.The procedure for procedural appeal should be made in accordance with the characteristics of procedural appeal.展开更多
Question： Would you elaborate on the progress China has made under the state policy of reform and opening-up in improving the system of administrative litigation？ Answer： Efforts-in this reguard began in 1982, with...Question： Would you elaborate on the progress China has made under the state policy of reform and opening-up in improving the system of administrative litigation？ Answer： Efforts-in this reguard began in 1982, with publication of the Law of Civil Procedures （for trial implementation）.展开更多
In the scales of the human rights protection which is not only meant to protect the basic rights of suspects, but also included the rights of victims, both are very important. However, during the execution process, th...In the scales of the human rights protection which is not only meant to protect the basic rights of suspects, but also included the rights of victims, both are very important. However, during the execution process, the criminal legal relations are always simply to be defined as the relationship between the national authorities with the suspects except the victims. The victim＇ s benefits and aspirations are often ignored because they are viewed as a category of witnesses. Therefore, it is against the will of legals,which is better to give the victims the concerned parties to participants the processing, then their rights can be protected and got the coordinating compensation.展开更多
基金phased project of“Judicial System and Human Rights Protection——A Study on the Protection of the Right of Action in Civil Judicial Reform”(19JJD820014)the Ministry of Education’s Key Research Base of Humanities and Social Sciences for Colleges and Universities in 2019
文摘The close coupling of civil litigation rights and human rights mean how well litigation rights are realized can directly or indirectly affect the judicial protection of human rights.Therefore,human rights protection in the field of civil litigation should take the right of civil litigation as the starting point and core.Based on a sample questionnaire survey of judges and lawyers,this paper conducts an empirical analysis and proposes that the exercise of this right should be taken as the main line to build a comprehensive protection mechanism for this right to realize its role in providing an institutional guarantee for human rights protection.It specifies three aspects:first,the process of filing a case should uphold the freedom and equality of the right to initiate litigation,remove substantial obstacles that affect the filing of the case,and ensure access to justice for disadvantaged groups;second,the trial procedure should have strengthened checks and balances on judicial power to ensure the right of litigation is compromised,and respects the procedural subject status of the two parties to realize equal protection of both parties;the third is to promote the implementation and improvement of relief for this right in the supervisory procedure,clarify the boundary of its relief by procuratorial supervision,and enhance the comprehensiveness and accuracy of the relief.
文摘In regard to the people’s court’s infringement upon the litigation right of defendants,there are two relief means in our country:procuratorial supervision and appeal,neither of which can realize the goal of relief.The conflict between interrogation and defense has to do with the lack of relief mechanism.To solve the problem concerning relief to the defendant whose litigation right is infringed upon the court,independent procedural appeal mechanism must be established,the relationship between it and factual appeal must be properly dealt with.The procedure for procedural appeal should be made in accordance with the characteristics of procedural appeal.
文摘Question： Would you elaborate on the progress China has made under the state policy of reform and opening-up in improving the system of administrative litigation？ Answer： Efforts-in this reguard began in 1982, with publication of the Law of Civil Procedures （for trial implementation）.
文摘In the scales of the human rights protection which is not only meant to protect the basic rights of suspects, but also included the rights of victims, both are very important. However, during the execution process, the criminal legal relations are always simply to be defined as the relationship between the national authorities with the suspects except the victims. The victim＇ s benefits and aspirations are often ignored because they are viewed as a category of witnesses. Therefore, it is against the will of legals,which is better to give the victims the concerned parties to participants the processing, then their rights can be protected and got the coordinating compensation.
