The issue of human rights is one of the essential issues in modern political life and state life.The term"human rights",as it is so called,refers to the rights of human beings dealing with the questions aris...The issue of human rights is one of the essential issues in modern political life and state life.The term"human rights",as it is so called,refers to the rights of human beings dealing with the questions arising during the process of human beings from necessity to freedom.The key to master the concept of human rights is how to define the rights.In ac-展开更多
The Labor Contract Law classifies collective contracts as special labor contracts, ignoring the fundamental differences between collective contracts and labor contracts. This has plunged it into jurisprudential obstac...The Labor Contract Law classifies collective contracts as special labor contracts, ignoring the fundamental differences between collective contracts and labor contracts. This has plunged it into jurisprudential obstacles and institutional difficulties. In terms of the main entities, efficacy, dispute settlement mechanisms, etc. collective contracts have their own institutional characteristics. They should be incorporated into the legislative framework for collective labor relations in future legislation, and should link up with trade unions, collective consultation and collective dispute settlement to form a complete system of collective labor law.展开更多
The objective phenomenon of reliance on confessions is the source of many problems in the practice of criminal justice in China. Although successive amendments to the law have endeavored to improve the handling of con...The objective phenomenon of reliance on confessions is the source of many problems in the practice of criminal justice in China. Although successive amendments to the law have endeavored to improve the handling of confessions, they have been unable to resolve the dilemma of a rigid management mode, incompatible management strategies, and conflicting attitudes towards management. This paper has made a multi-dimensional reinterpretation of it from the judges＇ perspective, including functional analysis, cultural interpretation and immediate considerations. It reveals that behind its functions of offering moral comfort or allowing evasion of responsibility, confession, as a medium of physical and intellectual management, has the more important function of supplementing and improving the legitimacy of criminal verdicts. The remolding of the legitimacy of criminal verdicts with the coordinated improvement of the management of confessions will change the mode of association between those who currently govern confession and those they govern and will clash with the current closed mode of criminal justice management, thereby promoting a transformation in the governance of criminal justice.展开更多
文摘The issue of human rights is one of the essential issues in modern political life and state life.The term"human rights",as it is so called,refers to the rights of human beings dealing with the questions arising during the process of human beings from necessity to freedom.The key to master the concept of human rights is how to define the rights.In ac-
基金the 57th batch of funding projects(No.2015M570067)supported by the China Postdoctoral Science Fund
文摘The Labor Contract Law classifies collective contracts as special labor contracts, ignoring the fundamental differences between collective contracts and labor contracts. This has plunged it into jurisprudential obstacles and institutional difficulties. In terms of the main entities, efficacy, dispute settlement mechanisms, etc. collective contracts have their own institutional characteristics. They should be incorporated into the legislative framework for collective labor relations in future legislation, and should link up with trade unions, collective consultation and collective dispute settlement to form a complete system of collective labor law.
文摘The objective phenomenon of reliance on confessions is the source of many problems in the practice of criminal justice in China. Although successive amendments to the law have endeavored to improve the handling of confessions, they have been unable to resolve the dilemma of a rigid management mode, incompatible management strategies, and conflicting attitudes towards management. This paper has made a multi-dimensional reinterpretation of it from the judges＇ perspective, including functional analysis, cultural interpretation and immediate considerations. It reveals that behind its functions of offering moral comfort or allowing evasion of responsibility, confession, as a medium of physical and intellectual management, has the more important function of supplementing and improving the legitimacy of criminal verdicts. The remolding of the legitimacy of criminal verdicts with the coordinated improvement of the management of confessions will change the mode of association between those who currently govern confession and those they govern and will clash with the current closed mode of criminal justice management, thereby promoting a transformation in the governance of criminal justice.
