Question: As you know. attention is now growing in China and outside to judicial protection of human rights. As President of the Supreme People’s Court and China’s top judge, would you make some comments on protecti...Question: As you know. attention is now growing in China and outside to judicial protection of human rights. As President of the Supreme People’s Court and China’s top judge, would you make some comments on protection of human rights under China’s juridical system?展开更多
Fayuan Temple Date:September 3-8,2024 Venue:National Center for the Performing Arts The drama portrays a story which occurs during the late Qing Dynasty which involves severe and lingering corruption and crisis for ov...Fayuan Temple Date:September 3-8,2024 Venue:National Center for the Performing Arts The drama portrays a story which occurs during the late Qing Dynasty which involves severe and lingering corruption and crisis for over 100 years.The work integrates intricate elements like life and death,country and family,emperor and courtiers,strength and weakness,public and private,etc.This brutal and cruel history is presented through the court,populace and temple on the stage.展开更多
In 1066,the Duke of Normandy William in France held the Norman army to invade England.As a result of the Conquest,French culture was introduced into England,romance as a part of French culture soon became the prevaili...In 1066,the Duke of Normandy William in France held the Norman army to invade England.As a result of the Conquest,French culture was introduced into England,romance as a part of French culture soon became the prevailing literary form at that time.Romance chiefly deals with two subjects,naming,adventures and the courtly love,and adventures are often discussed by a number of writers,however,the courtly love has often been ignored by them.This paper tries to analysis the courtly love,focusing on revealing the value of love in the courtly love.展开更多
In order to safeguard the legitimate rights and interests of all parties, ensure the justice of legal proceedings and maintain the Chinese judicial system's positive international image, high quality interpretatio...In order to safeguard the legitimate rights and interests of all parties, ensure the justice of legal proceedings and maintain the Chinese judicial system's positive international image, high quality interpretation of legal proceedings is extremely important. This paper will analyze the nature of court interpreting and draw lessons from successful foreign practices. Moreover,some thoughts and suggestions will be presented for the establishment of national court interpreting standards in China.展开更多
A man had to go to court, and he asked his lawyerwhich judge would be hearing his case. His lawyer toldhim and then said, ’Do you know him?’ The man answered, ’No, but I wanted to know hisname so that I could send ...A man had to go to court, and he asked his lawyerwhich judge would be hearing his case. His lawyer toldhim and then said, ’Do you know him?’ The man answered, ’No, but I wanted to know hisname so that I could send him a dozen bottles of goodwine.’展开更多
Nanjing(historically known as Nanking),which was the imperial capital of several Chinese dynasties,is one of the Four Great Ancient Capitals of China.In the Chinese language,Nanjing means"southern capital".S...Nanjing(historically known as Nanking),which was the imperial capital of several Chinese dynasties,is one of the Four Great Ancient Capitals of China.In the Chinese language,Nanjing means"southern capital".Situated in the lower reach of the Yangtze River,Nanjing sports a long historical heritage and has served as the capital for six dynasties.Most of the Nanjing’s attractions are reminders of the city’s past glory,especially under the Ming Dynasty(1368-1644).展开更多
PEKING appliqu(?),one of the many handicrafts of China,is an old art-form going backmany centuries.Different materialsare cut out and attached to oneanother to create a single-piece de-coration,much like embroidery.It...PEKING appliqu(?),one of the many handicrafts of China,is an old art-form going backmany centuries.Different materialsare cut out and attached to oneanother to create a single-piece de-coration,much like embroidery.Itshistory can be traced back 2,000years to the Han Dynasty,whenartists would use thin scraps andpatches of silk to piece together aportrait or a depiction of the land-scape.During the Song Dynastyappliqu(?) enjoyed a resurgence andbecame very similar to traditionalembroidery.After the Qing Dynas-ty,appliqu(?) became very popularoutside the emperor's court and res-pectable women everywhere tookit up as a pastime。展开更多
In this paper, we conduct research on the operation mechanism of claim in civil procedure law and the applications on the court trial way reform. The ultimate goal of the rule of law lies in identifying and protecting...In this paper, we conduct research on the operation mechanism of claim in civil procedure law and the applications on the court trial way reform. The ultimate goal of the rule of law lies in identifying and protecting the rights of citizens. Way to protect the rights of citizens is diverse, but the judicial relief is the most basic and important form of insurance. Everyone can “into” the court and get the impartiality of the judicial relief, is a measure of a country judicial level height and the rule of law implementation degree of important yardstick. Judicial system and judicial procedure to build and build a better, if the subject of litigation rights are not being met and the safeguard, can’t get through the door and it is the legislators and legal scholars over the many efforts are meaningless, under this basic condition, we propose the new perspective on the corresponding issues that is necessary.展开更多
In the pilot project of the substantive reform of court trials,“unexpected” judgments appeared constantly because the traditional documentary investigation mode has been replaced by an investigation mode under the p...In the pilot project of the substantive reform of court trials,“unexpected” judgments appeared constantly because the traditional documentary investigation mode has been replaced by an investigation mode under the principle of directness and verbalism. This change in the logic of factual judgments has caused a change in the methods of evidence examination. In traditional evidence examination, evidence obtained from investigations is supposed to be genuine and reliable. In the substantive reform of court trials, it is presumed that evidence obtained from investigations cannot be fully trusted and it is easier to ascertain the facts of the case by investigating using the principles of directness, verbalism and individualized judging methods for evidence examinations. In practice, there are three main factors affecting the genuineness of evidence: the cognitive rules of testifiers, the motivation of the subjects who provide evidence, and the methods used by investigators to obtain evidence. Based on any one of these three factors, it cannot be concluded that evidence obtained from investigations is superior to evidence presented in court. The substantive court investigation is more advantageous to establishing the facts of a case than the traditional court investigation. The essential characteristics of the substantive reform of court trials are pursuing reality in essence instead of in form, and using the files of the court trials instead of the files of the investigation to avoid the evidence obtained through investigations from playing a decisive role in the adjudication thus making criminal procedures trial-centered rather than investigation-centered.展开更多
This paper explored the norms and mechanisms of access to justice regarding intimate partner violence(IPV),the constraints that affect refugee women when seeking measures against IPV,and the experiences and views of j...This paper explored the norms and mechanisms of access to justice regarding intimate partner violence(IPV),the constraints that affect refugee women when seeking measures against IPV,and the experiences and views of justice providers in giving access to justice to IPV victims in a customary court.This is a qualitative study where purposive sampling was applied.Five,eight,and four in-depth interviews with IPV victims,justice makers from BMC/CMC,and other concerning organizations were conducted,respectively.Moreover,two key-informant interviews were also conducted.Data were analyzed utilizing thematic analysis.The findings revealed that the multi-sectoral approach is the framework in responding to IPV cases followed by each actor,including the BMC and CMC,who are protecting the rights of IPV victims.However,this community-based committee is the first spot to mitigate IPV cases,and the trial procedures are not consistent with national laws and international human rights standards;the committee uses their life experiences,religious norms,and socio-cultural values.IPV victims and the customary court experience obstacles in case reporting,trial processing,and denial of legal justice.Moreover,the committee is more active in keeping the family and societal harmony rather than in protecting the individual(women).United Nations High Commissioner for Refugees(UNHCR)should accelerate efforts to protect,respect,and fulfill the needs of IPV victims in all sectors.Training on human rights and gender,the determination of the rules and regulations of the customary court to protect IPV victims,the development of appropriate sanctions for perpetrators,and the remedies for victims are suggestions from the research to get justice for the IPV victims.展开更多
Why the court of admiralty of England reached its peak during the Tudor period is a long-standing issue in academic circles,and it is necessary to clarify the attribute of the Court of Admiralty before answering this ...Why the court of admiralty of England reached its peak during the Tudor period is a long-standing issue in academic circles,and it is necessary to clarify the attribute of the Court of Admiralty before answering this question.A comprehensive inspection of the admirals,judges of admiralty courts’patents,and statutes of the realm during the Tudor period reveals that,on the one hand,the court of admiralty passed the substantive admirals’judicial privileges,the typification of court of admiralty orders,and the autonomy of trial and enforcement privileges.On the other hand,on the basic of maritime upstarts,the court of admiralty,got rid of the control of the royal power and became an independent force in the English judicial system.The substantively operating independently court of admiralty may be the first comprehensive national judicial institution established in England in the early modern period.展开更多
For the purpose of summarising the judicial experiencein adjudicating IP-related cases and familarising the readersin China and overseas with the practical situation of
Blockchain,artificial intelligence,and other technologies have been increasingly integrated with the law,and the construction of smart justice and Internet courts in various places has a prominent effect on court info...Blockchain,artificial intelligence,and other technologies have been increasingly integrated with the law,and the construction of smart justice and Internet courts in various places has a prominent effect on court informatization.The Supreme People’s Court is currently carrying out the pilot reform of separation between complicated and simple cases in civil procedure,and legal technology will inevitably become a major means to enable the reform.In the field of electronic litigation,legal technology itself has become a goal of the reform.Regarding the trials of pilot basic courts,legal technology has been more deeply applied in many links such as trial activities and trial management,playing an essential role in improving judicial efficiency,and becoming an important way to solve judicial dilemmas such as“litigation explosion.”However,the history of modern society reminds us that we should be reasonably optimistic about the development of technology,especially in the field of justice.展开更多
In response to the 'cages in courts' issue in criminal trials,after reviewing a series of cases such as 'Svinarenko and Slyadnev v.Russia',the European Court of Human Rights has gradually clarified tha...In response to the 'cages in courts' issue in criminal trials,after reviewing a series of cases such as 'Svinarenko and Slyadnev v.Russia',the European Court of Human Rights has gradually clarified that the 'human dignity of the accused and his right to a fair trial are higher than the value of court security',thus found that putting the accused in a cage dock or improper use of a glass cabin dock are in breach of Article 3 and Article 6 of the European Convention on Human Rights,constitutes degrading treatment and violates the right to a fair trial.This position is in line with the international overall trend,which is of significance as a reference for China’s courts.Domestic courts should take the initiative to change the current use of the 'low fence dock' to further enhance China’s judicial civilization.展开更多
In any modern society under the role of law, the court, as the organ of trials, invariably has its authority recognized by the constitution and laws, an authority that the general public accepts as a matter of course....In any modern society under the role of law, the court, as the organ of trials, invariably has its authority recognized by the constitution and laws, an authority that the general public accepts as a matter of course. Sentences and rulings passed by the court represent recognition of the relevant legal matters in accordance with the law, and their execution is guaranteed by the compulsory power of the state. Nevertheless, judges are human beings and,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
Evidence-based medicine(EBM)is recognized as one of the highest-quality scientific approaches in the medical community around the globe.It calls for doctors to use the best available scientific evidence in clinical de...Evidence-based medicine(EBM)is recognized as one of the highest-quality scientific approaches in the medical community around the globe.It calls for doctors to use the best available scientific evidence in clinical decision-making.This paper used an empirical study on 44 EBM related judicial cases in China,the result shows the EBM is commonly used as a supplement to the expert opinion in actual judicial review,it is deemed to illuminate the causation in the case fact rather than as the standards of care,which has the similar characteristics as"documentary evidence",and over the years the Chinese judicial practice formed a"three-stage"judicial review rule on EBM:(1)the first stage is whether the evidence itself can meet the standards of EBM;(2)the second stage is when determining the evidence presented by parties is sufficient to meet the legal standards of EBM,and whether it can be applied in a court case would depend upon comprehensive consideration of adaptability and maturity of EBM;(3)the third stage is whether to treat EBM as the only basis in causation analysis.展开更多
文摘Question: As you know. attention is now growing in China and outside to judicial protection of human rights. As President of the Supreme People’s Court and China’s top judge, would you make some comments on protection of human rights under China’s juridical system?
文摘Fayuan Temple Date:September 3-8,2024 Venue:National Center for the Performing Arts The drama portrays a story which occurs during the late Qing Dynasty which involves severe and lingering corruption and crisis for over 100 years.The work integrates intricate elements like life and death,country and family,emperor and courtiers,strength and weakness,public and private,etc.This brutal and cruel history is presented through the court,populace and temple on the stage.
文摘In 1066,the Duke of Normandy William in France held the Norman army to invade England.As a result of the Conquest,French culture was introduced into England,romance as a part of French culture soon became the prevailing literary form at that time.Romance chiefly deals with two subjects,naming,adventures and the courtly love,and adventures are often discussed by a number of writers,however,the courtly love has often been ignored by them.This paper tries to analysis the courtly love,focusing on revealing the value of love in the courtly love.
文摘In order to safeguard the legitimate rights and interests of all parties, ensure the justice of legal proceedings and maintain the Chinese judicial system's positive international image, high quality interpretation of legal proceedings is extremely important. This paper will analyze the nature of court interpreting and draw lessons from successful foreign practices. Moreover,some thoughts and suggestions will be presented for the establishment of national court interpreting standards in China.
文摘A man had to go to court, and he asked his lawyerwhich judge would be hearing his case. His lawyer toldhim and then said, ’Do you know him?’ The man answered, ’No, but I wanted to know hisname so that I could send him a dozen bottles of goodwine.’
文摘Nanjing(historically known as Nanking),which was the imperial capital of several Chinese dynasties,is one of the Four Great Ancient Capitals of China.In the Chinese language,Nanjing means"southern capital".Situated in the lower reach of the Yangtze River,Nanjing sports a long historical heritage and has served as the capital for six dynasties.Most of the Nanjing’s attractions are reminders of the city’s past glory,especially under the Ming Dynasty(1368-1644).
文摘PEKING appliqu(?),one of the many handicrafts of China,is an old art-form going backmany centuries.Different materialsare cut out and attached to oneanother to create a single-piece de-coration,much like embroidery.Itshistory can be traced back 2,000years to the Han Dynasty,whenartists would use thin scraps andpatches of silk to piece together aportrait or a depiction of the land-scape.During the Song Dynastyappliqu(?) enjoyed a resurgence andbecame very similar to traditionalembroidery.After the Qing Dynas-ty,appliqu(?) became very popularoutside the emperor's court and res-pectable women everywhere tookit up as a pastime。
文摘In this paper, we conduct research on the operation mechanism of claim in civil procedure law and the applications on the court trial way reform. The ultimate goal of the rule of law lies in identifying and protecting the rights of citizens. Way to protect the rights of citizens is diverse, but the judicial relief is the most basic and important form of insurance. Everyone can “into” the court and get the impartiality of the judicial relief, is a measure of a country judicial level height and the rule of law implementation degree of important yardstick. Judicial system and judicial procedure to build and build a better, if the subject of litigation rights are not being met and the safeguard, can’t get through the door and it is the legislators and legal scholars over the many efforts are meaningless, under this basic condition, we propose the new perspective on the corresponding issues that is necessary.
文摘In the pilot project of the substantive reform of court trials,“unexpected” judgments appeared constantly because the traditional documentary investigation mode has been replaced by an investigation mode under the principle of directness and verbalism. This change in the logic of factual judgments has caused a change in the methods of evidence examination. In traditional evidence examination, evidence obtained from investigations is supposed to be genuine and reliable. In the substantive reform of court trials, it is presumed that evidence obtained from investigations cannot be fully trusted and it is easier to ascertain the facts of the case by investigating using the principles of directness, verbalism and individualized judging methods for evidence examinations. In practice, there are three main factors affecting the genuineness of evidence: the cognitive rules of testifiers, the motivation of the subjects who provide evidence, and the methods used by investigators to obtain evidence. Based on any one of these three factors, it cannot be concluded that evidence obtained from investigations is superior to evidence presented in court. The substantive court investigation is more advantageous to establishing the facts of a case than the traditional court investigation. The essential characteristics of the substantive reform of court trials are pursuing reality in essence instead of in form, and using the files of the court trials instead of the files of the investigation to avoid the evidence obtained through investigations from playing a decisive role in the adjudication thus making criminal procedures trial-centered rather than investigation-centered.
文摘This paper explored the norms and mechanisms of access to justice regarding intimate partner violence(IPV),the constraints that affect refugee women when seeking measures against IPV,and the experiences and views of justice providers in giving access to justice to IPV victims in a customary court.This is a qualitative study where purposive sampling was applied.Five,eight,and four in-depth interviews with IPV victims,justice makers from BMC/CMC,and other concerning organizations were conducted,respectively.Moreover,two key-informant interviews were also conducted.Data were analyzed utilizing thematic analysis.The findings revealed that the multi-sectoral approach is the framework in responding to IPV cases followed by each actor,including the BMC and CMC,who are protecting the rights of IPV victims.However,this community-based committee is the first spot to mitigate IPV cases,and the trial procedures are not consistent with national laws and international human rights standards;the committee uses their life experiences,religious norms,and socio-cultural values.IPV victims and the customary court experience obstacles in case reporting,trial processing,and denial of legal justice.Moreover,the committee is more active in keeping the family and societal harmony rather than in protecting the individual(women).United Nations High Commissioner for Refugees(UNHCR)should accelerate efforts to protect,respect,and fulfill the needs of IPV victims in all sectors.Training on human rights and gender,the determination of the rules and regulations of the customary court to protect IPV victims,the development of appropriate sanctions for perpetrators,and the remedies for victims are suggestions from the research to get justice for the IPV victims.
文摘Why the court of admiralty of England reached its peak during the Tudor period is a long-standing issue in academic circles,and it is necessary to clarify the attribute of the Court of Admiralty before answering this question.A comprehensive inspection of the admirals,judges of admiralty courts’patents,and statutes of the realm during the Tudor period reveals that,on the one hand,the court of admiralty passed the substantive admirals’judicial privileges,the typification of court of admiralty orders,and the autonomy of trial and enforcement privileges.On the other hand,on the basic of maritime upstarts,the court of admiralty,got rid of the control of the royal power and became an independent force in the English judicial system.The substantively operating independently court of admiralty may be the first comprehensive national judicial institution established in England in the early modern period.
文摘For the purpose of summarising the judicial experiencein adjudicating IP-related cases and familarising the readersin China and overseas with the practical situation of
文摘Blockchain,artificial intelligence,and other technologies have been increasingly integrated with the law,and the construction of smart justice and Internet courts in various places has a prominent effect on court informatization.The Supreme People’s Court is currently carrying out the pilot reform of separation between complicated and simple cases in civil procedure,and legal technology will inevitably become a major means to enable the reform.In the field of electronic litigation,legal technology itself has become a goal of the reform.Regarding the trials of pilot basic courts,legal technology has been more deeply applied in many links such as trial activities and trial management,playing an essential role in improving judicial efficiency,and becoming an important way to solve judicial dilemmas such as“litigation explosion.”However,the history of modern society reminds us that we should be reasonably optimistic about the development of technology,especially in the field of justice.
文摘In response to the 'cages in courts' issue in criminal trials,after reviewing a series of cases such as 'Svinarenko and Slyadnev v.Russia',the European Court of Human Rights has gradually clarified that the 'human dignity of the accused and his right to a fair trial are higher than the value of court security',thus found that putting the accused in a cage dock or improper use of a glass cabin dock are in breach of Article 3 and Article 6 of the European Convention on Human Rights,constitutes degrading treatment and violates the right to a fair trial.This position is in line with the international overall trend,which is of significance as a reference for China’s courts.Domestic courts should take the initiative to change the current use of the 'low fence dock' to further enhance China’s judicial civilization.
文摘In any modern society under the role of law, the court, as the organ of trials, invariably has its authority recognized by the constitution and laws, an authority that the general public accepts as a matter of course. Sentences and rulings passed by the court represent recognition of the relevant legal matters in accordance with the law, and their execution is guaranteed by the compulsory power of the state. Nevertheless, judges are human beings and,
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.
基金This research was funded by Sichuan Medical Health Legal Research Center Project(grant number:YF21-Q06)Anhui Law and Social Security Research Center Project(grant number:fzsh2021cx-17)National Social Science Foundation Project“Comparative Study on Public Health Legislation”(grant number:20CFX016).
文摘Evidence-based medicine(EBM)is recognized as one of the highest-quality scientific approaches in the medical community around the globe.It calls for doctors to use the best available scientific evidence in clinical decision-making.This paper used an empirical study on 44 EBM related judicial cases in China,the result shows the EBM is commonly used as a supplement to the expert opinion in actual judicial review,it is deemed to illuminate the causation in the case fact rather than as the standards of care,which has the similar characteristics as"documentary evidence",and over the years the Chinese judicial practice formed a"three-stage"judicial review rule on EBM:(1)the first stage is whether the evidence itself can meet the standards of EBM;(2)the second stage is when determining the evidence presented by parties is sufficient to meet the legal standards of EBM,and whether it can be applied in a court case would depend upon comprehensive consideration of adaptability and maturity of EBM;(3)the third stage is whether to treat EBM as the only basis in causation analysis.