Chinese Courts Protect Minor Citizens

China signed the United Nations Convention on the Rights of the Child in 1990, and the National People＇s Congress, China＇s highest legislature, ratified it in 1992. In 1991, the Law of the People＇s Republic of China on Protection of Juveniles was promulgated, followed by publication of the law of the People＇s Republic of China on Prevention of Juvenile Delinquency. Acting in accordance with these and other laws, people＇s courts across the country have spared no effort to protect the minor citizens in the course of adjudication.

Application and Regulation of Legal Science and Technology on the Pilot Program of the Reform of Separation between Complicated Cases and Simple Ones in Civil Procedure in the Basic People’s Courts

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.

Relief for Defendants Whose Litigation Rights Have Been Infringed upon by Courts: Problems and the Way Out

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.

TRANS-REGIONAL COURTS IN CHINA:A STUDY OF ESTABLISHMENT MODELS AND JURISDICTIONAL RULES

The trans-administrative regional(trans-regional)court was created as part of China’s judicial reforms in 2014.Thus far,only two trans-regional courts have been established,namely the Shanghai No.3 and Beijing No.4 Intermediate People’s Courts.An important reason for this slow pace is that the trans-regional court has transcended the current structural framework under the Organic Law of the People’s Courts in that(1)it is neither a specialized court that hears certain types of cases,(2)nor a local court established completely in keeping with administrative divisions.Therefore,the legal nature and status can only be clarified and justified when there is a clear definition of this new court system in the Organic Law of the People’s Courts.Several models,namely the independent set-up model,full reshuffling model and limited transformation model,have been proposed for the establishment of trans-regional courts.The most practical and efficient among these models is the limited transformation model,aiming to reconstruct the existing railway transportation courts.The trans-regional courts may have exclusive,alienage,or supplemental jurisdiction.Each form addresses particular types of special and major trans-regional cases,and other cases based on the theory of consolidation.

CULTURE

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.

Reporting Courts Independently

Some, not all, journalists in southwest China’s Yunnan Province have been promised greater access to the local judiciary after the provincial higher court, the highest local court, granted 14 reporters "specially invited press observer" status in early April.

THE COURTS＇ ACTIVE ROLE IN THE STRIVING FOR JUDICIAL INDEPENDENCE IN CHINA

In China, different factors can influence the judicial decision-making process of the courts. However, in more than 30 years＇ development, the courts appear to rely on the rhetoric of judicial independence and the Communist Party of China＇s endorsement of the importance of law to assert their own interests and institutional identity, and have employed various mechanisms to actively push the development of judicial independence in China.

Conforming Courts,Homegrown Hominids,The Outer Outlet,and Cash Crop Culture

Much is said of China’s judicial system and much more remains conspicuously unsaid,but recent changes have seen promising reforms for the state’s beleaguered court system.For starters,the authorities are beginning to take notice that judges,those on the front lines of dispensing-justice,are underpaid,overworked,and unappreciated.There’s also the rather troubling matter of jurisdiction,but recent changes have provided more provincial

A Positivistic Analysis of Altering Charges by Courts

It iS general practice in China for coupsactively to alter a charge.There are threeimportant reasons for this that people tendto overlook.They can be detailed as thefollowing:(1)The bill ofcomplaint separatesof charge facts from legal comments.insteadof integrating them.(2)It is common

Chinese Courts’ Approach to Non-signatory Issues in Arbitration:A Case Study

This paper focuses on Chinese courts’approach toward non-signatory issues through a detailed description of 5 cases of representative value.The conclusions are threefold.First,nonsignatories cannot be brought into arbitration proceedings without their consent.And it seems that the consent also needs to be explicit.Second,when an arbitral award has to be annulled by reason of the non-signatory pro blem s,Chinese courts would examine whether the award can be divided into different parts and if so, whether the parts that have nothin g to do with the non-signatories can be maintained and enforced.Third,when non-signatory issues arise in an arbitration implicating a local Chinese government,it seems that Chinese courts would,as in ordinary cases involving nonsignatories,examine the case by employing the indispensable tool,namely the'consent',and would not annul the award just because the case im plicates a local government which intends to have the award annulled.

Five of China Patent Agent(H.K.)Ltd.Patent Litigation/Invalidation Wins in 2019 Selected as Courts/CNIPA’s Exemplary Cases

Recently,in concert with the World IP Day on 26 April,a number of overview reports on the IP work of 2019 were published respectively by the Chinese courts of various levels and the China Intellectual Property Administration(CNIPA),and a series of announcements were made on the e×-emplary cases of the year.5 winning cases of China Patent Agent(H.K)Ltd.(CPA)have been selected into these e×emplary cases by the various levels of courts and the CNIPA.At the supreme court level,2 of CPA winning cases,both related to patent grant and validity issues,were included in the Annual Report on IP Cases of the Supreme People’s Court(SPC)2019(which comprises 12 patent administrative lawsuits involving 14 legal issues)as well as the Tenets of Adjudication of the SPC’s IP Court 2019.

From"Online Trial"to"Network Govemance":A Perspective on the Functional Transformation of Internet Courts

Internet courts in the 1.0 era achieved initial success in"online trial"and facilitation of the people's access to judicial services,yet lacked the particularity that special courts should have in terms of organization,cases and procedures,making them difficult to fulfill the function of governance of network society.Compared with rule and management,governance has the features of decentralization,broad scope,and co-construction of rules.Features of network society are in line with the structure of social governance theory.To fulfill their function of governance of network society,internet courts in the 2.0 era,as the integrator of multiple centers and cyberspace as well as the analyzer of internet rules,need to improve in terms of organization,cases and procedures:In terms of organization,consider upgrading internet courts to be intermediate courts and identifying them as cross-region courts in cyberspace;in terms of cases,redefine the essence and extension of"online cases"with elements including wholly cyberspacerelated civil and commercial dispute resolution,new business format management on internet platforms,and governance of data-related rights;and in terms of procedures,improve Internet courts'case selection procedures,judgement effect extension procedures,investigation procedures for independent evidence collection of internet cases,and automatic enforcement procedures ensuring the instant enforcement of judgment,so as to promote a mature and complete legal framework for cyberspace governance.

“南海仲裁案”后中国面临的压力与应对之道

一、南海国际仲裁有水分,中方可能面临四大压力 首先,海牙国际仲裁庭（international court of arbitration）不要翻译为国际仲裁法庭,它并不是严格意义上的国际司法机构。它有点像＂劳动仲裁委员会＂,不是法院本身,有准司法权,但不具有完全司法权。因此,国际仲裁庭最后得出的结论不能叫做司法裁决,而应该叫做仲裁意见。我们要清楚其法律效力中有一定水分。

涉外民商事案件的管辖冲突与司法审查

涉外民商事案件的管辖冲突包括涉外民事诉讼管辖冲突与涉外商事仲裁管辖冲突两方面,均必须通过司法审查予以解决。前者解决的是同一案件应由内国法院还是外国法院审理的问题,需要通过作为司法审查标准的管辖权规则的适用加以解决;后者解决的是同一案件应由仲裁机构还是人民法院来处理。仲裁与诉讼是解决涉外民商事纠纷的两种主要途径。虽然有效的仲裁协议排除诉讼管辖,但仲裁协议的效力、仲裁事项的性质以及裁决的承认与执行等问题均为人民法院司法审查的对象。涉外仲裁司法审查的主要目的就是解决仲裁与诉讼管辖的冲突。对于涉外诉讼管辖冲突,作者将通过一事两诉案件、协议管辖案件和责任竞合案件的分析来阐明司法审查中的处理原则。对于涉外仲裁管辖冲突,本文将从仲裁协议的法律适用,裁判解释、仲裁范围的确定以及仲裁与诉讼竞合案件的处理等方面,来分析司法审查中处理仲裁管辖与诉讼管辖冲突的规则。

司法解释观照下的《中华人民共和国合同法》翻译研究

"无论一部法令在起草时经过了多么慎重周密的考虑(实际上很多法令的起草是极为粗略的),各项条款在运用到具体案件时,案件的具体情况常常引发争议——疑问似乎是不可避免的"。i司法机关在适用法律过程中始终面临着法律的稳定性和现实性的矛盾问题。为解决这一矛盾,就必须采取一种经常性的,得力的补救措施——司法解释。司法解释可以解决法律的稳定性与社会发展之间的矛盾,使法律能适应复杂的、多变的、具体的、发展的社会关系,以弥补立法的不足,使立法更加完善。

National Identity as a Useful Tool for Setting Limits to European Integration

The European Union law,a new order of international law,permeates the legal orders of the Member States,binding not only states but also citizens.However,this permeation of the European Union law into the constitutional orders of the Member States is not unconditional.One of the limits is the national identity,understood as the constitutional identity.In legal terms,the concept of national identity is narrower than the one,characteristic for the national tradition.And it is the constitutional identity that shapes the relationship between the European Union and the Member States.The purpose of this study is to show the relationship between the European Union legal order and legal(constitutional)orders of the Member States.It will focus on such aspects as:national and constitutional identity,the concept of national identity shaped by the case law of the European Court of Justice and the significance of constitutional identity in the jurisprudence of constitutional courts.

Principles and Issues Related to PsychologicalEvaluation of Parental Competence in the Arab MoslemSociety in Israel

For the Arab Moslem citizens of Israel, the Shari＇a court is the supreme judicial body competent to adjudicate and rule onmatters of divorce, custody, adoption, and custodianship. Under Shari＇a law, a boy will be in the custody of his mother until the ageof seven and the girl, until the age of nine; at the end of this period, the children are transferred to the father＇s custody. In cases wherethere is no father, they are transferred to the custody of the grandfather. In cases of dispute between the parents regarding custody,the Shari＇a court is called upon to rule, and for this purpose, it seeks a professional psychological evaluation of parenting competenceIt should be noted that this evaluation in Arab Moslem society involves professional and ethical issues since it is culturally-biased interms of Moslem culture： （l） Arab society is a collective comprised of extended families （hamula = clans）; （2） Men have apreferential status over women; （3） The functions of the father and the mother with respect to the child＇s needs （instrumental,emotional, and educational） are distinct from each other. It is further noteworthy that the psychological evaluation is made bydiagnostic information and accredited tools of evaluation. In the present situation there are no psychological tests that were adaptedfor the Arab population. The test must be reliable and reflect the reality being tested. Lack of standardization for tests makes themirrelevant. Furthermore, it must be said that in the Arab world there is no consensus about the tools constructed for this purpose in theWest. Psycho-diagnostic tools including evaluations that deal with testing the level of general intellectual functioning are found innearly every psychological service or mental health clinic, but it is obvious to everyone that at the end of the testing, one must relyalso on the tester＇s experience and professional ability in order to determine the etiology or to make a diagnosis that will reflect thesubject＇s innermost emotional or mental state. Therefore the model for evaluating parenting competence in general Israel society isnot applicable in Arab Moslem society, since it is culturally-biased and the two cultures are different from each other. Therefore it isnecessary to build a model for evaluation that is grounded upon： （1） Shari＇a law; （2） Reference to the extended family; （3）Differential roles of father and mother; （4） Psychological tests adapted to the culture being examined.

Customary Law to Acquire Full Force of Law

A number of the constitutions limit recognition of customary law to those customs and/or usages,which have the“force of law”in their respective territories.The question as to whether a custom has the“force of law”may be variously interpreted depending upon whether it is the community,the courts,or the legislature,which has the power to identify when a custom becomes law.Determining just when a custom acquires the“force of law”is of much importance for its wider recognition and application.This in turn is linked to the question of proof of customary law.A key aspect of Papua New Guinea(PNG)’s approach is that it brought the multiplicity of regimes of different cultures under a national framework and has given a place to customary law which is now constitutionally recognized as superior to the inherited common law.It places the local and traditional over the inherited and imported law,with the constitution placed over both.In this paper I examine customary law as in the context of the PNG Constitution.

论人民法院应改称法庭

人民法院的称谓在我国存续已久，但从法律历史及法律翻译的角度来看，该称谓井不科学。英语court对应的汉字，从严格意义上来看，应当是法庭或法庭建筑物。从历史上看，西方文明也只存在法庭、司法诉讼广场，而不存在类似我国人民法院的组织。而且．人民法院的称谓还有其弊端，夹带了封建糟粕和文革遗弊，例如，我国法院按照行政组织那样设置院长职位，而美国则是首席大法官。因此，应当纠正人民法院的名称，改称法庭。