Lawyers play no small a role in improving China’s legal system, which comes along with the country’s endeavor to build a market-oriented economy and open to the outside world. Legal services provided by lawyers have...Lawyers play no small a role in improving China’s legal system, which comes along with the country’s endeavor to build a market-oriented economy and open to the outside world. Legal services provided by lawyers have virtually become available to all sectors of society since the country adopted the policy of reform and opening up in the late 1970s.展开更多
As an important rectifying mechanism to the involved parties-oriented civil litigation model,the mandatory attorney system requires the involved parties of a lawsuit to appoint a lawyer to represent them in the litiga...As an important rectifying mechanism to the involved parties-oriented civil litigation model,the mandatory attorney system requires the involved parties of a lawsuit to appoint a lawyer to represent them in the litigation,otherwise they will be rejected because the litigation requirements aren’t met.This seems to restrict the litigants’right to initiate a lawsuit by themselves.Through the arrangement of the system for the participation of lawyers in some litigation procedures,stages,and cases,coupled with the legal principle of litigation costs,the litigation costs sharing mechanism,legal aid,and other related supporting systems,it is not only a substantive guarantee for the litigants’right of action,but also can even strengthen the protection of the litigants’right of action in civil litigation.Based on the need to effectively protect and strengthen the litigants’right of action,combined with its civil litigation system and judicial operation environment,China should adopt a phased and gradual strategy to introduce and implement the mandatory attorney system in civil litigation while constantly improving its lawyer system,litigation costs system,legal aid system,and other related supporting systems.展开更多
Abortion is the knowing destruction of the life of an unborn child in the womb other than for the principal purpose of producing a life birth or removal of a dead tissue. The Nigeria law stipulates that abortion is al...Abortion is the knowing destruction of the life of an unborn child in the womb other than for the principal purpose of producing a life birth or removal of a dead tissue. The Nigeria law stipulates that abortion is allowed only where there is risk to the life of the woman and or to her physical or mental health. This study is aimed at determining the perception of abortion and the relevant laws by lawyers in Anambra State, Nigeria. It is a descriptive cross sectional study carried out between May-June 2010 using pre-tested self administered questionnaires to collect data from consenting 200 lawyers in the 3 major towns of Anambra State. All the respondents knew about abortion, recognized health hazards associated with it and mentioned infertility as the major complication of abortion (53%) followed by death (52.5%) and bleeding (42.5%). About 80% of respondents said abortion should be allowed in cases of danger to woman’s life, rape or incest. Eighty-five percent of the lawyers were aware of the existing abortion law in Nigeria and 76.5% of this knew abortion was legal only to save the life of the woman. Only 26% were in support of legalization of abortion. The Lawyers recommended health education and family planning, among others as means of preventing abortion and its complications. Stigma associated with abortion should be removed to improve free reporting of abortion cases for legal actions. Further research should involve other stakeholders on abortion to make for a holistic approach to the problem.展开更多
A quantitative, non-experimental, and cross-sectional descriptive study was conducted to analyze the perceptions and attitudes of attorney teachers, from the Southern Professional Institute （IPReS） of the Federal St...A quantitative, non-experimental, and cross-sectional descriptive study was conducted to analyze the perceptions and attitudes of attorney teachers, from the Southern Professional Institute （IPReS） of the Federal State University of Morelos （UAEM）, towards the new information and communication technologies （ICTs）. The investigation was conducted by the method of survey and gathering information through the application of teachers＇ Attitudes Questionnaire to Computers derived from the instrument ＂Teachers＇ Attitudes Toward Computers＂ of Christensen and Knezek （1996） to the total teachers with a law degree who work at the institute. The dimensions involved in the questionnaire were： liking/utility, email, frustration/anxiety, learning/productivity, and negative impact. The results projected in the study reflected that teachers have a positive attitude （medium to favorable） with respect to computers and emails. In addition, the results showed the absence of teachers＇ feelings of anxiety, nervousness, or fear towards using computers.展开更多
To construct the rule of law, we can not only rely on the legal system itself but also should we take good use of the legal person＇ s active participation in the building process, which would be the driving force. On...To construct the rule of law, we can not only rely on the legal system itself but also should we take good use of the legal person＇ s active participation in the building process, which would be the driving force. Only the static legal system itself can not nile out the presence of ruling of man and something like unjust privilege. However, legal person＇s dynamic involving in the conslluction of rule of law, by means of legal person＇s constraints to the person of rule of man, can effectively protect citizens＇ legitimate rights and interests, by what we can achieve the maximum degree of eliminating social injustice as well. There is no doubt that the lawyer is just the Sllong force that above-mentioned who promotes the process of legal construction to develop better and longer.展开更多
To construct the rule of law, we can not only rely on the legal system itself, but also should we take good use of the legal person＇s active participation in the building process, which would be the driving force. On...To construct the rule of law, we can not only rely on the legal system itself, but also should we take good use of the legal person＇s active participation in the building process, which would be the driving force. Only the static legal system itself can not rule out the presence of ruling of man and something like unjust privilege. However, legal person＇s dynamic involving in the construction of rule of law, by means of legal person＇s constraints to the person of rule of man, can effectively protect citizens＇ legitimate rights and interests, by what we can achieve the maximum degree of eliminating social injustice as well. There is no doubt that the lawyer is just the strong force that above-mentioned who promotes the process of legal construction to develop better and longer.展开更多
I. Getting help from lawyers and its realization according to international standards The right to defense for a person involving in a law suit is a universal human right. Article 11 of the Universal Declaration of H...I. Getting help from lawyers and its realization according to international standards The right to defense for a person involving in a law suit is a universal human right. Article 11 of the Universal Declaration of Human Rights provides： ＂Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.＂ This means （1） the right to defence is a basic human right due to all persons charged with a penal offence; （2） it is a basic requirement for the principle of presumption of innocence and fair trial; and （3） the realization of the fight needs practical and effective guarantees.展开更多
More than 70 law experts, lawyers and prosecutors attended a symposium held in Beijing of late on the role lawyers should play in pre-trial procedures. The symposium was sponsored jointly by the State Institute for Pr...More than 70 law experts, lawyers and prosecutors attended a symposium held in Beijing of late on the role lawyers should play in pre-trial procedures. The symposium was sponsored jointly by the State Institute for Prosecutors, the Center for Research of Procedural Laws under the China Political Science and Law University and the Criminal Defense Committee of the All-China Lawyers＇ Association. This report highlights the debate that took place during the symposium.展开更多
The aim of the article is to show that Professor Cie?lak is the founder of the scientific school of philosophical and legal thought in criminal proceedings and five thoughts belonging to this school regarding the subj...The aim of the article is to show that Professor Cie?lak is the founder of the scientific school of philosophical and legal thought in criminal proceedings and five thoughts belonging to this school regarding the subject of the criminal process, the identity of a deed, participants in the process, the burden of the proof, the obligation of proving, and division the grounds for detention. Professor Cie?lak was one of the most distinguished Polish lawyers and scientists, and had a great influence on shaping views on the law, primarily in theory, but also in practice. His concepts result from his theoretical and philosophical research on the law and are also timeless, remotely dependent on the legislation currently in existence.展开更多
My first approach with China in the professional scenario was back in 2006 while I was working as an in-house lawyer at GE in Mexico.I was suddenly involved into conference calls within America,Europe and Asia for som...My first approach with China in the professional scenario was back in 2006 while I was working as an in-house lawyer at GE in Mexico.I was suddenly involved into conference calls within America,Europe and Asia for some of the sourcing negotiations of the businesses within the group.These展开更多
Many years ago, I was out on business and went to live in a Detroit hotel. I had just got some money, and didn’t want tocarry too much money with me. I asked the desk clerk to puta hundred-dollar bill in the safe for...Many years ago, I was out on business and went to live in a Detroit hotel. I had just got some money, and didn’t want tocarry too much money with me. I asked the desk clerk to puta hundred-dollar bill in the safe for me overnight. The next morning when I went to the clerk for my money, hesaid that he had not taken any of my money. I had neither areceipt nor any othec proof that I had given the man my money.展开更多
During a homicide trial(杀人案)in Nassau County, N. Y. the witness hadjust stated that he saw the victim lying on the ground, obviously dead. Thedefense lawyer(被告方的辩护律师)rose to his feet and conducted thefollow...During a homicide trial(杀人案)in Nassau County, N. Y. the witness hadjust stated that he saw the victim lying on the ground, obviously dead. Thedefense lawyer(被告方的辩护律师)rose to his feet and conducted thefollowing cross-examination(盘问):展开更多
在英语中,“介词+time”习语丰富多采,本文现列举一些如下,供读者学习时参考。 1.against time 争分夺秒地,尽快地 Police were working against time in their search for the hidden bomb. 警察正在争分夺秒地搜寻暗藏的炸弹。
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
文摘Lawyers play no small a role in improving China’s legal system, which comes along with the country’s endeavor to build a market-oriented economy and open to the outside world. Legal services provided by lawyers have virtually become available to all sectors of society since the country adopted the policy of reform and opening up in the late 1970s.
文摘As an important rectifying mechanism to the involved parties-oriented civil litigation model,the mandatory attorney system requires the involved parties of a lawsuit to appoint a lawyer to represent them in the litigation,otherwise they will be rejected because the litigation requirements aren’t met.This seems to restrict the litigants’right to initiate a lawsuit by themselves.Through the arrangement of the system for the participation of lawyers in some litigation procedures,stages,and cases,coupled with the legal principle of litigation costs,the litigation costs sharing mechanism,legal aid,and other related supporting systems,it is not only a substantive guarantee for the litigants’right of action,but also can even strengthen the protection of the litigants’right of action in civil litigation.Based on the need to effectively protect and strengthen the litigants’right of action,combined with its civil litigation system and judicial operation environment,China should adopt a phased and gradual strategy to introduce and implement the mandatory attorney system in civil litigation while constantly improving its lawyer system,litigation costs system,legal aid system,and other related supporting systems.
文摘Abortion is the knowing destruction of the life of an unborn child in the womb other than for the principal purpose of producing a life birth or removal of a dead tissue. The Nigeria law stipulates that abortion is allowed only where there is risk to the life of the woman and or to her physical or mental health. This study is aimed at determining the perception of abortion and the relevant laws by lawyers in Anambra State, Nigeria. It is a descriptive cross sectional study carried out between May-June 2010 using pre-tested self administered questionnaires to collect data from consenting 200 lawyers in the 3 major towns of Anambra State. All the respondents knew about abortion, recognized health hazards associated with it and mentioned infertility as the major complication of abortion (53%) followed by death (52.5%) and bleeding (42.5%). About 80% of respondents said abortion should be allowed in cases of danger to woman’s life, rape or incest. Eighty-five percent of the lawyers were aware of the existing abortion law in Nigeria and 76.5% of this knew abortion was legal only to save the life of the woman. Only 26% were in support of legalization of abortion. The Lawyers recommended health education and family planning, among others as means of preventing abortion and its complications. Stigma associated with abortion should be removed to improve free reporting of abortion cases for legal actions. Further research should involve other stakeholders on abortion to make for a holistic approach to the problem.
文摘A quantitative, non-experimental, and cross-sectional descriptive study was conducted to analyze the perceptions and attitudes of attorney teachers, from the Southern Professional Institute （IPReS） of the Federal State University of Morelos （UAEM）, towards the new information and communication technologies （ICTs）. The investigation was conducted by the method of survey and gathering information through the application of teachers＇ Attitudes Questionnaire to Computers derived from the instrument ＂Teachers＇ Attitudes Toward Computers＂ of Christensen and Knezek （1996） to the total teachers with a law degree who work at the institute. The dimensions involved in the questionnaire were： liking/utility, email, frustration/anxiety, learning/productivity, and negative impact. The results projected in the study reflected that teachers have a positive attitude （medium to favorable） with respect to computers and emails. In addition, the results showed the absence of teachers＇ feelings of anxiety, nervousness, or fear towards using computers.
文摘To construct the rule of law, we can not only rely on the legal system itself but also should we take good use of the legal person＇ s active participation in the building process, which would be the driving force. Only the static legal system itself can not nile out the presence of ruling of man and something like unjust privilege. However, legal person＇s dynamic involving in the conslluction of rule of law, by means of legal person＇s constraints to the person of rule of man, can effectively protect citizens＇ legitimate rights and interests, by what we can achieve the maximum degree of eliminating social injustice as well. There is no doubt that the lawyer is just the Sllong force that above-mentioned who promotes the process of legal construction to develop better and longer.
文摘To construct the rule of law, we can not only rely on the legal system itself, but also should we take good use of the legal person＇s active participation in the building process, which would be the driving force. Only the static legal system itself can not rule out the presence of ruling of man and something like unjust privilege. However, legal person＇s dynamic involving in the construction of rule of law, by means of legal person＇s constraints to the person of rule of man, can effectively protect citizens＇ legitimate rights and interests, by what we can achieve the maximum degree of eliminating social injustice as well. There is no doubt that the lawyer is just the strong force that above-mentioned who promotes the process of legal construction to develop better and longer.
文摘I. Getting help from lawyers and its realization according to international standards The right to defense for a person involving in a law suit is a universal human right. Article 11 of the Universal Declaration of Human Rights provides： ＂Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.＂ This means （1） the right to defence is a basic human right due to all persons charged with a penal offence; （2） it is a basic requirement for the principle of presumption of innocence and fair trial; and （3） the realization of the fight needs practical and effective guarantees.
文摘More than 70 law experts, lawyers and prosecutors attended a symposium held in Beijing of late on the role lawyers should play in pre-trial procedures. The symposium was sponsored jointly by the State Institute for Prosecutors, the Center for Research of Procedural Laws under the China Political Science and Law University and the Criminal Defense Committee of the All-China Lawyers＇ Association. This report highlights the debate that took place during the symposium.
文摘The aim of the article is to show that Professor Cie?lak is the founder of the scientific school of philosophical and legal thought in criminal proceedings and five thoughts belonging to this school regarding the subject of the criminal process, the identity of a deed, participants in the process, the burden of the proof, the obligation of proving, and division the grounds for detention. Professor Cie?lak was one of the most distinguished Polish lawyers and scientists, and had a great influence on shaping views on the law, primarily in theory, but also in practice. His concepts result from his theoretical and philosophical research on the law and are also timeless, remotely dependent on the legislation currently in existence.
文摘My first approach with China in the professional scenario was back in 2006 while I was working as an in-house lawyer at GE in Mexico.I was suddenly involved into conference calls within America,Europe and Asia for some of the sourcing negotiations of the businesses within the group.These
文摘Many years ago, I was out on business and went to live in a Detroit hotel. I had just got some money, and didn’t want tocarry too much money with me. I asked the desk clerk to puta hundred-dollar bill in the safe for me overnight. The next morning when I went to the clerk for my money, hesaid that he had not taken any of my money. I had neither areceipt nor any othec proof that I had given the man my money.
文摘During a homicide trial(杀人案)in Nassau County, N. Y. the witness hadjust stated that he saw the victim lying on the ground, obviously dead. Thedefense lawyer(被告方的辩护律师)rose to his feet and conducted thefollowing cross-examination(盘问):
文摘在英语中,“介词+time”习语丰富多采,本文现列举一些如下,供读者学习时参考。 1.against time 争分夺秒地,尽快地 Police were working against time in their search for the hidden bomb. 警察正在争分夺秒地搜寻暗藏的炸弹。
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.’
