Judicial Facility Upgrade China-assisted state-of-the-art judicial complex construction in Malawi to speed up court processes

A shortage of courtrooms has long been a challenge in Malawi,especially since more judges were hired to help to streamline the country’s judicial process.Yet,while the current judiciary is headquartered in the country’s second-largest city of Blantyre,due to a lack of work space;some sections of the judiciary are located elsewhere,such as the juvenile,commercial and industrial courts.

Report on the Work of the Supreme People's Court 2016(Extract)

Review of Work in 2015In 2015,the SPC,under the strong leadership of the Central Committee of the Communist Party of China(CPC)with Comrade Xi Jinping as General Secretary,and under the effective supervision of the National People’s Congress(NPC)and its standing committee,profoundly studied and carried out the spirits of the 18th National Congress of the CPC,and the third,fourth and fifth plenary meetings of the 18th CPC

Human Rights Protection Under China's Judicial System——An Interview with Xiao Yang, President of the Supreme People's Court of the People's Republic of China

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?

欧洲法院国家安全情报领域算法规制的经验及其借鉴——以La Quadrature du Net and Others案为例

[目的/意义]La Quadrature du Net and Others案是欧盟法院第一次以判决的形式回应成员国国家安全情报领域算法运用的立法,对其进行研究不仅能够拓展理论研究的视界,也可为我国相关制度的构建提供镜鉴。[方法/过程]采取案例分析法,深入分析欧盟法院国家安全情报领域算法规制的逻辑基点、路径和方法。[结果/结论]该判决对欧洲人权法院及法国均产生重要影响,但无论是传统情报监督路径与方法,还是新兴算法规制路径与方法,均存缺憾。我国在推进国家安全情报领域算法运用的同时,要对其基本权利干预性有充分认识,应通过立法强化国家安全情报领域算法运用的规制。

A Study on the Standardization of Court Interpretation and Suggestions in China

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.

The Courtly Love in Chivalry

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.

A Study of Historical References of Korean Royal Court Tea Culture through the Periods of Three Kingdoms,Goryeo Kingdom and Joseon Dynasty

The tea culture of royal court has a special significance as it represents the culture of the nation.The tea culture of Korean royal court has been described in various historical documents including the Memorabilia of Three Kingdoms,the History of Goryeo,and the Chronology of Joseon Dynasty.These historical documents indicate an increasing sophistication of royal court tea culture as the use of tea became expanded through the periods of Three Kingdoms,Goryeo Kingdom and Joseon Dynasty.The tea was offered during ancestral and religious rituals;served as ceremonial drinks;and offered to guests in ceremonial manners.The procedures of these tea ceremonies were ritualized and codified to properly reflect decorum and propriety of the royal court.This paper examines historical references of royal court tea culture of Korea over the periods of Three Kingdoms,Goryeo Kingdom and Joseon Dynasty.Findings from this paper can promote further research on the development of royal court tea culture in Asian countries.

The Substantive Reform of Court Trials: A Transformation of Logic in the Methods of Evidence Investigation——Summary of the Reform Pilot Project in Chengdu

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.

At the Court

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.’

A Study on"Fengqiao Experience"from the Perspective of People's Livelihood

The"Fengqiao Experience"has risen from the"local experience"in the early days to the"national experience"now.Although it has gone through twists and turns,it is full of exuberant and strong vitality.Fengqiao Experience is the experience of grass-roots mass governance based on people's livelihood and other factors,so this paper studies the challenges faced by the application of"Fengqiao Experience"and the internal relationship between the experience and people's livelihood from the perspective of people's livelihood and summarizes the realization path of carrying forward the"Fengqiao Experience"from the perspective of people's livelihood.Strengthening the construction of grass-roots Party organizations,taking the mass line and implementing autonomy,rule by virtue and rule by law are the ways to carry forward the"Fengqiao Experience"in the new era,which has certain guiding significance for reality.

Trust in the State Courts： Hispanic and African American Communities

The paper aims to compare the levels ofa＇ust Caucasians, African Americans, Hispanics, and other minority groups have in state courts. The paper presents four hypothesize which contend that African Americans, Hispanics, and other minority groups have lower levels of trust in state courts in comparison to Caucasians. Using data from a 2001 Justice at Stake Public Survey, a multivariate regression analysis was performed to assess the validity of each hypothesis. The variable for Race/Ethnicity was used as a baseline allowing for the comparison of levels of trust among each racial/ethnic group. The findings indicate that African Americans have a lower level of trust in state courts in comparison to their Caucasian and other minority counterparts and vice versa. Surprisingly, Hispanics were found to have no more or less trust in state courts when compared to Caucasians, African Americans, and other minority groups. Further research regarding trust in state courts should be carried out in both African American and Hispanic communities. Lastly, it is noteworthy to mention that the data set contained some limitations, such as its age and the exclusion of＂Asian＂ in the racial/ethnic categories.

The Court and Forest Circle in As You Like It

The setting of As You Like It follows a circle. The main characters left the court and went to the forest in which they got transformed, and then came back to the court that is not exactly the same one as the original.

The Use of Male Legal Representatives by Ottoman Women in Their Interactions With the Islamic Courts, 1550-1650

This study accentuates the differences in the ways in which Ottoman women, Muslim and non-Muslim, used the Islamic courts. In some regions Ottoman women went to the courts on their own while in others they relied on male representatives to enter into transactions or litigate on their behalf. Studies treating Islamic court records as uniform in shape and content have offered conflicting conclusions about the status of women in Ottoman society. This study demonstrates that a number of geographic and temporal variations affected women＇s access the courts, significantly affecting their legal status in the period of 1550-1650.

Research on the Operation Mechanism of Claim in Civil Procedure Law and the Applications on Court Trial Way Reform

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.

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.

Role of the Americans with Disabilities Act in Parental Rights Court Cases

In this paper, media provides a means of thinking critically about the role of ADA regulations should play in parental fights for individuals with mental disabilities, specifically mental illness, developmental disabilities, and brain injuries. Congress passed the Americans with Disabilities Act more than 20 years ago to ensure the rights of individuals with disabilities, including parental rights. Title II of the ADA applies to decisions made in the courtroom and other governmental agencies, which include child custody cases and termination of parental rights. ＂Reasonable Accommodations＂ is one requirement of the ADA to make society more inclusive for individuals with disabilities, even in the realm of parenting. Under Title II, such modifications would include parenting classes, homecare assistance, support groups, community resources, and counseling. Through a critical examination of experiences as depicted through media and court case analyses of parents with mental disabilities, this paper argues that challenging the idea that individuals with disabilities cannot or should not be parents must start in the courtroom, by changing the attitudes and perceptions of judges presiding over child custody cases and termination of parental rights cases involving parents with mental disabilities.

Accessibility of Justice for Intimate Partner Violence Victims in the Customary Court at Rohingya Refugee Camp, Bangladesh

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.

Small Claims Court in Environmental Disputes Resolution to Support the Realization of Sustainable Development

An appropriate business dispute resolution will ensure that the parties involved would not have to spend too much time and cost to resolve their case. There are two ways to resolve business disputes, through litigation and non-litigation process. The non-litigation process mainly depends upon the agreement of the parties involved and does not have a formally binding force upon them. Although the non-litigation process is more preferred in resolving business disputes, sometimes it does not completely resolve the issue. A specific business dispute resolution procedure such as the mechanism of small claims court （an informal court） is required. The objectives of the small claims court are to settle cases in prompt and cost-effective manner, and to avoid lengthy and complex formal legal procedures. Although it is still a part of the litigation process, the small claims court applies simplified procedures that are different from those of conventional civil cases. Nonetheless, the judgment of the small claims court has the same legally binding force as that of general court. The small claims court is situated in the District Court, but the examination of cases is different from general procedures and until now the mechanism has not been widely known in Indonesia.