The concept of justice is a complex phenomenon which has been subjected to various legal, social, and philosophical interpretations. In other words, for the concept to make meaning to analysts and various intellectual...The concept of justice is a complex phenomenon which has been subjected to various legal, social, and philosophical interpretations. In other words, for the concept to make meaning to analysts and various intellectual communities, it has to undergo a process of concept conceptualization and operationalisation. It is therefore this lack of univocal definition of justice that one can philosophically assert that there is no theory of justice but theories of justice. The purpose of this article is not to delve into the various analyses of theories, meanings, definitions, and/or explanations of justice but to examine John Rawls＇ Difference Principle of justice in the context of the Nigerian Quota System. In order to make this writing less nebulous and less ambiguous and more explicit and clear, I shall examine the definitions of the concepts of both justice and Quota System. In addition, evaluation of the philosophical and theoretical assumptions of the Rawls＇ theory and the Quota System will be made with a view to revealing their applicability and relevance in our real economic socio-political system （in Nigeria）.展开更多
In 2000, the interpretation of the specific application of law on the trial of traffic accident criminal cases was issued by the Supreme People＇ s court. The second article and the fourth article in the judicial inte...In 2000, the interpretation of the specific application of law on the trial of traffic accident criminal cases was issued by the Supreme People＇ s court. The second article and the fourth article in the judicial interpretation take the ＂no ability of the amount of compensation＂ as conviction and aggravated punishment standard after the traffic accident, causing the academic community fierce controversy. This article briefly states the publishing background, applicable conditions, defects and its positive significance of the two provisions. This paper nresents the immature modification suggestions for the two nrovisions.展开更多
State policies exert a great influence over Chinese civil justice. Article 6 of the General Principles of Civil Law stipulates that state policies are a source of civil law, but the path by which they enter civil just...State policies exert a great influence over Chinese civil justice. Article 6 of the General Principles of Civil Law stipulates that state policies are a source of civil law, but the path by which they enter civil justice is not a rational one and may lead to adjudication difficulties with state policies. State policies are integrated with state law, and the laws and legal interpretations formulated by the National People＇s Congress and its Standing Committee, judicial interpretations, administrative regulations, autonomous regulations and special regulations, administrative rules and other regulatory documents are forms of expression of state policies. Different rules for adjudication apply depending on the different vehicles of state policy. The Supreme People＇s Court can play a role in making public policy and guiding state policy into civil adjudication through ＂open＂ and ＂unseen＂ channels.展开更多
The new provisions on judicial interpretation work issued by the Supreme People＇s Court （SPC） explicitly establish two procedural institutions： ＂Citizen motion for project initiation of judicial interpretation＂ ...The new provisions on judicial interpretation work issued by the Supreme People＇s Court （SPC） explicitly establish two procedural institutions： ＂Citizen motion for project initiation of judicial interpretation＂ and ＂Seeking public comment.＂ Under the rubric of democratization, these create ＂primafacie democratic legitimacy＂ for it to carry out the political function of developing law through judicial interpretation, and also enable it to broadly absorb information or knowledge in the course of Chinese-style judicial interpretation, especially abstract interpretation. However, the ＂democratization＂ trend gives also the impression that the SPC hews so close to public opinion that it will find itself in a quandary if it becomes necessary for it to make an independent and wise judgment. The SPC must find an appropriate balance between following behind and standing aloof from public opinion. Therefore, we should not take any further steps in ＂democratization.＂ An acceptable strategy for the present would be for the SPC to retain abstract interpretation in a limited sphere while working on reforming the content, form and system of concrete interpretation and extending its scope of application, letting the two models of judicial interpretation coexist and compete for future development and choices.展开更多
文摘The concept of justice is a complex phenomenon which has been subjected to various legal, social, and philosophical interpretations. In other words, for the concept to make meaning to analysts and various intellectual communities, it has to undergo a process of concept conceptualization and operationalisation. It is therefore this lack of univocal definition of justice that one can philosophically assert that there is no theory of justice but theories of justice. The purpose of this article is not to delve into the various analyses of theories, meanings, definitions, and/or explanations of justice but to examine John Rawls＇ Difference Principle of justice in the context of the Nigerian Quota System. In order to make this writing less nebulous and less ambiguous and more explicit and clear, I shall examine the definitions of the concepts of both justice and Quota System. In addition, evaluation of the philosophical and theoretical assumptions of the Rawls＇ theory and the Quota System will be made with a view to revealing their applicability and relevance in our real economic socio-political system （in Nigeria）.
文摘In 2000, the interpretation of the specific application of law on the trial of traffic accident criminal cases was issued by the Supreme People＇ s court. The second article and the fourth article in the judicial interpretation take the ＂no ability of the amount of compensation＂ as conviction and aggravated punishment standard after the traffic accident, causing the academic community fierce controversy. This article briefly states the publishing background, applicable conditions, defects and its positive significance of the two provisions. This paper nresents the immature modification suggestions for the two nrovisions.
文摘State policies exert a great influence over Chinese civil justice. Article 6 of the General Principles of Civil Law stipulates that state policies are a source of civil law, but the path by which they enter civil justice is not a rational one and may lead to adjudication difficulties with state policies. State policies are integrated with state law, and the laws and legal interpretations formulated by the National People＇s Congress and its Standing Committee, judicial interpretations, administrative regulations, autonomous regulations and special regulations, administrative rules and other regulatory documents are forms of expression of state policies. Different rules for adjudication apply depending on the different vehicles of state policy. The Supreme People＇s Court can play a role in making public policy and guiding state policy into civil adjudication through ＂open＂ and ＂unseen＂ channels.
文摘The new provisions on judicial interpretation work issued by the Supreme People＇s Court （SPC） explicitly establish two procedural institutions： ＂Citizen motion for project initiation of judicial interpretation＂ and ＂Seeking public comment.＂ Under the rubric of democratization, these create ＂primafacie democratic legitimacy＂ for it to carry out the political function of developing law through judicial interpretation, and also enable it to broadly absorb information or knowledge in the course of Chinese-style judicial interpretation, especially abstract interpretation. However, the ＂democratization＂ trend gives also the impression that the SPC hews so close to public opinion that it will find itself in a quandary if it becomes necessary for it to make an independent and wise judgment. The SPC must find an appropriate balance between following behind and standing aloof from public opinion. Therefore, we should not take any further steps in ＂democratization.＂ An acceptable strategy for the present would be for the SPC to retain abstract interpretation in a limited sphere while working on reforming the content, form and system of concrete interpretation and extending its scope of application, letting the two models of judicial interpretation coexist and compete for future development and choices.
