When the relationship between the government and the citizens is taken into consideration, at the times when the government is misusing its power, the citizens may express themselves about the injustice in various way...When the relationship between the government and the citizens is taken into consideration, at the times when the government is misusing its power, the citizens may express themselves about the injustice in various ways and civil disobedience is one of them. If the injustice still exists after all the judicial proceedings are taken, then, this act that has nonviolence as its fundamental philosophy is seen to take place. The most important representatives of civil disobedience in the world are Socrates, Henry David Thoreau, M. Luther King and Mahatma Gandhi. These thinkers with their discourses and actions put forth what constitutes as civil disobedience and set an example to other societies. In this study, firstly, the aforementioned notion of civil disobedience is explained. Then, some demonstrations that took place in Turkey are evaluated in the framework of civil disobedience. The aim is to determine whether or not these demonstrations can be considered as examples of ＂civil disobedience＂. Also, the reasons why some of these demonstrations are not in the scope of civil disobedience are discussed. In this study, depiction and historical methods are used.展开更多
The development of China’s international civil procedure should correspond to the development of the country’s reform and opening to the outside world.As a large economic country,China needs to draw on international...The development of China’s international civil procedure should correspond to the development of the country’s reform and opening to the outside world.As a large economic country,China needs to draw on international civil procedures to guarantee its worldwide interests;and as a large country with the rule of law,it needs to improve the level of its judicial services and enhance the market attraction of its judicial system in global dispute resolution.Given that a country’s judicial system is an important element in measuring its comprehensive competitiveness,the global competitiveness of our international civil procedure is one of the goals to be pursued in the reform of Chinese judicial system.In order to raise the level of Chinese international civil procedure,China should emphasize the idea of the judicial system of a large country and prioritize its competitiveness,service orientation and cooperative approach to dispute resolution.In addition,it should focus on the following reforms:firstly,establishing a specialized system of international civil jurisdiction,with an increase in matters for competitive jurisdiction;secondly,enhancing China’s specialist services capacity in international civil actions,highlighting the expedient protection given to the rights of the parties concerned and stressing the professional development of judicial bodies in the commercial field;and thirdly,strengthening international judicial cooperation and facilitating the global movement of Chinese judgments.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
文摘When the relationship between the government and the citizens is taken into consideration, at the times when the government is misusing its power, the citizens may express themselves about the injustice in various ways and civil disobedience is one of them. If the injustice still exists after all the judicial proceedings are taken, then, this act that has nonviolence as its fundamental philosophy is seen to take place. The most important representatives of civil disobedience in the world are Socrates, Henry David Thoreau, M. Luther King and Mahatma Gandhi. These thinkers with their discourses and actions put forth what constitutes as civil disobedience and set an example to other societies. In this study, firstly, the aforementioned notion of civil disobedience is explained. Then, some demonstrations that took place in Turkey are evaluated in the framework of civil disobedience. The aim is to determine whether or not these demonstrations can be considered as examples of ＂civil disobedience＂. Also, the reasons why some of these demonstrations are not in the scope of civil disobedience are discussed. In this study, depiction and historical methods are used.
基金one of the interim results of “Research on the ‘Belt and Road Initiative’ and Legal Cooperation,” supported by the MOE Major Project of the Key Research Institute of Humanities and Social Sciences at Universities(No.:16JJD820009)
文摘The development of China’s international civil procedure should correspond to the development of the country’s reform and opening to the outside world.As a large economic country,China needs to draw on international civil procedures to guarantee its worldwide interests;and as a large country with the rule of law,it needs to improve the level of its judicial services and enhance the market attraction of its judicial system in global dispute resolution.Given that a country’s judicial system is an important element in measuring its comprehensive competitiveness,the global competitiveness of our international civil procedure is one of the goals to be pursued in the reform of Chinese judicial system.In order to raise the level of Chinese international civil procedure,China should emphasize the idea of the judicial system of a large country and prioritize its competitiveness,service orientation and cooperative approach to dispute resolution.In addition,it should focus on the following reforms:firstly,establishing a specialized system of international civil jurisdiction,with an increase in matters for competitive jurisdiction;secondly,enhancing China’s specialist services capacity in international civil actions,highlighting the expedient protection given to the rights of the parties concerned and stressing the professional development of judicial bodies in the commercial field;and thirdly,strengthening international judicial cooperation and facilitating the global movement of Chinese judgments.
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.
