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From Power to Rights: Interpreting Inscribing “To Respect and Protect Human Rights” in the Amended Criminal Procedure Law
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作者 Liu Bo is a researcher with the Beijing Academy of Social Sciences. You Guozhen, Ph.D., is also with the Beijing Academy of Social Sciences. 《The Journal of Human Rights》 2012年第5期8-11,共4页
Human rights are one of the widely acknowledged value systems in the international ,community. The core of human rights lies in the life and dignity of human beings. On the one hand, criminal procedure law is related ... Human rights are one of the widely acknowledged value systems in the international ,community. The core of human rights lies in the life and dignity of human beings. On the one hand, criminal procedure law is related to life and freedom, which is the concern of everybody. On the other hand, it involves direct dialogue between national power and citizens' fights. 展开更多
关键词 in the Amended criminal Procedure law Interpreting Inscribing To Respect and Protect Human Rights From Power to Rights
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A Brief Review of the Second Revision of China's Criminal Procedure Law
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作者 刘玫 《Social Sciences in China》 2012年第4期133-148,共16页
Since the enactment of China's Criminal Procedure Law in 1979, China's criminal procedure system has undergone a process of refinement and elaboration. A relatively complete framework for the criminal procedure syst... Since the enactment of China's Criminal Procedure Law in 1979, China's criminal procedure system has undergone a process of refinement and elaboration. A relatively complete framework for the criminal procedure system has been constructed that fits in well with contemporary international thinking on criminal procedure. The Decision on Amending the Criminal Procedure Law of the People's Republic of China passed by the National People's Congress on March 14, 2012 highlights China's strenuous efforts in protecting human rights and promoting the modernization of the legal system. It also demonstrates the consolidation and absorption of the achievements of China's continuing reforms. A review of the main content of the Amendment to Criminal Procedure Law is highly significant for the further improvement of the system. 展开更多
关键词 amendment to China's criminal Procedure law framework system criminal procedure system criminal procedure
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A CRITIQUE OF THE CRIME OF DELIBERATELY RENDERING AN ARBITRAL AWARD IN VIOLATION OF LAW
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作者 SONG Lianbin YANG Xiaoqiang 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2016年第4期718-734,共17页
The crime of deliberately rendering an arbitral award in violation of law was provided at the end of Article 20 of the Amendment VI to the Criminal Law of the People's Republic of China. Such a crime is likely to be ... The crime of deliberately rendering an arbitral award in violation of law was provided at the end of Article 20 of the Amendment VI to the Criminal Law of the People's Republic of China. Such a crime is likely to be misunderstood because views are sharply divided on its implication and scope of application. In addition, pertinent provisions are not manipulable. The wording of violation of law should not be included in articles of the law, as legalese. The charge is the product of redundant legislation, whose provisions are bound to be considered as pieces of blank paper. The creation of the crime disrespects arbitration, and removes the peculiarities of it. The charge of the crime undermines the profession of international arbitration. Therefore, the crime should be repealed. Where cases were arbitrated wrongly, and social harms were caused, criminal law and other laws would serve as remedies. 展开更多
关键词 crime of deliberately rendering an arbitral award in violation of law arbitrators'liability arbitration view criminal law amendment
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The Chinese Model of the Legal Regulation of Technical Investigation
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作者 雷小政 《Social Sciences in China》 2012年第4期179-191,共13页
Technical investigation is a special means of investigation among criminal procedures. It has the highest risk parameter. Its legislative model as well as its operation in practice is closely related to the developmen... Technical investigation is a special means of investigation among criminal procedures. It has the highest risk parameter. Its legislative model as well as its operation in practice is closely related to the development of science and technology, the public security situation, the state of criminal offences, human rights protection, and related issues. If technical investigation is to strike a balance between crime control and human rights protection in the course of realizing the objectives of criminal procedure, we need to regulate its applicable principles, decision-making mechanisms, implementation mechanisms and remedies in accordance with law. 展开更多
关键词 amendments to criminal Procedure law technical investigation judicial oscillation Chinese model
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