Reflections on,and Improvements of,the Mediation Functions of People's Assessors

Legislatively,the people’s assessors are defined as individuals who share judicial power.However,in the context of dispute resolutions,their role is restricted by the courts,which affects the extent of their assessorial activities.It is imperative to reconsider the implications of the people’s assessors’deep involvement in mediation from the standpoint of societal division of labor.To enhance this division of labor,it is advisable that the people’s assessors relinquish their mediation roles.It is necessary to redefine the distinctions between people’s assessors,judges,and people’s mediators,including specially invited mediators.This would not only make up the deficiencies in the role of professional judges but also relieve the tension between judicial professionalism and popular accountability.

The Participation of Social Organizations and the Reform of the People's Assessor System

In the process of transition from the rural China to modern society,the people's assessor system mainly reflects the citizens' individual participation.However,organized judicial participation has not been paid enough attention in either institutional design or in the actual operation.Judicial participation of social organizations has important significance not only in highlighting the value of people's assessor system,but also in getting out of the "presenting without substantive hearing"predicament in practice.Therefore,the people's court shall guide the orderly participation of social organizations in justice,and make social organizations play a more important role in people's assessor system.

People's Assessor Systems Pivotal to Protection of Human Rights

Back in August 2004, the Standing Committee of the National People＇s Congress, the highest legislature of China, published the Decision on Improving the People＇s Assessor System （hereinafter referred to as the Decision）. Since it became effective on May 1, 2005, the Decision has proved important to ensuring the right of citizens to participate in activities of adjudication in accordance with the law. It has helped expand judicial democracy and safeguard the legitimate rights and interests of the litigant parties.

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.

Seven-Decade Structural Transformation of China’s Industrial Economy

Over the past seven decades since the founding of the People's Republic of China in 1949,China's industrial structure has experienced transformations in various stages,which is consistent with the general pattern of industrialization and China's domestic and international situations.These changes also have to do with China's reforms in building the socialist market economic system.China's seven-decade industrial structural transformation offers valuable experiences:In promoting its industrial development,China has persistently carried out economic reforms,kept pace with changing factor and demand structures,invested in technology importation and innovation,leveraged global resources and markets,and formulated development policies in line with specific industrial development stages.Despite industrial structural problems,China has set the stage for innovation-driven development,further opening up,and balanced regional development.China's industrial structure will keep evolving amid its transition toward a competitive industrial nation.

Institutional Correction of Mediation under the View of Transformation:Taking the People’s Mediation as an Example

Under the dual driven forces of soaring disputes and national policy,the dispute resolution ecosystem of China showed the mediation centralism,and the revival of mediation presented the characteristics of adversary system.In order to comply with the modern rule of law system,the traditional mediation is incorporated into the modern legal system through the three-level transformation of"discipline of laws","introduction of procedures"and"specialized cultivation",which was promoted by the popularity of social governance,the input of the idea of diversified solutions and the pragmatic impetus under the pressure of social transformation.The mediation movement has the characteristics of both consciousness of pragmatism and the initial legalization,but will also face the mediation disorder.The remodeling of mediation must be rooted in systematization and modernization.Its development trend includes expansion of fields,symbiosis of autonomy and specialization,and mandatory introduction.

Address at the Opening Session of the 5th China-Africa People’s Forum

Your Excellency Vincent Meriton,President of the People's Party of Seychelles and Vice President of Seychelles, Your Excellency Clement Mouamba ,Prime Minister of the Republic of the Congo, Ladies and Gentlemen, Dear friends,I feel greatly delighted to have you with us here in Chengdu,the city of Hibiscus,at the 5th China-Africa People's Forum.The forum is especially honoured with the message of congratulations from President Xi Jinping.This adequately reflects the importance the Communist Party of China and the Chinese goyemment have placed on the people-to-people exchanges and cooperation between China and Africa,and points out the way to follow in the proceedings of the Forum.

2019 Work Plan of Standardization in China

This year is the 70th anniversary of founding the People's Republic of China, and a pivotal year of building a moderately prosperous society in all respects.

Discussion on the Logical Coordination between Legal Theory and Legal Practice——from the Perspective of the Legal Basis of NPC5s Discussion and Decisiomaking Power on Major Issues

The decision of local people's congresses to discuss major issues is a basic right granted to local people's congresses by the Chinese Constitution and laws.However,in practice,the implementation of the power of deliberation of major issues by local people's congresses is worrying.By applying the theory of Chinese traditionalism and unity in the theory of law,the theory of"sovereignty in the people"in the social contract theory of Western natural law school,Austin's"legal command theory55 in Western positivist law and Hart's"recognition""Rules theory"to argue that the integrity of rights necessarily involves the dual factors of decision-making and execution.At the same time,the existence and operation of the law always reflects the development of the political system.The realistic political situation requires us to make more precise and meticulous refinement of the external form and specific technical links of the legal system,and to coordinate the rules to make up the legal theory and Conflicts and conflicts in legal practice help to reform social institutions.

Testative Discussion on how to be an Eligible Interpreter--Based on the People’s Republic of China of the National People’s Congress and Committee of the People’s Political Consultative Conference from 2012 to 2014

In recent years,with the rapid development of the Chinese economy,the“two sessions”in March of every year which sponsored by the ministry of foreign affairs attract more and more journalists from all over the world.The press conference in the“two sessions”likes an important window to show China’s policies and claims to the world.Meanwhile,the premier who answers questions in the press conference,respectively,shows the world the eloquence and polite manners of China’s premier,such as Premier Wen Jiabao and Premier Li Keqiang.Their astute response,excellent,and emotional expression makes a deep impression on audiences.Moreover,as a bridge between the speaker and the listeners,the interpretation once is incorrect will cause some mistakes even conflicts.Therefore,the interpreter plays a most important role in the press conference.How to improve the interpretation level in the press conference is a significant topic.The thesis mainly introduces the content of press conference interpreting from 2012 to 2014.At present,the practical study of press conference interpretation is far from enough.The last part gives the summary of the study and points out the main findings for the further study.

The People’s Republic of China 2018 Observer Review Report to the Arctic Council

I. China’s contributions to the work of the Arctic Council’s Working Groups, Task Forces, and/or Expert Groups China is geographically a “Near-Arctic State”, one of the continental states that are closest to the Arctic Circle. The natural conditions of the Arctic and their changes have a direct impact on China’s climate system and ecological environment. Having long been involved in Arctic affairs, China is an active participant, builder and contributor in Arctic affairs.

From Achilles to Childe Harold:the Transience of the Fate Outlook

Fate is always an eternal subject that many scholars, artists, critics and writers utilizing this vast and specific subject in their compositions. Therefore, in this text, people's views of fate will be analyzed from two typical characters:Achilles and Childe Harold, who are heroes in their times. Through their life tracks, this text will explore the ideal model of one's destiny in the specif-ic era, and from the economic development, social condition and cultural background, the reason or cause of these views will be traced and offer some enlightenment for what people should compose today.

The Study of the Image "Ark" in America

The images of "boat" and "ark" are often used as metaphors by all walks of life ranging from statesmen to the film makers in America.There are also many boats or arks in American society.From the Noah Ark in old times to the ark in the film 2012,they all play an important role,because they reflect the different trends of values,faith and ideology in different periods of America.Based on the three following texts:Old Testaments,Lifeboat Ethnic and 2012:Doomsday,it will reveal the values of materialism and pragmatism which are shown in contemporary American.

Cultural Infiltration of Foreign Literary Works in Senior High School Chinese Textbooks

Foreign literary works are an important part of Chinese textbooks in high schools.However,the exam-oriented education results in a marginalized and unsatisfactory teaching of foreign literary works.Based on the high school Chinese textbook by PEP(People's Education Press),teaching practices,and requirements of the new curriculum standards,this article analyzes the foreign literary works in the textbook,explores its value and the infiltration of cultural spirit in teaching,discusses the problems in teaching,as well as provides suggestions to them in hope to gain attention in the teaching of foreign literary works,broaden students' horizons,and cultivate their humanistic spirit.

TEACHER'S ROLES IN AN ENGLISH CLASS OF PRIMARY SCHOOL

English is part of school curriculumn in primary school.How can children be successful in English learning? The teacher may plays an important role in the process of teaching and learning.For a teacher,to know how to teach,especially to know what roles does the teacher play in an English calss is very important.This paper presents the teacher as an cotroller,an assessor,an organizer,a participant and a resource in an English classof primary school.

企业船员评估员在航海类人才培养中作用现状与对策研究

航运企业船员评估员不仅是海事院校实践教学的评价者,也是学生职业发展的引导者。针对目前航运企业船员评估员参与评估工作积极性不高的现状进行分析,给航海管理机构、航运企业、海事院校提出建议,以期提高相关部门及人员的参与度,同时强调校企双方以航运企业船员评估员为纽带,深化校企合作,为培养高素质航海类人才做出贡献。

深化以审判为中心的刑事诉讼制度改革——以《刑事诉讼法》再修改为中心

以审判为中心的刑事诉讼制度改革是党中央部署的推动刑事司法现代化的重大举措。改革实施以来,在诉讼理念、司法制度和庭审程序等方面取得了一定成效。但在2018年《刑事诉讼法》修改后,推进维度单一、制度集成不足、立法未能充分吸收等改革困境集中凸显。《刑事诉讼法》再修改是突破困境、深化改革的重要契机,应巩固改革成果,引领深化改革。本次修法可考虑通过总则确立原则、分则重设体例和公诉增添章节实现审判程序中心化;通过一审体例调整、配套制度调整、二审功能调整推动一审程序重心化;通过改革人民陪审员制度、优化庭前会议制度和规范庭审审理程序落实庭审程序实质化。

专业陪审员制度探要

2023年7月27日,最高人民法院发布了《关于具有专门知识的人民陪审员参加环境资源案件审理的若干规定》,这标志着经历多年实践探索以后,专业陪审员制度终于在我国正式落地。然而,当初最高人民法院在人民陪审员制度改革试点情况报告中对专业陪审员制度暂不规定的表态言犹在耳,而且客观条件并没有发生显著改变,此时出台这项司法解释委实过于操切:专业陪审员制度不仅于法无据,上位法并不支持将人民陪审员分为普通和专业的做法;而且于情不合,凸显了陪审员人民性与精英性的内在冲突;更加于理相悖,在必要性与合理性两个层面均有所欠缺。因此,目前宜严控专业陪审员制度的适用,待《人民陪审员法》修改以后再定夺其存废去留问题。

常用的“静态”和动态感官描述方法综述

食品的感官特性已成为衡量食品品质的重要组成部分,感官特性的描述分析对于评价食品感官特性具有重要意义。目前常用的“静态”感官描述方法包括主要基于专家组的定量描述分析法和适用于专家或消费者的选择所有适合项法、所有适合项量化法等,以给产品总体感官特性进行画像。但由于饮食过程中食品的感官特性会随时间发生变化,以致“静态”感官描述方法不能完整准确地体现产品感官特性及细腻变化。因此,与时间结合的动态感官描述方法,如实时选择所有适合项法、时间强度法和实时感官主导法等能更准确完整地描述产品的感官特性,引起了人们的极大关注。本文对常见的几种“静态”和动态感官描述方法及其应用进行介绍,以期为国内产品感官特性的研究提供方法指导。

认罪认罚案件审判活动中人民陪审员制度适用的挑战及其应对

人民陪审员制度与认罪认罚从宽制度之间客观上存在张力关系。在认罪认罚案件审判活动中,人民陪审员制度适用的挑战体现在:人民陪审员参与空间愈加有限、事实审与法律审区分难度增大、人民陪审员审判能力被削弱等等。产生上述挑战的原因包括两种制度改革预期目标有别、陪审规则设计存在内生不足、合作性司法理念强化法律职业联系、考核任务增加工作负担等方面。顺应我国刑事司法发展趋向,宜从以下四个方面完善人民陪审员参与认罪认罚案件审判活动之主要方案:第一,坚持审判中心主义以统筹推进认罪认罚从宽制度与人民陪审员制度的改革进程;第二,调整人民陪审员参与认罪认罚案件的审判规则;第三,以优化检法职权关系为依托规范认罪认罚从宽程序;第四,健全考核机制以提高认罪认罚案件审判质量。由此,进一步提升我国刑事案件繁简分流进程中审判方式改革质效。