Amendment VIII to the Criminal Law of the PRC, which went into effect on hMay 1, 2011, is not only in line with the basic spirit of the Universal Declaration of Human Rights and relevant international human rights t...Amendment VIII to the Criminal Law of the PRC, which went into effect on hMay 1, 2011, is not only in line with the basic spirit of the Universal Declaration of Human Rights and relevant international human rights treaties, but also is related to the priority area of the Program for The Development of Chinese Children （2011- 2020）. Thus, it helps to safeguard the rights of juveniles and strengthens criminal law protection of their rights and interests. In consideration of the weak position of juveniles and the criminal law means of protecting their rights and interests,展开更多
Chinese criminal law has been amended ten times, which includes a single line criminal law and nine amendments. By taking into account the provisions of the constitution, democracy, the essence of the rule of law and ...Chinese criminal law has been amended ten times, which includes a single line criminal law and nine amendments. By taking into account the provisions of the constitution, democracy, the essence of the rule of law and safeguarding the human rights, Chinese criminal law amendment activities have different degrees of violation of the constitution. Criminal law as a restriction of civil rights of the harsh laws, its final decision of correction should be held by the National People＇s Congress. At the same time, the time interval of the amendment of the criminal law is controlled within a reasonable range, unreasonable charges and actions whose main purpose is to explain that the criminal law are constantly decreased, and the criminal law that protects the rights to security is gradually created.展开更多
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
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
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
文摘Amendment VIII to the Criminal Law of the PRC, which went into effect on hMay 1, 2011, is not only in line with the basic spirit of the Universal Declaration of Human Rights and relevant international human rights treaties, but also is related to the priority area of the Program for The Development of Chinese Children （2011- 2020）. Thus, it helps to safeguard the rights of juveniles and strengthens criminal law protection of their rights and interests. In consideration of the weak position of juveniles and the criminal law means of protecting their rights and interests,
文摘Chinese criminal law has been amended ten times, which includes a single line criminal law and nine amendments. By taking into account the provisions of the constitution, democracy, the essence of the rule of law and safeguarding the human rights, Chinese criminal law amendment activities have different degrees of violation of the constitution. Criminal law as a restriction of civil rights of the harsh laws, its final decision of correction should be held by the National People＇s Congress. At the same time, the time interval of the amendment of the criminal law is controlled within a reasonable range, unreasonable charges and actions whose main purpose is to explain that the criminal law are constantly decreased, and the criminal law that protects the rights to security is gradually created.
文摘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.
文摘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.
基金The present article was finished while Professor SONG Lianbin was visiting Universite Paul Cezanne Aix-Marseille Ⅲ as a scholar. Thanks should be extended to MENG Guowei, CHEN Jinlin, YANG Juan, YANG Lin, HE Zhenxin, CUI Xianglong, WANG Baoshi, LIN Yifei, LU Shangqian, CHEN Xijia, LI Xinyu, etc. for their materials and suggestions. This work was supported by a grant from a major program of Humanity and Social Science Key Base of the Ministry of Education of China named Research into Legal Methodology of Civil and Commercial Judgments involving Foreign Elements （Grant No.08JJD820175）, as well as a grant from a major program of the National Social Science Foundation of China named Research into Puzzles and Paths of the Promotion of the Building of the Pilot Free Trade Zone under the Rule of Law （Grant No. 14ZDC016）.
文摘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.
