Question: As you know. attention is now growing in China and outside to judicial protection of human rights. As President of the Supreme People’s Court and China’s top judge, would you make some comments on protecti...Question: As you know. attention is now growing in China and outside to judicial protection of human rights. As President of the Supreme People’s Court and China’s top judge, would you make some comments on protection of human rights under China’s juridical system?展开更多
Since the Chinese Constitution does not stipulate the status of international treaties in the domestic legal system,the question of whether the domestic court can apply international human rights treaties keeps obscur...Since the Chinese Constitution does not stipulate the status of international treaties in the domestic legal system,the question of whether the domestic court can apply international human rights treaties keeps obscure all the time.China’s official statement and academic opinions generally believe that the domestic court couldn’t resort to the human rights treaties.In recent years,however,several cases have come out involving direct reference to human rights treaties by the court.The following factors contribute together to the direct reference:the inward-looking nature of international human rights treaties,specific requirements of human rights treaties,and the possible institutional room in Chinas’s current legal system.Take the view off ulfilling international human rights obligations,the practice of judicial application should be fully affirmed.Nevertheless,it should also be noted that relevant practice is still in its infancy,there are some problems such as inconsistent understanding and non-standard application.From the perspective of top-level design,it is necessary to provide a normative basis for the practice of the court,so as to make the international human rights treaties play their due role.展开更多
In China, different factors can influence the judicial decision-making process of the courts. However, in more than 30 years＇ development, the courts appear to rely on the rhetoric of judicial independence and the Co...In China, different factors can influence the judicial decision-making process of the courts. However, in more than 30 years＇ development, the courts appear to rely on the rhetoric of judicial independence and the Communist Party of China＇s endorsement of the importance of law to assert their own interests and institutional identity, and have employed various mechanisms to actively push the development of judicial independence in China.展开更多
The core of the specializ ation of environmental justice is to establish specializ ed environmental justice organs to handle environmental cases. The current environmental judicial mechanism does not reflect the parti...The core of the specializ ation of environmental justice is to establish specializ ed environmental justice organs to handle environmental cases. The current environmental judicial mechanism does not reflect the particularity of environmental case, which results in environmental cases being handled incorrectly and the development of social members' environmental rights by the handling environmental cases. The practical exploration of the specializ ation of environmental justice in C hina has its merits and drawbacks,and provides an abundance of experiences for the specializ ed reform of environmental justice. The specializ ed reform for environmental justice in C hina should borrow and study foreign and domestic experiences on the basis of its own practices,and complete the transformation from trial value orientation to organiz ational form of trial subjects and behavior rules.展开更多
文摘Question: As you know. attention is now growing in China and outside to judicial protection of human rights. As President of the Supreme People’s Court and China’s top judge, would you make some comments on protection of human rights under China’s juridical system?
基金a staged achievement of the National Social Science Foundation Projects Research on the Legal Status and Institutional Design of International Treaties in China’s Legal System(Project Number:14BFX186)
文摘Since the Chinese Constitution does not stipulate the status of international treaties in the domestic legal system,the question of whether the domestic court can apply international human rights treaties keeps obscure all the time.China’s official statement and academic opinions generally believe that the domestic court couldn’t resort to the human rights treaties.In recent years,however,several cases have come out involving direct reference to human rights treaties by the court.The following factors contribute together to the direct reference:the inward-looking nature of international human rights treaties,specific requirements of human rights treaties,and the possible institutional room in Chinas’s current legal system.Take the view off ulfilling international human rights obligations,the practice of judicial application should be fully affirmed.Nevertheless,it should also be noted that relevant practice is still in its infancy,there are some problems such as inconsistent understanding and non-standard application.From the perspective of top-level design,it is necessary to provide a normative basis for the practice of the court,so as to make the international human rights treaties play their due role.
文摘In China, different factors can influence the judicial decision-making process of the courts. However, in more than 30 years＇ development, the courts appear to rely on the rhetoric of judicial independence and the Communist Party of China＇s endorsement of the importance of law to assert their own interests and institutional identity, and have employed various mechanisms to actively push the development of judicial independence in China.
文摘The core of the specializ ation of environmental justice is to establish specializ ed environmental justice organs to handle environmental cases. The current environmental judicial mechanism does not reflect the particularity of environmental case, which results in environmental cases being handled incorrectly and the development of social members' environmental rights by the handling environmental cases. The practical exploration of the specializ ation of environmental justice in C hina has its merits and drawbacks,and provides an abundance of experiences for the specializ ed reform of environmental justice. The specializ ed reform for environmental justice in C hina should borrow and study foreign and domestic experiences on the basis of its own practices,and complete the transformation from trial value orientation to organiz ational form of trial subjects and behavior rules.
