The paper aims to compare the levels ofa'ust Caucasians, African Americans, Hispanics, and other minority groups have in state courts. The paper presents four hypothesize which contend that African Americans, Hispani...The paper aims to compare the levels ofa'ust Caucasians, African Americans, Hispanics, and other minority groups have in state courts. The paper presents four hypothesize which contend that African Americans, Hispanics, and other minority groups have lower levels of trust in state courts in comparison to Caucasians. Using data from a 2001 Justice at Stake Public Survey, a multivariate regression analysis was performed to assess the validity of each hypothesis. The variable for Race/Ethnicity was used as a baseline allowing for the comparison of levels of trust among each racial/ethnic group. The findings indicate that African Americans have a lower level of trust in state courts in comparison to their Caucasian and other minority counterparts and vice versa. Surprisingly, Hispanics were found to have no more or less trust in state courts when compared to Caucasians, African Americans, and other minority groups. Further research regarding trust in state courts should be carried out in both African American and Hispanic communities. Lastly, it is noteworthy to mention that the data set contained some limitations, such as its age and the exclusion of"Asian" in the racial/ethnic categories.展开更多
This study accentuates the differences in the ways in which Ottoman women, Muslim and non-Muslim, used the Islamic courts. In some regions Ottoman women went to the courts on their own while in others they relied on m...This study accentuates the differences in the ways in which Ottoman women, Muslim and non-Muslim, used the Islamic courts. In some regions Ottoman women went to the courts on their own while in others they relied on male representatives to enter into transactions or litigate on their behalf. Studies treating Islamic court records as uniform in shape and content have offered conflicting conclusions about the status of women in Ottoman society. This study demonstrates that a number of geographic and temporal variations affected women's access the courts, significantly affecting their legal status in the period of 1550-1650.展开更多
In regard to the people’s court’s infringement upon the litigation right of defendants,there are two relief means in our country:procuratorial supervision and appeal,neither of which can realize the goal of relief.T...In regard to the people’s court’s infringement upon the litigation right of defendants,there are two relief means in our country:procuratorial supervision and appeal,neither of which can realize the goal of relief.The conflict between interrogation and defense has to do with the lack of relief mechanism.To solve the problem concerning relief to the defendant whose litigation right is infringed upon the court,independent procedural appeal mechanism must be established,the relationship between it and factual appeal must be properly dealt with.The procedure for procedural appeal should be made in accordance with the characteristics of procedural appeal.展开更多
Blockchain,artificial intelligence,and other technologies have been increasingly integrated with the law,and the construction of smart justice and Internet courts in various places has a prominent effect on court info...Blockchain,artificial intelligence,and other technologies have been increasingly integrated with the law,and the construction of smart justice and Internet courts in various places has a prominent effect on court informatization.The Supreme People’s Court is currently carrying out the pilot reform of separation between complicated and simple cases in civil procedure,and legal technology will inevitably become a major means to enable the reform.In the field of electronic litigation,legal technology itself has become a goal of the reform.Regarding the trials of pilot basic courts,legal technology has been more deeply applied in many links such as trial activities and trial management,playing an essential role in improving judicial efficiency,and becoming an important way to solve judicial dilemmas such as“litigation explosion.”However,the history of modern society reminds us that we should be reasonably optimistic about the development of technology,especially in the field of justice.展开更多
China signed the United Nations Convention on the Rights of the Child in 1990, and the National People's Congress, China's highest legislature, ratified it in 1992. In 1991, the Law of the People's Republic of Chin...China signed the United Nations Convention on the Rights of the Child in 1990, and the National People's Congress, China's highest legislature, ratified it in 1992. In 1991, the Law of the People's Republic of China on Protection of Juveniles was promulgated, followed by publication of the law of the People's Republic of China on Prevention of Juvenile Delinquency. Acting in accordance with these and other laws, people's courts across the country have spared no effort to protect the minor citizens in the course of adjudication.展开更多
综合运用案例分析法、逻辑分析法和归纳法等方法,对国际足球培训补偿机制与其国际体育仲裁院(Court of Arbitration for Sport, CAS)判例进行研究,认为:国际足球培训补偿的合法性来源于欧盟法律基于足球行业的合法性目标所给予的一定限...综合运用案例分析法、逻辑分析法和归纳法等方法,对国际足球培训补偿机制与其国际体育仲裁院(Court of Arbitration for Sport, CAS)判例进行研究,认为:国际足球培训补偿的合法性来源于欧盟法律基于足球行业的合法性目标所给予的一定限度的权利让渡,其性质是职业足球对业余足球或草根足球的反哺机制,其补偿权是国际足球联合会为培训俱乐部在球员转会后获得补偿而创设的一种债权;在足球培训补偿争议的处理中,CAS通过审查培训补偿触发条件和例外情况来确认培训补偿是否到期,通过确认权利主体、补偿权的放弃来明确培训补偿权利,通过审查培训补偿义务主体、义务拒绝以及是否存在规则规避以明晰培训补偿义务,并形成了相应的裁判标准。研究启示:我国足球利益相关者应按照诚信原则履行其权利和义务;足球监管机构应依据公平原则建立健全足球行业实施保障机制;体育仲裁机构应依据公平原则建立足球培训补偿争议的审查和裁判标准,从而充分保障足球培训补偿实施的公正有效。展开更多
文摘The paper aims to compare the levels ofa'ust Caucasians, African Americans, Hispanics, and other minority groups have in state courts. The paper presents four hypothesize which contend that African Americans, Hispanics, and other minority groups have lower levels of trust in state courts in comparison to Caucasians. Using data from a 2001 Justice at Stake Public Survey, a multivariate regression analysis was performed to assess the validity of each hypothesis. The variable for Race/Ethnicity was used as a baseline allowing for the comparison of levels of trust among each racial/ethnic group. The findings indicate that African Americans have a lower level of trust in state courts in comparison to their Caucasian and other minority counterparts and vice versa. Surprisingly, Hispanics were found to have no more or less trust in state courts when compared to Caucasians, African Americans, and other minority groups. Further research regarding trust in state courts should be carried out in both African American and Hispanic communities. Lastly, it is noteworthy to mention that the data set contained some limitations, such as its age and the exclusion of"Asian" in the racial/ethnic categories.
文摘This study accentuates the differences in the ways in which Ottoman women, Muslim and non-Muslim, used the Islamic courts. In some regions Ottoman women went to the courts on their own while in others they relied on male representatives to enter into transactions or litigate on their behalf. Studies treating Islamic court records as uniform in shape and content have offered conflicting conclusions about the status of women in Ottoman society. This study demonstrates that a number of geographic and temporal variations affected women's access the courts, significantly affecting their legal status in the period of 1550-1650.
文摘In regard to the people’s court’s infringement upon the litigation right of defendants,there are two relief means in our country:procuratorial supervision and appeal,neither of which can realize the goal of relief.The conflict between interrogation and defense has to do with the lack of relief mechanism.To solve the problem concerning relief to the defendant whose litigation right is infringed upon the court,independent procedural appeal mechanism must be established,the relationship between it and factual appeal must be properly dealt with.The procedure for procedural appeal should be made in accordance with the characteristics of procedural appeal.
文摘Blockchain,artificial intelligence,and other technologies have been increasingly integrated with the law,and the construction of smart justice and Internet courts in various places has a prominent effect on court informatization.The Supreme People’s Court is currently carrying out the pilot reform of separation between complicated and simple cases in civil procedure,and legal technology will inevitably become a major means to enable the reform.In the field of electronic litigation,legal technology itself has become a goal of the reform.Regarding the trials of pilot basic courts,legal technology has been more deeply applied in many links such as trial activities and trial management,playing an essential role in improving judicial efficiency,and becoming an important way to solve judicial dilemmas such as“litigation explosion.”However,the history of modern society reminds us that we should be reasonably optimistic about the development of technology,especially in the field of justice.
文摘China signed the United Nations Convention on the Rights of the Child in 1990, and the National People's Congress, China's highest legislature, ratified it in 1992. In 1991, the Law of the People's Republic of China on Protection of Juveniles was promulgated, followed by publication of the law of the People's Republic of China on Prevention of Juvenile Delinquency. Acting in accordance with these and other laws, people's courts across the country have spared no effort to protect the minor citizens in the course of adjudication.
文摘综合运用案例分析法、逻辑分析法和归纳法等方法,对国际足球培训补偿机制与其国际体育仲裁院(Court of Arbitration for Sport, CAS)判例进行研究,认为:国际足球培训补偿的合法性来源于欧盟法律基于足球行业的合法性目标所给予的一定限度的权利让渡,其性质是职业足球对业余足球或草根足球的反哺机制,其补偿权是国际足球联合会为培训俱乐部在球员转会后获得补偿而创设的一种债权;在足球培训补偿争议的处理中,CAS通过审查培训补偿触发条件和例外情况来确认培训补偿是否到期,通过确认权利主体、补偿权的放弃来明确培训补偿权利,通过审查培训补偿义务主体、义务拒绝以及是否存在规则规避以明晰培训补偿义务,并形成了相应的裁判标准。研究启示:我国足球利益相关者应按照诚信原则履行其权利和义务;足球监管机构应依据公平原则建立健全足球行业实施保障机制;体育仲裁机构应依据公平原则建立足球培训补偿争议的审查和裁判标准,从而充分保障足球培训补偿实施的公正有效。