As an important rectifying mechanism to the involved parties-oriented civil litigation model,the mandatory attorney system requires the involved parties of a lawsuit to appoint a lawyer to represent them in the litiga...As an important rectifying mechanism to the involved parties-oriented civil litigation model,the mandatory attorney system requires the involved parties of a lawsuit to appoint a lawyer to represent them in the litigation,otherwise they will be rejected because the litigation requirements aren’t met.This seems to restrict the litigants’right to initiate a lawsuit by themselves.Through the arrangement of the system for the participation of lawyers in some litigation procedures,stages,and cases,coupled with the legal principle of litigation costs,the litigation costs sharing mechanism,legal aid,and other related supporting systems,it is not only a substantive guarantee for the litigants’right of action,but also can even strengthen the protection of the litigants’right of action in civil litigation.Based on the need to effectively protect and strengthen the litigants’right of action,combined with its civil litigation system and judicial operation environment,China should adopt a phased and gradual strategy to introduce and implement the mandatory attorney system in civil litigation while constantly improving its lawyer system,litigation costs system,legal aid system,and other related supporting systems.展开更多
Lawyers play no small a role in improving China’s legal system, which comes along with the country’s endeavor to build a market-oriented economy and open to the outside world. Legal services provided by lawyers have...Lawyers play no small a role in improving China’s legal system, which comes along with the country’s endeavor to build a market-oriented economy and open to the outside world. Legal services provided by lawyers have virtually become available to all sectors of society since the country adopted the policy of reform and opening up in the late 1970s.展开更多
Abortion is the knowing destruction of the life of an unborn child in the womb other than for the principal purpose of producing a life birth or removal of a dead tissue. The Nigeria law stipulates that abortion is al...Abortion is the knowing destruction of the life of an unborn child in the womb other than for the principal purpose of producing a life birth or removal of a dead tissue. The Nigeria law stipulates that abortion is allowed only where there is risk to the life of the woman and or to her physical or mental health. This study is aimed at determining the perception of abortion and the relevant laws by lawyers in Anambra State, Nigeria. It is a descriptive cross sectional study carried out between May-June 2010 using pre-tested self administered questionnaires to collect data from consenting 200 lawyers in the 3 major towns of Anambra State. All the respondents knew about abortion, recognized health hazards associated with it and mentioned infertility as the major complication of abortion (53%) followed by death (52.5%) and bleeding (42.5%). About 80% of respondents said abortion should be allowed in cases of danger to woman’s life, rape or incest. Eighty-five percent of the lawyers were aware of the existing abortion law in Nigeria and 76.5% of this knew abortion was legal only to save the life of the woman. Only 26% were in support of legalization of abortion. The Lawyers recommended health education and family planning, among others as means of preventing abortion and its complications. Stigma associated with abortion should be removed to improve free reporting of abortion cases for legal actions. Further research should involve other stakeholders on abortion to make for a holistic approach to the problem.展开更多
A certain lawyer lived in a city in the north of India.One dayhe had his photograph taken.In the photograph he appeared wear-ing English clothes,coat,waistcoat,trousers,boots,collar and tie.And over them was his lawye...A certain lawyer lived in a city in the north of India.One dayhe had his photograph taken.In the photograph he appeared wear-ing English clothes,coat,waistcoat,trousers,boots,collar and tie.And over them was his lawyer’s gown.And his two hands were展开更多
More than 70 law experts, lawyers and prosecutors attended a symposium held in Beijing of late on the role lawyers should play in pre-trial procedures. The symposium was sponsored jointly by the State Institute for Pr...More than 70 law experts, lawyers and prosecutors attended a symposium held in Beijing of late on the role lawyers should play in pre-trial procedures. The symposium was sponsored jointly by the State Institute for Prosecutors, the Center for Research of Procedural Laws under the China Political Science and Law University and the Criminal Defense Committee of the All-China Lawyers＇ Association. This report highlights the debate that took place during the symposium.展开更多
One day in March 2000, a young man came to the Qiankun Lawyer’s Office, asking for help in a labor dispute. He is Tong Li, 25. He signed a "life-long" labor contract with the Beijing Fenghua Engineering Co....One day in March 2000, a young man came to the Qiankun Lawyer’s Office, asking for help in a labor dispute. He is Tong Li, 25. He signed a "life-long" labor contract with the Beijing Fenghua Engineering Co. Ltd. in June 1999. On January 5 of the following year, however, he demanded termination of the contract on account that he was far from home and he had to take care of his ailing mother. But he was refused. Later on, the workers’ congress of the company issued the rules on the management of labor contract and its detailed implementation rules.展开更多
I. Getting help from lawyers and its realization according to international standards The right to defense for a person involving in a law suit is a universal human right. Article 11 of the Universal Declaration of H...I. Getting help from lawyers and its realization according to international standards The right to defense for a person involving in a law suit is a universal human right. Article 11 of the Universal Declaration of Human Rights provides： ＂Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.＂ This means （1） the right to defence is a basic human right due to all persons charged with a penal offence; （2） it is a basic requirement for the principle of presumption of innocence and fair trial; and （3） the realization of the fight needs practical and effective guarantees.展开更多
文摘As an important rectifying mechanism to the involved parties-oriented civil litigation model,the mandatory attorney system requires the involved parties of a lawsuit to appoint a lawyer to represent them in the litigation,otherwise they will be rejected because the litigation requirements aren’t met.This seems to restrict the litigants’right to initiate a lawsuit by themselves.Through the arrangement of the system for the participation of lawyers in some litigation procedures,stages,and cases,coupled with the legal principle of litigation costs,the litigation costs sharing mechanism,legal aid,and other related supporting systems,it is not only a substantive guarantee for the litigants’right of action,but also can even strengthen the protection of the litigants’right of action in civil litigation.Based on the need to effectively protect and strengthen the litigants’right of action,combined with its civil litigation system and judicial operation environment,China should adopt a phased and gradual strategy to introduce and implement the mandatory attorney system in civil litigation while constantly improving its lawyer system,litigation costs system,legal aid system,and other related supporting systems.
文摘Lawyers play no small a role in improving China’s legal system, which comes along with the country’s endeavor to build a market-oriented economy and open to the outside world. Legal services provided by lawyers have virtually become available to all sectors of society since the country adopted the policy of reform and opening up in the late 1970s.
文摘Abortion is the knowing destruction of the life of an unborn child in the womb other than for the principal purpose of producing a life birth or removal of a dead tissue. The Nigeria law stipulates that abortion is allowed only where there is risk to the life of the woman and or to her physical or mental health. This study is aimed at determining the perception of abortion and the relevant laws by lawyers in Anambra State, Nigeria. It is a descriptive cross sectional study carried out between May-June 2010 using pre-tested self administered questionnaires to collect data from consenting 200 lawyers in the 3 major towns of Anambra State. All the respondents knew about abortion, recognized health hazards associated with it and mentioned infertility as the major complication of abortion (53%) followed by death (52.5%) and bleeding (42.5%). About 80% of respondents said abortion should be allowed in cases of danger to woman’s life, rape or incest. Eighty-five percent of the lawyers were aware of the existing abortion law in Nigeria and 76.5% of this knew abortion was legal only to save the life of the woman. Only 26% were in support of legalization of abortion. The Lawyers recommended health education and family planning, among others as means of preventing abortion and its complications. Stigma associated with abortion should be removed to improve free reporting of abortion cases for legal actions. Further research should involve other stakeholders on abortion to make for a holistic approach to the problem.
文摘A certain lawyer lived in a city in the north of India.One dayhe had his photograph taken.In the photograph he appeared wear-ing English clothes,coat,waistcoat,trousers,boots,collar and tie.And over them was his lawyer’s gown.And his two hands were
文摘More than 70 law experts, lawyers and prosecutors attended a symposium held in Beijing of late on the role lawyers should play in pre-trial procedures. The symposium was sponsored jointly by the State Institute for Prosecutors, the Center for Research of Procedural Laws under the China Political Science and Law University and the Criminal Defense Committee of the All-China Lawyers＇ Association. This report highlights the debate that took place during the symposium.
文摘One day in March 2000, a young man came to the Qiankun Lawyer’s Office, asking for help in a labor dispute. He is Tong Li, 25. He signed a "life-long" labor contract with the Beijing Fenghua Engineering Co. Ltd. in June 1999. On January 5 of the following year, however, he demanded termination of the contract on account that he was far from home and he had to take care of his ailing mother. But he was refused. Later on, the workers’ congress of the company issued the rules on the management of labor contract and its detailed implementation rules.
文摘I. Getting help from lawyers and its realization according to international standards The right to defense for a person involving in a law suit is a universal human right. Article 11 of the Universal Declaration of Human Rights provides： ＂Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.＂ This means （1） the right to defence is a basic human right due to all persons charged with a penal offence; （2） it is a basic requirement for the principle of presumption of innocence and fair trial; and （3） the realization of the fight needs practical and effective guarantees.
