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.

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。

人民陪审员制度:何以成为“撬动”审判中心的“支点”

长期以来,在寻求审判中心改革落脚点的过程中,人民陪审员制度的功能一直未能得到凸显。而陪审员相较于职业法官的非专业性与兼职性特征,恰能成为催生直接言词原则、集中审理原则、阻断审前信息干扰这三大庭审实质化制度支撑的天然优势,使人民陪审员制度得以成为“撬动”审判中心的“支点”。虽然如此,也应当理性看待支点的定位,因其具有间接性与偶然性,只有以“二阶行进”的务实路径才能实现改革目标:第一阶改革需解决陪审员实质参审问题,以提升陪审员参审意愿为重点,对陪审员的选任、合议庭组成环节进行优化,重塑其参审案件的范围;第二阶改革需以实质庭审的塑造为导向,着力提升陪审员的独立行权地位,重点在于调整法官司法责任的归责原理。

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。

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.

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.

人民陪审:全过程人民民主的司法路径——基于司法大数据的实证考察

人民陪审员制度作为人民司法、司法民主的重要制度表达形式,是新时代实现人民民主权利的司法路径。本文从“全过程人民民主”的理论视角出发,以人民陪审员制度作为研究对象,基于司法大数据实证追踪公民参与司法的程度、组织、范围和效能。研究发现,人民陪审能够为“全过程人民民主”提供宽广的施行空间;人民陪审所包含的“全过程人民民主”能够深刻影响司法决策;人民陪审所生发的“全过程人民民主”活力有待进一步释放。“全过程人民民主”之于人民司法,不仅拟合着“让人民群众在每一个司法案件中感受到公平正义”的本质要求,也预示着一种全新的司法治理技术的诞生。

Human Rights Connotations and Its Legal Protection in the Harmonious Coexistence between Humans and Nature

Promoting the unity of human nature and sociality in practice is a fundamental path dependence for achieving people's well-rounded development.Within the context of harmonious coexistence between humans and nature,the practice of the unity of human nature and sociality is allowed to be truly implemented,and people's well-rounded development moves from possibility to reality.Strengthening the protection of human rights for people's well-rounded development in the harmonious coexistence between humans and nature not only requires the expansion of the connotations of environmental rights from“the right to a healthy environment”to“the right to a beautiful environment”,but also necessitates the formation of a collaborative framework between environmental rights and development rights.For legal responses to the expansion of the connotations of environmental rights,it is necessary to implement such expansions in environmental legislation,enhance the underlying principles,and make progress in the development of systematic environmental legislation simultaneously.Regarding the legal promotion of the synergy between environmental rights and development rights,it is essential to follow the guidance of the“Two Mountains Theory,”take the coordinated functions of environmental and traditional legal departments as the basis,and build a legal mechanism for the realization of the value of ecological products and services.

陪审制的理性与理性的陪审制——为人民陪审制辩护

我国的人民陪审制具有强大的民主功能,但是在中国的司法实践中,人民陪审制遭遇了极大困境,因而我们必须在制度上完善它。

对我国陪审制的理性思考——从比较两大法系国家陪审制生存条件的视角

由于法律传统和人文环境的不同 ,陪审制在英美法系国家与大陆法系国家以不同的形式存在。英美法系国家实行的是陪审团制 ,而包括我国在内的大陆法系国家实行的则是参审制。我国不具备陪审团制生存的条件 ,而参审制式的陪审制的施行绩效又不如人意。面对这一现实状况 ,我们不能再进行简单的选择和取舍 ,而应该进行制度的重新架构。