A Study on the Standardization of Court Interpretation and Suggestions in China

In order to safeguard the legitimate rights and interests of all parties, ensure the justice of legal proceedings and maintain the Chinese judicial system's positive international image, high quality interpretation of legal proceedings is extremely important. This paper will analyze the nature of court interpreting and draw lessons from successful foreign practices. Moreover,some thoughts and suggestions will be presented for the establishment of national court interpreting standards in China.

A Study of Historical References of Korean Royal Court Tea Culture through the Periods of Three Kingdoms,Goryeo Kingdom and Joseon Dynasty

The tea culture of royal court has a special significance as it represents the culture of the nation.The tea culture of Korean royal court has been described in various historical documents including the Memorabilia of Three Kingdoms,the History of Goryeo,and the Chronology of Joseon Dynasty.These historical documents indicate an increasing sophistication of royal court tea culture as the use of tea became expanded through the periods of Three Kingdoms,Goryeo Kingdom and Joseon Dynasty.The tea was offered during ancestral and religious rituals;served as ceremonial drinks;and offered to guests in ceremonial manners.The procedures of these tea ceremonies were ritualized and codified to properly reflect decorum and propriety of the royal court.This paper examines historical references of royal court tea culture of Korea over the periods of Three Kingdoms,Goryeo Kingdom and Joseon Dynasty.Findings from this paper can promote further research on the development of royal court tea culture in Asian countries.

The Substantive Reform of Court Trials: A Transformation of Logic in the Methods of Evidence Investigation——Summary of the Reform Pilot Project in Chengdu

In the pilot project of the substantive reform of court trials,“unexpected” judgments appeared constantly because the traditional documentary investigation mode has been replaced by an investigation mode under the principle of directness and verbalism. This change in the logic of factual judgments has caused a change in the methods of evidence examination. In traditional evidence examination, evidence obtained from investigations is supposed to be genuine and reliable. In the substantive reform of court trials, it is presumed that evidence obtained from investigations cannot be fully trusted and it is easier to ascertain the facts of the case by investigating using the principles of directness, verbalism and individualized judging methods for evidence examinations. In practice, there are three main factors affecting the genuineness of evidence: the cognitive rules of testifiers, the motivation of the subjects who provide evidence, and the methods used by investigators to obtain evidence. Based on any one of these three factors, it cannot be concluded that evidence obtained from investigations is superior to evidence presented in court. The substantive court investigation is more advantageous to establishing the facts of a case than the traditional court investigation. The essential characteristics of the substantive reform of court trials are pursuing reality in essence instead of in form, and using the files of the court trials instead of the files of the investigation to avoid the evidence obtained through investigations from playing a decisive role in the adjudication thus making criminal procedures trial-centered rather than investigation-centered.

Research on the Operation Mechanism of Claim in Civil Procedure Law and the Applications on Court Trial Way Reform

In this paper, we conduct research on the operation mechanism of claim in civil procedure law and the applications on the court trial way reform. The ultimate goal of the rule of law lies in identifying and protecting the rights of citizens. Way to protect the rights of citizens is diverse, but the judicial relief is the most basic and important form of insurance. Everyone can “into” the court and get the impartiality of the judicial relief, is a measure of a country judicial level height and the rule of law implementation degree of important yardstick. Judicial system and judicial procedure to build and build a better, if the subject of litigation rights are not being met and the safeguard, can’t get through the door and it is the legislators and legal scholars over the many efforts are meaningless, under this basic condition, we propose the new perspective on the corresponding issues that is necessary.

Accessibility of Justice for Intimate Partner Violence Victims in the Customary Court at Rohingya Refugee Camp, Bangladesh

This paper explored the norms and mechanisms of access to justice regarding intimate partner violence(IPV),the constraints that affect refugee women when seeking measures against IPV,and the experiences and views of justice providers in giving access to justice to IPV victims in a customary court.This is a qualitative study where purposive sampling was applied.Five,eight,and four in-depth interviews with IPV victims,justice makers from BMC/CMC,and other concerning organizations were conducted,respectively.Moreover,two key-informant interviews were also conducted.Data were analyzed utilizing thematic analysis.The findings revealed that the multi-sectoral approach is the framework in responding to IPV cases followed by each actor,including the BMC and CMC,who are protecting the rights of IPV victims.However,this community-based committee is the first spot to mitigate IPV cases,and the trial procedures are not consistent with national laws and international human rights standards;the committee uses their life experiences,religious norms,and socio-cultural values.IPV victims and the customary court experience obstacles in case reporting,trial processing,and denial of legal justice.Moreover,the committee is more active in keeping the family and societal harmony rather than in protecting the individual(women).United Nations High Commissioner for Refugees(UNHCR)should accelerate efforts to protect,respect,and fulfill the needs of IPV victims in all sectors.Training on human rights and gender,the determination of the rules and regulations of the customary court to protect IPV victims,the development of appropriate sanctions for perpetrators,and the remedies for victims are suggestions from the research to get justice for the IPV victims.

On the Power Attribute of the Court of Admiralty of England in the Tudor Dynasty

Why the court of admiralty of England reached its peak during the Tudor period is a long-standing issue in academic circles,and it is necessary to clarify the attribute of the Court of Admiralty before answering this question.A comprehensive inspection of the admirals,judges of admiralty courts’patents,and statutes of the realm during the Tudor period reveals that,on the one hand,the court of admiralty passed the substantive admirals’judicial privileges,the typification of court of admiralty orders,and the autonomy of trial and enforcement privileges.On the other hand,on the basic of maritime upstarts,the court of admiralty,got rid of the control of the royal power and became an independent force in the English judicial system.The substantively operating independently court of admiralty may be the first comprehensive national judicial institution established in England in the early modern period.

Application and Regulation of Legal Science and Technology on the Pilot Program of the Reform of Separation between Complicated Cases and Simple Ones in Civil Procedure in the Basic People’s Courts

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.

Empirical study on the evidence-based medicine in court of China

Evidence-based medicine(EBM)is recognized as one of the highest-quality scientific approaches in the medical community around the globe.It calls for doctors to use the best available scientific evidence in clinical decision-making.This paper used an empirical study on 44 EBM related judicial cases in China,the result shows the EBM is commonly used as a supplement to the expert opinion in actual judicial review,it is deemed to illuminate the causation in the case fact rather than as the standards of care,which has the similar characteristics as"documentary evidence",and over the years the Chinese judicial practice formed a"three-stage"judicial review rule on EBM:(1)the first stage is whether the evidence itself can meet the standards of EBM;(2)the second stage is when determining the evidence presented by parties is sufficient to meet the legal standards of EBM,and whether it can be applied in a court case would depend upon comprehensive consideration of adaptability and maturity of EBM;(3)the third stage is whether to treat EBM as the only basis in causation analysis.

Vaccination Obligation from the Perspective of the European Court of Human Rights——Taking the Case of Varif et al.v. Czech Republic as an Example

The case of Varif et al.v. Czech Republic concerned whether Czech legislation that imposed a moratorium on school attendance and a fine as a punitive mechanism for non-vaccination violates the European Convention on Human Rights by forcing children to receive routine vaccinations. In the ruling, the European Court of Human Rights reiterated that the choice of public health measures falls within the discretion of member states. Meanwhile, to limit the infringement of individual interests to what is necessary and reasonable, the European Court of Human Rights clarified the criteria for human rights protection for compulsory routine vaccination: It should have a legal basis, a lawful aim, and be in line with the “needs of a democratic society.” Accordingly, the European Court of Human Rights held that the legal provisions involved in the case did not violate the European Convention on Human Rights. As the first response of the European Court of Human Rights to compulsory vaccination, the case of Varif et al.v. Czech Republic strengthens the influence of the law of the European Union in the field of public health by upholding the discretion of member states. Besides, although the case involves only routine vaccination, the human rights protection criteria clarified in it can be taken as a reference for introducing vaccination measures against COVID-19 in the context of the global pandemic.

Report on the Work of the Supreme People's Court 2016(Extract)

Review of Work in 2015In 2015,the SPC,under the strong leadership of the Central Committee of the Communist Party of China(CPC)with Comrade Xi Jinping as General Secretary,and under the effective supervision of the National People’s Congress(NPC)and its standing committee,profoundly studied and carried out the spirits of the 18th National Congress of the CPC,and the third,fourth and fifth plenary meetings of the 18th CPC

Human Rights Protection Under China's Judicial System——An Interview with Xiao Yang, President of the Supreme People's Court of the People's Republic of China

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?

欧洲法院国家安全情报领域算法规制的经验及其借鉴——以La Quadrature du Net and Others案为例

[目的/意义]La Quadrature du Net and Others案是欧盟法院第一次以判决的形式回应成员国国家安全情报领域算法运用的立法,对其进行研究不仅能够拓展理论研究的视界,也可为我国相关制度的构建提供镜鉴。[方法/过程]采取案例分析法,深入分析欧盟法院国家安全情报领域算法规制的逻辑基点、路径和方法。[结果/结论]该判决对欧洲人权法院及法国均产生重要影响,但无论是传统情报监督路径与方法,还是新兴算法规制路径与方法,均存缺憾。我国在推进国家安全情报领域算法运用的同时,要对其基本权利干预性有充分认识,应通过立法强化国家安全情报领域算法运用的规制。

The Establishment of an Overarching Intellectual Property Judicial System

The intellectual property("IP") judicial system comprises two parts: IP judicial organization and IP judicial mechanism. China’s IP judicial system reform should be carried along with the construction of specialized IP courts, aiming to establish a specialized IP judicial system. Such a system contains five elements. First, the nation-wide specialized IP courts are both courts of first instance and of appeal, which is a mode of "first instance + appeal". Meanwhile, a state-level high court or an IP circuit court of the Supreme People’s Court("the Supreme Court") should be established. Second, IP courts should not be set up everywhere, instead, they should be set up in 10-13 central cities, supplemented with detached tribunals. Third, the judicial mechanism in the IP courts should be "3-in-1", in which civil, administrative and criminal suits are heard by one court. Fourth, the manner of reasoning inherited from administrative authority principles of the civil law system should be avoided, and judicial organs should be given the authority to make substantial judgments on the validity of IP. Finally, in technical cases, a multiidentification mechanism for technical facts should be set up, by establishing systems such as technical investigators, expert consultation, expert juries, and judicial appraisal. Thus, an overarching IP judicial system will be formed, which will separate IP trials from others and strengthen the professional traits of IP trails. Such a judicial system is an optimized choice conforming to the construction of an innovative country and is sufficient for China to present a picture of "strong judicial protection" of IP to the world.

The Design of Supervisory Institutions in the Ming Dynasty and Its Enlightenment to Modern Society

The supervisory system and the examination system are two indigenous political systems of China,and the former has a longer history than the latter when it comes to the origin.Having inherited the essence of the supervisory system since the Qin Dynasty,the supervisory rules in the Ming Dynasty opened a new chapter of legal thoughts of monitoring.This paper started with the design of the supervisory institutions in the Ming Dynasty recorded in the historical materials such as the Memoir of Ming Dynasty and The Interpretive Supplements to"The Great Learning",to get a glimpse of the main content of the legal thoughts of supervisory at that time,and tried to"take history as a mirror"to provide insights and lessons of the legal thoughts of supervisory in the Ming Dynasty for the later generations.