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?

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.

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.

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.

Relief for Defendants Whose Litigation Rights Have Been Infringed upon by Courts: Problems and the Way Out

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.

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.

Prospect Analysis of the Application of the Jury System in Our Country

Can the jury system replace the system of people's assessors and find a way out of the jury system dilemma in our country? The author gives an affirmative answer that the jury system should be established as soon as possible in our country in order to give full play to the efficacy and value of judicial democracy and supervision. This paper tries to analyze from the following three aspects. Firstly, it analyzes the differences and advantages and disadvantages of two jury patterns including the jury system and the mixed court system; then,based on the statement of development and existing problems of the mixed court system in our country,it analyzes the feasibility of application of the jury system in our country combining with national conditions; finally, social effect of the introduction of the jury system is evaluated,which affects the situation as a whole domino.

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.

On the Plaintiff's Subject Qualification for Environmental Public Interest Litigation Instituted by People's Procuratorates

Although it is not the main duty for the People's Procuratorate to institute environmental public interest litigation proceedings, the existence of "reserve" prosecution right of plaintiff not only is beneficial to timely prevention and cure of environmental damage, but also contributes indispensable judicial supervision force to the environmental legality construction. In order to safeguard environmental public interests, many local prosecutorial organizations have practiced environmental public interests litigation. Since Chinese law has not made explicit stipulation on the function of the People's Procuratorate instituting environmental public interest litigation, the plaintiff's subject qualification for environmental public interest litigation instituted by the People's Procuratorate is still in question. In order to propel the People's Procuratorate to completely and fully exercise their power of supervision and prosecution, there shall be corresponding legislation that provides powerful guarantee for the People's Procuratorate instituting environmental public interest litigation.

The Courtly Love in Chivalry

In 1066,the Duke of Normandy William in France held the Norman army to invade England.As a result of the Conquest,French culture was introduced into England,romance as a part of French culture soon became the prevailing literary form at that time.Romance chiefly deals with two subjects,naming,adventures and the courtly love,and adventures are often discussed by a number of writers,however,the courtly love has often been ignored by them.This paper tries to analysis the courtly love,focusing on revealing the value of love in the courtly love.

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.

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.

At the Court

A man had to go to court, and he asked his lawyerwhich judge would be hearing his case. His lawyer toldhim and then said, ’Do you know him?’ The man answered, ’No, but I wanted to know hisname so that I could send him a dozen bottles of goodwine.’

Peking Appliqué——Another Side of Colorful Chinese Handicrafts

PEKING appliqu(?),one of the many handicrafts of China,is an old art-form going backmany centuries.Different materialsare cut out and attached to oneanother to create a single-piece de-coration,much like embroidery.Itshistory can be traced back 2,000years to the Han Dynasty,whenartists would use thin scraps andpatches of silk to piece together aportrait or a depiction of the land-scape.During the Song Dynastyappliqu(?) enjoyed a resurgence andbecame very similar to traditionalembroidery.After the Qing Dynas-ty,appliqu(?) became very popularoutside the emperor＇s court and res-pectable women everywhere tookit up as a pastime。

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.

Principles and Issues Related to PsychologicalEvaluation of Parental Competence in the Arab MoslemSociety in Israel

For the Arab Moslem citizens of Israel, the Shari＇a court is the supreme judicial body competent to adjudicate and rule onmatters of divorce, custody, adoption, and custodianship. Under Shari＇a law, a boy will be in the custody of his mother until the ageof seven and the girl, until the age of nine; at the end of this period, the children are transferred to the father＇s custody. In cases wherethere is no father, they are transferred to the custody of the grandfather. In cases of dispute between the parents regarding custody,the Shari＇a court is called upon to rule, and for this purpose, it seeks a professional psychological evaluation of parenting competenceIt should be noted that this evaluation in Arab Moslem society involves professional and ethical issues since it is culturally-biased interms of Moslem culture： （l） Arab society is a collective comprised of extended families （hamula = clans）; （2） Men have apreferential status over women; （3） The functions of the father and the mother with respect to the child＇s needs （instrumental,emotional, and educational） are distinct from each other. It is further noteworthy that the psychological evaluation is made bydiagnostic information and accredited tools of evaluation. In the present situation there are no psychological tests that were adaptedfor the Arab population. The test must be reliable and reflect the reality being tested. Lack of standardization for tests makes themirrelevant. Furthermore, it must be said that in the Arab world there is no consensus about the tools constructed for this purpose in theWest. Psycho-diagnostic tools including evaluations that deal with testing the level of general intellectual functioning are found innearly every psychological service or mental health clinic, but it is obvious to everyone that at the end of the testing, one must relyalso on the tester＇s experience and professional ability in order to determine the etiology or to make a diagnosis that will reflect thesubject＇s innermost emotional or mental state. Therefore the model for evaluating parenting competence in general Israel society isnot applicable in Arab Moslem society, since it is culturally-biased and the two cultures are different from each other. Therefore it isnecessary to build a model for evaluation that is grounded upon： （1） Shari＇a law; （2） Reference to the extended family; （3）Differential roles of father and mother; （4） Psychological tests adapted to the culture being examined.