The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object （or aid recipient）...The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object （or aid recipient） is a party in a given legal case, who is granted legal aid. They are often among the disadvantaged group in criminal cases, since most of them are mentally challenged, lack free- dom or have health problems.＇ Both international and domestic laws have certain norms regarding objects of criminal legal aid. Our domestic law places more emphasis on ＂defen- dants＂ while downplaying ＂suspects＂ and ＂victims＂ in identifying objects.展开更多
After the Portuguese leased in Macao in the mid-period of Ming Dynasty, the Portuguese officials here were asked to comply with the law of China more than once. To the Qing dynasty, the Portuguese still stubbornly ref...After the Portuguese leased in Macao in the mid-period of Ming Dynasty, the Portuguese officials here were asked to comply with the law of China more than once. To the Qing dynasty, the Portuguese still stubbornly refused to obey the law of China and often escaped from Chinese criminal law using briberies. In the case about Huiqian CHEN and the processing in the end of 1743, the fact that the Portuguese often escaped from the law of China was changed, and the principle of the Chinese judicial officials about processing the murders about Chinese killed by foreigners was explicitly defined. In this principle, Chinese significant compromises and concessions to the Portuguese were also included, but the criminal jurisdiction was ultimately controlled by the Government of the Qing Dynasty. Thus, the foreign-related criminal procedures conforming to foreign conditions were revised by the government of the Qing Dynasty according to the actual circumstances of Macao. However, the foreign-related criminal procedures revised by the government of the Qing Dynasty were not honestly observed by the Portuguese. After several major cases occurred in Macao, security rules and regulations were further issued by the government of the Qing Dynasty, in which the judicial control power of the government of the Qing Dynasty in Macao was unequivocally stated.展开更多
The new requirements of trial-centered litigation in China are a concrete manifestation of the reform of the rule of law under Xi Jinping’s new socialist era.The effective implementation of judicial appraisal lays a ...The new requirements of trial-centered litigation in China are a concrete manifestation of the reform of the rule of law under Xi Jinping’s new socialist era.The effective implementation of judicial appraisal lays a solid foundation for the correct identification of facts,accurate conviction,and sentencing,and technically,it should guarantee a fair trial.However,in practice,judicial appraisal opinion carries the risk of a diminished trial that deviates from the trial-centered requirement to substantiate a charge and can easily lead to unjust cases.This paper seeks to discuss the system of identification of property loss involved in criminal proceedings,which is implemented by a third‑party appraisal institution entrusted by the investigation agency,and highlights the fact that the third-party appraisal institutions in judicial practice are currently reliant on cooperative thinking,but countenance the lack of a mechanism for effective accountability,and the court’s propensity for theirsupport.This leads to the verification components of the trial being depreciated,which may lessen the validity of the appraisal opinion(substantiation).In response to this problem,the author hopes to provide some suggestions to assist third-party appraisal agencies in the completion of judicial appraisal and achievement of their trial‑centered reform goal by rationalizing the relationship between the investigation agency and identification institution,establishing a hierarchical accountability mechanism,and improving the rules governing testimony in court.展开更多
文摘The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object （or aid recipient） is a party in a given legal case, who is granted legal aid. They are often among the disadvantaged group in criminal cases, since most of them are mentally challenged, lack free- dom or have health problems.＇ Both international and domestic laws have certain norms regarding objects of criminal legal aid. Our domestic law places more emphasis on ＂defen- dants＂ while downplaying ＂suspects＂ and ＂victims＂ in identifying objects.
文摘After the Portuguese leased in Macao in the mid-period of Ming Dynasty, the Portuguese officials here were asked to comply with the law of China more than once. To the Qing dynasty, the Portuguese still stubbornly refused to obey the law of China and often escaped from Chinese criminal law using briberies. In the case about Huiqian CHEN and the processing in the end of 1743, the fact that the Portuguese often escaped from the law of China was changed, and the principle of the Chinese judicial officials about processing the murders about Chinese killed by foreigners was explicitly defined. In this principle, Chinese significant compromises and concessions to the Portuguese were also included, but the criminal jurisdiction was ultimately controlled by the Government of the Qing Dynasty. Thus, the foreign-related criminal procedures conforming to foreign conditions were revised by the government of the Qing Dynasty according to the actual circumstances of Macao. However, the foreign-related criminal procedures revised by the government of the Qing Dynasty were not honestly observed by the Portuguese. After several major cases occurred in Macao, security rules and regulations were further issued by the government of the Qing Dynasty, in which the judicial control power of the government of the Qing Dynasty in Macao was unequivocally stated.
文摘The new requirements of trial-centered litigation in China are a concrete manifestation of the reform of the rule of law under Xi Jinping’s new socialist era.The effective implementation of judicial appraisal lays a solid foundation for the correct identification of facts,accurate conviction,and sentencing,and technically,it should guarantee a fair trial.However,in practice,judicial appraisal opinion carries the risk of a diminished trial that deviates from the trial-centered requirement to substantiate a charge and can easily lead to unjust cases.This paper seeks to discuss the system of identification of property loss involved in criminal proceedings,which is implemented by a third‑party appraisal institution entrusted by the investigation agency,and highlights the fact that the third-party appraisal institutions in judicial practice are currently reliant on cooperative thinking,but countenance the lack of a mechanism for effective accountability,and the court’s propensity for theirsupport.This leads to the verification components of the trial being depreciated,which may lessen the validity of the appraisal opinion(substantiation).In response to this problem,the author hopes to provide some suggestions to assist third-party appraisal agencies in the completion of judicial appraisal and achievement of their trial‑centered reform goal by rationalizing the relationship between the investigation agency and identification institution,establishing a hierarchical accountability mechanism,and improving the rules governing testimony in court.
