Human rights is a great term, as well as an arduous undertaking, which needs unremitted efforts from various departments and all walks of life. Because of the advantages in resources and human talents, universities bo...Human rights is a great term, as well as an arduous undertaking, which needs unremitted efforts from various departments and all walks of life. Because of the advantages in resources and human talents, universities boast irreplaceable functions in the innovation, spread and application of human rights knowledge and can make outstanding contribution to the spread and popularization of human rights researches,展开更多
In this transitional phase,a daunting challenge posed to the Chinese judicature is the complicated interaction between the trial court and the public,when it comes to cases that gain popular attention. The key issues ...In this transitional phase,a daunting challenge posed to the Chinese judicature is the complicated interaction between the trial court and the public,when it comes to cases that gain popular attention. The key issues lie in both the authority of the judicial judgment and the public's faith in it. It is undoubtedly of crucial significance to arrive at a sound relationship between a society espousing democracy,and proper legal expressions among the public and legal rule. Specialists argue that public opinion stands as no replacement for professional judgments made by judges,while advocates of public opinion state that any judicial judgment should take into consideration the ideas and thoughts of the public. For advocates of responsive law,the court should respond favorably to reasonable public opinions without abandoning the foundation of its independent trials. In our opinion,considering the functional designs of the judicature in the constitutional system and the reality of public opinion in contemporary China,responsive law is preferable to the other two alternatives so as to provide a real solution to the present dilemma involving the interaction between the trial court and public opinion.展开更多
文摘Human rights is a great term, as well as an arduous undertaking, which needs unremitted efforts from various departments and all walks of life. Because of the advantages in resources and human talents, universities boast irreplaceable functions in the innovation, spread and application of human rights knowledge and can make outstanding contribution to the spread and popularization of human rights researches,
文摘In this transitional phase,a daunting challenge posed to the Chinese judicature is the complicated interaction between the trial court and the public,when it comes to cases that gain popular attention. The key issues lie in both the authority of the judicial judgment and the public's faith in it. It is undoubtedly of crucial significance to arrive at a sound relationship between a society espousing democracy,and proper legal expressions among the public and legal rule. Specialists argue that public opinion stands as no replacement for professional judgments made by judges,while advocates of public opinion state that any judicial judgment should take into consideration the ideas and thoughts of the public. For advocates of responsive law,the court should respond favorably to reasonable public opinions without abandoning the foundation of its independent trials. In our opinion,considering the functional designs of the judicature in the constitutional system and the reality of public opinion in contemporary China,responsive law is preferable to the other two alternatives so as to provide a real solution to the present dilemma involving the interaction between the trial court and public opinion.
