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Relevant bibliographies by topics / Judicial process - China

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Academic literature on the topic 'Judicial process - China'

Author: Grafiati

Published: 4 June 2021

Last updated: 16 February 2022

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Journal articles on the topic "Judicial process - China"

1

Zhang, Baosheng, and Yin Li. "The Supreme People’s Court of China in the Process of Judicial Reform." Studia Iuridica 81 (October 24, 2019): 320–32. http://dx.doi.org/10.5604/01.3001.0013.5477.

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The text presents judicial reforms of the Supreme People’s Court of China (SPC). The author argues that during a twenty-year period, the role of the SPC has underwent two major transitions. Firstly, its role of a dispute solver evolved into a designer and a leading voice of the judicial system in China. Secondly, it shifted its position from a passive implementer of laws and policies into an active public policy maker. The text also offers an insight into the SPC’s enhancement of human rights protection, efforts to establish the evidence rule system, as well as its role in promoting judicial t

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2

Ng, Kwai Hang, and Xin He. "Internal Contradictions of Judicial Mediation in China." Law & Social Inquiry 39, no. 02 (2014): 285–312. http://dx.doi.org/10.1111/lsi.12034.

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Judicial mediation in China represents an extreme case of integration between adjudication and mediation. Based on ethnographic work and extensive interviews, this article studies how judicial mediation actually works in China. It finds that the incorporation of mediation as part of the official trial process creates a set of internal contradictions. In addition to the role conflict inherent in a judge's acting also as a mediator, adjudication and mediation stages are organized by different principles. When the rather rigid format of adjudication is carried over to in‐trial mediation, it curta

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Waye, Vicki, and Ping Xiong. "The Relationship between Mediation and Judicial Proceedings in China." Asian Journal of Comparative Law 6 (2011): 1–34. http://dx.doi.org/10.1017/s2194607800000466.

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AbstractAfter a period of decline, judicial mediation has been recently revived in China. The revival has occurred as a result of a combination of political and juridical forces. China's courts have been struggling to meet demand for access to justice and the revival of judicial mediation is part of a broader policy to promote mediation as a mainstream dispute resolution mechanism. At the same time, the revival of judicial mediation also reflects the disaffection of China's political elite with an emphasis upon adversarial, western style legal process. China's establishment appears to be seeki

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Islam, M. S., and X. Xin. "STRONG ECONOMIC DEVELOPMENT WITHOUT JUDICIAL INDEPENDENCE IN CHINA: A REVIEW." BRICS Law Journal 7, no. 1 (2020): 148–77. http://dx.doi.org/10.21684/2412-2343-2020-7-1-148-177.

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Over the last four decades, China has sustained extraordinary economic development despite Western assertions of under-constructed economic markets and the lack of an independent adjudicative process. The purpose of this paper is to set out the context of China’s judicial independence and high economic development scenario in the global economy. The paper aims to establish that vast economic expansion is possible without the conventional concept of an independent judiciary in which China provides an important example for the world. The study is mainly qualitative in nature and takes the analyt

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Zhang, Baosheng, and Jia Cao. "The ‘mirror of evidence’ and the plausibility of judicial proof." International Journal of Evidence & Proof 21, no. 1-2 (2016): 119–32. http://dx.doi.org/10.1177/1365712716674795.

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In the process of judicial proof, the court has to make findings of fact concerning events that happened in the past. But the triers of fact have no direct knowledge of the past events. Therefore, the triers can only find the truth by means of the ‘mirror of evidence’, which inevitably differs from the original facts of the case. It is the truth reconstructed in the trier’s mind, and only a product of thought. The ‘mirror of evidence’ doctrine explains that what the fact-finder could find is only a plausible account of the truth. As the evidence-based information cannot be entirely achieved, t

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Mao, Wenzheng, and Shitong Qiao. "Legal Doctrine and Judicial Review of Eminent Domain in China." Law & Social Inquiry 46, no. 3 (2021): 826–59. http://dx.doi.org/10.1017/lsi.2020.41.

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Which of the three legal doctrines of public use, just compensation, and due process is the most effective in constraining abuses of eminent domain power? This article addresses this question for the first time and presents the first-ever systematic investigation of the judicial review of eminent domain in China. Our empirical study reveals that Chinese courts focus on eminent domain procedures while rarely supporting claims based on public interest or just compensation. Procedural rules are determinate and therefore easier to enforce than substantial standards of public interest and just comp

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Rusakova, Ekaterina P. "Integration of “smart” technologies in the civil proceedings of the People’s Republic of China." RUDN Journal of Law 25, no. 3 (2021): 622–33. http://dx.doi.org/10.22363/2313-2337-2021-25-3-622-633.

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The concept of creating digital justice is not quite new in the modern world, but its implementation takes place in various countries in different ways. China has achieved tangible success, where artificial intelligence technologies are gradually being integrated into judicial proceedings. A robot judge is a real mechanism for resolving a dispute, and people's attitude to this form of protection of the fundamental right guaranteed by the state is mixed, but as practice shows, this method is acceptable in the era of the digital revolution. The research purpose is to identify the main trends in

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Troshchinskiy, P. V. "The Court System of China in the Digital Age: Main Developmet Ditections." Rossijskoe pravosudie 6 (May 26, 2021): 75–82. http://dx.doi.org/10.37399/issn2072-909x.2021.6.75-82.

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The article is devoted to the study of the process of introducing digital technologies into the work of the People’s Courts of China and the issues of its legal regulation. The judicial system of the modern Chinese state is based on courts of three levels and two courts. Judicial bodies include the Supreme People’s Court, local people's courts, military courts and other special courts. For several years, various digital technologies have been used in all Chinese courts. In addition, since August 2017, special Internet courts have appeared in the PRC (three such courts have now been created in

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Cai, Wei, and Andrew Godwin. "CHALLENGES AND OPPORTUNITIES FOR THE CHINA INTERNATIONAL COMMERCIAL COURT." International and Comparative Law Quarterly 68, no. 04 (2019): 869–902. http://dx.doi.org/10.1017/s0020589319000332.

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AbstractChina has confirmed its ambition to join the global competition for international business dispute resolution services by establishing the China International Commercial Court (CICC). The CICC has now begun operation following a judicial interpretation issued by the Supreme People's Court. By examining the trial process of the CICC as set out by the Supreme People's Court and comparing the rules with other international commercial courts, this article provides a detailed overview and critical analysis of the issues surrounding cases brought to the CICC. Overall, compared with the appro

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Qin, Qian, Ziyu Li, and Xiaotong Jiao. "Public Opinion on the Death Penalty in Mainland China and Taiwan." China Report 57, no. 3 (2021): 327–45. http://dx.doi.org/10.1177/00094455211023909.

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Mainland China and Taiwan are two significant regions currently executing the death penalty; especially, Mainland China alone is believed to implement an amount of executions even larger than the total of all other countries. However, although Mainland China and Taiwan share the Chinese language, as well as traditional culture, the public’s opinions on the death penalty diverge. There is no evidence showing that more people are becoming abolitionists, albeit different social groups, domestic and overseas, are trying to propel the process of abolitionism. The public’s opinions on the death pena

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Dissertations / Theses on the topic "Judicial process - China"

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梁慶樂 and Hing-lok Leung. "A study of the judiciary reports collected in Quantang Wen." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1991. http://hub.hku.hk/bib/B31209841.

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Cheng, Rui. "L'association des avocats de la République populaire de Chine : une approche comparative au regard du droit français." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30034/document.

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En Chine, une communauté de juristes est en train d'éclore. Celle-ci commence à exercer une influence sur la « conscience juridique » de la société. Or, à la différence de leurs confrères français, les avocats chinois ne possèdent pas encore suffisamment le sentiment d'appartenance à leur corps. Leurs associations ne sont pas autonomes. Si la profession s'est beaucoup inspirée des expériences des pays « déontologiquement plus développés », des principes fondamentaux de la profession ne sont pas enracinés dans l'esprit collectif des avocats. En tant que profession libérale, la profession d'avoc

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Li, Jing Fu, and 黎錦福. "The research of the administration permissible process on-mainland-china- take its judicial administration permissible process as center." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/53988199095270364440.

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碩士<br>東吳大學<br>法律學系<br>96<br>Administration permitted fords, nothing else but the power righteousness relations, as well as and produces along with the permission authority corresponds the item, is exactly a discussion permission formula indispensable link.Mainland China implementation administration, in the constitution foundation, regarded legally in 1982 "Constitution" the 5th stipulation, this was the country staff, the officer of the court, the teacher, the student, the institution and the association, the enterprise, the institution of staff and so on, as well as the general citizens stud

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Books on the topic "Judicial process - China"

1

Liang, Linxia. Delivering justice in Qing China: Civil trials in the Magistrate's Court. Oxford University Press, 2007.

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2

Hsia, Tao-tai. Law making in the People's Republic of China: Terms, procedures, hierarchy, and interpretation. Law Library, Library of Congress, 1986.

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3

A, Johnson Constance, and Library of Congress. Law Library., eds. Law making in the People's Republic of China: Terms, procedures, hierarchy, and interpretation. Law Library, Library of Congress, 1986.

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4

Han, Zhengrui. Legal communication of Chinese judiciary: A discourse-based view. P. LANG, 2012.

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5

He, Xin, and Kwai Hang Ng. Embedded Courts: Judicial Decision-Making in China. Cambridge University Press, 2018.

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He, Xin, and Kwai Hang Ng. Judicial Decision-Making in China: Embedded Courts. Cambridge University Press, 2017.

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7

The Art of Trial Process: An Outline of Judicial Philosophy in China. Springer, 2020.

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8

Delivering Justice in Qing China (British Academy Postdoctoral Fellowship Monographs). Oxford University Press, 2007.

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9

Han, Zhengrui. Legal Communication of Chinese Judiciary: A Discourse-Based View. Lang AG International Academic Publishers, Peter, 2012.

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Hong Kong's Court of Final Appeal: The Development of the Law in China's Hong Kong. Cambridge University Press, 2013.

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Book chapters on the topic "Judicial process - China"

1

"The Criminal Trial Process." In The Judicial System and Reform in Post-Mao China. Routledge, 2016. http://dx.doi.org/10.4324/9781315556413-13.

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"The Civil Trial Process." In The Judicial System and Reform in Post-Mao China. Routledge, 2016. http://dx.doi.org/10.4324/9781315556413-14.

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"The Administrative Trial Process." In The Judicial System and Reform in Post-Mao China. Routledge, 2016. http://dx.doi.org/10.4324/9781315556413-15.

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"2.6 The Judicial Process in a Criminal Case." In Law, State, and Society in Early Imperial China (2 vols). BRILL, 2015. http://dx.doi.org/10.1163/9789004300538_007.

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5

Pappano, Danilo. "Administrative Law and the Chinese Legal System: Some Issues on Judicial Review of Administration Activity." In Judicial Review of Administration in Europe. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198867609.003.0021.

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This chapter explains how, in the current phase of development in the Chinese legal system, administrative law has emerged. China is undergoing a process of subjecting power to the rules which, for administrative law, concern the relationship between state and citizen, and more generally that between state and society. The current evolution is particularly rapid and favoured by changes to the economic structure in recent years, and this explains the fact that administrative law in China is on the eve of great expansion. The chapter examines some theoretical issues relating to judicial review of the exercise of administrative activity, an area which has seen the manifestation of the process of legalization of administrative power, as has happened in Western legal systems. Over the last few years, the development and interpretation of the instruments available has progressed while the availability of instruments has tended to broaden, even if currently legal protection is still in its early stages. However, all this will naturally require a long period of settling, as in Western countries; hence the evident need for gradual change as the fruit of a realistic approach.

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Qian, Yingyi. "Federalism, Chinese Style: The Political Basis for Economic Success in China." In How Reform Worked in China. The MIT Press, 2017. http://dx.doi.org/10.7551/mitpress/9780262534246.003.0008.

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The purpose of this paper is to provide an explanation of China’s high performance despite several factors that would indicate otherwise according to conventional wisdom. The authors argue that conventional wisdom is problematic in regards to China. First, it provides too narrow a definition of political reform. Second, although it asks the right question about political discretion, the inappropriate definition of political reform leads it to the wrong conclusion. Third, though much is wrong with the system of property rights in China, looking for a system of such rights as exists in the West has confused many analysts. Rights are not as secure in China as they could be, and the absence of a law of property and contracts along with a judicial system to enforce it remains a significant lacuna in the reform process. And yet, property rights are not completely insecure and without political foundations. Indeed, political reform in China has provided considerable limits on the discretion of the central government. These limits, in turn, provide the beginnings of a strong and credible political foundation for many market-oriented enterprises throughout the successful regions of China. China has a new political system that we characterize as federalism, Chinese style. This system, in turn, provides considerable political protection for China’s reforms, including limits on the central government. Viewed from the perspective of the individual, this system differs considerably from federalisms in the developed West.

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Kang, Sungjin. "Use of Investor–state against China’s Enforcement of the Anti-Monopoly Law." In China's International Investment Strategy. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198827450.003.0027.

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Since China introduced the Anti-Monopoly Law (AML) in 2008, China achieved an impressive competition law enforcement field record. However, lawyers and scholars still argue that Chinese competition authorities applied AML disproportionately against foreign companies. Despite the possibility of judicial reviews, many foreign companies still have reservation on the independent of judiciary of China, and they are still reluctant to appeal the decisions before the Chinese courts. In addition, there are some incidents where Chinese competition authorities used the AML to promote its own industrial policy. In this regard, foreign companies are not 100 per cent sure to trust the decisions of the Chinese competition authorities that they apply the AML fairly to safeguard the fair competition between Chinese companies and foreign companies. In this regard, foreign investors are trying to find a system to make sure that they are subject to ‘fair and equitable’ treatment or at least to ‘national treatment’ under the trade agreements between China and its major trading partners. The author is of the view that it is time for the foreign investors in China to consider the ISDS as an option to challenge procedural aspects of the Chinese competition law enforcements. By bringing an AML cases before the ISDS, foreign investors may induce Chinese competition authorities to comply with the due process and fair application of the competition laws, thus safeguarding transparency and predictability of the competition law enforcement of China.

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Conference papers on the topic "Judicial process - China"

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Önder, Begüm Aylin. "Using the Concept of “Social Distancing” in Advertising Designs: A Comparative Analysis." In COMMUNICATION AND TECHNOLOGY CONGRESS. ISTANBUL AYDIN UNIVERSITY, 2021. http://dx.doi.org/10.17932/ctcspc.21/ctc21.009.

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Corporate social responsibility is one of the activities that goes beyond philanthropy, based on volunteerism in line with the responsibilities of enterprises towards society. This concept, which offers businesses the opportunity to look after and develop their brand image in the eyes of society, has become a necessity, not a choice, especially in today's world. In order to meet social expectations, the effectiveness of static and dynamic advertising messages implemented in all social benefit-based studies for human development such as environment, health and education is very important in ter

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