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Journal articles on the topic 'Judicial process - China'

Author: Grafiati
Published: 4 June 2021
Last updated: 16 February 2022

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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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8

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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9

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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10

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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11

Lanfang, Fei. "The role of the law in Chinese judicial mediation: a case study." International Journal of Conflict Management 26, no. 4 (2015): 386–401. http://dx.doi.org/10.1108/ijcma-05-2014-0038.

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Purpose – This paper aims to examine how the law may play a role in mediation by paying special attention to how the law is excluded from and included in the process of court mediation in China. Design/methodology/approach – Hundred model court mediation cases selected by the Supreme People’s Court of China were analysed and reviewed. Findings – The law is relevant in Chinese-style court mediation in four ways: first, judge-mediators are intended to use mediation to avoid resolving legal difficulties or challenges; second, judge-mediators consult the law to anticipate the losing party and the
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12

Mingyue, Su. "The Dualistic Model of Juvenile Justice System in China: In & Beyond Criminal Justice." International Annals of Criminology 51, no. 1-2 (2013): 157–74. http://dx.doi.org/10.1017/s0003445200000106.

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SummaryIn October 1984, Shanghai Changning district people's court established the first collegial panel of our country specializing in juvenile criminal cases; and it marks the beginning of the juvenile justice reform in China. After 30 years of development, the philosophy of juvenile justice has changed; juvenile judicial institutions are growing and juvenile justice system has gradually formed. Different from the practices of juvenile court in Western countries such as the U. S., Japan, and Germany, juvenile delinquency or deviant behavior that does not violate the criminal law would not en
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Liu, Mingyu. "Nature of new power of supervision and judicial supervision." Courier of Kutafin Moscow State Law University, no. 2 (April 10, 2020): 173–91. http://dx.doi.org/10.17803/2311-5998.2020.66.2.173-191.

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The article provides an overview of the reform of the surveillance system in the People’s Republic of China. The establishment of the supervisory commission is conducive to the integration and optimization of anticorruption forces and building up a centralized, unified, authoritative and efficient supervision system. However, the anti-corruption mechanism has also moved towards centralized from decentralized, and the mixture of powers with different natures has increased risks and uncertainties in the process of supervision. On the one hand, the balance of legal powers among state organs is tou
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14

Perlingeiro, Ricardo. "The Right to Information from the Procedural Standpoint (Judicial and Non-Judicial)." A&C - Revista de Direito Administrativo & Constitucional 15, no. 61 (2015): 43. http://dx.doi.org/10.21056/aec.v15i61.21.

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The author takes a general descriptive approach to the system of jurisdictional review of decisions concerning access to official information in Latin America, with the aim of enabling a future comparative administrative law study on information access in the People’s Republic of China. The first two topics are related to an overview of the right to information access in Latin America and the corresponding laws, with imprecise rules that lead to behavior by the administrative authorities that is subject to review of dubious effectiveness, so that the authorities are verging on a state of immun
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15

Dai, Jianmin, Zhisong Deng, and Song K. Jung. "Antitrust Enforcement Against Standard Essential Patents in China." Antitrust Bulletin 62, no. 3 (2017): 453–64. http://dx.doi.org/10.1177/0003603x17718681.

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Entering into the ninth year of the Anti-Monopoly Law of the People’s Republic of China (AML) in force, China has tackled high-profile cases, promulgated and implemented relevant rules and interpretations in regard to the interface between anti-monopoly and intellectual property rights, while relevant guidelines are in process at the same time. On one hand, the competition authorities in the tripartite system of antitrust enforcement have respectively shown their attitudes towards relevant issues concerning intellectual property rights (IPR)–related anticompetitive conducts by initiating inves
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16

Chen, Feng. "Trade Unions and the Quadripartite Interactions in Strike Settlement in China." China Quarterly 201 (March 2010): 104–24. http://dx.doi.org/10.1017/s0305741009991093.

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AbstractAlthough the Chinese government has claimed to be pursuing tripartism for labour relations, the non-judicial resolution of interest conflict in enterprises is largely a process of quadripartite interaction. In addition to the government and employers, the trade unions and workers are separate players: labour strikes in China are always launched by unorganized workers rather than by trade unions, whose task is to defuse the situation. Such a quadripartite process is dominated by the government, with the trade union playing a mediating role, not only between workers and the government bu
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17

He, Xin. "Why did they not take on the disputes? Law, power and politics in the decision-making of Chinese courts." International Journal of Law in Context 3, no. 3 (2007): 203–25. http://dx.doi.org/10.1017/s1744552307003023.

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Chinese courts’ recent refusal to take on some disputes raises questions on the extent to which they are controlled by superior political powers in their region. Through a close examination of the handling process of ‘Married Out Women’ disputes, this article shows that lower courts in Guangdong Province, China, have effectively resisted pressure to solve the disputes. Arguing legal barriers and enforcement difficulties, the courts ultimately referred the disputes to the governments but agreed to review the governments’ decisions in administrative litigation. In so doing, the courts retain an
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18

JI, Weidong. "The Change of Judicial Power in China in the Era of Artificial Intelligence." Asian Journal of Law and Society 7, no. 3 (2020): 515–30. http://dx.doi.org/10.1017/als.2020.37.

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AbstractThe singularity of artificial intelligence (AI), which transcends human intelligence to play the role of God, is imminent. In this context, the Chinese judicial system has gained some latecomer advantage, with the help of information technology, the Internet, big data, cloud computing, and AI to improve the efficiency and transparency of case handling. The trial process has undergone extensive and profound qualitative mutations. This represents a challenge to the institutional arrangements of the modern rule of law. At this stage, we should adopt a cautious and prudent attitude towards
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19

Skvortsov, O. Yu. "THE IDEOLOGY OF THE INVESTMENT LAW REFORM IN CHINA." Lex Russica, no. 11 (November 22, 2019): 146–54. http://dx.doi.org/10.17803/1729-5920.2019.156.11.146-154.

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The paper considers the reform of the Chinese legislation regulating foreign investments carried out in 2019. The author aims to identify the principles on which the reform was based, which took the form of the law on foreign investment. The methods of comparative analysis of accepted norms and those norms that have been audited were used. The revealed principles were analyzed from the point of view of their system. As a result of the analysis, the author comes to the conclusion about the fundamental principle underlying the reform — the principle of openness. However, the specification of thi
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20

Peeters, Marjan, Huizhen Chen, and Zhiping Li. "Contrasting Emission Trading in the eu and China: An Exploration of the Role of the Courts." Climate Law 6, no. 1-2 (2016): 197–226. http://dx.doi.org/10.1163/18786561-00601014.

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China and the eu have both engaged in formulating climate laws in order to contribute to a global reduction of greenhouse gas emissions. The focus of both is on emission trading. This instrument is designed and implemented according to very different political and legal systems in China and the eu. The rule of law in the eu is understood to mean that access to the judicial system for those affected by the emission-trading scheme is crucial. This can be illustrated by the emergence of a large body of case law on the issue. China, by contrast, is still in the process of building a governance sys
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21

Fan, Hua, and Francis Lap Fung Lee. "Judicial visibility under responsive authoritarianism: a study of the live broadcasting of court trials in China." Media, Culture & Society 41, no. 8 (2019): 1088–106. http://dx.doi.org/10.1177/0163443718807377.

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While the presence of cameras in courtrooms is controversial in the West, the Chinese government has promoted the live broadcasting of court trials via digital media platforms. This study situates the practice under China’s responsive authoritarianism and sees it as part of a broader governing strategy aiming at enhancing the legitimacy of the regime. An analysis of a trial surrounding the online video software QvodPlayer, supplemented with analyses of other cases, reveals the production and the possible tension involved in the live broadcast process. The analysis illustrates how court trials
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22

ZHIHUA, WAN. "SEVENTIETH ANNIVERSARY OF PRC CIVIL PROCEDURE LEGISLATION." Herald of Civil Procedure 10, no. 5 (2020): 199–211. http://dx.doi.org/10.24031/2226-0781-2020-10-5-199-211.

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In this article, the author examines the history of the development of legislation on civil proceedings over 70 years since the formation of the New PRC. The article analyzes the historical prerequisites for the adoption of the CPC of the PRC, describes the features of the development of legislation on civil procedures in different periods, and also reveals the connection between the evolution of legislation on civil procedures and the development of social life in China. Achievements and successes achieved in civil procedure legislation, prospects for the development of Chinese civil procedur
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23

Plakhotnik, O. "Practical use artificial intelligence in criminal proceeding." Herald of criminal justice, no. 4 (2019): 45–57. http://dx.doi.org/10.17721/2413-5372.2019.4/45-57.

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Artificial intelligence a set of scientific methods, theories and techniques whose aim is to reproduce, by a machine, the cognitive abilities of human beings. The artificial intelligence system is capable of using big data, calculating, evaluating, studying, deductive reasoning, abstract analysis and forecasting. The speed of information processing by artificial intelligence and its efficiency in making procedural decisions creates a model for digital automation of procedural decisions. The purpose of the article is to investigate the use of artificial intelligence in the judicial systems of d
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24

Pan, Hongyan. "REFLECTIONS ON THE BASIC FUNCTIONS OF JUDICIAL BIG DATA IN CHINA —— TAKING THE ANALYSIS PROCESS OF AN INSURANCE CASE AS AN EXAMPLE." Wonkwang University Legal Research Institute 35, no. 3 (2019): 321–39. http://dx.doi.org/10.22397/wlri.2019.35.3.321.

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25

Dicks, Anthony R. "Compartmentalized Law and Judicial Restraint: An Inductive View of Some Jurisdictional Barriers to Reform." China Quarterly 141 (March 1995): 82–109. http://dx.doi.org/10.1017/s0305741000032926.

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Among the various classes of legal documents which have become publicly available in China in recent years, few are more interesting than the growing body of reported decisions by courts and other institutions. Usually resulting, directly or indirectly, from litigation or some similar process, these interpretative rulings and decided cases have appeared in increasing numbers in the nine years following the first publication of the Supreme People's Court's own gazette. Since then a number of general collections of judicial interpretations and abstracts of court decisions have been brought out,
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Wang, Juan, and Wenting Liang. "Political Resources and Divergent Court Empowerment in China: A Subnational Comparison." Modern China 45, no. 6 (2018): 629–65. http://dx.doi.org/10.1177/0097700418811072.

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The cities of Guiyang and Kunming are known among legal scholars, practitioners, and policy makers for hosting two of China’s earliest specialized environmental tribunals, following serious water contamination in the two cities. However, the judicialization of environmental protection appears to be relatively nominal in Kunming and substantial in Guiyang. Why? We contend that, at a critical juncture, different political resources available to local leaders—including their past networks and experiences—led them to implement different strategies to deal with these crises. Under similar condition
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27

Zhu, Kuibin, and David M. Siegel. "The Law and Policy of Police and Prosecutorial Control of Detention in China." Asia-Pacific Journal on Human Rights and the Law 21, no. 1 (2020): 121–37. http://dx.doi.org/10.1163/15718158-02101006.

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In China, police control of street protests can be accomplished under existing law both directly, through administrative penalties including detention that police can impose on their own authority, and indirectly, through the threat of detention as part of the ordinary criminal process. In the ordinary criminal process Chinese law provides police and prosecutors extensive discretionary authority to detain suspects and defendants for periods of six months or more without judicial review. While the structure of these detention provisions superficially resembles that in Western countries, their o
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28

Gabbiani, Luca. "INSANITY AND PARRICIDE IN LATE IMPERIAL CHINA (EIGHTEENTH–TWENTIETH CENTURIES)." International Journal of Asian Studies 10, no. 2 (2013): 115–41. http://dx.doi.org/10.1017/s147959141300003x.

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This article provides an in-depth analysis of the reasons for which insane individuals who had committed patricide were systematically sentenced to dismemberment (lingchi 凌遲) under the Qing dynasty (1644–1911), the most severe form of capital punishment that could be called for in the state's administrative and penal Code. This extreme harshness ran contrary to several “theoretical” foundations of Chinese traditional law, first and foremost the principle of criminal intent. Through the study of such criminal cases, and others legally affiliated to patricide, spanning the seventeenth to the ear
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Yu, Shanshan, and Zhide Zhou. "The Business Model and Protection of Broadcasting Rights of Sports Events Under the Internet Environment." E3S Web of Conferences 251 (2021): 02020. http://dx.doi.org/10.1051/e3sconf/202125102020.

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The rapid development of network technology has brought profound changes to all sectors of society. The relaxation of national policies and the surge of sports demand have made the sports industry undergoing profound changes. The broadcast of sports events in the network environment has strong immediacy and interactive advantages, which not only brings new experience to the audience, but also causes frequent infringement. As the domestic and foreign regulations on the nature of sports broadcast rights are not clear, the judicial judgment of sports infringement is not uniform. This paper introd
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30

Zhang, Hao. "Prioritizing Access of Renewable Energy to the Grid in China: Regulatory Mechanisms and Challenges for Implementation." Chinese Journal of Environmental Law 3, no. 2 (2019): 167–202. http://dx.doi.org/10.1163/24686042-12340041.

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Abstract Following decades of fast growth in China’s power sector, underpinned by considerable investment in coal-fired generation, in recent years there has been a decisive move towards increasing energy supply that is climate and environmentally friendly. In order to meet this policy agenda, a number of regulatory mechanisms have been established to support and further the implementation of China’s Renewable Energy Law. A key feature of these regulatory developments has been increased regulation and enforcement of the obligation to ensure priority access of renewable energy to the power grid
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31

Wei, Feng, and Yu Kong. "Corruption, financial development and capital structure: evidence from China." China Finance Review International 7, no. 3 (2017): 295–322. http://dx.doi.org/10.1108/cfri-10-2016-0116.

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Purpose This paper takes listed companies in the Shanghai and Shenzhen stock markets from 1998 to 2013 as a research sample, investigating the role played by corruption and financial development, along with the interactions between the two, in determining the factors of a company’s capital structure in China’s legal environment. The paper aims to discuss these issues. Design/methodology/approach Using data of listed companies and the regional level of China during 1998-2013 and the STATA process (xtabond2 command) developed by Roodman (2006) to implement the two-step GMM estimation, empiricall
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32

Zhang, Huirong, Zhenyu Zhang, Lixin Zhou, and Shuangsheng Wu. "Case-Based Reasoning for Hidden Property Analysis of Judgment Debtors." Mathematics 9, no. 13 (2021): 1559. http://dx.doi.org/10.3390/math9131559.

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Many judgment debtors try to evade, confront, and delay law enforcement using concealing and transferring their property to resist law enforcement in China. The act of hiding property seriously affects people’s legitimate rights and interests and China’s legal authority. Therefore, it is essential to find an effective method of analyzing whether a judgment debtor hides property. Aiming at the hidden property analysis problem, we propose a case-based reasoning method for the judgment debtor’s hidden property analysis. In the hidden property analysis process, we present the attributes of the enf
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33

Qureshi, Asif H. "Extraterritorial Shrimps, NGOs and the WTO Appellate Body." International and Comparative Law Quarterly 48, no. 1 (1999): 199–206. http://dx.doi.org/10.1017/s0020589300062953.

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At the centre of the international trading order, under the framework of the World Trade Organization (WTO), lies a dispute-settlement system. This system offers a graduated conflict-resolution mechanism that begins with a consultation process; progresses to adjudication, through a panel system, and ends in an appellate process.1 Under this machinery, in October 1996 India, Malaysia, Pakistan and Thailand (the complainants) requested joint consultations with the United States, regarding the US prohibition on the importation of certain shrimps and shrimp products caught with fishing technology
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Fokov, A. P. "THE CODIFICATION OF CIVIL LAW IN THE PEOPLE'S REPUBLIC OF CHINA (GENERAL PROVISIONS): HISTORY AND MODERNITY." Proceedings of the Southwest State University 22, no. 2 (2018): 128–35. http://dx.doi.org/10.21869/2223-1560-2018-22-2-128-135.

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In this article, the author highlights the main historical stages of the codification of civil legislation in China, reveals the content of the "General provisions of the civil code of the PRC", which entered into force on October 1, 2017, predicts further prospects for the development of Chinese civil law institutions in modern economic conditions The author analyzes the historical stages of codification of a large array of Chinese civil legislation in the twentieth and early TWENTIETH centuries, shows its focus on borrowing Russia's experience in codification and improvement of civil legisla
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35

Raja, Tasneem, Helena Tuomainen, Jason Madan, et al. "Psychiatric hospital reform in low- and middle-income countries: a systematic review of literature." Social Psychiatry and Psychiatric Epidemiology 56, no. 8 (2021): 1341–57. http://dx.doi.org/10.1007/s00127-021-02075-z.

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Abstract Purpose Psychiatric hospitals or mental asylums grew across the world in the colonial era. Despite concerns over quality of care and human rights violations, these hospitals continue to provide the majority of mental health care in most low- and middle-income countries (LMICs). We sought to review the evidence of reform of mental hospitals and associated patient outcomes. Methods We adopted an integrative review methodology by including experimental and non-experimental research. The review protocol was registered on PROSPERO (CRD42019130399). A range of databases and systematic hand
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陳銘聰, 陳銘聰. "中國大陸學生權益救濟法制之研究：北京大學撤銷于艷茹博士學位案例評析". 彰化師大教育學報 35, № 35 (2020): 029–64. http://dx.doi.org/10.53106/181983092020120035002.

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<p>近年來高校學生因學校對其違紀違規處理過當或者不能接受相應的處分結果，將母校告上法庭的案件時有發生。學生認為學校的處理結果嚴重的侵害到其受教育權或其他基本權利。這種現象一方面是高校學生的自我保護的法律意識不斷地提升，另一方面也反映出高校在處理學生違規行為時學生權利救濟程序存在著不合法之處。學位不僅僅是學術水準的象徵，而且是獲得相應的經濟地位和社會地位的前提條件。在高校作出學位撤銷的決定時，必須要同時兼顧實體公正和程序正當，既要達到維護學術價值和學術倫理，又要充分保護學生的合法權益。尤其是學位撤銷會給當事人帶來的負面影響是極其重大的，除了直接會影響到當事人名譽權、隱私權和工作權，乃至於當事人的人格尊嚴等。這種會造成當事人嚴重後果的行為，必須要完善救濟的途徑。目前因為學位撤銷而引起的糾紛已經納入到司法審查的範圍，不過，因為關係到高校的「學術自由」，法院對學位撤銷糾紛進行審理時，一般僅會審查高校在學位撤銷過程中是否遵循正當程序原則，至於實質性學術不端問題，法院一般不會進行審查。本文以北京大學撤銷于艷茹博士學位案為例，分析學位撤銷存在的爭點，企盼更全面認識中國大陸學生權益救濟法制。</p> <p> </p><p>In recent years, college students often take thei
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Matnenko, A. "Legal problems of ensuring equal conditions for realization the constitutional right to education." Law Enforcement Review 2, no. 4 (2018): 30–42. http://dx.doi.org/10.24147/2542-1514.2018.2(4).30-42.

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The subject of the paper is legal conditions for realization the constitutional right to education.The purpose of the paper is to confirm or disprove the hypothesis that legal measures of realization of the right to education that are used in developed foreign countries can be used in Russia to improve Russian educational legislation.The methodology. General scientific methods as analysis, synthesis, induction, deduction, comparison were used. The author also uses the formal legal interpretation of Russian judicial decisions as well as comparative legal method.The main results and scope of the
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Wu, Si cheng. "Climate Change Litigation in China: Barriers and Pathways." E3S Web of Conferences 245 (2021): 02043. http://dx.doi.org/10.1051/e3sconf/202124502043.

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China has been known for its government-oriented method in tackling climate issues, yet the role played by Chinese judiciary in its national response to climate change remains obscure. This article fills the gaps by focusing on the following sub-questions:1) what are the legal barriers and favorable preconditions for the emergence of CCL in China?; 2) if CCL were to occur, what would be the most likely pathway ? An analysis of Chinese legal preconditions reveals that, while some normative and institutional barriers stand in the way, some preconditions have already been satisfied or in the proc
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Ortega Arjonilla, Dr Emilio. "Algunas consideraciones teóricas sobre la enseñanza-aprendizaje de la traducción e interpretación en el contexto universitario." CPU-e, Revista de Investigación Educativa, no. 24 (January 27, 2017): 1–4. http://dx.doi.org/10.25009/cpue.v0i24.2400.

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No resulta fácil conceptualizar lo que entendemos por traducción, sobre todo teniendo en cuenta la evolución espectacular que han experimentado tanto los estudios de traducción e interpretación como la propia práctica de la traducción e interpretación desde mediados del pasado siglo XX hasta nuestros días.Si en 1941 asistimos a la creación del primer centro universitario contemporáneo dedicado a la formación de traductores e intérpretes en la ciudad de Ginebra (ETI de Ginebra, Suiza), algunos años más tarde (1945) presenciamos la creación y utilización de las primeras cabinas de interpretación
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Chi, Nguyen Ngoc, and Nguyen Ngoc Mai. "Judicial Transparency In The Criminal Field In Some Countries And Experiences for Vietnam." VNU Journal of Science: Legal Studies 36, no. 3 (2020). http://dx.doi.org/10.25073/2588-1167/vnuls.4320.

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In many countries, Judicial Transparency in general and in the Criminal Justice in particular are the foundation of judicial activity and the demand of power control in the Criminal Justice. They are also methods of protecting human rights and justice in the case process. Nevertheless, each country has different ways and levels of judicial transparency which are suitable to its characteristics and conditions and establishes a mechanism to assess the transparency for controlling the judicial activities. In some countries, thus, their Judicial Transparency research shall be learned from Vietnam’
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Liu, John Zhuang, Lars Klöhn, and Holger Spamann. "Precedents and Chinese Judges: An Experiment." American Journal of Comparative Law, July 30, 2021. http://dx.doi.org/10.1093/ajcl/avab009.

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Abstract We experimentally study the decision-making process of judges in China, where judges are specifically prohibited from citing prior decisions as the basis for their judgments, and where, in past surveys, most judges explicitly stated that precedent played at most a marginal role in their decisions. In an experiment resembling real-world judicial decision making, we find, however, that precedent seems to have a significant influence on the decisions of the participating Chinese judges. Indeed, judges spend more time reading prior cases than statutes, and they typically read precedents b
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Liu, Xiaowei. "Evaluation of influencing factors of intellectual property protection based on fuzzy analytic hierarchy process." Journal of Intelligent & Fuzzy Systems, April 12, 2021, 1–10. http://dx.doi.org/10.3233/jifs-189910.

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How to measure the level of intellectual property protection has been the focus of academic and practical circles, however, rigorous empirical evidence remains scant. The influencing factors of intellectual property protection are summarized and analyzed, and the evaluation index system of intellectual property protection at the provincial level is constructed with judicial, administrative, pluralistic, and environmental protections as the first-class indicators. The feasibility and reliability of the index system are tested empirically by using the 2019 data of intellectual property protectio
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Wei, Shuai. "Gendered Justice in China: Victim–Offender Mediation as the “Different Voice” of Female Judges." International Journal of Offender Therapy and Comparative Criminology, July 2, 2020, 0306624X2093620. http://dx.doi.org/10.1177/0306624x20936202.

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Attempts to uncover the “different voice” of female judges through testing the statistical significance of judges’ gender in decision making have offered inconsistent results. Meanwhile, a proliferation of research suggests that such “voice” might be detected through qualitative analysis. Existing findings indicate that when female judges have discretionary power regarding case management, they will typically foster a process of settlement. Based on this information, I conducted eight months of fieldwork in China and observed 68 victim–offender mediations in four district courts. I found that
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Cui, Wei, and Zhiyuan Wang. "The Selection of Litigation against Government Agencies: Evidence from China." Review of Law & Economics 13, no. 3 (2017). http://dx.doi.org/10.1515/rle-2016-0054.

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AbstractWe test the relevance of the selection theory of litigation in a contemporary, civil law setting, using Chinese judicial data that span 25 years regarding lawsuits against government agencies. Civil law systems may be characterized by lower costs of litigation and lower rates of settlement than the U.S. legal system, and therefore the presence of selection effects cannot be assumed. We show that selection effects are indeed manifest in Chinese administrative litigation, and suggest that this may be explained by hidden or intangible litigation costs. Our test for selection effects build
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ZHENG, George G. "China’s Grand Design of People’s Smart Courts." Asian Journal of Law and Society, November 13, 2020, 1–22. http://dx.doi.org/10.1017/als.2020.20.

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Abstract While online dispute resolution (ODR) and online courts have become a global phenomenon, China is unique in its way of constructing a “smart-courts” system. This paper argues that the Chinese smart courts are embedded in China’s larger strategy of capturing new opportunities offered by the information and communications technology (ICT) revolution. Adoption of cutting-edge ICT by courts is not an initiative taken by the courts themselves; rather, it is a call from the party-state with strong policy push. The paper also makes two observations on the nature of smart courts in China. One
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Qisheng, H. E. "Chronology of Practice: Chinese Practice in Private International Law in 2019." Chinese Journal of International Law, December 14, 2020. http://dx.doi.org/10.1093/chinesejil/jmaa032.

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Abstract This survey contains materials reflecting the practice of Chinese private international law in 2019. First, this paper describes the judiciary’s caseload: Chinese courts decided some 17,000 foreign-related civil and commercial cases, 16,000 maritime cases and 9,648 requests for judicial assistance in 2019. Regarding changes in the statutory framework of private international law, four legislative acts, one set of Regulations and six Supreme People’s Court (SPC) Judicial Interpretations were adopted or amended in 2019 on investment contracts, action preservation in intellectual propert
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Xia, Yun. "Traitors in Limbo: Chinese Trials of White Russian Spies, 1937–1948." Nationalities Papers, October 28, 2020, 1–17. http://dx.doi.org/10.1017/nps.2020.69.

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Abstract Following the October Revolution, tens of thousands of White Russians sought refuge in China and became inevitably involved in the escalating Sino-Japanese War (1931–1945). The Japanese deployed measures of coercion, material incentives, and ideological indoctrination to recruit White Russians for Japan’s military and political maneuvers in the China theater of WWII. With the conclusion of the war, the Chinese Nationalist government launched a legal campaign against all collaborators with Japan and labeled them hanjian, “traitors to the Han Chinese,” regardless of the race and nationa
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Asen, Daniel. "Forensic Pluralism and the Dead Body in Early 20th-Century China." Academic Forensic Pathology, March 25, 2021, 192536212110025. http://dx.doi.org/10.1177/19253621211002504.

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Modern forensic medicine was introduced into China during the first decades of the 20th century. The members of China’s first generation of medicolegal experts were soon advocating that medical expertise play a greater role in police and judicial officials’ investigations of suspicious death and homicide cases. While forensic reform in China had parallels with developments in other contemporary societies in which physicians were pushing for a greater role in the law, this process unfolded in China in unique ways, against the backdrop of an older tradition of forensic science that had developed
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Ng, Kwai Hang, and Peter C. H. Chan. "“What Gets Measured Gets Done”: Metric Fixation and China’s Experiment in Quantified Judging." Asian Journal of Law and Society, March 5, 2021, 1–27. http://dx.doi.org/10.1017/als.2020.28.

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Abstract This article analyzes the ambitious Case Quality Assessment System (CQAS) that the Supreme People’s Court of China (SPC) promoted during the first half of the 2010s. It offers a case-study of Court J, a grassroots court located in an affluent urban metropolis of China that struggled to come out ahead in the CQAS competition. The article discusses how the SPC quantified judging and the problems created by the metricization process. The CQAS project is analyzed as a case of metric fixation. By identifying the problems that doomed the CQAS, the article points out the challenges facing th
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Watson, Robert. "E-Press and Oppress." M/C Journal 8, no. 2 (2005). http://dx.doi.org/10.5204/mcj.2345.

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 From elephants to ABBA fans, silicon to hormone, the following discussion uses a new research method to look at printed text, motion pictures and a teenage rebel icon. If by ‘print’ we mean a mechanically reproduced impression of a cultural symbol in a medium, then printing has been with us since before microdot security prints were painted onto cars, before voice prints, laser prints, network servers, record pressings, motion picture prints, photo prints, colour woodblock prints, before books, textile prints, and footprints. If we accept that higher mammals such as elepha
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