Another high-profile miscarriage of justice was reported recently by the media in China, highlighting widespread issues concerning torture and other police malpractices within the Chinese criminal justice system. Drawing from analysis in my book on the Construction of Guilt in China, this Note outlines the key drawbacks of the Chinese criminal process which contribute to wrongful convictions, namely that none of the legal institutions exhibits the autonomy to check the credibility of the evidence impartially. Alongside the problems caused by miscarriages of justice, they are also indicative of the symptoms of a weak criminal justice system, thereby opening up opportunities for future reforms. Keywords: miscarriages of justice; China; criminal justice; case construction.
{"title":"Miscarriages of Justice and the Construction of Criminality in the People’s Republic of China","authors":"Y. Mou","doi":"10.14296/AC.V2I2.5258","DOIUrl":"https://doi.org/10.14296/AC.V2I2.5258","url":null,"abstract":"Another high-profile miscarriage of justice was reported recently by the media in China, highlighting widespread issues concerning torture and other police malpractices within the Chinese criminal justice system. Drawing from analysis in my book on the Construction of Guilt in China, this Note outlines the key drawbacks of the Chinese criminal process which contribute to wrongful convictions, namely that none of the legal institutions exhibits the autonomy to check the credibility of the evidence impartially. Alongside the problems caused by miscarriages of justice, they are also indicative of the symptoms of a weak criminal justice system, thereby opening up opportunities for future reforms. \u0000Keywords: miscarriages of justice; China; criminal justice; case construction.","PeriodicalId":50867,"journal":{"name":"Advances in Computers","volume":"37 9 1","pages":"261-267"},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78330453","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"计算机科学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Elizabeth Fisher, Jeff King and Alison L Young eds—The Foundations and Future of Public Law: Essays in Honour of Paul Craig","authors":"P. Birkinshaw","doi":"10.14296/AC.V2I2.5255","DOIUrl":"https://doi.org/10.14296/AC.V2I2.5255","url":null,"abstract":"","PeriodicalId":50867,"journal":{"name":"Advances in Computers","volume":"9 1","pages":"237-243"},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84066188","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"计算机科学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The volume of disputes heard by United States (US) courts containing a China element continues to be robust even against a backdrop of political rhetoric concerning an economic ‘decoupling’ of the US and China. These cross-border disputes often involve Chinese parties and special issues, some of which concern Chinese business culture, but many of which involve interpreting questions of Chinese law. How is proving Chinese law accomplished in these cases and how have US courts performed in interpreting Chinese law? This article first discusses the approach to proving Chinese law in US courts. While expert testimony is often submitted and can be valuable to a US court, the applicable US rule offers no standards by which these opinions are to be judged. And, in the China context, without specific guidance, it can be challenging for a judge, unaccustomed with China or the Chinese legal system to determine which version of the law to believe. Moreover, under the applicable rule, the US court can simply ignore competing Chinese law opinions and conduct its own Chinese law legal research, presumably using English language sources. This can lead to interesting interpretations of Chinese law to say the least. The article anchors its discussion in an examination of those recent cases which have interpreted Article 277 of the Civil Procedure Law of the People’s Republic of China. This is the legal provision of Chinese law that can be implicated in certain situations involving cross-border discovery, and there are now numerous Article 277 cases among the reported US decisions. The article analyses Article 277 by placing it within the larger context of Chinese civil procedure and argues that the language used in the provision has a special meaning 1 American lawyer in private practice. Visiting Scholar, East Asian Legal Studies Center, University of Wisconsin Law School, August to 31 December 2020. Special thanks to Professor Ohnesorge and the staff of the East Asian Legal Studies Center. 189 Proving Chinese Law in the Courts of the United States Winter 2021 within Chinese evidence law that has been obscured in those US case decisions interpreting it, leading to erroneous results. The article concludes by offering judges and practitioners some suggestions for interpreting Chinese law in future US cases.
{"title":"Proving Chinese Law in the Courts of the United States","authors":"Richard K Wagner","doi":"10.14296/AC.V2I2.5253","DOIUrl":"https://doi.org/10.14296/AC.V2I2.5253","url":null,"abstract":"The volume of disputes heard by United States (US) courts containing a China element continues to be robust even against a backdrop of political rhetoric concerning an economic ‘decoupling’ of the US and China. These cross-border disputes often involve Chinese parties and special issues, some of which concern Chinese business culture, but many of which involve interpreting questions of Chinese law. How is proving Chinese law accomplished in these cases and how have US courts performed in interpreting Chinese law? This article first discusses the approach to proving Chinese law in US courts. While expert testimony is often submitted and can be valuable to a US court, the applicable US rule offers no standards by which these opinions are to be judged. And, in the China context, without specific guidance, it can be challenging for a judge, unaccustomed with China or the Chinese legal system to determine which version of the law to believe. Moreover, under the applicable rule, the US court can simply ignore competing Chinese law opinions and conduct its own Chinese law legal research, presumably using English language sources. This can lead to interesting interpretations of Chinese law to say the least. The article anchors its discussion in an examination of those recent cases which have interpreted Article 277 of the Civil Procedure Law of the People’s Republic of China. This is the legal provision of Chinese law that can be implicated in certain situations involving cross-border discovery, and there are now numerous Article 277 cases among the reported US decisions. The article analyses Article 277 by placing it within the larger context of Chinese civil procedure and argues that the language used in the provision has a special meaning 1 American lawyer in private practice. Visiting Scholar, East Asian Legal Studies Center, University of Wisconsin Law School, August to 31 December 2020. Special thanks to Professor Ohnesorge and the staff of the East Asian Legal Studies Center. 189 Proving Chinese Law in the Courts of the United States Winter 2021 within Chinese evidence law that has been obscured in those US case decisions interpreting it, leading to erroneous results. The article concludes by offering judges and practitioners some suggestions for interpreting Chinese law in future US cases.","PeriodicalId":50867,"journal":{"name":"Advances in Computers","volume":"42 1","pages":"188-215"},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88244628","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"计算机科学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Nadja Alexander and Shouyu Chong (2019) The Singapore Convention on Mediation —A Commentary","authors":"Ling Zhou","doi":"10.14296/AC.V2I2.5260","DOIUrl":"https://doi.org/10.14296/AC.V2I2.5260","url":null,"abstract":"","PeriodicalId":50867,"journal":{"name":"Advances in Computers","volume":"22 1","pages":"290-293"},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72799296","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"计算机科学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Medical negligence is an important issue in China today, threatening to undermine the party-state policy objectives of social stability and the right to health, thus requiring effective solutions. China’s response includes a dispute resolution regime for issues of medical negligence, structured as a bifurcated administrative and court regime and supplemented by mediation. This Note examines this dispute resolution regime, its difficulties and possible ways of reform. More specifically, it explores whether the current assignment of liability is appropriate when considered in the context of the system’s relationship to the policy objective of social stability and suggests that social stability may be more efficiently achieved by greater utilization of preventative measures. Keywords: medical negligence; medical disputes; China; mediation; social stability; right to health.
{"title":"Medical Negligence Dispute Resolution in China","authors":"Cedric Tang","doi":"10.14296/AC.V2I2.5259","DOIUrl":"https://doi.org/10.14296/AC.V2I2.5259","url":null,"abstract":"Medical negligence is an important issue in China today, threatening to undermine the party-state policy objectives of social stability and the right to health, thus requiring effective solutions. China’s response includes a dispute resolution regime for issues of medical negligence, structured as a bifurcated administrative and court regime and supplemented by mediation. This Note examines this dispute resolution regime, its difficulties and possible ways of reform. More specifically, it explores whether the current assignment of liability is appropriate when considered in the context of the system’s relationship to the policy objective of social stability and suggests that social stability may be more efficiently achieved by greater utilization of preventative measures. \u0000Keywords: medical negligence; medical disputes; China; mediation; social stability; right to health.","PeriodicalId":50867,"journal":{"name":"Advances in Computers","volume":"35 1","pages":"268-289"},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88172806","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"计算机科学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Private securities litigation has been very weak since the establishment of China’s stock market some 30 years ago. A new law on securities took effect in March 2020 and introduces some reformist changes to this area. This article will examine the likely effect of the new Securities Law on this form of litigation. In particular, it will examine China’s most celebrated ‘quasi-class action’ system, i.e. Special Representative Litigation. This procedure is borrowed from Taiwan’s non-profit organization model. The essay argues that, since the new Securities Law has made only limited efforts in addressing the primary reason for the weak private securities litigation, namely, lack of judicial independence, it is unlikely to make any significant changes to private securities litigation in China.
{"title":"Old Wines in New Bottles? Private Securities Litigation in China’s New Securities Law","authors":"Ding Chen","doi":"10.14296/AC.V2I2.5252","DOIUrl":"https://doi.org/10.14296/AC.V2I2.5252","url":null,"abstract":"Private securities litigation has been very weak since the establishment of China’s stock market some 30 years ago. A new law on securities took effect in March 2020 and introduces some reformist changes to this area. This article will examine the likely effect of the new Securities Law on this form of litigation. In particular, it will examine China’s most celebrated ‘quasi-class action’ system, i.e. Special Representative Litigation. This procedure is borrowed from Taiwan’s non-profit organization model. The essay argues that, since the new Securities Law has made only limited efforts in addressing the primary reason for the weak private securities litigation, namely, lack of judicial independence, it is unlikely to make any significant changes to private securities litigation in China.","PeriodicalId":50867,"journal":{"name":"Advances in Computers","volume":"33 1","pages":"169-187"},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73556702","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"计算机科学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Online dispute resolution (ODR) simulation workshops are designed to provide students with a virtual learning environment that empowers our students to gain legal and digital skills for their readiness in future employment. Students are invited to act as complainants, opponents and arbitrators/mediators to resolve a real-life case in a team-based, student-centred and research-informed teaching and learning environment. The ODR simulation workshops have been conducted by the author among both undergraduate and postgraduate law students since 2007 at Brunel University and other places. This ongoing project was initially funded by the Nominet Trust in 2010. Throughout these years, ODR simulation workshops have been well-received by students from different cultures, particularly where English is not their first language. Students were asked to conduct online arbitration or mediation hearings and submit arbitral awards and mediation settlements, as well as delivering technical observation notes and group presentations after the process. This article promotes the use of ODR simulation to effectively enhance students’ learning experience, legal skills (i.e. critical thinking, legal reasoning, problem-solving skills) and digital skills. It puts ODR simulation into the context of the shift in teaching approaches in the digital age and explains how modern legal education can be shaped to prepare for digital lawyering. Keywords: online dispute resolution; online arbitration; digital literacy; digital empowerment; artificial intelligence; digital lawyering; flexible learning; team-based learning; student-centred learning, research-informed teaching.
{"title":"Online Dispute Resolution Simulation","authors":"F. Wang","doi":"10.14296/AC.V2I2.5254","DOIUrl":"https://doi.org/10.14296/AC.V2I2.5254","url":null,"abstract":"Online dispute resolution (ODR) simulation workshops are designed to provide students with a virtual learning environment that empowers our students to gain legal and digital skills for their readiness in future employment. Students are invited to act as complainants, opponents and arbitrators/mediators to resolve a real-life case in a team-based, student-centred and research-informed teaching and learning environment. The ODR simulation workshops have been conducted by the author among both undergraduate and postgraduate law students since 2007 at Brunel University and other places. This ongoing project was initially funded by the Nominet Trust in 2010. Throughout these years, ODR simulation workshops have been well-received by students from different cultures, particularly where English is not their first language. Students were asked to conduct online arbitration or mediation hearings and submit arbitral awards and mediation settlements, as well as delivering technical observation notes and group presentations after the process. This article promotes the use of ODR simulation to effectively enhance students’ learning experience, legal skills (i.e. critical thinking, legal reasoning, problem-solving skills) and digital skills. It puts ODR simulation into the context of the shift in teaching approaches in the digital age and explains how modern legal education can be shaped to prepare for digital lawyering. \u0000Keywords: online dispute resolution; online arbitration; digital literacy; digital empowerment; artificial intelligence; digital lawyering; flexible learning; team-based learning; student-centred learning, research-informed teaching.","PeriodicalId":50867,"journal":{"name":"Advances in Computers","volume":"1 1","pages":"216-236"},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83628480","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"计算机科学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Keywords: human rights; Universal Periodic Review; China; Xinjiang; Hong Kong.
关键词:人权;普遍定期审议;中国;新疆;香港。
{"title":"Human Rights, China and the UN","authors":"M. Burnay, E. Pils","doi":"10.14296/AC.V2I2.5256","DOIUrl":"https://doi.org/10.14296/AC.V2I2.5256","url":null,"abstract":"Keywords: human rights; Universal Periodic Review; China; Xinjiang; Hong Kong.","PeriodicalId":50867,"journal":{"name":"Advances in Computers","volume":"17 1","pages":"244-254"},"PeriodicalIF":0.0,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89784333","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"计算机科学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Deuda externa y crisis de la COVID-19: la respuesta del G20 y las claves para 2021","authors":"J. Azcona","doi":"10.33960/AC_04.2021","DOIUrl":"https://doi.org/10.33960/AC_04.2021","url":null,"abstract":"","PeriodicalId":50867,"journal":{"name":"Advances in Computers","volume":"58 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-02-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75628588","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"计算机科学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"El derecho a la ciencia: una visión desde la Comunidad Iberoamericana","authors":"Mikel Mancisidor","doi":"10.33960/AC_03.2021","DOIUrl":"https://doi.org/10.33960/AC_03.2021","url":null,"abstract":"","PeriodicalId":50867,"journal":{"name":"Advances in Computers","volume":"56 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87647772","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"计算机科学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：