scholarly journals Smart Courts: The Expansion of Technology in the Chinese Judicial System

2020 ◽  
Author(s):  
Jingjing Hao ◽  
MENG CHEN

In recent Covid-19 outbreak Chinese informationized judicial system provides reliable and efficient alternative platform for disputes resolution and judicatory justice. This article presents a comprehensive and in-depth examination of the Chinese judicial system’s efforts and achievements in informatizing the judicial process.

2020 ◽  
Author(s):  
Jingjing Hao ◽  
MENG CHEN

In recent Covid-19 outbreak Chinese informationized judicial system provides reliable and efficient alternative platform for disputes resolution and judicatory justice. This article presents a comprehensive and in-depth examination of the Chinese judicial system’s efforts and achievements in informatizing the judicial process.


2021 ◽  
Vol 11 (2) ◽  
pp. 205-225
Author(s):  
V.V. MOVCHAN

The article reveals the theoretical aspects of administrative legal proceedings, as one of the forms of the exercise of judicial power, the features and significance of the administrative judicial process in the mechanism of protecting the rights and freedoms of man and citizen, the analysis is given of the constitutional foundations of the human rights function of the judiciary, its essence and content, procedural actions. The author reveals the historical aspects of the formation and development of judicial protection in Russia, oreign experience and models of administrative justice are considered, the importance of administrative proceedings in the implementation of the human rights function of the judiciary in the Russian Federation when considering disputes with the participation of public authorities and citizens and the exercise of the rights, freedoms and legitimate interests of citizens is revealed. The author substantiates the advantages of the judicial administrative process as a procedural form of implementation of the human rights function of the judiciary and the implementation of the constitutional right to judicial protection, analyzes the reform of the judicial system of the judicial system, the creation of courts of appeal and cassation in the system of arbitration and general jurisdiction, substantiates the conclusion that the reform of the system of courts of general jurisdiction created organizational and judicial framework for the specialization of judges and court proceedings, the system of institutional intra-system control of the legality and validity of judicial acts, institutionally and functionally ensured the implementation of the human rights function of the judiciary and the availability of judicial protection in the system of courts of general jurisdiction.


Author(s):  
Lisa M. Holmes

The American judicial system is not a static, simple, or mechanical entity. Rather, it is a complex organization that is developed and staffed in response to changing caseload and societal pressures through a process that is inherently political. The key personnel who help the judiciary function bring varied backgrounds and perspectives with them that influence the work they do. As is the case with any political system, understanding American politics and policy making requires an understanding of the judiciary’s role in the American political system. In addition, on a daily basis, courts function to resolve disputes. While most cases have little direct impact on American policy or society broadly speaking, the resolution of these cases is important to those who turn to the courts of law to resolve their disputes.


2011 ◽  
Vol 5 (1) ◽  
pp. 202-220
Author(s):  
Juanita Van der Walt ◽  
Rose Luke

One of the cornerstones of the judicial process is the presentation of evidence in a court of law. The integrity of evidence is vital to reassure the courts that the correct procedures were followed throughout all the processes it was subjected to. In South Africa, the Forensic Science Laboratory (FSL) in Pretoria analyses and stores evidence. The storage facility within the FSL should contribute to the prevention of evidence contamination or degradation thereby also leading to improved service quality and output to its customers. The proper delivery of evidence can lead to the conviction of suspects and to the freedom of the innocent. This study investigates the storage facilities at the FSL to determine whether these are appropriate to ensure the integrity of evidence throughout all the processes it goes through and to recommend actions to continue to add value to the judicial system.


2011 ◽  
pp. 114-124
Author(s):  
P. Kryuchkova

The article is devoted to the influence of the judicial system on the competition development in Russia. The role of the judicial system in forming acceptable standards of proof in antitrust cases, in decreasing uncertainty in the antitrust law implementation is discussed. The issue of possible increase of the role of antitrust law private enforcement is also discussed. The article argues that the influence of the judicial system on antitrust law implementation and competition is ambiguous. On the one hand, there are some positive effects from decreasing uncertainty in the law implementation, rather high standards of proof in the majority of antitrust cases, really adversary character of the judicial process. On the other hand, the judicial authorities position on some issues, for instance qualification of tacit collusion, has turned for the worse. The serious problem is lowering the standards of proof in some politically committed cases.


2019 ◽  
pp. 143-169
Author(s):  
Julie E. Cohen

This chapter explores changes in institutions and processes for dispute resolution. The gradual but accelerating movement to informational capitalism has confronted the judicial system with two large and interrelated problems: a proliferation of asserted harms that are intangible, collective, and highly informationalized; and an unmanageably large and ever-increasing number of claimants and interests. Emergent responses to those problems reflect the ascendancy of managerial ideologies about the nature of effective governance and the universe of feasible institutional strategies and practices. The managerial turn reinforces the traditional emphasis on concrete, individualized claims and frames dispute resolution problems as problems of production at scale to be addressed using techniques for input sorting and supply chain management. The judicial system—conceived throughout the industrial era as a monolithic dispenser of one-size-fits-all justice—is being reconceived and re-engineered along streamlined and diversified lines that are optimized to the interests of powerful information-economy actors.


2022 ◽  
Vol 5 (1) ◽  
pp. 1-24
Author(s):  
Charles Baker

Abstract This article aims to combine a literary and a detailed linguistic approach to the “trial scene” in the Shield of Achilles. Legal historians attempt to reconstruct a judicial system, encountering textual issues and incompatibilities. Ekphrasis is rarely mentioned, and writings on ekphrasis rarely treat the trial scene in detail when discussing the Shield. A close reading, underpinned by the theory of ekphrasis, is able to address these difficulties. This passage describes a series of alternative dispute solutions, rather than a coherent judicial process. This presentation argues that this makes the passage central to the poetics of the Shield, not an outlier.


Russian judge ◽  
2020 ◽  
Vol 10 ◽  
pp. 41-45
Author(s):  
Irina V. Vorontsova ◽  
◽  
Yulia A. LuKonyna ◽  

The article reveals the definition of the artificial intelligence through the prism of the information law and modern trends in the development of the new generation technologies in the judicial system of Russia and the most digitally developed foreign countries. The artificial intelligence is seen as a virtual assistant, designed not to replace the judge, but to become an aider for him, capable of performing simple automatic operations that make up the judicial process.


Author(s):  
Olena Gulac ◽  
◽  
Viktor Ladychenko ◽  
Liudmyla Golovko ◽  
◽  
...  

The scientific paper is devoted to the study of the legal doctrine and regulatory framework for the formation and functioning of the institution of jury in the judicial system of Ukraine. The article analyzes the features of the introduction of the jury trial in the legislation of Ukraine, the experience of the functioning of this institution of legal proceedings in foreign countries in accordance with its main models in the world legal practice. The introduction of the jury is seen as one of the most democratic steps in reforming the judicial system, the advantages of which lie in the use of collegiality, reduced risk of miscarriages of justice, greater independence, nationality, publicity, and increased adversariality in the judicial process. The advantages and disadvantages of introducing a jury trial are formulated. Proposals for improving the legislation of Ukraine are presented. Particular attention is paid to the state of legislative support for the jury, guarantees and obstacles to its functioning in the legal realities of Ukraine. It has been established that in order to optimize the institution of the jury, it is necessary to change the legislation in terms of ensuring guarantees of the jury's activities, to increase the range of court proceedings that can be considered by the jury, to involve specialists in professional training of the jury, and the like. It has been proven that thanks to the participation of representatives of the people in the administration of justice, judicial proceedings become more transparent and open.


2018 ◽  
Vol 7 (2) ◽  
pp. 57-61
Author(s):  
Balam Singh Dafauti

In Indian scenario, we are still in the transformation phase from manual to electronic data processing. We are in balanced combination of simple, moral, responsive and transparent governance and IT tools and techniques. However a lot of scope is still there to do more and to imply IT in various governmental departments and domains. In the same sequence we can use artificial intelligence along with cloud computing to improve Indian Judicial system. Or we can say that the concept of e-courts can be enhanced by implying AI tools and techniques. The judiciary is in the early stages of a transformation in which AI (Artificial Intelligence) technology will help to make the judicial process faster, cheaper, and more predictable without compromising the integrity of judges’ discretionary reasoning. In this paper I have proposed a solution where judicial system with AI contributes to a process that encompasses such a wide range of knowledge, judgment, and experience. It have two more practical goals: producing tools to support judicial activities, including programs for intelligent document assembly, case retrieval, and support for discretionary decision-making; and developing new analytical tools for understanding and modeling the judicial process.


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