The Communist Judicial System in China, 1927-1976

2021 ◽  
Author(s):  
Qiang Fang
Keyword(s):  
Political Campaigns ◽  
Mao Zedong ◽  
Judicial System ◽  
Court Cases ◽  
Legal Norms ◽  
Judicial Archives

Drawing on hundreds of newly released judicial archives and court cases, this book analyzes the communist judicial system in China from its founding period to the death of Mao Zedong. It argues that the communist judicial system was built when the CCP was engaged in a life-or-death struggle with the GMD, meaning that the overriding aim of the judicial system was, from the outset, to safeguard the Party against both internal and external adversaries. This fundamental insecurity and perennial fear of loss of power obsessed the Party throughout the era of Mao and beyond, prompting it to launch numerous political campaigns, which forced communist judicial cadres to choose between upholding basic legal norms and maintaining Party order. In doing all of this, The Communist Judicial System in China, 1927-1976: Building on Fear fills a major lacuna in our understanding of communist-era China.

COURT CASES AND LEGAL ARGUMENTS IN ENGLAND, c.1066–1166

2000 ◽  
Vol 10 ◽  
pp. 91-115 ◽  
Author(s):  
John Hudson
Keyword(s):  
Legal History ◽  
Court Cases ◽  
Direct Link ◽  
Norman Conquest ◽  
Legal Norms ◽  
Royal Power ◽  
Legal Reforms ◽  
Anglo Norman ◽  
Legal Arguments ◽  
The Relationship

AbstractTHE relationship between law, the power of participants in disputes, and the structure of society and politics is always a complex one. It is also, not surprisingly therefore, controversial in writings on jurisprudence, modern law, and legal history. In this paper I argue for the importance of legal norms in the conduct of disputes in England in the period between the Norman Conquest and the early Angevin legal reforms. This importance is certainly related to the extent of Anglo-Norman royal power. However, in a wider context I shall argue against any necessary, simple, and direct link between political structure and the existence and influence of legal norms.

Reputational Assault: A Critical and Historical Analysis of Gender and the Law of Defamation

1998 ◽  
Vol 75 (1) ◽  
pp. 98-111 ◽  
Author(s):  
Diane L. Borden
Keyword(s):  
Historical Analysis ◽  
Women's History ◽  
Judicial System ◽  
Court Cases ◽  
Men And Women ◽  
State Statutes ◽  
Women's Experience ◽  
Time Periods ◽  
The Law ◽  
The U.S

This article looks at the manner in which the U.S. judicial system treats men and women differently in terms of reputational harm. It explores a variety of state statutes that encode such differences as well and places both court cases and legislative enactments in the context of the development of women's history. It shows that women's reputations are generally discussed in terms of virtue, while men's reputations are cast in terms of honor. The article shows how the women's experience with the law of defamation is quite different from the experience of men in two time periods.

scholarly journals The Position of Military Justice to the Indonesian Judiciary System

2021 ◽  
Vol 04 (11) ◽  
Author(s):  
Budi Pramono ◽  
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Fourth Amendment ◽  
Judicial System ◽  
Judicial Power ◽  
Military Justice ◽  
Legal Norms

The main problem in this paper is how the position of military justice in the Indonesian judicial system with the issuance of Article 3 paragraph (4) Letter (a) of MPR Decree Number: VII / MPR / 2000, which explains that Indonesian National Military submit to the power of military justice in cases of lawlessness. military and submit to the general court for violations of general criminal law. This research is a type of juridical normative research that bases positive legal norms using statutory, conceptual and comparative approaches. The position of Military Justice in the Indonesian judicial system is part of the judicial power which has a strong and unquestionable position, because it is not against the constitution and is still in the corridor of the legal system in Indonesia, which is stated in Article 24 Paragraph (2) of the Fourth Amendment of the 1945 Indonesian Constitution as the constitution. state, and more emphasized in Article 18 of Law Number 48 of 2009 concerning Judicial Power.

Pawned Horses: Risk and Liability in Fourteenth Century German Small-Credit Market

2021 ◽  
Vol 27 (4-5) ◽  
pp. 387-409
Author(s):  
Aviya Doron
Keyword(s):  
Fourteenth Century ◽  
Credit Market ◽  
Court Cases ◽  
Legal Norms ◽  
Risks And Benefits

Abstract Many Jewish-Christian credit transactions relied on pawns as collateral, which presumably eliminated the risk in the case of debtors’ default. However, keeping and maintaining certain pawns involved particular risks that further complicated these transactions. This paper focuses on live pawns, specifically horses, where the safekeeping of the animal involved far greater difficulties and risks than with other valuable objects that were pawned with Jews. By tracing how legal norms and practices addressed some of the unique risks attached to receiving horses as pawns, this article will outline the expectations both Jews and Christians had when engaging in credit transaction secured by horses. Relying on responsa literature, urban legislation, and court cases from the late thirteenth to mid-fourteenth centuries, this analysis will discuss some of the complications relating to liability over live pawns, with the goal of demonstrating how a specific type of pawn, and its unique risks and benefits, reflects previous assumptions and expectations regarding risk and trust.

scholarly journals Fatwa Sebagai Rujukan dan Autoriti di Mahkamah Sivil Malaysia

2018 ◽  
Vol 11 (1) ◽  
pp. 1-25
Author(s):  
Mohd Kamel Mat Salleh ◽  
Mohd Al Adib Samuri ◽  
Mohd Izhar Ariff Mohd Kashim
Keyword(s):  
Analytical Methods ◽  
Islamic Law ◽  
Civil Law ◽  
Judicial System ◽  
Court Cases ◽  
Court Ruling ◽  
Civil Court ◽  
Civil Courts ◽  
Court Document

Abstract States Enactment of Islamic Religious Administration provides that fatwa is recognized in Malaysian civil court. The recognition of fatwa allows the civil court judges to refer to the fatwa for any case put on trial. However, the position of fatwa and mufti’s opinion as authority in the civil court requires further clarification. This paper will explain the authority of fatwa in  Malaysian civil court. Document analytical methods on court cases will be used to identify whether the issued  mufti’s opinion and fatwa are really taken as reference and become authoritative in Malaysian civil court. The study found that most cases in the civil courts referred and accepted the fatwa issued by  fatwa institutions. Study findings explain the position of fatwa that helps the judges to resolve disputes in the civil courts, especially for cases that involve the Islamic law. Reference of fatwa in civil court ruling is likely due to inability of judges to resolve disputes that  involve the Islamic law. For fatwa that is not taken as reference, it could possibly be that the judges tend to overlook on the importance of fatwa for they view that written civil law are much more relevant and applicable. This study is important to present fatwa as an authoritative source of law in the judicial system in Malaysia, in fact the influence of fatwa transcends the civil court that is secular in nature. Keyword(s): Fatwa, Authority, Court, Civil ABSTRAK Enakmen Pentadbiran Agama Islam Negeri-Negeri memperuntukkan bahawa fatwa diiktiraf di mahkamah sivil Malaysia. Ini membolehkan hakim merujuk kepada fatwa dalam kes yang dibicarakan. Namun, kedudukan fatwa dan pendapat mufti sebagai autoriti di mahkamah sivil masih memerlukan penjelasan. Artikel ini akan mengemukakan sudut pandang keautoritian fatwa dalam penghakiman di mahkamah sivil. Method analisis dokumen terhadap kes-kes mahkamah akan digunakan bagi mengenal pasti sama ada pandangan mufti dan fatwa yang dikeluarkan itu benar-benar menjadi rujukan dan berautoriti di mahkamah sivil Malaysia. Dapatan kajian menunjukkan sebahagian kes di mahkamah sivil merujuk dan menerima fatwa yang dikeluarkan oleh institusi fatwa di negara ini. Ini menjelaskan kedudukan fatwa yang membantu para hakim dalam menyelesaikan pertikaian di mahkamah sivil terutamanya jika pertikaian itu melibatkan hukum syarak. Rujukan fatwa di mahkamah sivil berkemungkinan kerana ketidakmampuan hakim menyelesaikan pertikaian yang melibatkan hukum syarak. Terdapat juga fatwa yang tidak dirujuk berkemungkinan hakim berpandangan tiada keperluan untuk merujuk kepada fatwa memandangkan undang-undang bertulis sivil lebih relevan dan terpakai. Kajian ini penting bagi menggambarkan kedudukan fatwa sebagai sumber hukum yang berautoriti dalam sistem peradilan di Malaysia malahan pengaruhnya merentasi mahkamah sivil yang sekular. Kata Kunci :  Fatwa, Autoriti, Mahkamah, Sivil.

scholarly journals OPTIMALISASI PENYELESAIAN SENGKETA MELALUI MEDIASI DI PENGADILAN

2019 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Dian Maris Rahmah
Keyword(s):  
Supreme Court ◽  
Negotiation Process ◽  
Judicial System ◽  
Mediation Process ◽  
Court Cases ◽  
Civil Court ◽  
The Supreme Court

<p><strong>ABSTRAK</strong></p><p>Mediasi dalam kaitan pengintegrasiannya dalam sistem peradilan sebagaimana termaktub dalam Pasal 1 butir 1 Peraturan Mahkamah Agung (PERMA) No. 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan adalah cara penyelesaian sengketa melalui proses perundingan untuk memperoleh kesepakatan para pihak dengan dibantu oleh Mediator. Mediasi wajib ditempuh sebagai instrumen untuk mengurangi penumpukan beban perkara perdata di Pengadilan. Penelitian ini bertujuan untuk mendapatkan kejelasan tentang proses pelaksanaan mediasi di pengadilan yang meliputi tahapan-tahapan mediasi dan pemberdayaan pelaksanaan mediasi dalam pengurangan perkara, kendala yang dihadapi serta upaya mengatasinya. Penelitian ini bersifat deskriptif analitis dengan menggunakan pendekatan yuridis normatif. Hasil penelitian menunjukan bahwa pada kenyataannya, mediasi dalam penyelesaian sengketa perdata di pengadilan dirasa tidak optimal karena seringkali hanya dilakukan untuk memenuhi formalitas saja sehingga masih banyaknya perkara yang gagal di mediasi. Proses pelaksanaan mediasi di pengadilan meliputi beberapa tahapan yaitu tahapan pra mediasi, tahapan proses mediasi dan tahapan akhir proses mediasi yang memungkinkan mediasi berhasil atau tidak berhasil. Penyebab tidak optimalnya mediasi yaitu karena keterbatasan tenaga mediator, fasilitas, dan kurangnya dukungan dari para pihak. Akan tetapi ada upaya yang dapat dijalankan agar mediasi dapat berjalan efektif yaitu dengan kriteria penentuan mediator yang professional dan memiliki kemauan yang tinggi <em>(willingness)</em> untuk mengajak para pihak berdamai. </p><p><strong>K</strong><strong>at</strong><strong>a kunci</strong>: mediasi; pengadilan; penyelesaian sengketa; perkara perdata; perdamaian.</p><p> </p><p><strong><em>ABSTRACT</em></strong> </p><p><em>Mediation in relation to the integration in the judicial system as stipulated in Article 1 point 1 of the Supreme Court Regulation (PERMA) No. 1 of 2016 concerning Procedures for</em><em>,</em><em> </em><em>m</em><em>ediation in Courts, is a way of resolving disputes through the negotiation process to obtain an agreement of the Parties assisted by the </em><em>m</em><em>ediator. Mediation must be taken as an instrument to reduce the accumulation of civil court cases. This study aims to get clarity about the process of conducting mediation in the court which includes the stages of mediation and empowerment of the implementation of mediation in reducing cases, obstacles faced by the court and efforts to overcome them. This research is descriptive analytical using a normative juridical approach. The results showed that in reality, mediation in settling civil disputes in court is considered ineffective because in many cases mediation is often only done to fulfill formalities so there are still many cases that fail at </em><em>m</em><em>ediation. The process of conducting </em><em>m</em><em>ediation in the court includes several stages, namely the pre-mediation stage, the stages of the mediation process and the final stages of the mediation process that result in a successful or unsuccessful mediation. The cause of mediation is not optimal due to limited mediator resources, facilities, and lack of support from the parties. However, there are efforts that can be implemented so that the implementation of </em><em>m</em><em>ediation can run effectively, namely by criteria for determining professional mediators and must have a willingness to invite parties to reconcile</em><em>.</em></p><p><strong><em>K</em></strong><strong><em>e</em></strong><strong><em>y</em></strong><strong><em>words</em></strong><em>: </em><em>c</em><em>ivil </em><em>c</em><em>ase; </em><em>c</em><em>ourt; </em><em>d</em><em>ispute </em><em>r</em><em>esolution; </em><em>m</em><em>ediation; </em><em>r</em><em>econciliation</em><em>.</em></p><p> </p>

scholarly journals The Publication of Texts of Judicial Acts on the Internet as a Mechanism of Transparency Principle Implementation

Russian judge ◽  
2020 ◽  
Vol 10 ◽  
pp. 36-40
Author(s):  
Konstantin S. Ryzhkov ◽  
Keyword(s):  
Information Technologies ◽  
Judicial System ◽  
The Internet ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Modern Information ◽  
Court Proceedings

Ensuring openness and publicity of legal proceedings is one of the most important tasks facing the judicial system. At the same time, the development of modern information technologies requires improving mechanisms for informing about the results of the consideration of cases, including through the publication of texts of judicial acts on the Internet. As part of the study, the effectiveness of existing legislation in this area was analyzed. The author concluded that it is necessary to reduce the time for the placement of texts of judicial acts adopted by the courts in civil and administrative court proceedings. In addition, this article proposes changes to existing legal norms in terms of reducing and specifying cases in which a judicial act cannot be posted on the Internet or is not fully posted.

About Categories of Judicial Cases Arising in the Course of State Control (Supervision's) and Municipal Control

2020 ◽  
Vol 9 ◽  
pp. 14-24
Author(s):  
A. I. Stakhov ◽  
Keyword(s):  
Reference Point ◽  
Comprehensive Analysis ◽  
Court Cases ◽  
State Control ◽  
Legal Norms ◽  
Judicial Practice ◽  
Administrative Proceedings

Оn the basis of a comprehensive analysis of legal norms that induce (display) independent categories of administrative cases assigned to the competence of courts, significant shortcomings in the categorization of cases of administrative offenses assigned to the competence of arbitration courts are revealed. The author substantiates the allocation of a system of typed categories of administrative and tort court cases arising in the course of state control (supervision) and municipal control. The proposed proposals on the separation and categorization of administrative and tort cases arising in the course of state control (supervision) and municipal control are proposed to be used as a scientifically based reference point in optimizing judicial practice, as well as administrative proceedings in cases of administrative offenses.

scholarly journals Autobiography of Arjia Rinpoche as a Source on the Tibetan History

2019 ◽  
pp. 595-609
Author(s):  
Irina R. Garri ◽  
Keyword(s):  
Publishing House ◽  
The United States ◽  
Political Campaigns ◽  
Mao Zedong ◽  
Contemporary History ◽  
Cultural Center ◽  
Religious Reform ◽  
Eastern Tibet ◽  
History Of ◽  
Chinese State

The article analyzes the life and activities of Arjia Rinpoche, director of the Tibetan-Mongolian Cultural Center in Bloomington, in the context of the contemporary history of China and its ethnic minorities. Arjia Rinpoche is the former abbot of an influential Buddhist monastery Kumbum in Eastern Tibet and the incarnation of Tsongkhapa's father, its founder. In addition to his high religious position, he held important posts in the system of Chinese state power. However these regalia notwithstanding, in 1998 Arjia-Rinpoche fled the country with great risk to his life and became a powerless refugee. In 2010 Arjia-Rinpoche’s autobiography was published in the United States in English. In 2013 its extended and revised edition (571 p.) was published in Chinese. The author of this article has translated the book in the Russian and it awaits publication in the “Buryad-Mongol Nome” publishing house. The article analyzes Arjia Rinpoche’s autobiography as an important source on ethnography and history of the Tibetans and Mongols of the PRC and their relationship with the Chinese state. The life and activities of Arjia Rinpoche are studied in the context of contemporary history of the PRC. Arjia Rinpoche himself has divided his life into eight-year cycles. Each loosely corresponds to a certain stage in the history of the PRC. There are six cycles since Arjia Rinpoche’s birth in 1950 to his escape from the PRC in 1998. At the age of two he was recognized as reincarnation of Arjia Rinpoche, abbot of the Kumbum monastery. At the age of eight, religious reform in the monastery cardinally changed his life and he went through vicissitudes of political campaigns and the Cultural Revolution in the two successive cycles. With the beginning of the socio-political and economic reforms initiated after the death of Mao Zedong in 1978, he became the head of Kumbum and grew involved in politics. In 1995, in the last period of his life in the PRC, there was a big conflict between the PRC government and the Dalai Lama over recognition of the 11th incarnation of the Panchen Lama. In order to legitimize their chosen candidate, the authorities suggested that Arjia-Rinpoche become his religious teacher. In reaction to that, the lama made his secret escape from the country. The author concludes that Arjia Rinpoche is one of the most important religious and political figures in Tibet, and his autobiography is one of the most valuable and reliable sources on ethnography and history of Tibet and China in general.

scholarly journals Administrative offenses in the field of traffic in Germany

2020 ◽  
pp. 22-27
Keyword(s):  
Legal System ◽  
Judicial Review ◽  
Judicial System ◽  
European Countries ◽  
Court Cases ◽  
Judicial Process ◽  
Conceptual Approach ◽  
Foreign Countries ◽  
Administrative Jurisdiction

Introduction. The quality of justice depends on the peculiarities of the judicial process, in one way or another the opinion of the population about the judicial system is formed. This fact actualizes the need for research on the organization of court cases in foreign countries. However, it should be noted that a unified conceptual approach to the organization of litigation has not yet been developed. The automatic transfer of one of the world's existing models into the domestic judicial system can hardly be effective: any legal institute must organically fit into the already existing legal system. At the same time, the study of models of organization of trials of progressive European countries is necessary, since some of their elements can be borrowed and implemented in Ukraine today. The purpose of the paper is the analysis of the peculiarities of consideration of cases of administrative offenses in the field of traffic in Germany. Results. The experience of Germany shows that judicial review of administrative offenses in the field of traffic is conducted only if the offender (interested person) decides to appeal against the decision of the administrative jurisdiction to apply sanctions. In turn, to prevent the delinquent delinquency of administrative cases in the field of traffic, the courts are empowered to change the sanctions of administrative jurisdictions in the direction of increasing them, in addition, the court may reclassify the offense into a crime (during the case). Conclusion. The German legislature's approach to the organization of the trial and the circumstances of the case compels the offenders to pay the fine in the pre-trial proceedings. In this regard, the German judicial system is not overloaded with cases of this category, unlike the domestic judicial system.

Sign in / Sign up

Export Citation Format

Share Document