ONE the SUPREME COURT and the MAKING of PUBLIC POLICY in CONTEMPORARY CHINA Eric C. Ip
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A PDF of This Newsletter
November 2006 China Human Rights and Subscribe Rule of Law Update View PDF Version United States Congressional-Executive Commission on China Senator Chuck Hagel, Chairman | Representative Jim Leach, Co-Chairman Message From the Chairmen Reform of the Death Penalty Review Process The Commission commends the recent positive steps that China's leaders have taken to help minimize wrongful executions and provide greater procedural due process to criminal defendants. In September, the Supreme People's Court and Supreme People's Procuratorate issued reform measures that establish concrete guidelines for death penalty appeals. On October 31, the Chinese government passed an amendment that requires all death sentences to be reviewed by the Supreme People’s Court. The new amendment brings the primary law governing China's judiciary into conformity with other laws governing the criminal process and incorporates into law policy goals that the Supreme People's Court established in October 2005, when it issued a new five-year reform program for the Chinese judiciary. As a next positive step, the Commission urges the Supreme People’s Court to give full effect to its October 2005 commitments, by issuing a judicial interpretation to settle unresolved issues in the death penalty review process and to clarify its own procedures for review. Announcements Translation: Reform of the Death Penalty Review Process The Congressional-Executive Commission on China has prepared translations of the Decision on Amending the PRC Organic Law of the People's Courts, issued by the National People’s Congress Standing Committee on October 31, and the Trial Provisions on Several Issues Regarding Court Hearing Procedures in Death Penalty Appeals Cases, jointly issued by the Supreme People’s Court (SPC) and Supreme People’s Procuratorate (SPP) on September 21. -
The Fundamentals of Constitutional Courts
Constitution Brief April 2017 Summary The Fundamentals of This Constitution Brief provides a basic guide to constitutional courts and the issues that they raise in constitution-building processes, and is Constitutional Courts intended for use by constitution-makers and other democratic actors and stakeholders in Myanmar. Andrew Harding About MyConstitution 1. What are constitutional courts? The MyConstitution project works towards a home-grown and well-informed constitutional A written constitution is generally intended to have specific and legally binding culture as an integral part of democratic transition effects on citizens’ rights and on political processes such as elections and legislative and sustainable peace in Myanmar. Based on procedure. This is not always true: in the People’s Republic of China, for example, demand, expert advisory services are provided it is clear that constitutional rights may not be enforced in courts of law and the to those involved in constitution-building efforts. constitution has only aspirational, not juridical, effects. This series of Constitution Briefs is produced as If a constitution is intended to be binding there must be some means of part of this effort. enforcing it by deciding when an act or decision is contrary to the constitution The MyConstitution project also provides and providing some remedy where this occurs. We call this process ‘constitutional opportunities for learning and dialogue on review’. Constitutions across the world have devised broadly two types of relevant constitutional issues based on the constitutional review, carried out either by a specialized constitutional court or history of Myanmar and comparative experience. by courts of general legal jurisdiction. -
China Data Supplement
China Data Supplement October 2008 J People’s Republic of China J Hong Kong SAR J Macau SAR J Taiwan ISSN 0943-7533 China aktuell Data Supplement – PRC, Hong Kong SAR, Macau SAR, Taiwan 1 Contents The Main National Leadership of the PRC ......................................................................... 2 LIU Jen-Kai The Main Provincial Leadership of the PRC ..................................................................... 29 LIU Jen-Kai Data on Changes in PRC Main Leadership ...................................................................... 36 LIU Jen-Kai PRC Agreements with Foreign Countries ......................................................................... 42 LIU Jen-Kai PRC Laws and Regulations .............................................................................................. 45 LIU Jen-Kai Hong Kong SAR................................................................................................................ 54 LIU Jen-Kai Macau SAR....................................................................................................................... 61 LIU Jen-Kai Taiwan .............................................................................................................................. 66 LIU Jen-Kai ISSN 0943-7533 All information given here is derived from generally accessible sources. Publisher/Distributor: GIGA Institute of Asian Studies Rothenbaumchaussee 32 20148 Hamburg Germany Phone: +49 (0 40) 42 88 74-0 Fax: +49 (040) 4107945 2 October 2008 The Main National Leadership of the -
Hong Kong SAR
China Data Supplement November 2006 J People’s Republic of China J Hong Kong SAR J Macau SAR J Taiwan ISSN 0943-7533 China aktuell Data Supplement – PRC, Hong Kong SAR, Macau SAR, Taiwan 1 Contents The Main National Leadership of the PRC 2 LIU Jen-Kai The Main Provincial Leadership of the PRC 30 LIU Jen-Kai Data on Changes in PRC Main Leadership 37 LIU Jen-Kai PRC Agreements with Foreign Countries 47 LIU Jen-Kai PRC Laws and Regulations 50 LIU Jen-Kai Hong Kong SAR 54 Political, Social and Economic Data LIU Jen-Kai Macau SAR 61 Political, Social and Economic Data LIU Jen-Kai Taiwan 65 Political, Social and Economic Data LIU Jen-Kai ISSN 0943-7533 All information given here is derived from generally accessible sources. Publisher/Distributor: GIGA Institute of Asian Affairs Rothenbaumchaussee 32 20148 Hamburg Germany Phone: +49 (0 40) 42 88 74-0 Fax: +49 (040) 4107945 2 November 2006 The Main National Leadership of the PRC LIU Jen-Kai Abbreviations and Explanatory Notes CCP CC Chinese Communist Party Central Committee CCa Central Committee, alternate member CCm Central Committee, member CCSm Central Committee Secretariat, member PBa Politburo, alternate member PBm Politburo, member Cdr. Commander Chp. Chairperson CPPCC Chinese People’s Political Consultative Conference CYL Communist Youth League Dep. P.C. Deputy Political Commissar Dir. Director exec. executive f female Gen.Man. General Manager Gen.Sec. General Secretary Hon.Chp. Honorary Chairperson H.V.-Chp. Honorary Vice-Chairperson MPC Municipal People’s Congress NPC National People’s Congress PCC Political Consultative Conference PLA People’s Liberation Army Pol.Com. -
Journal of Current Chinese Affairs
China Data Supplement March 2008 J People’s Republic of China J Hong Kong SAR J Macau SAR J Taiwan ISSN 0943-7533 China aktuell Data Supplement – PRC, Hong Kong SAR, Macau SAR, Taiwan 1 Contents The Main National Leadership of the PRC ......................................................................... 2 LIU Jen-Kai The Main Provincial Leadership of the PRC ..................................................................... 31 LIU Jen-Kai Data on Changes in PRC Main Leadership ...................................................................... 38 LIU Jen-Kai PRC Agreements with Foreign Countries ......................................................................... 54 LIU Jen-Kai PRC Laws and Regulations .............................................................................................. 56 LIU Jen-Kai Hong Kong SAR ................................................................................................................ 58 LIU Jen-Kai Macau SAR ....................................................................................................................... 65 LIU Jen-Kai Taiwan .............................................................................................................................. 69 LIU Jen-Kai ISSN 0943-7533 All information given here is derived from generally accessible sources. Publisher/Distributor: GIGA Institute of Asian Studies Rothenbaumchaussee 32 20148 Hamburg Germany Phone: +49 (0 40) 42 88 74-0 Fax: +49 (040) 4107945 2 March 2008 The Main National Leadership of the -
Elements of Sociology of the Supreme People's Court
Paper presented at the Conference ”Constitutionalism and Judicial Power in China” (December 12-13 2005, Sciences Po) HIGH TURNOVER AND LOW REPUTATION? ELEMENTS OF SOCIOLOGY OF THE SUPREME PEOPLE’S COURT GRAND JUSTICES (Summary) Hou Meng Department of Sociology, Beijing University This presentation about the Supreme People’s Court (SPC) Grand Justices of the PRC consists of two papers. The first one discusses the high turnover of Grand Justices and the underlying reasons, while the second focuses on the reputation of Grand Justices. Actually, high turnover and low reputation have intrinsic connections. Leaving the Supreme People’s Court: the Turnover of SPC Grand Justices In recent years, SPC has applied judge’s professionalization to all the Courts of China so as to ensure the stabilization of judge group. On the contrary, three Grand Justices have left SPC since 2003. The first one is Zhu Mingsha, the Grand Justice of the first rank and Vice President of SPC, who left for the Committee for Internal and Judicial Affairs of Standing Committee of the National People's Congress (SCNPC) and took the position as its Vice President. The second one is Zhang Jun, the Grand Justice of the second rank, from the Vice President of SPC to Vice Minister of Justice (he came back to SPC in Aug, 2005). The third one is Jiang Bixin, the Grand Justice of the second rank, from the Vice President of SPC to the President of the Higher People’s Court of Hunan Province. What leads to the above inconsistent phenomena? Continual Turnover Leaving the Court is one type of judge turnover. -
A Data Compression Algorithm Based on Adaptive Huffman Code for Wireless Sensor Networks
2011 Fourth International Conference on Intelligent Computation Technology and Automation (ICICTA 2011) Shenzhen, China 28 – 29 March 2011 Volume 1 Pages 1-618 IEEE Catalog Number: CFP1188E-PRT ISBN: 978-1-61284-289-9 1/4 2011 Fourth International Conference on Intelligent Computation Technology and Automation ICICTA 2011 Table of Contents Volume - 1 Preface - Volume 1.....................................................................................................................................................xxv Conference Committees - Volume 1.......................................................................................................................xxvi Reviewers - Volume 1.............................................................................................................................................xxviii Session 1: Advanced Comptation Theory and Applications A Data Compression Algorithm Based on Adaptive Huffman Code for Wireless Sensor Networks .............................................................................................................................................................3 Mo Yuanbin, Qiu Yubing, Liu Jizhong, and Ling Yanxia A Genetic Algorithm for Solving Weak Nonlinear Bilevel Programming Problems ....................................................7 Yulan Xiao and Hecheng Li A Layering Learning Routing Algorithm of WSNs Based on ADS Approach ............................................................10 Wang Zhaoqing and Zhong Sheng A Load Distribution Optimization among -
4.3 Presidential Government
11 MM VENKATESHWARA COMPARATIVE POLITICAL OPEN UNIVERSITY SYSTEMS www.vou.ac.in COMPARATIVE POLITICAL SYSTEMS POLITICAL COMPARATIVE COMPARATIVE POLITICAL SYSTEMS MA [POLITICAL SCIENCE] [MAPS-105] VENKATESHWARA OPEN UNIVERSITYwww.vou.ac.in COMPARATIVE POLITICAL SYSTEMS MA [Political Science] MAPS 105 BOARD OF STUDIES Prof Lalit Kumar Sagar Vice Chancellor Dr. S. Raman Iyer Director Directorate of Distance Education SUBJECT EXPERT Ms. Puppy Gyadi Assistant Professor CO-ORDINATOR Mr. Tauha Khan Registrar Authors Dr Biswaranjan Mohanty: Units (3.3, 6.2, 7.2-7.3) © Dr Biswaranjan Mohanty, 2019 Vikas Publishing House: Units (1, 2, 3.0-3.2, 3.4-3.10, 4, 5, 6.0-6.1, 6.3-6.9, 7.0-7.1, 7.4-7.9, 8, 9, 10) © Reserved, 2019 All rights reserved. No part of this publication which is material protected by this copyright notice may be reproduced or transmitted or utilized or stored in any form or by any means now known or hereinafter invented, electronic, digital or mechanical, including photocopying, scanning, recording or by any information storage or retrieval system, without prior written permission from the Publisher. Information contained in this book has been published by VIKAS® Publishing House Pvt. Ltd. and has been obtained by its Authors from sources believed to be reliable and are correct to the best of their knowledge. However, the Publisher and its Authors shall in no event be liable for any errors, omissions or damages arising out of use of this information and specifically disclaim any implied warranties or merchantability or fitness for any particular use. Vikas® is the registered trademark of Vikas® Publishing House Pvt. -
Issue 1 2013
ISSUE 1 · 2013 NPC《中国人大》对外版 CHAIRMAN ZHANG DEJIANG VOWS TO PROMOTE SOCIALIST DEMOCRACY, RULE OF LAW ISSUE 4 · 2012 1 Chairman of the NPC Standing Committee Zhang Dejiang (7th, L) has a group photo with vice-chairpersons Zhang Baowen, Arken Imirbaki, Zhang Ping, Shen Yueyue, Yan Junqi, Wang Shengjun, Li Jianguo, Chen Changzhi, Wang Chen, Ji Bingxuan, Qiangba Puncog, Wan Exiang, Chen Zhu (from left to right). Ma Zengke China’s new leadership takes 6 shape amid high expectations Contents Special Report Speech In–depth 6 18 24 China’s new leadership takes shape President Xi Jinping vows to bring China capable of sustaining economic amid high expectations benefits to people in realizing growth: Premier ‘Chinese dream’ 8 25 Chinese top legislature has younger 19 China rolls out plan to transform leaders Chairman Zhang Dejiang vows government functions to promote socialist democracy, 12 rule of law 27 China unveils new cabinet amid China’s anti-graft efforts to get function reform People institutional impetus 15 20 28 Report on the work of the Standing Chairman Zhang Dejiang: ‘Power China defense budget to grow 10.7 Committee of the National People’s should not be aloof from public percent in 2013 Congress (excerpt) supervision’ 20 Chairman Zhang Dejiang: ‘Power should not be aloof from public supervision’ Doubling income is easy, narrowing 30 regional gap is anything but 34 New age for China’s women deputies ISSUE 1 · 2013 29 37 Rural reform helps China ensure grain Style changes take center stage at security Beijing’s political season 30 Doubling -
Constitutional Courts Versus Supreme Courts
SYMPOSIUM Constitutional courts versus supreme courts Lech Garlicki* Downloaded from https://academic.oup.com/icon/article/5/1/44/722508 by guest on 30 September 2021 Constitutional courts exist in most of the civil law countries of Westem Europe, and in almost all the new democracies in Eastem Europe; even France has developed its Conseil Constitutionnel into a genuine constitutional jurisdiction. While their emergence may be regarded as one of the most successful improvements on traditional European concepts of democracy and the rule of law, it has inevitably given rise to questions about the distribution of power at the supreme judicial level. As constitutional law has come to permeate the entire structure of the legal system, it has become impossible to maintain a fi rm delimitation between the functions of the constitutional court and those of ordinary courts. This article looks at various confl icts arising between the higher courts of Germany, Italy, Poland, and France, and concludes that, in both positive and negative lawmaking, certain tensions are bound to exist as a necessary component of centralized judicial review. 1 . The Kelsenian model: Parallel supreme jurisdictions 1.1 The model The centralized Kelsenian system of judicial review is built on two basic assu- mptions. It concentrates the power of constitutional review within a single judicial body, typically called a constitutional court, and it situates that court outside the traditional structure of the judicial branch. While this system emerged more than a century after the United States’ system of diffused review, it has developed — particularly in Europe — into a widely accepted version of constitutional protection and control. -
Calendar 2007-2008
CALENDAR 2007–2008 Copyright ©2007 City University of Hong Kong City University of Hong Kong Postal Address: Tat Chee Avenue Kowloon Hong Kong Telephone: (852) 2788 7654 Fax: (852) 2788 1167 City University Homepage URL: http://www.cityu.edu.hk University Motto 校 訓 Officium Et Civitas The first two Chinese words “敬業” suggest the respect for one’s professional knowledge; they encompass the requirement to combine academic professionalism and career ethics as called for in the modern era. The last two words “樂群” emphasize the relationship between the individual and society; they encourage personal growth and development, and advocate group spirit and the need to care for society. Officium et Civitas is the Latin translation of the motto. Officium captures the rich connotations of the word “業” and denotes a high-minded sense of duty, including high office, with a very positive moral connotation. Civitas refers to both town/city and “union of citizens (commonwealth)”, a spirit embraced by the word “群”, which is most appropriate for City University. Vision City University of Hong Kong aspires to be internationally recognized as a leading university in the Asia-Pacific region. Mission The mission of City University of Hong Kong is to nurture and develop the talents of students and to create applicable knowledge in order to support social and economic advancement. 1. The University offers professionally oriented programmes to provide students with quality higher education of international standing. 2. The University strives to create a learning ambience with diverse cultural backgrounds and to enhance students’ acquisition of useful knowledge, communicative skills and analytical abilities through innovative pedagogy and a holistic learning environment. -
Curriculum Vitae YANJIE BIAN (Updated January 2015)
Curriculum Vitae YANJIE BIAN (Updated January 2015) U.S. CONTACT INFORMATION Department of Sociology, University of Minnesota, 267 19th Ave South, Minneapolis, MN 55455. Tel: (612) 624-9554; Fax: (612) 624-7020 Email: [email protected] CHINA CONTACT INFORMATION School of Humanities and Social Science, Xi’an Jiaotong University, 28 West Xian Ning Road, Xi’an, Shaanxi Province, China. Tel: (86-29) 8266-9178/Fax: (86-29) 8266-8281 Email: [email protected] EDUCATION 1990 Ph.D. in sociology, State University of New York at Albany. Thesis: “Work-Unit Structure and Status Attainment: A Study of Work-Unit Status in Urban China,” Advisor: Professor Nan Lin 1984 M.A. in sociology, Nankai University, China. Thesis: “Single-Child Family and Its Socioeconomic Implications,” Advisor: Professor Zelin Wu 1982 B.A. in philosophy, Nankai University, China EMPLOYMENT University of Minnesota, Department of Sociology 2006- Professor of Sociology On sabbatical leave (2009-2010) & unpaid leave (fall 2012) 1991-2000 Assistant (1991-97) and Associate (1997-2000) Professor of Sociology Director of Graduate Studies in Sociology (1999-2000) Joint Faculty of East Asian Studies (1991-present) On sabbatical (1997-98) and unpaid (1998-99) leave at HKUST Xi’an Jiaotong University, China (a summer appointment) 2009- Dean and Professor, School of Humanities and Social Science 2009- Founding Director, Institute for Empirical Social Science Research (IESSR) Hong Kong University of Science and Technology (HKUST), Division of Social Science 1997-2006 Associate Professor