【注释】Zhongguo fa zhi tong shi vol. 9, at 302─303 (Zhang Jinfan, et al. ed. , Beijing: Fa lü chu ban she 1999).
Id. at 303─304.
Hideo Tanaka, et al. ed., the Japanese Legal System 506 (Tokyo: University of Tokyo Press, 1976).
Zhongguo min shi su song fa jiao cheng 25 (Beijing: Ren min fa yuan chu ban she , 1994).
Id.
Id. at 26.
Id. at 26 & 27.
Guan yu fei chu Guomindang liu fa quan shu yu que li jie fang qu de si fa yuan ze de zhi shi .
Xin Chunying, Chinese Legal System & Current Legal Reform 333 (Beijing: China Law Press, 1999).
Guan yu geji ren min fa yuan min shi an jian shen pan cheng xu zong jie .
See supra note 4, at 30. Min shi an jian shen pan cheng xu .
Zuigao renmin fayuan ren min fa yuan shen pan min shi an jian cheng xu zhi du de gu iding (shi xing)《
最高人民法院人民法院审判民事案件程序制度的规定(试行)》was promulgated by the SPC on Feburary 2, 1979 and repealed in 1991.
See supra note 4, at 28─29.
Basic Principles on the Independence of the Judiciary, adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders held at Milan from 26 August to 6 September 1985 and endorsed by General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985, says: “Whereas judges are charged with the ultimate decision over life, freedoms, rights, duties and property of citizens.”
Article 125 of the 1982 Constitution and Article 4 of the Organic Law of the People’s Court (1983) proscribe: “The people’s courts exercise judicial power independently in accordance with law without any interferences from administrative agencies, organizations, or individuals.”
Wang Liming , Si fa gai ge yang jiu 197 (Beijing: Fa lü chu ban she, 2000).
He Weifang , Si fa de li nian he zhi du 122 (Beijing: the Press of the China University of Political Science and Law, 1998) and see also Wang Pang et al., Shen pan du li yu si fa gong zheng 61–62 and 486–489 (Beijing: the Press of the China University of People’s Public Security, 2002).
Wang Liming, supra note 171, at 195.
Item 20 of Ren min fa yuan wu nian gai ge gang yao promulgated by the Supreme People’s Court in 1999.
Id.
Fayuan siji liangshen zhongshen zhi or 法院四级两审终审制.
Article 11 of the Organic Law of the People’s Court of 1954 and Article 12 of the Organic Law of the People’s Courts of 1979 (amended in 1983).
Min shi Su song Fa 75─76 (Jiang Wei et al. eds., Beijing: Zhongguo zheng fa da xue chu ban she , 2000).
See Chapter 14 of the CPL for the Spcial Procedure, Chapter 17 of the CPL for the Procedure for Hastening Debet Recovery, and Chapter 18 of the CPL for the Procedure of Public Summon.
Articles 177─188 of the CPL.
Ren min jian cha yuan zu zhi fa , which was enacted in 1979 and amended in 1983.
Article 129 of the Constitution of 1982 proscribes that the people’s procuracies are the State organs in charge of legal supervison. Article 205 of the Criminal Procedure Law of 1996 and Article 185 of the CPL proscribe how the procuracies should chanllenge judgments or rulings made by courts. Article 64 of the Administrative Litigation Procedure Law (promulgated in 1989 and became effective in October 1990) authorizes the people’s procuracies with such a power.
Article 186 of the CPL.
The Statistical Table of Civil and Adiministrative Protests Filed by All Procuracies in 2002 , published in Zhongguo fa lü nian jian at 1325 (Beijing: Zhongguo fa lü nian jian she , 2003).
Ren min jian cha yuan min shi xing zheng kang su an li xuan published by China Law Press since 1999.
Supra note 20, at 255.
Article 2 of the CPL.
Art. 152 of the CPL. Art. 58 of the Several Rules of the Supreme People’s Court on Evidence in Civil Procedures promulgated on December 21, 2001 also provides: “The judges and the parties may question the witnesses.”
Zhong Jainhua & Yu Guanghua, Establishing the Truth on Facts: Has the Chinese Civil Process Achieved this Goal? 13 J. of Transnational Law & Policy 401─4026 (Spring 2004).
Zhongguo min shi su song fa jiao cheng 160 (Beijing: the People’s Court Press, 1994).
Art. 65 of the CPL.
Zhong Jainhua & Yu Guanghua, Establishing the Truth on Facts: Has the Chinese Civil Process Achieved this Goal? 13 J. of Transnational Law & Policy 400 (Spring 2004).
Id. Footenote 45.
Articles 7─8 of the Resolution of the Standing Committee of the NPC on the Perfection of the People’s Assessor System (Quan guo ren min dai biao da hui chang wu wei yuan hui guan yu wan shan ren min pei shen yuan zhi du de jue ding《
全国人民代表大会常务委员会关于完善人民陪审员制度的决定》) promulgated on August 28, 2004.
Id. Art. 9.
Id. Art.11.
“When deliberating a case, a collegial bench shall observe the principle of minority obeying majority.” Art. 43 of the CPL.
Confucius said: “The Superior Man actualizes the mean, the inferior man goes against it.” in the Doctrine of the Mean . Yu Tzu said, “Of the things brought about by the rites, harmony is the most valuable.” in the Analects .
The Provisional Organic Regulation on the People’s Conciliation Committee .
The Statistical Table of the People’s Mediation General Status in 1989 , published in Zhongguo fa lü nian jian .
Art. 6 of the Organic Regulation on the People’s Conciliation Committee.
Id. Art. 9.
The Statistical Table of 2002 Civilian Dispute Mediation at 1336; the Statitical Table of 2002 Nation-wide Civil and Commercial Cases Adjudicated by Courts of the First Instance , published in Zhongguo fa lü nian jian at 1320.
The statistics of this table are complied from the statistical tables of the civil, economic, and commercial cases adjudicated by the Chinese courts of the first instance and the statistical tables of the civil cases mediated by the People’s Conciliation Committees, which were published in 1987, 1993, 1998, and 2003 Law Yearbook of China (Chinese version) respectively.
The Provisional Organic Regulation of the People’s Courts , the Provisional Organic Regulation of the Supreme Procuracy , and the Organic Regulation of Local Procuracies at All Levels of the PRC, promulgated in 1951, all failed to mention any qualifications about judges and prosecutors respectively. Article 34 of the 1979 Organic Law of People’s Courts of the PRC only proscribed that any Chinese citizens who were twenty-three year old or older and have the right to vote and to be voted could be qualified for adjudicators. But, the 1979 Organic Law of People’s Prosecuracy and its 1983 amendment were still silence about qualifications for prosecutors.
Si fa gong zhen yu si fa gai ge 369 (Chen Weidong ed., Beijing: Zhongguo jian cha chu ban she, 2002).
Article 2 of the Provisional Measure of the National Judicial Exam (2001).
Art.6 of the Provisional Civil Procedure Law of 1982.
Art.9 of the CPL.
The statistics of this table are complied from the statistical tables of the civil, economic, and commercial cases adjudicated by the Chinese courts of the first instance, which were published in 1991, 1993, and 2002 Law Yearbook of China (Chinese version) respectively.
Limin , Wo guo xian xing tiao jie zhi du de bi duan yu gai ge , available at http://article.chinalawinfo.com/article/user/article_display.asp?ArticleID= 23945 (this article was written and published on Chinalawinfo in 2003, last visited 4/1/05).
Art.15 of the CPL.
Zhong guo min shi su song fa jiao cheng 52 (Beijing: the People’s Court Press, 1994).
Id. at 52─53.
Art.58 of the CPL.
Art.70 of the CPL.
Art.73 of the CPL.
Art.79 of the CPL.
Art.103 of the CPL.
The Special Maritime Procedure Law of the PRC was adopted at the 13th meeting of the Standing Committee of the 9th session of the National People’s Congress of China (NPC, legislator) on the 25th of December 1999.
The Decision of The Standing Committee of The National People''scongress on the Establishment of Maritime Courts in Coastal Port Cities was passed on Nov. 14, 1984.
KX Li & CWM Ingram, Maritime Law and Policy in China 1 (London: Cavendish Publishing, 2002).
Id.at 2&42.
The Maritime Law of the PRC was enacted by the Standing Committee of the NPC on November 7, 1992 and became effective on July 1, 1993.
Supra note 62, at 2. For the list of international maritime conventions adopted by the PRC,see Table 2 of Maritime Law and Policy in China at 43.
The Rule of the SPC on the Jurisdiction of the Maritime Court promulgated on May 13, 1989, which was superceded by the Several Rules of the SPC on the Jurisdiction of the Maritime Courts promulgated on August 9, 2001.
Item 2 of the Resolution to Enhance the Work of Legal Interpretation The Opinion on Several Issues of Enforcing the Provisional Civil Procedure Law Zui gao ren min fa yuan guan yu min shi su song zheng ju de ruo gan gui dingor was passed at the 1201st meeting of the Judicial Committee of the SPC on December 6, 2001, and are hereby promulgated for implementation as of April 1, 2002.
Zui gao ren min fa yuan guan yu su song dai li ren cha yue min shi an jian cai liao de gui ding or adopted at the 1254th meeting of the Judicial Committee of the Supreme People’s Court on November 4, 2002 and promulgated on November 15, 2002.
Zui gao ren min fa yuan guan yu shi yong jian yi cheng xu shen li min shi an jian de ruo gan gui ding or promulgated by the SPC on July 4, 2003.
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