获得司法正义:向无律师代理的人提供法律援助

本文阐释了获得司法正义的概念及其重要性,检讨了当前中东欧国家法律援助的现实状况,并依据可适用的国际人权公约中关于获得司法正义的标准和一些比较的标准,对中东欧国家的法律援助状况加以分析,进而简要描述了世界上一些国家的法律援助制度,介绍了改进现状的某些可行机制,并就一些在构建和改革法律援助制度过程中可能出现的实际问题展开探讨。     

The Rise of Digital Justice: Courtroom Technology,Public Participation and Access to Justice

This article addresses a little discussed yet fundamentally important aspect of legal technological transformation: the rise of digital justice in the courtroom. Against the backdrop of the government's current programme of digital court modernisation in England and Wales, it examines the implications of advances in courtroom technology for fair and equitable public participation, and access to justice. The article contends that legal reforms have omitted any detailed consideration of the type and quality of citizen participation in newly digitised court processes which have fundamental implications for the legitimacy and substantive outcomes of court‐based processes; and for enhancing democratic procedure through improved access to justice. It is argued that although digital court tools and systems offer great promise for enhancing efficiency, participation and accessibility, they simultaneously have the potential to amplify the scope for injustice, and to attenuate central principles of the legal system, including somewhat paradoxically, access to justice.     

The Regionalisation of Judicial Review: Constitutional Authority,Access to Justice and Specialisation of Legal Services in Public Law

Since April 2009 judicial reviews may be dealt with at regional centres and in Cardiff. This change significantly relaxed the hitherto highly centralised system of judicial review in England and Wales. The main aims were to improve access to public law redress by enabling cases to be listed and heard at the most appropriate regional location. Despite recognition of the need to improve regional access, fears exist that this reform will threaten the standing and authority of judicial review in this jurisdiction; that it will contribute to a fragmentation of judicial review and, in the regions, reduce the quality of public law adjudication, legal advice and representation. Drawing on an empirical study on the regional use of judicial review, this paper assesses these matters and considers the early effects of regionalisation on access to judicial review and the development of regional markets for legal services in public law.     

The Swedish Legal Services Policy Remix: The Shift from Public Legal Aid to Private Legal Expense Insurance

A number of governments in the 1960s and 1970s pursued the goal of equal access to legal services by establishing publicly funded legal aid schemes. Some societies also promoted Legal Expense Insurance (LEI) to fill some of the gaps in legal aid. The recent trend to small government means many societies are keen to experiment further with legal services policy. This article examines one such experiment in Sweden where reforms included major cuts to public legal aid and requiring most people to rely on private LEI. But how well does this policy mix promote equal access to legal services? And are there lessons for other societies? In this article I describe and assess the policy remix. I argue that the reforms are a bold policy experiment but that they had mixed and some undesirable consequences, and that there are few lessons for other societies.     

Access to Justice and Social Inclusion: The Policy Challenges in Wales

Enhancing access to legal and advice services is a central pillar of the Access to Justice Act 1999. Within the new welfare framework, employment rights come increasingly into focus as the UK government seeks to forge a link between welfare and work. Access to the labour market, and being sustained within it, are seen as major mechanisms for combating social exclusion. Discrimination at work can only thwart these ambitions. The Access to Justice reforms imply an assessment of need and a review of the ways in which individuals are negotiating the available system of redress. This article reports on a study of advice provision in employment discrimination cases in Wales, funded by the Legal Services Commission and the Equality Commissions in Wales. Drawing on the accounts of key providers, individual experiences of advice seeking and available statistical evidence, it explores the opportunities and constraints of the Welsh context and profiles many of the policy challenges posed for the devolved administration. It demonstrates that, despite advances in equalities legislation and policy directives aimed at strengthening people's employment rights, a number of critical obstacles remain for the most disadvantaged groups.     

诉权的宪政之维

目前我国的诉权研究视野比较狭窄、法理根基的探讨比较单薄,基于诉权与宪政之间的内在逻辑联系,从宪政的维度更能够厘清诉权的来源、属性与价值,这有助于拓宽诉权的思考空间,深化对诉权的理论研究,凸显加强诉权的宪法保障之重要意义。     

Legal Principles vs. Statutory Ambiguity in Criminal Justice: Lithuanian Court Experience

Criminal Law Forum - In any state where the rule of law is applied, criminal justice serves to guarantee the efficiency and legitimacy of liability and all legally sanctioned coercive measures. Its...     

中国公共信息公开法律制度的特点、问题与发展

公共信息公开制度的产生与经济建设直接联系是中国公共信息公开制度的显著特点。目前这一制度的主要问题为 :公开的观念尚未被社会普遍接受 ;公开的目的不明确 ,范围不确定 ;公开的非规范性 ;公开与否属行政裁量权 ,不接受司法审查 ,等等。为促进公共信息公开的发展 ,应当注意解决以下问题 :明确公开的宪法基础并研究其法理基础 ;完善现行制度 ,为以后的立法积累经验 ;制定公共信息公开法 ,促进并规范公共信息公开。     

The Justice Model in the Juvenile Justice System: Washington State's Experience

In 1977, the Washington State Legislature enacted radical modifications of its juvenile justice code. Explicitly abandoning the parens patriae philosophy of the juvenile justice system, a "justice" philosophy was adopted. Provisions of the law include a determinate sentencing structure, the divestiture of status offenses, greater due process rights for juveniles, and a formalized diversion process which emphasizes accountability rather than treatment. This paper brings together the available research on the implementation of the law to assess how the introduction of a justice approach has influenced equality, fairness, and punishment levels in Washington State's juvenile justice system.     

The Role of Procedural Justice and Legitimacy in Shaping Public Support for Policing

This study explores two issues about police legitimacy. The first issue is the relative importance of police legitimacy in shaping public support of the police and policing activities, compared to the importance of instrumental judgments about (1) the risk that people will be caught and sanctioned for wrongdoing, (2) the performance of the police in fighting crime, and/or (3) the fairness of the distribution of police services. Three aspects of public support for the police are examined: public compliance with the law, public cooperation with the police, and public willingness to support policies that empower the police. The second issue is which judgments about police activity determine people's views about the legitimacy of the police. This study compares the influence of people's judgments about the procedural justice of the manner in which the police exercise their authority to the influence of three instrumental judgments: risk, performance, and distributive fairness. Findings of two surveys of New Yorkers show that, first, legitimacy has a strong influence on the public's reactions to the police, and second, the key antecedent of legitimacy is the fairness of the procedures used by the police. This model applies to both white and minority group residents.     

The Role Of Legal Consciousness and Public Opinion in Fixing Punishment

The Principles of Criminal Legislation of the USSR and the Union Republics provide that the court shall designate punishment for a guilty person within the limits provided in the article of the law stipulating responsibility for the crime committed, taking into account the nature and degree of social danger of the crime committed, the personality of the guilty individual and the circumstances of the case, ameliorating or exacerbating responsibility, being guided therein by a socialist legal consciousness (Art. 32).     

法律视域下农村基本公共服务有效供给探究

供需不均衡、财力投入不足、供给模式单一、效率低下是困扰农村基本公共服务有效供给的主要原因。依法治国方略确立了法律在国民生产和社会生活中的基本规范和根本性的指导作用。透过法律视角,分析基本公共服务供给中产生非均衡和低效这一现象的原因,可以为推进我国农村基本公共服务供给提供一条可行的路径,为此,我们必须从确立城乡一体化、完善相关法律制度、健全实体与程序的法律三方面着手。     

英国法律援助费用控制探析

英国具有发达的法律援助制度,但该制度近年来也面临一些问题,最为突出的是其援助经费投入虽逐年增加却仍无法满足日益增长的法律援助需求。本文着重探讨英国近年来在使用和控制法律援助费用方面的一些改革措施。文章介绍了法律援助经费来源和管理以及费用支出情况,列举了援助费用支出存在的弊端,并在分析有关控制援助费用的改革措施和后续改革尝试的基础上对其效果进行合理性评析。     

To Filter or Not To Filter: The Role of the Public Library in Determining Internet Access

To filter or not to filter-that is the question facing public librarians who are trying to decide whether to install Internet blocking software on computers. The filtering question hinges on the First Amendment, balancing adults' rights to constitutionally protected speech against the protection of minors and determining what materials might be considered harmful to minors. The purposes of this article are to examine the theoretical and practical aspects of blocking Internet content and to analyze the 1998 federal district court's ruling that found a Virginia library's filtering policy was unconstitutional. In addition, this article will review alternatives designed to protect minors and propose a three-pronged solution that both ensures adults' access to constitutionally protected speech and restores decision-making to the family in protecting minors from harm.     

The Embedded Nature of Rural Legal Services: Sustaining Service Provision in Wales

There is a considerable amount of literature on embeddedness as part of sociological theory of economic action. Cultural and structural embeddedness often work together to shape the framework of economic relations, but, in an analysis of rural solicitors, we find unevenness between cultural and structural embeddedness. There are strong traits of the former, through a sense of place and belonging, but much less evidence of the latter with the structural relationships appearing relatively weak and underdeveloped. In a discussion supported by empirical data from a recent survey of rural legal practices in Wales, a number of causes are identified. The paper concludes that trends towards increasingly specialized rather than generalized legal service provision, set alongside the increasingly differentiated nature of rural space, suggest that the longer-term sustainability of rural legal practices may require both greater investment at the level of structural embeddedness alongside continuing reinvestment at the cultural level.