She Xianglin''''s Case:Criminal Justice Needs Human Rights Protection

On the morning of April 13, 2005, the Jingshan County People's Court in Hubei Province reheard the case of She Xianglin charged withdeliberate murder and declared him inno- cent. The judge told She that he may apply for state compensation after the final judg- ment came into effect according to the State Compensation Law of the People's Repub- lic of China. The court proceeding ended the wronged case for which She had paid a price of 3,995 days behind bars and his family had endured long…     

Judicial Protection of Human Rights:More Effective

The Chinese government pays special attention to promoting and ensuring human rights according to law. In 2001, the NPC standing committee reviewed 30 bills, revised the trademark law, the copyright law, the marriage law and the trade union law and adopted Amendment Ⅲ to the criminal law in the light of terrorist activities. The judge law and the procuratorator law have changed the system for the appointment of judges and procurators and for acquiring the qualifications of lawyers. The revised laws provide for a unified     

On Legal Protection of Human Rights for the "Underprivileged"

Questions related to inclusion ofhuman rights into the Constitution andlegal protection of human rights meritstudy in real earnest by those engaged inhuman rights studies.China's Constitution is unique inmany ways, and so is the protection ofhuman rights under China's legal system.In my opinion, this should be the focus ofour study.The Constitution, of whatever versionpublished since the birth of New China in1949, is meant to protect human rights inall aspects—political, economic, socialand…     

Important Guarantee for Judicial Justice——Huang Jin on Improving Judicial Protection for Human Rights

<正>The Decision on Certain Issues on Comprehensively Deepening the Reform,which was endorsed by the Third Plenary Session of the 18th Central Committee of the Communist Party of China(CPC),advocates im-proving judicial protection for human rights,making human rights protection one of the practical measures for imple-menting the principle of respecting and ensuring human rights,and making improvement of the judicial protection of human rights an important part of comprehensively deepening the reform.Prof.Huang Jin,president of the China University of Political Science and Law,was interviewed by the journal.     

Protection of Human Rights in China＇s Judicial Proceedings

In recent years, China has madeeye-catching achievements inimproving its legal system,including its legislation on pro-tection of human rights, thanks toimplementation of the state strategy ofrunning the country in accordance withthe law. The people's cou…     

International Seminar on Criminal Penalty Execution and Human Rights Protection

An International Seminar onCriminal Penalty Execu-tion and Human RightsProtection was held inKunming, capital of Yun-nan Province from November 28-29,2005. Sponsored by the ChineseSupreme People's Procuratorate, theUNDP, the Norway Parliament Admin-istrat…     

New Realms and New Highlights in the Legal Protection of Human Rights——Theoretical and Practical Innovations in the Legal Protection of Human Rights Since the 18th CPC National Congress

<正>Since the 18 th National Congress of the Communist Party of China(CPC),the system for the legal protection of human rights under socialism with Chinese characteristics has experienced innovative development.In particular,the Decision on Certain Key Issues on Comprehensively Deepening Reform,which was adopted by the Third Plenary Session of the 18th CPC Central Committee,     

China''''s Legal Assistance System:Important Judicial Guarantee For Human Rights

On July 21. 2003. Chinese Premier Wen Jiabao signed the State Council Order No. 385, making public the Regulations of the People's Republic of China on Legal Assistance. The Regulations has 31 articles in six chapters. The document came into effect on September 1, 2003. This is the first national law on legal assistance in China. The purpose of enacting the law is to ensure that citizens in financial difficulty could get necessary law service and the     

Judicial Reform in Interest of Human Rights

In performing its duties, the Chinese Government has always followed the principle of "governing the country in the interest of the people," and attached importance to respect for and protection of human rights to which the Chinese people are entitled. Social and economic conditions for protecting human rights have kept improving over the past two decades, in step with the constant growth of the national strength under the state policy of reform and opening up to the outside world. Moreover, the 15th Congress of the Chinese Communist Party established "rule of law" as the fundamental principle for governance of the country and called for a judicial reform to better protect the legitimate rights and interests of the Chinese people. Judicial organs across the country have yielded positive results in implementing the principle and the reform.     

刑事司法与人权保障

刑事司法在惩治犯罪与保障人权两项主要功能时要找准惩罚与保障的平衡点并保持较小振幅;在实体人权保障要求与程序人权保障要求发生冲突时,应首先满足程序人权保障要求,同时争取达到或接近二者动态、相对同等实现的目标。完善刑事司法中的人权保障机制,应当树立平衡观,坚持从公平正义、宽严相济、惩保并重、合理适度、刑事和解、协调有序等方面构建刑事司法和谐。     

Judicial Justice --Huang Jin on Improving Judicial Protection for Human Rights

The Decision on Certain Issues on Comprehensively Deepening the Reform, which was endorsed bythe Third Plenary Session of the 18th Central Committee of the Communist Party of China （CPC）, advocates improving judicial protection for human rights, making human rights protection one of the practical measures for implementing the principle of respecting and ensuring human rights, and making improvement of the judicial protection of human rights an important part of comprehensively deepening the reform. Prof. Huang Jin, president of the China University of Political Science and Law, was interviewed by the journal.     

Judicial Power and Human Rights Protection

Since the very purpose of a state that gains power is to maintain social order and increase people’s interests, the state is entitled to mete out punishment for any violations of public order or any offenses to the community. This is the minimum obligation of a state to protect its people. From the perspective of the operation of state power, a despotic state takes executive power as its core. Executive power is not only the power that kick-starts, but also the power that has the final say. Since parliamentary     

Promote Legal Protection of Human Rights

One. On the constitutional principle for human rights In March 2004, the Constitution of the People's Republic of China was revised at the Second Session of the Tenth National People's Congress (NPC). The clause that "The state shall respect and protect human rights" was written into the Constitution for the first time, thus making the policy of the Chinese government and the ruling Communist Party for respecting and protecting human rights a constitutional principle and the will of the people and the state. The revision means stronger protection for human rights in China, and it is meant to promote the development of the country's human rights cause in its     

论刑事审前程序的独立价值——以犯罪嫌疑人权利保障为视角

我国刑事审前程序尚未走上“正当程序”之路，其根源在于刑事诉讼程序本身的合法性未受重视，犯罪嫌疑人权利保障缺失，刑事审前程序的独立价值无法实现。我国应确立刑事正当程序模式，解决刑事审前程序中独立价值与工具价值的冲突，完善人权保障机制，实现刑事审前程序的独立价值。为此需要树立“审判中心主义”观念，转变侦查机关的职能，适当限制公安机关在侦查阶段所起的作用，建立非法证据排除规则，平衡控、辨双方力量，给予犯罪嫌疑人基本的人道待遇。     

Chinese Chief Justice on Human Rights Protection in Administration of Justice

On the codification of human rights protection at the Second Session of the10th National People's Congress, XiaoYang described it as an "important mile-stone in human rights development in Chi-na," adding that it marked a deeper under-standing of how to protect human rights by the Constitution and law and it is of great significance in directing the work of the people's courts. The people's courts under take the important tasks of protecting the personalrights, democratic rights, property r…     

论加大从源头上实现刑事司法公正的力度

刑事司法公正有其特定的内涵,从程序公正上说,其源头是沉默权制度的诞生。要从源头上实现刑事司法公正,必须：１．杜绝刑讯逼供;２．确立适合中国国情的“抗供权”制度;３．确立首判至要的思想,提高原审的公正程度和效率。     

Human Rights and Liberalization of Judicial and Legal System in Uzbekistan

1.Introduction Today's Uzbekistan with its 25 million populations geographically and politically presents the basis of Central Asia.One of the most ancient civilizations in the world was born in this region.The great Silk Road passed through its territory in the past.The history of my nation is deeply rooted in the centuries and counts more than 3,000 years.From the ancient times such cities as Tashkent,Samarkand, Bukhara,Khiva,Termez are well known in the world and their links were spread from China to Spain and from Europe to Indian Ocean.