Inquisitorial Adjudication and Institutional Constraints in Chinese Civil Justice

Based on participatory observations of trials and extensive interviews with judges, this article examines the operation patterns of the civil justice process in China and explores the underlying reasons behind. It finds that, despite the reform efforts placing more responsibility on the litigants, the Chinese civil proceeding remains largely inquisitorial. The decline of out‐court investigation is evident, yet judges rely on a limited form of cross‐examination aimed to obtain oral testimony that can be used to justify a decision. This kind of judge‐initiated questioning becomes an inexpensive substitute for the previously labor‐intensive court investigation. The article further argues that the judges do not adjudicate based on whatever evidence presented by the litigation parties, a change mainly attributed to the institutional constraints to which the judges are subject. They respond to the incentives by handling cases efficiently with the minimum possibility of reversal and complaint. The article concludes by offering theoretical implications on the study of comparative legal process more generally.     

电针夹脊穴通过磷酸化p38 MAPK信号通路对大鼠炎性痛阈的影响

目的 观察电针夹脊穴对炎性疼痛大鼠痛阈的影响,从信号转导的角度探讨针灸镇痛的机制. 方法 采用经典的完全弗氏佐剂性关节炎疼痛模型,观测电针刺激对大鼠痛阈的影响,采用免疫组织化学法测定各组大鼠背根神经节(doral root ganglion, DRG)内磷酸化p38丝裂原活化蛋白激酶(phosphorylation-p38 mitogen activated protein kinase, p-p38 MAPK)的含量,采用蛋白印迹法测定DRG内辣椒素受体1(vanilloid receptor 1, VR1)含量. 结果 电针刺激影响大鼠DRG内p-p38 MAPK和VR1含量,并可提高炎性疼痛大鼠的痛阈,降低p38 MAPK受体阻断剂提高后大鼠的痛阈. 结论 电针影响炎性疼痛的机制与p38 MAPK-VR1信号通路密切相关.