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Guangdong court of the civil trial the matters rel
Compile / Dou Yonggang lawyer Guangdong Provincial Higher People of Guangdong high ( 2012)Law No. 240 issued on thecomplete province civil trial summary of conference of job of complete province to inform the people ,the Guangzhou maritime court ,Guangzhou Railway Transportation Court in two levels :the Quan Shengmin trials meeting minutes issued to you ,please actual conscientiously execution .
Any problem encountered in the implementation ,please timely report the province court civil tribunal .Two June 26th one or two summary of conference of job of complete province civil trial to 25 days on April 23, 2012 ,Guangdong Province Higher People in Huizhou province held meeting of job of civil trial .
The people in charge of civil trial work ,vice president Civil Tribunal (including real estate ,labor disputes and accidents Tribunal ) president attended the meeting .Through discussion ,comrade attending the meeting to the civil trial in the presence of a number of specific issues and made many comments and suggestions ,forming the following summary of :A ,on the real estate dispute case ( a ) on the contract validity question 1 toaccurately understand and applicable laws ,administrative laws ,according to the maintenance of the validity of the contract .
Property law article 191st paragraph second is not on the mortgaged property transfer contract of mandatory provisions ,the parties to the transfer of the mortgaged real estate only without the consent of the mortgagee for, ask for confirmation of the assignment contract ,not support .
The assignee for mortgage registration without crossing unable to handle the property transfer registration requests rescission of the contract, the assignee shall be supported ;requests the transfer shall bear the corresponding civil liability ,Christian Louboutin Ireland,should consider the factors such as the degree of fault treatment .
2 the parties shall conclude acontract after the transfer of real estate ,the real estate to be closed down lawfully, cannot because of the immovable property was seized and deny the transfer of contract law ,but the assignee for cancelling the contract and damages ,can be supported .
Buyer request any seller in the solution prior to transfer registration ,the people should consult their interpretation may change his claim to rescind the contract or in solution for transfer registration ;the buyer does not adhere to the change ,dismissed the claims .
3 estate was to look after the transfer ,the parties entered into the real estate contract ,can be determined and effective .But the transfer contract in the real estate registration for transfer formalities before releasing the invalid clauses .
The seller can not meet the performance of the contract, the buyer demands the termination of the contract ,it shall be supported ;the buyer for the seller to continue to perform the contract and in the immovable solution for transfer registration ,it shall be supported .
The seller intentionally conceals the immovable quarantined the fact and others signed the transfer contract ,the buyer requests rescission of contracts for the transfer ,it shall be supported .
4 the lessorfails to obtain a permit for the construction project or not in accordance with the license of construction project planning provides for the construction of housing and tenant of a lease contract ,the parties to the administrative department for Industry and Commerce has approved the housing establishments on the grounds that the lease contract ,according to the Supreme People on the trial of urban housing lease contract disputes several issues of concrete application of law interpretation of the provisions of article second ,the people .
5 the lessorwithout the approval of the competent administrative department change housing purposes ,and the lessee a lease contract ,the parties request confirmation of lease contract ,according to the Supreme People on the trial of urban housing lease contract disputes interpretation of several issues of concrete application of law provisions of article eighth, the people .
The party demands the termination of the contract ,it shall be supported .The 6 housing contracts of saleor lease contract for house building standards have agreed, in agreement with the agreement violation ;such as urban and rural planning law forty-fifth ,construction law sixty-first ,fire thirteenth laws ,administrative laws ,should maintain the clause is invalid ,but does not affect other parts of the effectiveness of contract .
Seller commercial housing should meet the basic safety conditions and the buyer requirements ,specific to grasp the standard can review the housing elevator ,hydropower ,gas ,whether can be normal use .
( two) on the acquisition in good faith question 7 person to transferregistration in its name in the real estate is not in accordance with the law or the parties have agreed to the transfer conditions ,if the transferee is bona fide, and paying a reasonable price and have been handling real estate transfer registration ,can according to property law 106thClause 1 the regulations.
( three) on the housing sale contract of 8commercial housing sales contracts agreedby teaching construction area calculation unit ,public places and public housing allocation construction area of the construction costs into the area comprising the construction of sales price ,no longer separate valuation ,such as the delivery of housing construction area of less than the contract ,the seller should be in accordance with the supreme people the trial court commercial housing sales contracts dispute case applicable legal interpretation fourteenth shall bear the liability for breach of contract .
The amount of compensation may refer to specific as follows :Calculation of total price / ( set inside area + assessed area )
|Tuesday, 17-Jul-2012 05:22
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Recommend a good constitutional monographs - Profe
The / book / Jane / dielectric recently China has experienced there was no parallel in history. The transfer of political power, and establish a constitutional government history past milepost .
In the glorious achievements of constitutionalism in China ,and on the operation ,is still full of problems emerge in an endless stream .Investigate its reason ,in our constitution education ,people generally lack of constitutional knowledge and concept .
With this knowledge ,the book takes the way of explain profound theories in simple language ,christian louboutin,writing different themes of the Constitution in thirty ,a brief description of the basic concept and theory of the constitution ,and deliberates the theory new development ,according to the reality of constitutional questions ,try to put forward a new point of view .
This book can lead researchers a constitution school Austrian beauty can also provide the constitution of some new thoughts on the opportunity ,for aspiring constitutionalist indispensable books .
Encoder / Ser / push / recommended the Constitution and constitution ,the importance of a constitution ,to create a national blueprint two ,personally interested problems II ,constitutional characteristics ,easy entry into hard two ,both broad and profound ,amiable and easy of approach and three stake in political law reference ,learning method and essentials of the Constitution one ,recognize the constitutional norms and the realistic difference two ,hold liberal democratic values three ,keep the scientific attitude ,the importance of the four historical and comparative constitutional law ,the constitutional field of second basic concepts of constitution a constitution ,constitution ,the concept of the concept of ambiguity two ,main way of defining concept of constitution three ,the concept of constitution ,constitutional significance of the constitution ,classification of a traditional classification two ,new classification parameter ,the constitutional norms special ?Br / > A ,protect the basic human rights of the fundamental law of two ,the highest law lecture 3 constitution andnational ,national concept and its origin ,Nike Air Jordan Shoes,the constitution .
With the constitutional right to participation ,democracy and constitutionalism ,the constitutionalism development Wu ,conclusions - constitutional thoughts evolve fourth talk human dignity ,Christian Louboutin Ireland,a constitution for the basic standpoint and the value decision ,two human dignity advocates in the constitution of our country under the positioning reference ,human dignity ,meaning and connotation negative definition two ,positive definition three ,human dignity and absolute four ,dynamics of human dignity ,human dignity .
The security requirements specified in fifth national sovereignty ,democracy in a right meaning and structure ,the concept of sovereignty in two ,national sovereignty and national sovereignty ,national sovereignty of the three structure ,the national sovereignty and democracy ,direct democracy and indirect democracy two ,ginseng ,representation of contemporary national sovereignty ,national sovereignty is a fluctuation phenomenon of national sovereignty ,two modern topic sixth about human rights thought and history ,louboutin,a concept of human rights ,human rights ,meaning a two human traits ,The evolution of the Universal Declaration of human rights ,human rights and a history of the development of human rights in two ,ginseng ,boundaries ,the guarantee of human rights and a human rights safeguard way ,the boundaries of human rights two seventh the main body of human rights ,human rights a meaning of subject ,the human rights body ,natural person ,legal person and two unincorporated organization human rights subject qualification ginseng ,human rights ,National Human Rights Obligations Subject as objects of the exercise two ,third person effect problem for human rights ,objects of the exercise and the third person effect problem eighth equal rights ,equal principle of law and a special ?Br / > 2,the content of the right to equality ,equal absolute and relative equality two ,mechanical equal and proportional equality ,equality and three form a drop ?Br / > four ,equality of socialization and real Qian ?Br / > ginseng ,equal rights stipulated in the law construction ,equal right to enjoy the equal protection of the main body two ,range three ,individual differences ,the prohibition of equal protection and the reasonable difference treatment ,state of facts is Unfavorable factors exist ,in order to pursue a drop of two real Rong ? profileXue Kang ?Br / > three ,the inclined plaque matters watch need round Yong e four ,social common sense allows, not because of reverse discrimination ,the formation of a new inequality Wu ,equal right of judicial protection its boundaries ninth inner spiritual freedom ( a ) one ,inner spiritual freedom in the constitutional rights of the location of a lineage ,basic rights pedigree and inner spiritual freedom two ,inner spiritual freedom features three ,inner spiritual freedom ,Louboutin,freedom of conscience ,the importance of the thought ,thought ,freedom of conscience ,the significance of the two thought of freedom of conscience ,the security connotation in China three ,on the thought of freedom of conscience ,religion and the security situation ( beliefs ) ,religious freedom ( beliefs ) free security scope and limitations of the separation of church and state two ,principle three ,our religious freedom to all kinds of problems about inner spiritual freedom ( tenth ,two ) .
Academic freedom ,academic freedom and autonomy of a university the calendar History development and the origin of two ,academic freedom ,academic freedom and coverage of three main body four ,the restriction of academic freedom ,the university autonomy ,university autonomy ,University Autonomy in the range of two three ,the main university autonomy limit of four ,our country in the past, academic freedom and university autonomy status and future task eleventh speak external performance ( a ) - free speech ,assembly ,association ,a speech freedom of expression theory ,two external speech freedom of expression and speech content ,the scope and limitations ,libel or slander others speech two ,obscene ,proposition three by illegal means to overthrow the government of speech and press ,four obstruction of justice trial published in the speech ,speech performance situation and restricted freedom of expression ,content may lead to the consequences of the two ,expression that is a group of consideration ,use three street as a public forum ,conclusion twelfth speak right Wu external manifestations of freedom (two ) - the news media and the new Freedom of the press ,news ,the freedom of the media ,new task the media business establishment, management ,journalism ,beyond the current status of the new right ,interview rights (a right of access ) two ,the press can hide information ( a right to withhold information ) three ,larger adversarial search form ,right .
Recent media rights Wu ,conclusions - back to speech freedom of expression thirteenth personal freedom ,personal freedom ,meaning and scope of the judicial monism ginseng ,at the market ,system of living ,freedom of migration Wu ,conclusion fourteenth economic freedom limit and protection of the right of economic freedom ,the content and variation the content and origin ,economic freedom ,economic freedom right of the two distortion of two ,the protection of property rights ,property rights and restrict the meaning two ,property right restriction and compensation ginseng ,freedom of occupation and business freedom ,economic activities ,the content of two of economic activity limitation ,concluding .
Economic freedom of the brain Biao .Z denounced fifteenth social rights ( a ) - general ,educational rights ,Nike Jordan shoes,social rights ,one of the historical background of the formation of social rights in two ,the concept of social rights ,social rights with three of Yueba C freedom right of the difference between the four ,social rights ,the constitution of our country social rights and basic one ,policy of our constitution social regulations two ,our constitution ,the basic national policy of education ,right a specified reference rights concept and resolution two ,learning right and the right to receive education ,meaning the constitution of our country on the learning right and the right to receive education ,people in Education transaction on the right two ,at present our country related learning right and the right to receive education topic sixteenth about social rights (two ) - survival rights ,basic labor rights ,social rights a preface: formation and significance of the survival right ,right of existence ,the generation and development of two ,safeguarding the right to life ,features three survival right guarantee law ?Br / > basic labor rights ,ginseng ,a fundamental labor rights and the development of inner Volume two ,basic labor rights of composite character three ,working rights guarantee and basic rights of labor relations ,the right to petition the seventeenth lecture ,petition right and right of action a ,the right to petition a ,meaning and origin of the contents of three ,two ,a Petition Petition Petition object four ,the way and procedure ,the right of petition one ,significance and localization of two ,China administrative appeal law transformation parameter ,litigation right ,meaning a two ,connotation ,the Chinese court system ,Proceedings of monism and pluralism ,Proceedings of two China business Wu ,now in recent years about the protection of litigation right of major development ,special power relationship breakthrough and development two ,military trial system reform eighteenth participation of a ,a ,a democratic country construction and people participation in government and political affairs will two ,our constitution about suffrage ,right of participating in politics of the provisions of three ?Br / > the right to vote ,Louboutin Pas Cher,a vote ,the meaning and content of two ,elections the exercise of the rights And the limit of three ,the right to be elected ,the election of Kong C limit of four four key principles of the system five ,electoral system ,electoral lawsuit participates in type six ,the recall ,recall the meaning and content of two ,the exercise of the rights of the recall ,initiative and referendum ,initiative and referendum the significance and ?Br / > two ,the initiative and referendum rights nineteenth to talk about human rights guarantee and a new general rights ,human rights provisions of the generality ,privacy ,evolution of a two ,meaning three ,security and limits on their right ,decision ,according to the two ,content and limitation ,environmental right .
One ,right formation two ,era significance ,content and three ?Br / > four ,the task henceforth twentieth principles of separation of powers separation of powers ,the significance of the ancient Dian ,force a ,Rock the two argument ,Montesquieu theory ,the separation of powers and the rule of reference types ,strict separation type -- the presidential system Two ,soft discrete -- parliamentary cabinet system three ,parliamentary power centralized - parliamentary governance system ,the separation of powers in the trend of modern administrative state ,two phenomenon ,party state three phenomenon ,judicial state four phenomenon ,decentralization as / person / short / medium Author :Zhou Zhihong current National Taipei University of education, humanities and law professor in the Institute experience Taiwan Legal History Society of Taipei County Government Regulations Committee education Fu Jen Catholic University Law Master Fu Jen Catholic University, doctor of law Author :Xu Zhixiong present the Mongolian and Tibetan Affairs Commission Chairman ,executive Councillor ,Tamkang University Department of public administration and adjunct professor experience Taiwan law director of public administration Tamkang University Department education National Taiwan University bachelor master Japanese Jiao :W Law Research Institute of National Taiwan University doctoral program in copyright constitutional theory ( 1992)the current constitutional reform programme ( co-author ,1992)the modern constitutional theory ( co-author ,1999)the constitutional order of change ( 2000 ) author : Chen Mingxiang present public administration Tamkang University Professor experience Executive CEPD regulations group associate research fellow, researcher in the United States at the University of Illinois at doctor of political science Author :Cai Zongzhen ,current law school associate professor experience law college entrance examination pass Tamkang University Institute of European Studies Director executive administrative appeal Review Committee, Ministry of interior administrative appeal Review Committee, Ministry of Foreign Affairs Ministry of economic regulations administrative appeal review committee committee Commission regulations Committee of Taipei County Government Regulations Committee of Taiwan Law Society Secretary University of Munich doctor of law degree from National Taiwan University Law Institute of National Taiwan University law Bachelor of laws writings constitution and state ( a ) and academic monographs dozens of authors: Cai Maoyin present National Taiwan University law professor experience Tamkang University Associate Professor Department of public administration in Japan Nagoya University doctor of jurisprudence teaching subjects of administrative law ,finance law ,social insurance law Xu Wen motif in the twenty-one world On the eve of world record ,form of dramatic changes, the constitutional order to cause huge impact .
Especially ,with the end of the cold war ,turn ridge liver Ao goo o relationship to relieve ,gradually formed a common society. .For a long time, constitutionalism is the western world to pursue the value ,without edge into the Song scabies ,I .
Nowadays, constitutionalism beyond the North Atlantic States realm ,become a global common value .Song scabies ,I reviewed 1789 FrenchDeclaration of the rights enshrined in the idea, begin to attach importance to the modern constitution of two elements - - the guarantee of human rights and the separation of powers .
But ,as some of the rise of nationalism or tribalism ( tribalism ) upsurge ,cause bloody violence ,the guarantee of human rights and international peace once again cast a shadow .And not least, as in I ,poverty and the massive environmental damage under the impact of the strong, North contradiction ,opposition not only did not improve ,even growing signs .
Many developing countries are still carrying out military dictatorship ,dominance ,the authorities at as an excuse to deny the value of human rights ,universal .In view of this ,in the Post-Cold War era new world order in the process of construction ,human rights and constitutional issues of great concern ,need .
Our office this perplexing international situation ,also took the constitutional reform train of times ,from one nine eight years onwards to promote leaf after liberalization ,democracy project ,such as break the ban (1986) ,the lifting of martial law ( 1987),to terminate the period of Communist Rebellion ( 1991),the central comprehensive election ( 1991,representative 1992)and presidential elections ( 1996)are .
Nevertheless ,our country constitutional government on the problem or emerge in an endless stream ,often controversial .The reason ,the Constitution itself loopholes appear one after another ,so far the number of whack ,almost all the blame .
But ultimately, the constitution of our country education is a failure, so that people generally lack of constitutional knowledge and concepts ,rather it is the crux of the problem .However ,Jordan shoes,the rigid doctrine of dogmatic style education, general public consciousness ,often with constitutionalism and human rights color .
The Chinese constitutionalism development constitute a serious obstacle ,must try to solve as soon as possible ;otherwise ,want to build up a stable constitutional order ,like fish .Therefore ,a pressing matter of the moment ,the negative aspects of the three people should be abolished cramming ,positive aspects should strengthen constitutional education .
At present, many university constitution as a general or core curriculum ,it is delectable phenomenon .But ,be honest ,suitable teaching material quite hard to get ,not only the teaching to inconvenience ,learners also feel puzzled .
Cover general textbook or focus on the provisions of annotation ,or flow for the political reality of rationalization ,and class of lack of constitutional principles of care ,not to mention with critical spirit .
Constitutional monographs is lack profound insights, but more difficult to understand ,not suitable for beginners to read .We base on the premise that there are important considerations ,constitutional issues ,explain profound theories in simple language ,to write a series of articles necessary for writing this book ,the origin .
Book thirty unit of scoring ,most have in narration Law Journal serials, the assembly into a book ,with additions and changes .In principle, each unit of a subject ,not only to illustrate the basic concepts and theories, and then the new development theory ,according to the reality of the constitutional issue ,try to put forward a new point of view .
We hope that this book can lead ,for beginners a constitution school Austrian beauty ,but also can provide the constitution of some new thoughts on the opportunity ,but to China the power of thin cotton to make a little progress .
This book can be published ,thanks a lot ,for fear of missing ,no one one mark .Finally, the author common teacher professor Li Hongxi on busy writing for the order ,the more we appreciate - overpraise ,in addition ,more inscription of right,Air Jordan Shoes Outlet Sale, in order to toes .
Xu Zhi Xiong professor Li Hongxi ordered constitution is the most quoted by love ,but at least one really understanding ideas and norms .Especially in Taiwan ,including the political ,academic and media from all walks of life ,many people often love with constitution ,to do the operation power of the weapons to fight for power and money ,but only a few people are willing to go to understand the constitution ,promote constitutionalism .
In fact ,as the Taiwan society is gradually complicated ,finance China World Trade Center continues to prosper unceasingly, in six system of civil and commercial law in operation ,and has quite level ,capital gradually to the false head-on as the standard .
But the constitution research for many years ,limited to counter-insurgency martial law ,constitutional education is not paid enough attention to the ecological environment ,sixty years of age or older generation one constitutional scholar ,although very rare ,Mesozoic to space ,but also very few .
However ,the constitution generally speaking ,is indeed an easy entry ,difficult to have become subject ;as professor Kiyomiya Shiro said, if you only want to browse the constitutional provisions of the surface ,presumably to explain its significance ,head slightly better ,it takes some time to do .
... ... However ,if want to further explore the true meaning of constitution ,really do the whole understanding ,Noir will gradually felt very difficult . Originally, the constitution is the fundamental law of the country ,the whole country ,politics ,law ,must be as the basic standard ;the constitution covers field is very extensive ,it involves the problem quite complex ,the study of nature is perplexing ,a lot of hardship .
Yiqie ,constitution of the formation and development of human beings ,after all is the result of long historical evolution over in one ,experience ,practice ,explore the constitutional thought ,principle and system .
Gou Fei to the thought and principle ,has a deep study and understanding of the theoretical base ;at the same time ,but also in light of national political ,legal ,economic ,social and cultural aspects, practical analysis of these constitutional ideas and principles can be applied to real nature ;deep understanding the real meaning of the Constitution ,to do overall understanding of the bottom .
In other words ,if not to follow the prescribed order to study to understand natural law ,law ,social contract theory ,the bottom superior idea of sovereignty ,human rights, rule of law ,constitutionalism ,doctrine of separation of powers ,liberalism ,democracy ,socialism ,social welfare ,country and country law idea and value consciousness ;at the same time ,and then analytic understanding by these thoughts and value of the constitution constitutional system ,and the control of other countries the social constitution ,make comparative constitutional studies, and know its gain and loss ;can not really know the complete picture, are more difficult to explore in-depth study of a specific constitutional problems don .
Moreover ,in the modern constitutional studies, although because of cultural standards of different countries ,and was slightly different ,its connotation and research of wide narrow depth ;but in general the metropolitan covers constitution and constitution ,the Constitution and the national ,national sovereignty and democracy ,human rights thought formation and development ,human rights ,human rights ,equality of pedigree the right of personal freedom, freedom ,freedom ,spirit groups ,social right ,social right of formation and development ,social rights pedigree ,benefit right, participation ,national structure ,separation of powers ,comparison principle of constitutional system ,parliamentary democracy ,judicial power and judicial independence ,judicial review and constitutional litigation ,administrative authority and administrative organs ,financial system ,local self-government ,the constitution protection and change ,international society and the constitution ,constitution and sovereignty in the world .
The question is not easy to study ,but various problems and kudzu winding ,perplexing ,not to one after short-term studies can be completed Qiquan power .The world famous center for constitutional law ,Yan in lifelong inquisitive ,research to the knowledge on the verge of retirement age will perfection in one ,author of textbook publishing constitution ,with its constitution academic crystallization remain various mountains ,the science on .
In order to fill in this textbook writing constitutional difficulties ,the most common ones by constitutional law scholar co-author ,the expertise of the section of chapters authored ,the common writing textbook chapters of the constitution ,can generally further excellent .
Taiwan is currently in the city .There ,due to the major constitutional law professor rare cause of right concept ,system ,seek further orderly orderly constitutional textbooks ,is quite difficult to find the famous textbook ;constitution of translate to Chinese ,still rare ;so this book by Xu Zhixiong ,Chen Mingxiang ,Cai Maoyin ,Zhou Zhihong ,Cai Zongzhen, a generation of young scholars such as law ,force distribution sections ,each according to Director s modern constitution theory, is especially praiseworthy for one ;to provide for the constitution of college textbook ,will make the students benefit a lot and popular .
This was before, a few do ask me to write a preface to recommend ;I and they study the constitution ,discuss with each other for a long time, aware of their constitution has deep study ,this book is excellent ,so for this book to write sequence ,and recommend to the reader .
Lee Che-hung Jubilee 1999.9.2 inLimulus vegetarian version revised twenty-first century second year to be about to enter the end away from the modern constitution ,the book was first published ,hurried has undergone three years .
In the three years of human history ,the ship never stops ,such as international and European integration ,the United States nine one one terrorist attack on human history of major events ,while the domestic situation changes quickly, especially a set ,first is the 1999 constitutional amendment will be the national assembly from the permanent mechanism is changed to a task type organization ,the legislature is new obtain judicial institute ,examination ,supervision of officials appointed consent ,the three people type power division system is broken bureau ,to our country constitutional government system of the theoretical and empirical ,have extremely far-reaching effect .
Next is the two year 2000 presidential election,the ruling Chinese Nationalist Party for many years for the opposition Democratic Progressive Party - - replace sb. ,reached our country the first transfer of political power, and the successful completion of the regime and rotation ,open China political development ,constitutional operation of the new page .
Such a change in the constitution ,in the us surprised and pride ,the first transfer of political power was in the complete absence of social cost ,turbulent situation reached, God ,country ,folk .
However ,perhaps it is because the first party rotation process too smooth ,the DPP has time to silently mull ,careful planning of future ruling blueprint ,namely in the history of alternating background ,came to power ,caused by the DPP ruling is not everything is going smoothly.
,downstream and boat .On the contrary ,because the rotation of ruling parties in our country but there was no parallel in history. The people main political parties ,and a time to fully adapt to ,caused a lot of political confrontation and constitutional disputes, such as the removal of the new president and vice president ,executive power and legislative power between central and local authority boundaries ,etc.
,these and other controversies the event is a direct challenge to China constitutionalism and constitutional theory horizon .Influenced by modern constitutional theory ,a book related discussion and citing also necessary to make a considerable degree of combined with modified .
Therefore ,the author group in the press - element according to a publishing company while urging worked ,finally completed a revised version of the amendments ,changing places mainly in 1999,two years of the two amendment to the constitution article content ,and the addition of the Grand Justice Council since the release of No.
five two on the interpretation of the text after the solution .The chapters of the book ,the architecture is still unchanged ,in order to consistent .A revised version of the successful issue ,too many people would like to thank .
In addition to the authors of her family ,since be nothing difficult ,first of all to thank the authors of the constitution enlightenment mentor - teacher Li Hongxi .Teacher Li has been the author group mentor and leader ,even in our own to become others ,has teacher, teacher Li is still in the Constitution in the field of science ,many teachings to us ,to show the way ,dozens of years like a day .
Secondly ,yuan as editor of a publishing company personnel must stand author group delayed delivery situation, completed a revised version of the publication issues ,author group in addition to guilt ,particularly thanks ,they keep on carving dedication ,there can be no modern constitution revised edition published .
Chen Ming Cheung mesh / Chapter 1 constitution and constitutionof second / 1aboutbasic concepts of constitution / 13 lecture:the Constitution and the national / 33 fourth talkhuman dignity
/ 45 fifth/ 55 sixthnational sovereignty human rights thought and history / 69seventhto talk about human rights body / 83 eighth/ 93 ninthequal rights speak inherent spirit of freedom (
a ) / 107 tenthinner spiritual freedom ( two) / 117 eleventhexternal performance ( a ) - free speech ,assembly ,association / 127 twelfthexternal freedom of expression (two ) -
news media and freedom of the press and freedom of person / 143 thirteenth/ 155 fourteentheconomic freedom the protection and limit of fifteenth / 167socialrights ( a ) - general ,right
to education / 179 sixteenthsocial rights (two ) - survival rights ,basic labor rights / 195 seventeenthplease wish right ,right of petition and litigation rights / 211 eighteenth/ 221
nineteenthto talk about human rights to participate in politics the generality of security and the new right / 235twentieth/ 249 twenty-firstpower division principle of party system / 265
twentiethTwo lecture the legislative and parliamentary democracy / 277 twenty-third/ 291 twenty-fourthadministrative power, judicial power and judicial independence / 317 twenty-fifth talk about
thesystem of judicial review and democracy / 331 twenty-sixth/ 345 twenty-seventhsystem of finance budget process system system / 359 twenty-eighth/ 371 twenty-ninthlocal self-government about
the stability of the Constitution and change / 389 thirtiethconstitution and international society / 401 Appendix A:the constitution of the Republic of China / 417 ROCconstitutional amendments
( to 89 April 5th) / 433 appendix twoOld Republic of China constitutional amendments / 438 appendix threeFrench 1789 Declaration of the rights of man and citizen / 452 appendix four/ 454
Universal Declaration of human rights ( 001)( author :Weixiao / Korean records) ( 002)( author :Sicilian lemon ) ( 003)( author :Jing He Yulong ) ( 004)( author :Sicilian lemon )
( 005)( author :Red tiger-head ) ( 006)( author :Fei ) ( 007)( author :West ( 008)( the author ) :Sicilian lemon ) ( 009)( author :Bodhi Mind ) ( 010)( author :West) ( 011)(
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|Tuesday, 17-Jul-2012 05:21
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Constitution methodology, the United States Consti
Constitution methodology ,the constitution of the United States and Chinese legal tradition / yellow flowers (Beijing University of the October 28th constitution salon Cafe speech ) first of all thank two people splendid report report !The United States law I am not familiar with ,also does not have enough time to read the report before ,so just about some temporary view .
The two report of the people reporting style is very different .Lin Yan teachers report in my research paradigm ,so it sounds very pleasing to the ear .Tian Lei teachers report ,should be the law doctrine rapidly in politics to .
Initially Wang Kai teacher and me up to do a series of Constitutional Methodology activities ,our behoove the methodology to German law interpretation methodology ,understanding and interpretation of constitution method ,rather than a broad scientific research method .
I quite narrow and stubborn ,Air Jordan Shoes Outlet Sale,we think it best to concentrate ,in-depth study of the special legal methodology ,so at first to see teacher Wang pull topics and list ,I have the conflict ,would digress .
Of course I know this narrow .The teaching and research section of Gao Quanxi teacher is so critical of me, estimates he is at my special methodology it ,feel is the academic starting point itself is narrow ,two additional women inherent narrow ,in his eye .
In fact, Mr. Wang Kai and I are of the same position ,but Wang is very gentle and high teacher to deal with this problem ,using an open attitude ,Nike Jordan shoes,general and special methodology and .
The open attitude towards the actual effect is also very good ,I am benefit counterparts ,know what to do, some other subject thinking about content ,as long as the coordinate structure ,the law on constitutional jurisprudence is a promotion .
Listen to the teacher Tian Lei report ,I have an overall impression ,Tian teacher thought have a ,perhaps it is because the field teacher is Wang Shaoguang and his students .Mr. Wang Qinghua also mentioned it ,and points out that the background a bit like we hungry stage ,but in the fear that we will harm on the American obesity .
At this stage do constitution counterparts ,have to deal with this problem ,Nike Air Jordan Shoes,on the one hand, we can go to the pursuit of democracy and the rule of law of value ,on the other hand to see the western democracy and the rule of law is facing the bottleneck ,we seem to escape they seem to have survived the economic crisis .
If the thought of go through untold hardships the democracy and the rule of law ,we may have to bear the side effects ,hesitation and thinking innovation possible ,of course, is just .But there is a point of view I opposed ,namely that we pursue constitutional by the American ideological persecution ,so modern constitutional democracy is the basic value contradiction .
I think it a bit too .U.S. imperialism in international affairs in the global economy ,goodwill is certainly not worthy of trust, for their own interests will not be less harm to us ,but in the democratic and authoritarian problem,Louboutin Ireland, is it right? We should focus on our own experience and their own observation and judgment ,not so generally speaking rejection .
They may be equal to the fraternity of liberty or output at the same time the constriction device ,but it makes us resist the democracy and the rule of law value reason ?Maybe all of these problems should not be in big words level discussion ,on the specific affairs of specific issues ,discuss convenient .
We do this is the science of law is the most advantage of place ,another big problem will be to fulfil specific problem node is presented .Trivial but effective ,can avoid large but impractical .
My intuition is the attitude ,constitutional democracy is our pursuit ,is a Chinese characteristics ,but have a platform to speak frankly what features we must of necessity ,but not with the characteristics of basic anti democratic defense .
Because of our Constitution clearly powers come from the people ,and this is the Declaration on democracy .Now back to the methodology of constitutional jurisprudence .I used to watch the German teaching material ,literature ,American literature ,and was not affected by the training system, so that the total scattered system .
Take this opportunity to ask Lin yan .You talked about your high teacher speak one or two case and then discuss ,my question is ,the United States of America legal education has no outline such things, such as first-class university law school or upstream of constitution course must be many hours ,students must master the basic case ,students finish the constitution class is equal to the familiar unconstitutional is it right? A review of procedures and standards of judicial review .
In addition you said there is a professor of the constitution lesson on using clinic education ,training students how to appeal .This here is like litigation law course content ,appeal procedures and constitutional litigation relationship, why put in the constitution class .
In addition ,you mentioned in the report of the constitutional exceed stable structure .First, I totally agree with you about the United States Constitution is the judgment of the product .
The United States of America whatever happened to the big event ,never questioned the constitution have what problem ,because this is the United States of America ,so do not feel wrong is the mother did not make me good .
Germany France and China is not the same ,the constitution is later ,either spontaneously ,or as in the case of Germany fashion to ,or are we in a collaborate from within with forces from outside ,a problem think the Constitution itself has a problem is it right? .
Secondly ,we look at the so-called constitution mother super stability .I want to use the German terms and your butt .The German constitution of our constitution stable not like the United States law so sensitive ,because in German Basic Law revision and frequent ,and the United States since 1787 only 27amendmentof .
Nevertheless ,Germany has a stable technology and maintenance of constitutional argument ,we call the Constitution and constitutional development ,make corresponding .This is just some words dispute .
Importantly ,we look at how the constitutional stability problem .The constitution of the Empire of Germany from the initial words ,of course, there are a couple of constitution .He took 49 years ofbasic law ,from the view of content ,but also has the substantive change ,after two heart are unified, the such big changes .
Look from formally ,down an average of almost every year to repair a ,which in our opinion of course even super instability ,if our constitution every year to build a unified ,may be referred to as a constitution .
But Germany .Not only the constitution frequently, by constitutional adjudication that did not modify the provisions also produced very big change .The German constitution authority is still very high ,law of the law did not falter .
It is the opposite of japan .The constitution of Japan than the German law is two years ,has not had a word .We think that ,the Japanese constitution content may have a very substantial changes ,through the interpretation of it .
That is to say a little sigh ,is in the form of comparison we also slightly obviously insufficient ,should move toward the details .I have a may not be the right impression ,that although we have lots of American constitutional literature ,professional and popular by a large number of translation ,not only the constitution educational circles pay close attention to the United States Constitution ,is more of historical scholars political scholars in many research ,but I still have a feeling ,there are many we need to understand the problem ,from the the existing literature is hard to find .
This bypass constitution method .Tian Lei said the teacher study the constitution should have large dimensions ,Jordan shoes,there .But I always eager to know how from the larger dimension came to level up .
Down this topic I finally to announce this afternoon I experience .Our school study legal history teacher Zheng Xianwen chat ,he introduced me to his work .Zheng teachers organize the Tang Dynasty a lot of legal information ,give me better case .
See I was shocked .Some of prison management ,anti-corruption ,prisoner Rights Protection examples ,like many us now in the framework of the constitution ,to feel the need to learn from the west of things ,we then have institutional arrangements .
I was a complete history of blind ,but after reading the mood is very calm .The intuition is that ,the research results ,we probably true comfort because of long-term in the foreign legal system and generate self-confidence ,Louboutin,self-esteem frustration and depression ,can really solve some of our national mood of anxiety and confusion .
See ,we in some relationship to the most basic human emotions and mental pursuit ,may no longer be needed by western language Western grammar Western terms to packaging and strengthen its legitimacy ,but says, this is our own wisdom ,we are the descendants of these wisdom as ,this is very interesting .
Why can ,law ,sociology ,psychology experts about the need to explain .This is not only related to the national pride ,from legal technology level, is my preference details ,may also have inspired .
What I don ,exciting ,but also can not handle these information ,don into my work in the framework of .Now is only fragmentary knowledge points .To share with you ,you may have a better starting point to understand these in our own time have some long legal wisdom .
Method strict but Sang Wai country cannot stand, no severe not wei .Tongshan County Procuratorate in supervision of investigation work, to perform the function of legal supervision ,make full use of the legal supervision mechanism investigation of leakage leakage investigation ,louboutin,crime committed ,do the catch not a leak ,safeguard the dignity of law .
Since 2009 ,christian louboutin,the hospital through the examination of arrest cases ,a total of hunting by omission crime suspect 40 people ,now in the stage of review and prosecution of 25 people, in the court of review stage of 7 people, 8 peoplecourt to render a guilty verdict .
The strict enforcement of the law because the correct idea of law enforcement in early ,author admire name comes to the hospital to visit .Topic just mentioned ,the hospital attorney Wang Jun said with deep feeling :correct leakage capture is procuratorial organ to perform the legal supervision responsibility ,but also to carry out investigation and supervision is an important way .
This is a sword of high power, the use of the good, will power, do not make good use of ,will let the dignity of law at .Originally,louboutin pas cher, Wang Jun the long-distance word of the .Previously, the school in the organization business learning ,he held the seminar, entitled how can the effective supervision of investigation organs according to the investigation ,the investigation organ and can get the understanding and cooperation ?Comprehensive leak make job hunt ,when some officers worried about the impact and investigative organ relationship, some worried that will affect the normal work of arrest .
Strict law enforcement due to the correct idea of law enforcement .Wang Jun attorney has feeling ground to say quite .Hear a different voice ,the academy from guide officers to set up the correct law enforcement concept proceed with ,unified law enforcement thought .
Let the police know that ,through a review of arrests after leakage crime, procuratorial organs supervision of investigation department is an important function of the procuratorial organ ,is involved in resolving social conflicts ,maintain social stability ,improving the credibility of the law enforcement is an important way to .
Before supervision actively seeking as unity of thinking ,awareness raising ,how to carry out supervision ,how to detect leakage crime in the criminal proceedings ,the middle part of the procuratorial organ how to do? The Institute in charge of investigation supervision Deputy Prosecutor Cheng Zhenglong used to write in their own work diary page of a word to a resounding answer :make full use of the legal supervision mechanism on investigation ,supervision ,actively seeking as !The hospital three check system fully embodies the supervision .
Check in the stage ,chief responsible for case investigation ,the focus of the review is not transferred along with the case of the accomplice ,whether there is leakage committed ;two checks for the case undertakers of the evidence in the case to conduct a comprehensive review ,in search for the suspect doubt; three is the case discussion of review ,the case undertakers of the investigation organs if there are omissions criminal suspects put forward examination opinions ,the Department in charge of public prosecutor to discuss analysis report ,decide whether to start the investigation legal supervision mechanism are investigated .
three check system to ensure that the case supervision clue to dig deeper, and to ensure the quality of supervision of collective wisdom .Only this year 1 to April,the Institute to the public security organ shall issue the arrest of a criminal suspect opinions in 8 ,and a successful hunt 25 weremissing suspects .
In practice, it demands the prosecutors examine small analytic, be good for the case of feel pulse interrogation ,from the file ,and verify the evidence review ,hearing the suspect ,witnesses and other aspects of multi-directional access supervision clue ,dig canvass greatly ,expand the space for the supervision .
At the beginning of 20104,the Institute in the trial of the public security organs to arrest the suspect Tan Mou is suspected of defiance and affray case ,undertake inquisitor through review of records ,the interrogation of suspects ,visit masses, found a common crime and Tan Xu 7consistent with the arrest ofa thing ,but not to the examination and approval of the arrest .
The Institute of legal supervision mechanism to start investigation investigation on 16 April ,the public security organ shall be issued the opinions the arrest of a criminal suspect ,Xu ,7 people wereto hunt .
Innovation mechanism to guarantee the quality and the efficiency of catching will appear ,it is to suit ,can judge .This is our missing suspect whether hunt standard .How to do this, we mainly rely on innovation mechanism ,to ensure the efficiency and quality of supervision work .
Wang Jun prosecutor said .I understand that ,in order to ensure that will hunt suspects arrested ,charged ,the smooth judgment ,give full play to the role of integration mechanism of the procuratorial work advantage ,dig potential ,outer sparse channel ,a set of effective case-handling mechanism innovation .
Office of the first tracking supervision mechanism .Hunt decided cases that have been made ,the case undertakers tracking supervision mechanism ,the undertaker shall be responsible for the supervision of investigation organs develop not only pursuit evasion scheme ,urge the net pursuit evasion ,the crime suspect to capture in custody, also responsible for tracking the prosecution ,judgement ,which captures the work each link not soon ,improve efficiency and quality .
As in a review of wood is a 2 intentional injury case,identify without catching the accomplice ,Chen Xu ,Xu ,Wu and so on 7 peoplesuspected of a crime ,they promptly and contact the public security organs ,the accomplice ,Chen Xu ,Xu ,Wu and so on 7 peopleto hunt decided ,and urge the public security organs the suspect to capture it ,to sue ,Xu ,Chen ,Xu ,Wu and others were sentenced to 2 to 3 years .
The public security organs pursuit appraisal mechanism .In early 2008 ,they and the public security organs consultation ,will capture leakage make work included in the public security organs of the units in the year-end appraisal ,the hunt make work more active leakage .
Not only that ,they begin from last year ,and take every quarter to the public security organs in the form of a letter ,will be a period of time after the no case drain committed to the public security organ ,bulletin ,called for measures ,to capture .
The early warning mechanism of link .In pursuit of the case transferred for examination before prosecution ,if the pursuit of the suspect has not appeared ,the Department of public prosecution shall request the public security organs rapidly will hunt suspects arrested ,so that after the legal supervision throughout the investigation supervision ,examination and prosecution of all links, form resultant force of supervision .
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Zhang Qianfan the judicial review and Democracy --
The judicial review and Democracy -- the contradictions between symbionts ?Zhang Qianfan Abstract :the purpose of this paper is to eliminate a misunderstanding: the judicial review and democracy is conflict .
From the judicial review of the history ,function and practice of judicial review and democracy ,conflict between just the surface, which is in essence a common .This is why in almost all the country of constitutionalism ,judicial review and democracy as follow like a shadow twin brother .
By comparing the world constitution text and some state of the system operation ,this paper discusses the judicial review in the world history ,function and practice ,is the focus of judicial review system in the development of new constitutional state .
Although the judicial review of the subject ,object ,property and program ,different examination mode has significantly different characteristics ,but it is to achieve the protection of freedom and counterbalance authoritarian common purpose .
Therefore ,judicial review and Democracy against dictatorship also perform functions -- if democracy is to control the tyranny of a minority ,judicial review is to control the democracy the majority tyranny .
In this sense ,judicial review and democracy do exist between certain contradictions ,but in essence is a pair of interdependence ,mutual complement and mutual symbiosis .One ,foreword from at least the end of the Second World War ,democratic and constitutional judicial review constitute the two pillars .
according to the world 195 countries and regions,the latest statistics ,judicial review system coverage of up to 89% ,of which 165 countries or regions of theConstitution ( or basic ) text provides some form of judicial review system of the United States ,Israel ,Iceland ,and Northern European countries and China ,Hong Kong and Macao although not clearly defined ,but through the judicial practice established judicial review system .
said that democracy has become the irresistible sign text of the constitution ,judicial review also represents the irreversible trend in today .China without judicial review system ,but in 2001 the Qi Yu-ling case about the constitutional judicature discussion, judicial review system has become China constitutional scholars focus .
scholar thinks commonly ,although the Constitution does not specify the judicial review system of China ,and the current constitution system does not have fundamental conflict . in fact ,although judicial review system requirements of individual provisions of the constitution ,judicial review system in China is not only necessary ,but also in the framework of the constitution is feasible .
however ,few scholars have recently tried to theoretically ,judicial review system of the National People and the Chinese not only contravene the constitution of 1982 ,and also do not accord with the .
Although the author has always been in favor of different academic freedom controversy ,but that these arguments are not sufficient to override constitutional scholars have reached general ,thus inadvertently in the review of considerable academic approach .
Not to mention the judicial review concept of the range is very wide, not only for legislative review ,which established in the people first the theory and even can be said to be completely unrelated .
judicial review system is the 1982 constitution draft and decision makers to predict or support ,the author thinks that is not the crux of the problem .Even when the framers did not foresee even explicitly opposed the establishment of judicial review system ,does not necessarily mean the 1982 Constitution itself does not allow for judicial review, or the writers not due to objective or subjective understanding of the changes and some modifications -- either written or unwritten way .
After all ,a historical interpretation of the constitution is a method only, not to mention the author thinks that should not be the main method of Chinese constitutional interpretation .
On 1982, Chinese reform has just started soon .After nearly thirty years of reform and opening up ,Chinese society produced the change of turn the world upside down ,constitutional theory and citizen has made considerable progress ,and these advances could not affect us on 1982 to the interpretation of the constitution .
If the United States of America and other developed countries, the constitution is a living constitution , change process of the Chinese Constitution and not so? And nearly thirty years of market economy, Chinese constitutional indeed continue to grow and evolve ,it will require a more open rather than closed and rigid interpretation mode .
This paper is a more prevalent and substantive issues -- the relationship between judicial review and democracy .Since the 1803 Marbury v. Madisondecision ,judicial review has been faced with the majoritarian difficulty : is not directly accountable to the voters by a handful of judges to review most voters elected a majority of MPS law passed ,when it is undemocratic and even anti-democratic the country such as France ,and it is for this reason long consciously resist the judicial review system .
in fact ,democratic tradition the oldest British still adhere to the supremacy of parliament positions ,and rejected by a written constitution ,judicial review of course will not start .
On the surface, the judicial review and democracy seem to exist between difficult to mediate the conflict ,and the conflict is domestic minority scholars against judicial review the rationale .
However ,the conflict is only the superficial phenomenon ,Christian Louboutin Ireland,but in the democratic constitutionalism is relatively mature after the possible surface phenomenon .We used to see the United States of America and other developed countries about the constitutional judicial review the majoritarian difficulty ,but often ignored a basic fact :judicial review and democracy are highly overlapping -- usually effective judicial review of the countries are democracies ,and in addition to England ,Holland ,New Zealand and other exceptions ,almost all democratic countries have adopted the system of judicial review .
in this sense ,democracy and judicial review as one to follow like a shadow ,interdependent symbiotic .Without in-depth study of judicial review and democracy nature ,would not be able to understand both looks contradiction but substantially uniform phenomenon .
The judicial review and democracy highly combined is not accidental, but because they essentially perform the same basic function -- against autocracy ,but both division of labor is different :if the Democratic effective function is against minority dictatorship ,then a judicial review of the main function is to counterbalance the tyranny of the majority .
In fact ,there is no democracy, is impossible to implement effective judicial review system ;without judicial review ,democracy also consolidates hard .This article from the end of the Second World War the emerging countries constitutional transition experiences ,argumentation of judicial review and democracy between highly interdependent relationship .
Comparative studies show that ,judicial review and democracy do exist between certain tensions ,but in essence is a pair of interdependence ,louboutin pas cher,mutual complement and mutual symbiosis .Two ,the system of judicial review of the development history of Dawson professor comparative constitutionalism summarizes the current world four main constitutional mode ,roughly corresponding to the different stages of development of political democracy .
,in the period ( the end of the eighteenth Century to nineteenth Century ) ,the United States and France through revolution or war and other violent means to overthrow the old system ,the United States and in the limited political democracy is established on the judicial review system .
Second ,in the postwar period ( mid twentieth Century ) ,Germany ,Austria ,Italy ,Japan and other countries in defeat or foreign conquest occurred under democratic constitutional revolution ,but not all get rid of fascist and militarist dictatorial country (South Korea ) have seized this opportunity .
From 1978 third,the Spanish revolution began ,mainly in the Soviet Union and East reform period ( late twentieth Century) ,the former Soviet Union ,Eastern Europe ,South Korea and other countries and regions through political reform completed the peace of constitutional transformation .
Finally, from the start ,such as South Africa and some Asian and African countries gradually from colonial status ,and in the establishment of an independent nation in the course of constitutionalism .
Of course ,the constitutional and judicial review system in constitution does not necessarily mean a certain lack of constitutional government ,constitutional tradition states may in constitutional shortly after regression despotic ,authoritarian under the judicial review is necessarily acts with a system of judicial review ,but the establishment of constitutional hope after all means .
Following an overview of major countries in the world to establish the system of judicial review of the course .The system of judicial review of history shows that ,judicial review and democracy system are highly correlated : all national judicial review system is established on the basis of democracy ,two kinds of system functions are against tyranny ;only in the overthrow of despotism ,democracy and judicial review has only become possible with the system choice ,and choice democratic constitutional state in the cultural identity of judicial review system of inevitable necessity and legitimacy .
Therefore ,not only in the nature of judicial review is not incompatible with democratic principles, but also help to counterbalance the democratic system under the tyranny of the majority .
( a ) the judicial review system of the United States beginning and depression from 1803classiccase Marbury v. Madison ,the judicial review system has experienced a long period of dormancy .
.After more than a century ,except France continuously and actively resist ,even this system did not cause most national attention ,even in the most of nineteenth Century ,the United States can be said to be the Regal isolationist judicial review .
During this period ,few European countries tried to transplant the United States model .On July 11, 1789, pull the Fiat ( La Fayette ) will be the United States of America bill of rights bill introduced in France ,Europe the United States Constitution from beginning to succeed ,but the only Switzerland and in three Nordic countries .
In 1814 theNorway constitution without judicial review ,but since 1890 time begin,Supreme Court case that judicial review .During the period 1885 to 1930 ,twenty or thirty legal constitutional court .
the text of the Constitution does not specify a measure of law standards ,the court only with the development of the unwritten constitutional principles to the control of legislation .Similarly ,the Danish constitution without judicial review ,but the 1921 caseexamined the requirements for public purpose of the property expropriation must give full compensation law ,conclusion is not unconstitutional law .
1809 the Swedish constitutionwithout judicial review ,but in November 13,louboutin pas cher, 1964 the famous case, the Supreme Court for Constitutional Convention is transformed into a grammar ,breaking the constitution silent exercise of a power of judicial review .
although the 1975 constitution textwithout judicial review ,but the 1978parliamentpassed amendments finally has defined this system .Of course ,compared to the United States ,the Nordic countries judicial review is still extremely mild and rarely used .
In Switzerland, except in the federal trial court ( Federal Tribunal ) direct lawsuit ,the average man can also be in the ordinary court for review .According to federal law beyond the state law ,the judge has the right not to apply to the Swiss Federal Constitution Violation of state law .
But in 2000 before the constitutional amendment,the Swiss judicial control only according to the laws of the state, but not for the federal constitutionality of laws .In other European regions ,the United States of America mode can be said to be encountered waterloo .
At the beginning of twentieth Century, Romania and the Greek courts have refused to apply the unconstitutional law ,Portugal in 1911 sixty-third article of the constitutionexpressly authorized by the court not to apply this kind of law, but the system did not last .
between the two world wars ,European countries have tried to transplant the judicial review system of the United states .According to the constitution of Weimar of November 4, 1925 102nd,the imperial court decision decision general court with judicial review of obligations .
However ,the imperial court was never on the basis of the Constitution and any specific case ,in addition to the equal right of the limited case outside did not provide any protection of individual rights .
This situation did not change even in the post-war period .Between 1948-1956 years ,in the constitutional court formally operation before the Italy Supreme Court ,general ( Court of Cassation ) experimental American mode of judicial review ,took the position ,but ultimately fail on the verge of success .
Investigate its reason ,was the first European countries during this period ,the constitution is not the Supreme law .In the French Third Republic period ,if the Congress met with the court barriers can ,by simple majority re-affirmed the original legislation ;in Germany during the Weimar Republic ,according to the provisions of article seventy-sixth of the constitution of 2/3 most of the laws passedto substantial deviation and weaken the basic rights of constitution ,equivalent in the absence of clear constitutional cases change the constitution .
More importantly ,the European Court of justice in the traditionally had no right to interpret the Constitution :in the United States ,the constitution is sacred ;in Europe , law legislation -- -- is sacred .
European judges in psychology also not in the habit of exercising judicial review in relation to the value orientation of political function .They are generally occupation ( career ) judges ,the occupation training is mainly that the legislation technical rather than policy apply, and the implementation of the constitution is more demanding than the ordinary legislative interpretation judicial discretion .
( Hans Kelsen ) that judicial review with legislation rather than a pure legal characteristics ,so the United States does not fit models appear to European countries ..In Kelsen advocacy, Austria and a few other countries in the nineteen twenties before and after the introduction of new judicial review system ,thus opening up the world of another large models of judicial review ,but the European model establishment and popularity have to wait for the fascist rule and the end of the war and after .
this is also the reason why the constitution of Austria Kelsen the father of judicial review of the long silence is completely normal ,because of either the European or American model ,the judicial review system is established in the political democracy based on the majoritarian ( majoritarian ) the rules of the game as a reactionary .
If democracy is not really established ,then the national judicial examination system not only in the presence of resistance ,lack of motivation ,and almost completely into the shoot at random -- judicial review is to restrict the Democratic design, it must because democratic vacancy and lose reason .
Of course ,some democratic governments may not feel the judicial review system of the absolute necessity to weigh the advantages and disadvantages ,or choose to give up -- for example after the 1958before the Frenchand the British so far .
but suffice it to say ,without democracy ,judicial review system is built up ,even if temporarily set up can not be stable ,may not play a substantive role .Therefore ,in authoritarian prevailed throughout nineteenth Century ,most countries on judicial review system is not completely indifferent .
In fact ,even in the pioneer Austria ,judicial review is the flower briefly as the broad-leaved epiphyllum ,soon for the fascist rule of annihilation .Greek ( 1975),Portugal ( 1976)and Spain ( 1978)review system are in the military rule was established after the collapse of the former Yugoslavia ,the judicial review system is in orbit and received from the Soviet Union political autonomy ,in the 1963 constitutionis established on the basis of .
These examples further demonstrate ,autocratic rule and judicial review is not compatible ,political democracy is the judicial review necessary ( though not sufficient ) condition ;to be in the world to establish an effective system of judicial review ,remains to be the wave of democratization .
( two) the system of judicial review of resuscitation in the second war to overthrow the Nazi and fascist rule, judicial review system causes universal interest ,and in the Eurasian countries such as bamboo shoots after a spring rain as established .
These constitutional revolution occurs ,because they are aware that the rights guaranteed by the Constitution and the obtained only in the judicial implementation mechanism can become effective laws ,otherwise difficult to curb the tyranny of tragedy .
In fact ,for those original non democratic countries ,the establishment of constitutional review system is to solve the social crisis, the best way to prevent tyranny recovery .Therefore ,in Europe the first reconstruction of the system of constitutionalism .
apart from the UK and Holland ,Western Europe and the Nordic countries have set up some form of constitutional review system .One of the Nordic countries ,Switzerland and Greece ( 1968)adopted the United States ,Austria ( 1945),the Federal Republic of Germany ( 1951),Italy ( 1956)and France ( 1958),Cyprus ( 1960),Turkey ( 1961),Yugoslavia ( 1963),Portugal ( 1976 and 1983),Spain ( 1978),Belgium ( 1984)and Poland ( 1985)and other countries chose the European model .
In general ,these national judicial examination is very active .They are active in politically sensitive areas ,such as abortion, the constitutionality of legislation ,gender equality and social welfare problems .
Though the decision results vary ,but these decisions in common, all of them reflect the degree of judicial activism ,and to maintain the vitality of Constitution made contribution .In the European model of national judicial review system according to their own circumstances exist small .
In October 12, 1945, Austria according to the constitution restoration of the 1929 constitution andconstitutional court system .As the earliest European Constitutional Court, Austria high Constitutional Court ( Australian High Constitutional Court ) was built in the early 1920.
In 1938 March,the German invasion of Austria ,the constitutional court functions were terminated ,because of the absence of a totalitarian government would tolerate an effective judicial review system .
ends, the system immediately re-established in Austria .After the reconstruction of the Constitutional Jurisdiction includes the disputed election ,the court ,the conflict between federal and state of conflict between Parliament ,against a head of state or the minister impeachment ,and violating the constitutional rights of administrative act .
Application for judicial review of the main body includes state ,the high court ,the Federal Parliament or state assembly member 1/3above.In some cases ,individuals can also request ,or the court can review their constitutional issues .
Since sixty years, the courts have developed a huge case system, on the right the precedent system especially the developed ,but about 90% of the cases are handled administrative constitutionality ,and the court was largely an administrative court .
Although a court decision on the ordinary courts are not binding ,court case for the state system still has important influence .Germany and Italy follow .The German basic law is occupied in 1949 after the end of the periodbefore the development of the constitutional court ,from 1951 started running.
The 1947 constitution of Italy established a transitional system ,constitutional court in 1956 to beginformal operation .The Court consists of 15 judges,the parliament ,the president of the Republic and the three Supreme Court -- as the Supreme Administrative Court of Policy Institute ( Council of State ) ,the highest civil court ( Court of Cassation ) and the court of auditors -- each appoint 3 persons .
The court includes various state agencies as well as the area between the power conflict ,according to the president of the Republic, the minister Conference ( Council of Ministers ) the chairman or secretary charges ,as well as the court review .
Ordinary civil ,administrative and commercial court can also ask the constitutional court to submit them in the process of trial must be applied to constitutional issues ,this type of submission form an important part of the constitutional court .
In 1983, the constitutional court received a total of 1100 questions submitted,and yielded 400 relevant lawsconstitutional decision .In 1984, the constitutional court has received a total of nearly 1490 cases ,of which 93% are ordinary courts to submit questions .
Notably ,the Constitutional Court of Italy is not a part of the judicial system .In fact ,it does not belong to any of the traditional state power, but represents a special and independent of the constitutional rights .
The Second World War and there is no end to all European despotism ,other European countries until the political system is the fundamental transformation of judicial review before starting .
Franco of Spain ( Franco ) revolution is a harbinger of change in europe .The constitution of 1978 established the ConstitutionHall of Justice ( Spanish Constitutional Tribunal ) ,began operations in 1980 .
The Court consists of 12 judges,appointed by the king ,in which Congress ( Congress ) and the Senate ( Senate ) each nominated 4 people,the cabinet and the judicial authority Committee ( General Council of the Judicial Power ) each appoint 2 persons .
The hall of justice includes the power conflict between state institutions ,in violation of the fundamental right to administrative and judicial behavior of private appeal ( amparo ) ,the constitutionality of laws and treaties .
Suitable proposed constitutional review body including the president ,the 50 houseor Senate ,the government of the autonomous region or the tribunes ( defensor del Pueblo ) .The general court in proceedings if encountered in the process of constitutional issues, can also refer to the hall of justice is presented .
Especially in the autonomous region of the country and the balance of power on the issue, the hall of justice has played an important role in .Private pleadings system can be traced back to Aragon ( Aragon ) kingdom ,in nineteenth Century for the Latin American countries by .
Spain 1931 constitution also clearly stipulatesthe system .According to the current constitution, in the general court failed to provide adequate protection, private can request the basic rights of administrative or judicial decisions violations .
Personal appeal and can not directly asked to review the constitutionality of laws, but a review petition the chamber may be related to the constitutionality of laws problems presented to the court .
Since the parties concerned do not trust the ordinary courts can form the appropriate constitutional principles ,and personal appeal raised quite frequently ,constitute 90% of entire case.In the constitution of Europe Renaissance, judicial review system -- whether in Europe or the United States of America mode mode -- the world gradually built up .
First of all ,some Asian and African countries and gradually get rid of the colonial rule ,and in the establishment of an independent nation in the course of constitutionalism .Secondly ,by the late twentieth Century ,the former Soviet Union and the Eastern European countries through political reform completed the peace of constitutional transformation .
And before the constitutional revolution is different, central and East European constitutional change is the constituent form start .For example, in 1989, Hungary changed the Constitution in 1949 ,transformed into a multiparty parliamentary democracy and market economy countries .
In theory, the 1949 Hungarianconstitution is still valid .Poland constitutional reform also began in the 1952amendments to the constitution.In 1985, Poland through amending the constitution established the constitutional court ,and in 1989 to further expand its scope of review .
In 1992, Poland because of some fundamental problems in the constitutional consensus but failed to pass a small constitution .It was only in 1997 ,Poland passed a new constitution after the common era .
in a certain sense ,Christian Louboutin Ireland,these countries with the most moderate constitutional forms of packaging the most radical constitutional revolution .At the same time ,South Africa ,South Korea and China Taiwan region has also undergone a fundamental constitutional reform .
For example, from the beginning of 1990 ,the white South African government for internal and external pressure ,and Mandela ( Nelson Mandela ) leadership of the Africa National Council ( ANC ) negotiations ,finally agreed to grant the coloured vote ,thus peace completed a democratic constitutional government transition .
these countries or regions ,the judicial review system is the inevitable result of the constitutional reform of the mark sex achievement .Development to the current stage ,the world constitutionalism country can be divided roughly into three categories :as the representative of the United States has a continuous and stable constitutional tradition of the old constitutional state ,Ephraim ,Louboutin,Germany as the representative of the constitutional history have been interrupted after constitutional state ,as well as in the Middle East Europe after communism the state as the representative of the new constitutional state .
most of the world judicial review system of democratic constitutionalism from these developing or emerging countries .In three ,the judicial review and Democracy -- the choice of mode and comparative studies show that ,specialized examination system for the civil law countries generally adopted .
It is part of the continental law system determination of traits ,but the more fundamental reason is the judicial review and democracy potential contradictions between .In civil law countries execute decentralized difficulty is the lack of unity of constitutional judgment ,Louboutin Ireland,which leads to the uncertainty of law .
Civil law countries chose special review system , largely because of Kelsen effective free judicial review system encounters the logic dilemma .In view of continental European Court in the traditional lack of independence ,Kelsen recommends the establishment of a special court for judicial review of the constitutional government system .
The constitutional court role is not limited to examine specific cases of controversy, but limited to laws in the logic on the constitutionality of purely abstract review .In fact ,especially for the abstract review ,judicial review is not strictly judicial functions ,and with a certain legislative functions -- in the words of Kelsen is negative legislation ( negative legislation ) function ,the constitutional court is in fact exercised negative legislators functions .
In this sense ,the constitutional court is representative ,legislative bodies are divided into two parts :the parliament as active legislators ,as well as the constitutional court as a negative legislators .
since the constitutional court is not a judiciary ,legislative supremacy issues in theory can not be realized .Professor Kapp Laidi sums up the continent law countries do not use special review for three main reasons: the continental countries on decentralization principle understanding ,stare decisis in civil law in continental law countries and lack of judicial characteristics .
and common law countries, civil law countries more strictly follow the principle of decentralization ,as Montesquieu and Rousseau and other thinkers are thought to have self-interest and anti-democratic tendencies of the judiciary will abuse of authority ,on behalf of the people exercise of legislative power invasion .
And undo the unconstitutional legislation power with political nature ,louboutin pas cher,so the civil law countries refused to be awarded this authority in traditional judicial institutions .On the judicial review of the political nature of the constitutional court that embodied in the mode of appointment of the state constitution ,the general guarantee constitutional court members can represent all the main parties .
Since its own with quasi political nature ,the constitutional court is no longer as the United States Supreme Court that avoid the political nature of the problem ,such as the diplomatic behavior ,legislative and constitutional procedures as well as the party constitution and other sensitive and dangerous .
Secondly ,continental law countries general review for a technical difficulty is the lack of precedent system .American judicial review is the direct effect of although undo legislative provisions in specific cases in the effectiveness ,but to follow the precedent system means that the legislative provisions is similar in all cases of failure ,and the lower courts are bound to follow the Supreme Court precedent judgement .
However ,mainland Europe did not accept the doctrine of precedent ,and if allowed to every judge in principle have the right to judge the constitutionality of laws, it is bound to have a conflict of legal systems and disorder .
Civil court and administrative court between ,young radical puisne judges and senior conservative judges may produce superior constitution judgment of the conflict, and this situation is in Japan and Italy occurred during 1948-1956 .
And because the judges in common law courts shall have the right to cancel the law itself ,but only in the case of n they considered unconstitutional laws ,so its decisions only case effectiveness ,affected by the law other people must independently proposed constitutional lawsuit to remove its legal obligations .
Therefore ,although the United States system has been presented in several European countries ,but not all transplant is successful .Weimar Germany and post-war transition in Italy that decentralization is not suitable for a continental law country .
Norway ,Sweden and Denmark and other Nordic countries the problem is not very prominent, but that was because of the role of judicial review in those countries is not significant ,the judge in the exercise of power is extremely cautious .
a possible exception is a hybrid system of Switzerland, but the Swiss system of limited success seems not because the decentralized system ,but its unique federal court system ,federal court of law unconstitutional judgment with universal binding force .
as a result of these reasons ,the continental law countries need their own looking for someone like the United States Supreme Court that play a role in the replacement ,thus establishing a special constitutional review mechanism .
Finally, continental law countries common court itself is not suitable for making constitutional adjudication .Once the problem is the European country why not put the constitutional court to already existing specific court system ,and make the system the Supreme Court to the lower court binding constitutional adjudication .
Uruguay judicial review can be taken as a precedent ,because of the power of judicial review, focused entirely on the ordinary court hands ,lower courts have constitutional issues must be suspended to review and submit the relevant problems ,but the efficacy of the system due to the decision of the Supreme Court has only a restricted case effectiveness .
Continental law countries difficult is it more court systems ,and the Supreme Court generally do not have the United States Supreme Court that issued the transfer case ( writ of certiorari ) power ,which in its original jurisdiction will need to deal with many cases ,and in addition to the constitutional issue can spend time and energy inevitable extremely limited .
For example, the Supreme Court of Italy ordinary year to handle 3000-4000 cases,Louboutin,and 100-200casesonly constitutional court . and civil law traditions of occupation judges does not deal with constitutional issues of psychological quality ,the occupation skill is mainly applicable legislation rather than judgment policies .
In Weimar Germany and transitional period Italy ,distributed examination system the result is not ideal ,the ordinary courts are usually wary about constitutional issues and the realization of constitutional ideas, thus fully proved to be suitable for the mainland law system .
In this sense ,the long-term judicial practice for judicial review is not only did not help ,but may be barriers .This is also the reason why the constitutional court members are not the occupation ,but by political election or appointment .
Of course ,centralism and decentralized contrast exaggerated the difference between the two .Just as professor Kapp Laidi pointed out :Twentieth Century fuzzy natural law and positive law ,the court and the written law precedent orientation orientation of the court as well as the different theory of separation of powers between the long existence of difference ;the establishment of special censors is itself and the traditional mode of decentralization is a compromise, and prove that the judicial review is not only feasible ,but also it is a most flexible system .
ordinary review and devoted to a review of two models with different characteristics ,but the final effect can be said to be the same .In the final analysis ,the United States and Europe mode is to achieve the same goal of two different means .
First of all ,the United States and European judicial review system is to protect the basic rights from the government -- especially the legislation -- violations .Although the method is different ,but similar targets and the results of the same .
Secondly ,two kinds of mode in order to maintain the balance between the state and its components .In federal countries ,no matter what kind of mode to play such a function .Finally, the two models of judicial review is to protect the country between different agencies of decentralization ,either or both houses of Parliament legislative and administrative decentralization .
Due to different legal traditions ,different countries may be suitable for different models of judicial review ,louboutin,but once started ,the effect of the different modes are the same ,and if they are shut sb.
,then these effects will play does not come out .Four ,conclusion :the system of judicial review of the prospects of Professor Kapp Laidi points out ,the system of judicial review of development a bit like Hagel Dialectics : ( Natural Justice ) stage ,the king and parliament law are considered subject to higher unwritten rules ;then is the rule of Justice ( legal justice ) stage ,also is the glorious revolution and the period of the French Revolution ,Parliament and statutory maximum position to get publicity, the court and the theory of natural law is relatively low, its role to maintain the principle of administration according to law ;finally the constitution Justice ( constitutional justice ) stage ,in the sense of legal justice in form and substance in combination with natural justice .
The modern constitutional aims at the national titration is embodied in the principle of natural law . meaning of justice is the constitution to limit the power of government ,and the design procedure and system to implement this limitation .
The court then to play the role ,to maintain the constitutional principles and the eternal will not just .The last stage is set in three comprehensive concept :some more plateau has the highest status ,these principles must obtain the written form of justice ,and is aimed at the ordinary legislation to implement the Constitution with the necessary tools .
Began as a natural justice in the history of its development,Louboutin Pas Cher, the system of judicial review is the ill-fated .1803 Marbury v. Madison the United States of America natural justice concept ,namely a conflict with the constitution of the legislative act is invalid ,and therefore could not restrain the general court .
after the revolution, a representative democracy is the third grade down including judicial elite, powerful class ,the western world evolutionary path had temporarily split .The United States to receive the traditional concept ,through judicial review of administrative and legislative body to force higher law ;continental Europe from natural justice to the rule of law and justice ,the elected representative body is considered to be the most reliable support for universal human rights .
However ,after after the autocratic rule ,people find that democracy ,rule by law and liberty are interdependent ,the rule of law and justice is not necessary and natural justice conflict ;instead, the counterbalance authoritarian aspects ,they are natural allies .
Comparative studies show that ,judicial review is the natural enemy of dictatorship ;any judicial control of the effective system and anti free dictatorship be misfits ,which is not for its content ,regardless of whether they place themselves in the left or right of the political spectrum .
also because of this ,the system of judicial review and democracy as the world today is generally accepted .Although the UK ,Holland and a few developed countries still free from constitutional justice ,more and more countries have already realized the necessity that system exist ,and thus have the text of the Constitution defines some form of judicial review .
If a country text without this system ,so this country unless the court as the United States ,Israel and the Nordic countries as independent and creative, we almost certainly the constitution of the state of other system is not exist ,even in very specific regulations may not be implemented .
This is the difference between the Constitution and constitutionalism ,and Professor Sartori said security ( garantiste ) constitution ,nominal ( nominal ) constitution and the appearance of ( fa ?ADE ) or deceptive ( fake ) constitution the fundamental distinction between .
judicial review system -- either distributed or Centralism -- helps prevent the constitution into exist fraud ,and the constitution from name or window real right guarantee .However ,although the judicial review system is so important, we often have a look at it at a distance .
We may be on the rule of law has been familiar for democracy and freedom ,may feel very warm, but for judicial review was a strange even indifference .Investigate its reason ,probably due to lack of experience we don this system will bring us anything, and engaged in the review mechanism because it in the political profile ,technically rigorous and on the surface and popular conceptions of conflict by indifference, rejection .
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Judicial reform is urgent to set up a comprehensiv
Judicial reform is urgent to set up a comprehensive evaluation system of Wang Guiyu - to establish the judicial reform in China the evaluation index system, not only can timely feedback ,correction and perfection of Chinese judicial system reform the problem in advancement ,but also for China next step reform and perfect provide important reference, effectively guarantee the reform of judicial system in China smooth progress .
Review of China in the past thirty years of the reform of the judicial system ,with the national political ,economic and social development forward, Chinese construction of rule of law and the judicial system construction also gained huge success ,not only establish and improve the judicial system ,but also improve the civil ,criminal and administrative three trial system ,basically formed a line with building a socialist country ruled by law requirements for the specific situation in China modern judicial system .
But at the same time ,also ought to see ,Chinese judicial system reform process ,achievement and problem coexist ,the opportunities and challenges ,still need to further deepen reform and improve .
China system reform ,must be in the Chinese context under the cognitive ,otherwise it is difficult to grasp the essence of the reform of judicial system in china .At present, China system reform ,already entered the crucial period of reform ,facing a prerequisite question we have to establish the corresponding evaluation index system .
Establishment of China reform of the judicial system of the evaluation index system,christian louboutin, not only can timely feedback ,correction and perfection of Chinese judicial system reform the problem in advancement ,but also for China reform and perfect the next to provide important reference ,effectively guarantee the smooth progress of judicial reform in china .
Of course ,the reform of the judicial system of the evaluation index system, should be a multi-level ,all-round ,three-dimensional evaluation index system .China reform of the judicial system of overall evaluation index system ,is China reform of the judicial system of evaluation index system ,louboutin pas cher,relating to the country every field of social life ,is China judicial system reform should be one all follow the general evaluation index system .
China system reform ,christian louboutin pas cher,it is a huge systematic project ,must involve the country in all areas of life or all levels .Therefore ,must from the country in all areas of life to the reform of the judicial system to conduct a comprehensive consideration and comprehensive evaluation .
The author thinks ,on the reform of judicial system in China ,at least should be established in the following aspects of the general evaluation index system .First ,political security index system .
The judicial reform in China security index system ,the primary concern is :China judicial system reform from the angle of politics should be how to be evaluated ?Chinese judicial system reform should be politically follow what kind of guiding ideology ?Establishment of political security evaluation index system and the basic principles of the basic idea is to what ? Three first how the reform of the judicial system to carry out and fulfil ?Wait.
In a word ,the judicial reform in China in the field of political evaluation index system, shall be in compliance with China policy ,national policy and the national judicial reform outline of the spirit of the document ,so as to ensure the correct political direction of the reform of the judicial system .
In second ,the rule of law security index system .Chinese judicial system reform law safeguard index system ,mainly refers to the Chinese judicial system reform ,must be in the country under the rule of law background ,to obey the rule of law principle ;Chinese judicial system reform ,not only to comply with Chinese law regulations, pay more attention to procedural provisions .
Chinese judicial system reform in law field evaluation index system, is mainly for the reform of the judicial system itself whether to follow the requirements for measurement and evaluation .
It is only in the doctrine of rule by law and reform train of thought ,Chinese judicial system reform will be the reform of sports type ,can make the judicial reform solid system safeguard .
Third ,social evaluation index system .China reform of the judicial system of social evaluation index system, is the main means to establish a society for the reform of the judicial system understanding and evaluation criteria, it is the judicial democracy requirement and embodiment of thought .
China reform of the judicial system ,is the public face of the real life ,their ultimate goal is to give the community a good judicial services ,therefore ,the reform of the judicial system success or failure ,good or bad ,of course,louboutin pas cher, to accept social ( citizens ,public and social groups ) judge .
But at the same time ,louboutin,how to avoid in the social evaluation of moral judgment ,public justice phenomenon, should also be the social evaluation index system ,an important problem that must be considered .
Fourth ,economic security target system . Market economy is legal economy ,the judge pointed out that the rule of law in social and economic developing is important action .A sound market economy ,need a perfect system of law of economy and the matching ,and sound economic law to be generated and perfect, hand thanks to national economy benign development, on the other hand also benefited from the judicial ( especially the court referee ) on the economic life form .
The judicial reform in China target system in the economic field ,is to establish a series of on the reform of the judicial system of evaluation index ,through the economic and legal system and the reform of economic and legal environment changes ,so as to test and feedback of the reform of judicial system dynamic .
Fifth ,cultural security index system .The judicial reform in China cultural security index system ,is refers in the cultural field to establish a measure of Chinese judicial system reform target system .
Because of the success ,the reform of the judicial system ,to guide and establish suitable for Chinese political reality of judicial system and judicial mechanism ,Louboutin,through the judicial system in practice ,Louboutin Ireland,will be in the community formed a culture of the rule of law .
Individual citizens with basic knowledge of law ,with a strong consciousness of rights ;social will form a kind of law , consensus ,etc. .Therefore ,in the field of culture establishment of judicial reform in China on the evaluation index system, also can reflect the Chinese judicial system reform overview and status .
In short ,China has stood on a new historical starting point ,which in turn must be based on China reform process ,present situation ,problems and Prospect evaluation .China reform of the judicial system should be included ,from concept to system ,from theory to practice ,louboutin pas cher,from the kernel to the peripheral aspects of reform and innovation .
At the same time ,China reform of the judicial system ,is not only a political problem ,or a legal issue ,consideration shall be given to the reform of the judicial system itself has a political reform the rule of law reform .
Finally,christian louboutin, must also be aware of ,Chinese judicial system reform ,must insist on Chinese national condition premise, also pay attention to absorb or learn the world other country or region of the mature experience of judicial reform ,minimize .
I think ,this should become Chinese judicial system reform direction! This article :the Legal Daily April 25, 2012 sunny autumnheart ,suddenly moved ,the sun is so bright .Crowding and warm .
You with the sun and with great care ,to the autumn .The sun should stay ,stay in the beautiful and happy moment, stay in the old time .Reason and restraint cannot imprison sunshine male aggression on soul temptation .
Arbitrary overbearing and soft conquered no shore heart .Sunshine in a peculiar smell ,to infiltrate the passion and imagination, let the dream begins to rotate .A little maid like to her master stretch, waiting for the sun .
Her heart itch .Curtain ,closed .Sight left heart lead .The maid by her master, traction ,swim in the waves are in passion edge ,and is fully and delightfully sing .All of a sudden ,beautiful world up .
Like sunlight caressing ,such as spring breeze ,such as a drop of rain shower ,such as dew infiltration ,too wonderful for words .Sunshine ,boiling .Heart ,boiling .Sun lips ,gently suck painful meditation .
The response to this pain ,let the sun spoonful spoonful of feeding .Creeping in the sun ,Louboutin,heard a strong beats ,loud and strong .Listen to the sound of bells for her vibrato, eye ,tears yingying .
Hand ,touch the sun ,slender hands over the sunshine of systemic ,touch the domineering outside the tenderness of 10 thousand ,the maid heart with the temptation of the sun ,listen to the male rushing and combustion .
Curtain ,open .Heart tiny fibrillation .The days of sunshine is neither heaven nor Hell ,such as back to the starting point ,the cruel ,any moment are broken ,broken into fragments of memory ,how splicing seams ,but also highlights an imperfect .
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