With the differentiation and realignment of the Social Strata of China,an intermediate stratum is quietly rising at the turn of the century.The intermediate stratum’s scale of population and its social influence are ...With the differentiation and realignment of the Social Strata of China,an intermediate stratum is quietly rising at the turn of the century.The intermediate stratum’s scale of population and its social influence are constantly expanding.It has such a deep influence on the course of China’s modernization that becomes a social phenomenon which must be faced up to at present and hereafter a period.This article makes several analyses on the social features of China’s intermediate stratum and some problems in the rising course of intermediate stratum.展开更多
Judicial reform has been one of the important social topics in China in recent years.After speeches by state and Party leaders,lengthy articles by academics,endless studies and research,and innumerable reform measures...Judicial reform has been one of the important social topics in China in recent years.After speeches by state and Party leaders,lengthy articles by academics,endless studies and research,and innumerable reform measures in the judiciary,it seems that all that can be written has been written,all that can be said has been said,and all that can be done has been done.Yet,in the wake of such tremendous efforts,the level of public satisfaction with the results of judicial reform is quite low and disappointment often surpasses expectations.As a result,some people believe that the fountain of judicial reform is exhausted,and to them,the reformers and scholars should change course and try to find the next hot spot of reform for governing the country according to law.This,of course,is not advisable.To achieve the constitutional goal of building a socialist rule-of-law country,a modernized judicial system is indispensable.This is not merely a theme in the study of jurisprudence,but also the logic of the concept of the rule of law itself.Therefore,though the road of reform may be hard and tortuous,we have no choice but to charge ahead.Judicial reform is a long-term task,not a single action that is clearly defined.The Chinese society is developing and changing.So the judicial system that is charged with the responsibility of maintaining social justice must be well adapted to the developments and changes.This paper will take a mission as to do a bold review for the social background of judicial reform,the achievements made since 1980’s,to explore issues like the contradictions and difficulties in further reform,and most importantly,to re-affirm an ideal judicial power suited to the needs of China’s development in the new millennium.展开更多
Many states have placed judicial reform on their cross-century reform agenda.The direction of reform is determined by social and economic conditions of each state while the specific content of reform is determined by ...Many states have placed judicial reform on their cross-century reform agenda.The direction of reform is determined by social and economic conditions of each state while the specific content of reform is determined by individual judicial system and the basic concepts supporting it.Although sharing a similar understanding of judicial authority,the continental legal system and the common law system have actually developed judicial concepts that are quite different from each other.As a result,whether in judicial organization,proceedings and the administration of the profession,the two legal systems differ remarkably.As they all link with one another,a practical reformer may only engage in functional adjustment on the basis of the system.The cross-century judicial reform launched in Taiwan is confronting an arduous challenge.Being bold and resolute in action than ever,the Taiwan “Judicial Yuan” has worked out an ambitious reform scheme.Much to our regret,however,the reformers have overlooked different judicial concepts behind the system.The scheme,as a matter of fact,is wavering between two concepts.This is likely to lead to a consumption of tremendous social cost.Yet due to failure to grasp the very cause of the decease,the reform will by no means solve the problems it intended to resolve.More problems may crop up eventually.展开更多
文摘With the differentiation and realignment of the Social Strata of China,an intermediate stratum is quietly rising at the turn of the century.The intermediate stratum’s scale of population and its social influence are constantly expanding.It has such a deep influence on the course of China’s modernization that becomes a social phenomenon which must be faced up to at present and hereafter a period.This article makes several analyses on the social features of China’s intermediate stratum and some problems in the rising course of intermediate stratum.
文摘Judicial reform has been one of the important social topics in China in recent years.After speeches by state and Party leaders,lengthy articles by academics,endless studies and research,and innumerable reform measures in the judiciary,it seems that all that can be written has been written,all that can be said has been said,and all that can be done has been done.Yet,in the wake of such tremendous efforts,the level of public satisfaction with the results of judicial reform is quite low and disappointment often surpasses expectations.As a result,some people believe that the fountain of judicial reform is exhausted,and to them,the reformers and scholars should change course and try to find the next hot spot of reform for governing the country according to law.This,of course,is not advisable.To achieve the constitutional goal of building a socialist rule-of-law country,a modernized judicial system is indispensable.This is not merely a theme in the study of jurisprudence,but also the logic of the concept of the rule of law itself.Therefore,though the road of reform may be hard and tortuous,we have no choice but to charge ahead.Judicial reform is a long-term task,not a single action that is clearly defined.The Chinese society is developing and changing.So the judicial system that is charged with the responsibility of maintaining social justice must be well adapted to the developments and changes.This paper will take a mission as to do a bold review for the social background of judicial reform,the achievements made since 1980’s,to explore issues like the contradictions and difficulties in further reform,and most importantly,to re-affirm an ideal judicial power suited to the needs of China’s development in the new millennium.
文摘Many states have placed judicial reform on their cross-century reform agenda.The direction of reform is determined by social and economic conditions of each state while the specific content of reform is determined by individual judicial system and the basic concepts supporting it.Although sharing a similar understanding of judicial authority,the continental legal system and the common law system have actually developed judicial concepts that are quite different from each other.As a result,whether in judicial organization,proceedings and the administration of the profession,the two legal systems differ remarkably.As they all link with one another,a practical reformer may only engage in functional adjustment on the basis of the system.The cross-century judicial reform launched in Taiwan is confronting an arduous challenge.Being bold and resolute in action than ever,the Taiwan “Judicial Yuan” has worked out an ambitious reform scheme.Much to our regret,however,the reformers have overlooked different judicial concepts behind the system.The scheme,as a matter of fact,is wavering between two concepts.This is likely to lead to a consumption of tremendous social cost.Yet due to failure to grasp the very cause of the decease,the reform will by no means solve the problems it intended to resolve.More problems may crop up eventually.
