(China's Turn Against Law)

Minzner, Carl F.; Jing, Wang

doi:10.2139/ssrn.2343851

Cited by 41 publications

(67 citation statements)

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“…Huang, 2010), as a reversal viewed as an error could carry financial and political consequence for judges involved (e.g. Minzner, 2010). The stricter one sticks to the law, the less likely one's judgment is to be reversed.…”

Section: Discussionmentioning

confidence: 99%

Criminal appellants’ claims and appellate courts’ answers: An empirical analysis of criminal appeals in Hunan province, China

Kuang

Liang

2014

Australian & New Zealand Journal of Criminology

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To date, studies (especially empirical studies) on China criminal appeals are still rather limited, and most of them focused on the review mode, functions and values of appellate review, and correction of judicial judgments of the first instance. Based on 444 judicial documents rendered by appellate courts in Hunan Province, China, this study focuses on grounds raised by appellants and appellate courts' answers, and addresses two specific questions:(1) what are grounds raised by criminal appellants in their appeals and how successful are they (measured by acceptance by appellate courts)? (2) How do appellate courts come to the final disposition decision, and are their dispositions subject to influences of systematic factors? Our analyses found that the nature of a comprehensive review in criminal appeals and discretional power possessed by Chinese judges affected both defendants' appeals and appellate judges' responses. Only three variables (the number of grounds accepted by appellate courts, the number new mitigating factors found by the courts, and the presence of attorneys) were found to have significantly impacted the final disposition. This empirical inquiry sheds light on the practice of criminal appeals in general.

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Section: Discussionmentioning

confidence: 99%

Criminal appellants’ claims and appellate courts’ answers: An empirical analysis of criminal appeals in Hunan province, China

Kuang

Liang

2014

Australian & New Zealand Journal of Criminology

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“…Based on a long standing juridical tradition going back to the 1930s [81] (p. 150), [88] (pp. 272-278) and [92,93], judicial mediation was established in its actual formulation by the "Civil Procedure Law" 1982.…”

Section: The Compensation Of Asbestos Damages Suffered As the Consequmentioning

confidence: 99%

“…Nevertheless, according to some scholars, as judges are required to give prominence to mediation when adjudicating cases, judicial mediation is not always the consequence of an actual free choice of the parties, but rather the fruit of the warm suggestion, if not imposition, of the judge [93] (p. 959). Moreover, the double role played by judges, as mediators and adjudicators of the same dispute, could influence their judgments, and the mediation could be the cause of substantial injustice due to the lack of any formal procedural requirement or a mean used by lower court judges to avoid the application of a positive law they don't know well enough [77] (pp.…”

Section: The Compensation Of Asbestos Damages Suffered As the Consequmentioning

confidence: 99%

“…25, 39-43), the same institute was recently revived, as a tool to limit the large number of "xinfang," petitions directed to the central authorities in Beijing against the court decisions (which we shall discuss later) and to control the social conflicts that surround those petitions [92] (pp. 25, 48-54), [93] (p. 937) and [95] (pp. 303-306).…”

Section: The Compensation Of Asbestos Damages Suffered As the Consequmentioning

confidence: 99%

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The Rough Path to the Compensation of Asbestos Damages in China

Coggiola

2017

Sustainability

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Abstract:The article investigates the issue of asbestos damages compensation in China. Today, China is a major player in the global market of asbestos production and consumption. Therefore, a large number of Chinese workers are employed in the asbestos industries and an even larger number of individuals are exposed to asbestos for non-occupational reasons. Although there is no official data on the numbers of asbestos-related diseases in China, it is estimated that a significant part of the population developed asbestos-related diseases and that there will be an augmentation of those diseases in the future. This article examines the Chinese legal provisions on the prevention, control, and compensation of asbestos related diseases; both in cases of environmental and occupational exposures, and analyzes if and when those provisions are applied. This research shows that although the laws and the regulations enacted by the Chinese government provide protection for those exposed to asbestos dust, and entitle them to some compensation or indemnity where those exposures caused damages, the implementation of those rules is actually very difficult, due to a variety of different reasons. Those reasons can vary from problems in the interpretation and implementation of the laws and regulations, to difficulties in the access to justice and in the adjudication by the courts, regarding occupational and environmental damages. In most of these cases, the consequences of these problems are a poor and inefficient protection of the victims of the asbestos exposures for the damages suffered.

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“…Although the GORS, as well as the Captain of the River instrument, has been criticized as a 'rule of man' (Minzner, 2009), as being 'against the law' (Minzner, 2011), or as 'fixing the symptom instead of the root causes', it does not seem to be a better way of controlling rapid environmental degradation and achieving immediate results against the backdrop of a country undergoing a political and legal transition from an 'only GDP' era to a sustainable development era. Since the environmental problem is unique and must be quickly addressed, 'fixing' the symptoms can save time for 'fixing' the root causes.…”

Section: Daimentioning

confidence: 99%

A new perspective on water governance in China: Captain of the River

Dai

2014

Water International

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(China's Turn Against Law)

Cited by 41 publications

References 1 publication

Criminal appellants’ claims and appellate courts’ answers: An empirical analysis of criminal appeals in Hunan province, China

Criminal appellants’ claims and appellate courts’ answers: An empirical analysis of criminal appeals in Hunan province, China

The Rough Path to the Compensation of Asbestos Damages in China

A new perspective on water governance in China: Captain of the River

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