Sep 2008, Volume 3 Issue 3
    

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  • Tokyo trial and Nanjing massacre
    ZHU Wenqi
    2008, 3(3): 325-352. https://doi.org/10.1007/s11463-008-0015-7
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    Nanjing massacre is undoubtedly an outstanding event that indicates the savage acts of the Japanese soldiers during World War II, and its cruelty shocked the whole world. But up to now, there are still some people in Japan denying this period of history. The Trial by the International Military Tribunal for the Far East (“Tokyo International Tribunal”) puts the monstrous crimes committed by the Japanese militarists in record, nails their violence in Nanjing to the history’s pillar of shame for ever, and declares publicly to the later generations that such violence shall never be forgot.
  • On the relationship of legal supervision and prosecution, defense, adjudication
    WAN Chun , GAO Jingfeng
    2008, 3(3): 368-387. https://doi.org/10.1007/s11463-008-0017-5
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    The purpose to set up public prosecution power is to restrict the investigation and judicial power. Public prosecution power is an organic combination of prosecution and trial supervision. The procurator’s supervision in the court does not infringe on the defendants’ procedural right. The procuratorial organ’ s supervision on the matters of the court at the same level is only a power to start the correction procedure, however, the substantive power to make the final decision of whether to admit the mistake and how to make remedies belongs to the court. Therefore, the public prosecution’s status is much higher than that of the defense and the interferences with independent judicial power of courts by legal supervision do not exist in China.
  • Perspectives on Chinese establishing state compensation system for victim of crimes
    SUN Qian
    2008, 3(3): 388-407. https://doi.org/10.1007/s11463-008-0018-4
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    The theory of recovering social justice, public remedy to rights, balance of interests and value of benefits are the basis for the establishment of state compensation system for victim of crimes, which is necessary and feasible in China. In accordance with the principles of obtaining justice and fair treatment, relying mainly on the offender’s compensation, supplemented by state compensation, state compensation with certain conditions, state compensation in due process, and the degree of compensation proportionate to the extent of damage, the related criminal legislation should provide the scope of subjects eligible for compensation, the object and limit of compensation, the competent agency of compensation, the procedure of compensation and so on.
  • Personal health care and medical treatment information and protection of privacy right
    TANG Xiaotian
    2008, 3(3): 408-422. https://doi.org/10.1007/s11463-008-0019-3
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    Personal health care and medical treatment information are both personal information which can be used as a sign to identify each individual. Such information shall be under the control of the owner. The comprehensiveness of personal health care and medical treatment information makes it more valuable than the simplex personal information. The controlling right of personal health care and medical treatment information is irretrievable once deprived. The rights of controlling, managing and using regarding personal health care and medical treatment information can be separated appropriately. The right of privacy is an independent personality right. For the protection of public interests, the right of personal privacy shall be appropriately limited. Meanwhile, the government shall be responsible for the protection of personal health care and medical treatment information.
  • Fair value of international economic law in globalization ━On the role positioning and strategic selection of developing countries and China
    LIU Zhiyun
    2008, 3(3): 423-454. https://doi.org/10.1007/s11463-008-0020-x
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    With the fast growth of economic globalization in international economy, the liberalization-oriented lawmaking has emerged, which resulted in a preliminary orderly mechanism in the global free market, but fair value is lost in the rule making of international economic law, hence resulting in a crisis of legitimacy itself. For this subject, it is necessary to find out the theory of restructuring fair value in the dispute on the essence of justice within the contemporary theory of free capitalism, and the theory of Rawls’ plural justice offers some hints. Of course, it is also quite basic for developing countries and China to anchor their roles properly and make strategic selections in restructuring fair value of international economic law.
  • Issues of Chinese legislation on public environmental lawsuits and the way out ━Latest development of American case law and its practice for reference
    CHANG Jiwen
    2008, 3(3): 455-476. https://doi.org/10.1007/s11463-008-0021-9
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    In developing Chinese legislation on public environmental lawsuits, it is not only to amend the Constitution, Law on Environmental Protection, Civil Procedure Law and Criminal Procedure Law from the aspect of legislative system, but also revise environmental regulations and judicial interpretation. In specific regulations, it is to explicitly define the scope of environmental citizen lawsuits to be accepted and heard by court, conditions of subjects, preconditions of litigation, procedures and rules for hearings, petitions of plaintiffs, modes and conditions for presenting evidence, which should not only affirm citizens’ environmental rights, extend the scope of environmental damages and the scope of cases that indirect individuals can exercise the right to sue, but also establish litigation intervention system, environmental public prosecution system, and charging standard for the participation of attorneys.