Judicial Documents Research Articles

Does the publication of judgments on the Internet change the outcome of administrative litigation cases? A DID-model-based analysis

This article analyses the influence of the publication of judgments on the Internet on the results of administrative litigation cases in China. Due to the particularity of administrative litigation, courts are often subject to the restriction of public power in the trial process, and defendants are in a stronger position than plaintiffs. In 2010, the Supreme People’s Court (SPC) issued the Regulations on the Issuance of Judicial Documents on the Internet by the People’s Courts, which for the first time imposed clear and detailed regulations on the publication of judgments. This Regulation promotes judicial openness and establishes judicial credibility, which is conducive to balancing the litigation status of the plaintiff and the defendant. By sampling 7463 judgment documents from 2012 to 2015 on China Judgment Online, this study applies a difference-in-differences model to determine the influence of the Issuance of Judgments on the Internet Regulation on administrative litigation by form of closure, the plaintiff winning rate, and the withdrawal rate of the plaintiff. The implementation of this Regulation was found to significantly increase the rate of judgment and reduce the plaintiff withdrawal rate, significant impacting the trial results of administrative litigation cases.

Can private parties contract out of the Hague Service Convention?

Treaties are concluded by States but often impose rights and obligations directly upon private parties. Can private parties contract out of a treaty including States’ oppositions without explicit permissions granted by the treaty? The complexity between party autonomy and State sovereignty is reflected in recent cases and unsettled debates regarding the Hague Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters of November 15, 1965 (“HSC”). The HSC contains a large number of oppositions made by 65 Contracting States including China, Germany, India, and Singapore. Combining public and private international law, this paper aims to explore the correlative relationship between party autonomy and State sovereignty in applying the HSC.

The path of management of dispute cases of legal issues of webcasting bandwagon industry in the information age

Abstract In this paper, for the common live streaming with cargo dispute cases in the context of the information technology era, the live streaming with cargo industry dispute case retrieval algorithm based on case-based reasoning calculates the attribute similarity measure and weights of the dispute cases in order to realize the live streaming with cargo industry dispute case retrieval. Three thousand judicial documents with live streaming with cargo disputes as the cause of the case were crawled from the China Judicial Documents Network as the initial data for the study and the method of BIOES was used to annotate the initial data and formulate eight basic legal elements of live streaming with cargo dispute cases. The form of extracting legal elements of live streaming with goods industry is transformed into a multi-label text classification task, and the neural network modeling method combined with the attention mechanism is used to design the extraction model of legal elements of the live streaming with goods dispute cases, and then the live streaming with goods dispute cases on the Internet are analyzed by examples. The results show that the Acc value of this paper’s model is 0.973, the Loss value is 0.051, and the F1 value is 0.981, and on the whole, this paper’s model performs better compared with the other five models, i.e., it shows that this paper’s model can be more intelligent and accurate to collect the case element information under the field of live streaming with goods disputes. This study aims to contribute to the development of a new sales model of live streaming with goods benignly.

Unpacking the exclusionary rule of repeated confessions in China

While Chinese law recognises that repeated confessions following an initial confession procured by illegal means should be excluded from trial, the legal doctrine by which China excludes such evidence differs significantly from other jurisdictions. China's approach to the exclusion of repeated confessions is premised on what this paper loosely terms a ‘principle plus exceptions’ model, in which a general exclusionary rule for repeated confessions is supplemented with a closed list of exceptions. A study of the 113 cases on China Judicial Documents Network highlights the difficulties in the operationalisation of the ‘principle plus exceptions’ model, with the result that the law on repeated confessions is inconsistently applied. In response, this paper proposes that China should adopt a flexible and open-ended case-specific analysis, whereby courts examine the admissibility of the repeated confession based on the circumstances of each case and various factors. In the end, this paper advocates for essential institutional reforms aimed at bolstering the judicial authority of the Chinese judiciary and facilitating the advancement of evidence law reform in China.

RETRACTED: Can Digital Financial Inclusion Help Reduce Urban Crime? Evidence from Chinese Criminal Judgment on Theft Cases

The rapid development of digital finance has changed all aspects of human life and has also had a deep impact on the social governance system. This paper constructs an unbalanced panel of data of the theft crime rates for 289 cities in China during 2014–2019 based on the theft criminal judgments published on China’s Judicial Documents website and explores the impact of digital financial inclusion on urban theft crime. It shows that there is a significantly negative correlation between digital financial inclusion and the urban theft crime rate, indicating that the development of digital financial inclusion can effectively reduce urban theft crime, which is also confirmed by instrumental variable analysis based on the spherical distance between cities and Hangzhou, and that digital financial inclusion mainly reduces theft crime committed by more serious and highly educated individuals. In addition, mechanism analysis shows that digital financial inclusion can reduce the expected benefits of theft by enhancing payment convenience and raise the opportunity cost by promoting employment. Therefore, in the Internet era, it is essential for China to continuously improve social governance tools that adapt to the development of new technologies to achieve high-quality urban development.

How to Regulate the Infringements of Geographical Indications of Agricultural Products-An Empirical Study on Judicial Documents in China.

Under the background of China's strategy of becoming a powerful agricultural country, geographical indications (GIs) of agricultural products, as an important intellectual property right to enable Chinese agriculture to develop with high quality, have a strong effect of strengthening and promoting agriculture. However, there are a large number of infringements of GIs among agricultural products in judicial practice, which not only greatly damage the economic and social values of GIs of agricultural products, but also bring huge food safety hazards to consumers and hinder the overall protection of intellectual property rights in China. On this basis, this paper, with the help of a quasi-case research method, integrates the facts of relevant cases, the focus of disputes, the application of law, and other case elements to realize the case similarity judgment based on the legal argumentation model. With the help of the retrieval tool of "Peking University Magic Weapon", this paper provides statistics on the civil cases of infringement of GIs of agricultural products in China from 1 January 2014 to 31 July 2022 and sets different retrieval conditions for two searches. After two screenings, 245 valid samples were obtained, and the judicial patterns of infringement disputes over GIs of agricultural products in China were systematically sorted out from the distribution of plaintiff and defendant, the distribution of infringement types, the basis of adjudication, and the standard of compensation. It was found that the plaintiff types showed double simplification, the infringement types took edge infringement as the basic form, and the general trademark provisions occupied the main position in legal applications. Then, the main litigation points, such as the dispute over the identification of GIs of agricultural products, the dispute over the use of geographical names, and the dispute over tort liability, are summarized, so as to dig out the characteristics of the implicitness of infringement, the expectation of implementation, and the concreteness of aspects. On this basis, the regulatory path of the infringement of GIs of agricultural products is put forward, such as introducing procuratorial public interest litigation, multi-agents cooperating to implement all-round supervision, and reasonably determining the amount of damages.

我国刑法中“袭警罪”的犯罪学分析——以中国裁判文书网253例案件为样本

我国刑法中“袭警罪”的犯罪学分析——以中国裁判文书网253例案件为样本

The Conflict and Balance between Public Disclosure of Judicial Documents and Personal Data Protection: An Examination of the Anonymization Mechanism

The Conflict and Balance between Public Disclosure of Judicial Documents and Personal Data Protection: An Examination of the Anonymization Mechanism

The Impact of China's Legal System on Public Health and Quality of Life during the COVID-19 Pandemic: An Empirical Study.

(1) Background: During the COVID-19 pandemic, the methods used to ensure the quality of public health and life changed. This study used empirical research methods to analyze the development of China’s legal system during the COVID-19 pandemic and its impact on the quality of public health and life and to clarify its importance in ensuring the quality of public health and life. (2) Materials and Methods: This study analyzed the development of China’s rule of law system during the COVID-19 pandemic by using two authoritative databases, the Peking University Magic Key Database and the China Judicial Documents Network, and examined the scope of public health and quality of life under this system. (3) Results: During the COVID-19 pandemic, China’s rule of law system, with the main objective of controlling the pandemic, developed rapidly, effectively ensuring the quality of public health and life in different areas. As part of this system, the administrative activities of government departments played a key role. (4) Conclusions: During the period of the COVID-19 pandemic, China’s legal system protected the quality of public health and life from the impact of the pandemic in many areas. Meanwhile, along with the important role of government administrative law enforcement activities in the prevention and control of a pandemic, the quality of public health and life should also be protected against illegal administrative acts in the future.

The Judicial Document as Informal State Law: Judicial Lawmaking in China’s Courts

Judicial documents, which interpret statutory laws and make new rules for adjudication, have become a robust basis for judicial decision making in China. This article examines why and how, with no explicit congressional delegation, the practice of producing judicial documents has become embedded in the adjudication of China’s courts; how judges can effectively refer to judicial documents during adjudication; and the extent to which judicial documents have enabled subnational courts, under the dual leadership of superior courts and the local Party committee, to efficiently and effectively respond to subnational diversity and differences in local politics. It proposes the theory that this judicial lawmaking practice exists in a “twilight zone” between legal and illegal and examines why it is suitable for maintaining the political resilience of China’s authoritarian regime.

Study on the System of Penalty Substitution in Taiwan, China—Based on 494 Commutation Judicial Documents

Although the penalty substitution system has not been established in mainland China, there is no lack of relevant discussion. Some scholars suggest that we should learn from the introduction of a commutation system to alleviate the disadvantages of short-term freedom penalty and the difficulty of fine penalty implementation; other scholars discuss the function and value of penalty substitution. In mainland China, short-term free penalty and fine penalty are statutory punishments for many crimes, and if the penalty replacement can be realized within a reasonable range, it can also alleviate the disadvantages of the execution of the penalty. The judicial system of Taiwan is rich in judicial practice and has a long time to revise. Based on legislative data and 494 judicial documents related to commutation in Taiwan, China, a comprehensive review of the penalty substitution system in Taiwan will help to explore the role and limitations of penalty substitution as an alternative to punishment.

秦漢司法文書分類名稱簡論 -兼談“爰書”ㆍ“奏讞書”ㆍ“劾狀”之名 (진한(秦漢) 사법문서(司法文書)의 분류 명칭에 대한 간론(簡論) -兼談“원서(爰書)”ㆍ“주언서(奏讞書)”ㆍ“핵장(劾狀)”의 명칭 겸론)

秦漢司法文書分類名稱簡論 -兼談“爰書”ㆍ“奏讞書”ㆍ“劾狀”之名 (진한(秦漢) 사법문서(司法文書)의 분류 명칭에 대한 간론(簡論) -兼談“원서(爰書)”ㆍ“주언서(奏讞書)”ㆍ“핵장(劾狀)”의 명칭 겸론)

The Protection of Privacy in the Disclosure of Judicial Documents

In the reforming of the judicial system, the online publication of judicial documents takes the lead and has become an important achievement, as privacy protection has become an important concern. However, the online judicial documents are faced with great challenges. On the one hand, it fails to distinguish between judicial democracy, forming rules and judicial unification, resulting in the theoretical conflicts between disclosure and privacy protection. On the other hand, it cannot reflect the differentiated disclosure needs of different types of cases. Considering the protection of privacy in the publication of judicial documents, the publicity should be distinguished according to the type of cases, and stipulated by the NPC in the form of law to resolve the concerns of privacy protection.

豫沪两地一审离婚诉讼涉及家庭暴力案件的现状分析——基于对中国裁判文书网上354份裁判文书的统计分析

豫沪两地一审离婚诉讼涉及家庭暴力案件的现状分析——基于对中国裁判文书网上354份裁判文书的统计分析

TEISMINIŲ DOKUMENTŲ ĮVARDIJIMAI TREČIAJAME LIETUVOS STATUTE IR JŲ RAIDOS BRUOŽAI

DESIGNATION OF JUDICIAL DOCUMENTS IN THE THIRD STATUTE OF LITHUANIA AND THE ATTRIBUTES OF THEIR EVOLUTION ADAM STANKEVIČ The author of the article analyses the designation of documents drawn up and issued by the court, their conception, field of application, and place in the court procedure as presented in the Third Statute of Lithuania (TSL). In addition, an attempt is made to exhibit the changes that such documents and their designations underwent in later centuries (until the end of the 18th c.) by means of the example of the Lithuanian Tribunal. The research revealed that documents which in the sources from different periods were referred to by the same name meant different things or were simultaneously attributed several meanings. In the 17th-18th century, only part of the terms featured in the Third Statute of Lithuania were used in the judicial practice of the Lithuanian Tribunal, and with time some of them were replaced with other terms. Several terms denoting summonses (pozew, mandat, zakaz) can be identified in the TSL, and all of them were in use until the very end of the 18th century. However, a single term – dekret / decretum – was used to designate the judgement (actually, for some time there was a differentiation between the court judgement and its procedural summary, but later the generalized term for the judgement prevailed). A number of documents in the TSL are referred to as the “open letter”, however, later some of them acquired specialised names (e.g. the power of attorney). With time, there were certain changes in the context in which some of the terms were used (e.g. the term “cedule” which in the 18th century was already consistently used exceptionally in a particular situation, namely when a litigant refused to obey the order of the court and informed in writing a judicial officer of such refusal) or the terms themselves underwent certain changes (in the 18th century the term membran was substituted with the term blankiet). Part of the judicial documents mentioned in the TSL disappeared in the long run or there was a certain decrease in their significance (this is true of the reminder and adjournment documents as well as glejt (protection letter)). The examples above suggest that the Lithuanian Tribunal would sometimes issue reminders and guarantee documents, though legal acts did not explicitly provide for that. The TSL offered a number of terms hardly related with the investigation of a case, therefore in the early 18th century, with the improvement of judicial procedures, they underwent rapid changes. The procedure of the implementation of a court ruling, which underwent significant changes, is accountable for the introduction of new terms, for example, with time several terms pertaining to the notification of the litigants were used simultaneously (obwieszczenie, innotescencyja, list tradycyjny). Most probably due to the unification processes observed in the Polish-Lithuanian Commonwealth in the 18th century, a number of Latin origin terms were introduced in the judicial practice of the GDL, e.g. cytacyja, decyzyja, innotestencyja, plenipotencyja, obdukcyja, wizyja, inkwizycyja, weryfikacyja, kalkulacyja, tradycyja (all of them had been used in Poland but were not featured in the TSL).

Cooperación judicial internacional sonorense

En los últimos años, particularmente, el Poder Judicial del Estado de Sonora ha estado recibiendo cartas rogatorias o exhortos provenientes del extranjerorrelacionados con asuntos de naturaleza civil, y otros asuntos de muy diversa naturaleza. Este mismo hecho motiva, que podamos deducir ciertasr circunstancias y características especiales que denotan cierta actividad directa de cooperación internacional en trámites judiciales ante los tribunales sonorenses, particularmente en el Supremo Tribunal de Justicia del Estado de Sonora, como oficina recepcional de los exhortos y cartas rogatorias procedentes del extranjero. Dada la naturaleza del referido trámite, la aplicación del - Convenio de la Haya sobre la notificación o el traslado en el extranjero de documentos judiciales o extrajudiciales en materia civil o comercial y el Convenio sobre Obtención de Pruebas en el Extranjero; en el seno de la academia, los docentes, nos dimos a la tarea de localizar dichas rogatorias para analizar in situ dicho trámite y lamentablemente constatar que el mismo puede llevar mas tiempo de lo deseable y en ocasiones resultar demasiado complicado. El desarrollo del presente trabajo es derivado de la colaboración entre la Academia de Derecho Inernacional y la Secretaria General de Acuerdos del Supremo Tribunal de Justicia del Estado de Sonora.

包山楚簡 司法文書를 통해 본 戰國 楚의 文書行政體系

包山楚簡 司法文書를 통해 본 戰國 楚의 文書行政體系

Судебно-следственные документы XVIII в.: особенности выявления и работы с источниками

Судебно-следственные документы XVIII в.: особенности выявления и работы с источниками

: . 13 1965 . (Refusal to Facilitate Service of Foreign Judicial Documents: A Case Study on Application of Article 13 of the Hague Service Convention 1965)

English Abstract: Transnational cases became an integral part of the litigation landscape in the Russian Federation. In these circumstances Russian litigants periodically face the service of process under the Hague Service Convention 1965 (the “Convention”). The article focuses on a detailed analysis of the case law on application of Art. 13 of the Convention, which provides that the state addressed may refuse to comply with the request for service if “it deems that compliance would infringe on its sovereignty or security”. In the light of the recent statement of Anton Ivanov, the Russian Supreme Commercial Court Chairman, at International Legal Forum in St. Petersburg on “unfair competition among legal systems”, the authors provide their considerations how the application of Art. 13 of the Convention may be engaged to resolve conflicts between jurisdictions in a civilized way. Meanwhile, the authors warn against enforcing such “protective measures” at large in order to ensure the exclusive jurisdiction of Russian courts.Russian Abstract: В Российской Федерации международные судебные процессы стали неотъемлемой частью литигационного ландшафта. В этих условиях российские участники процесса периодически сталкиваются с процедурой вручения судебных документов в соответствии с Гаагской конвенцией 1965 г. («Конвенция»). Настоящая статья посвящена анализу кейсов, связанных с применением статьи 13 Конвенции, которая предусматривает право запрашиваемого государства отказать в исполнении запроса, если оно считает, что это может «нанести ущерб его суверенитету и национальной безопасности». В свете недавнего заявления Председателя ВАС России Антона Иванова о «недобросовестной конкуренции правовых систем», сделанного на Петербургском Международном Юридическом Форуме, авторы излагают собственную позицию в отношении того, как применение статьи 13 Конвенции может использоваться для цивилизованного разрешения конфликта юрисдикций. В то же время авторы предостерегают против расширенного использования таких «защитных мер» для обеспечения эксклюзивной юрисдикции российских судов.

Canadian Cases in Public International Law in 2012 / Jurisprudence canadienne en matière de droit international public en 2012

Service of process — Hague Convention on Service Abroad — relationship with Ontario rules of courtKhan Resources Inc v Atomredmetzoloto JSC, 2012 ONSC 1522 (9 March 2012) (Ontario Superior Court of Justice)At issue in this case, as in the Alberta Court of Appeal’s decision in Metcalfe Estate v Yamaha Motor Powered Products, also treated in this volume, is the ability of the court to resort to its domestic rules in order to effect service on a foreign defendant where the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Service Convention) applies.