Judicial Reform Research Articles

How Does Intellectual Property Protection Empower Technological Innovation in Enterprises - Take China as an Example

With the advancement of technology, fields such as artificial skills, biotechnology, and renewable energy are undergoing rapid iterations. Correspondingly, converting these technologies into tangible assets underscores the critical role of intellectual property protection. This paper takes the current status of intellectual property protection laws in China as an example to analyze the potential benefits of an improved intellectual property protection system for innovative enterprises and the market economy and the limitations of the current Chinese intellectual property protection laws. Enhancing the intellectual property protection system can empower enterprises with creative logic by improving the market economy, shaping new modes of thinking, and refining mechanisms for benefit distribution. Simultaneously, in the face of limitations in intellectual property protection laws, improvements can be achieved by strengthening law enforcement, advancing judicial reform, refining system design, enhancing international cooperation, and raising legal awareness. This article aims to assist scholars and relevant practitioners in understanding the current status of Chinas intellectual property protection laws, thereby facilitating the development of innovative enterprises in China.

Amendments to the constitution: general theoretical aspect

It suggests that improving the process of drafting constitutions and implementing constitutional support is critical to world-building efforts in the twenty-first century. We live in the days of constitutions; more than half of the nearly two hundred existing national constitutions have either been reformed or drawn up in the last thirty years. Every year, about twenty constitutional reforms are carried out and new higher laws are adopted, most of which are part of the peace-building process in countries torn by war or as a result of economic or social crises.
 It was noted that the main dilemma of Ukrainian constitutionalism of the transitional period was expressed in the conflict between the principles of Soviet legitimacy (the so-called «Soviet democracy») and plebiscite presidential power. However, this conflict has not received a final solution until today. It is most clearly manifested in the opposition of various political forces to the Constitution and finds expression in changes to it. This phenomenon is by no means completely new in history.
 Analysis of the changes to the Constitution makes it possible to draw conclusions about the general direction of these initiatives. Thus, among them there are no proposals related to the constitutional regulation of property relations and the social sphere in general (for example, land law), an extremely small number of changes related to territorial organization, organization on the new basis of local administration and self-government, administrative and judicial reform (problems of democratization of the legal system and ensuring the rights of the individual), that is, precisely those fundamental issues that form the basis of legal modernization.
 In conclusion, one should be deeply aware of all responsibility for the strategy, implementation and consequences of the political reform aimed at updating the Constitution in accordance with new realities, balancing power relations in the state, and consolidating society. This large and multifaceted work can be considered successful only when it brings real positive changes to our lives, has a beneficial effect on all spheres and in all dimensions - from the nation, the state to a specific person and a specific family. It should be assumed that changes of such a scale and depth objectively introduce elements of instability and disagreements into society and the political situation. Therefore, they must be balanced, accurately and responsibly calculated and implemented in the shortest possible time, without disturbing the general atmosphere in the state, the rhythm of its economic life. For these reasons, it is no less important that such campaigns are carried out as rarely as possible.

The Supreme Council of Justice and the institutional mechanism for ensuring human rights

The article emphasizes that granting Ukraine the status of a candidate for the European Union imposes on the state, among other things, obligations related to judicial reform. Attention is drawn to the conclusion of the European Commission on 7 requirements, the fulfillment of which should be evidence that Ukraine is ready to continue its path in the EU. Attention is focused on the Supreme Council of Justice, the question of its legal status is revealed.
 It is noted that the rights and freedoms of a person and a citizen are a complex phenomenon. It is a mistake to reduce their provision exclusively to legal influence in the field of human rights, or legal regulation or protection of human rights. The structural elements of the human rights enforcement mechanism are the mechanism of legal influence in the field of human rights, the mechanism of legal regulation in the field of human rights, the regulatory and legal basis of human rights, the system of guarantees of human rights, and the system of protection of human rights.
 Attention is drawn to the peculiarities of the institutional mechanism for ensuring human rights in Ukraine. Its structural elements are considered.
 It is noted that the Supreme Council of Justice is a collegial, independent constitutional body of state power and judicial governance. Attention is drawn to the powers of the High Council of Justice, which are enshrined in Art. 3 of the Law of Ukraine "On the High Council of Justice". It is argued that the Supreme Council of Justice is a structural element of the institutional mechanism for ensuring human rights in Ukraine. The place of the High Council of Justice in this mechanism is determined, as well as its influence on the effectiveness of the judiciary in Ukraine.

Personal Income Tax Levied on Real Estate Business in Vietnam: Reality and Some Recommendation

Objective: The provisions of Personal income tax (PIT) on real estate are still inadequate and incompatible with the practice of economic and social development in Vietnam. Due to that fact, this scientific article researches the status quo of provisions of PIT levied on real estate to come up with some recommendations to perfect the law. Theoretical framework: Recent literature points out that PIT on real estate plays very important role in the development of Vietnam's economy, and society. However, in the current stage of development, from the influence and impact of international integration, in reality, the provisions of PIT on real estate are still inadequate. In there, limits and problems in regulations about PIT on real estate have caused many difficulties when applied. On the other hand, in the context of judicial reform in Vietnam, the issue of complete law system has always been paid special attention by the Party and Vietnam State. Method: The authors have used a combination of traditional research methods of the social sciences and legal sciences such as legal analysis method, the legal efficiency evaluation method, and comparative legal method to achieve the objectives of the research. Results: Research results have determined that the provisions of PIT on real estate are still inadequate, and affect the state budget, and the economy, society in Vietnam. Conclusion: PIT on real estate is an important source of revenue for the state budget. At the same time, this is a tax that has great impact and influence on economic and social development and taxpayers. However, current regulations on PIT on real estate still have some shortcomings, limitations, and are not consistent with the practical situation of real estate transfer transactions in Vietnam. Research implications: The results of the research contribute to proposing a number of solutions to improve the law on PIT on real estate in Vietnam. Originality/value: The research of the PIT on real estate become more and more urgent and very important in Vietnam.

"PECULIAR FEATURES OF EVIDENCE AT THE TERMINATION OF A CRIMINAL CASE"

"This article analyzes the importance of proof and its features at the stage of termination of a criminal case based on the norms of criminal and criminal procedure legislation at the implementation stage of judicial reform. The article studies this institution’s scope through the views scientists expressed on proving when closing a criminal case. Based on the views and ideas put forward by scientists, the issue of proof in the termination of a criminal case is analyzed through scientific, theoretical, practical, and legal norms. The article analyzes the grounds for terminating a criminal case through a comparative analysis of the opinions of scientists on the issue of proving when terminating a criminal case. Based on the analysis results, conclusions, proposals, and recommendations aimed at improving the evidence in the termination of a criminal case have been developed."

Judicial Reform in China: What Do Judges Think?

This article assesses the extent to which the objectives of the Chinese Judicial Reform in the 2010s have been achieved, using the empirical data from a questionnaire survey of 43 judges. It provides a systematic overview of the Judicial Reform in the 2010s and examines the effectiveness of the reform. It finds that although the judicial reform slightly reduced the courts’ reliance on the government for certain resources and improved the quality of adjudication of civil and commercial cases, it did not fundamentally change government interference in court proceedings in China.

Civil Society as an Informal Institution in Ukraine’s Judicial Reform Process

AbstractSince the Revolution of Dignity, civil society has become a major stakeholder in Ukraine's multiple reform processes. Judicial reform has been particularly salient as it aims to transform the country’s judiciary, long plagued by interrelated problems of political dependence, oligarchic capture, and internal corruption, into an autonomous guarantor of the rule of law. This Article examines how Ukrainian civil society has developed into an informal institution in Ukraine’s judicial reform. Building upon an overview of judicial reform efforts in Ukraine and a general theoretical framework of informality, this contribution studies how Ukrainian civil society influences the reform process, using the example of the country’s Constitutional Court. We argue that civil society has become an influential informal institution which plays an increasingly important role in judicial reform in Ukraine.

Israel's Constitutional Moment

AbstractAs the result of the initiation of the ‘judicial reform’ in January 2023, and the huge wave of public protest, Israel is currently undergoing a political turmoil which may develop into a fully fledged constitutional crisis. In this article I provide an account of the roots and causes of the present crisis from a public law theory perspective. In particular, I discuss the relationship between constitutional and administrative law in Israeli law. I argue that the core of Israel's constitutional structure has always been the institutions of administrative law as created and developed during the ‘administrative revolution’ of the 1980s. In contrast, Israel's constitutional law has always been a peripheral in the core structure of judicial review over the political branches. Contrary to common wisdom, I argue that the ‘constitutional revolution’ of the mid-1990s has not changed this core structure, but rather provided an external belt of normative barricades for this core structure. Accordingly, and despite the pretentious constitutional discourse developed in the 1990s by the Court, Israel was and still is a monistic democracy with no true constitutional layer of norms that enjoys higher status vis-à-vis regular legislation.

Uzbekistan: A New Dimension of Judicial Reforms

In conditions of reforming of the judiciary and construction of a lawful state the contents of concept ‘judiciary’ was considerably enriched and became wider. In clause has found the reflection modern understanding of the judiciary system of the Republic of Uzbekistan, the point of view on the basis of legislation and judicial reforms implemented in Uzbekistan. In this regard, new requirements for the judicial system are of exceptional importance. As an important socio-political institution of society, the authors analyzed in the article how it should play a significant role in the formation of civil society, be able to exercise its powers in the interests of protecting human and civil rights and freedoms, the constitutional system, the common economic and legal space of Uzbekistan. The article reflects the modern understanding of the judicial system of the Republic of Uzbekistan, argues the point of view on the basis of legislation and judicial reforms implemented in the country.

Judicial Reform or Abusive Constitutionalism in Israel

AbstractHow should the constitutional reform in Israel be assessed in comparative terms? Comparative constitutional understandings point to the centrality of three key sets of norms as part of the ‘democratic minimum core’: (i) commitments to free and fair, regular multi-party elections; (ii) political rights and freedoms; and (iii) a system of institutional checks and balances necessary to maintain (i) and (ii). Any change in judicial power and independence must be assessed against the benchmark of the democratic minimum core, and by reference to its cumulative practical effect on a system of institutional checks and balances.We claim that recent changes in Israel may already threaten these institutional checks, and have the potential to do more damage in the future, if given broad effect and if combined with further changes in the power and independence of the Supreme Court. On this basis, we suggest, the relevant changes should be viewed as either ‘abusive’ or ‘proto-abusive’ in nature. By threatening to undermine both the power and independence of the Supreme Court of Israel, they directly threaten the health of the constitutional checks and balances system and, hence, the ‘democratic minimum core’ in Israel.

Powers and functional assignment of the High Council of Justice in the field of ensuring the independence of the judiciary

The coverage of the material in this article is aimed at focusing attention on the peculiarities of the functioning of the justice system in Ukraine, in particular on the bodies that play an important role in the structure of ensuring the functioning of the independent judiciary. Formation of Ukrainian statehood in the 1990s. years of the 20th century, contributed to the need for judicial reform and the separation of the body, which was supposed to take on the function of assisting judges for the proper implementation of the provisions of Article 124 of the Constitution of Ukraine, that justice in Ukraine is administered by courts, implementing such activities on a qualified and professional basis.
 According to Article 131 of the Constitution of Ukraine: «The Supreme Council of Justice operates in Ukraine.» The Supreme Council of Justice as a constitutional body passed the Law of Ukraine «On Qualification Commissions, Qualification Attestation and Disciplinary Responsibility of Judges of Courts of Ukraine» dated February 2, 1994 to the Law of Ukraine «On the Supreme Council of Justice» dated December 21, 2016 in order to build an effective judicial system. system and ensuring the functioning of an independent judicial system.
 Enshrining in the Constitution of Ukraine in Chapter VIII “Justice”, Articles 125, 128, 130, 131 of the Constitution of Ukraine, the provisions that determine the powers and functions of the High Council of Justice is evidenced by its granting it the status of a constitutional body of the state. Ukraine’s constitutional aspiration for membership in the European Union and ensuring the rights and freedoms is impossible without ensuring proper and independent justice. The judicial and legal reform carried out in recent years, reforming such a body as the Supreme Council of Justice, set the goal of updating the system of the judiciary and the judicial system of Ukraine, to attribute public trust to the justice system. The implementation of these tasks comes from the constitutional powers of the High Council of Justice to ensure the independent formation of the judiciary, to prevent influence on the judge and to protect him from any interference in his administration of justice.
 Ensuring such independence of judges is possible only if there are guarantees of their legal status, a special procedure for selecting candidates for the position of judge, and liability for interference in the administration of justice. Such reforms are designed to establish Ukraine as a democratic and legal state.

Fairness and justice through automation in China's smart courts

Xi Jinping's judicial reforms have placed the concepts of ‘fairness’ and ‘justice’ at the forefront, coinciding with the integration of information technology and AI into all aspects of China's court system through smart court reform. According to official Chinese discourse, smart court reform is supposed to make the justice system ‘fairer’. However, research has not yet clearly established how ‘fairness’ and automation are connected in the Chinese context. This article is interested in how smart court and automation fit into Chinese interpretations of ‘fairness’. Therefore, we ask what notions of ‘fairness’ drive and justify smart court reform? The main argument is that SCR allegedly reinforces elements of procedural fairness, i.e., internal accountability, external visibility, and due process in a way that they are conducive to substantive goals of legitimation, social stability, and user convenience. Most noteworthy, there is a strong emphasis on procedural consistency. This article conducts a systematic qualitative analysis of the foundational texts and discourse about smart courts in China, such as judicial policy documents, development and reform plans, white papers, and regulations. In our analysis we find that smart courts promote procedural and substantive components of ‘fairness’ that strengthen legal rationality while keeping open channels of control. Our findings help explain the rapid embrace of automation and technology in China's justice administration: they fit perfectly within the ruling party's worldview and perpetuate it in turn.

Judicial reform in Ukraine as an important step on the way to the state’s membership in the European Union

Judicial reform in Ukraine as an important step on the way to the state’s membership in the European Union

Does judicial reform affect firms’ short-term debt for long-term use? Evidence from China

ABSTRACT Under the background of the misplacement of time and space in the trial judicial reform in China, this paper constructs a difference-in-difference model with multiple time periods to systematically investigate the influence of judicial reform on the short-term debt for long-term use of Chinese listed companies and its economic consequences. The research results show that, compared with the companies not affected by the judicial reform pilot, the short debt long ratio of the companies affected by the judicial reform pilot increased by 8.76% on average, and this phenomenon is more obvious in non-state-owned enterprises, asset-light enterprises, small enterprises and enterprises with unified leadership. In addition, it is found that the judicial reform and firms’ short-term debt for long-term use increase the risk of corporate bankruptcy. The results help to clarify the mystery of debt maturity structure in China, and provide new ideas and evidence for alleviating the long-term use of corporate short bonds, improving the mismatch of investment and financing maturity and preventing systemic financial risks.

The Long Hand of Anti-Corruption: Israeli Judicial Reform in Comparative Perspective

AbstractThere are many ways in which to examine the current Israeli constitutional crisis. This article uses the lens of anti-corruption, a global movement which has changed politics in many countries. The long empowerment of the legal system in Israel arguably has its origins in policing corruption, which may be a particularly powerful motivator for the current governing coalition's efforts to assert more control over the Supreme Court. The dynamics of anti-corruption in Israel are somewhat distinct from those of other countries in ways that may bode well for the Court in its confrontation with the government.

EUROPEAN STANDARDS OF THE RIGHTS OF THE PARTIES TO THE CASE IN THE APPLICATION OF CIVIL ACTION ENFORCEMENT MEASURES AND THEIR IMPLEMENTATION IN UKRAINE

The article deals with the problems of applying in practice the civil procedural institution of securing a claim, the possibility of its extension to a wide range of circumstances. The grounds for interim measures satisfied by the court, as well as the issues of proving the need for their application in Ukraine and the EU countries, are highlighted. It is shown that although the institution of securing a claim contributes to the creation of optimal conditions for the real protection of the rights and legitimate interests of persons in civil proceedings, and namely the institution of securing a claim acts as a guarantee of the execution of a court decision, one cannot consider the meaning and essence of the definition of “interim measures” separately from such a fundamental concept as “a measure (form) of state coercion”, and the proportionality of the type of security is aimed mainly at protecting the rights of persons against whom measures are taken to secure a claim. The powers of the court to secure a claim in the civil process of Ukraine and the EU are considered, the current doctrinal provisions regarding the grounds and procedural order for securing a claim are analyzed, attention is focused on the essence of the discretionary powers of the court when taking measures to secure a claim. It is concluded that the application of measures to secure a claim should take place if there are grounds for this and justifications for the specified circumstances, taking into account the judicial practice of the EU countries as part of the need for judicial reform in Ukraine in the direction of ensuring its compliance with EU standards for potential member states.

Strengthening the Institutional Independence of the Court in the System of European Integration Steps of Ukraine

The article is devoted to the study of European standards of judicial independence. The subject of the study is the institution of court independence and specific measures to improve its legal support in Ukraine in accordance with European standards. The purpose of the article is to determine the following judicial reform measures aimed at institutional and legal harmonization of Ukrainian legislation with the standards of the European Union. The research uses dialectical, systematic analysis and synthesis, comparison and legal modeling methods of scientific knowledge. Acquiring the status of a candidate country in the EU obliges Ukraine to carry out a number of transformations of social and political institutions, and judicial reform is one of them. This will require systemic measures, and not just amendments to legislation aimed at harmonizing national legal norms with European standards. It is emphasized that despite the ongoing judicial reform, the goal of an effective court has not been achieved: the level of public trust in the court is still low. The author predicts that if only point changes in judicial legislation are started now, the result will be the same as during the previous steps of judicial reform. It is necessary to start with the construction of the foundation for an effective judicial system, which is the independence of the court. Analyzing the European standards of an independent court and the practices of the EU institutions regarding the assessment of the impact of various indicators on the general assessment of the assurance of court independence, taking into account the current and urgent problems of the judicial system of Ukraine, the author makes a number of proposals for improving domestic legislation and practice aimed at strengthening the independence of the court, which the author calls fundamental the value of a democratic state, a prerequisite for an effective judicial protection system.

SPECIALIZED CRIMINAL COURTS REPUBLIC OF KAZAKHSTAN

In this paper, objective factors that served as the main prerequisites for the emergence of Kazakhstan specialized criminal courts are investigated, their historical path of development is described. The true state of specialized criminal courts at the present stage of the judicial system and judicial proceedings of the Republic of Kazakhstan is assessed. The author also outlines further contours of the development of specialized criminal courts and the improvement of judicial proceedings in criminal cases. All this represents the theoretical and practical significance of the topic. The relevance of the chosen topic is given by the ongoing judicial reforms in the Republic of Kazakhstan aimed at developing the judicial system and improving judicial proceedings in accordance with the principle of specialization of courts and judges. In turn, a more in-depth and more expanded specialization of courts and judges within the unified judicial system is recognized as one of the vectors of the development of the judicial system and the improvement of judicial proceedings of the Republic of Kazakhstan. The study of the organization of the structure and functioning of the activities of specialized criminal courts has shown that they are created according to the type of inter-district courts in cities of republican and regional significance, constitute the lowest link of courts of general jurisdiction, consider and resolve criminal cases on especially serious crimes as courts of first instance, including with the participation of a jury. When writing the work, the author used statistical data on the state of crime in the country for the period 2000-2022, as well as on the activities of the courts of the republic, including the number of acquittals for serious and especially serious crimes handed down in 2015-2022. The author pays special attention to the comments and recommendations of the UN on the periodic reports of Kazakhstan submitted within the framework of the state party's fulfillment of its obligations to implement the natural and inalienable rights recognized by the International Covenant on Civil and Political Rights, as well as on the achievements of the Republic of Kazakhstan in the use of these rights.

The Role of the Notary in the Implementation of the Provisions of the Judicial Statutes of 1864

The judicial statutes of 1864 consolidated the provisions on the reform of not only the court, but also a number of other institutions, then attributed by the legislator to the judicial system. A significant place among them was taken by the notary. The inclusion of the Provision on the Notarial Part in the composition of Judicial Charters, and notaries in the number of judicial officers meant that the latter were endowed with the function of preventive justice. Notaries were considered as persons authorized to prevent disputes by their actions, and sometimes to facilitate their resolution. At the same time, the role of notaries in the implementation of Judicial reform is not sufficiently disclosed by domestic researchers. The author analyzes the activities of notaries in general and a number of individual notarial actions directly aimed at assisting judicial authorities. The article presents a complete list of notarial actions that were consulted by notaries in accordance with the provisions of the Judicial Reform. The author comes to the conclusion about the significant contribution of the notary to the activities of the post-reform court and the formation of the judicial system after 1864, as well as the key role of Judicial reform in the development of the institution of the notary in Russia.

Judiciary as a Bureaucratic Organisation and Its Public Value

In 2021, India fell three positions in the Rule of Law Index released by the World Justice Project (2019). The India Justice Report 2020 shows the pathological disparity in access and administration of justice in India. Why is it that despite decades of judicial reforms, justice delivery in India continues to remain poor? This paper argues that judiciary is looked at and studied from the standpoint of its most visible dimension—judges and their decision-making, rather than the administrative machinery which facilitates this. This has tilted the judicial reforms discourse towards structures and procedures rather than functions and behaviours. Using the Public Value Theory, it is submitted that judiciary needs to be understood as a ‘bureaucratic’ and ‘public’ organisation which is not only tasked with justice delivery but also value creation. This is a novel approach which has not been deployed to study judicial organisations.