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Interactions between China’s peaceful
development and international law
ZENG Lingliang
Front. Law China. 2008, 3 (1): 15-34.
https://doi.org/10.1007/s11463-008-0002-z
A peaceful and harmonious world is an important social basis for China’s peaceful development, and international law lays a legal foundation and guarantee for building such a world. In the “village of globe” with co-existence and economic globalization, international law provides China a peaceful development with legal certainty in external environment of peace and security, fair and equal international competitive order, and international cooperation; and on the other hand, it puts on an increasing legal restraint on the internal and external strategies of China’s peaceful development. At the same time, the peaceful development of China deems to make a great contribution to the world, which are the main subject of international law in peace and development, as well as to human rights, rule of law and democracy, which are the universal values pursued by international law.
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The problems of taking back the power of judicial
review for death sentences by the Supreme Court of China and the solutions
related
LONG Zongzhi
Front. Law China. 2008, 3 (1): 35-50.
https://doi.org/10.1007/s11463-008-0003-y
It is of great significance for the Supreme Court of China (SCC) to take back the power of having judicial review for death sentences. For that purpose, first, we have to amend the procedures for judicial review for death sentences, including precisely defining the responsibility of the SCC to review death sentences, determining appropriate modes of review, prescribing the time limit of review, allowing the participation of defense lawyers and prosecutors, etc. Second, we must also amend the appellate procedures for capital cases, including holding hearings, comprehensive trial of key cases, and adjusting the time limit for the second instance. Third, we must improve relative systems that can directly affect the trial quality of capital cases, including the improvement of evidentiary rules, the reform of judicial committees, and the forbiddance to change an original sentence into a death sentence.
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