Blockchain,artificial intelligence,and other technologies have been increasingly integrated with the law,and the construction of smart justice and Internet courts in various places has a prominent effect on court info...Blockchain,artificial intelligence,and other technologies have been increasingly integrated with the law,and the construction of smart justice and Internet courts in various places has a prominent effect on court informatization.The Supreme People’s Court is currently carrying out the pilot reform of separation between complicated and simple cases in civil procedure,and legal technology will inevitably become a major means to enable the reform.In the field of electronic litigation,legal technology itself has become a goal of the reform.Regarding the trials of pilot basic courts,legal technology has been more deeply applied in many links such as trial activities and trial management,playing an essential role in improving judicial efficiency,and becoming an important way to solve judicial dilemmas such as“litigation explosion.”However,the history of modern society reminds us that we should be reasonably optimistic about the development of technology,especially in the field of justice.展开更多
Constructing the Chinese self-independent knowledge system of legal science is a great project to adapt Marxist legal science to the Chinese context and the needs of our times in the new era,a profound revolution in t...Constructing the Chinese self-independent knowledge system of legal science is a great project to adapt Marxist legal science to the Chinese context and the needs of our times in the new era,a profound revolution in the field of legal science,a precursor and foundation for constructing a system of legal science with Chinese characteristics,an urgent need to train high-quality legal talents with both virtues and talents,and an inevitable requirement for promoting the Chinese path to the modernization of the rule of law.To carry out such a systematic project,it is imperative to focus on the seven basic principles and scientific methods that include adhering to the ideological guidance of XI Jinping Thought on the Rule of Law.The theory of the system of socialist rule of law with Chinese characteristics,which is the cornerstone for the development of the Chinese self-independent knowledge system of legal science,has provided a necessary and much-needed theoretical paradigm for the development of the Chinese self independent knowledge system of legal science,has led to the innovative development of legal theory with Chinese characteristics in the new era,and will continue to do it.展开更多
The report to the 20th National Congress of the Communist Party of China(CPC)pointed out that problems are the voice of the times,and answering the problems and guiding the solutions are the fundamental tasks of theor...The report to the 20th National Congress of the Communist Party of China(CPC)pointed out that problems are the voice of the times,and answering the problems and guiding the solutions are the fundamental tasks of theories.To continually promote theoretical innovation on the basis of practice and to write a new chapter on adapting Marxism to the Chinese context and the needs of the times,it is necessary to persist in problem orientation.Therefore,it is a requirement for the implementation of the guiding principles of the 20th National Congress of the CPC to engage in intellectual inquiry with respect to meta-jurisprudence,and,based on that,pursue the target of building an academic system of legal science with Chinese characteristics.There are two main types of problems in meta-jurisprudence.The first is ideological resources,which asks what kinds of ideas shape the direction,foresight,and preferences of legal scholars.The second is the analytic framework,which asks how to tell the different kinds of legal issues apart,finish building the system,choose the best ways to argue,and make strong arguments.Only by starting from the problems of meta-jurisprudence and adhering to the guidance of XI Jinping Thought on the Rule of Law,by combining China's specific rule-of-law practice with fine traditional Chinese legal culture,and by learning from international experience,can the mission of building an academic system of legal science with Chinese characteristics be achieved.展开更多
The traditional way of describing the history of Chinese law, i.e., fitting Chinese historical materials into the basic framework of the Western conceptual system needs to be thoroughly reconsidered. ＂Precedent＂ or ...The traditional way of describing the history of Chinese law, i.e., fitting Chinese historical materials into the basic framework of the Western conceptual system needs to be thoroughly reconsidered. ＂Precedent＂ or ＂NJfftJ＂ （panli）, which has attracted academic attention both in China and abroad, can serve as an example in this regard. The concept ＇~N] fit],＂ which may have originated from Japanese kanji in the nineteenth century, was used to translate its Western counterpart. A review of the historical and modern practice of the Western European countries of England and France shows that precedent has always played an important role in achieving consensus in the legal community and guiding future rulings by means of case law. This function, which has something in common with the relevant portions of ancient Chinese legal institutions, can serve as a foundation for constructing a universal theoretical system. At the same time, the relevant Chinese institutions had specific institutional contexts and functions. By combining universal and specific functional analysis, ＂two-way functionalism＂ may be able to avoid the Western-centric approach and futile conceptual discrimination and turn towards the exploration and elucidation of functional issues, so as to eventually establish a new framework for the narrative of Chinese legal history.展开更多
文摘Blockchain,artificial intelligence,and other technologies have been increasingly integrated with the law,and the construction of smart justice and Internet courts in various places has a prominent effect on court informatization.The Supreme People’s Court is currently carrying out the pilot reform of separation between complicated and simple cases in civil procedure,and legal technology will inevitably become a major means to enable the reform.In the field of electronic litigation,legal technology itself has become a goal of the reform.Regarding the trials of pilot basic courts,legal technology has been more deeply applied in many links such as trial activities and trial management,playing an essential role in improving judicial efficiency,and becoming an important way to solve judicial dilemmas such as“litigation explosion.”However,the history of modern society reminds us that we should be reasonably optimistic about the development of technology,especially in the field of justice.
文摘Constructing the Chinese self-independent knowledge system of legal science is a great project to adapt Marxist legal science to the Chinese context and the needs of our times in the new era,a profound revolution in the field of legal science,a precursor and foundation for constructing a system of legal science with Chinese characteristics,an urgent need to train high-quality legal talents with both virtues and talents,and an inevitable requirement for promoting the Chinese path to the modernization of the rule of law.To carry out such a systematic project,it is imperative to focus on the seven basic principles and scientific methods that include adhering to the ideological guidance of XI Jinping Thought on the Rule of Law.The theory of the system of socialist rule of law with Chinese characteristics,which is the cornerstone for the development of the Chinese self-independent knowledge system of legal science,has provided a necessary and much-needed theoretical paradigm for the development of the Chinese self independent knowledge system of legal science,has led to the innovative development of legal theory with Chinese characteristics in the new era,and will continue to do it.
基金a phased achievement of"Research Project of XI Jinping Thought on Socialism with Chinese Characteristics for a New Era of Renmin University of China"(No.22XNQ003).
文摘The report to the 20th National Congress of the Communist Party of China(CPC)pointed out that problems are the voice of the times,and answering the problems and guiding the solutions are the fundamental tasks of theories.To continually promote theoretical innovation on the basis of practice and to write a new chapter on adapting Marxism to the Chinese context and the needs of the times,it is necessary to persist in problem orientation.Therefore,it is a requirement for the implementation of the guiding principles of the 20th National Congress of the CPC to engage in intellectual inquiry with respect to meta-jurisprudence,and,based on that,pursue the target of building an academic system of legal science with Chinese characteristics.There are two main types of problems in meta-jurisprudence.The first is ideological resources,which asks what kinds of ideas shape the direction,foresight,and preferences of legal scholars.The second is the analytic framework,which asks how to tell the different kinds of legal issues apart,finish building the system,choose the best ways to argue,and make strong arguments.Only by starting from the problems of meta-jurisprudence and adhering to the guidance of XI Jinping Thought on the Rule of Law,by combining China's specific rule-of-law practice with fine traditional Chinese legal culture,and by learning from international experience,can the mission of building an academic system of legal science with Chinese characteristics be achieved.
文摘The traditional way of describing the history of Chinese law, i.e., fitting Chinese historical materials into the basic framework of the Western conceptual system needs to be thoroughly reconsidered. ＂Precedent＂ or ＂NJfftJ＂ （panli）, which has attracted academic attention both in China and abroad, can serve as an example in this regard. The concept ＇~N] fit],＂ which may have originated from Japanese kanji in the nineteenth century, was used to translate its Western counterpart. A review of the historical and modern practice of the Western European countries of England and France shows that precedent has always played an important role in achieving consensus in the legal community and guiding future rulings by means of case law. This function, which has something in common with the relevant portions of ancient Chinese legal institutions, can serve as a foundation for constructing a universal theoretical system. At the same time, the relevant Chinese institutions had specific institutional contexts and functions. By combining universal and specific functional analysis, ＂two-way functionalism＂ may be able to avoid the Western-centric approach and futile conceptual discrimination and turn towards the exploration and elucidation of functional issues, so as to eventually establish a new framework for the narrative of Chinese legal history.
