作者ahyang ()
看板LegalTheory
标题Re: [问题] 大陆的法律
时间Mon Jul 18 09:25:41 2005
※ 引述《SweetSwede (我只是友善的过客...)》之铭言:
: 请问对岸的
: 宪法
: 特别行政区法
: 以及 司法
: 有哪些是值得讨论的
: 白话一点就是
: 有争议且不合理
: 为世界学理上所诟病
: 请具体客观喔^^
Dworkin 2002年的文章,"Taking Rights Seriously in Beijing",
in The New York Review of Books, Vol. 49, No 14, (Sep)
也许可以是个起点。你可以从中找些issue。
主要还是人权问题,以及他所了解大陆学界对此的反省与批评。
我自己觉得这段是可以去找相关规定与case来看的。
Zhang is reported to have been arrested because senior Communist Party
officials were angered by his defense of other Party officials who had
been accused of corruption. But according to New York University
Professor Jerome Cohen, an expert on Chinese law, "No one knows exactly
why he is in custody. The police have yet to talk to anyone. They are
violating Chinese law." Some commentators believe that Zhang will
eventually be charged under a provision of criminal law forbidding lawyers
to encourage false testimony that has been used to put other lawyers in
jail because their clients, who had confessed to crimes under torture,
retracted their confessions in court. It would be hard to imagine more
violent contempt for the basic principles of legal fairness. As He Weifeng,
a professor of law at Beijing University, has been quoted as saying,
"Laws like this make it impossible for China to have real defense attorneys.
The risks are too high. If your client changes his mind and takes back
his confession, you could end up in jail. What kind of law is that?"
※ 编辑: ahyang 来自: 86.129.83.102 (07/18 09:34)