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人民陪审员“事实审”的困境透视与司法选择——以《人民陪审员法》第21、22条为分析重点 被引量:5
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作者 余彦 《湘潭大学学报(哲学社会科学版)》 CSSCI 北大核心 2018年第4期47-51,67,共6页
《人民陪审员法》第21、22条的规定标志着"事实审"在陪审领域的确立,但是根据法律文本的考察和既有陪审制度的实践来看,陪审员"事实审"还面临以下三方面的困境:新法规定的"法律审"和"事实审"... 《人民陪审员法》第21、22条的规定标志着"事实审"在陪审领域的确立,但是根据法律文本的考察和既有陪审制度的实践来看,陪审员"事实审"还面临以下三方面的困境:新法规定的"法律审"和"事实审"难以做到泾渭分明;我国司法机关在多方压力之下形成的"规则依赖"惯性巨大,陪审员受其影响过分依赖证据而非内心确信进行审理与"事实审"的目标不符;越来越多的"科学证据"对建立陪审员制度的"知识比较优势"预设前提形成了挑战,进而影响到"事实审"的效果。通过借鉴域外的相关做法,可以着重从构建事实问题与法律问题的区分标准、创新庭审合议程序以及完善陪审员认定科学证据的相关规定等方面予以改进。 展开更多
关键词 《人民陪员法》 “事实审”
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Aesthetic art development and protection of Tujia waving dance in Hunan Province
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作者 Xinyuan Guo 《International Journal of Technology Management》 2013年第6期124-126,共3页
Tujia dance is an advanced, special form of human aesthetic activities. The so-called aesthetic, simply put, is to feel, and understand the objective things or phenomena presented by the United States itself: specifi... Tujia dance is an advanced, special form of human aesthetic activities. The so-called aesthetic, simply put, is to feel, and understand the objective things or phenomena presented by the United States itself: specifically, it refers to the people in their social practice and objective process of historical things or phenomena occur and construct a special performance relationship. There are basically three kinds of relationships of man and objective things or phenomena: firstly, cognitive relation of science; Secondly, ethical norms relations; thirdly, aesthetic performance relationship. Focus on the relationship between the performances of the aesthetic object vivid sense of the expressive form of regularity is the unity and purpose, with freedom. The essence of aesthetic is liberty. Art aesthetic and general aesthetic are different, mainly because of its aesthetic objects, which is based on works of art as an aesthetic object. General aesthetic contemplation of beauty of reality, the reality of objective things or phenomena, not as people practice the original object mad the object of knowledge exists. In social practice, they first form a rational understanding of relationships and will practice relationship. On this basis, when the society develops to the degree of no direct utilitarian attitude, practical attitude towards the object of an object only when there has been more mature, purely aesthetic relationship. The beauty of art is different from the reality beauty, which is produced and existed as an aesthetic object. 展开更多
关键词 Aesthetic art Tujia dance Protection.
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The Failure of Labor Dispatch Regulation and Its Remedy 被引量:1
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作者 潘翌嘉 Huang Deyuan 《Social Sciences in China》 2016年第1期191-202,共12页
In the course of the drafting, enactment and amendment of the Labor Contract Law of the People's Republic of China, the legal provisions regulating labor dispatch have been tightened up. In practice, however, the lab... In the course of the drafting, enactment and amendment of the Labor Contract Law of the People's Republic of China, the legal provisions regulating labor dispatch have been tightened up. In practice, however, the labor dispatch system is flourishing in a way that defies market trends. The ultimate reason for this is that much of the system goes under the name of human resource outsourcing to bamboozle the public and evade the law, in effect making the legal provisions a dead letter. The result is that the more the industry is regulated, the more it multiplies and the more chaotic it becomes. Based on comparative law research methodology, this article reviews the legal systems relating to labor dispatch in Germany, the US and other countries. It demonstrates and affirms the institutional value of the labor dispatch system, and categorizes its different types. The fundamental cause of the phenomenon of labor dispatch's assumption of the guise of human resource outsourcing is the absence of substantive review. We suggest introducing and perfecting such investigation to stem the industry's deep-seated abuses. 展开更多
关键词 labor dispatch human resource outsourcing substantive review
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