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2014年第11期(12月1日-12月31日) 总第86期

2015年1月1日 星期四

要闻 Headline




Standing Committee members proposed to broaden scope of legislation of the NPC

Legislation should not biased for departmental benefits

立法法修正案草案二次审议 明确规范地方立法权限
The Amendment to Legislation Law is in second round review

Legal framework related to water areas is established

The draft of the National Security Law and the draft of the Overseas Non-governmental Organizations Administration Law are under review

Registration information of real estate will be accessible to public in 2015


State Council issued a reform plan for government financial reports

National audit authority released detailed auditing reports on local governments

 “Strictest” law on environmental protection will take effect next year

National Audit office: around 30 billion yuan was involved with irregularities of government officials in the first 11 months this year

网友在政府网留言可直达总理 审批办理经手10人
Online posts on the government website can reach the Premier now

不动产统一登记或倒逼反腐 呼唤细则避免落地难
Real estate registration may speed anti-corruption campaign

Statistic information will be accessible to the public in accordance with law



环境公益诉讼面临三大难关 成功受理案件呈下降趋势
Public interest litigation for environmental protection declines due to three troubles

SPC plans to promote the Circuit Court Divisions of SPC

Regional court decides Huugjilt to be innocent

First public interest environmental lawsuit after the new Civil Procedure Law begins the court session

Hainan explores the proper separation between judicial jurisdiction and administrative process

SPC instructed Shandong Higher People’s Court to review the case of Nie Shubin

Beijing IPR court starts operation



Law should not be used to endorse government’s neglect of duty

Legal implications from Kong Qingdong losing the defamation case

Why we shall focus on the Huugjilt case and the Nie Shubin case

Debates on the disputed cases will promote legal consensus

Justice of vindication retrial should come in time

China’s IPR court explore the possibilities of judicial reform




琼瑶起诉于正侵权案胜诉 《美人制造》再陷抄袭风波
Qiong Yao won the plagiarism case against Yu Zheng

Jackie Chan’s son Jaycee is prosecuted on providing locations for others to take drugs

Chongqing’s first public interest lawsuit brought by a NGO is to be heard

“红罐子”之争加多宝败诉 称未准备更改红色包装
 JDB does not plan to change its classical red-can package after losing the case against the Guangzhou Pharmaceutical Holding Company

邹恒甫案二审举证余万里事件 北大称与本案无关
PKU contended the new evidence as irrelevant in the second trial of
Zou Hengfu v PKU case

打假人知假买假起诉天河城 法院判商家欺诈赔10倍
Feng Zhibo v Guangdong Teemall case: the court support compensation 10 times the price




媒体评论:(Comments From Media)


A special way to pay tribute to the constitution

Constitution Day reminds us of awe and rights

 On Constitution Day

12•4国家宪法日 增强全民宪法意识
 Constitution Day aims to strengthen the public awareness of constitution

queries on the Constitution Day

张店区湖田小学:晨读宪法 迎接首个国家宪法日
Hutian Primary School: students read aloud constitution to celebrate the Constitution Day




    2014年12月4日是中国首个国家宪法日。2014年11月1日第十二届全国人民代表大会常务委员会第十一次会议通过设立国家宪法日为12月4日。 1982年12月4日,第五届全国人民代表大会第五次会议通过了现行的《中华人民共和国宪法》。现行宪法是对1954年制定的新中国第一部宪法的继承和发展。宪法是国家的根本法,是治国安邦的总章程,具有最高的法律地位、法律权威、法律效力。全面贯彻实施宪法,是全面推进依法治国、建设社会主义法治国家的首要任务和基础性工作。我国还建立了宪法宣誓制度。凡经人大及其常委会选举或者决定任命的国家工作人员正式就职时公开向宪法宣誓,让宪法思维内化于所有国家公职人员心中。权力属于人民,权力服从宪法。公职人员只有为人民服务的义务,没有凌驾于人民之上的特权。一切违反宪法和法律的行为都必须予以追究和纠正在宪法日的这一天,广大人民群众用自己的方式迎接并学习宪法,晨读宪法、朗诵宪法、宪法宣传等等。宪法日的设立,为人民群众搭建一个崭新的平台去接触、学习、遵守法治。宪法日的意义,不是只为了纪念而纪念,而是我们正身处一个怎样关乎宪法的世界。设立“国家宪法日”,是一个重要的仪式,传递的是依宪治国、依宪执政的理念,但不仅是一个仪式,更要使这一天成为全民的宪法“教育日、普及日、深化日”,形成举国上下尊重宪法、宪法至上、用宪法维护人民权益的社会氛围。宪法成为真正写着人民权利的纸,任重而道远,但建立国家宪法日,不仅是一种节日、一种纪念,更是一种警示、一种动力。在“国家宪法日”里,让我们敬畏权利、敬畏正义、敬畏法治。  

   China on December 4th 2014 marked its first Constitution Day after setting the December 4th as the Constitution Day on the eleventh Session of the Twelfth NPC on November 1st 2014. China’s top legislature adopted the Constitution on Dec. 4, 1982 based on a previous version enacted in 1954. The Constitution comprises of the country’s basic law and general guidelines for managing state affairs. It has supreme legal status, authority and efficacy. Fully implementing the Constitution is the primary task and basic work for building a socialist nation ruled by law. According to the CPC Central Committee’s decision on major issues concerning comprehensively advancing rule of law, all officials elected or appointed by the people’s congresses and their standing committees at both national and local levels must in the future take an oath of allegiance to the Constitution in public. The Constitution is a legal tool which guarantees people’s fundamental interests. Staff of state offices must keep in mind that power belongs to the people and shall be subject to the Constitution. Civil servants have the duty to serve the people without any privilege of putting themselves over the people. No organization or individual shall have the privilege of being placed above the Constitution and laws. All activities that violate the Constitution and laws must be reprimanded and rectified. The new holiday was being commemorated with nationwide activities in schools, government offices and state-owned companies. People celebrated it by studying, reading or publicizing the Constitution. The Constitution Day is a new platform for people to know, learn, and abide by the law. The Constitution Day is not only a commemoration day, but also a day of education and promotion for the Constitution that encourages the entire nation to respect the Constitution and safeguard its overarching role in China’s legal system. It is more than a ceremony. It is an education day of the Constitution to all the Chinese people. Let’s show our awe to the rights, to justice, and to rule of law. 

视 点

View Point


媒体评论:(Comments From Media)



Doubts on the Nie Shubin Case

律师:聂树斌案办案者多荣升 查清面临多方阻力
Lawyer of Nie Shubin’s family: multiple resistance occurs as most participants of Nie Shubin case promoted

Nie’s mother recalled the death execution of her son

内蒙冤杀案关键证据莫名丢失 现高官曾参与办案
Key evidence of Huugjilt case lost mysteriously currently: senior official participated in the investigation

呼格吉勒图被判无罪 家人坟前烧判决书
Huugjilt was acquitted from his crimes: Family burned the court verdict on his grave

Wrong doer in the Huugjilt case shall be punished









   Huugjilt was found guilty of raping and murdering a woman in a public toilet in Hohhot on April 9, 1996. He was sentenced to death and executed in June 1996 at the age of 18. However, in 2005, another alleged serial rapist and murderer, Zhao Zhihong, confessed to the murder after being arrested. In Dec. 15, 2014, Inner Mongolia’s higher court decided Huugjilt was innocent after reviewing the case and apologized to his parents who have been seeking for the review for almost two decades.

   A similar case emerged around the same time. Nie Shubin, a farmer in Hebei Province, was executed in 1995 for the rape and murder of a rural woman. Ten years later, however, his conviction came under scrutiny due to the arrival of a new suspect called Wang Shujin. Now, almost two decades after his death, justice may finally be served for Nie’s family.

   In the year of 2014, two doubtful cases became the focus of the public and the media. Two people were wrongly executed while they were not the murderers. It is not hard to understand the landslide of rebuke of the people involved in the investigation of the cases, from the Public Security to the court, some of whom are punished for their wrongdoings. It is said justice delayed but never denied. However, the delayed justice is costly and heartbreaking.

   The arrival of the truth is not only a comfort to families of those who are wrongly executed. More importantly, it should ring the bells for the judicial system. Inadequate judicial independence makes justice hard to achieve. It’s more important to clarify what reasons cause these judicial mistakes and how to effectively discover the errors, to avoid similar tragedies and enhance possibilities of prevention. Death sentence is the severest punishment to criminals while acquittal is the cruelest vindication to the innocent.








本刊编辑:谢宇(北京大学法学院2013级硕士) 卓昊洋(北京大学法学院2013级硕士)


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