大陸的法律 - 法學

※ 引述《SweetSwede (我只是友善的過客...)》之銘言：
: 請問對岸的
: 憲法
: 特別行政區法
: 以及 司法
: 有哪些是值得討論的
: 白話一點就是
: 有爭議且不合理
: 為世界學理上所詬病
: 請具體客觀喔^^

Dworkin 2002年的文章，"Taking Rights Seriously in Beijing",
in The New York Review of Books, Vol. 49, No 14, (Sep)
也許可以是個起點。你可以從中找些issue。
主要還是人權問題，以及他所瞭解大陸學界對此的反省與批評。

我自己覺得這段是可以去找相關規定與case來看的。
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?"

※ 編輯: ahyang 來自: 86.129.83.102 (07/18 09:34)