{"title":"Crime Control in China's Pre-Trial System: A Political Ideology?","authors":"Enshen Li","doi":"10.3966/181263242013030801004","DOIUrl":"https://doi.org/10.3966/181263242013030801004","url":null,"abstract":"Crime control has long been the primary goal of China’s pre-trial justice system. This paper examines the genuine nature of crime control in the context of Chinese legal culture by reviewing the historical formation of this rationale. The article argues that, by looking at the characteristics of the pre-trial process in the different periods since the founding of the People’s Republic of China, the pursuit of crime control in the administration of pre-trial justice in China is under the pressure of political needs. Although the Chinese Communist Party has so far made great efforts to promote China’s pre-trial process in terms of its proceduralism and legalization, the administration of justice at this stage has been continuously influenced by political considerations. The article concludes that although the implementation of rule of law is expected to ideologically revolutionize China’s pre-trial process, the deep-rooted political culture of overriding political stability over everything is unlikely to rule out the Party’s influence on the pre-trial practices.","PeriodicalId":41219,"journal":{"name":"National Taiwan University Law Review","volume":"8 1","pages":"141-203"},"PeriodicalIF":0.3,"publicationDate":"2013-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70039419","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Law Clinics in Taiwan: Can Clinical Legal Education Succeed in this Civil Law Jurisdiction with an Undergraduate Legal Education System?","authors":"Serge A. Martinez","doi":"10.2139/SSRN.2281655","DOIUrl":"https://doi.org/10.2139/SSRN.2281655","url":null,"abstract":"Law school clinics are an important part of legal education around the world, but there are still many places without clinics, including Taiwan. It is important for Taiwanese legal educators to consider whether and how clinical education might fit into the Taiwanese legal education system. When discussing clinical education, several concerns are commonly raised: are undergraduate students capable of doing and benefitting from clinical work? Is student practice legal? What effect does student practice have on quality of representation? How does a clinic fit with the existing apprenticeship program? Who would teach a clinic? How do clinics fit with the legal academy’s view of itself and its purposes? Can Taiwanese law schools afford to operate clinics? Ultimately, none of these concerns presents a serious obstacle to the introduction of clinical education. Taiwanese law schools should introduce clinics to their curriculum to give students the opportunity to enjoy the many benefits of clinical education.","PeriodicalId":41219,"journal":{"name":"National Taiwan University Law Review","volume":"7 1","pages":"343-384"},"PeriodicalIF":0.3,"publicationDate":"2012-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68059187","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Towards a Global Constitutional Gene Pool","authors":"C. Saunders","doi":"10.21128/1812-7126-2016-6-99-122","DOIUrl":"https://doi.org/10.21128/1812-7126-2016-6-99-122","url":null,"abstract":"This essay aims to develop the methodology of comparative constitutional law in a way that draws more comprehensively on world constitutional experience. It proceeds in two stages. The first part identifies key methodological challenges for comparative constitutional law, drawing on the literature of comparative law, while taking account of the distinctive character of constitutional law. The challenges examined here are the dichotomy between similarity and difference; the approach to the task of comparison; taxonomy; the impact of culture; and pluralism. The second part of the argument considers the impact on comparative constitutional method of the conditions in which Constitutions operate in the early 21st century, including internationalisation, globalisation and advances in information technology. This part of the essay aims to show that, while there are considerable contemporary pressures for convergence, with implications for comparative method, other forces foster difference and pluralism, creating new methodological challenges. The essay concludes with a series of propositions for the methodology of comparative constitutional law, as a platform for further research and dialogue.","PeriodicalId":41219,"journal":{"name":"National Taiwan University Law Review","volume":"4 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2010-02-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68081970","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Judicial Review in New Democracies: Constitutional Courts in Asian Cases","authors":"Thomas B. Ginsburg","doi":"10.1017/CBO9780511511189","DOIUrl":"https://doi.org/10.1017/CBO9780511511189","url":null,"abstract":"Acknowledgements Notes on usage Introduction: the decline and fall of parliamentary sovereignty 1. Why judicial review? 2. Constituting judicial power 3. Building judicial power 4. Courts in new democracies 5. Confucian constitutionalism? The grand justices of the Republic of China 6. Distorting democracy? The constitutional court of Mongolia 7. Rule by law or rule of law? The constitutional court of Korea 8. Conclusion: comparing constitutional courts Bibliography Index.","PeriodicalId":41219,"journal":{"name":"National Taiwan University Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2003-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"57054231","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}