SPC Major Judicial Research Topics and Research Focuses for 2020

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1. Research on strengthening the people's courts' political and cultural construction in the new era

Research Focus: Research into clearing up typical erroneous views and political traps of western ideology in the justice sector such as 'constitutionalism', 'separation of powers' and 'judicial independence' by summarizing and analyzing issues that exist in practice for each level of people's courts' political and cultural establishment, improving institutional mechanisms for the people's courts adherence to the Party's absolute leadership over judicial work and to the path of socialist rule of law with Chinese characteristics, and creating a realistic path for the construction of court culture focused on the cultivation of faith in socialist rule of law.

2. Research on providing judicial service safeguards for the overall advancement of epidemic prevention and control and for economic and social development

Research Focus: The people's courts' function, position, judicial ideology, work mechanisms, and useful experiences in service of ensuring the overall advancement of prevention and control of the Covid-19 epidemic and in economic and social development; challenging and key legal issues in the period of epidemic prevention and control and it's aftermath; clarifying judicial standards and procedures involved in epidemic cases, emphasizing new situations and new problems, to ensure that epidemic prevention and control, and the return to work, proceed on the path of rule of law.

3. Research on judicial protections for the rights and interests of women, children and the elderly

Research Focus: The situation for cases concerning recovery of support for the elderly, protection of left-behind children in rural areas, recovery of alimony, and so forth; the bottleneck faced in family matter trial reform and issues that require resolution; and the impact of family mater trial procedures on protecting the rights of women, children, and the elderly.

4. Research on the modernization of capacity for Internet judicial governance

Research Focus: The people's courts giving play to their trial functions, strengthening ideological work for the internet, improving the integration of core socialist values in internet trial work mechanisms, and promoting the important significance, advantageous nature, ideological principles, practice experience, and work limitations of online social governance and the modernization of state governance capacity; and suggestions for improvement.

5. Research on Issues in people's courts' mechanisms for the Uniform Application of Law

Research Focus: Completing working mechanisms for judicial committees, improving procedures and rules for relevant matters; exploring the establishment of multiple layers and types of professional judges meetings to clarify system functions and improve work mechanisms; improve work mechanisms for the guiding case system by establishing mechanisms for the review and filing of guiding documents of local courts on the handling of cases, to avoid unreasonable differences in case-handling standards between different regions.

6. Research on standards of evidence and litigation procedures for cases of endangering national security

Research Focus: The elements and standard of proof for establishing crimes endangering national security; the principles, overall requirements, application of law, and rules for the collection and use of evidence in handling cases of endangering national security; the scope of case jurisdiction and issues in the nature, standards, and procedures for determinations of classification levels and designation of intelligence; and procedural issues such as on the transfer and use of evidence collected through technological measures, as well as trial in absentia and use of the system of leniency for those admit guilt and accept punishment.

7. Research questions about mental health evaluations and the implementation of death sentences

Research Focus: Existing problems and the current state of mental health evaluations in death penalty cases (including evaluation of criminal responsibility in cases of drug-induced delirium); the application of the death penalty for mentally ill persons with limited capacity; and recommendations for improving policies on mental health evaluations and the application of the death penalty.

8. Research on difficult issues of judicial application for information network crimes

Research Focus: Current trends and characteristics in network crimes; and specific challenges and resolution plans for applying the criminal law and criminal procedure law in handling network crime cases. Problems in the application of law to information network crimes, primarily including the charges used for every stage of the black and grey industrial chain, and determination of charges for theft of WeChat and Alipay, criminal liability for captcha solving platforms, and other such problems, as well as procedural questions such as the review and use of electronic evidence, jurisdiction for cybercrimes, and so forth.

9. Research on Issues in the application of the Civil Code

Research Focus: Closely connecting legislative intent, trial experience, and theoretical research contributions to conduct a systematic clearing up of connections between the old and new civil legislation, interpretation of the General Provisions of the Civil Law; abolishing or revising judicial interpretations on the "Opinion on Applying the General Principles of the Civil Law", the application of law on personality rights, as well as other provisions that have been newly added or seriously revised by the Civil code.

10. Research on legal issues in trial of business trust disputes

Research Focus: Clarifying the elements for establishment and validity of trust contracts, the determination of whether a trust contract is valid, and its legal consequences; the scope of assets that may comprise a trust; the differences between a trust company's shareholder liability when shares are a trust asset and a trust's ordinary shareholder liability; and judicial standards for determining that fiduciary duties have been discharged and the scope of trustee's compensation.

11. Research on Issues of Chinese judicial jurisdiction over intellectual property disputes involving foreign interests

Research Focus: Explore anti-suit injunctions, opposition to anti-suit inunctions, and tactics such as parties initiating suits for confirmation in China, to build mechanisms for preserving the sovereignty of our nation's courts over intellectual property rights disputes involving foreign interests and for protecting the parties' legitimate rights and interest.

12. Research on the operating mechanisms for China's International Commercial Court

Research Focus: The background and operational situation of China's international commercial court, as well as the problems and challenges it faces; comparative research on trends in the development of international commercial courts in foreign countries: and strategies for improving the operational mechanisms the international commercial court.

13. Research on mechanisms for governing administrative sources of litigation

Research Focus: Improving judicial-administrative cooperative mechanisms for resolving administrative disputes; persisting in being problem-oriented to explore mechanisms for optimizing the efficiency of response, screening, and resolution of administrative disputes related to litigation, and strengthen dispute resolution mechanisms led by the administrative organs other than litigation.

14. Research on rules for electronic proceedings in the Internet era

Research Focus: Basic principles for electronic litigation;Requirements, scope and methods for online filing, online trial, and electronic service; standards for the efficacy of electronic materials and the validity of judgments.

 

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