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恆久警惕乃自由代價 3 O C- W7 l# u+ x" B) K: A公仔箱論壇TVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。2 k9 |2 x) R# Y
15.我感覺到有些人對法治的前景較為負面，我不認同這種悲觀的看法。在白皮書發表後，香港社會各界都反映他們保持警惕，包括法律界，尤其大律師界別，這都是令人鼓舞和欣慰的，正如西諺所言﹕「恆久警惕乃自由的代價」。在這個充滿政治爭議的時刻，維持法治與司法獨立作為香港不可動搖的基石，委實格外重要。 8 i1 H, g! K* oTVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。 # ~* X& U+ [* U7 l+ E! w. s公仔箱論壇16.我們不應忘記，儘管1997年前社會上有過很悲觀的預測，但法治與司法獨立在1997年後仍然長足發展，這是有目共睹的。只要每個人都繼續保持警惕，我們就毋須灰心。TVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。9 P- w3 S5 ~" P2 [+ D/ e
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17.香港特別行政區在2047年後的安排，到了2030年代初期，就要通過持久和透徹的討論加以解決，未來10年是邁向這段關鍵討論期的重要時刻。在充滿創意的一國兩制概念下，不能避免有內在張力和灰色地帶。自1997年以來，我們一直能夠有效地處理這些內在張力和灰色地帶，現在不該懷疑自己的能力。我始終相信，只要時常警惕，法治與司法獨立在未來的歲月仍會繼續蓬勃發展。 . n- n0 S; ]# Oos.tvboxnow.comTVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。8 A) G, ~$ ~6 o3 j( Y! O& G
作者是香港特區首任首席法官（1997-2010） ) G% l+ n- |0 ?3 A / k" v; A: v* \5 G" c8 q6 A1 z: J公仔箱論壇註：標題及小題為編輯所擬，原題為The RULE OF LAW法治/ |8 t2 f4 N: `: O4 [& R. U
tvb now,tvbnow,bttvb( v% z X9 t( v" D2 p 作者: felicity2010 時間: 2014-8-18 01:42 AM
本帖最後由 felicity2010 於 2014-8-18 01:46 AM 編輯 6 P. T: k7 J- A1 m% Mos.tvboxnow.com # ]; \; P1 f( y1 \ I$ ^' J7 @The Economist: Rule of law 8 i# Y, c* z! p N% p0 i9 n公仔箱論壇Realigning justiceTVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。- J* U6 Q0 L2 F1 A4 Z
TVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。; ^! h1 X4 Z6 F1 c
16 Aug 2014os.tvboxnow.com5 z9 l: o1 n( N3 N8 X7 @" A Judges are often impotent in China’s courtrooms. That might be changingos.tvboxnow.com9 a! O2 q8 X# c3 ]9 a
z% C4 i# v$ d2 i公仔箱論壇 " d$ X0 C% m$ d$ X0 H2 Z # A' P; T* i2 H6 W公仔箱論壇IN JULY Zhou Qiang, the president of China’s Supreme People’s Court, visited Yan’an, the spiritual home of the Communist Party in rural Shaanxi province, to lead local court officials there in an old communist ritual: self-criticism. “I have grown accustomed to having the final say and often have preconceived ideas when making decisions,” one local judge told the meeting. “I try to avoid taking a stand in major cases,” said a judicial colleague. “I don’t want to get into trouble.” % Z1 c. [% o4 O" CTVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。tvb now,tvbnow,bttvb! U; j( b Q: N+ ~/ ?7 v( `
In China’s judiciary such shortcomings are the norm. But change may be coming. On July 29th it was announced that the party’s Central Committee, comprising more than 370leaders, will gather in October to discuss ways of strengthening the rule of law, a novelty for such a gathering. President Xi Jinping, who is waging a sweeping campaign against corruption, says he wants the courts to help him “lock power in a cage”. Officials have begun to recognise that this will mean changing the kind of habits that prevail in Yan’an and throughout the judicial system. - j5 L6 W8 Z/ }( E" N+ Y, t% Yos.tvboxnow.comos.tvboxnow.com# A, p: f7 B8 u+ f5 ~1 u
Long before Mr Xi, leaders had often talked about the importance of the rule of law. But they showed little enthusiasm for reforms that would take judicial authority away from party officials and give it to judges. The court system in China is often just a rubber-stamp for decisions made in secret by party committees in cahoots with police and prosecutors. The party still cannot abide the idea of letting a freely elected legislature write the laws, nor even of relinquishing its control over the appointment of judges. But it is talking up the idea of making the judiciary serve as the constitution says it should: “independently ... and not subject to interference”.7 `5 M1 @" O( U& Y+ Y" t# c
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In June state media revealed that six provincial-level jurisdictions would become testing grounds for reforms.Full details have not been announced, but they appear aimed at allowing judges to decide more for themselves, at least in cases that are not politically sensitive.TVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。, z4 V* T/ Y7 |9 G
0 h3 N( j; P. L: W. Y" \There is a lot of room for improvement. Judges are generally beholden to local interests. They are hired and promoted at the will of their jurisdiction’s party secretary (or people who report to him), and they usually spend their entire careers at the same court in which they started. They have less power in their localities than do the police or prosecutors, or even politically connected local businessmen. A judge is often one of the least powerful figures in his own courtroom.os.tvboxnow.com& X1 [( C3 w4 q7 W
~: l" F3 A* p5 x# r& p! Z公仔箱論壇“It’s not a career that gets much respect,”says Ms Sun, a former judge in Shanghai who quit her job this year (and who asked to be identified only by her surname). The port city is one of the reform test-beds. “Courts are not independent so as a result they don’t have credibility, and people don’t believe in the law.” She says people often assume judges are corrupt. / I) D9 I: F/ K* Z4 P7 e* c & Q! Y. N$ r9 o, `tvb now,tvbnow,bttvbCareer prospects are unappealing for the young and well-educated like Ms Sun, who got her law degree from Peking University. The overall quality of judges has risen dramatically in recent decades, but there are still plenty of older, senior judges with next to no formal legal training. Seeing no opportunity for advancement after eight years,Ms Sun left for a law firm and a big multiple of her judge’s salary of about120,000 yuan ($19,000) a year. She says many other young judges are leaving.TVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。% U/ N! M7 A+ j* J# p6 [/ z
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It is unclear how much the mooted changes will alleviate these concerns. Those Shanghai courts that are participating in the pilot reforms (not all are) are expected to raise judges’ pay. They are also expected greatly to reduce the number of judges, though younger ones fear they are more likely to be culled than their less qualified but better connected seniors.os.tvboxnow.com4 ?& W( [% n1 G y6 a. d, Q* @
, A" f- v& t: K" [TVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。The most important reforms will affect the bureaucracies that control how judges are hired and promoted.Responsibility will be taken away from the cities and counties where judges try their cases, or from the districts in the case of provincial-level mega cities like Shanghai. It will be shifted upwards to provincial-level authorities—in theory making it more difficult for local officials to persuade or order judges to see things their way on illegal land seizures, polluting factories and soon. ( b& I. e' ~) J# f) A+ Mos.tvboxnow.comtvb now,tvbnow,bttvb# g" \) Y) T) v, _$ }- N( ~0 w
Central leaders have a keen interest in stamping out such behaviour because it tarnishes the party’s image. But many local officials, some of whom make a lot of money from land-grabs and dirty factories, will resist change. With the help of the police they will probably find other means to make life difficult for unco-operative judges. And provincial authorities are still likely to interfere in some cases handled by lower-level courts, sometimes in order to help out county-level officials. " r* Q" a! T9 @! z; e3 x7 Z+ |% lTVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。 % I' u% u2 |8 {, z+ R# ?. N+ k; OAn oft-stated goal of the reforms is that “judges should decide the cases they hear, and they should hear the cases they decide.” But Mr Xi is also making it clear that the party remains the ultimate arbiter. He is trying to boost loyalty to the party among judges and other court officials by requiring they attend ideological“study sessions”. Most judges and prosecutors are party members. * V4 N# u' ^3 k- |! Qos.tvboxnow.com % I5 O) n' ~: }, r+ y公仔箱論壇The party is also clamping down further on defence lawyers who take on politically sensitive cases. The feistiest are often harassed by police or even jailed for speaking out about injustices. In June it emerged that the party-run All China Lawyers Association had drafted guidelines discouraging both legal activism and public criticism of court decisions. The rule of law seems to mean running the courts more efficiently but still in the service of the party. 9 t/ V+ c$ X3 E- R/ Q* utvb now,tvbnow,bttvb* Z! z7 X W$ K
TVBNOW 含有熱門話題，最新最快電視，軟體，遊戲，電影，動漫及日常生活及興趣交流等資訊。7 [3 Q0 e8 z+ A