The Minutes of Kunming Symposium is the comprehensive and concrete implementation of the criminal policy of temper justice with mercy and the death penalty policy.In order to implement The Minutes and handle drug-related cases well,we should scientifically consider the criminal policy of strictly punishing drug-related crimes according to law,fully implement the criminal policy of temper justice with mercy,achieve overall severity and leniency with severity,highlight key points,treat differently,suit punishment of crime and the balance of penalty measurement,and correctly understand and implement the death penalty policy.In the application of death penalty,The Minutes adheres to the basic principle of strict punishment,the policy requirement of differential treatment,the sentencing standard of"quantity + circumstances",and the principle bottom line of evidence judgment.The Minutes makes clear,standardized,and detailed application of the death penalty for drug-related joint crimes,drug trafficking crimes,drug transporting crimes,drug manufacturing crimes,and non-traditional drug crimes,providing normative guidance for the accurate application of the death penalty and effective punishment of drug-related crimes.
The Rules of the Supreme People's Court on Several Issues Concerning Comprehensive Governance Judicial Suggestions comprises of 13 articles,aiming at guiding local people's courts at various levels to carry out the work of comprehensive governance judicial suggestions in an orderly manner under the rule of law.In order to ensure the full implementation of judicial suggestions,The Rules explicitly state that the proposing of comprehensive governance judicial suggestions should follow the principle of necessity,ensuring pertinence,standardization and effectiveness,and avoiding only emphasizing quantity not quality.To improve the standardization level of work,achieve the goal of taking preventive measures to resolve disputes at the beginning,The Rules regulate on matters like the same level and local principle,research and communication,collaborative implementation,and clearly stipulate mechanisms such as review and issuance,assessment and incentive,and report to National People's Congress,so as to effectively play the role of guiding and regulating judicial suggestion work.
The governance of online platform disputes is an important part of the modernization of national governance system and governance capacity.However,as a new thing,online platform has obstacles in terms of management rules,responsibility bearing and disclosure mechanism,among which platform rules escape outside the constraints of public law and remedies are limited,and the alienation of platform regulatory mechanism gives rise to the risk of speculative cycle.The resolution of pre-litigation special supervision disputes is insufficient,and it is difficult for principled judicial judgment to form typified guiding rules.The reason is thatthe supply of laws and institutions needs to be improved,the advantages of different subjects in governance can not be optimized to adapt,and the lack of negotiation of platform rules is easy to produce procedural fog disputes.The governance of online platform disputes should follow the principles of balance between rights and order,unity and distinction,modesty and initiative.To this end,the management of online platform disputes needs to improve the management rules of online platform,clarify the way of responsibility of online platform,and improve the control mechanism of online platform.
The subjective knowledge content,degree of awareness,and evidence rules pertaining to drug-related crimes constitute the central issues of judicial determination.The Minutes of Kunming Symposium not only specify concrete requirements for the element of knowledge in typical criminal behaviors but also establish specific rules for proving such knowledge,which reflects the implementation of the concept of integrated criminal law,alignment with academic theories and practical controversies,and adaptation to changes in criminal policy and circumstances.The subjective knowledge of drug-related crimes can focus on three categories:the object of the crime,specific facts,and joint criminality,each of which demonstrates varying degrees of understanding regarding the nature of the act,its consequences,and causal relationships.The level of subjective knowledge in drug-related crimes should differentiate between Knowing the inevitability and Knowing the possibility,distinct from should know,might know,and presumed to know.The proof of subjective knowledge of drug-related crimes should prioritize the mutual corroboration of indirect evidence,emphasize the comprehensive analysis of evidence in the case,and make the reasonable use of presumptive rules based on statutory foundational facts the core.
With the development of civil litigation,the main body of case handling has evolved from a single judge to multiple subjects including clerks,mediators,judge assistants,quota judges,and layman judge.The case handling procedures have also diversified from a single court trial to various procedures such as case filing mediation,pre-litigation mediation,pre-trial procedures,trial procedures,and post-judgment Q&A.The abundance of human resources and the improvement of civil procedures provide resources and soil for innovating the mode of civil litigation case handling.Based on a thorough review and summary of the gradual enrichment of judicial resources,this paper applies the principle of isomorphism to change the existing management and resource allocation mode,explores"case-centered"resource allocation,emphasizing the independent dispute resolution advantages of various subjects through segmented empowerment and refined responsibilities,strengthening the synergistic effects of various procedures,achieving layer-by-layer filtering and echelon resolution of cases as the procedures progress,and achieving the goal of improving the quality and efficiency of trial work.
