2022年中国人权司法保障十大案例评析

Commentaries on China's Top 10 Cases of Judicial Protection for Human Rights in 2022

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归属学者：

李昌林

归属院系：

人权研究院（人权学院）

作者：

李昌林1,2

摘要：

<正>主持人语：2022年，各级人民法院以习近平新时代中国特色社会主义思想为指导，深入贯彻习近平法治思想，坚持服务大局、司法为民、公正司法，始终把实现好、维护好、发展好最广大人民根本利益作为出发点和落脚点，努力解决群众“打官司”中的急难愁盼问题，加强人权司法保障，促进社会公平正义，在人权司法保障方面作出了积极贡献，取得了显著成绩。

语种：

中文

出版日期：

2023-07-05

学科：

法学; 马克思主义理论

提交日期：

2023-10-10

引用参考：

李昌林. 2022年中国人权司法保障十大案例评析[J]. 人权法学,2023(04):1-40+157-161.

  • dc.title
  • 2022年中国人权司法保障十大案例评析
  • dc.contributor.author
  • 李昌林
  • dc.contributor.affiliation
  • 西南政法大学人权研究院;中国刑事诉讼法学研究会
  • dc.publisher
  • 人权法学
  • dc.publisher
  • Journal of Human Rights Law
  • dc.identifier.year
  • 2023
  • dc.identifier.issue
  • 04
  • dc.identifier.volume
  • v.2;No.10
  • dc.identifier.page
  • 1-40+157-161
  • dc.date.issued
  • 2023-07-05
  • dc.language.iso
  • 中文
  • dc.description.abstract
  • <正>主持人语：2022年，各级人民法院以习近平新时代中国特色社会主义思想为指导，深入贯彻习近平法治思想，坚持服务大局、司法为民、公正司法，始终把实现好、维护好、发展好最广大人民根本利益作为出发点和落脚点，努力解决群众“打官司”中的急难愁盼问题，加强人权司法保障，促进社会公平正义，在人权司法保障方面作出了积极贡献，取得了显著成绩。
  • dc.description.abstract
  • Words from the Moderator: In 2022, People's Courts at all levels of China, guided by Xi Jinping's Thought on Socialism with Chinese Characteristics for a New Era, have thoroughly implemented Xi Jinping Thought on the Rule of Law, adhered to the principles of matching and serving the overall situation, practiced justice impartially for the people, and have consistently taken realizing, safeguarding, and developing the fundamental interests of the people as the starting and foothold point, striving to solve the urgent, complicated, and worrying problems encountered by the people in filing lawsuits, strengthened the judicial protection for human rights, and promoted social justice.On January 20, 2022, the Supreme People's Court published the Highlights of the Work of the People's Courts in 2022. In order to implement the works, the Supreme People's Court has issued, separately or jointly with the Supreme People's Procuratorate and other departments, the Interpretation on the Application of Punitive Damages to the Trial of Disputes over Ecological and Environmental Tort, the Interpretation on Several Issues on the Application of Law to the Cases Involving Judicial Compensation for Enforcement, the Interpretation on Several Issues on the Application of the General Provisions of the Civil Code of the People's Republic of China, the Provisions on Several Issues on the Cases of Administrative Compensation, Provisions on Several Issues Concerning the Application of Law in Handling Cases of Personal Safety Protection Orders and other judicial interpretations, as well as judicial documents such as Opinions on Further Promoting the Pluralistic Settlement of Administrative Disputes, Opinions on Strengthening the Implementation of the Personal Safety Protection Order System and Opinions on Strengthening the Judicial Protection of Intellectual Property Rights of Traditional Chinese Medicines, etc., and has issued six series of 33 guiding cases, and typical cases on the implementation of the Civil Code, judicial protection of the rights and interests of minors, protection of the rights and interests of consumers, protection of the rights and interests of the elderly, assisting the development of small and medium-sized enterprises, and judicial protection of biodiversity, guiding the people's courts at all levels to perform their duties in accordance with the law. People's courts at all levels have conscientiously implemented the requirements of the Highlights, in criminal, civil and administrative trials, enforcement and judicial assistance areas, effectively protected the legitimate rights and interests of the parties concerned, and achieved sound legal, social and political effects.The primary source of China's "Top Ten Cases of Judicial Protection for Human Rights in the Year 2022" selected by this Journal is the guiding cases and typical cases issued by the Supreme People's Court from February 2022 to May 2023. In addition, the "Top Ten Cases of the People's Court in 2022" selected by the editorial board of the People's Court Daily, and the "Top Ten Cases of the New Era to Promote the Rule of Law in 2022" selected by the Supreme People's Court and China Media Group are also the important sources.The first case is excerpted from Guiding Case No. 185. This case is of great significance as a guide for protecting the right to equality in employment and against discrimination based on factors such as geography and gender, which are not necessarily related to the "inherent requirements of the job".The second case is selected from the Typical Cases No. 2 of "People's Court Helping to Construct a Unified National Market," released by the Supreme People's Court on July 25, 2022. In releasing the case, the Supreme People's Court stated, "The fact that Zhang Wenzhong's case was initiated for retrial and acquitted fully, reflects the Central Committee of CPC's determination in equal protection of the property rights of all types of economic ownership in accordance with the law, including the private sector, and determination in elimination of policy, legal and institutional barriers as well as the constraints of traditional concepts affecting the survival and development of private enterprises, and its unwavering efforts to encourage, support, and guide the development of private sector. It has also demonstrated the strong determination of the People's Courts to fully play the adjudication functions, effectively strengthen judicial protection of property rights, and firmly hold the responsibility of rectifying any mistakes. As for properly hearing cases involving property rights formed in history in accordance with the law, people's courts strictly follow the principles of the punishment and correlated law, evidence-based adjudication, and the principle of presumption of innocence, strictly prohibit treating economic disputes as economic crimes, and general violations of the law as criminal offenses, and effectively protect the legitimate rights and interests of entrepreneurs, and promote the sustained and healthy development of the economy and society. This is with a prominent practical significance."The third case is selected from Typical Case No. 6 of "People's Court Helping to Construct a Unified National Market." This case is the first judicial reorganization of a listed company in the automobile and motorcycle industry in China. The enterprise crisis was resolved through judicial reorganization, the legitimate interests of more than 60,000 small and medium-sized investors and 5,700 employees were safeguarded, and the normal production and operation of more than 1,000 enterprises in the upstream and downstream industrial chain were protected.The fourth case is selected from Case No. 15 of the "Typical Cases of People's Courts Implementing the Civil Code(Second Series)" issued by the Supreme People's Court on January 12, 2023. This is a typical case in which the People's Court protected the rights and interests of an enterprise's name and trademark in accordance with the law. The trial court ruled to impose severe penalties by applying punitive damages, increasing compensation, recognizing joint infringement, and ordering the cessation of the use of the trademark, which strongly protected the intellectual property rights and related rights of the right holders.The fifth case is selected from Case No. 5 of the "Top Ten Cases of the Year 2022 for Promoting the Rule of Law in the New Era", jointly selected by the Supreme People's Court and China Media Group. The case is the first securities infringement case in China to implement the prioritization of civil compensation. The reasons for the selection of the case are: the case has unlocked the "last step" to apply the principle of prioritizing civil liability and is a "benchmark" case for strengthening the protection of investors' rights and interests, which is of great significance for safeguarding the healthy development of the capital market and boosting the confidence of investors; in terms of the principle of prioritizing civil compensation, the case is the first securities infringement case in the country to implement the principle of prioritizing civil compensation. It is of great significance for safeguarding the healthy development of the capital market and boosting investor confidence; it is a systematic progress in the realization mechanism of the principle of prioritizing civil compensation. The case is also the first case of complex manipulation infringement in the major stock exchange market in China, setting up an example for civil compensation for transaction-based manipulation.The sixth case is selected from Case No. 4 of the "Top 10 People's Court Cases of 2022" by the People's Court Daily editorial board. In this case, the Court of Second Instance held that the right to life is the highest personality interest of a natural person and is the core value that law and morality jointly uphold. The Court of First Instance's decision that Liu Nuanxi should be liable for the infringement of the right to life was based on the provisions of the law, and was in line with the tradition of friendship and mutual assistance and should be upheld.The seventh case is selected from Case No. 11 of the "Typical Cases of the People's Courts Implementing the Civil Code(First Series)," issued by the Supreme People's Court on February 25, 2022. The case is also Case No. 1 of the "Top Ten Nominated Cases in the New Era of Promoting the Rule of Law 2022". This case is the first civil public interest litigation case in China to apply the punitive damages provisions of the Civil Code to environmental pollution. In addition to ordering the defendant to bear the costs of ecological environment restoration, environmental functional losses, and other compensatory costs, the trial court adopted the calculation method of "base + multiplier", and decided to use the costs of environmental functional losses as the base for calculation in light of the specific circumstances of the case, and to take into account the degree of the infringer's subjective fault, the gravity of the consequences, the infringer's financial capacity, the attitude to compensation, the administrative sanctions imposed on the infringer, and the amount of compensation and other factors to determine the multiplier, and then the final amount of punitive damages, which provides a valuable reference for the correct implementation of the system of punitive damages for environmental pollution and ecological damage.The eighth case is selected from Case No. 13 of the "Typical Cases of People's Courts Implementing the Civil Code(First Series)" issued by the Supreme People's Court on February 25, 2022. This is the first case in which Article 1254 of the Civil Code was applied to determine the liability of the person who threw an object from a height, thus effectively safeguarding the "overhead safety" of the people.The ninth case is selected from Case No. 3 of "Judicial Protection of Minors' Rights and Interests" issued by the Supreme People's Court on March 1, 2022. The case is also Case No. 5 of the "Top Ten Cases of the People's Courts in 2022" selected by the editorial board of the People's Court Daily. It is the first case in China to apply the Family Education Order, which is of great guiding significance in urging guardians to fulfill their guardianship duties and creating a favorable family atmosphere in the whole society to safeguard the healthy environment for the minors.The tenth case is taken from Case No. 11 of the "Typical Cases of People's Courts Implementing the Civil Code(Second Series) issued by the Supreme People's Court on January 12, 2023. The court of this case upheld the plaintiff's request to visit her granddaughter in accordance with the law, meeting the plaintiff's claim for the protection of "grandparents' visitation rights", which was in line with the purpose of the legislation of the Civil Code and the promotion of socialist core values and was of positive significance in safeguarding the physical and mental health and growth of minors, as well as the lawful rights and interests of the elderly.
  • dc.identifier.CN
  • 50-1222/D
  • dc.identifier.issn
  • 2097-0749
  • dc.identifier.if
  • 0
  • dc.subject.discipline
  • D920.4;D926.2
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