查询词典 defendant

With the development of victimology and the movement of protecting victims, in order to protect legal rights and interests of victims, many countries have balanced procedural rights between the victim and the defendant, instead of the early concentrating on that of the defendant.

无论是被害人享有较高诉讼地位的大陆法系国家，还是被害人诉讼地位相对较低的英美法系国家，纷纷通过立法加强在刑事程序上对被害人的保障。

The practice of VOM model indicates that notions of the criminal justice of Anglo-American family have changed from the "extreme procedural justice" to the "concern over substantive justice", from "offender （defendant-centered approach" to the "balance of interests of both the offender （defendant and the victim", and from "nationalism" to "separation of power between society and the state".

VOM模式的发展表明英美刑事司法观从"极端的程序正义"向"关注实质正义"、从"罪犯中心主义"向"罪犯与被害人利益并重"、从"国家主义"向"社会与国家分权"的转变。

Subsequently, along with the development in the structure of criminal proceedings, the prevalent Inquisitorial System in the Centralization era shifted to the Accusatorial System used in the modern era. Under the structure of the Accusatorial System, it evidently balances the disparity in the defendant's power and the strong national authority, thereby to materialize the significance of fair procedure. Thus, how to prevent the principal role of the procedure – the defendant enjoys the right to defense – from falling into "The Emperor's New Clothes" has always been an important issue. The development of the defense system and the function of legal assistance are important aspects of the major issue.

随著刑事诉讼的发展扬弃纠问制度，迈向现代的控诉制度，在控诉制度构造下，更是突显平衡刑事被告与实力强大的国家间的落差以实现公平审判/公正程序目的的重要性，如何避免程序主体－被告享有防御权利沦为美丽的国王新衣，可谓刑事诉讼一直以来至为重要的课题，律师的功能与辩护制度的发展即为此重课题中的关键环节。

But he shall select by lot no person who is seventy years of age or older, or is serving in some magistracy or office, or is presiding over a court of justice, or is curator for the distribution of grain, or is prevented by illness from performing this compulsory public service, after he has taken oath to that effect in the Senate and has given three members of the Senate to swear to his incapacity, or is a cognatic or agnatic kinsman of the defendant, so that he is exempted by the Julian Law on judiciary matters from testifying as a witness in public court against his will, or if the defendant takes oath in the presence of the Senate that such a person is his personal enemy, provided that he does not reject more than three in this way.

但抽签选中的人员中，不得有年已70或以上的；或正在履行其官职或军职的；或正在主持法庭审判的；或担任罗马谷物分发总监的；或因病不能履行其强制性的公益服务的(其本人将为此在元老院起誓，并有3名元老就其不能履职起誓)；或身为辨方的族亲或宗亲，循朱里安法之规定得免于在公开得法庭中就司法事务违背其本人意愿作证；或辨方在元老院面前起誓为其私敌者(但辨方为此缘故拒绝者不得超过3人)。

"Or where the object of the action is , or where the defendant's distrainable property is located, or where the tort s are done , or where the defendant's representative office is located, shall have jurisdiction."

可以由合同签订地、合同履行地、诉讼标的物所在地、可供扣押财产所在地、侵权行为地或者代表机构住所地人民法院管辖。

Thirdly, we should consider both procedural mistake and substantial mistake, considering the reasons beneficial to defendant and unbeneficial to defendant.

不利于被告人与有利于被告人的再审应有所不同，应当严格地限制不利于被告人的再审理由。

Fifthly, retrial that is unbeneficial to defendant should be starting only one time, avoiding abuse of country penalty right and avoiding instability of law status of defendant. Beneficial to defendants retrial should start two times of retrials in order to embody protection human rights sufficiently.

启动再审的时间和管辖方面，可以考虑对于不利于被告人的再审限制只能启动一次再审，对于有利于被告人的再审以启动两次再审为宜。

Defendant alone, and no other defendant s in this action, further admits that obtained copyright registration Number VAU 252 –177 for a work entitled "PARROT ON SWING".

被告×××单独承认，×××已获得了此玩具鹦鹉的版权，这种被称为&舞动鹦鹉&作品的版权登记号码为VAU252—177。

For the mode of legislation, it is suggested that a principle regulations to be made while the detailed applied situation and conditions are specified further in judicial explanation; regarding the applied situation, give four kinds of examples as shortage of capital, mixing of company, property of shareholders, business and personality, avoid the liability of contract and legal liability using of company personality; when making judgment, such three parts as main body, action and results have to be considered. The voluntary creditor and forced creditor consists of prosecutor, those person who abuses the force of company is the defendant who has the act of abusing company personally resulting in bad effect; the responsibility of producing of evident may refer to those of courts of Germany, which is proved by prosecutor, after that, the defendant provides the evident that he has a proper action for the suit of company or his action is not the direct cause for the loss of company; the legal effect of disregarding of corporate personality is to deprive the rights of limited liability of shareholders and shall undertake the affiliated liability according to different situations of company debts, however, it is clear that the legal effect is only limited to the special legal relationship in the specific case; the exercising body is made by court while the corporate personality might not be disaffirmed directly in exerting process; finally, it points out the real essence and also its real sense and difficulties in practice.

对立法模式，建议成文法中只做原则性规定，而具体的适用情形、适用条件等规定可以在司法解释中进一步作出明确规定；对适用情形，根据我国实际列举了资本显著不足、公司与股东财产、业务、人格的混同、利用公司人格规避契约义务和逃避法律义务四种大类；审判时应考虑的要件包括主体、行为、结果三大要件，自愿债权人和非自愿债权人构成原告，对公司有控制力的滥用者为被告，要有滥用公司人格的行为，并有损害的结果产生；举证责任可参照德国法院的做法，由原告提供初步证据证明公司存在滥用公司人格的行为，而后，由被告提供证据证明自己与涉诉公司的关系是正当的，或自己的行为与原告的损失没有因果关系；否认公司人格的法律效果是剥夺股东在个案中的有限责任的权利，视不同情形对公司债务承担连带责任，但应明确法律效力仅限于个案中的特别法律关系；行使主体应由法院的审判庭行使，而不宜在执行程序中直接否认公司法人人格；最后对逆向揭开公司面纱作了探讨，指出其现实意义和实践难点。

Article 113 The people's court shall send a copy of the statement of complaint to the defendant within five days after docketing the case, and the defendant shall file a defence within 15 days from receipt of the copy of the statement of complaint.

第一百一十三条人民法院应当在立案之日起五日内将起诉状副本发送被告，被告在收到之日起十五日内提出答辩状。

Breath, muscle contraction of the buttocks; arch body, as far as possible to hold his head, right leg straight towards the ceiling (peg-leg knee in order to avoid muscle tension).

呼气，收缩臀部肌肉；拱起身体，尽量抬起头来，右腿伸直朝向天花板（膝微屈，以避免肌肉紧张）。

The cost of moving grain food products was unchanged from May, but year over year are up 8%.

粮食产品的运输费用与5月份相比没有变化，但却比去年同期高8％。