THE MODERNIZATION OF SOCIAL GOVERNANCE AND THE CONSTRUCTION OF THE SOCIAL GOVERNANCE JURISPRUDENCE

Social governance is an integral part of the governance system in today's China. In 2013, the Third Plenary Session of the 18th Central Committee of the Communist Party of China (CPC) made the Decision o f the Central Committee of the CPC on Some Major Issues concerning Comprehensively Deepening the Reform, in which it was proposed that the overall goal of comprehensively deepening reform is to promote the modernization of the national governance system and capacity. In short, the goal is to modernize national governance. At the Central Political and Legal Work Conference five years later, General Secretary Xi Jinping also proposed to modernize social governance. The modernization of national governance and that of social governance are mutually reinforcing, which will significantly improve the socialism with Chinese characteristics and the governance of the Party and the country.

ON THE EXECUTION SOCIALIZATION PATH OF SOLVING LAW ENFORCEMENT DIFFICULTY

In essence, the problem of law enforcement difficulty is a social issue, not just solely on the court. To achieve effective and long-term solutions to the problem, it is necessary to incorporate it into the process of social governance and involve the efforts of the whole society. The path of realization of this concept is given utmost attention in practice. The socialized path of execution is based on the dual drive, the execution demand from the supply side and from the demand side, as the power source. In the meantime, the system is also based on the diversified dispute resolution mechanism and the long-term mechanism for resolution of the enforcement difficulty.

THE 40 YEARS DEVELOPMENT AND PROSPECTS OF CRIMINOLOGY RESEARCH IN CONTEMPORARY CHINA

I. INTRODUCTION Since the founding of the Peoples Republic of China (PRC), the theoretical system of Chinese criminology has been gradually established, developed and enriched. Especially along with the progress of reform and opening-up in 1978, the theoretical research of Chinese criminology has been progressing rapidly. Professional research groups and institutions were established;the academic atmosphere of criminology research is becoming strong;and criminology in the position of criminal science is increasingly becoming prominent. The knowledge system of criminology was gradually formed. Description and evaluation of crime phenomena are more objective than before. Relatively great development in the theories regarding the essence, causation and countermeasure of crime has been achieved. Great progress has also been made in the practice of crime prevention and crime control.

ESTABLISHING THE EXPLOITATION REGIME OF GENETIC RESOURCES IN THE INTERNATIONAL SEABED AREA

The exploitation regime of genetic resources in the international seabed area has become a compelling issue amongst the international community. The existing exploitation regimes of genetic resources include bilateral pattern, multilateral pattern and intellectual property pattern. On the basis of the comparison and reference, genetic resources in the international seabed area should be deemed as the common heritage of all mankind and regulated by the International Seabed Authority. Meanwhile, the access should be a joint system dominated by the International Seabed Authority to break through the limitations of the parallel system and balance different interests. More importantly, the benefit- sharing system should be based on intellectual property and oriented to public interest by taking measures, including establishing disclosure requirement of source information, making strict patent requirements, expanding benefit sharing of monetary and technology, and strengthening benefit-sharing supervision.

STUDY ON LEGAL ISSUES OF THE URBAN AND RURAL CONSTRUCTION LAND REPLACEMENT:FROM THE PERSPECTIVE OF NEW-TYPE RIGHTS

Faced with the needs of farmland protection and urbanization, many areas have carried out urban and rural construction land replacement under the existing land system, which gives birth to land exploitation rights and land development rights. Land exploitation rights belong to landowners and they are sources of changes of land use. Based on that, land development rights determine the attribution of relevant appreciation. Appreciation of homestead where indicators are delivered belongs to homestead users while appreciation of other construction land is shared by local government, collective and all members. In areas where indicators are received, collective members have priority in homestead exploitation rights. The local government can enjoy the appreciation. Appreciation from other rural construction land should be shared by the collective, collective members and local government. Asset gains from collective resources belong to the collective. After replacement, homestead users ' rights on land remain constant or turn into rights to use urban construction land which can renew automatically and freely. Non-collective members can only be assignees of superficies whose term is shorter than construction lands for urban housing.

DEVIATION AND CORRECTION OF THE REGULATION ON DEFENDANT’S RIGHT TO CONSENT IN CIVIL WITHDRAWAL

To protect the citizens’ legitimate civil rights from being violated or deprived is both the fundamental purpose of civil litigation and the core of the regulation on the theoretical and institutional construction of the civil litigation. The citizensT autonomy in exercising their private rights embodied in such purpose and core has been extended and applied into the civil procedure and transformed into the concept supporting civil litigation, disposition doctrine. The parties are granted the freedom of disposing their civil substantive rights and, more extensively, the right to go through or to abandon civil proceedings. As a procedural mechanism manifesting the above mentioned dual features of the disposition doctrine, the civil withdrawal system has been established in the modem civil procedural law. The Civil Procedural Law is not an exception. However, the provisions on the civil withdrawal system are not as specific as those on the system of filing civil cases, resulting in the considerably serious imbalance of interests and the disorder in regulating the courts exercising its solely enjoyed power to examine civil withdrawal. To solve these problems, the defendant's right to consent is introduced into article 238 of the Interpretation on the Application of the Civil Procedure Law of the People’s Republic of China (hereinafter referred to as the Interpretation on Civil Procedural Law), which is developed into a two-prong procedural construction of the defendant’s consent and the court’s final decision, and, to a great extent, promotes significant changes in the civil withdrawal system. However, new judicial interpretation on such systematic planning of the defendant s right to consent has brought about the possibility of regulation deviation and weakness of functions in many aspects instead of purification of rights, which need reflection and correction.