Scientific research always begins with a question,and asking questions in a scientific way is a fundamental prerequisite for scientific problem solving.Karl Marx said:"The fate which a question of the time has in...Scientific research always begins with a question,and asking questions in a scientific way is a fundamental prerequisite for scientific problem solving.Karl Marx said:"The fate which a question of the time has in common with every question justified by its content,and therefore rational,is that the question and not the answer constitutes the main difficulty.…World history itself has no other method than that of answering and disposing of old questions by putting new ones....[T]he questions...are the frank,uncompromising voices of the time embracing all individuals;they are its mottoes,they are the supremely practical utterances proclaiming the state of its soul."展开更多
China’s existing punishment system is rational in that it accords with realities and is based on historical continuity.Any adjustments should only be premised on maintaining its basic framework and upholding the spir...China’s existing punishment system is rational in that it accords with realities and is based on historical continuity.Any adjustments should only be premised on maintaining its basic framework and upholding the spirit of the rule of law while promoting equitable human rights protection and efficient social governance.That is,the administrative detention stipulated in such administrative laws as the Public Security Administrative Penalties Law should be abolished;the type of penalty in these laws should optimized;and at the same time all penalties aimed at depriving people of their liberty should be transferred to the Criminal Law.Whether deprivation of liberty is involved should be made the criterion for distinguishing the range of adjustments to the Criminal Law and those administrative laws that stipulate penalties.Therefore,judgments of the punishability(strafbarkeit)of criminal penalties should be made the main basis for adjusting the de jure boundaries of the scope of the Criminal Law.We should develop a rational and balanced criminalization path and a reasonable and just system of punishment.展开更多
Studying the scientific connotations of the concept of a community with a shared future for mankind and its guiding significance in international law is an important topic,and integrating the rich ideas contained in t...Studying the scientific connotations of the concept of a community with a shared future for mankind and its guiding significance in international law is an important topic,and integrating the rich ideas contained in this concept into the theory of international dispute settlement is of great practical value.At present,the practice of international dispute settlement is encountering many difficulties,and there is a need to create new models and new ideas for international dispute settlement.Peaceful non-settlement is an important supplement to the existing methods of international dispute settlement.Generalizing and theorizing the practice of peaceful non-settlement from a legal perspective and making the concept of a community with a shared future for mankind a theoretical resource for supporting peaceful non-settlement can help enrich and guide the practice of peaceful non-settlement.In addition,peaceful non-settlement can help build a community with a shared future for mankind.展开更多
The international community is facing the dilemma of an insufficient supply of public goods due to the conjunction of various forces and factors including the profound impact of the economic crisis,increased trade pro...The international community is facing the dilemma of an insufficient supply of public goods due to the conjunction of various forces and factors including the profound impact of the economic crisis,increased trade protectionism,changes in the global governance system and the impact of the Covid-19 pandemic.The Belt and Road Initiative(BRI)is a non-rivalrous and non-excludable public good provided to the international community by China as a responsible major country in the new era of historical development.International law has an important role in promoting and guaranteeing the supply of international public goods(IPGs).Since the implementation of the Belt and Road Initiative,the international governance environment has changed dramatically,with the rule of law being the basic premise and important guarantee of the long-term and smooth implementation of the BRI.In pursuing the BRI,buttressed as it is by the rule of law,China should pay attention to diversified governance based on a combination of international soft and hard law and make judicious use of existing bilateral,regional and multilateral international legal mechanisms.In addition,China must also pay close attention to the latest developments in international economic and trade rules and must innovate and improve its ability to supply rules for investment,trade liberalization,etc.Buttressed by international law,the BRI should focus not only on recent concrete initiatives in trade and investment liberalization,but also on the long-term planning and sustainable development of institutional supply,so as to realize the vision and goals of the BRI.展开更多
文摘Scientific research always begins with a question,and asking questions in a scientific way is a fundamental prerequisite for scientific problem solving.Karl Marx said:"The fate which a question of the time has in common with every question justified by its content,and therefore rational,is that the question and not the answer constitutes the main difficulty.…World history itself has no other method than that of answering and disposing of old questions by putting new ones....[T]he questions...are the frank,uncompromising voices of the time embracing all individuals;they are its mottoes,they are the supremely practical utterances proclaiming the state of its soul."
基金This article is part of the results of the 2016 National Social Science Fund of China project“Research on the Theoretical Model and the Institutional Practice of Amendments to China’s Criminal Law”(16ZDA061).
文摘China’s existing punishment system is rational in that it accords with realities and is based on historical continuity.Any adjustments should only be premised on maintaining its basic framework and upholding the spirit of the rule of law while promoting equitable human rights protection and efficient social governance.That is,the administrative detention stipulated in such administrative laws as the Public Security Administrative Penalties Law should be abolished;the type of penalty in these laws should optimized;and at the same time all penalties aimed at depriving people of their liberty should be transferred to the Criminal Law.Whether deprivation of liberty is involved should be made the criterion for distinguishing the range of adjustments to the Criminal Law and those administrative laws that stipulate penalties.Therefore,judgments of the punishability(strafbarkeit)of criminal penalties should be made the main basis for adjusting the de jure boundaries of the scope of the Criminal Law.We should develop a rational and balanced criminalization path and a reasonable and just system of punishment.
基金the key project of the National Social Science Fund of China,“A Study of the Legal and Historical Basis of the South China Sea Dotted Line”(No.14ZDB165)。
文摘Studying the scientific connotations of the concept of a community with a shared future for mankind and its guiding significance in international law is an important topic,and integrating the rich ideas contained in this concept into the theory of international dispute settlement is of great practical value.At present,the practice of international dispute settlement is encountering many difficulties,and there is a need to create new models and new ideas for international dispute settlement.Peaceful non-settlement is an important supplement to the existing methods of international dispute settlement.Generalizing and theorizing the practice of peaceful non-settlement from a legal perspective and making the concept of a community with a shared future for mankind a theoretical resource for supporting peaceful non-settlement can help enrich and guide the practice of peaceful non-settlement.In addition,peaceful non-settlement can help build a community with a shared future for mankind.
基金sponsored as a key project no.17ZDA144,“The Belt and Road Initiative and the Innovation of the International Economic Legal System”by the National Social Science Fund of China。
文摘The international community is facing the dilemma of an insufficient supply of public goods due to the conjunction of various forces and factors including the profound impact of the economic crisis,increased trade protectionism,changes in the global governance system and the impact of the Covid-19 pandemic.The Belt and Road Initiative(BRI)is a non-rivalrous and non-excludable public good provided to the international community by China as a responsible major country in the new era of historical development.International law has an important role in promoting and guaranteeing the supply of international public goods(IPGs).Since the implementation of the Belt and Road Initiative,the international governance environment has changed dramatically,with the rule of law being the basic premise and important guarantee of the long-term and smooth implementation of the BRI.In pursuing the BRI,buttressed as it is by the rule of law,China should pay attention to diversified governance based on a combination of international soft and hard law and make judicious use of existing bilateral,regional and multilateral international legal mechanisms.In addition,China must also pay close attention to the latest developments in international economic and trade rules and must innovate and improve its ability to supply rules for investment,trade liberalization,etc.Buttressed by international law,the BRI should focus not only on recent concrete initiatives in trade and investment liberalization,but also on the long-term planning and sustainable development of institutional supply,so as to realize the vision and goals of the BRI.
