国际私法对“Public Law Taboo”的突破

在全球化时代,调整跨国民商事关系的国际私法中出现了一个较为显著的发展趋势——即国际私法开始突破＂公法禁忌（Public Law Taboo）＂,有关法庭在国际民商事案件中适用外国公法;若干国家的国际私法以及有关国际立法均肯定了外国公法在国际私法案件中的可适用性。

The Challenges of Water Pollution, Threat to Public Health, Flaws of Water Laws and Policies in Pakistan

In an era of unprecedented urbanization, population and industrial growth pressure is serious threat for the water management in Pakistan in present days. Water pollution from raw sewage, industrial wastes, and agricultural runoff limited natural fresh water resources in the country. Human health is facing serious problems due to deteriorating drinking water quality. Current review paper provides an insight to the water quality problems in Pakistan with an attempt to emphasize the challenges of water laws enforcement. Although Pakistan has developed many water laws the state of implementation is dominant, intermediate pollution crises are still remaining. We could come to the conclusion that strictly enforcement is compulsory for water environment regulations in Pakistan. Moreover, it is necessary to establish a reliable risk assessment system for water quality, human health and ecological safety.

A Brief Analysis about the Public Property Attribute of the Fiscal and Taxation Law

From the date of birth, the fiscal and taxation law in China is always rooted in Chinese land, Chinese resources and aimed at solving Chinese problem.As a famous scholar on the fiscal and taxation law professor Jianwen liu once said： ＂the fiscal and taxation law is a very important law, it not only involves the entire country macro economic operation but also involves the interests of families and everyone＇s interests.＂This article will combine professor Jianwen Liu＇ s research results in the past two years, from the view of the field of law to discuss why the fiscal and taxation law known as public property.

Vietnamese State Budget Accounting With the Relationships Between the State Budget Law and International Public Sector Accounting Standards （IPSAS）＊ Pham Quang Huy University of Economics, Ho Chi Minh City, Vietnam

For a long time, Vietnam has modifications in all aspects in the society. For many years, Vietnam has improved features in administrative works as well as in different areas, such as public administration, finance, and accounting In the accounting content, budget accounting is an important thing which is worth noting. However, along with the achievements, Vietnam is also facing a number of limitations to be overcome for ensuring transparency in the state budget. Since then, the main purpose of the article is to provide a general picture of budget accounting in Vietnam and what has not been done through finding the relationships with budget regulations and international public sector accounting. The results showed that Vietnam will transform and issue the new law on budget and build up a new model for controlling information published by data accounting system in the future.

Cosmopolitan Democracy and Democratic Public Law

Cosmopolitan democracy model is presented by David Held, beyond idealistic perspectives of left and right ideologies, mainly with a legal view, and found a global impact. As a prominent theorist in the field of democracy studies, David Held, by integrating the principle of autonomy in the model of constitutional democracy with the principle of participation in the model of participatory democracy, introduces a novel composition named ＂cosmopolitan democracy＂ that is a conception of democratic legal relations. Held is the first man who seeks to investigate democracy separated from the ideological models in relation to general human rights and identifies main areas of power in human life. He considers totally seven sets of rights necessarily enabling people to enjoy a free and equal participation in setting their communities. These rights include： right to health, welfare rights, cultural rights, civil rights, economic rights, political rights, and the right to enjoy a peaceful livelihood. Held＇s ultimate desire is to realize ideals of cosmopolitan democracy model in the global sphere, beyond the lessons of the West and the East. Through rethinking the theoretical and practical frameworks of this theory in today＇s world, the current paper seeks to study its role in reproducing democratic realism so that it would prepare the ground for the global consensus far from the ideal models.

The Criminal Law of Public Order as a Guardian of Public Interest in Terrorist Acts Scenario

Promotion of a model of the criminal law of public order represents an important point of reflection in criminal law doctrine. Public order, as a juridical good, has many predispositions to be exposed to criminal activity, and in this point of view, its special protection through criminal law norms constitutes a major concern of criminal legislation objectives. Criminal legislation （as a regulatory and modifying tool within society） is an intelligent social product It is a concrete expression of the important contribution of society in ensuring qualitative and quantitative relations of the model of public order. The latter finds expression as the object of a subjective right, which cannot be divided from the affirmation made by criminal legislation as a primary juridical good. In this context, the model of public order is associated with that of protection of general interest, in the subjective sense of the right to punish （ius puniendO, implemented by state authorities. In their universal meaning, all criminal offences in one way or another affect the normal functioning of public order, but terrorist acts can violate or impinge upon public order more closely and specifically. While affecting the designated model of public order, terrorist crimes put in question the architecture of the rule of law. In response to the mechanisms of terrorist offences, two main criminalization techniques are elaborated： （1） the classical technique of criminalization; and （2] the enumerative technique of criminalization. Criminal sanctions, by which the repression of this criminal vector is carried out, aim at ensuring not only the survival of human society, but also its cardinal values and interests, as well as the technical and scientific progress.

Empirical Test of Wagner＇s law in New Public Management Countries＇ Tax Revenue

The essence of empirical test of Wagner characteristic in new public management countries＇ tax revenue is to test the influence of economic growth on tax growth since new public management movement. Under IMF statistical framework, by using E-G two-step method in co-integration test and Granger causality test and empirically testing of the gross tax revenue and classified tax revenue in Australian, Canada, France, America, Britain these five countries, we can find that most indicators in most countries do not confirm to Wagner＇ s law. With the growth of GDP, tax revenue as a percentage of GDP rises periodically but not permanently. This period can be called the validity period of Wagner＇ s law in financial scale.

Public Welfare Crowdfunding in the Context of the ＂Charity Law＂

The formulation and promulgation of the ＂Charity Law＂ provides the legal basis for various forms of charitable activities, and also makes more and more commonweal activities go forward.And It also provides legal guidelines and direction for the increasingly active but ＂mixed＂ Internet public crowdfunding, and ensures smooth operation. Although the ＂Charity Law＂ still lacks certain aspects of public crowdfunding, it still outweighs its disadvantages and is Respected. Based on the relevant articles of the ＂Charity Law＂, this article elaborates on the ＂Charity Law＂ brought to public welfare crowdfunding from the main bodies of fund-raising, the flow of charity, charity donation and personal assistance.

Landmark Law Provides Equal Safeguards to Public,Private Property

Atier more than a quarter-century of market-oriented economic policies and unprecedented economic growths, China on March 15, 2007enacted its first law that provides equal legal safeguards to both public and private properties. The 247-article People＇s Republic of China Property Law, which is due to come into effect as of October 1, 2007, stipulates that ＂the property of the State, the collecfive, the individual and other obligees shall be protected by law, and no units or individuals may infringe upon it＂.

Public Security Penalties Law Respects, Protects Human Rights

On August 28, 2005, China＇s highest legislature adopted the Law on Penalties in Respect to Public Security Management （hereinafterrefen＇ed to as the Public Security Penalties Law for short）. The Law, adopted at the 17th meeting of the Standing Committee of the Tenth National People＇s Congress, shall become effective for implementation on March 1, 2006 to replace the Regulations on Penalties in Respect to Public： Security Management （Herein after referred to as the Public Security Penalties Regulations for short） that has been in practice for 18 years.

美国公法域外适用机制及中国因应研究

公法域外适用衍生于国际体系的结构性演变,有着经济全球化下独特的政治、经济与意识形态背景。其在公法域外适用需求的显现、国家主权观念的转换、公法禁忌原则的突破以及法律形式的嬗变上,具备了一定的存在基础。但是近年来,囿于美国国际法理念的转变,其由原先对严格属地主义的固守转为对国家利益至上的推崇,因而在公法域外适用上愈发地恣意与专断,使公法域外适用存在严重的法律、外交和道德张力。为应对美国公法域外适用,中国须秉承防御与建设共进的思路。一方面,加强国际合作共同抗衡美国公法域外适用制度的滥用,同时健全中国的反制法律体系;另一方面,梳理总结美国多年来在公法域外适用过程中形成的丰富经验,在此基础上构建完善符合国际法基本原则的中国法域外适用制度。

No country is an island in regulating food safety:How the WTO monitors Chinese food safety laws through the Trade Policy Review Mechanism(TPRM)

Established within the framework of the World Trade Organization （WTO）, the Trade Policy Review Mechanism （TPRM） reviews periodically the trade policies of all WTO Members. The review includes many aspects of food safety regulation. China＇s trade policy is reviewed every two years. This paper analyses in detail the reviews of China＇s trade policy in 2006, 2008, 2010, 2012 and 2014. It focuses in particular on food safety laws and types of standards, alignment of domestic standards with international standards, the role of different domestic institutions, transparency and notification of food safety measures under the WTO agreements on Sanitary and Phytosanitary Measures （SPS） and on Technical Barriers to Trade （TBTAgreement）, import and export, and geographical indications （GIs）. It concludes that the WTO TPRM can contribute, within its mandate, to reform of Chinese food safety laws and improvement of food safety in China. it notes that China has already undertaken substantial reforms of its system for regulating food safety. It recommends that China should continue to participate actively in the TPRM, follow its own path with regard to alignment and learn selectively from other WTO Members.

Analysis of Differences between Requirements of Public Meteorological Services from a New Perspective

Based on the survey data of public meteorological services,differences between users' needs for public meteorological services were analyzed by using Maslow's hierarchy of needs and the principle of information availability in behavioral economics. The results show that users' needs for meteorological services follow certain laws,and the public's needs for meteorological information are driven by physiological needs firstly and then by safety needs,while they are driven by upper needs finally. Meanwhile,users' needs for meteorological services have particularity.Under special backgrounds,there are certain differences between users' needs and laws of basic needs,and users' needs are inconsistent with the " ideal needs" of meteorological departments. Studying the laws and particularity of differences between users' needs for meteorological services in detail is conducive to a survey of the public's needs for meteorological services and improvement of meteorological service quality.

Research on Environmental Public Interest Litigation in Taiwan

As germination and rise of public environmental awareness in Taiwan, large-scale air pollution, water pollution, noise, land subsidence and other public hazards harming human health and living environment caused by various production or consumption activities are generated. Facing the situation of environment increasingly aggravates, environmental public interest litigation system is constructed. First, Article 9 of Administrative Procedure Law stipulates public interest litigation;then ,Article 34 of Environmental Basic Law cleady stipulates important elements of public interest litigation. In the research, taking the first environmental public interest litigation in Taiwan as the example, collusion process between government and developer, and private environmental protection groups finally obtaining victory through the continuous effort and litigation are illustrated, thereby uncovering so-called ＂legal＂ saying by government and developer. Environmental maintenance and improvement is the duty of every citizen should do, but not only the duty of govemment, which is mentality of environmental public interest litigation development should have and road must take.

General Aspects of Financial Law

The aim of this article is to outline the general parts of the legal branch called financial law. It is intended as the first part of a series of articles outlineing the topic in detail. The aim of the submitted contribution is to demonstrate that the financial and legal aspects created the basis of economic development of the regions from the early beginnings of human society. Social relations constituting the subject-matter of the financial law had been developing, changing, and had become established before the financial law itself has been constituted. These relations seem to have been present from the very beginning of the existence of the human society. Regulatory acts associated with regulation of these relationships embodied solidarity and methodological specificities. The specificity of the subject-matter of regulation, solidarity and methodological specificities of the financial, and legal standards sufficiently define superstructure with a natural law character. The superstructure is based on constitutional system of national states after the EU integration has been completed on the EU law. As we can evaluate retrospectively, the transfer of fmanciallaw competencies in Brussels was a failiure. Since the political union was established through the Lisbon treaty in 2009 the European sovereign debt crisis emerged and ravaged the EU until today.

Police Emergency Commitment Powers in Cases of Persons Experiencing Mental Health Crisis in “Public Spaces”: Review of the Commitment Process in England and Wales, in Comparison to the Practice in the United States of America (USA)

Police emergency commitment powers for detention of persons in the community perceived to be seriously mentally ill for further specialist examination in a designated facility have always raised interest in medical and legal circles on both sides of the Atlantic. The objective of this article is to detail the police commitment procedure in England and Wales, as dictated by the mental health act of 1983 (MHA 1983) amended in 2007 (MHA 2007);and compare this with similar legal provisions as prevails under current state mental health statutes in the United States of America (USA). The comparative review of the commitment processes in England and Wales to that of the USA reveals that the process in England and Wales seeks to primarily ensure that persons with mental disorder (PWMD) in crisis are directed to a specialist hospital for evaluation and appropriate specialist care. In the USA such persons in a good number of cases may end up in the criminal justice system due to application of the “dangerousness” standard. Additionally whereas in England and Wales the commitment law is uniform in law and application, the federal system in the USA is such that the commitment law may have minor variations depending on the individual states. The minor variation in state commitment laws may engender a situation where the commitment law in England and Wales may seem relatively equitable and just towards PWMD in crisis, compared to the state commitment laws in the USA.

The Animal Health Law-Regulation EU 2016/429 and the Future of Food Safety and Free Commerce in Europe

The aim of this study was to analyze the contents of Reg.(EU)No.429/2016,and to assess its role in guaranteeing the efficient application of the disease prevention and control rules into member state.Furthermore,the authors evaluated the impact of the abovementioned Regulation on the legislation on public health and food safety already in force in Europe(Regulations EC No.178/2002,No.882/2004,No.853/2004)and considered the global impact of the new rules on the effective functioning of the internal market.The study pays attention also to the TFEU(treaty of lisbon on the functioning of the European union)procedure to delegate to the commission the power to adopt non-legislative acts of general application that supplement or amend certain non-essential elements of a legislative act.

Conflict： Efficient State or State Under the Rule of Law？-- The Hungarian Case of the Victory of the Efficient State over the State Under the Rule of Law

This study is seeking an answer as to whether the efficient state and the state under the rule of law are indeed irreconcilable, as well as to whether these two categories are by nature to be seen as contrary concepts. The basic issue is whether efficiency is to be handled as an ＂extralegal＂ category, or whether legal regulation, in accordance with public administration traditions in Europe, can in itself meet the requirement of efficiency. Also the study presents the formation of the issue of conflict between the effective state and the state under the rule of law in Hungary after the election held in 2010 in the practice of economic policy and legislation of the Orban government. We are trying to answer the question of the tendency of power concentration to really menace the principles of a traditionally-formed state under the rule of law, as well as whether the economic policy of the government can be implemented effectively in a strongly centralized political and state administrative system.

History and Logical Progression of China's Public Health System——From the Perspective of the Protection of the Right to Health

A public health system generally refers to public utilities oriented toward protecting and improving health. It is intended to protect the health of the general public. Since the founding of the People’s Republic of China, China has constructed the largest healthcare system in the world. The 20th National Congress of the Communist Party of China(CPC), stressed that China will improve its public health system. Looking back at the history of China’s public health system from its inception to the reform and development and then improvement, it can be found that its development has always revolved around the theoretical logic of unifying rights and obligations and the practical logic of balancing the protection of the right to health and the regulation of state power. The fundamental goal is to protect the right to health of the people. The increasing health risks in modern society have changed require that efforts be made to construct a crisscrossing legal framework for public health, improve early-warning and emergency response mechanisms for public health emergencies,and integrate the health concept into all policies to further improve the public health system.

论公共卫生治理的政府责任

多元共治时代,公共卫生治理中政府责任要打破基于行政任务进行责任配置的传统逻辑,将政府责任的厘定置于“公共任务公私合作”和“行政任务公私合作”的双重视域。公共卫生治理中行政机关作为公共任务公私合作的主导者和行政任务公私合作的责任方,在承担领导与促进责任、组织与动员责任、履行或担保责任、监督与救济责任之时,其内部构造差异明显。新时代公共卫生治理体系建构必须着眼于中国式社会治理共同体这一整体性视角,科学厘定公共卫生治理中政府责任的内部法律构造,统筹推动公共卫生治理法治化进程。