In the era of the Internet,various network platforms have evolved into new hubs for information dissemination.Currently,China has established a platform-centered content regulation framework,wherein platforms proactiv...In the era of the Internet,various network platforms have evolved into new hubs for information dissemination.Currently,China has established a platform-centered content regulation framework,wherein platforms proactively enforce content regulations in accordance with legal censorship obligations.Additionally,platform policies and user agreements augment their authority in content regulation.The platforms can achieve cost-effective and highly efficient content regulation by leveraging their strategic advantages enabled by their own technical capabilities and extensive coverage.The platform self-regulation model,however,still faces challenges.First,accurately evaluating content remains a formidable task;second,ensuring effective platform publicity through self-regulation poses difficulties;third,users may potentially face disadvantages due to the platform’s right of self-regulation;and fourth,digital copyright owners face challenges when defending digital copyright disputes under the safe harbor rule.Therefore,it is imperative to establish,review,and revise the legal framework for content regulation of network platforms in order to enhance the efficiency of their governance systems.The formulation of the legal framework for content regulation of network platforms may encompass the following aspects:rationalizing obligations pertaining to platform content regulations,enhancing supervision over platform self-regulation,and establishing a dual-track responsibility system for digital copyright content regulation.This will ensure a harmonious balance among public interests,users’personal rights and interests,and commercial benefits through regulating the content on network platforms.展开更多
The small and scattered enterprise pattern in the county economy has formed numerous sporadic pollution sources, hindering the centralized treatment of the water environment, increasing the cost and difficulty of trea...The small and scattered enterprise pattern in the county economy has formed numerous sporadic pollution sources, hindering the centralized treatment of the water environment, increasing the cost and difficulty of treatment. How enterprises can make reasonable decisions on their water environment behavior based on the external environment and their own factors is of great significance for scientifically and effectively designing water environment regulation mechanisms. Based on optimal control theory, this study investigates the design of contractual mechanisms for water environmental regulation for small and medium-sized enterprises. The enterprise is regarded as an independent economic entity that can adopt optimal control strategies to maximize its own interests. Based on the participation of multiple subjects including the government, enterprises, and the public, an optimal control strategy model for enterprises under contractual water environmental regulation is constructed using optimal control theory, and a method for calculating the amount of unit pollutant penalties is derived. The water pollutant treatment cost data of a paper company is selected to conduct empirical numerical analysis on the model. The results show that the increase in the probability of government regulation and public participation, as well as the decrease in local government protection for enterprises, can achieve the same regulatory effect while reducing the number of administrative penalties per unit. Finally, the implementation process of contractual water environmental regulation for small and medium-sized enterprises is designed.展开更多
This study discusses the European Union’s proposal for a Regulation on Markets in Crypto-Assets,now subject to formal approval by the European Parliament.The objective is to explore whether it will positively impact ...This study discusses the European Union’s proposal for a Regulation on Markets in Crypto-Assets,now subject to formal approval by the European Parliament.The objective is to explore whether it will positively impact the adoption of crypto-assets in the financial sector.The use of crypto-assets is growing.However,some stakeholders in the financial service sector remain skeptical and hesitant to adopt assets that are yet to be defined and have an unclear legal status.This regulatory uncertainty has been identified as the primary reason for the reluctant adoption.The proposed regulation(part of the EU’s Digital Finance Strategy)aims to provide this legal certainty for currently unregulated crypto-assets.This study investigates whether or not the proposed regulation can be expected to have the intended effect by reviewing the proposed regulation itself,the opinions and reactions of the various stakeholders,and secondary literature.Findings reveal that such regulation will most likely not accelerate the adoption of crypto-assets in the EU financial services sector,at least not sufficiently or as intended.Some suggestions are made to improve the proposal.展开更多
The popularity of flexible working hours around the world has slowed down the historical trend of reducing working hours.It even shows signs of regression.Whether and how to guide the cur-rent society with flexible wo...The popularity of flexible working hours around the world has slowed down the historical trend of reducing working hours.It even shows signs of regression.Whether and how to guide the cur-rent society with flexible working hours to return to the historical track of reducing working hours,improve the quality of working hours,and promote a smooth transition from the era of traditional standard work-ing hours to the era of flexible working hours has become a question related to the legal regulation of working hours in the new era.In this regard,although Western countries have proposed new regulatory concepts and carried out legislative practices with distinctive charac-teristics,the limitations of legal regulation capabilities have prevented them from proposing a package of institutional solutions.The advan-tage of China in the ability of legal regulation of working hours has been gradually formed in the legislation on working hours unnder the leadership of the CPC in the past century.It enables China to break through the limitations of the West and propose a Chinese approach to answer the question of the legal regulation of working hours in the new era from three aspects:limiting the extension of working hours,improving the quality of flexible working hours,and optimizing the funnctions of the multi-funnctional regulatory system for working hours.展开更多
With large-scale engineering projects being carried out in China, a large number of fossil localities have been discovered and excavated by responsible agencies, but still some important fossils of great value have be...With large-scale engineering projects being carried out in China, a large number of fossil localities have been discovered and excavated by responsible agencies, but still some important fossils of great value have been removed and smuggled into foreign countries. In the last three years, more than 1345 fossil specimens have been intercepted by Customs in Shenzhen, Shanghai, Tianjin, Beijing and elsewhere, and more than 5000 fossils, most of which are listed as key fossils,展开更多
With the rapid development of society,most of countries around the world are all attaching importance to the construction of the rule of law.Many countries are drawing lessons from each others’excellent legal achieve...With the rapid development of society,most of countries around the world are all attaching importance to the construction of the rule of law.Many countries are drawing lessons from each others’excellent legal achievements.Legal translation is an important branch of translation field and is playing an increasingly essential part in legal changes.With the deepening of China’s rule of law,China’s construction of legal system has stepped into a new phase.A large number of excellent Chinese legal documents are being translated into English,and many laws of Britain and America also have been translated into Chinese.The globalization of law has been an irreversible tendency.With the vigorous development of legal translation,how to correctly translate foreign legal achievements into Chinese has become a very arduous task for translators.The research field of legal translation includes the study of vocabulary,discourse,sentence and so on.The quality of translation of English legal vocabulary is key to deciding the quality of the whole translation of the legal text.Guided by the Skopos theory,which is a well-known theory put forward by German School of translation,the author makes a preliminary study on the translation of English legal vocabulary.By using and analyzing example sentences,the author makes summary about five characteristics of English legal vocabulary:common English vocabulary expressing legal meanings,use of ancient English vocabulary,parallel use of synonyms,use of modal verbs,use of professional terms and legal jargon.On the premise of conforming to the Skopos theory,four strategies of translating English legal vocabulary are summarized by the author according to these characteristics of English legal vocabulary,which are respectively fuzzy processing of English legal vocabulary,giving play to translators’subjectivity,possessing consciousness of legal texts,correct use of domestication and foreignization.The author stresses the important role of translators’subjectivity in the translation of English legal vocabulary,the correct use of domestication and foreignization and lastly links characteristics of English legal vocabulary,the Skopos theory and strategies of translation of English legal vocabulary effectively.The study has the certain innovation and reference significance in improving the quality of legal translation.展开更多
The ferrocene(Fc)-based metal-organic frameworks(MOFs)are regarded as compelling platforms for the construction of efficient and robust oxygen evolution reaction(OER)electrocatalysts due to their superior conductivity...The ferrocene(Fc)-based metal-organic frameworks(MOFs)are regarded as compelling platforms for the construction of efficient and robust oxygen evolution reaction(OER)electrocatalysts due to their superior conductivity and flexible electronic structure.Herein,density functional theory simulations were addressed to predict the electronic structure regulations of CoFc-MOF by nickel doping,which demonstrated that the well-proposed CoNiFc-MOFs delivered a small energy barrier,promoted conductivity,and well-regulated d-band center.Inspired by these,a series of sea-urchin-like CoNiFc-MOFs were successfully synthesized via a facile solvothermal method.Moreover,the synchrotron X-ray and X-ray photoelectron spectroscopy measurements manifested that the introduction of nickel could tailor the electronic structure of the catalyst and induce the directional transfer of electrons,thus optimizing the rate-determining step of^(*)O→^(*)OOH during the OER process and yielding decent overpotentials of 209 and 252 mV at 10 and 200 mA cm^(−2),respectively,with a small Tafel slope of 39 mV dec^(−1).This work presents a new paradigm for developing highly efficient and durable MOF-based electrocatalysts for OER.展开更多
A series of laws and regulations related to the oil and gas.resources have already been pro-mu]gated and provided a legal basis for the activities of petroleum exploration and exploita-tion in China.These laws are as ...A series of laws and regulations related to the oil and gas.resources have already been pro-mu]gated and provided a legal basis for the activities of petroleum exploration and exploita-tion in China.These laws are as follows:展开更多
The market and popularity of e-cigarettes are growing rapidly worldwide.However,the research and regulation of this novel products have lagged behind.In this paper,we reviewed and compared the regulatory mechanisms re...The market and popularity of e-cigarettes are growing rapidly worldwide.However,the research and regulation of this novel products have lagged behind.In this paper,we reviewed and compared the regulatory mechanisms regarding e-cigarettes among ten Association of Southeast Asian Nations(ASEAN)member states.Our findings demonstrated a continuum of the legal regulations of e-cigarettes in this region:on the one hand,countries such as Brunei,Cambodia,Thailand,and Singapore have prohibited the importation and sale of e-cigarettes with existing tobacco control laws or specific regulations;on the other,countries such as Myanmar and Vietnam had almost no legal restrictions on e-cigarettes whatsoever.This overview of national regulations not only clarified the legal status of e-cigarettes in the ASEAN region but also provided informing lessons for countries currently lacking e-cigarette regulations such as China.展开更多
This paper deals with a very important issue,which concerns the possibility of establishing a public-private partnership(PPP),through which link is made between the public and the private sector,for the benefit of bot...This paper deals with a very important issue,which concerns the possibility of establishing a public-private partnership(PPP),through which link is made between the public and the private sector,for the benefit of both sectors,which is a very important opportunity for the realization of different infrastructure projects,and of course tourism facilities can be created in this form.Particular attention is given to the legal regulation of this issue in the Republic of Macedonia.It is mainly expressed through the provisions of the Law on PPP,which makes a clear distinction between the public and the private partner.Public partner is a legal entity that gives an agreement for the establishment of a public private partnership.Private Partner is a domestic or foreign legal entity or natural person or consortium with whom the public partner concludes an agreement for a PPP.展开更多
The aim of this essay is to analyse the future of Confucianism in Western societies or,at least,through the exegesis of Western scholars.To realize this overview definitely means to verify how Confucian thought crosse...The aim of this essay is to analyse the future of Confucianism in Western societies or,at least,through the exegesis of Western scholars.To realize this overview definitely means to verify how Confucian thought crossed many contemporary and later theories,especially in juridical fields as the theory of private law and the public comparative law.That system of customary rules and pragmatic ethics did not fail to face the modernity by enlarging its views in the context of much more complex societies:So,a typical phenomenon of Eastern civilities,to the point that it is generally considered the most peculiar inheritance of both Chinese spirituality and administrative political science,became an interesting and suggestive test bench for different starting points.If it is correct to say that this is not a proper nowadays stance(remembering the praise of Leibniz and Voltaire,for instance),it is even more likely that Confucianism will catch the attention of a larger academic audience also in the nearest future and not only narrowing its rise to the enormous economic growth of the Chinese influence and ruling role in the world,directly getting a level of strength not far from the American governance.Unsurprisingly,the first defined approaches to a Western Confucianism,mixing elements from its absolutely unique written or traditional sources and aspects taken from the comparison with other cultures,are still coming from United States’universities,in the scientific field of sinology and,step by step,comparative law’s scholars and legal theorists.This fascinating development that opens up Confucian ethics to a bigger spectre of teachings and belongings is happening while Confucian rituals,temples,and precepts are reaching in modern days China an always more cohesive and aggregating religious phenomenology.The West looks for ideas,while the East is trying to find stability around a metaphysical substructure of common values to prevent conflicts and to keep societies safe.展开更多
The decision of local people's congresses to discuss major issues is a basic right granted to local people's congresses by the Chinese Constitution and laws.However,in practice,the implementation of the power ...The decision of local people's congresses to discuss major issues is a basic right granted to local people's congresses by the Chinese Constitution and laws.However,in practice,the implementation of the power of deliberation of major issues by local people's congresses is worrying.By applying the theory of Chinese traditionalism and unity in the theory of law,the theory of"sovereignty in the people"in the social contract theory of Western natural law school,Austin's"legal command theory55 in Western positivist law and Hart's"recognition""Rules theory"to argue that the integrity of rights necessarily involves the dual factors of decision-making and execution.At the same time,the existence and operation of the law always reflects the development of the political system.The realistic political situation requires us to make more precise and meticulous refinement of the external form and specific technical links of the legal system,and to coordinate the rules to make up the legal theory and Conflicts and conflicts in legal practice help to reform social institutions.展开更多
The differences between men and women are transformed into inequalities by society.However,legal rules are silent on the issue,which strengthens the prejudice and injustice.Responding the unfair oppression,feminism wa...The differences between men and women are transformed into inequalities by society.However,legal rules are silent on the issue,which strengthens the prejudice and injustice.Responding the unfair oppression,feminism was associated with law,which gives great shape and direction to the legal community and women's life.This article first presents the general objective of feminist legal theory,its four schools and their specific aims.Then the methods,which feminist legal scholars adopt to develop the theory and enrich law,are summarized.Thirdly,it discusses the impacts of the theory upon the legal system and the lives of real women,and how the theory exercises the effects from three respects.展开更多
Habermas is one of the Western scholars who make great contribution to the contem porary humanistic and social science. He puts forward the theory of communicative action,which,with language as the medium,aims at mutu...Habermas is one of the Western scholars who make great contribution to the contem porary humanistic and social science. He puts forward the theory of communicative action,which,with language as the medium,aims at mutual understanding and reaching an agreement. The theory of communicative action of Haberm as has the model significance for the reconstruction of the legal culture of China. Through studying of such a theory,this paper attem pts to interpret the rationalistic philosophy of the Western legal democracy which is based on the theory of discussion,and according to the current situation of the legal culture of China,this paper puts forward that we should refer to the theory of communicative action of Haberm as in order to accelerate the socialist legislation and prom ote the im plementation of the socialist concept of ruling by law.展开更多
Whether the legitimate boundary of human genome editing is gene therapy or genetic enhancement is an issue of fierce debate. To safeguard basic human rights such as the right to autonomous development and personal dig...Whether the legitimate boundary of human genome editing is gene therapy or genetic enhancement is an issue of fierce debate. To safeguard basic human rights such as the right to autonomous development and personal dignity, and protection of the current human social ethics and moral outlook and natural evolution order, gene therapy should be permitted while genetic enhancement should be prohibited. After the boundary of the genome editing application category is clearly defined, the risk that social inequality may increase, the biosafety and damage risk and the privacy and personal information disclosure risk brought by human genome editing should be analyzed.Based on this, the legal approach to regulating genome editing should be to adopt an inclusive and prudent hierarchical supervision idea ensuring universal access to genome editing under the social permission theory. A human rights impact assessment system and an in-process framework for diversified risk evaluation and inclusive and prudent hierarchical supervision, determine a posterior attribution principle and dynamically standardize genome editing application order in a closed-loop way.展开更多
The enterprise coordinates social resources, which changes the dialogue between human and the environ-ment into that between enterprise and environment. The profi t-making character of enterprise leads to the abandon-...The enterprise coordinates social resources, which changes the dialogue between human and the environ-ment into that between enterprise and environment. The profi t-making character of enterprise leads to the abandon-ment of environmental ethics. Enterprise, which has the capability to solve environmental problems, however, lacks the motive to do it. It has controlling power over society and should assume the responsibility of environmental protection. For its lack of environmental conscience, the external institutional arrangements should be made for enterprise. The strategy for environmental cost should be designed in connection with the interest orientation of en-terprise. And various legal measures in constitutional law, social law, civil law, administrative law and criminal law should be utilized to regulate enterprise's behaviors regarding environmental protection.展开更多
基金This paper is a phased achievement of the key project of the Chongqing Municipal Education Commission entitled“Research on Establishment of Regional Legal Framework for Rural Revitalization”(Project No.23SKJD033)the university-level project of Southwest University of Political Science&Law entitled“A Comparative Study on Legislation for Agricultural and Rural Modernization”(Project No.DFLF2020Y12).
文摘In the era of the Internet,various network platforms have evolved into new hubs for information dissemination.Currently,China has established a platform-centered content regulation framework,wherein platforms proactively enforce content regulations in accordance with legal censorship obligations.Additionally,platform policies and user agreements augment their authority in content regulation.The platforms can achieve cost-effective and highly efficient content regulation by leveraging their strategic advantages enabled by their own technical capabilities and extensive coverage.The platform self-regulation model,however,still faces challenges.First,accurately evaluating content remains a formidable task;second,ensuring effective platform publicity through self-regulation poses difficulties;third,users may potentially face disadvantages due to the platform’s right of self-regulation;and fourth,digital copyright owners face challenges when defending digital copyright disputes under the safe harbor rule.Therefore,it is imperative to establish,review,and revise the legal framework for content regulation of network platforms in order to enhance the efficiency of their governance systems.The formulation of the legal framework for content regulation of network platforms may encompass the following aspects:rationalizing obligations pertaining to platform content regulations,enhancing supervision over platform self-regulation,and establishing a dual-track responsibility system for digital copyright content regulation.This will ensure a harmonious balance among public interests,users’personal rights and interests,and commercial benefits through regulating the content on network platforms.
文摘The small and scattered enterprise pattern in the county economy has formed numerous sporadic pollution sources, hindering the centralized treatment of the water environment, increasing the cost and difficulty of treatment. How enterprises can make reasonable decisions on their water environment behavior based on the external environment and their own factors is of great significance for scientifically and effectively designing water environment regulation mechanisms. Based on optimal control theory, this study investigates the design of contractual mechanisms for water environmental regulation for small and medium-sized enterprises. The enterprise is regarded as an independent economic entity that can adopt optimal control strategies to maximize its own interests. Based on the participation of multiple subjects including the government, enterprises, and the public, an optimal control strategy model for enterprises under contractual water environmental regulation is constructed using optimal control theory, and a method for calculating the amount of unit pollutant penalties is derived. The water pollutant treatment cost data of a paper company is selected to conduct empirical numerical analysis on the model. The results show that the increase in the probability of government regulation and public participation, as well as the decrease in local government protection for enterprises, can achieve the same regulatory effect while reducing the number of administrative penalties per unit. Finally, the implementation process of contractual water environmental regulation for small and medium-sized enterprises is designed.
文摘This study discusses the European Union’s proposal for a Regulation on Markets in Crypto-Assets,now subject to formal approval by the European Parliament.The objective is to explore whether it will positively impact the adoption of crypto-assets in the financial sector.The use of crypto-assets is growing.However,some stakeholders in the financial service sector remain skeptical and hesitant to adopt assets that are yet to be defined and have an unclear legal status.This regulatory uncertainty has been identified as the primary reason for the reluctant adoption.The proposed regulation(part of the EU’s Digital Finance Strategy)aims to provide this legal certainty for currently unregulated crypto-assets.This study investigates whether or not the proposed regulation can be expected to have the intended effect by reviewing the proposed regulation itself,the opinions and reactions of the various stakeholders,and secondary literature.Findings reveal that such regulation will most likely not accelerate the adoption of crypto-assets in the EU financial services sector,at least not sufficiently or as intended.Some suggestions are made to improve the proposal.
基金funded by the National Social Science Fund of China (Western Region Program)“Research on Improving the Quality of Legislation in China on Rest and Vacation from a Global Perspective”(Project Approval Number:19XFX014)。
文摘The popularity of flexible working hours around the world has slowed down the historical trend of reducing working hours.It even shows signs of regression.Whether and how to guide the cur-rent society with flexible working hours to return to the historical track of reducing working hours,improve the quality of working hours,and promote a smooth transition from the era of traditional standard work-ing hours to the era of flexible working hours has become a question related to the legal regulation of working hours in the new era.In this regard,although Western countries have proposed new regulatory concepts and carried out legislative practices with distinctive charac-teristics,the limitations of legal regulation capabilities have prevented them from proposing a package of institutional solutions.The advan-tage of China in the ability of legal regulation of working hours has been gradually formed in the legislation on working hours unnder the leadership of the CPC in the past century.It enables China to break through the limitations of the West and propose a Chinese approach to answer the question of the legal regulation of working hours in the new era from three aspects:limiting the extension of working hours,improving the quality of flexible working hours,and optimizing the funnctions of the multi-funnctional regulatory system for working hours.
文摘With large-scale engineering projects being carried out in China, a large number of fossil localities have been discovered and excavated by responsible agencies, but still some important fossils of great value have been removed and smuggled into foreign countries. In the last three years, more than 1345 fossil specimens have been intercepted by Customs in Shenzhen, Shanghai, Tianjin, Beijing and elsewhere, and more than 5000 fossils, most of which are listed as key fossils,
文摘With the rapid development of society,most of countries around the world are all attaching importance to the construction of the rule of law.Many countries are drawing lessons from each others’excellent legal achievements.Legal translation is an important branch of translation field and is playing an increasingly essential part in legal changes.With the deepening of China’s rule of law,China’s construction of legal system has stepped into a new phase.A large number of excellent Chinese legal documents are being translated into English,and many laws of Britain and America also have been translated into Chinese.The globalization of law has been an irreversible tendency.With the vigorous development of legal translation,how to correctly translate foreign legal achievements into Chinese has become a very arduous task for translators.The research field of legal translation includes the study of vocabulary,discourse,sentence and so on.The quality of translation of English legal vocabulary is key to deciding the quality of the whole translation of the legal text.Guided by the Skopos theory,which is a well-known theory put forward by German School of translation,the author makes a preliminary study on the translation of English legal vocabulary.By using and analyzing example sentences,the author makes summary about five characteristics of English legal vocabulary:common English vocabulary expressing legal meanings,use of ancient English vocabulary,parallel use of synonyms,use of modal verbs,use of professional terms and legal jargon.On the premise of conforming to the Skopos theory,four strategies of translating English legal vocabulary are summarized by the author according to these characteristics of English legal vocabulary,which are respectively fuzzy processing of English legal vocabulary,giving play to translators’subjectivity,possessing consciousness of legal texts,correct use of domestication and foreignization.The author stresses the important role of translators’subjectivity in the translation of English legal vocabulary,the correct use of domestication and foreignization and lastly links characteristics of English legal vocabulary,the Skopos theory and strategies of translation of English legal vocabulary effectively.The study has the certain innovation and reference significance in improving the quality of legal translation.
基金Changjiang Scholars Program of the Ministry of Education,Grant/Award Number:Q2018270Outstanding Youth Funding of Anhui Province,Grant/Award Number:OUFAH 1908085J10+2 种基金Jiangsu Students'Innovation and Entrepreneurship Training Program,Grant/Award Number:202111117079YNatural Science Foundation of Jiangsu Province,Grant/Award Number:BK20200044National Natural Science Foundation of China,Grant/Award Numbers:NSFC 21671004,NSFC 21975001,NSFC U1904215。
文摘The ferrocene(Fc)-based metal-organic frameworks(MOFs)are regarded as compelling platforms for the construction of efficient and robust oxygen evolution reaction(OER)electrocatalysts due to their superior conductivity and flexible electronic structure.Herein,density functional theory simulations were addressed to predict the electronic structure regulations of CoFc-MOF by nickel doping,which demonstrated that the well-proposed CoNiFc-MOFs delivered a small energy barrier,promoted conductivity,and well-regulated d-band center.Inspired by these,a series of sea-urchin-like CoNiFc-MOFs were successfully synthesized via a facile solvothermal method.Moreover,the synchrotron X-ray and X-ray photoelectron spectroscopy measurements manifested that the introduction of nickel could tailor the electronic structure of the catalyst and induce the directional transfer of electrons,thus optimizing the rate-determining step of^(*)O→^(*)OOH during the OER process and yielding decent overpotentials of 209 and 252 mV at 10 and 200 mA cm^(−2),respectively,with a small Tafel slope of 39 mV dec^(−1).This work presents a new paradigm for developing highly efficient and durable MOF-based electrocatalysts for OER.
文摘A series of laws and regulations related to the oil and gas.resources have already been pro-mu]gated and provided a legal basis for the activities of petroleum exploration and exploita-tion in China.These laws are as follows:
文摘The market and popularity of e-cigarettes are growing rapidly worldwide.However,the research and regulation of this novel products have lagged behind.In this paper,we reviewed and compared the regulatory mechanisms regarding e-cigarettes among ten Association of Southeast Asian Nations(ASEAN)member states.Our findings demonstrated a continuum of the legal regulations of e-cigarettes in this region:on the one hand,countries such as Brunei,Cambodia,Thailand,and Singapore have prohibited the importation and sale of e-cigarettes with existing tobacco control laws or specific regulations;on the other,countries such as Myanmar and Vietnam had almost no legal restrictions on e-cigarettes whatsoever.This overview of national regulations not only clarified the legal status of e-cigarettes in the ASEAN region but also provided informing lessons for countries currently lacking e-cigarette regulations such as China.
文摘This paper deals with a very important issue,which concerns the possibility of establishing a public-private partnership(PPP),through which link is made between the public and the private sector,for the benefit of both sectors,which is a very important opportunity for the realization of different infrastructure projects,and of course tourism facilities can be created in this form.Particular attention is given to the legal regulation of this issue in the Republic of Macedonia.It is mainly expressed through the provisions of the Law on PPP,which makes a clear distinction between the public and the private partner.Public partner is a legal entity that gives an agreement for the establishment of a public private partnership.Private Partner is a domestic or foreign legal entity or natural person or consortium with whom the public partner concludes an agreement for a PPP.
文摘The aim of this essay is to analyse the future of Confucianism in Western societies or,at least,through the exegesis of Western scholars.To realize this overview definitely means to verify how Confucian thought crossed many contemporary and later theories,especially in juridical fields as the theory of private law and the public comparative law.That system of customary rules and pragmatic ethics did not fail to face the modernity by enlarging its views in the context of much more complex societies:So,a typical phenomenon of Eastern civilities,to the point that it is generally considered the most peculiar inheritance of both Chinese spirituality and administrative political science,became an interesting and suggestive test bench for different starting points.If it is correct to say that this is not a proper nowadays stance(remembering the praise of Leibniz and Voltaire,for instance),it is even more likely that Confucianism will catch the attention of a larger academic audience also in the nearest future and not only narrowing its rise to the enormous economic growth of the Chinese influence and ruling role in the world,directly getting a level of strength not far from the American governance.Unsurprisingly,the first defined approaches to a Western Confucianism,mixing elements from its absolutely unique written or traditional sources and aspects taken from the comparison with other cultures,are still coming from United States’universities,in the scientific field of sinology and,step by step,comparative law’s scholars and legal theorists.This fascinating development that opens up Confucian ethics to a bigger spectre of teachings and belongings is happening while Confucian rituals,temples,and precepts are reaching in modern days China an always more cohesive and aggregating religious phenomenology.The West looks for ideas,while the East is trying to find stability around a metaphysical substructure of common values to prevent conflicts and to keep societies safe.
文摘The decision of local people's congresses to discuss major issues is a basic right granted to local people's congresses by the Chinese Constitution and laws.However,in practice,the implementation of the power of deliberation of major issues by local people's congresses is worrying.By applying the theory of Chinese traditionalism and unity in the theory of law,the theory of"sovereignty in the people"in the social contract theory of Western natural law school,Austin's"legal command theory55 in Western positivist law and Hart's"recognition""Rules theory"to argue that the integrity of rights necessarily involves the dual factors of decision-making and execution.At the same time,the existence and operation of the law always reflects the development of the political system.The realistic political situation requires us to make more precise and meticulous refinement of the external form and specific technical links of the legal system,and to coordinate the rules to make up the legal theory and Conflicts and conflicts in legal practice help to reform social institutions.
文摘The differences between men and women are transformed into inequalities by society.However,legal rules are silent on the issue,which strengthens the prejudice and injustice.Responding the unfair oppression,feminism was associated with law,which gives great shape and direction to the legal community and women's life.This article first presents the general objective of feminist legal theory,its four schools and their specific aims.Then the methods,which feminist legal scholars adopt to develop the theory and enrich law,are summarized.Thirdly,it discusses the impacts of the theory upon the legal system and the lives of real women,and how the theory exercises the effects from three respects.
文摘Habermas is one of the Western scholars who make great contribution to the contem porary humanistic and social science. He puts forward the theory of communicative action,which,with language as the medium,aims at mutual understanding and reaching an agreement. The theory of communicative action of Haberm as has the model significance for the reconstruction of the legal culture of China. Through studying of such a theory,this paper attem pts to interpret the rationalistic philosophy of the Western legal democracy which is based on the theory of discussion,and according to the current situation of the legal culture of China,this paper puts forward that we should refer to the theory of communicative action of Haberm as in order to accelerate the socialist legislation and prom ote the im plementation of the socialist concept of ruling by law.
基金phased achievement of both Research of the Theory of Legal principles in the Modern Hermeneutic Horizon(Project Approval No.21AFX003)of the National Social Science Fund of China2021 Annual Special Scientific Research Fund for Academic Postgraduates(Project Approval No.2021LAW005)Law School,Beijing Normal University.
文摘Whether the legitimate boundary of human genome editing is gene therapy or genetic enhancement is an issue of fierce debate. To safeguard basic human rights such as the right to autonomous development and personal dignity, and protection of the current human social ethics and moral outlook and natural evolution order, gene therapy should be permitted while genetic enhancement should be prohibited. After the boundary of the genome editing application category is clearly defined, the risk that social inequality may increase, the biosafety and damage risk and the privacy and personal information disclosure risk brought by human genome editing should be analyzed.Based on this, the legal approach to regulating genome editing should be to adopt an inclusive and prudent hierarchical supervision idea ensuring universal access to genome editing under the social permission theory. A human rights impact assessment system and an in-process framework for diversified risk evaluation and inclusive and prudent hierarchical supervision, determine a posterior attribution principle and dynamically standardize genome editing application order in a closed-loop way.
基金the Innovative Talents Training Fund of Southwestern University of Finance and Economics
文摘The enterprise coordinates social resources, which changes the dialogue between human and the environ-ment into that between enterprise and environment. The profi t-making character of enterprise leads to the abandon-ment of environmental ethics. Enterprise, which has the capability to solve environmental problems, however, lacks the motive to do it. It has controlling power over society and should assume the responsibility of environmental protection. For its lack of environmental conscience, the external institutional arrangements should be made for enterprise. The strategy for environmental cost should be designed in connection with the interest orientation of en-terprise. And various legal measures in constitutional law, social law, civil law, administrative law and criminal law should be utilized to regulate enterprise's behaviors regarding environmental protection.