This article details the distinctive progress in Thailand’s“Chinese+Law”sector.It then examines the development of related teaching resources,culminating in three key conclusions:(1)The integration of“Chinese”and...This article details the distinctive progress in Thailand’s“Chinese+Law”sector.It then examines the development of related teaching resources,culminating in three key conclusions:(1)The integration of“Chinese”and“Law”in Thai vocational education is insufficient;(2)Teaching resources for“Chinese+Law”in Thailand are scarce and of subpar quality.Presently,there are only print textbooks available,with no accompanying digital or multimedia resources developed;(3)The optimal approach for“Chinese+Law”teaching materials in Thailand should involve collaborative efforts between Chinese and Thai experts.展开更多
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...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.展开更多
This chapter examines the Chinese practice of delivery of the cargo without presentation of the bill of lading and the law and regulations governing that practice, and in the gaps left by laws and regulations, the app...This chapter examines the Chinese practice of delivery of the cargo without presentation of the bill of lading and the law and regulations governing that practice, and in the gaps left by laws and regulations, the approach established by the legal authorities and maritime courts. The necessities and causes for this risky action and possible suggestions will be considered, as will the approach of statute and judiciary. Potential and desirable reform will be discussed in light of the Rotterdam Rules. It is concluded that in order to facilitate cargo delivery, there would be a need to provide detailed legal guidance applicable to the many situations where the requisite documentation has failed to materialise.展开更多
What hinders the way of Chinese to be an English master? The issue has been puzzling language learners for many years. This paper, by discussing some similarities and diversities between English and Chinese, offers a...What hinders the way of Chinese to be an English master? The issue has been puzzling language learners for many years. This paper, by discussing some similarities and diversities between English and Chinese, offers an approach to understand the two languages in full length. A brief analysis about the features of English and Chinese by way of linguistics, cultural comparison, and cognition shows that in learning English or Chinese, one should follow its rules and laws, and figure out its corresponding expressions under the condition that the tone, the attitude, the stress of the text are greatly emphasized and taken into consideration. Bewar.e of these laws between the two languages will make learning easier. Meanwhile, this paper also offers a translation tip differences and awareness after the discussion of each topic about the features of English and Chinese as regarding they may serve as some useful tips in translation.展开更多
Ulcerative colitis is a kind of inflammatory bowel disease.The disease is slow and easy to relapse.Western medicine treatment mainly focuses on symptomatic treatment,which has certain side effects on liver and kidney ...Ulcerative colitis is a kind of inflammatory bowel disease.The disease is slow and easy to relapse.Western medicine treatment mainly focuses on symptomatic treatment,which has certain side effects on liver and kidney function.Ulcerative colitis has unique advantages in disease,so by studying a large amount of information,mainly from the law of traditional Chinese medicine use of UC,and a brief summary of the treatment of TCM syndromes,this article provide s ideas and basis for clinical diagnosis and treatment of the disease.展开更多
Teaching and research on human rights law are not purely academic, in that after graduation law students are expected to be .judges, prosetutors, lawyers and government officials who, in one way or another, will be ob...Teaching and research on human rights law are not purely academic, in that after graduation law students are expected to be .judges, prosetutors, lawyers and government officials who, in one way or another, will be obliged to respect human rights.展开更多
Xl Jinping: The Governance of China, a collection of Chinese President Xi Jinping's speeches and insights, pro- vides readers with valuable information about the Chinese leader and the future of China. The nearly 50...Xl Jinping: The Governance of China, a collection of Chinese President Xi Jinping's speeches and insights, pro- vides readers with valuable information about the Chinese leader and the future of China. The nearly 500-page volume contains about 80 speeches, interviews, instructions and correspondence.展开更多
It is very timely and necessary for us to hold this seminar in the beautiful Suzhou Campus of Renmin University of China to deeply study and implement the decisions of the Fourth Plenary Session of the 18th Communist ...It is very timely and necessary for us to hold this seminar in the beautiful Suzhou Campus of Renmin University of China to deeply study and implement the decisions of the Fourth Plenary Session of the 18th Communist Party of China(CPC)Central Committee,push forward the construction of China’s rule of law and jointly discuss the development of China’s human rights cause.展开更多
There are so many different opinions on whether the autonomy of will is applied in labor contract.In this paper,the author discusses the application and limitation of autonomy of will in labor contract,and puts forwar...There are so many different opinions on whether the autonomy of will is applied in labor contract.In this paper,the author discusses the application and limitation of autonomy of will in labor contract,and puts forward some suggestions on the application of Article 43 of Law of the Application of Law for Foreign-related Civil Relationships after the introduction of Chinese legislation of the applicable law of labor contract.Autonomy of will is a useful principle in resolving disputes arising from foreign-related labor contract in China.展开更多
US President George W. Bush, in an effort to restore public confidence in the financial market, signed into law on July 30 the Public Company Accounting Reform and Investor Protection Act. The law allows for stiffer p...US President George W. Bush, in an effort to restore public confidence in the financial market, signed into law on July 30 the Public Company Accounting Reform and Investor Protection Act. The law allows for stiffer penalties to be imposed on anyone caught committing corporate and/or accounting fraud.展开更多
1. Introduction The role of law and human rights in Chinese traditional culture seem to be a real conundrum with misunderstanding and controversies. Some Western politicians and scholars who did not probably delve int...1. Introduction The role of law and human rights in Chinese traditional culture seem to be a real conundrum with misunderstanding and controversies. Some Western politicians and scholars who did not probably delve into and equip with related knowledge were apt to take an adverse stand. For example, Chris Pat-展开更多
Constructing the Chinese self-independent knowledge system of legal science is a great project to adapt Marxist legal science to the Chinese context and the needs of our times in the new era, a profound revolution in ...Constructing the Chinese self-independent knowledge system of legal science is a great project to adapt Marxist legal science to the Chinese context and the needs of our times in the new era, a profound revolution in the field of legal science, a precursor and foundation for constructing a system of legal science with Chinese characteristics, an urgent need to train high-quality legal talents with both virtues and talents, and an inevitable requirement for promoting the Chinese path to the modernization of the rule of law. To carry out such a systematic project, it is imperative to focus on the seven basic principles and scientific methods that include adhering to the ideological guidance of XI Jinping Thought on the Rule of Law. The theory of the system of socialist rule of law with Chinese characteristics, which is the cornerstone for the development of the Chinese self-independent knowledge system of legal science, has provided a necessary and much-needed theoretical paradigm for the development of the Chinese self independent knowledge system of legal science, has led to the innovative development of legal theory with Chinese characteristics in the new era, and will continue to do it.展开更多
The pursuit of economic efficiency is the major driver for the birth of contemporary Chinese civil law.Contemporary civil law scholarship has demonstrated a serious concern for efficiency from the very beginning.Howev...The pursuit of economic efficiency is the major driver for the birth of contemporary Chinese civil law.Contemporary civil law scholarship has demonstrated a serious concern for efficiency from the very beginning.However,many examples suggest that the notion of economic efficiency is often diluted or replaced by factors like civil law doctrinal scholasticism,moral notions,inertial thinking of the planned economy or the will of the leader.It has not been systematically attended to or expressed in a detailed and precise way in the contemporary civil law scholarship in China,rendering some economic judgments uneconomical.In the 21 st century,it is necessary for the civil law studies to establish a clearer and more precise notion of efficiency,to conduct more direct and accurate evaluations on civil laws’incentives on people’s behaviors and their socio-economic effects,so as to reduce the cost of social interactions and promote deeper cooperation and winwin outcome among individuals.展开更多
Evidence-based medicine(EBM)is recognized as one of the highest-quality scientific approaches in the medical community around the globe.It calls for doctors to use the best available scientific evidence in clinical de...Evidence-based medicine(EBM)is recognized as one of the highest-quality scientific approaches in the medical community around the globe.It calls for doctors to use the best available scientific evidence in clinical decision-making.This paper used an empirical study on 44 EBM related judicial cases in China,the result shows the EBM is commonly used as a supplement to the expert opinion in actual judicial review,it is deemed to illuminate the causation in the case fact rather than as the standards of care,which has the similar characteristics as"documentary evidence",and over the years the Chinese judicial practice formed a"three-stage"judicial review rule on EBM:(1)the first stage is whether the evidence itself can meet the standards of EBM;(2)the second stage is when determining the evidence presented by parties is sufficient to meet the legal standards of EBM,and whether it can be applied in a court case would depend upon comprehensive consideration of adaptability and maturity of EBM;(3)the third stage is whether to treat EBM as the only basis in causation analysis.展开更多
Legal practices from ancient to modern times have shown that law is closely related to language and writing.To compensate for the inherent uncertainty of language and writing,current laws use relatively sophisticated ...Legal practices from ancient to modern times have shown that law is closely related to language and writing.To compensate for the inherent uncertainty of language and writing,current laws use relatively sophisticated textual expression structures.Most of the lofty slogans and principles introduced from the West is nothing but a vain name and brings substantial harm.The concepts,systems,legislative techniques,and legal texts of traditional law have specific critical and reference significance for today’s legislation.It is especially significant for us to be vigilant about the reflection of traditional law on legal modesty.展开更多
One of the significant theoretical contributions of the Report to the 20th National Congress of the Communist Party of China(CPC)is a well-conceived systematic Chinese modernization theory,which is developed based on ...One of the significant theoretical contributions of the Report to the 20th National Congress of the Communist Party of China(CPC)is a well-conceived systematic Chinese modernization theory,which is developed based on the profound summarization of the successful experience of Chinese modernization,and on the modernization theories of China and other countries.Chinese modernization of the rule of law,a section of the lawbased Chinese modernization,focuses on the subject of rule of law.Breaking the myth of Western centralism,it creates a new model of modernization of the rule of law and produces a revolutionary effect on the modernization of the rule of law modernization in the world.It presents distinctive Chinese features and Chinese vision.Led by the CPC,it is an independent exploration,people-centered,organized,and planned,and has lofty value goals.Driven by modern science and technology forworld peace and development,the principal task of Chinese modernization of the rule of law is to create a system of socialist rule of law with Chinese characteristics and a new form of human advancement of the rule of law.Its great mission is to build China into a modern socialist country in all respects under the rule of law,ensuring that the rule of law runs through all areas and aspects of national governance and construction,so that building China into a great modern socialist country with the high-quality rule of law can be guaranteed.展开更多
The essence of Chinese modernization of the rule of law is to promote a modern legal system in China.The approach to Chinese modernization of the rule of law refers to the Chinese approach to promoting a modern legal ...The essence of Chinese modernization of the rule of law is to promote a modern legal system in China.The approach to Chinese modernization of the rule of law refers to the Chinese approach to promoting a modern legal system.By comprehensively reviewing the history and reality,theory and practice,and actual and desirable aspects of Chinese modernization of the rule of law,we can summarize the Chinese approach to promoting a modern legal system.This approach containssvariouselements,including a leadership system for the rule of law with centralized and unified leadership by the Central Committee of Communist Party of China,a rule of law virtue principle of putting the people first,a functional orientation of the rule of law toward national governance,and a historical-legal consciousness that inherits fine traditional Chinese legal culture.These key elements play a prominent role and can effectively showcase the Chinese approach to promoting a modern legal system.Describing such a Chinese approach not only helps to summarize the fundamental experience of Chinese modernization of the rule of law but also showcases the Chinese logic and Chinese characteristics in this modernization process.展开更多
The Communist Party of China(CPC)has created a new path for Chinese modernization and a new form of human civilization while leading the people in advancing a great social transformation.Chinese modernization of the r...The Communist Party of China(CPC)has created a new path for Chinese modernization and a new form of human civilization while leading the people in advancing a great social transformation.Chinese modernization of the rule of law is an integral part of this new path.With a high degree of historical initiative and consciousness,the CPC has solidly grasped the basic regularity of China's legaldevelopmenttbased on actual national conditions,and has successfully pioneered,upheld,and expanded Chinese modernization of the rule of law.Legal construction during the New-Democratic Revolution hasreflected theearly exploration of Chinese modernization of the rule of law.The development of the rule of law during the period of socialist revolution and construction has laid a preliminary foundation for the formation of Chinese modernization of the rule of law.The new great social transformation of reform and opening up has further promoted such modernization.The construction of a law-based China in the new era of socialism with Chinese characteristics marks a further expansion and deepening of modernization.Therefore,Chinese modernization of the rule of law is rooted in the Chinese land,conforms to the characteristics of China,and draws on the excellent achievements of the world's legal civilization.It encapsulates profoundhistorical,theoretical,and practical logic,and has created a new model of modernization of the rule of law in a civilized society.展开更多
The contemporary construction of Chinese international law discourse, on the one hand, ought to precisely, systematically and completely express and communicate fundamental principles, main regimes and substantial fea...The contemporary construction of Chinese international law discourse, on the one hand, ought to precisely, systematically and completely express and communicate fundamental principles, main regimes and substantial features of international law as well as core values, basic conceptions, key terms, mainstream theories or doctrines and representative views gradually established and developed in the study of international law; on the other hand, it should fully and in a timely way manifest China's creative contributions to international law and its discipline and discourse. The framework of contemporary Chinese international law discourse should take "building a harmonious world" as the guiding rationale; thoroughly cover the four basic dimensions of the international rule of law and Chinese foreign policy and its practice, namely domestic, multilateral, regional and bilateral; coincide with, follow and respect those rules, natural laws and tendencies such as fundamental rules governing international relations, globalization, multilateralism, regional integration and regionalism, the international community's obligations (or rights) and China's needs for peaceful development. It should orient its basic functions toward promoting the continuous development and wide application of contemporary international law as well as its teaching, study and dissemination, stimulating the progress of the rule of law in China, protecting Chinese interests, especially those core national interests, and strengthening China's international image and status as a responsible big country.展开更多
基金2022 International Chinese Education Research Project of Center for Language Education and Cooperation“Survey and Case Analysis on the Development Status of‘Chinese+Vocational Education’in Thailand”(22YH54C)。
文摘This article details the distinctive progress in Thailand’s“Chinese+Law”sector.It then examines the development of related teaching resources,culminating in three key conclusions:(1)The integration of“Chinese”and“Law”in Thai vocational education is insufficient;(2)Teaching resources for“Chinese+Law”in Thailand are scarce and of subpar quality.Presently,there are only print textbooks available,with no accompanying digital or multimedia resources developed;(3)The optimal approach for“Chinese+Law”teaching materials in Thailand should involve collaborative efforts between Chinese and Thai experts.
基金Peking University Shenzhen Graduate School, ChinaPeking University School of Transnational Law, China
文摘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.
文摘This chapter examines the Chinese practice of delivery of the cargo without presentation of the bill of lading and the law and regulations governing that practice, and in the gaps left by laws and regulations, the approach established by the legal authorities and maritime courts. The necessities and causes for this risky action and possible suggestions will be considered, as will the approach of statute and judiciary. Potential and desirable reform will be discussed in light of the Rotterdam Rules. It is concluded that in order to facilitate cargo delivery, there would be a need to provide detailed legal guidance applicable to the many situations where the requisite documentation has failed to materialise.
文摘What hinders the way of Chinese to be an English master? The issue has been puzzling language learners for many years. This paper, by discussing some similarities and diversities between English and Chinese, offers an approach to understand the two languages in full length. A brief analysis about the features of English and Chinese by way of linguistics, cultural comparison, and cognition shows that in learning English or Chinese, one should follow its rules and laws, and figure out its corresponding expressions under the condition that the tone, the attitude, the stress of the text are greatly emphasized and taken into consideration. Bewar.e of these laws between the two languages will make learning easier. Meanwhile, this paper also offers a translation tip differences and awareness after the discussion of each topic about the features of English and Chinese as regarding they may serve as some useful tips in translation.
基金Based on Th17/Treg immune network,the mechanism of action and clinical efficacy evaluation of Fuyang Huoxue Jiedu Decoction against recurrence of ulcerative colitis were studied。
文摘Ulcerative colitis is a kind of inflammatory bowel disease.The disease is slow and easy to relapse.Western medicine treatment mainly focuses on symptomatic treatment,which has certain side effects on liver and kidney function.Ulcerative colitis has unique advantages in disease,so by studying a large amount of information,mainly from the law of traditional Chinese medicine use of UC,and a brief summary of the treatment of TCM syndromes,this article provide s ideas and basis for clinical diagnosis and treatment of the disease.
文摘Teaching and research on human rights law are not purely academic, in that after graduation law students are expected to be .judges, prosetutors, lawyers and government officials who, in one way or another, will be obliged to respect human rights.
文摘Xl Jinping: The Governance of China, a collection of Chinese President Xi Jinping's speeches and insights, pro- vides readers with valuable information about the Chinese leader and the future of China. The nearly 500-page volume contains about 80 speeches, interviews, instructions and correspondence.
文摘It is very timely and necessary for us to hold this seminar in the beautiful Suzhou Campus of Renmin University of China to deeply study and implement the decisions of the Fourth Plenary Session of the 18th Communist Party of China(CPC)Central Committee,push forward the construction of China’s rule of law and jointly discuss the development of China’s human rights cause.
文摘There are so many different opinions on whether the autonomy of will is applied in labor contract.In this paper,the author discusses the application and limitation of autonomy of will in labor contract,and puts forward some suggestions on the application of Article 43 of Law of the Application of Law for Foreign-related Civil Relationships after the introduction of Chinese legislation of the applicable law of labor contract.Autonomy of will is a useful principle in resolving disputes arising from foreign-related labor contract in China.
文摘US President George W. Bush, in an effort to restore public confidence in the financial market, signed into law on July 30 the Public Company Accounting Reform and Investor Protection Act. The law allows for stiffer penalties to be imposed on anyone caught committing corporate and/or accounting fraud.
文摘1. Introduction The role of law and human rights in Chinese traditional culture seem to be a real conundrum with misunderstanding and controversies. Some Western politicians and scholars who did not probably delve into and equip with related knowledge were apt to take an adverse stand. For example, Chris Pat-
文摘Constructing the Chinese self-independent knowledge system of legal science is a great project to adapt Marxist legal science to the Chinese context and the needs of our times in the new era, a profound revolution in the field of legal science, a precursor and foundation for constructing a system of legal science with Chinese characteristics, an urgent need to train high-quality legal talents with both virtues and talents, and an inevitable requirement for promoting the Chinese path to the modernization of the rule of law. To carry out such a systematic project, it is imperative to focus on the seven basic principles and scientific methods that include adhering to the ideological guidance of XI Jinping Thought on the Rule of Law. The theory of the system of socialist rule of law with Chinese characteristics, which is the cornerstone for the development of the Chinese self-independent knowledge system of legal science, has provided a necessary and much-needed theoretical paradigm for the development of the Chinese self independent knowledge system of legal science, has led to the innovative development of legal theory with Chinese characteristics in the new era, and will continue to do it.
基金funded by the National Social Science Fund of China,“The Research on the Philosophical and Economic Basis of Chinese Private Law”(14CFX006)
文摘The pursuit of economic efficiency is the major driver for the birth of contemporary Chinese civil law.Contemporary civil law scholarship has demonstrated a serious concern for efficiency from the very beginning.However,many examples suggest that the notion of economic efficiency is often diluted or replaced by factors like civil law doctrinal scholasticism,moral notions,inertial thinking of the planned economy or the will of the leader.It has not been systematically attended to or expressed in a detailed and precise way in the contemporary civil law scholarship in China,rendering some economic judgments uneconomical.In the 21 st century,it is necessary for the civil law studies to establish a clearer and more precise notion of efficiency,to conduct more direct and accurate evaluations on civil laws’incentives on people’s behaviors and their socio-economic effects,so as to reduce the cost of social interactions and promote deeper cooperation and winwin outcome among individuals.
基金This research was funded by Sichuan Medical Health Legal Research Center Project(grant number:YF21-Q06)Anhui Law and Social Security Research Center Project(grant number:fzsh2021cx-17)National Social Science Foundation Project“Comparative Study on Public Health Legislation”(grant number:20CFX016).
文摘Evidence-based medicine(EBM)is recognized as one of the highest-quality scientific approaches in the medical community around the globe.It calls for doctors to use the best available scientific evidence in clinical decision-making.This paper used an empirical study on 44 EBM related judicial cases in China,the result shows the EBM is commonly used as a supplement to the expert opinion in actual judicial review,it is deemed to illuminate the causation in the case fact rather than as the standards of care,which has the similar characteristics as"documentary evidence",and over the years the Chinese judicial practice formed a"three-stage"judicial review rule on EBM:(1)the first stage is whether the evidence itself can meet the standards of EBM;(2)the second stage is when determining the evidence presented by parties is sufficient to meet the legal standards of EBM,and whether it can be applied in a court case would depend upon comprehensive consideration of adaptability and maturity of EBM;(3)the third stage is whether to treat EBM as the only basis in causation analysis.
文摘Legal practices from ancient to modern times have shown that law is closely related to language and writing.To compensate for the inherent uncertainty of language and writing,current laws use relatively sophisticated textual expression structures.Most of the lofty slogans and principles introduced from the West is nothing but a vain name and brings substantial harm.The concepts,systems,legislative techniques,and legal texts of traditional law have specific critical and reference significance for today’s legislation.It is especially significant for us to be vigilant about the reflection of traditional law on legal modesty.
基金a phased achievement of the Philosophy and Social Science Major Project of the Ministry of Education of China in 2022,"Studies on the Practices for Building a Chinese-Style Socialist Rule of Law System and Developing the Comprehensive Rule of Law"(2022JZDZ002).
文摘One of the significant theoretical contributions of the Report to the 20th National Congress of the Communist Party of China(CPC)is a well-conceived systematic Chinese modernization theory,which is developed based on the profound summarization of the successful experience of Chinese modernization,and on the modernization theories of China and other countries.Chinese modernization of the rule of law,a section of the lawbased Chinese modernization,focuses on the subject of rule of law.Breaking the myth of Western centralism,it creates a new model of modernization of the rule of law and produces a revolutionary effect on the modernization of the rule of law modernization in the world.It presents distinctive Chinese features and Chinese vision.Led by the CPC,it is an independent exploration,people-centered,organized,and planned,and has lofty value goals.Driven by modern science and technology forworld peace and development,the principal task of Chinese modernization of the rule of law is to create a system of socialist rule of law with Chinese characteristics and a new form of human advancement of the rule of law.Its great mission is to build China into a modern socialist country in all respects under the rule of law,ensuring that the rule of law runs through all areas and aspects of national governance and construction,so that building China into a great modern socialist country with the high-quality rule of law can be guaranteed.
文摘The essence of Chinese modernization of the rule of law is to promote a modern legal system in China.The approach to Chinese modernization of the rule of law refers to the Chinese approach to promoting a modern legal system.By comprehensively reviewing the history and reality,theory and practice,and actual and desirable aspects of Chinese modernization of the rule of law,we can summarize the Chinese approach to promoting a modern legal system.This approach containssvariouselements,including a leadership system for the rule of law with centralized and unified leadership by the Central Committee of Communist Party of China,a rule of law virtue principle of putting the people first,a functional orientation of the rule of law toward national governance,and a historical-legal consciousness that inherits fine traditional Chinese legal culture.These key elements play a prominent role and can effectively showcase the Chinese approach to promoting a modern legal system.Describing such a Chinese approach not only helps to summarize the fundamental experience of Chinese modernization of the rule of law but also showcases the Chinese logic and Chinese characteristics in this modernization process.
基金a phased achievement of a Major Bidding Project"Research on XI Jinping Thought on the Rule of Law"(20&ZD004),funded by the National Social Science Foundation of China.
文摘The Communist Party of China(CPC)has created a new path for Chinese modernization and a new form of human civilization while leading the people in advancing a great social transformation.Chinese modernization of the rule of law is an integral part of this new path.With a high degree of historical initiative and consciousness,the CPC has solidly grasped the basic regularity of China's legaldevelopmenttbased on actual national conditions,and has successfully pioneered,upheld,and expanded Chinese modernization of the rule of law.Legal construction during the New-Democratic Revolution hasreflected theearly exploration of Chinese modernization of the rule of law.The development of the rule of law during the period of socialist revolution and construction has laid a preliminary foundation for the formation of Chinese modernization of the rule of law.The new great social transformation of reform and opening up has further promoted such modernization.The construction of a law-based China in the new era of socialism with Chinese characteristics marks a further expansion and deepening of modernization.Therefore,Chinese modernization of the rule of law is rooted in the Chinese land,conforms to the characteristics of China,and draws on the excellent achievements of the world's legal civilization.It encapsulates profoundhistorical,theoretical,and practical logic,and has created a new model of modernization of the rule of law in a civilized society.
文摘The contemporary construction of Chinese international law discourse, on the one hand, ought to precisely, systematically and completely express and communicate fundamental principles, main regimes and substantial features of international law as well as core values, basic conceptions, key terms, mainstream theories or doctrines and representative views gradually established and developed in the study of international law; on the other hand, it should fully and in a timely way manifest China's creative contributions to international law and its discipline and discourse. The framework of contemporary Chinese international law discourse should take "building a harmonious world" as the guiding rationale; thoroughly cover the four basic dimensions of the international rule of law and Chinese foreign policy and its practice, namely domestic, multilateral, regional and bilateral; coincide with, follow and respect those rules, natural laws and tendencies such as fundamental rules governing international relations, globalization, multilateralism, regional integration and regionalism, the international community's obligations (or rights) and China's needs for peaceful development. It should orient its basic functions toward promoting the continuous development and wide application of contemporary international law as well as its teaching, study and dissemination, stimulating the progress of the rule of law in China, protecting Chinese interests, especially those core national interests, and strengthening China's international image and status as a responsible big country.