General Provisions of the Civil Law and Commercial Legislation: Consensus, Problems and Options——Taking Commercial Agency as an Example

In the context of the codification of China's Civil Code, the academic consensus has been to make commercial legislation systematic and establish commercial norms with proper legislative expression. Many direct and indirect commercial norms in General Provisions of the Civil Law provide evidence that civil law has been turned into commercial law. However, a general overview shows that the absence of related norms, including agency in duty, reveals that General Provisions of the Civil Law is lacking commercial law's characteristics. In addition to the Civil Code, using General Rules of Commercial Law is a relatively reasonable choice for commercial legislative arrangements, such as norms in relation to agency in duty. Taking commercial agency as an example, legislators should adopt problem-oriented and limited systematic patterns of "residue law" instead of unified patterns of codification.

How does the Civil Code Process the Civil and Commercial Relations According to the Insurance Law

The relationship between the civil law and commercial law is a long-standing issue of controversy in the area of private law, and it is also an issue of unavoidably legislative selection during the codification the civil code in almost every country. Since the founding of the People Republic of China, China has carried out the codification of civil code for four times, and since the part^s eighteen plenary session officially proposed the ＇codification of civil code＇, the issue of the civil and conmaercial relation draws the attention again, either unification or division of civil and commercial law directly affects the system and content of the civil code, and affects how to process the relationship between the civil law and commercial law during the codification of the civil code as well. The codification of the civil code should not only consider the legislative tradition of the civil and commercial legislation and the current legal system, but also pursue characteristics of the commercial law, in a system of combining civil and commercial law, through adding commercial law into the general principle of civil law; the existing commercial law should be separately retained.

The Notion of Efficiency in China’s Civil Law Scholarship

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.

On the Commercial Bank Law

The Commercial Bank Law of the People’s Republic of China, adopted by the Standing Committee of the National People’s Congress, came into effect on July 1. As a major event in the financial sector, the law has captured attention worldwide. Mr. Ying Jieyan, Vice-governor of the People’s Bank of China, recently gave an introduction to the law.

Research on the Operation Mechanism of Claim in Civil Procedure Law and the Applications on Court Trial Way Reform

In this paper, we conduct research on the operation mechanism of claim in civil procedure law and the applications on the court trial way reform. The ultimate goal of the rule of law lies in identifying and protecting the rights of citizens. Way to protect the rights of citizens is diverse, but the judicial relief is the most basic and important form of insurance. Everyone can “into” the court and get the impartiality of the judicial relief, is a measure of a country judicial level height and the rule of law implementation degree of important yardstick. Judicial system and judicial procedure to build and build a better, if the subject of litigation rights are not being met and the safeguard, can’t get through the door and it is the legislators and legal scholars over the many efforts are meaningless, under this basic condition, we propose the new perspective on the corresponding issues that is necessary.

On China’s Civil Law Codification and the Development of China’s Civil Law Scholarship

The development of the theoretical system of civil law scholarship and the codification of civil law are closely related and of promotional function to each other.The codification of civil law can promote the systematization of civil law scholarship,perfection of the value system,development and modernization of civil law studies,and the systematization of legal hermeneutics.The subjectivity of China’s civil law scholarship,i.e.,the notions of problem-orientation,nativeness,practice,the times and innovations,can be improved during China’s civil law codification.The codification of civil law can promote the development of a theoretical system of civil law scholarship with Chinese characteristics,including the development of diversified elements such as values,content,system,hermeneutics and methods of civil law.

A SUMMARY OF THE CIVIL AVIATION LAW

Early in 1979,China beganconsidering the drawing up of alaw to govern and standardize theactivities of its civil air operations. At that time,air legislation wassomething nonexistent in China.Thedraft team assembled forces totranslate the air laws of various foreigncountries,including the United States,Britain,Japan and the former SovietUnion,and the relevant internationalconventions,and conducted a deep-going study of them.They also madeinspection tours of the United States,Canada,Britain and Germany.Onthe basis of the study of and withreference to the advanced legislativepractices in foreign countries,thedraft team put forward its first draft ofthe air law in July 1983,in accordancewith the actual conditions of thecountry.It was not,however,submitted to an executive meetingof the State Council for examinationand discussion because a series ofmajor problems such as air trafficcontrol and the control over theairworthiness of aircraft,had to befurther investigated and studied.

On the protection of the right of privacy of patients by the civil law

The development of China＇s medical industry is very fast, which has provided a great help for people, but in the process, there are also a lot of problems violating the privacy of the patients. Based on these circumstances, we must offer the maximum protection of the privacy of the patients. From the point of view of the civil law, the medical institutions or the medical professionals must respect the patients, and protect the patients＇ privacy, so as to build a more harmonious relationship between the doctors and the patients.

China Academy of Arbitration Law First Publishes China International Commercial Arbitration Annual Report

At the regular news press held by China Council for the Promotion of International Trade(CCPIT) held on September 22,China Academy of Arbitration Law officially published China International Commercial Arbitration Annual Report (2014).This is the first report released

美国生物安全信息披露豁免制度研究——以“Civil Beat Law Center诉CDC案”为例

美国在以《自由信息法案》为核心的信息披露制度体系中,通过衔接《公共卫生安全和生物恐怖主义预防和应对法案》,将生物安全信息披露豁免纳入政府信息披露豁免规则之中。本文基于Civil Beat Law Center诉CDC信息披露豁免案来分析美国生物安全信息披露豁免所涉法律适用、解释原则、运行方式等,试洞见其相关披露制度运行的特点和所存在的问题,以期能有助于国内相关的研究。

The Protection of the Right to Dignity in the Connection and Interaction between the Constitution and Civil Law

In the report of 19;National Congress of the Communist Party of China,General Secretary Xi Jinping said that China seeks to"accelerate development of the crime prevention and control system,combat and punish in accordance with law all illegal and criminal activities such as pornography,gambling,drug abuse,gang violence,kidnapping,and fraud,and protect people’s personal rights,property rights,and right

《民法典》视域下合伙合同解除规则的建构

合伙合同的解除,是合伙人脱离合伙关系的前提。合伙合同具有开放包容、组织化差异程度大、给付内容不确定、以信赖关系为基础的特征。合伙合同解除规则建构需要建立在确定性、效率和公平的核心逻辑基础上。实践中产生的合伙僵局,需要在《民法典》视域下,从合伙合同解除的核心价值逻辑出发,建构合伙合同法定解除、意定解除、酌定解除的规则体系加以应对,而酌定解除应以解除为原则,不解除为例外。

世界法治文明中的中国涉外法治

统筹推进国内法治和涉外法治是新时代中国法治发展的重要方向,也是习近平法治思想的重要内容。通过主张统筹推进国内法治和涉外法治,中国法治理论建设得以提升,中国法治的学科体系、学术体系、话语体系不断完善。开放发展的中国明确了国内法治和涉外法治的互动机制,将国际秩序纳入国家法治发展的大局之中,将国家法治的经验推广到国际秩序的构建进程,为中国法治的进步和世界法治文明的发展作出中国独特的贡献。在世界法治文明进步受到挫折之时,涉外法治体现了中国对于世界秩序的期待,包含了中国对于国家行为方式的期许,凸显了中国对于大国担当的允诺,落实了中国对于国家人民利益维护的主张。推进涉外法治,不仅要坚持维护国际法和国际关系基本准则地位,还要积极促进双边和多边法律合作,加强法律域外适用体系的构建,加强涉外法治理论和人才建设。

Generation method of GPS L1C codes based on quadratic reciprocity law

A new code concept is used for the L1 civil（L1C） signal of the global positioning system（GPS）.The generation of L1C codes is quite different from the generation of traditional ranging codes.Thus,it is necessary to find a method for the correct generation to pave the way for future research.L1C codes are based on only one Legendre sequence which consists of Legendre symbols.To calculate these Legendre symbols,the Euler criterion is always used to evaluate quadratic residues.However,due to the great length of L1C codes,this procedure causes overflow problems.Therefore,the quadratic reciprocity law,some related theorems and properties are introduced to solve the problems.Moreover,if the quadratic reciprocity law,some related theorems and properties are used to calculate different Legendre symbols,the combination modes may vary,which causes a complex generation process.The proposed generation method deals with this complex generation process effectively.In addition,through simulations,it is found that the autocorrelation features of obtained Legendre sequences and L1C codes are in accordance with theoretical results,which proves the correctness of the proposed method.

The Impact of Bank-Specific and Macroeconomic Factors on Non-performing Loans in Sri Lankan Commercial Banks

The main purpose of this study is to ascertain the effect of bank-specific and macroeconomic factors on non-performing loans in systemically and non-systemically important commercial banks in Sri Lanka over 10 year’s period from 2004 to 2013.Also,the study examines the impact of civil war that prevailed in the country for 30 years on the ex-post credit risk of the banking sector.The study employed panel data methodology to investigate the effect of bank-specific and macroeconomic factors on non-performing loans.Panel unit root test has been undertaken in order to test the stationary of the variables.Hausman test and Wald coefficient restriction test were used to select the appropriate model out of pooled,random,and fixed effect.A dummy variable panel regression model adopted to study the war effect,considering 2009 as the structural year.Findings revealed that return on assets as a proxy for bank efficiency has a significant negative influence,while non-interest income as a proxy for income diversity is positively correlated with non-performing loans of systemically important banks.Both real gross domestic products and lending rates were highly significant in both bank types.On contrary with literature,growth in bank branches is negatively correlated.Public banks do not account for higher level of non-performing loans compared to their private counterpart.Finally,it was identified that civil war had an effect on the level of non-performing loans in commercial banks.The research would have benefited if the analysis is carried out among classified types of loans offered by commercial banks.Future researchers should involve in identifying the most significant contributing loan type to the non-performing loans and its determinants.This study is one of the few studies which have investigated the causes of non-performing loans in the commercial banking industry in Sri Lanka.The analysis of civil war and its impact on non-performing loans is the first study of that nature to be conducted in the context.

Integrating ecological civilization concept into the environmental legal institution

Integrating the ecological civilization concept into many aspects such as environmental legislation and judicial enforcement is an important measure of constructing ecological civilization. It has three aspects. In the aspect of the legislation, we should take the ecological civilization concept into the environmental legislation in order to construct perfect environmental legislation institution, to strengthen the coordination of environmental legislation related regulations, and then to improve the operability of the environmental legislation. In the aspect of the environmental judice, we must strength the construction of environmental legal institution, promote establishing environmental courts, strength the judicial personnel construction and improve the level of environmental justice. In the aspect of the enforcement of the law, we must establish environmental management institution immediately, i.e., to establish environmental administrative law enforcement questioning mode, and to strength cooperation between environmental law enforcement and enhance their law enforcement responsibility.

Certainty,Justice and the Law of Agency in the Chinese Civil Code:A View from England

The new Chinese rules on agency do not impose broad“fiduciary”duties on agents—instead,there are a number of specific provisions designed to protect the principal against particular abuses to which it is peculiarly vulnerable in the principal/agent relationship.Chinese law,thus,deliberately refuses to follow the lead of English law,which imposes very strict and wide-ranging fiduciary duties on agents.This paper argues that this is probably wise.English law has to be seen against a matrix of a system of commercial law which was forged on the anvil of international trade and commodity supply contracts,leading to a set of rules that prefer certainty of outcomes(and the avoidance of litigation)overachieving particular justice in individual cases(such as might have been achieved by subjecting English law to an overarching“good faith”principle).English commercial law is adversarial,not cooperative.This explains why,in a relationship that is characterized by cooperation,such as the principal/agent relationship,the general rules of English commercial law are replaced by wide,justice-oriented rules.A system that is already based on cooperation,for which Chinese law is almost paradigmatic,is likely much more adept at applying the general rules to the agency relationship than English law would be.

An Empirical Analysis of the Impact of the Contract Book of the Civil Code on Labor Dispute Trial Practices:A Study of Four Hundred Judgments

Interpretation(I)of the Supreme People’s Court of Issues Concerning the Application of Law in the Trial of Labor Dispute Cases allows for the application of pertinent laws and regulations,including the Civil Code of the People’s Republic of China(hereinafter referred to as the“Civil Code”),in labor dispute cases.This has resolved the controversy over the relationship between civil law and labor law in academic and practical communities.In view of this development,we examined four hundred judicial documents,analyzing the focal points of disputes,the reasoning behind judgments,applicable laws,and judgment results.Our study identified seven impacts of the Contract Book of the Civil Code on labor dispute trial practices,exploring the underlying logic behind these changes and proposing policy suggestions to promote consistent judgments across jurisdictions,enhance judicial credibility,and encourage employers to govern enterprises in compliance with the law while empowering employees to safeguard their rights in accordance with relevant laws and regulations.

A Probe into the Issue of Socialist Rule of Law and the Reform of Legal System

The CPC Central Committee with Comrade Hu Jintao as the general secretary puts forward the new concept of socialist rule of law, which is the great ideological and theoretical achievement of China’s reform and opening up and socialist construction. From the concrete connotation, this article analyzes the formation of the socialist rule of law. The unique social and historical conditions, the progress of social civilization, the increasing public awareness of the rule of law, the pursuit and sublimation of the rule of law experience of the ruling party contributed to the establishment and development of the socialist concept of rule of law. At the same time, it is suggested that the rule of law should be popularized in the whole society, and the socialist rule of law can be transformed into the conscious action of the ruling party, state organs, social organizations and all citizens, so that the concept of socialist rule of law will truly attract and benefit the masses. The great practice of the people.

Shooting Down Civil Aircraft in the Light of Sovereignty in the Airspace

If one aims at choosing a fundamental rule of international aviation law, doubtlessly the one selected would be principle of air sovereignty. And although having been respected by international community for decades, its strict observance may paradoxically pose danger for civil aviation-a mean of transport universally concerned to be the safest in the world, Of course, States make best efforts to secure civil airplanes from attacks-beginning with prohibition of use of force arising from Charter of the United Nations finishing with provisions of Montreal Convention. Nevertheless, history of aviation has given multiple cases of shooting down aircraft, many due to conviction by States that their airspace was infringed. This paper aims at presenting an overview of principle of air sovereignty and analysis of selected aviation incidents and accidents caused by shooting down from the perspective of international law.