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 systemat...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.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
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 f...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.展开更多
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 a...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展开更多
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...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。展开更多
This paper intends to critically review some of the challenges rooted in Aruba’s civil law legal heritage in stimulating a post-corona economic recovery which should ideally be driven towards economic diversification...This paper intends to critically review some of the challenges rooted in Aruba’s civil law legal heritage in stimulating a post-corona economic recovery which should ideally be driven towards economic diversification.It also seeks to contextualize the effect of Aruba’s civil law system on economic growth compared to other Caribbean states with similar size,population,and tourism dependency but with legal systems rooted in the common law.This paper’s methodological approach is meta-analytical and includes a critique of the labor laws as well as the substantive role of the state in driving economic performance that is a normative feature in some civil law states.It posits that Aruba’s economic responsiveness,to the coronavirus should consider legal origins as a factor that limits its capacity and capability to execute an effective restructuring of tired economic paradigms and introduce new economic models that would challenge its mono-economic status.展开更多
The modernization path of the Chinese rule of law reflects the glorious process of the Communist Party of China(CPC)’s continuous exploration of the rule of law development.It has created a new form of rule of law ci...The modernization path of the Chinese rule of law reflects the glorious process of the Communist Party of China(CPC)’s continuous exploration of the rule of law development.It has created a new form of rule of law civilization for humanity,one that has not only profoundly changed China but is also deeply influencing the world historical process.Under the leadership of the CPC,the Chinese people have achieved the innovation of legal mechanisms,text,and discourse in their century-long endeavor for the rule of law.This highlights the distinctive features of the Chinese rule of law civilization.The innovation of legal mechanisms is the foundation of the modernization of the Chinese rule of law,indicating that through the Party’s century-long endeavor for the rule of law,a legal leadership mechanism has been formed,in which the Party exercises overall leadership and coordinates the efforts of all sides;the innovation of legal text is the manifestation of modernization of the Chinese rule of law,indicating that through the Party’s century-long endeavor for the rule of law,the socialist legal system with Chinese characteristics is gradually moving toward a new stage of codification in which the promulgation and implementation of the Civil Code of the People’s Republic of China is a milestone;and the innovation of legal discourse is the core of modernization of the Chinese rule of law,indicating that through the Party’s century-long endeavor for the rule of law,the continuous refinement of the Chinese legal discourse system is playing a key role in providing theoretical support and legal reasoning.展开更多
基金This article is the phased achievement of the National Social Science Fund Project:“Research on the Legislation on Personality Rights”(18ZDA143).
文摘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.
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.
文摘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.
基金the phased achievement of the Ministry of Education’s 2015 major research project"Research on Human Rights Views and Human Rights Theory with Chinese Characteristics"(Project Number:15JZD007)
文摘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
文摘美国在以《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。
文摘This paper intends to critically review some of the challenges rooted in Aruba’s civil law legal heritage in stimulating a post-corona economic recovery which should ideally be driven towards economic diversification.It also seeks to contextualize the effect of Aruba’s civil law system on economic growth compared to other Caribbean states with similar size,population,and tourism dependency but with legal systems rooted in the common law.This paper’s methodological approach is meta-analytical and includes a critique of the labor laws as well as the substantive role of the state in driving economic performance that is a normative feature in some civil law states.It posits that Aruba’s economic responsiveness,to the coronavirus should consider legal origins as a factor that limits its capacity and capability to execute an effective restructuring of tired economic paradigms and introduce new economic models that would challenge its mono-economic status.
文摘The modernization path of the Chinese rule of law reflects the glorious process of the Communist Party of China(CPC)’s continuous exploration of the rule of law development.It has created a new form of rule of law civilization for humanity,one that has not only profoundly changed China but is also deeply influencing the world historical process.Under the leadership of the CPC,the Chinese people have achieved the innovation of legal mechanisms,text,and discourse in their century-long endeavor for the rule of law.This highlights the distinctive features of the Chinese rule of law civilization.The innovation of legal mechanisms is the foundation of the modernization of the Chinese rule of law,indicating that through the Party’s century-long endeavor for the rule of law,a legal leadership mechanism has been formed,in which the Party exercises overall leadership and coordinates the efforts of all sides;the innovation of legal text is the manifestation of modernization of the Chinese rule of law,indicating that through the Party’s century-long endeavor for the rule of law,the socialist legal system with Chinese characteristics is gradually moving toward a new stage of codification in which the promulgation and implementation of the Civil Code of the People’s Republic of China is a milestone;and the innovation of legal discourse is the core of modernization of the Chinese rule of law,indicating that through the Party’s century-long endeavor for the rule of law,the continuous refinement of the Chinese legal discourse system is playing a key role in providing theoretical support and legal reasoning.