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.

On the “Law and Literature” Campaign in the Chinese Context and Its Significance for the Construction of China's Legal System

"Law and literature " comes from an American radical law school of the1970 s,and it was then considered a campaign,thus the school became one of the most post-modernistic schools of thought. Due to its western theoretic background,it is necessary to interpret its context; in other words,the "Law and literature"problems shall be interpreted in the Chinese context,which can also provide much inspiration and reference for the construction of China's legal system.

Teaching Legal Englishfor Law Studentsin China:Difficultiesand Solutions

Teaching legal English for law students in China is difficult.For one thing,many Chinese law students have trouble moreor less in learning English,because the English language is not their mother tongue.For another,legal English differs a great dealfrom everyday English in many respects,including terminology,phrasing,linguistic structure,and linguistic conventions,whichmakes legal English teaching for law students in China by far harder.To solve difficulties undermining teaching legal English forlaw students in China,the author of this paper holds that in his or her actual legal English teaching,the teacher should boost lawstudents basic English teaching,expose them to cases study of specialized legal English terminology and linguistic structures andconventions.

The Methods of Constructing the Legal Support System for the Returning-home Migrant Workers' Entrepreneurship——Based on the Perspective of Economic Law

Based on the overview of concept of returning-home migrant workers' entrepreneurship,the thesis has introduced the features of migrant workers' entrepreneurship,as against other types of entrepreneurship,as follows. Starting from a low base and multi-level perspective;conducting entrepreneurship in manifold industries,mainly in those labor-intensive enterprises;conspicuous mutual interaction and reversibility are embodied in the group characteristics;the strong driving force of returning-home migrant workers' entrepreneurship comes from their affection for hometown. The process of returning-home migrant workers' entrepreneurship can be divided into three stages,namely returning rush,investing rush,and entrepreneurship rush,on which we give the analysis respectively in terms of the continuous change of social mobility,transformation on the part of the main body of entrepreneurship,and the expansion of industry field concerning entrepreneurship. More over,we have discussed the methods of constructing the legal support system for the returning-home migrant workers' entrepreneurship. Firstly,it needs institutionalization,which is the basis of constructing the legal support system for the returning-home migrant workers' entrepreneurship;secondly,it needs definite guiding ideology as the premise of constructing the legal support system for the returning-home migrant workers' entrepreneurship;thirdly,it needs the precise orientation of target group as the key of constructing the legal support system for the returning-home migrant workers' entrepreneurship;finally,appropriate support methods are the pivot of constructing the legal support system for the returning-home migrant workers' entrepreneurship.

The Bridge to a Western Confucianism:Between Legal Theory and Private Law

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.

Ethics and Law： Reassessment on the Legal Positivism

Legal system in a modern society is administered by judiciary which is due to separation of powers in a constitutional government whose role is congruent with market-based （i.e., capitalist） social formation. At the outset of modernity, an overall morality, as a social system, lacked for ordering all social relations in modern society under overdetermination of market relationships and class differentiation. Despite the fact that we may attribute moral property to the patterned relationship, there is somewhat a common character between morals and laws that both of them visibly set forth by reciprocity between individuals and social groups, which are backed by external sanctions as manifested with notion of justice, as evaluative criterion of impartiality. Thereby, the other problem is a tiny relationship or sometimes tension between social systems of morals and individual ethical virtues; even though some philosophers are willing to equate virtues, morals, and the law as squarely reducing virtues to obey the established law. As though, legal system and some morals incidentally coincide, the law cannot be evenly rely on morality in spite of presumed legitimacy by means of morals that have been overall subject matter of philosophy of law. Regarding the social structure of any capitalist society, I frankly say that law autonomously or semi-autonomously arose as a discrete depolitical power system other than system of morals which was ultimately determined by mode of production. Therefore, it relies on a convention-like social approbation, whatsoever is stably or unstably balanced with political power.

The Legally Permissible Traditional Customary Uses of Wildlife and Forests under Kenyan Law

Kenya like most of sub-Saharan Africa is reliant predominantly on agriculture and natural resources;which include land, water, minerals and fisheries, but the most dominant of which are wildlife and forestry. Unlike minerals which are by law vested in the government and can only be extracted by it and not the citizenry, wildlife and forestry are resources that the citizens may utilize in their day to day lives to meet their needs. Apart from their consumptive uses, there are also non-consumptive uses and values of wild animals and forests;such as their intrinsic ecological value as gene banks, as well as their scenic value for viewing. These are essentially conventional values and uses. They are largely formal and universal ones that are universally obtaining across the world irrespective of the levels of civilization or cultural identity, and are even compatible with modernity. Apart from these, there are some wildlife and forestry uses which are unique to the typical African way of life as part of old traditional customs that have existed from earlier times. These are what are in this paper referred to as “traditional customary uses”. These uses are largely informal, rudimentary and archaic. They are nevertheless critical in the endemic African way of life and represent the inextricable rudimentary technologically bereft relationship between the African people and their natural resources. Under the country’s existing laws, some of these uses are prohibited and criminal sanctions prescribed to enforce their proscription, hence cannot be enjoyed or practiced. There are however others that the law has either expressly allowed, or not prohibited, hence may be lawfully enjoyed or practiced. These are what this paper has referred to as the legally permissible traditional customary uses;and are the ones that are its subject. As for wildlife, in the year 1977, the Kenya Government by a Legal Notice in the Kenya Gazette imposed a ban on all forms of hunting of wildlife. The ban is still in force. This therefore means that hunting is illegal, as legal prohibition has in effect prohibited all and any form of off-take or killing of wildlife. By implication therefore, under Kenyan law, only non-consumptive uses of wildlife may be enjoyed, and not the consumptive ones. These include viewing as well as socio-cultural and spiritual uses. In Kenya therefore, the only permissible traditional customary use of wildlife is its non-consumptive use for socio-cultural and spiritual purposes;subject of course to the existing legal prohibition on witchcraft under the Witchcraft Act (Cap 67 Laws of Kenya). This piece of legislation has prohibited the practice and promotion of witchcraft. This in effect means that the socio-cultural and spiritual uses of wildlife though legally permissible, will be enjoyed, provided it is not for witchcraft purposes. With regard to forests, this author has identified the following five as their legally permissible traditional customary uses under Kenyan law: Socio-cultural and spiritual (consumptive and non-consumptive) use, other than for witchcraft;use in herbal folk medicine, other than for witchcraft;use for human food and livestock fodder;use for firewood;and use as raw material in construction and traditional craft. Notably, in Kenya, traditional customary use is subject to the existing legal prohibition on witchcraft. Further, while it is the legally permissible use category that is the focus of this paper, the author nevertheless discusses the prohibited traditional customary uses as well. This paper is based on literature survey as well as data obtained from the author’s previous research whose primary data and findings have been published in recent times. It also draws from the documented research and diverse documented views of other commentators on the subject.

Order of Precedence Between Local Laws of Cities with Subordinate Districts and Regulations of Provincial Governments Clarifying Premises for Discussion Based on the Characteristics of Laws

The lack of descriptions regarding the order of precedence between the local laws of cities with subordinate districts and the regulations of provincial governments in Legislation Law of the People's Republic of China(Legislation Law) has led to two divergent views. One holds that "the local laws of cities with subordinate districts should take precedence over the regulations of provincial governments," while the other supports the exact opposite. This is a value judgment issue in legislation. To reach a solution, we need to clarify the premises based on the characteristics of the laws in question so that a basic common ground can be established for discussion. The first premise for traditional legislation is that a law should be based on experience as well as logic; the second is that the experience of authority subjects, plus the three aspects of logic should outweigh the experience of social subjects, plus the three aspects of logic. With respect to postmodern legislation, the first premise is that experience should override logic, and the second is that the experience of the authority subject should take precedence over that of social subject, with no requirements for logical consistency. Since Legislation Law fal s into the category of postmodern legislation, according to the premises, the argument that the local laws of cities with subordinate districts should take precedence enjoys wider acceptance, but the view is logically challenged in terms of conceptual consistency, system consistency and principle consistency. More studies must be conducted to facilitate the discussion.

Legal Systems and Economic Development:The Case of Aruba Post-Coronavirus

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.

Improvement of Urban Rail Transit Laws and Regulations System in China

Legal management is the fundamental guarantee of urban rail transit management＇s benign operation; and the comprehensive legal management of urban rail transit is also the important development trend of urban rail transit in the world. This article aims to analyze the problems existing in China＇s urban rail transit legal management, to improve the corresponding laws and regulations system, and to put forward some suggestions on how to optimize the urban rail transit legal management.

Forty Years' Construction of Rule of Law and the Legalization of Human Rights Protection in China

A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand, individual rights must be protected by law On the other hand, a law-based society needs to be built so the boundaries of individual rights are clear, the exercising of those rights are regulated, conflicts between rights can be resolved through the courts, and the personal infringement of others’ rights and the overall interests of the society is prohibited by law During the 40 years of China’s ref orm and opening-up in China, the promotion of the legal protection of human rights mainly lies in three aspects: first, the important role of the rule of law plays in protecting human rights has been clarified; second, the four steps of the rule of law(scientific legislation, strict law enforcement, judicial justice and observance of the law by all Chinese citizens) have been strengthened to safeguard human rights fully and effectively; third, the Chinese human rights system under the rule of law has gradually been aligned with international norms.

NIMBY Behavior in Epidemic Prevention and Control and Its Governance from the Rule of Law

COVID-19 prevention and control is a great test of the governance system and governance capability of our country.People of all ethnic groups and regions are helping one another to fight the epidemic together under the leadership of the Communist Party of China,and demonstrate the remarkable advantages of the socialist system with Chinese characteristics.But governing NIMBY behavior in the epidemic prevention and control work by rule of law is not only an important subject to promote the modernization of national governance capacity but also upholds the rule of law to protect human rights.It s a complex system mechanism that requires emergency management and rule of law advocacy working together,the implementation of good laws and flexible law enforcement moving forward together,and legal incentives and legal sanctions used together.

Legal System Governing on Water Pollution in Iran

In the present era, water contamination represents one of the considerable environmental problems. Population growth along with ever increasing industrial developments has resulted in the contamination of most of the water resources in the world, bringing about serious problems for humans and other living organisms. According to the human life on earth depends on the way different water resources are exploited, the most important way to preserve the quality of water resources is to codify appropriate regulations and standards and develop plans for proper and principled implementation of them. Therefore, it seems to be necessary to take required actions to manage water resources optimally. In this regard, one of the most significant legal tools is the law. Following a descriptive-analytic approach, the present research aims to consider legal challenges in the context of water contamination briefly. Investigations indicate that, given the limitations in water resources, in future, water contamination will raise serious problems for the country should the solutions and measures required for tackling this issue are not well incorporated into respective regulations. As such, in order to systemize the activities within this scope, it is necessary to codify a comprehensive act about different water-related topics, so as to cover all separate and sparse pieces of regulations on water. Further, acquiring help from experts when preparing the regulations with an emphasis on the inhibitory role of penalties, roles of NGOs and culture-making in the society will contribute to the successful legal protection of the quality of water resources.

Illegal Logging and Related Trade: Who Combat It as Legal Subjects?

Issue on illegal logging and related trade is a hot topic for the international community. It has brought the negative effects to the sustainable development on global society, economy and ecology, which is also one of the main objectives of international cooperation to combat with. At present, subjects of international law play a decisive role in combating illegal logging and related trade. The subjects of international law generally refer to states, intergovernmental organizations (IGOs) and part of non-governmental organizations (NGOs), which can have an independent international legal personality, enjoy rights and assume obligations of international law. As a responsible big country of the international community and state member of intergovernmental organizations and international treaties of forest resources protection, China ought to fully perform the obligations of international law. In face of illegal logging and related trade around the world, China should rationally tackle with it, resolutely crack down on it, and finally choose the sustainable development strategy based on rule of law.

Civil Society in Traditional China: Governance and Ownership System——Evidence from Construction and Management of Public Facilities in the Qing Dynasty

This paper focuses on the bridge council and free ferry services as the private organizers of public infrastructure construction in the Qing Dynasty, uncovers the legal entity ownership system and governance model with China's native origin, and reveals the attributes and characteristics of ownership by legal entities in China's traditional era. Bridge councils and free ferry services are non-profit and non-government public-interest institutions, whose members were elected by local communities. These councils were responsible for the fundraising, construction, and long-term maintenance and operation of public facilities and infrastructure at the grassroots level. They adopted open and transparent management procedures and could coordinate cross-jurisdictional affairs and mediate disputes. They possessed independent assets such as lands and fund reserves, and such exclusive legal-entity ownership received protection from the government and under the laws. Such form of legal-entity ownership provided the institutional foundation for the development of clans, temples, charitable groups, academies of classical learning, and various associations and societies. These self-organizing groups demonstrate remarkable mobilization and organizational capabilities and institutional creativity of civil society in traditional China. They served as a link between the government and communities and played a unique and active role in maintaining social order at the grassroots level.

Coordination Mechanism of the Legal Protection of Resource Security with Its Relative Laws

The basis of the legal protection of resource security is its relative laws, which have four main characteristics, which are foundational, divergent, comprehensive and of long-term social benefits in view. The coordination mechanism of the legal protection of resource security with its relative laws meets the needs of the sustainable development of the economy, society and environment. It also facilitates and is facilitated by the modern transformation of the legal system in China, and upholds the legal system as a logically self-perfecting entity. Furthermore, this coordination bears scientific feasibility.

The Three Pillars of Sustainability Framework: Approaches for Laws and Governance

The three pillars of sustainability framework is a multidisciplinary implementation and solutions oriented approach that recognizes most successful and scalable sustainability solutions require the presence of, and are driven by, all three pillars simultaneously: 1) technology and innovation;2) laws and governance;and 3) economics and financial incentives. The three pillars framework is strategic because it often reveals or describes specific and feasible changes that advance sustainability solutions within markets and institutional settings. The section on technology discusses the crucial role that technology plays in creating new ways for doing more in our rapidly urbanizing communities by using less resources and energy inputs. The section on economics discusses problems with current conceptions of economic welfare that measure growth (flow) rather than the asset base (wealth), and explores possibilities for integrated and multidisciplinary analysis for coupled economic and social systems. The section on laws and governance considers the role of legal frameworks related to incentives, regulatory baselines, and in public policy formation, including influences and feedback effects from social norms, changing culture, and sustainability education. Technological development and engaging economic markets are at the center of our best and most rapidly deployable sustainability solutions. In that context, a specific focus is given throughout the discussion sections to the key role of laws and governance in supporting relevant, effective, and sustainable technological and economic development, as well as to highlight the crucial (often final) steps the law plays in successfully implementing new sustainability projects. As the discussions and examples (taken from Asia, the US, and Europe) demonstrate, the three pillars framework is flexible and useful in a number of contexts, as a solutions template, as an integrated planning approach, as a decision making guide, and for determining project priorities.

Moral Education, Legal Practice——Exclusive Interview with Lu Jianping, Dean of BNU Law School

BNU Law School is one of the youngest and most dynamic faculties at Beijing Normal University.Its precursor was the Law major established by the Department of Philosophy in 1995,the Department of Law established in 2002,and the Criminal Law Science Research Institute was established in 2005.It culminated in the formal establishment of BNU Law School in 2006.Although BNU Law School was established in recent time,it has made outstanding achievements in various fields.

Law, the Nigerian Economy and Corruption

Corruption has had severe negative consequences on the economic growth and development of nations all over the world especially on developing countries. It has various implications for both the developed and developing economies. Corruption hampers development and thus raises the level of poverty in any economy that finds itself entrenched in corrupt practices. Corruption creates uncertainty and risk in the growth and development potential of any country. This paper presents a review of corruption as it relates to the economic development of Nigeria. By using a theoretical method of analysis, the study reveals that corruption is Nigeria＇s biggest challenge. It is clear to every citizen that the level of corruption in the country is high because it is found in every sector of the society. In public or private sector, corrupt practices are easily observable. Corruption has been a deterrent to economic development in Nigeria. The findings show that corruption has a significant negative effect on economic growth and development. The paper examines historical connection between the law and the economy and discusses the theoretical and conceptual issues in corruption and economic development and the role of lawyers in the economy. The paper also seeks to provoke debate on the role of law in the anti-corruption crusade, strengthening the rule of law and promoting economic development. It also identifies and discusses the impact and effects of corruption on economic development in Nigeria, while proffering policy recommendations that should underpin the road to Nigeria becoming the ＂next surprise＂, on indices such as transparency, accountability, and the application of the rule of law, in dealing with corruption leading to improved consumer price index （CPI） ranking, induce investment, and foster economic growth and development.