A Study on the Pre-legislative Evaluation System under the Deepening Reform

In the historical period of the all-round deepening reform,China has entered a new era of“deepening the practice of governing the country by law”.With the fifth amendment of the Constitution,the legislative power of local government has been further confirmed.The expansion of local legislative power has put forward new requirements for the legislative quality,and the pre-legislative evaluation system has thus come into being.The deficiency of the design of the pre-legislative evaluation system in Article 39 of The Legislative Law makes certain problems in the detailed rules of implementation,the subject of evaluation,the object of evaluation and the personnel of the pre-legislative evaluation system in China.Therefore,it is the only way to perfect the pre-legislative evaluation system in China to formulate a national pre-legislative evaluation implementation rules,define the subject of third-party evaluation,determine the scope of evaluation objects and select the suitable evaluation personnel.

The Legal Conflicts, the Legislative Vacancies and the Legislative Lags in the Chinese Environmental Legal System

The inconsistency and disharmony in China’s environmental legal system are seriously undermining the authority and effectiveness of environmental laws, making it hard to achieve the national environmental legislative goals. It is found in this study that at least 18 administrative regulations and rules conflict with the five recently-revised environmental laws. The legislative vacancy rate of province-level environmental laws reaches 27.8%, and that of city-level environmental laws in the major cities reaches 59.7%. Besides, 66% of the local including both province-level and city-level environmental laws have the problem of legislative lags, with an average lag of 2547.8 days. In addition, there are many legal conflicts between national environmental laws and local environmental laws. In order to help China to build a harmonious and unified environmental legal system, some suggestions are proposed in this study, including comprehensively examining the lower-level environmental laws, strengthening the leading role of local people’s congresses in environmental legislation, improving the construction of filing and review mechanism, and optimizing the mechanisms for information disclosure and public participation.

The Present Situation and Trend of Development of China's Legislative Disclosure System

The legislative disclosure system is one of the important parts of the amendment of the Legislation Law in 2015. This shows that the role of the legislative disclosure system in improving the quality of legislation is catching more and more attention. Apart from the Legislation Law, local regulations of provinces and municipalities have also made a positive contribution to the perfection of the legislative disclosure system, leading the Legislation Law in many specific processes and specific measures, and playing the role of legislative exploration and experimentation. To summarize the new development of the legislative disclosure system on the part of the Legislation Law and local legislative practice is of important theoretical and practical value for promoting the continued maturity and improvement of this important legislative system.

The Criminal Governance Model of Domestic Violence and Its Legislative Improvement

Domestic violence is a serious threat to the basic human rights of family members,especially victimized women.In order to effectively prevent domestic violence,the criminal law needs to respond in an appropriate and timely manner.However,the traditional criminal governance model suffers from the problem of the lagging involvement of public power.At the same time,the public-private partnership governance model,based on the personal safety protection order system stipulated in the Anti-domestic Violence Law of the People's Republic of China,is also flawed in its institutional design and specific implementation.The criminal governance model for domestic violence should be guided by the view of positive criminal law,and the governance path should be furtheroptimized from two aspects:strengthening the foundation of the public-private cooperation governance model and deepeningthe criminal-civil interface.This will help to fully protect the legitimate rights and interests of victims of domestic violence.

Research on Product Quality Law System

Product quality law refers to the combination of various economical relationships and legal norms in the process of production,circulation and administration.It combines the operation of the market with the state supervision.Studying on the legislation style will be of theoretical and practical significance.

How Behaviors and Certain Events Influence Legislative Language

Legal language is a pretty formal language.As part of legal language,legislative language has all the basic features of legal language and legislative language has an accurate,plain,solemn,rigorous style.People interprete legislative language and act in accordance with laws.On the contrary,behaviors and certain events also influence the characteristics of legislative language,even trigger some conflicts with it.Confronted with some advantaged influence,legislators have to make some compromises or change the characteristics of legislative language.However,legislators should adhere to remain represantations of laws to resist disadvantaged impacts.As a result,it is need to research how behaviors and certain events influence legislative language.

Comparison of international mine reclamation bonding systems with recommendations for China

Mine reclamation bonds are used in countries with mineral mining to ensure that reclamation of the mined area is completed. The United States, Canada, and Australia are countries with established mine reclamation bond programs, with the United States coal system having been in place since 1977. China implemented a bonding system in 1998 and by 2013 all 31 provinces had established a system. An effective bonding system must be conditioned on fair and enforceable nationwide reclamation standard, stimulate companies to conduct reclamation by forming economic incentives rather than penalties that become a liability, and allow for full public participation. Based on these principles, this paper compares seven important factors for a successful reclamation bonding system： laws and regulations, administrative authority, bond types, bond size, calculation method, bond release, and public participation. The results show variation in policies and procedures for bonding among countries. Using principles and policies primarily from the United States, China should establish a national reclamation bonding system with legislation that forms a national authority to oversee and enforce reclamation standards and bond requirements. In addition, China can expand bond financial types and strategies, set the size of reclamation bonds at the level of a third-party reclamation cost, and set unified standards for calculation. Phased bond release should be established with specific reclamation criteria for each phase of release. Finally, bonding regulations should clearly identify opportunities for full public participation in the process.

Investigation on end-of-life electric and electronic equipment recycling and disposal system in China: legislation, education and dissemination

The Chinese obsolete electric and electronic equipments (EEE) recycling and disposal system on the point of view of legislation, education and dissemination were discussed, because of the highly increasing volume of electric and electronic products and that of its obsoletes today in China. The legislations and responsibilities of go- vernment, industry and consumer were discussed based on the balance of benefit and responsibility depending on the realization of their benefits in the whole life cycle of products and its status in the whole value chain. Not only the legislation and establishment of the so called “compulsory discarding system” will be a possible and effective solution to the difficulty of the obsolete collection and recycling for obsolete electric and electronic reclaiming industry, but also the education and dissemination. Education and dissemination were discussed as an important role which will emphasize the adjusting of policy and law on the development of electric and electronic industry production and its reclaiming. The education of stockholders’ environmental responsibility and the advocating of responsibility sharing should be implement for industry and consumer. Chinese EEE industry should emphasize the control of natural source, and should implement the environmental benign design in their production, such as design for dismantling, no dismantling, thermal treatment and green design. The perspectives for the way to advocate a harmonic society for Chinese people were described.

The Challenges of Global Climate Change to Green Development and its Legislative Response

Global climate change has swept across every nation,community,business,and individual on the planet. It is essential to find a fundamental solution to address climate change from a broader perspective. Climate change legislation should followthe principle of the sustainable development,polluter pays principle,the principle of the common but differentiated responsibilities as well as the principle of subsidiarity. Under the guidance of the four basic principles of legislation,the international field should build the legal system of the global climate governance,China should formulate special"the act of addressing climate change".

Complementary and alternative medicine in European countries legislative framework

Complementary and alternative medicine(CAM)is a set of different diagnostic and therapeutic procedures,as well as the use of natural products for the treatment of patients,derived from previously known traditional methods and enriched with modern scientific knowledge.The present article reviews the available data regarding the use of CAM and the legislation behind it in European countries.The use of CAM is recorded in Europe as a whole and varies between 1070%of the population of individual European countries.At least 300,000 registered CAM providers have been identified in the European Union(EU),of which slightly more than half includes non-medical practitioners.The most practiced discipline is acupuncture,followed by homeopathy.CAM regulation and legislation in Europe is not precisely defined and is constantly striving to find a common approach.Since legal frameworks for CAM are not defined,each European country has its own regulations and legislation.In order to define universal legislation for CAM,the EU created the CAMbrella project,a project of the EU designed to find a unique system that would include the treatment of CAM in Europe.According to the data from CAMbrella,from 39 countries in the EU,17 have general CAM legislations.The status of CAM in Europe is characterized by enormous heterogeneity in all aspects,including terminology,methods,prevalence and ultimately,legal status,regulations and legislation.

On the Legislative Process of the Right to Be Forgotten

In the big data era,the pursuit of the right to be forgotten arises from the data subject’s desire to request the removal of his/her personal data.Although the right to be forgotten is hotly debated at the global level,there is a paucity of research into the legislative process of this right.This study aims to scrutinize how legislation on the right to be forgotten evolves in different countries.First,the origin and development of the right to be forgotten are expounded by analyzing the legislation on and the major legislative interpretation of the right.Second,the elements of this right are determined and examined by dissecting the right.Last but not least,the nature of this right is probed into and illustrated.It is found that the soundness of a legal framework for data protection varies from country to country,which indicates that the institutional basis for the right to be forgotten differs markedly.Thereby,countries shall decide whether to legislate to protect the right to be forgotten based on their practicalities.Moreover,according to Article 17 of the General Data Protection Regulation(GDPR),the right to be forgotten is composed of the subject of right(data subject),the subject of obligation(data controller),the object of right(personal data),and the content of right(all links to the personal data,etc.,must be deleted by the subject of obligation at the request of the subject of right).Furthermore,there are three typical views about the nature of this right based on scholars’divergent opinions on the relationship among the right to be forgotten,personality rights,rights in personal information,and the right to privacy.It is concluded that countries that do not enjoy mature legislative conditions should not grant the right to be forgotten legal status,although it has been enshrined in law by partial countries with sound legal systems.In addition,the defects in the right’s four elements remain to be remedied before it could be legally acknowledged.Finally,the right to be forgotten,in terms of its nature,should be classified as rights in personal information,which are part of personality rights.

Legislative Countermeasures for Preventing and Controlling Water Pollution in Water-deficient Regions

The shortage of water resources is severe in Beijing. The shortage of eco-environmental water and the sewage discharge over the environmental capacity are main bottlenecks that restrict the improvement of water environment. The reuse of wastewater could not only reduce the discharge of pollutants,but it could also increase the consumption of eco-environmental water. Therefore the reuse of wastewater is an important approach to improve the water environmental quality. Combined with the formulation process of Regulations of Beijing on Prevention and Control of Water Pollution,the current situations of prevention and control of water pollution in Beijing,the discharge of pollutant,water environmental quality,the population and economic development and water resources and so on were analyzed. And the bottlenecks that restricted the improvement of water environmental quality were found. And the necessity of solving the control of water pollution by reusing the wastewater and ensuring the consumption of eco-environmental water was analyzed from the perspective of the control of water pollution. And some legislative countermeasures were put forward,which provided new ideas for solving the problem of the prevention and control of water pollution and improving the water environmental quality. It was of important reference values for local governments（ especially water-deficient regions） to make relative polices or plans of water pollution control and water environmental protection.

Rethinking of the Chinese Approach to Physician Apology Legislation: From the Legislative Dilemma of Transplantation

Physician apology legislation has gradually become a new legislative measure to resolve medical conflicts and repair doctor-patient relationship in many countries outside the region. In almost all cases using voice, to calm analysis found that the legislation of our country doctors apologize transplantation may face an apology from responsibility way to large span, dispute resolution mechanism from the free will to the legislative mandate disorders significantly, from general to special legislation difficulties facing a predicament, and make an apology may make doctors in passive in the moral, intensifies the doctor-patient conflicts, etc. In order to resolve the dilemma and establish a physician apology system adapted to China’s national conditions, we should weaken the concept of apology liability through education, incorporate the elements of apology into the mediation mechanism of medical disputes, take the regulations on prevention and handling of medical disputes as a legislative breakthrough, and widely implement the patient safety system.

Legislative Impact on Significance of RES in the Latvian Energy Market

Latvia is a new European Union country, with 20-year experience in the efforts to develop the energy policy that would favour reliable supply of the state with energy and promote its effective and rational utilization. The energy law should take into consideration the technological progress and increasing energy consumption as well as the poorly regulated sphere of production and utilization. At present, new regulations are needed, as the existent ones have become outdated and unable to ensure stable development of the energy sector. However, the lack of experience and sometimes external influence could lead to a situation when the new law would not be conducive to the industrial development but vice-versa-would slow it down. Since Latvia has been confronted by counterproductive laws, it is highly important to estimate beforehand the future impact of legislation on the state economy. On issue of for the country is now to guarantee-by force of law-the optimal share of renewable energy in the national energy mix. The objective set within the framework of European Union policy is to achieve a 40% share of renewable energy by 2020; therefore, it is necessary to work out a separate law concerning the RES （renewable energy sources）. The new RES law is to regulate support and to promote increase in the share of renewable. However, there are many influencing factors--not clearly specified outlooks for the energy sector and national economy development, the interests of energy importers, lobbying, etc.; these factors can make the RES law not only ineffective but even negatively affecting the RES share stability in the state energy balance. It is therefore essential, before the law has been adopted, to thoroughly analyze it so that the optimal variant is accepted.

Analysis on the System of Compensation for Eco-environmental Damage

The eco-environmental damage compensation system is not only an important part of the central government's Overall Plan for the Reform of Ecological Civilization System and special plan,but also a blank point and weak link in the construction of eco-environmental protection system.From the construction of ecological civilization system,the fragility of ecological environment and the history of past damage,the comparative analysis of relevant laws and regulations,and the connotation of the concept of ecological environment,this paper expounds the importance,urgency and necessity of the reform of eco-environmental damage compensation system and the technical complexity of damage compensation judgment.In accordance with the local legislation and practical cases in the reform of eco-environmental damage compensation system in Shaanxi Province,this paper puts forward legislative and policy suggestions to accelerate the reform of eco-environmental damage compensation system.

Legislative Protection for Women's Rights and Interests after the Founding of the People's Republic of China

The process of legislative protection for women’s rights and interests of the new China can be divided into two phases: The first phase is from the establishment of the People’s Republic of China to the adoption of the policy of reform and opening up to the outside

Dualistic Perspective of Legislative Background Data

The charm of the legislative background data lies in its duality of being able to build a bridge between the practical field of legislation and judicature and the theoretical field of academic research. Proper application of legislative background data is an important criterion to distinguish between professionals and the public. On the application of legislative background data, from the legislative point of view, legislators need to use the conclusions and reasons of the value judgments formed around the opinions of the proponents as the basis for criticism and argumentation, reaching a minimal consensus through power; from the perspective of interpretivism, the judge needs to focus on the legislator's existing law text and legislative background information to give explanation as the basis for future amendments, reaching maximum consensus through power. On searching the legislative background data, different searching paths and methods could be exploited in the distinction between the text data recorded by the recorder and the audio-visual data recorded by the expositor. The enlightenment obtained from legislative background data should be used for the construction and perfection of the wisdom and intelligence of the court. The judges should be the ideological assistants of the legislators. The search for enlightenment from legislative background data can be conducted from three perspectives, namely cognition, arrangement, and disclosure. Therefore, legislative background data should be standardized by law.

Towards an Indigenous Social Inclusion Paradigm:Igbo Apprenticeship System,Poverty Alleviation and Wealth Creation in South-East Nigeria

This research looked at how the Igbo trade apprenticeship programme has helped lower poverty rates in that region of Nigeria.Five hypotheses were generated to test the potential existence of a causal connection between the independent and dependent variables.Using a survey methodology,a structured questionnaire was used to collect data,which was then evaluated using chi-square tests.The research found that the Igbo trade apprenticeship system contributed to lessening poverty in Nigeria’s southeast.According to the results,the method was successful in developing rich Igbo entrepreneurs and businesses,who in turn eradicated hunger,poverty,disease,and unemployment in Nigeria’s South East.The study concluded that the Nigerian government might better protect its citizens from exploitation within the Igbo trade apprenticeship system if it passed legislation to regulate,maintain,and prevent such abuse.

Approach to the Legislative Problem of the Recycling Economy in Kunming

This paper takes Kunming as an example, analyzes the reasons and advantages that Kunming badty needs to make local laws and regulations of recycling economy. Initiation and assist of the government and formulation of the corresponding laws and regulations are issues deserved to pay close attention to. Some plain suggestions for the local legislation of recycling economy are put forward.

Some Apocalypses of Legislative Model National Auditing to China

National Auditing is established to sustain the Superstructure and supervise the economic order. In this article, the relative content and basic characters of Legislative Model National Auditing will be analyzed and evaluated. Some apocalypses which are useful to the auditing reformation of our country hope to find.