Exploring Paths for Substantive Settlement of Administrative Disputes:An Empirical Analysis Based on Practice in Weiyuan County,Sichuan Province

As an effective means of addressing social contradictions,the substantive settlement of administrative disputes refers to the timely,impartial,and effective handling of such disputes.It embodies the essence of the modern governance system enabled by the principles and methodologies of the rule of law.Administrative reconsideration,the main channel for settling administrative disputes,is an inevitable consequence of its effective role in settling such disputes.The efficient adjudication of administrative litigation is an indispensable prerequisite for achieving the substantive settlement of administrative disputes,while the diverse approaches employed in settling these disputes contribute to achieving source governance of such disputes.Along with the efficient adjudication of administrative litigation and the multiple approaches to settling administrative disputes,the effectiveness of administrative reconsideration decisions constitutes a comprehensive system that ensures the substantive settlement of administrative disputes.

Influence and Suggestions on Trial Implementation Measures for Early Settlement Mechanism of Drug Patent Disputes

Objective To study the core contents of the“Implementation Measures for Early Settlement Mechanism of Drug Patent Disputes(Trial)”in China,and to clarify the concerns for enterprises in future work.Methods A comprehensive review of the literature was used to find out the key regulations for detailed decomposition and analysis.Results and Conclusion By analyzing the key clauses of China’s“Implementation Measures for Early Settlement Mechanism of Drug Patent Disputes(Trial)”,some practical countermeasures and suggestions are put forward for related research and development(R&D)innovation and drug declaration of enterprises.

Analysis on Causes of Rural Land Expropriation Disputes Based on Smith's Model

Frequent occurrence of land expropriation disputes in rural areas of China has attracted attention of scholars to study causes. Most existing studies discuss causes from " structure- institution" level. In other words,land expropriation disputes are caused by existing imperfect institutions,regulations,and policies. Such analysis model points institutional causes,but pays little attention to policy implementation process,especially the subjective initiative of parties concerned. This paper described a decade-long land expropriation dispute case in detail.Through description of event and process and survey of reasons of actors,it revealed factors resulting in occurrence and upgrade of dispute,and analyzed factors and their interactions with the aid of Smith Process Model.

Disputes over Circulation of Rural Land Contractual Management Right and Control Countermeasures

On the basis of current situations of disputes over rural land contractual management right,this paper analyzes causes of disputes from four aspects. It states that controlling disputes,regulating and strengthening land circulation in accordance with laws are core works of new socialist countryside construction and rural reform. Finally,it presents five control countermeasures,including improving laws and regulations on circulation of rural land contractual management right,strengthening popularization and guidance of relevant laws and regulations,government departments administering in accordance with laws,stressing management of land contractual management right circulation contract,and establishing and perfecting land circulation intermediaries to realize market-oriented circulation.

Institute of International Disputes Prevention and Settlement Unveiled

The Institute of International Disputes Prevention and Settlement(IIDPS)was unveiled in Beijing on May 24.Co-hosted by the CCPIT and Beijing Institute of Technology.A relevant thematic reporting meeting was also held.The two sides signed an agreement on jointly constructing the IIDPS,unveiled the plaque of the IIDPS,and issued certificates of appointment to Chinese experts from the IIDPS Expert Advisory Committee.

Reconciliation of Overseas Economic and Trade Disputes in China

In case a dispute arises during economicand trade activities or invested enterprisesin China,reconciliation is one way toresolve problems,in addition to arbitrationand law suit. Reconciliation has the advantage ofbeing easy,time-,energy- and money-conserving and harmony preserving,andreconciliation through mutual understandingand mutual compromise can be reached onthe basis of respecting the opinions of

A Study on the Building of an Online Arbitration Mechanism for Settling Trade Disputes Along the Belt and Road

As trade disputes along the Belt and Road keep increasing, how to properly address these disputes has become a focus in the Chinese legal community. At present, when it comes to the settlement of trade disputes along the Belt and Road, both traditional litigation and arbitration are faced with many legal and realistic challenges brought about by the complicated situations along the Belt and Road. Given this, building an online arbitration mechanism for settling trade disputes along the Belt and Road in the context of the Internet economy has been proposed. Traditional litigation is faced with a range of laws from different states, as well as the impact of huge differences in the national political systems, economic strengths and legal cultures regarding specific cases. An online arbitration mechanism may be capable of effectively mitigating the laws of the various states and the impact of the differences between them. Additionally, applying "virtual space" to arbitration is in line with the Internet economy's intrinsic need for higher speed and efficiency. Building an online arbitration mechanism for settling trade disputes along the Belt and Road is also a crucial manifestation of diversifying dispute settlement mechanisms.

How Can Commodity Quality Be Ensured and Relevant Disputes Be Settled?

China,the big factory offering various commodities to companies and individuals all over the world,is attracting more and more merchants purchasing goods in various ways,through agents,on site,via modern communication,etc.One essential concern of these merchants is the quality of these commodities.How can the commodity quality be ensured?If there are

A Securitization-Perspective Analysis of Water Disputes in the Jordan River Basin

Severe water shortage and uneven water distribution plague countries in the Middle East, especially the Jordan River Basin. As a strategic resource with competitive political nature, water resources are closely related to national security, and become the core resource arena that countries along the river basin compete for. This study argues that under the combined effect of the natural factors of water shortage, the geographical factors of uneven distribution of rivers across boundaries, and the subjective factors of water politics (the unfair setting of rules for water allocation), water disputes in the Middle East have become obstacles to regional peace, and the serious uneven distribution of water is the root cause of regional water disputes. Neither the historical water conflicts nor the existing water cooperation framework has solved the problem of balanced water distribution, which makes the people in basin countries directly face the crisis of survival rights and national security, and lays the fuse for the outbreak of regional water disputes and even future water wars. This study proposes the concept and analytical framework of “water securitization” based on securitization theory, and applies it to the Jordan River Basin, to analyze the reasons for the uneven distribution of water resources in the Middle East. The power-dominant state with asymmetric power in the river basin obtains the status of water hegemony by securitizing water, realizing the self-interested distribution of water resources, whichleads to the uneven distribution of water resources, and ultimately leads to the outbreak of conflicts and disputes. Specifically, it mainly adopts three mechanisms of discursive securitization, operational securitization, and institutional securitization. Looking to the future, it is difficult to successfully resolve water disputes in the Middle East in the short term, and a “de-securitization” approach is particularly important in resolving water disputes and easing regional security tension. Only by adopting a multi-field joint strategy can it provide the possibility to effectively resolve water disputes in the Jordan River Basin.

>Problems and Countermeasures of Collective Land Ownership Disputes in Beijing

In 2010, No.1 document of central government demanded strengthening mediation and settlement of ownership of rural collective land, to complete confirmation of right and registration and issue of certificate of rural collective land in 3 years. However, the mediation and settlement of land ownership in China still remain at starting stage, and there are many problems in both theory and practice. In this situation, this paper summarizes current situations of disputes about ownership of collective land in Beijing, analyzes causes of disputes, introduces existing working mechanism, methods and problems of dispute mediation and settlement, and finally presents feasible recommendations, in the hope of providing guidance for mediation and settlement of land ownership disputes.

Marked Effect in Handling Patent Disputes by China's Patent Administrative Organs

In handling patent disputes, China observes an operational method of mutual cooperation and coordination through two channels: judicial adjudication and administrative settlement. Over the past decade, practice has proved that the specific way of handling patent disputes by patent administrative organs has played an important role in the prompt resolu tion of patent disputes, protecting the legitimate rights and interests of patent-

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.

Small Islands Create Big Disputes

The Japanese Government＇s move to ＂purchase＂ the disputed Diaoyu Islands fuels tensions between China and Japan

Human Rights Protection and Defusing Public Disputes

The concept of human rights has already become the shared value of the majority of countries in the international community. However, realization of human rights is decided not only by lofty ideals but also pragmatic values. That is, can human rights be used for solving major issues of society？ With regard to the pragmatic value of human rights, the relationship between human rights and defusing public disputes is one of the questions debated by academic researchers and practitioners. Their focus is whether human rights protection helps in defusing public disputes.