“Running China in Accordance with the Law” Ensures Development of Human Rights

I. A Review of China＇s Judicial Protection for Human Rights To effectively protect human rights, a country needs to specify in its laws a complete series of basic rights its citizens shall enjoy. Meanwhile, the legal rights for an individual citizen would be meaningless even though such rights are prescribed in laws if, when the person＇s rights are infringed upon, he or she has no access to judicial relief. Administration of justice is the last resort, in fact the most effective, means.

Huu S. TIEU Request for FDA to Establish Regenerating Human Cells as Law on December 13, 2016 President Barack H. Obama Signed the 21st Century CURES Act into FDA Regulation and Law

Background and Aims: On November 24, 2009, Huu S. TIEU and Golden Sunrise Pharmaceutical, Inc. (Golden Sunrise) applied for the Technology and Innovation to be reviewed and evaluated by the U.S. Food and Drug Administration (FDA). In the review and evaluation, it was requested by Golden Sunrise designated the new indications for this application under Serious or Life-threatening conditions or diseases. Discussions followed with the FDA, Huu S. TIEU, and Golden Sunrise for FDA approval on new products and new indications on existing new Medical Technology and Innovation. It was agreed in Year-2015 that the FDA would take the request for new indications to the United States Congress to establish into FDA regulation and law. At that time the following was the FDA Guidance—“Emergency Use of a Test Article” is exempt from prior Institutional Review Board or Advisory Committee evaluation and approval, provided that such emergency use is reported to the Institutional Review Board within five working days after use. Expedited Institutional Review Board or Advisory Committee approval is not permitted in emergency use. There has been no funding to the authors for the writing or publication of this article. Methods: It was requested by Huu S. TIEU and Golden Sunrise in documents given to the FDA to have Serious or Life-threatening conditions or diseases indication be recognized by law. On August 08, 2015, the FDA responding to this request took the documentation produced by Golden Sunrise to the United States Congress on behalf of Golden Sunrise and Huu S. TIEU. This article encompasses the FDA regulatory method as well as the discussion and results of the establishment of the FDA and the 21st Century Cures Act. Results: On December 13, 2016, H.R.34—114th United States Congress (2015-2016) 21st Century CURES Act was signed into law by President Barack H. Obama which included the Serious or Life-threatening indication to be written into the CURES Act. In summary, the 21st Century Cures Act is a landmark piece of legislation that enjoyed broad bipartisan support in United States Congress. The main goals of the Act are impactful and should transform future cancer, neurologic, and precision medicine or drug research as well as aid individuals with mental health is intended to facilitate the prompt approval of new agents and devices, clinicians should be aware of the types of data behind an approval and take this into consideration when developing illnesses and opioid dependence. However, some of the wording within the CURES Act regarding the drug and device approval process may bring pause to health care providers including pharmacists. Although this wording and implementing care plans and counseling patients. The 21st Century Cures Act was incorporated into laws and regulations by the FDA under § 3072 of the Act grants the Commissioner of Food and Drugs the authority to appoint and set the annual rate of pay for outstanding and qualified candidates to scientific, technical, or professional positions that support the development, review, and regulation of medical products.

Experts on Protection of Workers' Right to Remuneration in Accordance With Labor Law

Adozen experts of law gathered on April 1, 2003 to share their views on protection of the workers’ right to remuneration for their work in accordance with the Labor Law of the People’s Republic of China. That took place at a seminar jointly sponsored by the Human Rights and the Beijing-based Democracy and Law magazines and the Branch of Labor and Social Security Laws of the Beijing Society of Law. Participants were from the All-China Federation of Trade Unions,

A Review of Native Hawaiian Benefits Received through the Inflation Reduction Act of 2022

On August 16th, 2022, Public Law 117-169, The Inflation Reduction Act of 2022, was signed into law by the President of the United States, Joseph R. Biden Jr. The Inflation Reduction Act of 2022 provides the Native Hawaiian community an opportunity to engage in activities of climate resilience and adaptation through making funds available to support such actions. This article provides a preliminary policy analysis of the Inflation Reduction Act of 2022 to identify the opportunities presented by this legislation that can provide ecological and cultural benefit to the Native Hawaiian community. Findings suggest policy language included in this Act is broad which emphasizes the need for the Senior Program Director of the Office of Native Hawaiian Relations, who is tasked with fund distribution, to rely upon the knowledge of the Native Hawaiian community and ecological experts to direct funds in a manner that best benefits the Native Hawaiian community.

Compromise and Change: Reconsideration on the Custody of Infants Act of 1839

The United Kingdom’s Custody of Infants Act of 1839 is generally regarded as a signature instrument for women to gain guardianship of a child, and widely considered a product of the equal rights movement launched by women in England. It has played an important role in promoting women’s equal rights and breaking patriarchal absolutism. However, there was much compromise in the legal basis for the legislation and the legal provisions, resulting in debates on the legislation that have greatly diluted the revolutionary significance of the Act. Starting with the Marxist argument on bourgeois family legislation, this paper analyzes the legislative and judicial practice of guardianship of minors before and after the promulgation of the Act in the United Kingdom. In view of its impact on the United Nations Convention on the Rights of the Child, this paper attempts to re-evaluate the historical status of this act.

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.

WTO条件下中国农业法律体系生态化构筑研究——以美国的农业Security and Investment为中心

美国农业法的主要内容就是维持对农业的大力补贴,其特点就是保护和投资。基于此,在已加入WTO的情况下,中国应当加强农业立法和完善生态规划,以生态学理论为视角、以可持续发展为基础建立起中国生态化的农业法律体系。

Safeguard Rights and Interests of Women in Accordance with the Law——the Five-Year Anniversary of the Implementation of the Law of the PRC on the Protection of Righ Is and Interests of Women

ON April 3, 1992, the Law of the PRC on the Protection of Rights and Interests of Women (Protection Law), the first basic law for protecting rights and interests of women and promoting equality between men and women in China, was adopted at the fifth session of the Seventh National People’s Congress (NPC), and entered into force on October 1 of the same year.

General debate on ITEM 8——by Ms. Zhang Jianan, Chinese Association for International Understanding

I’m Zhang Jia’nan from Chinese Association for International Understanding.As a country under the rule of law,China respects and protects human rights in accordance with the principles of its Constitution.In the face of terrorism and extremism,China has taken actions to fightthese threats in accordance with the law,effectively curbing the frequent occurrences of terrorist activities and ensuring,to the maximum extent,the rights to life and development of people of all ethnic groups in China.

Does Environmental Laws and Policies Work?A Review Of Ghana’s Case

Enforcing environmental laws and policies has been one of the pressing agenda globally.Despite the mandate given to the Environmental Protection Agency(EPA)by the Act 490,there are still numerous environmental issues unaddressed in Ghana.This paper is geared towards unravelling and identifying the current additions that have been made to existing literature on environmental laws and policies in Ghana.This paper made a wide-ranging general literature review to outline significant contributions concerning environmental laws and policies.Numerous environmental laws and policies were identified but have been fragmented and are not codified in a particular document.It is evident from the review of literature existing that there are still areas for advanced research on the topic of environmental laws and policies placing more emphasis on institution concerned with environmental issues at global level.The study recommended the need for capacity building for environmental personnel and data due to the numerous technological advancement to better assist the implementation and enforcement of environmental laws in Ghana.

Regulating Crossing Border E-commerce by SC

Crossing border e‐commerce develops rapidly because of e‐commerce development.There are three typical modes of crossing border e‐commerce,and they are B2B(business to business),B2C(business to customer),and C2C(customer to customer).With the development of social network,a new mode called C2C cross‐border e‐commerce by SC(social commerce)is occurring.This new kind of e‐commerce has several advantages,like high trust between seller and customer and personalized consumption for customers.But there are still some problems of C2C cross‐border e‐commerce by SC,which are tax evasion and no rule to regulate.To solve these problems,several measures should be taken into account.In the area of Customs Law,it should refine the standard of luggage and post package taxation.The Custom should strengthen supervision for international post package.To deal with the problem that there is no law to regulate C2C cross‐border e‐commerce by SC,Contract Law is suitable before the E‐commerce Law enacts.

某ACT验证机纵向DFBW控制律设计

讨论了某ACT验证机纵向数字式电传操纵系统(DFBW)控制律的综合设计方法,概述了具有控制增稳(CAS)、边界(迎角/过载)限制、放宽静稳定性(RSS)补偿和自动配平等功能的纵向DFBW控制律的结构和参数选择,阐明了校正滤波网络的作用和自持振荡的抑制措施。设计结果为试飞所验证。

法律行为规范对身份行为的有限适用

身份行为的构造依托于以意思表示为要素的抽象法律行为框架,不能以事实先在性架空意思自治。即使家庭法没有明确规定,身份行为也存在成立和效力的判断问题。根据纯粹身份行为和身份财产行为的区分概括描述适用模式的意义有限,即使是身份财产行为,也不能当然适用法律行为规范,而必须结合具体行为的性质以及所涉法律行为规范之利益状态进行个别化检视。在具体的规范适用检视中,应当首先考虑立法者的法政策决断,然后再考虑不同身份行为的本质。限制法律行为规范的适用往往意味着对当事人意思自治的限制,其背后往往存在维护身份关系安定性及公共利益的特殊考量。

Disposal of Rural Domestic Sewage in Ecological Wetland System

Pollution brought by rural domestic sewage has become increasingly serious, so it is imperative to fi gure out economical and efficient solutions. On the basis of comparison between rural domestic sewage treatment means in China and abroad, actual conditions of countryside, current situation and features of domestic sewage, this paper adopted the compound ecological wetland system consisting of anaerobic and aerobic units, ecological floating bed and artifi cial wetland, so as to remove nitrogen and phosphorus efficiently, achieve the goal of low operation and construction cost and less land use.

A Quantitative Computational Method for Landslip Orientation of a Body Isolated from Bed Rock in Mountain by Using Spatial Analytic Geometry

The paper is going to give a quantitative computational method for “Landslip Orientation of a body isolated from bed rock in Mountain” only with spatial analytic geometry. The paper gives computational formulae in proper order for only landslip plane, just two landslip planes and just three landslip planes, and gives numerical examples. And the paper gives a general computational model for landslip orientation of m landslip planes. The author puts forward “Un-allowed Straight Angle Law”, “Critical Straight Angle Law” and “Allowed Straight Angle Law”. Finally, the author gives a project expression of a landslip plane on unit sphere.

习近平法治思想中的重大实践创新及形成机制

系统归纳、提炼习近平法治思想中的重大实践创新及其背后所遵循的理性生产机制具有重要意义。习近平法治思想实践创新的根本前提是习近平总书记在马克思主义实践观指引下,以政治家的高屋建瓴、思想家的磅礴力量对法治中国的形势与战略进行的准确分析和深刻判断。习近平法治思想中的重大实践创新主要表现在全面依法治国的思维方式重大创新、全面依法治国的总体布局重大创新、全面依法治国适应新时代鲜明特征的重大创新等三个方面,形成了具有原创性的实践创新机制。这些机制创新作用于典型场景,为全面依法治国发生历史性变革、取得历史性成就提供了重要保障。习近平法治思想实践创新具有重大意义与显著优势,在未来更多的法治课题上,习近平法治思想的实践创新伟力还将发挥更多的破题、引领作用,需要通过习近平法治思想中自主实践知识体系的转型来进一步把握未来各种法治实践场景中蕴含的新规律,推动知识转型。

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。

“依法治国和依规治党有机统一”突出优势的内涵、实践和效能

“依法治国和依规治党有机统一”充分彰显了中国特色社会主义法治体系的鲜明特点,是对人类政治文明发展的新贡献。从理论内涵而言,“依法治国和依规治党有机统一”是大国治理和大党治理更加协同高效的最佳途径,也是大国治理和大党治理在保障价值目标实现方面的最佳方式,开创了人类政治文明的新形态。从实践体现而言,“依法治国和依规治党有机统一”主要体现在坚持和加强党的领导、治国理政顶层设计、统筹党政机构等方面,并为在以中国式现代化全面推进中华民族伟大复兴新征程上更好发挥其突出优势提供了重要保障。充分发挥“依法治国和依规治党有机统一”突出优势的治理效能,必须把加强党对全面依法治国的集中统一领导作为根本政治保证,把注重党内法规同国家法律的衔接协调作为主要抓手,把统筹推进执法执规体系建设作为基础工程。

智慧图书馆数据开放共享及安全治理平衡研究

数据是智慧图书馆发展过程中必不可少的资源,数据开放共享促进了智慧图书馆数据价值的无限释放,然而也对数据安全治理提出了更高的要求。文章深入剖析欧盟《数据治理法》和《中华人民共和国数据安全法》的内容,合理借鉴两部法律对数据开放共享和安全治理的法律规定及应对策略,结合其法理思想以及智慧图书馆发展实际,从理论指引、数据开放共享架构及数据安全治理保障体系三个维度,提出了适合我国国情的智慧图书馆数据开放共享及安全治理的平衡对策。

我国放生外来入侵物种行为法律规制之现状及完善

我国当前立法已开始重视构建放生外来入侵物种行为的规制制度,与防治外来物种入侵构成“对外+对内”的双重规制保障。然而放生外来入侵物种的法律规制路径在制度设计与解释适用中仍存在禁止放生外来物种范围不明确、惩处机制难以覆盖实际危害后果、公法责任规制选择适用标准模糊、行政主体责任缺失等问题。问题症结源于制度设计的立法分散与标准不一,需要通过加快出台分类分级的外来入侵物种名录、扩充法律规制的修复手段、引入风险评估系数、补充行政机关人员的行政责任等途径加以完善。