The popularity of flexible working hours around the world has slowed down the historical trend of reducing working hours.It even shows signs of regression.Whether and how to guide the cur-rent society with flexible wo...The popularity of flexible working hours around the world has slowed down the historical trend of reducing working hours.It even shows signs of regression.Whether and how to guide the cur-rent society with flexible working hours to return to the historical track of reducing working hours,improve the quality of working hours,and promote a smooth transition from the era of traditional standard work-ing hours to the era of flexible working hours has become a question related to the legal regulation of working hours in the new era.In this regard,although Western countries have proposed new regulatory concepts and carried out legislative practices with distinctive charac-teristics,the limitations of legal regulation capabilities have prevented them from proposing a package of institutional solutions.The advan-tage of China in the ability of legal regulation of working hours has been gradually formed in the legislation on working hours unnder the leadership of the CPC in the past century.It enables China to break through the limitations of the West and propose a Chinese approach to answer the question of the legal regulation of working hours in the new era from three aspects:limiting the extension of working hours,improving the quality of flexible working hours,and optimizing the funnctions of the multi-funnctional regulatory system for working hours.展开更多
The process of constructing hydraulic projects on international rivers is governed by several legal regulations, among the most important of these regulations are： the Principle of no harm, and the Principle of Prior...The process of constructing hydraulic projects on international rivers is governed by several legal regulations, among the most important of these regulations are： the Principle of no harm, and the Principle of Prior Notification, protection of the river＇s environment and the Principle of Settling the International Disputes via Peaceful Means, which is considered one of the most important principles called for by the UN Pact, as it provides for adopting the peaceful means by the member states of the organization to settle international disputes through peaceful means, in addition to an applied study on the Nile Basin＇s projects.展开更多
In modern society, online shopping on behalf of others has become a trendy pattern of consumption and particularly the overseas purchasing on WeChat has blossomed like a raging fire. However, this low-cost and unsuper...In modern society, online shopping on behalf of others has become a trendy pattern of consumption and particularly the overseas purchasing on WeChat has blossomed like a raging fire. However, this low-cost and unsupervised purchasing pattern has brought countless con？ icts between consumers and procurement service providers. As a consequence, based on the sales pattern on WeChat overseas purchasing, this paperdelivers a classifled discussion about the legal relationship between the procurement service provider and other subjects in the overseas purchasing process, in order to further explore the legal obligations undertaken by the procurement service provider. Besides, this paper also digs deep into the reasons for drawbacks of the WeChat sales pattern, in the hope to standardize the trading mode of WeChat overseas purchasing.展开更多
The enterprise coordinates social resources, which changes the dialogue between human and the environment into that between enterprise and environment. The profit-making character of enterprise leads to the abandonmen...The enterprise coordinates social resources, which changes the dialogue between human and the environment into that between enterprise and environment. The profit-making character of enterprise leads to the abandonment of environmental ethics. Enterprise, which has the capability to solve environmental problems, however, lacks the motive to do it. It has controlling power over society and should assume the responsibility of environmental protection. For its lack of environmental conscience, the external institutional arrangements should be made for enterprise. The strategy for environmental cost should be designed in connection with the interest orientation of enterprise. And various legal measures in constitutional law, social law, civil law, administrative law and criminal lave should be utilized to regulate enterprise＇s behaviors regarding environmental protection.展开更多
Whether the legitimate boundary of human genome editing is gene therapy or genetic enhancement is an issue of fierce debate. To safeguard basic human rights such as the right to autonomous development and personal dig...Whether the legitimate boundary of human genome editing is gene therapy or genetic enhancement is an issue of fierce debate. To safeguard basic human rights such as the right to autonomous development and personal dignity, and protection of the current human social ethics and moral outlook and natural evolution order, gene therapy should be permitted while genetic enhancement should be prohibited. After the boundary of the genome editing application category is clearly defined, the risk that social inequality may increase, the biosafety and damage risk and the privacy and personal information disclosure risk brought by human genome editing should be analyzed.Based on this, the legal approach to regulating genome editing should be to adopt an inclusive and prudent hierarchical supervision idea ensuring universal access to genome editing under the social permission theory. A human rights impact assessment system and an in-process framework for diversified risk evaluation and inclusive and prudent hierarchical supervision, determine a posterior attribution principle and dynamically standardize genome editing application order in a closed-loop way.展开更多
Blockchain is a chained data structure that combines data blocks in sequence in chronological order.It has the advantages of decentralization,immutability,distribution and transparency.Blockchain is mainly used in eco...Blockchain is a chained data structure that combines data blocks in sequence in chronological order.It has the advantages of decentralization,immutability,distribution and transparency.Blockchain is mainly used in economy and finance,judicial practice,social governance,public welfare and charity,and other fields in China.As a new technology,the risks and challenges brought by blockchain include but are not limited to:algorithm security,convenience for crime,difficulty in determining jurisdiction,and inability to guarantee the right to be forgotten.To prevent blockchain risks requires to establish scientific algorithm rules,improve blockchain legislation,innovate regulatory measures,and establish a blockchain global governance system.展开更多
In the context of today's big data and cloud computing,the global flow of data has become a powerful driver for international economic and investment growth.The EU and the U.S.have created two different paths for ...In the context of today's big data and cloud computing,the global flow of data has become a powerful driver for international economic and investment growth.The EU and the U.S.have created two different paths for the legal regulation of the cross-border flow of personal data due to their respective historical traditions and realistic demands.The requirements for data protection have shown significant differences.The EU advocates localization of data and firmly restricts cross-border flow of personal data.The U.S.tends to protect personal data through industry self-regulation and government law enforcement.At the same time,these two paths also merge and supplement with each other.Based on this,China needs to learn from the legal regulatory paths of the EU and the US,respectively,to establish a legal idea that places equal emphasis on personal data protection and the development of the information industry.In terms of domestic law,the Cybersecurity Law of the People's Republic of China needs to be improved and supplemented by relevant supporting legislation to improve the operability of the law;the industry self-discipline guidelines should be established;and various types of cross-border data need to be classified and supervised.In terms of international law,it is necessary to participate in international cooperation based on the priority of data sovereignty and promote the signing of bilateral,multilateral agreements,and international treaties on the cross-border flow of personal data.展开更多
At present, Chinese labor relations operate under a unitary model of legal regulation in which labor law is applied to workers ＂as a whole, with everyone treated equally.＂ This causes a number of problems. In realit...At present, Chinese labor relations operate under a unitary model of legal regulation in which labor law is applied to workers ＂as a whole, with everyone treated equally.＂ This causes a number of problems. In reality, due to constantly changing modes of employment and the flexibility of workers＇ ＂affiliation,＂ forms of employment are highly diverse. In addition to regular employees, there are also ＂quasi-employees＂ （employee-like persons） whose affiliation is quite weak, and other special employees. This necessitates the updating of the legislative thinking behind labor laws, While holding fast to the assumption that workers are a vulnerable group, we should review the differences between different types of employee and draw up the corresponding regulations on the basis of specific situations. Where legislative technique is concerned, we should do away with the traditional one-size- fits-all legislative model in favor of a dedicated model that targets particular types of subject and particular circumstances. We should abandon the traditional old-fashioned model in which ＂all labor law provisions apply＂ or ＂no labor law provisions apply＂ and categorize employees in such a way as to provide special rules for quasi-employees, special employees and employees of special employers. The legal regulation of labor relations should be based on categorization and differential treatment.展开更多
This study is conducted on the special provision of the Korean government to prevent youths＇ addiction to online games. Judging that the youths＇ addiction to online games is serious, the Korea government made a lega...This study is conducted on the special provision of the Korean government to prevent youths＇ addiction to online games. Judging that the youths＇ addiction to online games is serious, the Korea government made a legal provision to control the phenomena of youths＇ online game addiction. At that time, there were lots of conflicting opinions in the course of implementation of the related governmental act. The purpose of this study is investigating what conflicting opinions there were in the course of the legislation and also the fundamental cause of the opinion confliction and the countermeasures thereby. Especially, it is noteworthy that two departments of the government had different legal approaches toward the issue. Thus, this study will present an affordable suggestion for other countries which have youths＇ online game addiction problems.展开更多
The public-private partnership has been in use in the world for over 40 years, and has been growing at a varying rate and with mixed success in different countries. Based on the experience gained in selected countries...The public-private partnership has been in use in the world for over 40 years, and has been growing at a varying rate and with mixed success in different countries. Based on the experience gained in selected countries, this article shows key success factors of the public-private partnership.展开更多
Overviewing the international trade both in theoretical studies and legal cases, there is a notion known as ‘like product’, occurs in both the WTO law and the GATT 1994. Even though this concept occurs in the severa...Overviewing the international trade both in theoretical studies and legal cases, there is a notion known as ‘like product’, occurs in both the WTO law and the GATT 1994. Even though this concept occurs in the several of agreements, nevertheless, the concept of ‘like product’ is not defined in the GATT 1994. However, it plays a dominant role in the international trade, and it is a key point to deal with some issues of international trade, particularly in anti-dumping issues. Product and ‘Like product＇ both are most important elements in GATT, mostly in every principle rules has concerned it since GATT has been signed. World economy is developing and growing faster, and had pushed the GATT into playing an even more central role. The product also developing and been evolution, Therefore there were certainly changes in the subjects here addressed. But the changes came largely in the form of filling in the gaps-again both in the rules and in the institution. This thesis will be concerned with the evolution and significance of the notion of ‘like product’ under the GATT fundamental principles.展开更多
A foremost issue of our time is our response to risks,especially those arising from scientific uncertainty,such as genetically modified organisms(GMOs).In this context,we need to achieve and maintain environmental jus...A foremost issue of our time is our response to risks,especially those arising from scientific uncertainty,such as genetically modified organisms(GMOs).In this context,we need to achieve and maintain environmental justice.This should be based on the corresponding scientific research;essentially,however,it is a kind of social construct.We must maintain a free market mechanism for the development,application,and dissemination of modern technology,including genetically modified biotech and its products.At the same time,the necessary government intervention and legal regulation of the relevant science and technology should be put in place to ensure public safety and the interests of socially disadvantaged groups.展开更多
基金funded by the National Social Science Fund of China (Western Region Program)“Research on Improving the Quality of Legislation in China on Rest and Vacation from a Global Perspective”(Project Approval Number:19XFX014)。
文摘The popularity of flexible working hours around the world has slowed down the historical trend of reducing working hours.It even shows signs of regression.Whether and how to guide the cur-rent society with flexible working hours to return to the historical track of reducing working hours,improve the quality of working hours,and promote a smooth transition from the era of traditional standard work-ing hours to the era of flexible working hours has become a question related to the legal regulation of working hours in the new era.In this regard,although Western countries have proposed new regulatory concepts and carried out legislative practices with distinctive charac-teristics,the limitations of legal regulation capabilities have prevented them from proposing a package of institutional solutions.The advan-tage of China in the ability of legal regulation of working hours has been gradually formed in the legislation on working hours unnder the leadership of the CPC in the past century.It enables China to break through the limitations of the West and propose a Chinese approach to answer the question of the legal regulation of working hours in the new era from three aspects:limiting the extension of working hours,improving the quality of flexible working hours,and optimizing the funnctions of the multi-funnctional regulatory system for working hours.
文摘The process of constructing hydraulic projects on international rivers is governed by several legal regulations, among the most important of these regulations are： the Principle of no harm, and the Principle of Prior Notification, protection of the river＇s environment and the Principle of Settling the International Disputes via Peaceful Means, which is considered one of the most important principles called for by the UN Pact, as it provides for adopting the peaceful means by the member states of the organization to settle international disputes through peaceful means, in addition to an applied study on the Nile Basin＇s projects.
文摘In modern society, online shopping on behalf of others has become a trendy pattern of consumption and particularly the overseas purchasing on WeChat has blossomed like a raging fire. However, this low-cost and unsupervised purchasing pattern has brought countless con？ icts between consumers and procurement service providers. As a consequence, based on the sales pattern on WeChat overseas purchasing, this paperdelivers a classifled discussion about the legal relationship between the procurement service provider and other subjects in the overseas purchasing process, in order to further explore the legal obligations undertaken by the procurement service provider. Besides, this paper also digs deep into the reasons for drawbacks of the WeChat sales pattern, in the hope to standardize the trading mode of WeChat overseas purchasing.
基金the Innovative Talents Training Fund of Southwestern University of Finance and Economics
文摘The enterprise coordinates social resources, which changes the dialogue between human and the environment into that between enterprise and environment. The profit-making character of enterprise leads to the abandonment of environmental ethics. Enterprise, which has the capability to solve environmental problems, however, lacks the motive to do it. It has controlling power over society and should assume the responsibility of environmental protection. For its lack of environmental conscience, the external institutional arrangements should be made for enterprise. The strategy for environmental cost should be designed in connection with the interest orientation of enterprise. And various legal measures in constitutional law, social law, civil law, administrative law and criminal lave should be utilized to regulate enterprise＇s behaviors regarding environmental protection.
基金phased achievement of both Research of the Theory of Legal principles in the Modern Hermeneutic Horizon(Project Approval No.21AFX003)of the National Social Science Fund of China2021 Annual Special Scientific Research Fund for Academic Postgraduates(Project Approval No.2021LAW005)Law School,Beijing Normal University.
文摘Whether the legitimate boundary of human genome editing is gene therapy or genetic enhancement is an issue of fierce debate. To safeguard basic human rights such as the right to autonomous development and personal dignity, and protection of the current human social ethics and moral outlook and natural evolution order, gene therapy should be permitted while genetic enhancement should be prohibited. After the boundary of the genome editing application category is clearly defined, the risk that social inequality may increase, the biosafety and damage risk and the privacy and personal information disclosure risk brought by human genome editing should be analyzed.Based on this, the legal approach to regulating genome editing should be to adopt an inclusive and prudent hierarchical supervision idea ensuring universal access to genome editing under the social permission theory. A human rights impact assessment system and an in-process framework for diversified risk evaluation and inclusive and prudent hierarchical supervision, determine a posterior attribution principle and dynamically standardize genome editing application order in a closed-loop way.
文摘Blockchain is a chained data structure that combines data blocks in sequence in chronological order.It has the advantages of decentralization,immutability,distribution and transparency.Blockchain is mainly used in economy and finance,judicial practice,social governance,public welfare and charity,and other fields in China.As a new technology,the risks and challenges brought by blockchain include but are not limited to:algorithm security,convenience for crime,difficulty in determining jurisdiction,and inability to guarantee the right to be forgotten.To prevent blockchain risks requires to establish scientific algorithm rules,improve blockchain legislation,innovate regulatory measures,and establish a blockchain global governance system.
基金This article is supported by Law and Technology Institute,Renmin University of China.All mistakes and omissions are the responsibility of the author.
文摘In the context of today's big data and cloud computing,the global flow of data has become a powerful driver for international economic and investment growth.The EU and the U.S.have created two different paths for the legal regulation of the cross-border flow of personal data due to their respective historical traditions and realistic demands.The requirements for data protection have shown significant differences.The EU advocates localization of data and firmly restricts cross-border flow of personal data.The U.S.tends to protect personal data through industry self-regulation and government law enforcement.At the same time,these two paths also merge and supplement with each other.Based on this,China needs to learn from the legal regulatory paths of the EU and the US,respectively,to establish a legal idea that places equal emphasis on personal data protection and the development of the information industry.In terms of domestic law,the Cybersecurity Law of the People's Republic of China needs to be improved and supplemented by relevant supporting legislation to improve the operability of the law;the industry self-discipline guidelines should be established;and various types of cross-border data need to be classified and supervised.In terms of international law,it is necessary to participate in international cooperation based on the priority of data sovereignty and promote the signing of bilateral,multilateral agreements,and international treaties on the cross-border flow of personal data.
文摘At present, Chinese labor relations operate under a unitary model of legal regulation in which labor law is applied to workers ＂as a whole, with everyone treated equally.＂ This causes a number of problems. In reality, due to constantly changing modes of employment and the flexibility of workers＇ ＂affiliation,＂ forms of employment are highly diverse. In addition to regular employees, there are also ＂quasi-employees＂ （employee-like persons） whose affiliation is quite weak, and other special employees. This necessitates the updating of the legislative thinking behind labor laws, While holding fast to the assumption that workers are a vulnerable group, we should review the differences between different types of employee and draw up the corresponding regulations on the basis of specific situations. Where legislative technique is concerned, we should do away with the traditional one-size- fits-all legislative model in favor of a dedicated model that targets particular types of subject and particular circumstances. We should abandon the traditional old-fashioned model in which ＂all labor law provisions apply＂ or ＂no labor law provisions apply＂ and categorize employees in such a way as to provide special rules for quasi-employees, special employees and employees of special employers. The legal regulation of labor relations should be based on categorization and differential treatment.
文摘This study is conducted on the special provision of the Korean government to prevent youths＇ addiction to online games. Judging that the youths＇ addiction to online games is serious, the Korea government made a legal provision to control the phenomena of youths＇ online game addiction. At that time, there were lots of conflicting opinions in the course of implementation of the related governmental act. The purpose of this study is investigating what conflicting opinions there were in the course of the legislation and also the fundamental cause of the opinion confliction and the countermeasures thereby. Especially, it is noteworthy that two departments of the government had different legal approaches toward the issue. Thus, this study will present an affordable suggestion for other countries which have youths＇ online game addiction problems.
文摘The public-private partnership has been in use in the world for over 40 years, and has been growing at a varying rate and with mixed success in different countries. Based on the experience gained in selected countries, this article shows key success factors of the public-private partnership.
文摘Overviewing the international trade both in theoretical studies and legal cases, there is a notion known as ‘like product’, occurs in both the WTO law and the GATT 1994. Even though this concept occurs in the several of agreements, nevertheless, the concept of ‘like product’ is not defined in the GATT 1994. However, it plays a dominant role in the international trade, and it is a key point to deal with some issues of international trade, particularly in anti-dumping issues. Product and ‘Like product＇ both are most important elements in GATT, mostly in every principle rules has concerned it since GATT has been signed. World economy is developing and growing faster, and had pushed the GATT into playing an even more central role. The product also developing and been evolution, Therefore there were certainly changes in the subjects here addressed. But the changes came largely in the form of filling in the gaps-again both in the rules and in the institution. This thesis will be concerned with the evolution and significance of the notion of ‘like product’ under the GATT fundamental principles.
文摘A foremost issue of our time is our response to risks,especially those arising from scientific uncertainty,such as genetically modified organisms(GMOs).In this context,we need to achieve and maintain environmental justice.This should be based on the corresponding scientific research;essentially,however,it is a kind of social construct.We must maintain a free market mechanism for the development,application,and dissemination of modern technology,including genetically modified biotech and its products.At the same time,the necessary government intervention and legal regulation of the relevant science and technology should be put in place to ensure public safety and the interests of socially disadvantaged groups.
