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Ancient China’s Legal Tradition and Legal Thought 被引量:1
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作者 张晋藩 《Social Sciences in China》 2013年第2期134-151,共18页
China's pre-modern legal system enjoyed a continuous history of more than four thousand years. In the course of this long process, it developed distinctive legal traditions, including a tradition that prioritized agr... China's pre-modern legal system enjoyed a continuous history of more than four thousand years. In the course of this long process, it developed distinctive legal traditions, including a tradition that prioritized agriculture, a stress on criminal law at the expense of civil law, an ethical orientation that stressed the five Confucian relationships, an approach to the legal traditions of different ethnic groups that embraced diversity in unity, and a Confucianized legal system based on virtue and ritual. These legal traditions were all based on the accretion of a deep-rooted legal culture which embodied the wisdom and creativity of the Chinese people. At the same time, they bore the stamp of China's national conditions: an economic structure dominated by agriculture, an autocratic political system, a multi-ethnic national structure, the preeminent position of Confucian thought, the uneven development of politics, culture and the economy, etc. 展开更多
关键词 founding the country on agriculture AUTOCRACY ethics-based law kinship ties andgeographical proximity legal culture
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THE LEGAL THOUGHT OF EMPEROR TAIZONG OF THE TANG DYNASTY (618--907)
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作者 Norman P. HO 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2017年第4期584-625,共42页
Little scholarly work has been done on understanding Taizong's (one of China's most influential emperors) legal thought. Existing historiography has been descriptive and has not fully contextualized Taizong's leg... Little scholarly work has been done on understanding Taizong's (one of China's most influential emperors) legal thought. Existing historiography has been descriptive and has not fully contextualized Taizong's legal thought in his broader political thought. Furthermore, it has been influenced by the traditional bias in Tang historiography as a whole, which has been adulatory toward Taizong's reign. Drawing from a variety of sources, including dynastic histories and Taizong's writings, this article seeks to complicate the existing historiography. It lays out key characteristics of Taizong's legal thought, situating them in the historical context in which Taizong operated, as well as contextualizing them within his broader political thought, to present a more balanced analysis. It will argue that Taizong was an emperor who was concerned with legality, competent legal administration, and leniency in punishments. His actions and rhetoric also suggest that he believed that law should be applied to the emperor's conduct as well. At the same time, this article also argues that Taizong should not be viewed primarily as an innovative legal thinker or as someone with an ideological or idealistic commitment to legal reform for its own sake. Rather, he was a man whose views on law were greatly motivated by practical, political concerns, such as concerns regarding the stability and legitimacy of his rule. More broadly, this article contributes to the historiography of traditional Chinese legal history by complicating the so-called dominant narrative of the process of "Confucianization of law" in premodern Chinese history by highlighting the role that specific historical actors (such as Taizong) played in that process. 展开更多
关键词 legal theory Chinese legal theory Chinese legal history JURISPRUDENCE Tangdynasty
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A Witness to the Jurisprudential Change during the Second Half of the 20thCentury in China——Reviewing on the legal thoughts of Shen Zongling
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作者 金海军 《法哲学与法社会学论丛》 2003年第1期491-501+503,共11页
ⅠThe Jurisprudence or the legal philosophy,especially that of the modern Europe and America(i.e.the western countries),had been introduced to China for two times,respectively in the beginning 30 years and the last 20... ⅠThe Jurisprudence or the legal philosophy,especially that of the modern Europe and America(i.e.the western countries),had been introduced to China for two times,respectively in the beginning 30 years and the last 20 years of the 20thcentury.Chinese scholars had introduced the Jurisprudence,among other things,since the beginning of the 20^th century. 展开更多
关键词 SHEN Zongling jurisprudential CHANGE western legal
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Some Thoughts on Lawyers and Legal Construction
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作者 Sun Zilu 《International English Education Research》 2014年第7期75-77,共3页
To construct the rule of law, we can not only rely on the legal system itself, but also should we take good use of the legal person's active participation in the building process, which would be the driving force. On... To construct the rule of law, we can not only rely on the legal system itself, but also should we take good use of the legal person's active participation in the building process, which would be the driving force. Only the static legal system itself can not rule out the presence of ruling of man and something like unjust privilege. However, legal person's dynamic involving in the construction of rule of law, by means of legal person's constraints to the person of rule of man, can effectively protect citizens' legitimate rights and interests, by what we can achieve the maximum degree of eliminating social injustice as well. There is no doubt that the lawyer is just the strong force that above-mentioned who promotes the process of legal construction to develop better and longer. 展开更多
关键词 Practicing Lawyer legal Construction Rule of Man Political Participation
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Some Thoughts on Lawyers and Legal Construction
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作者 Sun Zilu 《International English Education Research》 2014年第6期28-30,共3页
To construct the rule of law, we can not only rely on the legal system itself but also should we take good use of the legal person' s active participation in the building process, which would be the driving force. On... To construct the rule of law, we can not only rely on the legal system itself but also should we take good use of the legal person' s active participation in the building process, which would be the driving force. Only the static legal system itself can not nile out the presence of ruling of man and something like unjust privilege. However, legal person's dynamic involving in the conslluction of rule of law, by means of legal person's constraints to the person of rule of man, can effectively protect citizens' legitimate rights and interests, by what we can achieve the maximum degree of eliminating social injustice as well. There is no doubt that the lawyer is just the Sllong force that above-mentioned who promotes the process of legal construction to develop better and longer. 展开更多
关键词 Practicing Lawyer legal Construction Rule of Man Political Participation
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Analysis and improving countermeasures of medical disputes from the perspective of legal changes
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作者 Zhang Linlin Zhang Shimeng 《Journal of Otology》 CAS CSCD 2024年第4期247-250,共4页
Under the background of medical disputes growing in number,scale and intensity,tracing back legal changes in medical field as a breakthrough point,this paper took a legal perspective to illustrate changes in medical d... Under the background of medical disputes growing in number,scale and intensity,tracing back legal changes in medical field as a breakthrough point,this paper took a legal perspective to illustrate changes in medical dispute settlements from legislative orientation to legal system improvement.In view of the fact that early legislation in medical field was biased towards identification and punishment of doctors’responsibility,and later intensive legislation in balancing increasing"medical trouble"phenomenon with limited effects and difficulties to abide by the law,this paper proposed to improve doctor-patient dispute settlements system in China referencing from foreign law experience,to reduce investigation of doctors at the judicial level,and to establish a settlement mechanism on doctors’apology at the legislative level,so as to promote a healthy development of doctor-patient relationship. 展开更多
关键词 Medical disputes Doctor-patient relationship Medical legal changes Formal apology
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Research on the Legal Framework of Content Regulations for Network Platforms
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作者 Zhang Yin Liao Xinyue 《Contemporary Social Sciences》 2024年第1期137-155,共19页
In the era of the Internet,various network platforms have evolved into new hubs for information dissemination.Currently,China has established a platform-centered content regulation framework,wherein platforms proactiv... In the era of the Internet,various network platforms have evolved into new hubs for information dissemination.Currently,China has established a platform-centered content regulation framework,wherein platforms proactively enforce content regulations in accordance with legal censorship obligations.Additionally,platform policies and user agreements augment their authority in content regulation.The platforms can achieve cost-effective and highly efficient content regulation by leveraging their strategic advantages enabled by their own technical capabilities and extensive coverage.The platform self-regulation model,however,still faces challenges.First,accurately evaluating content remains a formidable task;second,ensuring effective platform publicity through self-regulation poses difficulties;third,users may potentially face disadvantages due to the platform’s right of self-regulation;and fourth,digital copyright owners face challenges when defending digital copyright disputes under the safe harbor rule.Therefore,it is imperative to establish,review,and revise the legal framework for content regulation of network platforms in order to enhance the efficiency of their governance systems.The formulation of the legal framework for content regulation of network platforms may encompass the following aspects:rationalizing obligations pertaining to platform content regulations,enhancing supervision over platform self-regulation,and establishing a dual-track responsibility system for digital copyright content regulation.This will ensure a harmonious balance among public interests,users’personal rights and interests,and commercial benefits through regulating the content on network platforms. 展开更多
关键词 content regulations platform self-regulation legal framework
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For a Legal Guarantee to Improve People’s Livelihood and Protect Human Rights——Thoughts on policy concerning Social Insurance Law (draft)
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作者 NIU YOUNING 《The Journal of Human Rights》 2010年第4期29-31,共3页
The People's Republic of China Social Insurance Law (draft) has undergone three readings at the Standing Committee of the National People's Congress. The Law, once promulgated, will be of great significance to imp... The People's Republic of China Social Insurance Law (draft) has undergone three readings at the Standing Committee of the National People's Congress. The Law, once promulgated, will be of great significance to implementation of the constitutional principle of "respecting and protecting human rights." It will help regulate the various social insurance relationships and the rights and obligations of the parties involved. 展开更多
关键词 For a legal Guarantee to Improve People thoughts on policy concerning Social DRAFT s Livelihood and Protect Human Rights
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Research on Current Situation and Legal Regulation of Cosmetics Live Streaming E-commerce in China
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作者 Jiang Ying 《China Detergent & Cosmetics》 CAS 2024年第1期63-70,共8页
Analyze the compatibility between cosmetics and live streaming e-commerce from its own nature,marketing means and supply chain characteristics.According to the prominent problems,sort out the relationship between all ... Analyze the compatibility between cosmetics and live streaming e-commerce from its own nature,marketing means and supply chain characteristics.According to the prominent problems,sort out the relationship between all parties in the cosmetics live e-commerce industry chain.Combined with the latest regulatory policies of live streaming e-commerce and cosmetics,the responsibilities of different subjects in cosmetics live streaming e-commerce are summarized,and relevant suggestions and countermeasures are put forward for the standardization and development of live streaming e-commerce.Cosmetics brand owners are the first responsible persons for product quality.Anchors,as a mixed identity between intermediary,advertising spokesperson and operator,should bear stricter joint and several liability when recommending products related to consumers’health.If anchors fail to clearly identify themselves in the recommendation process,thus causing consumers to mistake them for the operator of the cosmetics,they should assume the obligations of the operator. 展开更多
关键词 COSMETICS live streaming e-commerce legal relationship responsibilities of parties
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Research on Enterprise Legal Service Strategy Based on Compliance Management Optimization
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作者 Yi Zhu 《Proceedings of Business and Economic Studies》 2024年第2期84-88,共5页
With the background of enterprise compliance management,this paper discusses how to improve the level of enterprise legal service and reduce enterprise legal risks by optimizing the compliance management system.It aim... With the background of enterprise compliance management,this paper discusses how to improve the level of enterprise legal service and reduce enterprise legal risks by optimizing the compliance management system.It aims to analyze the current situation and existing problems of enterprise legal services through the analysis of the importance of compliance management.Furthermore,it delves into the case of enterprise legal service strategy based on compliance management optimization to verify the effectiveness and feasibility of enterprise legal service strategy. 展开更多
关键词 Compliance management Corporate legal affairs Service strategy legal risk
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Exploration of Interdisciplinary Integration in Teaching Reform of Legal Studies and Auditing
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作者 Lili Hao 《Journal of Contemporary Educational Research》 2024年第9期69-76,共8页
This paper attempts to explore interdisciplinary integration from four aspects:the necessity of interdisciplinary integration between legal studies and auditing,the difficulties and challenges encountered in this inte... This paper attempts to explore interdisciplinary integration from four aspects:the necessity of interdisciplinary integration between legal studies and auditing,the difficulties and challenges encountered in this integration,the ideas for teaching reform in the context of interdisciplinary integration,and the expected outcomes.The aim is to achieve an organic integration of legal studies and auditing through systematic teaching reforms,thereby providing students with comprehensive and integrated knowledge and skills training,ensuring the quality of talent cultivation,and adapting to the needs of social development. 展开更多
关键词 INTERDISCIPLINARY legal studies AUDITING Teaching reform
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Legal Risks and Governance Strategies for Open Public Data in China
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作者 Linglan Xia 《Proceedings of Business and Economic Studies》 2024年第6期196-201,共6页
With advancements in information technology and the increasing demand for data-driven governance,the openness of public data has become essential for global governance and social innovation.However,legal risks related... With advancements in information technology and the increasing demand for data-driven governance,the openness of public data has become essential for global governance and social innovation.However,legal risks related to privacy protection,data security,intellectual property,liability allocation,and legal adaptability pose significant challenges to data governance in China.This paper analyzes these risks and proposes three strategies:enhancing the legal framework through clear data classification and accountability mechanisms,establishing regulatory bodies to monitor data usage,and promoting public education on data privacy.These strategies aim to address gaps in legal discourse and guide effective data governance,contributing to the secure development of open data initiatives in China and beyond. 展开更多
关键词 Public data Data openness legal risks Governance strategies
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Legal Frameworks and Issues in Digital Currency: Insights from Financial Technology
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作者 Chengkun Liu 《Proceedings of Business and Economic Studies》 2024年第6期202-206,共5页
With the rapid advancement of network technology,new payment methods represented by Q coins and game currencies have entered a phase of significant growth.However,these payment methods have a limited scope of applicat... With the rapid advancement of network technology,new payment methods represented by Q coins and game currencies have entered a phase of significant growth.However,these payment methods have a limited scope of application and lack the legal status of fiat currency.The rise of digital currency has profoundly impacted the authority of traditional currency systems.Distinguished by robust payment capabilities,digital currency differs significantly from traditional currency.Yet,due to its relatively brief history,a globally unified definition has yet to be established.Consequently,there is an urgent need to enhance the regulation of digital currency through legislative measures to ensure its orderly and sustainable development. 展开更多
关键词 Financial technology Digital currency legal issues Digital science and technology
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Research on the Relationship between Elementary School Moral and Legal Education and the Formation of Students’Behavioral Habits
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作者 Suzhen Wang 《Journal of Educational Theory and Management》 2024年第3期15-18,共4页
This study focuses on the practical effects of moral and legal education in elementary schools,examining its role in shaping students’behavioral habits and how optimizing educational methods and content can more effe... This study focuses on the practical effects of moral and legal education in elementary schools,examining its role in shaping students’behavioral habits and how optimizing educational methods and content can more effectively promote students’holistic development.The article systematically analyzes the goals,methods,and outcomes of moral and legal education,delving into the interaction mechanisms between education and behavioral habits.Additionally,it proposes further optimization strategies.This research not only deepens our understanding of the essence of moral and legal education but also provides valuable insights for policymakers,teachers,and parents.It aims to drive the reform and innovation of moral and legal education,ultimately enhancing the overall quality of students. 展开更多
关键词 Elementary school Moral and legal education Students’behavioral habits
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Digital Dividends
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作者 TANG YA'NAN 《China Today》 2025年第2期64-67,共4页
As digital technology grows,it will improve accessibility to justice and legal protection for the differently abled and promote social justice.THE rapid development of digital technology is not only changing tradition... As digital technology grows,it will improve accessibility to justice and legal protection for the differently abled and promote social justice.THE rapid development of digital technology is not only changing traditional working modes but also profoundly impacting the application of laws,evidence collection,trial process,and execution.Digital technologies can remedy many shortcomings in traditional judicial procedures,better protecting the legitimate rights and interests of people,especially people with disabilities. 展开更多
关键词 legal SHORTCOMINGS EXECUTION
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On educational system of legal translation course in colleges of China
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作者 顾维忱 《Sino-US English Teaching》 2010年第5期47-51,共5页
With the broadening of economic and commercial communication between China and the outside world, the market of legal and contract document translation job is blooming harshly in both China and abroad. Accompanying th... With the broadening of economic and commercial communication between China and the outside world, the market of legal and contract document translation job is blooming harshly in both China and abroad. Accompanying this tendency, the professionalizing forensic development of translation is booming up as well. The request for higher education institutions to establish the education system of forensic translation is shining in human's eyes, and the cultivating system for the future, the world and profession is highly regarded. So comprehensive profession-cultivating, socialization and economy-serving should be the direction of the education of foreign languages department, related foreign forensic document translation and professional direction of public foreign language teaching as well are the aims of this reform of education. So the aim of this new education system should be the establishing the system of professional translation, forensic translation, cross-subject education and the cultivation of multi-professionals. 展开更多
关键词 legal translation professional foreign language cross-subject education professional education
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Legal序半群
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作者 颜凤 陈碧飞 王波 《内江科技》 2009年第6期156-156,共1页
本文首先介绍序半群的正则性和一些格林等价关系,然后介绍一类新的序半--legal序半群,以及它与格林关系相关的性质。笔者指出,一个legal序半群不一定是正则的,同时给出正则的legal序半群的一些性质。
关键词 格林关系 右(左)序对 legal正则
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Stylistic Characteristics of English Legal Texts
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作者 王悦 《神州》 2014年第15期119-119,共1页
The characteristics of authority and standard in Legal English decide the significance of the translation about legal English texts. This thesis presents the stylistic features of legal English. It is hoped that trans... The characteristics of authority and standard in Legal English decide the significance of the translation about legal English texts. This thesis presents the stylistic features of legal English. It is hoped that translators would be able to understand legal English accurately. 展开更多
关键词 legal legal AUTHORITY hoped STYLISTIC LEXICAL SYNTACTIC SENTENCES decide usual
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Legal English Vocabulary and Its Translation
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作者 王匡正 《海外英语》 2016年第14期135-136,共2页
There are differences between legal English and general English.Legal English relates to the legal profession.Law needs to maintain the impression of seriousness,standardization,accuracy and objectiveness,and as a res... There are differences between legal English and general English.Legal English relates to the legal profession.Law needs to maintain the impression of seriousness,standardization,accuracy and objectiveness,and as a result,legal English also has these characteristics.Compared to general everyday English,the application of legal English vocabulary requires consideration of these characteristics.In the translation of legal content,attention is also needed to be paid to the characteristics of forensic linguistics.Standardized legal terms are used in the translation of legal regulations and other content to keep the characteristics of faithfulness,accuracy,smoothness and consistency.In this paper,legal English vocabulary is discussed based on its characteristics,as well as the method of translation of legal content.For practical translation of legal English,translation methods include literal translation,free translation and addition and omission.These methods are briefly discussed in this paper. 展开更多
关键词 legal legal VOCABULARY LINGUISTICS briefly consistency PROFESSION literal SMOOTHNESS GLOBALIZATION
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Strategies of English Legal Translation
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作者 李楠 《海外英语》 2012年第9X期179-180,共2页
In recent years,China is deepening reform and opening up to the outside world especially after China's successful accession to the WTO.Sino-foreign communication in the field of law is on the rise day by day along... In recent years,China is deepening reform and opening up to the outside world especially after China's successful accession to the WTO.Sino-foreign communication in the field of law is on the rise day by day along with the rapid development of globalization.As can be seen from the previous legal translation studies both in the western world and in China,scholars or researchers have made much effort to conduct studies of legal translation.In this thesis,the basic features of Strategies in legal translation are introduced with some examples in the legal translation practices.And it is explained how to produce a successful legal translation. 展开更多
关键词 legal TRANSLATION legal LANGUAGE ACCURACY readabil
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