Construction of Legal System of China's Farmland Protection under the Coexistence of Multiple Objectives:Historical Logic,Practical Problems and Optimization Paths

[Objectives]To explore the evolution of the legal system of farmland protection and explore the rules and characteristics of policy development based on the theory and logic of institutional change since China's reform and opening up,reveal the problems and deep-seated reasons of its legislation,clarify the direction of farmland protection in the new period,and solve the"non-agricultural""non-grain"and ecological problems of farmland.[Methods]Literature analysis and inductive deduction methods were used.[Results]The evolution of the farmland protection legal system has gone through the process of"national consciousness-policy guidelines-institutional system",the change from"single subject to multiple subjects";change from the use of"one-way administrative means to coordinated use of administrative,economic and technical means".The practical problems of the farmland protection legal system are mainly due to the insufficient systematization of the farmland protection legal system itself,the generalization of quantity protection,the transformation of quality protection,and the absence of ecological protection.[Conclusions]It is recommended to improve the existing farmland protection legal system from the establishment of the Farmland Protection Law,the improvement of the farmland protection public participation mechanism and supervision mechanism,the establishment of the farmland quality construction and improvement system,the differentiated farmland occupation and supplementation balance system,and the ecological restoration system.

Environmental Impact Assessment System and Process in Developing Countries

Environmental impact assessment (EIA), a decision-making process for project appraisal and sustainability adopted globally as an administrative process to identify, predict, evaluate, and monitor projects from their feasibility, preconstruction, construction, and operation stages to mitigate the adverse impacts and enhance the beneficial impacts for the protection of the affected environment, The study objective is to explore global EIA systems and processes and find shortcomings and implications for making the best instrument or tool to protect the natural environment from man-made activities over the project cycle. For this, the relevant literature on the EIA system and process was reviewed and evaluated through the application of quantitative and qualitative approaches, including the assessment of legal instruments and the adoption of EIA methodologies in developing countries. EIA, initiated in the 1970s in the US and Australia, expanded to developing countries and was amended in East and Southeast Asia from the 1970s to the 2000s. The evaluation assessed that the South Asian countries follow UNEP and IAIA guidelines, utilizing national laws and expert consultations, with screening criteria and administrative processes based on established environmental legislation. Ad hoc, checklist, matrix, network, overlay, cost-benefit analysis, and predictive or simulation in EIA practice are used to assess the environmental impacts of development activities. Failure to recommend major projects undermines public trust and prevents mitigation measures from being implemented. Most developing countries have followed EIA to fulfill the legal requirement with shadow-off monitoring and follow-up rather than to upset, reduce, or compensate for the project impacts as per size, location, and severity of the project area. The research and guidelines outlined in the IAIA principles and process have synthesized the best EIA practices worldwide. Public participation, impact coverage, scientific mitigation, transparent evidence-based approaches, monitoring, follow-up, legitimate approaches, and future appraisal opportunities are major concerns to be included in best EIA practice.

Theory on Introducing a Mandatory Attorney System into Civil Litigation from the Perspective of the Protection of the Right of Action

As an important rectifying mechanism to the involved parties-oriented civil litigation model,the mandatory attorney system requires the involved parties of a lawsuit to appoint a lawyer to represent them in the litigation,otherwise they will be rejected because the litigation requirements aren’t met.This seems to restrict the litigants’right to initiate a lawsuit by themselves.Through the arrangement of the system for the participation of lawyers in some litigation procedures,stages,and cases,coupled with the legal principle of litigation costs,the litigation costs sharing mechanism,legal aid,and other related supporting systems,it is not only a substantive guarantee for the litigants’right of action,but also can even strengthen the protection of the litigants’right of action in civil litigation.Based on the need to effectively protect and strengthen the litigants’right of action,combined with its civil litigation system and judicial operation environment,China should adopt a phased and gradual strategy to introduce and implement the mandatory attorney system in civil litigation while constantly improving its lawyer system,litigation costs system,legal aid system,and other related supporting systems.

Improvement of the Legal System for Addressing the Issue of Elderly Care in China in the Context of Population Aging

Rapid population aging is a social reality facing China at present,and the issue of elderly care has become a hot topic of social concern.Legislation to address the issue of elderly care in the context of population aging should follow systematic concepts to achieve“vertical and horizontal integration.”In terms of content,it is necessary to formulate specific legal approaches around“the elderly and children,”with a focus on guaranteeing the livelihood and protection of the rights of the elderly while taking into account childbirth,employment and other issues.the laws should not only safeguard the social participation and labor rights of the elderly,but also effectively respond to the social challenges brought about by the aging of the population.It is also necessary to optimize the family planning policy to ease the burden of child-raising,improve the population structure and promote the long-term balanced development of the population,thus fundamentally solving the problem of population aging.the effort to improve the legal system to deal with the issue of elderly care in the context of population aging will better advance Chinese modernization.

Unenumerated Rights Clauses and the System of Restriction on Fundamental Rights——Another Construction Plan for Article 51 of the Constitution of PRC

According to constitutional jurisprudence in China,Article 51 of the Constitution is an unenumerated restrictive clause.Such theoretical construction fails to justify the differentiated restrictions established in the Constitution and makes it difficult to explain the constitutional status of human dignity. Article 51 implies the possibility of other theoretical constructions. It is not an unenumerated restriction clause but an unenumerated rights clause. It aims to provide guarantees for general freedom of action not enumerated in the Constitution rather than restricting fundamental rights. The actual benefit of this kind of theoretical construction lies in that it can establish the basis of the constitutional text for general freedom of action and promote the people’s correct understanding of the model of restriction on fundamental rights established by the Constitution of PRC.

INSTRUCTIONS FOR AUTHORS

1 Legal requirements The author(s)guarantee(s)that the manuscript will not be published elsewhere in any language without the consent of the copyright holders,that the rights of third parties will not be violated,and that the publisher will not be held legally responsible should there be any claims for compensation.Authors wishing to include figures or text passages that have already been published elsewhere are required to obtain permission from the copyright holder(s)and to include evidence that such permission has been granted when submitting their papers.Any material received without such evidence will be assumed to originate from the authors.

INSTRUCTIONS FOR AUTHORS

1 Legal requirements The author(s) guarantee(s) that the manuscript will not be published elsewhere in any language without the consent of the copyright holders,that the rights of third parties will not be violated,and that the publisher will not be held legally responsible should there be any claims for compensation.Authors wishing to include figures or text passages that have already been published elsewhere are required to obtain permission from the copyright holder(s) and to include evidence that such permission has been granted when submitting their papers.Any material received without such evidence will be assumed to originate from the authors.

Promoting Environmental Risk Assessment and Control of Emerging Contaminants in China

1.Introduction In recent years,China has carried out an extensive preventative battle against air,water,and soil pollution,and the nation’s environmental quality-as reflected by conventional pollutant indicators—has significantly improved.At the same time,the issue of emerging contaminants(ECs)is beginning to receive increasing attention.ECs generally refer to newly discovered or noticeable pollutants that pose risks to the ecological environment or human health.Either they have not been included in environmental management,or existing management measures are insufficient to effectively prevent and control their risks.The ECs of greatest concern generally include persistent organic pollutants(POPs),endocrine-disrupting chemicals(EDCs),pharmaceuticals and personal care products(PPCPs),and microplastics.These four categories of ECs are not entirely separate,as they interrelate with each other(Fig.1).Chemical production and product usage are the main sources of ECs.China is the world’s largest producer and consumer of bulk chemicals,and the production value of China’s chemical industry is predicted to reach 50%of the global total by 2030[1].Scientific control of ECs based on their environmental risk assessment is a necessary way to support the prevention and legal governance of ECs.

INSTRUCTIONS FOR AUTHORS

1 Legal requirements The author(s)guarantee(s)that the manuscript will not be published elsewhere in any language without the consent of the copyright holders,that the rights of third parties will not be violated,and that the publisher will not be held legally responsible should there be any claims for compensation.Authors wishing to include figures or text passages that have already been published elsewhere are required to obtain permission from the copyright holder(s)and to include evidence that such permission has been granted when submitting their papers.

INSTRUCTIONS FOR AUTHORS

1Legal requirements The author(s)guarantee(s)that the manuscript will not be published elsewhere in any language without the consent of the copyright holders,that the rights of third parties will not be violated,and that the publisher will not be held legally responsible should there be any claims for compensation.

INSTRUCTIONS FOR AUTHORS

1 Legal requirements The author(s)guarantee(s)that the manuscript will not be published elsewhere in any language without the consent of the copyright holders,that the rights of third parties will not be violated,and that the publisher will not be held legally responsible should there be any claims for compensation.

INSTRUCTIONS FOR AUTHORS

Legal requirements The author(s) guarantee(s) that the manuscript will not be published elsewhere in any language without the consent of the copyright holders,that the rights of third parties will not be violated,and that the publisher will not be held legally responsible should there be any claims for compensation.

美国《保健物理》(Health Physics)杂志英文摘要(2023年126卷第2期)

Statistical Analysis of Radioactivity:Lamprecht Uranium Mine in Texas Mark C.Harvey1 and Nancy L.Glenn Griesinger2(1.Department of Physics,Texas Southern University,Houston,TX 77004;2.Department of Mathematical Sciences,Texas Southern University,Houston,TX 77004)Abstract:The former Lamprecht uranium mine facility in Texas ceased operations well before the new millennium.However,decommissioning activities were never completed by the licensee.Consequently,a legal proceeding was authorized between state and licensee representatives.Meanwhile,state funds were used to hire an independent contractor to perform radiological surveys and assess the magnitude of residual radioactivity across the terrain at the site.The purpose of this study was to apply advanced spatial statistical methods to the survey data measured by contractors at the Lamprecht site to precisely predict remaining radioactive hotspot locations post soil remediation activities.

Research on the Legal Framework of Content Regulations for Network Platforms

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.

The Effects of Competence and Auditor Training on Fraud Detection Within Multinational Companies in Sub-Saharan Africa

The aim of this study is to examine the qualities that auditors engaged in detecting potential fraud within multinational corporations in Sub-Saharan Africa should possess.To achieve this goal,a quantitative approach was used to develop and test a research model based on three theories:agency theory,attribution theory,and cognitive dissonance theory.Responses from a panel of two hundred and nine(209)auditors who conducted a legal audit mission in a Sub-Saharan multinational were analyzed using SmartPLS 3.3.3 software.The results emphasize the crucial importance of auditors’competence and continuous training in fraud detection.However,professional skepticism and time pressure were found to be non-significant in this context.This conclusion provides essential insights for auditors,highlighting the key qualities needed to effectively address fraud detection within multinational corporations in Sub-Saharan Africa.

Human Rights and Human Dignity

Economic and social progress and better quality of life are crucial to the human rights situation.WHEN I talk to German friends who have lived in China for a long time-one of them has been in the country for almost 50 years-they confirm what my Chinese friends also tell me:China has become safer,better educated,and more and more open and prosperous.The increase in security also indicates an improvement in legal certainty and progress in the field of human rights.

Talking Justice,the Chinese Way

Western legal scholars learn from China’s approach to justice at a seminar held at Oxford University.Mediation can work better than prosecution and prison.

Research on Current Situation and Legal Regulation of Cosmetics Live Streaming E-commerce in China

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.

Analysis of Standards and Effects of Police Indirect Court of Human Rights——Taking“Akbay and Others v.Germany”as an Example

The European Court of Human Rights(ECtHR)has ruled that illegal indirect entrapment must meet three criteria simultaneously.This mixed standard requires that the previous direct entrapment violates the“essentially passive,”subsequent indirect entrapment satisfies the“reasonable foreseeability,”and police entrapment of secondary defendants to commit crimes is considered“decisive.”The legal consequences of indirect entrapment are distinguished between general indirect entrapment and illegal indirect entrapment.The basic position of the ECtHR on the consequences of illegal indirect entrapment has shifted from supporting mitigating penalties to recognizing procedural dismissal,and general indirect entrapment is considered a mitigating factor in sentencing.Against the backdrop of increasing internationalization of criminal justice standards,the above criteria and positions have strong implications for the improvement of relevant rules in China.

IEC全球影响力基金首个融资合作伙伴韩国技术标准局(KATS)积极应对全球挑战——专访KATS驻IEC联络官员 裵珍奭博士

Can you please briefly introduce the Korean Agency for Technology and Standards(KATS)and the Korean standards system?Ph.D.Jinseok Bae:KATS is a government agency in Korea responsible for national standardization,product safety management,conformity assessment infrastructure,and technical regulation management.KATS consists of 4 Bureaus(Bureau of Standards Policy,Bureau of Product Safety Policy,Bureau of Conformity Policy,and Bureau of Technical Barriers to Trade Affairs)and 21 Divisions and serves as the National Committee(NC)secretariat for both IEC and ISO.Korea operates a legal national standards system based on the Constitution of the Republic of Korea.The standardization system by law is shown in the following figure.