The Criminal Governance Model of Domestic Violence and Its Legislative Improvement

Domestic violence is a serious threat to the basic human rights of family members,especially victimized women.In order to effectively prevent domestic violence,the criminal law needs to respond in an appropriate and timely manner.However,the traditional criminal governance model suffers from the problem of the lagging involvement of public power.At the same time,the public-private partnership governance model,based on the personal safety protection order system stipulated in the Anti-domestic Violence Law of the People's Republic of China,is also flawed in its institutional design and specific implementation.The criminal governance model for domestic violence should be guided by the view of positive criminal law,and the governance path should be furtheroptimized from two aspects:strengthening the foundation of the public-private cooperation governance model and deepeningthe criminal-civil interface.This will help to fully protect the legitimate rights and interests of victims of domestic violence.

The Three Principles of Institutional Safeguards for Women's Participation in Legislation in China

The participation of women in legislation is an important aspect and means of safeguarding women’s rights.Feminist theory,based on criticism of both the“citizenship identity theory as rights”and the“citizenship identity theory as responsibilities,”proposes the“citizenship identity theory as subjectivity.”Observing the current practice of women’s participation in legislation in China,two institutional safeguard principles can be summarized:the“minimum proportion”and the“influence evaluation.”However,each of these principles has its inherent limitations.Therefore,it is necessary to supplement them with the principle of“subjective participation”in a reflective manner.This principle requires women to participate substantively in the legislative process as subjects,express women’s needs and demands,input women’s perspectives and experiences,and reconstruct the distribution of rights and responsibilities in the existing legislation.The three principles complement each other and work together to comprehensively constitute the institutional structure of women’s participation in legislation,thereby promoting the reproduction of corresponding action structures.

Palliative care with adequate pain relief challenges the need for euthanasia legislation

Background:In today’s society the ongoing discussion about euthanasia triggers emotionally charged debates surrounding the delicate balance between valuing life and respecting an individual’s autonomy.With the persistence of this debate,there has been the emergence of the concept of the so-called alternative:palliative care.Positioned as a substitute for euthanasia,palliative care aims to alleviate suffering in terminally ill patients without engaging in the ethical dilemmas associated with euthanasia.Methods:This paper explores the facets of palliative care highlighting its core objectives such as providing adequate pain relief as a compassionate alternative to euthanasia.Results:By examining palliative care as a comprehensive approach to end of life support,this study challenges the perceived necessity of euthanasia and advocates,for compassionate and dignified end of life experiences.Conclusion:In conclusion,palliative care emerges as a viable and ethically sound alternative to euthanasia,emphasizing the importance of compassionate end-of-life care and pain management.

How Behaviors and Certain Events Influence Legislative Language

Legal language is a pretty formal language.As part of legal language,legislative language has all the basic features of legal language and legislative language has an accurate,plain,solemn,rigorous style.People interprete legislative language and act in accordance with laws.On the contrary,behaviors and certain events also influence the characteristics of legislative language,even trigger some conflicts with it.Confronted with some advantaged influence,legislators have to make some compromises or change the characteristics of legislative language.However,legislators should adhere to remain represantations of laws to resist disadvantaged impacts.As a result,it is need to research how behaviors and certain events influence legislative language.

A Study on the Pre-legislative Evaluation System under the Deepening Reform

In the historical period of the all-round deepening reform,China has entered a new era of“deepening the practice of governing the country by law”.With the fifth amendment of the Constitution,the legislative power of local government has been further confirmed.The expansion of local legislative power has put forward new requirements for the legislative quality,and the pre-legislative evaluation system has thus come into being.The deficiency of the design of the pre-legislative evaluation system in Article 39 of The Legislative Law makes certain problems in the detailed rules of implementation,the subject of evaluation,the object of evaluation and the personnel of the pre-legislative evaluation system in China.Therefore,it is the only way to perfect the pre-legislative evaluation system in China to formulate a national pre-legislative evaluation implementation rules,define the subject of third-party evaluation,determine the scope of evaluation objects and select the suitable evaluation personnel.

Impact of Smoke-Free Legislation on Acute Myocardial Infarction and Subtypes of Stroke Incidence in Shenzhen,China,2012-2016:An Interrupted Time Series Analysis

Objective This study assesses the impact of smoke-free legislation on the incidence rate for acute myocardial infarction(AMI)and stroke in Shenzhen.Methods Data on ischemic(n=72,945)and hemorrhagic(n=18,659)stroke and AMI(n=17,431)incidence covering about 12 million people in Shenzhen from 2012 to 2016 were used.Immediate and gradual changes in incidence rates were analyzed using segmented Poisson regression.Results Following the smoke-free legislation,a 9%(95%CI:3%-15%)immediate reduction was observed in AMI incidence,especially in men(8%,95%CI:1%-14%)and in those aged 65 years and older(17%,95%CI:9%-25%).The gradual annual benefits were observed only in hemorrhagic and ischemic stroke incidence,with a 7%(95%CI:2%-11%)and 6%(95%CI:4%-8%)decrease per year,respectively.This health effect extended gradually to the 50-64 age group.In addition,neither the immediate nor gradual decrease in stroke and AMI incidence rates did not show statistical significance among the 35-49 age group(P>0.05).Conclusion Smoke-free legislation was enforced well in Shenzhen,which would generate good experiences for other cities to enact and enforce smoke-free laws.This study also provided more evidence of the health benefits of smoke-free laws on stroke and AMI.

The Challenges of Global Climate Change to Green Development and its Legislative Response

Global climate change has swept across every nation,community,business,and individual on the planet. It is essential to find a fundamental solution to address climate change from a broader perspective. Climate change legislation should followthe principle of the sustainable development,polluter pays principle,the principle of the common but differentiated responsibilities as well as the principle of subsidiarity. Under the guidance of the four basic principles of legislation,the international field should build the legal system of the global climate governance,China should formulate special"the act of addressing climate change".

The Legal Conflicts, the Legislative Vacancies and the Legislative Lags in the Chinese Environmental Legal System

The inconsistency and disharmony in China’s environmental legal system are seriously undermining the authority and effectiveness of environmental laws, making it hard to achieve the national environmental legislative goals. It is found in this study that at least 18 administrative regulations and rules conflict with the five recently-revised environmental laws. The legislative vacancy rate of province-level environmental laws reaches 27.8%, and that of city-level environmental laws in the major cities reaches 59.7%. Besides, 66% of the local including both province-level and city-level environmental laws have the problem of legislative lags, with an average lag of 2547.8 days. In addition, there are many legal conflicts between national environmental laws and local environmental laws. In order to help China to build a harmonious and unified environmental legal system, some suggestions are proposed in this study, including comprehensively examining the lower-level environmental laws, strengthening the leading role of local people’s congresses in environmental legislation, improving the construction of filing and review mechanism, and optimizing the mechanisms for information disclosure and public participation.

Legislative Countermeasures for Preventing and Controlling Water Pollution in Water-deficient Regions

The shortage of water resources is severe in Beijing. The shortage of eco-environmental water and the sewage discharge over the environmental capacity are main bottlenecks that restrict the improvement of water environment. The reuse of wastewater could not only reduce the discharge of pollutants,but it could also increase the consumption of eco-environmental water. Therefore the reuse of wastewater is an important approach to improve the water environmental quality. Combined with the formulation process of Regulations of Beijing on Prevention and Control of Water Pollution,the current situations of prevention and control of water pollution in Beijing,the discharge of pollutant,water environmental quality,the population and economic development and water resources and so on were analyzed. And the bottlenecks that restricted the improvement of water environmental quality were found. And the necessity of solving the control of water pollution by reusing the wastewater and ensuring the consumption of eco-environmental water was analyzed from the perspective of the control of water pollution. And some legislative countermeasures were put forward,which provided new ideas for solving the problem of the prevention and control of water pollution and improving the water environmental quality. It was of important reference values for local governments（ especially water-deficient regions） to make relative polices or plans of water pollution control and water environmental protection.

Rethinking of the Chinese Approach to Physician Apology Legislation: From the Legislative Dilemma of Transplantation

Physician apology legislation has gradually become a new legislative measure to resolve medical conflicts and repair doctor-patient relationship in many countries outside the region. In almost all cases using voice, to calm analysis found that the legislation of our country doctors apologize transplantation may face an apology from responsibility way to large span, dispute resolution mechanism from the free will to the legislative mandate disorders significantly, from general to special legislation difficulties facing a predicament, and make an apology may make doctors in passive in the moral, intensifies the doctor-patient conflicts, etc. In order to resolve the dilemma and establish a physician apology system adapted to China’s national conditions, we should weaken the concept of apology liability through education, incorporate the elements of apology into the mediation mechanism of medical disputes, take the regulations on prevention and handling of medical disputes as a legislative breakthrough, and widely implement the patient safety system.

Dualistic Perspective of Legislative Background Data

The charm of the legislative background data lies in its duality of being able to build a bridge between the practical field of legislation and judicature and the theoretical field of academic research. Proper application of legislative background data is an important criterion to distinguish between professionals and the public. On the application of legislative background data, from the legislative point of view, legislators need to use the conclusions and reasons of the value judgments formed around the opinions of the proponents as the basis for criticism and argumentation, reaching a minimal consensus through power; from the perspective of interpretivism, the judge needs to focus on the legislator's existing law text and legislative background information to give explanation as the basis for future amendments, reaching maximum consensus through power. On searching the legislative background data, different searching paths and methods could be exploited in the distinction between the text data recorded by the recorder and the audio-visual data recorded by the expositor. The enlightenment obtained from legislative background data should be used for the construction and perfection of the wisdom and intelligence of the court. The judges should be the ideological assistants of the legislators. The search for enlightenment from legislative background data can be conducted from three perspectives, namely cognition, arrangement, and disclosure. Therefore, legislative background data should be standardized by law.

Complementary and alternative medicine in European countries legislative framework

Complementary and alternative medicine(CAM)is a set of different diagnostic and therapeutic procedures,as well as the use of natural products for the treatment of patients,derived from previously known traditional methods and enriched with modern scientific knowledge.The present article reviews the available data regarding the use of CAM and the legislation behind it in European countries.The use of CAM is recorded in Europe as a whole and varies between 1070%of the population of individual European countries.At least 300,000 registered CAM providers have been identified in the European Union(EU),of which slightly more than half includes non-medical practitioners.The most practiced discipline is acupuncture,followed by homeopathy.CAM regulation and legislation in Europe is not precisely defined and is constantly striving to find a common approach.Since legal frameworks for CAM are not defined,each European country has its own regulations and legislation.In order to define universal legislation for CAM,the EU created the CAMbrella project,a project of the EU designed to find a unique system that would include the treatment of CAM in Europe.According to the data from CAMbrella,from 39 countries in the EU,17 have general CAM legislations.The status of CAM in Europe is characterized by enormous heterogeneity in all aspects,including terminology,methods,prevalence and ultimately,legal status,regulations and legislation.

On the Legislative Process of the Right to Be Forgotten

In the big data era,the pursuit of the right to be forgotten arises from the data subject’s desire to request the removal of his/her personal data.Although the right to be forgotten is hotly debated at the global level,there is a paucity of research into the legislative process of this right.This study aims to scrutinize how legislation on the right to be forgotten evolves in different countries.First,the origin and development of the right to be forgotten are expounded by analyzing the legislation on and the major legislative interpretation of the right.Second,the elements of this right are determined and examined by dissecting the right.Last but not least,the nature of this right is probed into and illustrated.It is found that the soundness of a legal framework for data protection varies from country to country,which indicates that the institutional basis for the right to be forgotten differs markedly.Thereby,countries shall decide whether to legislate to protect the right to be forgotten based on their practicalities.Moreover,according to Article 17 of the General Data Protection Regulation(GDPR),the right to be forgotten is composed of the subject of right(data subject),the subject of obligation(data controller),the object of right(personal data),and the content of right(all links to the personal data,etc.,must be deleted by the subject of obligation at the request of the subject of right).Furthermore,there are three typical views about the nature of this right based on scholars’divergent opinions on the relationship among the right to be forgotten,personality rights,rights in personal information,and the right to privacy.It is concluded that countries that do not enjoy mature legislative conditions should not grant the right to be forgotten legal status,although it has been enshrined in law by partial countries with sound legal systems.In addition,the defects in the right’s four elements remain to be remedied before it could be legally acknowledged.Finally,the right to be forgotten,in terms of its nature,should be classified as rights in personal information,which are part of personality rights.

Legislative Impact on Significance of RES in the Latvian Energy Market

Latvia is a new European Union country, with 20-year experience in the efforts to develop the energy policy that would favour reliable supply of the state with energy and promote its effective and rational utilization. The energy law should take into consideration the technological progress and increasing energy consumption as well as the poorly regulated sphere of production and utilization. At present, new regulations are needed, as the existent ones have become outdated and unable to ensure stable development of the energy sector. However, the lack of experience and sometimes external influence could lead to a situation when the new law would not be conducive to the industrial development but vice-versa-would slow it down. Since Latvia has been confronted by counterproductive laws, it is highly important to estimate beforehand the future impact of legislation on the state economy. On issue of for the country is now to guarantee-by force of law-the optimal share of renewable energy in the national energy mix. The objective set within the framework of European Union policy is to achieve a 40% share of renewable energy by 2020; therefore, it is necessary to work out a separate law concerning the RES （renewable energy sources）. The new RES law is to regulate support and to promote increase in the share of renewable. However, there are many influencing factors--not clearly specified outlooks for the energy sector and national economy development, the interests of energy importers, lobbying, etc.; these factors can make the RES law not only ineffective but even negatively affecting the RES share stability in the state energy balance. It is therefore essential, before the law has been adopted, to thoroughly analyze it so that the optimal variant is accepted.

Approach to the Legislative Problem of the Recycling Economy in Kunming

This paper takes Kunming as an example, analyzes the reasons and advantages that Kunming badty needs to make local laws and regulations of recycling economy. Initiation and assist of the government and formulation of the corresponding laws and regulations are issues deserved to pay close attention to. Some plain suggestions for the local legislation of recycling economy are put forward.

Some Apocalypses of Legislative Model National Auditing to China

National Auditing is established to sustain the Superstructure and supervise the economic order. In this article, the relative content and basic characters of Legislative Model National Auditing will be analyzed and evaluated. Some apocalypses which are useful to the auditing reformation of our country hope to find.

The Present Situation and Trend of Development of China's Legislative Disclosure System

The legislative disclosure system is one of the important parts of the amendment of the Legislation Law in 2015. This shows that the role of the legislative disclosure system in improving the quality of legislation is catching more and more attention. Apart from the Legislation Law, local regulations of provinces and municipalities have also made a positive contribution to the perfection of the legislative disclosure system, leading the Legislation Law in many specific processes and specific measures, and playing the role of legislative exploration and experimentation. To summarize the new development of the legislative disclosure system on the part of the Legislation Law and local legislative practice is of important theoretical and practical value for promoting the continued maturity and improvement of this important legislative system.

The Constitutional Analysis of Human Rights Legislative Protection

The paths for applying the international human rights conventions in China should be recognized as follows: On the premise of respecting the Constitution of China, systematic human rights which could coordinate the relationship between the Constitution of China and international human rights conventions. The source of the human rights legislation obligations of the legislative organs of China is the Constitution of China, not the international human rights conventions. The legislature should understand and grasp the main contents of the human rights legislation obligations of the legislature according to Paragraph 3 of Article 33 of the Constitution while the interpretation of this clause must be based on the relevant provisions of the international human rights conventions. Human rights legislative obligations of the legislature can be classified into two types: legislative protecting obligations and legislative relief obligations of human rights. The NPC and its Standing Committee should be structurally responsible for the human rights legislation obligation, and the State Council and other organs of the State not for the legislation protection of human rights. A special human rights law should be enacted by the NPC.

Legislative Protection for Women's Rights and Interests after the Founding of the People's Republic of China

The process of legislative protection for women’s rights and interests of the new China can be divided into two phases: The first phase is from the establishment of the People’s Republic of China to the adoption of the policy of reform and opening up to the outside

Recommendations on legislative and regulatory framework and regulatory body of nuclear security in China

This paper describes the definition of nuclear security that has been changing from the cold war age to the post-911 period, and clarifies the close relationship and yet a clear distinction between nuclear security, nuclear safety and nuclear safeguard. Based on analyses of the current state of nuclear security activities in China as well as the requirements and the law infrastructure, a legislative and regulatory framework of nuclear security and the mandate of a regulatory body in China are recommended.