On the Criminal Protection of the Right to Education of Chinese Citizens——With a Review on Article 32 of the Amendment to the Criminal Law(Ⅺ)

The Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China responds to the institutional needs of civic education,and supplements the clause of the Criminal Law on protection of citizens’right to education nuy means of Article 32.Imposing legal responsibility in the form of internal punishments,administrative punishments,and economic compensation have failed to prevent infringements on citizens’right to education.Its role as a"secondary protection law"is the conceptual obstacle that hinders the Criminal Law from effectively intervening in the field of citizens’right to education.The equivalence between the legal interests of people to the right to education and the rights protected by the existing charges in the Criminal Law is the legitimate basis for it to intervene in disputes over the right to education.Based on Article 32 of the Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China,it is suggested to further clarify the prepositional law,improve the liability provisions for the right to education,change the modest and restrained view of the Criminal Law regarding protection of the right to education,and expand the behavior types of Article 32 provided in the Amendment(Ⅺ)in due time.

Goal-Setting in the Information-Generating Environment of the Universe

Problem of goal-setting is related to the fundamental principles of informationology and general, rather than specific, aproaches, which enable a more adequate appraisal of certain managerial decisions in terms of their efficiency. In article this problem is considered and from positions of informationology is formulated and on the basis of a method of full mathematical induction the Law of positive dynamics of the Universe is proved. This law establishes preference of the positive purposes in all processes happening in the Universe. Thus, the goal-setting which is carried out from positions of the described Law is the important world outlook prerequisite searching, identification and development of strategic alternatives of purposeful social innovations.

The Construction of an Academic System for Administrative Law in China

In terms of principle,the intrinsic structural elements of the academic system of Chinese administrative law can be divided into three components:the positive law(de lege lata)system,the theoretical system and the system of methodology.As the foundation of the academic system,positive law mainly consists of the normative and institutional systems of administrative law;as the heart of the academic system,the theoretical system contains the theoretical basis,the system of basic principles and the system of categories of administrative law;and the system of methodology is the link and the conversion mechanism between positive law and the theoretical system,including the three research methods of politicolegal jurisprudence,Rechtsdogmatik(legal dogmatics)and social science jurisprudence.Along with institutional practice and the deepening of doctrine over the past thirty years since the promulgation of the Administrative Procedure Law(1989),the academic system of administrative law in China has been maturing.However,we are conscious that problems still exist.The basic approach to achieving further innovation includes advancing the construction of basic administrative law through codification;enhancing academic quality by jurisprudential thinking;shaping Chinese characteristics by rule of law practice;and carrying forward the whole academic system in a complete form.

The Legal Basis of Delegation of Governmental Powers in a Changing Society

In modern states, the delegation of governmental powers is a common way of executing governmental authority. The delegation of administrative power is widespread under China＇s positive law, but there are problems with inconsistencies in the scope of the delegation, conflicts between delegation under different laws, etc. These problems originate in the weakness of Chinese legal theory on the subject, and especially in the lack of a dynamic interpretation of the historical background to such delegation, the absence of any scientifically constructed theoretical model of delegation, and the lack of effective regulations on delegation in the positive law system. The modern rule of law calls for reconstruction of the legal basis of such delegation against the background of social change. This requires clarifying the determinacy of the agents holding power, the relative division of powers, the overlapping nature of the agents to whom the powers apply, and the social character of the disposition of powers. Determination of the value orientation of system construction for the delegation of governmental powers should be based on limited transfer of governmental powers and functions, should be driven by the removal of obstacles to the exercise of governmental powers, should adopt a strategy of streamlining the execution of governmental powers and should aim at effectively integrating governmental powers.