Dilemma and Solution for Relief in the Right to Equal Employment-From the Perspective of Rectifying Private Law with Social Law

At present,the legal remedies in terms of the right to equal employment in China are mainly related to private law,that is,laborers seek direct legal remedies for personality rights liability and infringement liability according to typical private law,supplemented by indirect remedies for labor contract liability under special private law.However,there are many challenges in private law remedies for the right to equal employment,which are manifested in the misunderstanding of the general tort identification of employment discrimination,the loopholes in the regulations on discriminatory employment,the imbalance in the burden of proof,and the limitation and alienation of the functions of civil liability and private law autonomy.The root of those problems lies in the fact that the nature of anti-employment discrimination law is not private law but social law.Equal employment involves both public and private interests,and it should be based on the public interest of society and adhere to the value orientation of prioritizing fairness while taking into account efficiency.Improving the legal relief mechanism for protecting the right to equal employment,with a focus on correcting private law with social law,is the solution to the dilemma.Specific measures include establishing the special tort liability system for equal employment,the legal mechanism against discriminatory labor contracts,the public-private integrated legal responsibility system,and an essentially fair system for the responsibility of adducing evidence.

“Fundamental Rights and Private Law” in China

The Qi Yuling case is a crucial juncture in the study of “fundamental rights and private law” in China, yet relevant research is underpinned on two clues. The first is that the increasing interest in the “constitutionalization of private law” worldwide provides knowledge resources and reference materials for scholars in China;the second is the understanding and exploration of the judicial application of the Constitution since the 1980s. Among them, such concepts as “the Constitution has direct legal effect” and “the Constitution needs to be implemented by the people” could have directly affected the Qi Yuling case. Focusing on such topics as the case of Qi Yuling, judicial enforcement of the Constitution, and the compilation of the Civil Code, scholars discussed the ways and scope for inclu ding fundamental rights in private law based on their experience abroad. They also looked into specific issues, covering how fundamental rights affect civil acts and the private law effects fundamental rights like personality rights, equali ty rights, freedom of speech, and protection of personal information. In the context of promoting the full implementation of the Constitution in the new era, “fundamental rights and private law” is still a field with great potential in both practice and theory.

The Challenges of Water Pollution, Threat to Public Health, Flaws of Water Laws and Policies in Pakistan

In an era of unprecedented urbanization, population and industrial growth pressure is serious threat for the water management in Pakistan in present days. Water pollution from raw sewage, industrial wastes, and agricultural runoff limited natural fresh water resources in the country. Human health is facing serious problems due to deteriorating drinking water quality. Current review paper provides an insight to the water quality problems in Pakistan with an attempt to emphasize the challenges of water laws enforcement. Although Pakistan has developed many water laws the state of implementation is dominant, intermediate pollution crises are still remaining. We could come to the conclusion that strictly enforcement is compulsory for water environment regulations in Pakistan. Moreover, it is necessary to establish a reliable risk assessment system for water quality, human health and ecological safety.

A Brief Analysis about the Public Property Attribute of the Fiscal and Taxation Law

From the date of birth, the fiscal and taxation law in China is always rooted in Chinese land, Chinese resources and aimed at solving Chinese problem.As a famous scholar on the fiscal and taxation law professor Jianwen liu once said： ＂the fiscal and taxation law is a very important law, it not only involves the entire country macro economic operation but also involves the interests of families and everyone＇s interests.＂This article will combine professor Jianwen Liu＇ s research results in the past two years, from the view of the field of law to discuss why the fiscal and taxation law known as public property.

Vietnamese State Budget Accounting With the Relationships Between the State Budget Law and International Public Sector Accounting Standards （IPSAS）＊ Pham Quang Huy University of Economics, Ho Chi Minh City, Vietnam

For a long time, Vietnam has modifications in all aspects in the society. For many years, Vietnam has improved features in administrative works as well as in different areas, such as public administration, finance, and accounting In the accounting content, budget accounting is an important thing which is worth noting. However, along with the achievements, Vietnam is also facing a number of limitations to be overcome for ensuring transparency in the state budget. Since then, the main purpose of the article is to provide a general picture of budget accounting in Vietnam and what has not been done through finding the relationships with budget regulations and international public sector accounting. The results showed that Vietnam will transform and issue the new law on budget and build up a new model for controlling information published by data accounting system in the future.

The Criminal Law of Public Order as a Guardian of Public Interest in Terrorist Acts Scenario

Promotion of a model of the criminal law of public order represents an important point of reflection in criminal law doctrine. Public order, as a juridical good, has many predispositions to be exposed to criminal activity, and in this point of view, its special protection through criminal law norms constitutes a major concern of criminal legislation objectives. Criminal legislation （as a regulatory and modifying tool within society） is an intelligent social product It is a concrete expression of the important contribution of society in ensuring qualitative and quantitative relations of the model of public order. The latter finds expression as the object of a subjective right, which cannot be divided from the affirmation made by criminal legislation as a primary juridical good. In this context, the model of public order is associated with that of protection of general interest, in the subjective sense of the right to punish （ius puniendO, implemented by state authorities. In their universal meaning, all criminal offences in one way or another affect the normal functioning of public order, but terrorist acts can violate or impinge upon public order more closely and specifically. While affecting the designated model of public order, terrorist crimes put in question the architecture of the rule of law. In response to the mechanisms of terrorist offences, two main criminalization techniques are elaborated： （1） the classical technique of criminalization; and （2] the enumerative technique of criminalization. Criminal sanctions, by which the repression of this criminal vector is carried out, aim at ensuring not only the survival of human society, but also its cardinal values and interests, as well as the technical and scientific progress.

Empirical Test of Wagner＇s law in New Public Management Countries＇ Tax Revenue

The essence of empirical test of Wagner characteristic in new public management countries＇ tax revenue is to test the influence of economic growth on tax growth since new public management movement. Under IMF statistical framework, by using E-G two-step method in co-integration test and Granger causality test and empirically testing of the gross tax revenue and classified tax revenue in Australian, Canada, France, America, Britain these five countries, we can find that most indicators in most countries do not confirm to Wagner＇ s law. With the growth of GDP, tax revenue as a percentage of GDP rises periodically but not permanently. This period can be called the validity period of Wagner＇ s law in financial scale.

Public Welfare Crowdfunding in the Context of the ＂Charity Law＂

The formulation and promulgation of the ＂Charity Law＂ provides the legal basis for various forms of charitable activities, and also makes more and more commonweal activities go forward.And It also provides legal guidelines and direction for the increasingly active but ＂mixed＂ Internet public crowdfunding, and ensures smooth operation. Although the ＂Charity Law＂ still lacks certain aspects of public crowdfunding, it still outweighs its disadvantages and is Respected. Based on the relevant articles of the ＂Charity Law＂, this article elaborates on the ＂Charity Law＂ brought to public welfare crowdfunding from the main bodies of fund-raising, the flow of charity, charity donation and personal assistance.

Landmark Law Provides Equal Safeguards to Public,Private Property

Atier more than a quarter-century of market-oriented economic policies and unprecedented economic growths, China on March 15, 2007enacted its first law that provides equal legal safeguards to both public and private properties. The 247-article People＇s Republic of China Property Law, which is due to come into effect as of October 1, 2007, stipulates that ＂the property of the State, the collecfive, the individual and other obligees shall be protected by law, and no units or individuals may infringe upon it＂.

“私国际法”和“International Private Law”考证

国际私法学科的中英文名称是一个有争议的问题,中文名称"私国际法"和英文名称"International Private Law"就是两例。将"Private International Law"直译为中文"私国际法",违反了术语系统性和一致性的特点,也不符合英汉两种语言之间的句法结构和篇章结构的差异。将德文"Internationalen Privatrechts"直译为英文"International Private Law",违反了术语国际性和一致性的特点。所以,该学科的英文名称应为"Private International Law",也应中译为"国际私法";同时,取消中文名称"私国际法"和英文名称"International Private Law"。

国际私法对“Public Law Taboo”的突破

在全球化时代,调整跨国民商事关系的国际私法中出现了一个较为显著的发展趋势——即国际私法开始突破＂公法禁忌（Public Law Taboo）＂,有关法庭在国际民商事案件中适用外国公法;若干国家的国际私法以及有关国际立法均肯定了外国公法在国际私法案件中的可适用性。

The Hierarchy of Distribution in Private Law

In terms of the theory of the three hierarchies of distribution in economics,private law can be seen as embodying a 2.5th distribution.Primary distribution confers equal objective rights on all private agents,who acquire subjective rights through de facto and de jure acts.The legal environment should be conducive to unleashing the energy and creativity of agents,supporting entrepreneurs,safeguarding competitive neutrality and promoting the mobility of factors of production in order to consolidate the material foundation of common prosperity.Redistribution changes the rules of primary distribution and is an inherent and rightful function of private law.By equalizing the strengths and weaknesses of the interactions of private agents,redistribution is better able to promote self-determination and defend human dignity than public law.Moreover,it enables private law to achieve the national goals of enhancing social welfare and reducing confrontation in the operation of power.Private law lies between redistribution and tertiary distribution,occupying the 2.5th distribution.Its most typical expression is"interference liability,"i.e.,justified harm inflicted in cases of necessity(Aufopferungshaftung).This includes the expansion of the social liability of profitmaking legal persons,the expansion of tort liability,and the limitation of the return of benefits.Private law enables distributive justice to serve as a common basis for the various hierarchies of distribution,incorporating the different values of private law and weighting them differently depending on the circumstances.Distributive justice can also help to transform all private law rules into laws of nature,thus highlighting the neutrality of private law.

The Bridge to a Western Confucianism:Between Legal Theory and Private Law

The aim of this essay is to analyse the future of Confucianism in Western societies or,at least,through the exegesis of Western scholars.To realize this overview definitely means to verify how Confucian thought crossed many contemporary and later theories,especially in juridical fields as the theory of private law and the public comparative law.That system of customary rules and pragmatic ethics did not fail to face the modernity by enlarging its views in the context of much more complex societies:So,a typical phenomenon of Eastern civilities,to the point that it is generally considered the most peculiar inheritance of both Chinese spirituality and administrative political science,became an interesting and suggestive test bench for different starting points.If it is correct to say that this is not a proper nowadays stance(remembering the praise of Leibniz and Voltaire,for instance),it is even more likely that Confucianism will catch the attention of a larger academic audience also in the nearest future and not only narrowing its rise to the enormous economic growth of the Chinese influence and ruling role in the world,directly getting a level of strength not far from the American governance.Unsurprisingly,the first defined approaches to a Western Confucianism,mixing elements from its absolutely unique written or traditional sources and aspects taken from the comparison with other cultures,are still coming from United States’universities,in the scientific field of sinology and,step by step,comparative law’s scholars and legal theorists.This fascinating development that opens up Confucian ethics to a bigger spectre of teachings and belongings is happening while Confucian rituals,temples,and precepts are reaching in modern days China an always more cohesive and aggregating religious phenomenology.The West looks for ideas,while the East is trying to find stability around a metaphysical substructure of common values to prevent conflicts and to keep societies safe.

General Aspects of Financial Law

The aim of this article is to outline the general parts of the legal branch called financial law. It is intended as the first part of a series of articles outlineing the topic in detail. The aim of the submitted contribution is to demonstrate that the financial and legal aspects created the basis of economic development of the regions from the early beginnings of human society. Social relations constituting the subject-matter of the financial law had been developing, changing, and had become established before the financial law itself has been constituted. These relations seem to have been present from the very beginning of the existence of the human society. Regulatory acts associated with regulation of these relationships embodied solidarity and methodological specificities. The specificity of the subject-matter of regulation, solidarity and methodological specificities of the financial, and legal standards sufficiently define superstructure with a natural law character. The superstructure is based on constitutional system of national states after the EU integration has been completed on the EU law. As we can evaluate retrospectively, the transfer of fmanciallaw competencies in Brussels was a failiure. Since the political union was established through the Lisbon treaty in 2009 the European sovereign debt crisis emerged and ravaged the EU until today.

Cosmopolitan Democracy and Democratic Public Law

Cosmopolitan democracy model is presented by David Held, beyond idealistic perspectives of left and right ideologies, mainly with a legal view, and found a global impact. As a prominent theorist in the field of democracy studies, David Held, by integrating the principle of autonomy in the model of constitutional democracy with the principle of participation in the model of participatory democracy, introduces a novel composition named ＂cosmopolitan democracy＂ that is a conception of democratic legal relations. Held is the first man who seeks to investigate democracy separated from the ideological models in relation to general human rights and identifies main areas of power in human life. He considers totally seven sets of rights necessarily enabling people to enjoy a free and equal participation in setting their communities. These rights include： right to health, welfare rights, cultural rights, civil rights, economic rights, political rights, and the right to enjoy a peaceful livelihood. Held＇s ultimate desire is to realize ideals of cosmopolitan democracy model in the global sphere, beyond the lessons of the West and the East. Through rethinking the theoretical and practical frameworks of this theory in today＇s world, the current paper seeks to study its role in reproducing democratic realism so that it would prepare the ground for the global consensus far from the ideal models.

The Animal Health Law-Regulation EU 2016/429 and the Future of Food Safety and Free Commerce in Europe

The aim of this study was to analyze the contents of Reg.(EU)No.429/2016,and to assess its role in guaranteeing the efficient application of the disease prevention and control rules into member state.Furthermore,the authors evaluated the impact of the abovementioned Regulation on the legislation on public health and food safety already in force in Europe(Regulations EC No.178/2002,No.882/2004,No.853/2004)and considered the global impact of the new rules on the effective functioning of the internal market.The study pays attention also to the TFEU(treaty of lisbon on the functioning of the European union)procedure to delegate to the commission the power to adopt non-legislative acts of general application that supplement or amend certain non-essential elements of a legislative act.

Conflict： Efficient State or State Under the Rule of Law？-- The Hungarian Case of the Victory of the Efficient State over the State Under the Rule of Law

This study is seeking an answer as to whether the efficient state and the state under the rule of law are indeed irreconcilable, as well as to whether these two categories are by nature to be seen as contrary concepts. The basic issue is whether efficiency is to be handled as an ＂extralegal＂ category, or whether legal regulation, in accordance with public administration traditions in Europe, can in itself meet the requirement of efficiency. Also the study presents the formation of the issue of conflict between the effective state and the state under the rule of law in Hungary after the election held in 2010 in the practice of economic policy and legislation of the Orban government. We are trying to answer the question of the tendency of power concentration to really menace the principles of a traditionally-formed state under the rule of law, as well as whether the economic policy of the government can be implemented effectively in a strongly centralized political and state administrative system.

Public Security Penalties Law Respects, Protects Human Rights

On August 28, 2005, China＇s highest legislature adopted the Law on Penalties in Respect to Public Security Management （hereinafterrefen＇ed to as the Public Security Penalties Law for short）. The Law, adopted at the 17th meeting of the Standing Committee of the Tenth National People＇s Congress, shall become effective for implementation on March 1, 2006 to replace the Regulations on Penalties in Respect to Public： Security Management （Herein after referred to as the Public Security Penalties Regulations for short） that has been in practice for 18 years.

No country is an island in regulating food safety:How the WTO monitors Chinese food safety laws through the Trade Policy Review Mechanism(TPRM)

Established within the framework of the World Trade Organization （WTO）, the Trade Policy Review Mechanism （TPRM） reviews periodically the trade policies of all WTO Members. The review includes many aspects of food safety regulation. China＇s trade policy is reviewed every two years. This paper analyses in detail the reviews of China＇s trade policy in 2006, 2008, 2010, 2012 and 2014. It focuses in particular on food safety laws and types of standards, alignment of domestic standards with international standards, the role of different domestic institutions, transparency and notification of food safety measures under the WTO agreements on Sanitary and Phytosanitary Measures （SPS） and on Technical Barriers to Trade （TBTAgreement）, import and export, and geographical indications （GIs）. It concludes that the WTO TPRM can contribute, within its mandate, to reform of Chinese food safety laws and improvement of food safety in China. it notes that China has already undertaken substantial reforms of its system for regulating food safety. It recommends that China should continue to participate actively in the TPRM, follow its own path with regard to alignment and learn selectively from other WTO Members.