The popularity of flexible working hours around the world has slowed down the historical trend of reducing working hours.It even shows signs of regression.Whether and how to guide the cur-rent society with flexible wo...The popularity of flexible working hours around the world has slowed down the historical trend of reducing working hours.It even shows signs of regression.Whether and how to guide the cur-rent society with flexible working hours to return to the historical track of reducing working hours,improve the quality of working hours,and promote a smooth transition from the era of traditional standard work-ing hours to the era of flexible working hours has become a question related to the legal regulation of working hours in the new era.In this regard,although Western countries have proposed new regulatory concepts and carried out legislative practices with distinctive charac-teristics,the limitations of legal regulation capabilities have prevented them from proposing a package of institutional solutions.The advan-tage of China in the ability of legal regulation of working hours has been gradually formed in the legislation on working hours unnder the leadership of the CPC in the past century.It enables China to break through the limitations of the West and propose a Chinese approach to answer the question of the legal regulation of working hours in the new era from three aspects:limiting the extension of working hours,improving the quality of flexible working hours,and optimizing the funnctions of the multi-funnctional regulatory system for working hours.展开更多
How "the rights and interests in the intellectual property rights of the scientists and technicians should be protected and the entity achieving the service-related technological results should remunerate, under ...How "the rights and interests in the intellectual property rights of the scientists and technicians should be protected and the entity achieving the service-related technological results should remunerate, under law, those achieving the service-related technological results and those making outstanding contribution to the transfer of the technological results" are important issues encountered in China in its efforts to improve its innovation capacity and build up a new nation. The current legal system in...展开更多
Hospital Gunshots On the morning of April 17,2016,in front of the People’s Hospital of Linying County of Henan Province,a number of relatives of a dead child cried incessantly,hung banners and posted the child’s pho...Hospital Gunshots On the morning of April 17,2016,in front of the People’s Hospital of Linying County of Henan Province,a number of relatives of a dead child cried incessantly,hung banners and posted the child’s photos in front of the hospital.展开更多
Study of the general theory of law,as an independent branch of legal research,originated in Germany in the mid to late 19th century,and thereafter became a widely propagated and well-developed subject in countries suc...Study of the general theory of law,as an independent branch of legal research,originated in Germany in the mid to late 19th century,and thereafter became a widely propagated and well-developed subject in countries such as the UK and the US.Scholars from the Soviet Union combined the general theory of law with Marxist philosophy and adapted it from an analytical legal theory to a social legal theory.The inheritance and development of the general theory of law in China went through three stages.Specifically,from the 1950s to the early 1960s,the jurisprudence community fully adopted the legal theories promoted by the Soviet Union;from the early 1980s to the late 1990s,the studies reflected upon past theories and sought advancement;and from the late 1990s to present,research has adopted a more open and innovative approach.In addition,the philosophy of law and other interdisciplinary subjects have gradually become dominant research paradigms.A review and compilation based on the evolution of theories of legal relations showed that the study of the general theory of law in China is closely associated to the historical rate of progress of the practice of rule of law and jurisprudence in China.The overall framework of the research is deeply influenced by the model of“theories of the Soviet+civil-law prototypes”.In addition,the research methods have evolved from investigations utilizing a single approach to processes combining various approaches.The general theory of law is far from a“relic of history,”and corresponding in-depth research is recommended for future jurisprudence study in China.展开更多
As the civil law expression of internet plus transactions, the legal relations in online trading platform transactions constitute a complex aggregate of legal relationships composed of groups of legal relations. Speci...As the civil law expression of internet plus transactions, the legal relations in online trading platform transactions constitute a complex aggregate of legal relationships composed of groups of legal relations. Specifically, they consist of three basic interlinked legal relationships： Contract relations for online trading platform services between the platform provider and the seller or service provider, and between the platform provider and the consumer. This includes the sales or service contract relations between the triad of the seller, the service provider and the consumer. These relations contain five kinds of major content, viz., the provision of transaction space, the publishing of transaction information, price escrow payment, distribution and delivery of the commodity, and transaction credit evaluation. They involve three forms of supplementary legal relations： the supplementary contract relationship between the platform provider and a third party payment institunon; between the seller and third party credit reporting agency; and between the seller and a logistics enterprise. The three forms of supplementary contractual legal relations are set up to act on the major contents of the basic legal relationships in online transactions. On the basis of the online trading platform service contract relationships between the platform provider and the triad of the seller, the service provider and the consumer, the flow of the above- mentioned legal relations centers on the contract of sales or service set up between the seller, the service provider and the consumer to accomplish the aim of the online transaction, meet social needs and boost economic development.展开更多
"Basic law+separate laws"and codification are the two modes countries worldwide adopted for enacting environmental legislation in line with their national circumstances and legal traditions.Following the goa..."Basic law+separate laws"and codification are the two modes countries worldwide adopted for enacting environmental legislation in line with their national circumstances and legal traditions.Following the goal of establishing a modern environmental governance system,the mode"moderate codification"should be China's choice for compiling an environmental code."Moderate codification"is a dynamic and open substantive code-compiling mode.Based on idea changes and method innovations,it builds a basic logic system with the goal value as the core and the tool value as the technical method.An environmental code following the"moderate codification"mode can use the structure of"General-Specifics."The General Part"extracts common factors"and elaborates the legislative purposes,basic principles,management rules and lead measures that dominate the overall situations and are universally applicable.Then each Specific Part(they form Specifics)compiles and integrates the relevant prevailing laws and regulations,and further regulate environmental factors.Therefore,the cornerstone concept ofeco-environment"'should be defined and the environmental legal relationships should be clarified."Environmental code"derives from"dual source-of-law"and considers sustainable development as its value goal,takes the"eco-environment"as its cornerstone concept,and regards the legal relationship as its systematic tool for constructing its framework system.展开更多
基金funded by the National Social Science Fund of China (Western Region Program)“Research on Improving the Quality of Legislation in China on Rest and Vacation from a Global Perspective”(Project Approval Number:19XFX014)。
文摘The popularity of flexible working hours around the world has slowed down the historical trend of reducing working hours.It even shows signs of regression.Whether and how to guide the cur-rent society with flexible working hours to return to the historical track of reducing working hours,improve the quality of working hours,and promote a smooth transition from the era of traditional standard work-ing hours to the era of flexible working hours has become a question related to the legal regulation of working hours in the new era.In this regard,although Western countries have proposed new regulatory concepts and carried out legislative practices with distinctive charac-teristics,the limitations of legal regulation capabilities have prevented them from proposing a package of institutional solutions.The advan-tage of China in the ability of legal regulation of working hours has been gradually formed in the legislation on working hours unnder the leadership of the CPC in the past century.It enables China to break through the limitations of the West and propose a Chinese approach to answer the question of the legal regulation of working hours in the new era from three aspects:limiting the extension of working hours,improving the quality of flexible working hours,and optimizing the funnctions of the multi-funnctional regulatory system for working hours.
文摘How "the rights and interests in the intellectual property rights of the scientists and technicians should be protected and the entity achieving the service-related technological results should remunerate, under law, those achieving the service-related technological results and those making outstanding contribution to the transfer of the technological results" are important issues encountered in China in its efforts to improve its innovation capacity and build up a new nation. The current legal system in...
文摘Hospital Gunshots On the morning of April 17,2016,in front of the People’s Hospital of Linying County of Henan Province,a number of relatives of a dead child cried incessantly,hung banners and posted the child’s photos in front of the hospital.
基金the phased achievement of an ongoing project sponsored by the“Qian Duansheng Support Plan for Outstanding Scholars of China University of Political Science and Law”.
文摘Study of the general theory of law,as an independent branch of legal research,originated in Germany in the mid to late 19th century,and thereafter became a widely propagated and well-developed subject in countries such as the UK and the US.Scholars from the Soviet Union combined the general theory of law with Marxist philosophy and adapted it from an analytical legal theory to a social legal theory.The inheritance and development of the general theory of law in China went through three stages.Specifically,from the 1950s to the early 1960s,the jurisprudence community fully adopted the legal theories promoted by the Soviet Union;from the early 1980s to the late 1990s,the studies reflected upon past theories and sought advancement;and from the late 1990s to present,research has adopted a more open and innovative approach.In addition,the philosophy of law and other interdisciplinary subjects have gradually become dominant research paradigms.A review and compilation based on the evolution of theories of legal relations showed that the study of the general theory of law in China is closely associated to the historical rate of progress of the practice of rule of law and jurisprudence in China.The overall framework of the research is deeply influenced by the model of“theories of the Soviet+civil-law prototypes”.In addition,the research methods have evolved from investigations utilizing a single approach to processes combining various approaches.The general theory of law is far from a“relic of history,”and corresponding in-depth research is recommended for future jurisprudence study in China.
文摘As the civil law expression of internet plus transactions, the legal relations in online trading platform transactions constitute a complex aggregate of legal relationships composed of groups of legal relations. Specifically, they consist of three basic interlinked legal relationships： Contract relations for online trading platform services between the platform provider and the seller or service provider, and between the platform provider and the consumer. This includes the sales or service contract relations between the triad of the seller, the service provider and the consumer. These relations contain five kinds of major content, viz., the provision of transaction space, the publishing of transaction information, price escrow payment, distribution and delivery of the commodity, and transaction credit evaluation. They involve three forms of supplementary legal relations： the supplementary contract relationship between the platform provider and a third party payment institunon; between the seller and third party credit reporting agency; and between the seller and a logistics enterprise. The three forms of supplementary contractual legal relations are set up to act on the major contents of the basic legal relationships in online transactions. On the basis of the online trading platform service contract relationships between the platform provider and the triad of the seller, the service provider and the consumer, the flow of the above- mentioned legal relations centers on the contract of sales or service set up between the seller, the service provider and the consumer to accomplish the aim of the online transaction, meet social needs and boost economic development.
文摘"Basic law+separate laws"and codification are the two modes countries worldwide adopted for enacting environmental legislation in line with their national circumstances and legal traditions.Following the goal of establishing a modern environmental governance system,the mode"moderate codification"should be China's choice for compiling an environmental code."Moderate codification"is a dynamic and open substantive code-compiling mode.Based on idea changes and method innovations,it builds a basic logic system with the goal value as the core and the tool value as the technical method.An environmental code following the"moderate codification"mode can use the structure of"General-Specifics."The General Part"extracts common factors"and elaborates the legislative purposes,basic principles,management rules and lead measures that dominate the overall situations and are universally applicable.Then each Specific Part(they form Specifics)compiles and integrates the relevant prevailing laws and regulations,and further regulate environmental factors.Therefore,the cornerstone concept ofeco-environment"'should be defined and the environmental legal relationships should be clarified."Environmental code"derives from"dual source-of-law"and considers sustainable development as its value goal,takes the"eco-environment"as its cornerstone concept,and regards the legal relationship as its systematic tool for constructing its framework system.
