As an effective means of addressing social contradictions,the substantive settlement of administrative disputes refers to the timely,impartial,and effective handling of such disputes.It embodies the essence of the mod...As an effective means of addressing social contradictions,the substantive settlement of administrative disputes refers to the timely,impartial,and effective handling of such disputes.It embodies the essence of the modern governance system enabled by the principles and methodologies of the rule of law.Administrative reconsideration,the main channel for settling administrative disputes,is an inevitable consequence of its effective role in settling such disputes.The efficient adjudication of administrative litigation is an indispensable prerequisite for achieving the substantive settlement of administrative disputes,while the diverse approaches employed in settling these disputes contribute to achieving source governance of such disputes.Along with the efficient adjudication of administrative litigation and the multiple approaches to settling administrative disputes,the effectiveness of administrative reconsideration decisions constitutes a comprehensive system that ensures the substantive settlement of administrative disputes.展开更多
Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights prot...Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights protection exerts a profound impact on the value of legislation and enforcement practices of private international laws in the field of cross-border personality rights infringement in various countries,which is mainly manifested in the integration of substantive justice and the humanistic care concept of protecting the rights of vulnerable groups into formal justice,and expands the development space of human rights protection ideas in cross-border personality rights and tort conflict laws.the diversity of human rights protection values determines that cross-border personality rights infringement may lead to conflicts between personality rights and other basic rights,such as freedom of speech.to reconcile such conflicts,a workable method is to prioritize personality rights protection in accordance with the hierarchy of rights theory in the value judgment of public order reservation or to clarify the limits of the right holder’s tolerance obligation through the limited application of the principle of proportionality.China’s current cross-border personality rights and tort conflict law can optimize the protection of the rights of vulnerable groups by diversifying the options of available legal methods,and establish a balancing mechanism between personality rights and freedom of speech,so as to improve China’s legal protection system for human rights in the field of foreign-related civil and commercial affairs.展开更多
A single crystal of 4,4′ diaminobenzene sulfonanilide(DABSA) was determined by X ray diffraction method. It is shown that the two benzene rings are non planar with an angle of 55 1°. Owing to the non planar...A single crystal of 4,4′ diaminobenzene sulfonanilide(DABSA) was determined by X ray diffraction method. It is shown that the two benzene rings are non planar with an angle of 55 1°. Owing to the non planar configuration, the dyes derived from DABSA possess a lower substantivity on fiber but better permeability in substrate, the color of these azo dyes could be matched by two individual azo dyes locating on both sides of the DABSA molecule.展开更多
The continuous debate on the formal rule of law and the substantive rule of law in the construction of the rule of law in China not only affects the understanding of the connotation of the rule of law in China,but als...The continuous debate on the formal rule of law and the substantive rule of law in the construction of the rule of law in China not only affects the understanding of the connotation of the rule of law in China,but also the choice of the path for the development of the rule of law in China.In the new stage of “comprehensively advancing the Law-Based Governance of China”,the process of “comprehensively advancing the Law-Based Governance of China” is also a process of continuously improving the rule of law quality in China.And from this perspective,the relationship between the formal rule of law and the substantive rule of law has got a new meaning.Promoting the substantive rule of law is an important way to realize the development of the rule of law and improve the quality of the rule of law.At the same time,the promotion of the substantive rule of law should follow the “people-centered” nature of the rule of law and the objective is conducive to the promotion of the rule of law and the formation of the “rule of law ecology”.展开更多
In the pilot project of the substantive reform of court trials,“unexpected” judgments appeared constantly because the traditional documentary investigation mode has been replaced by an investigation mode under the p...In the pilot project of the substantive reform of court trials,“unexpected” judgments appeared constantly because the traditional documentary investigation mode has been replaced by an investigation mode under the principle of directness and verbalism. This change in the logic of factual judgments has caused a change in the methods of evidence examination. In traditional evidence examination, evidence obtained from investigations is supposed to be genuine and reliable. In the substantive reform of court trials, it is presumed that evidence obtained from investigations cannot be fully trusted and it is easier to ascertain the facts of the case by investigating using the principles of directness, verbalism and individualized judging methods for evidence examinations. In practice, there are three main factors affecting the genuineness of evidence: the cognitive rules of testifiers, the motivation of the subjects who provide evidence, and the methods used by investigators to obtain evidence. Based on any one of these three factors, it cannot be concluded that evidence obtained from investigations is superior to evidence presented in court. The substantive court investigation is more advantageous to establishing the facts of a case than the traditional court investigation. The essential characteristics of the substantive reform of court trials are pursuing reality in essence instead of in form, and using the files of the court trials instead of the files of the investigation to avoid the evidence obtained through investigations from playing a decisive role in the adjudication thus making criminal procedures trial-centered rather than investigation-centered.展开更多
This study came to emphasize the importance of health promotion at the present time in all parts of the universe due to the federal movement witnessing the challenges of the Corona virus that originated from the Chine...This study came to emphasize the importance of health promotion at the present time in all parts of the universe due to the federal movement witnessing the challenges of the Corona virus that originated from the Chinese city of Wuhan and spread in all countries of the world with amazing and terrifying speed(for bacterial,parasitic and viral causes)despite the WHO assurances Globalization with a high degree of responsibility,and this was evidenced by the calls and appeals of leaders of health organizations in the world for prevention,awareness,discussions and advice that they gave to all of humanity,as the virus has infected most of the world without exception between developed and developing countries alike.(In his speech,Tiedros Adhanom Gebresus is Secretary-General of the World Health Organization:February 27,2020)As the virus evolved from the respiratory syndrome of the Middle East caused by cats to SARS,who moved between camels to Ebola and then developed to the most dangerous corona,which is transmitted between humans through touch,spray and breath,which has exceeded cases in the world to more than 600,000 patients with a confirmed infection And over 26 countries in the world until March 2020 and from here the researcher eagerly awaits the moment when investors announce their willingness to embrace any innovation related to the recovery from these epidemics.[15].It is a logical result stemming from the feeling of great dismay that has caused mankind in recent times as a result of the outbreak of the Corona epidemic and the massive series of panic in all parts of the globe that left behind and the confusion that made the need to invent vaccines and ways to spread awareness in a timely and instant manner and seize the finest federal concept between the administration and the media related to the accident.The time is“Participate in the comprehensive awareness campaign and the highest levels of caution and caution”To achieve maximum benefit from it in combating,preventing,sterilizing,and identifying the most important pillars upon which it is based,and then showing the health benefits of workers in local organizations with a view to preserving them,and to achieve the desired benefit in sounding the work and promoting it with health by integrating administrative and health concepts with each other and circulating them through disseminating them Seminars and conferences in a manner that achieves the desired goal above:So this effort was divided as follows:Part one:will cover the systematic aspect of the study;The second part:He will be interested in presenting the concept,benefits and pillars of the essential participation;Part Three:He will examine the concepts of health promotion activities for institutions;Part Four:Examination and testing the feasibility of including the concept of substantive participation and activities of the health promotion unit;Part Five:Results,Conclusions and Recommendations.The study recommended the necessity of disseminating the health information in addition to the administrative information in all institutions and segments of society in order to address firmly the prejudiced rumors and ideas aimed at impeding the administrative and health growth in our local institutions.展开更多
Fund gap control, as an important and major managerial technique, has been widely used in western commercial banks (CBs). Good management on fund gap can not only avoid interest rate (IR) risk, but also bring bene...Fund gap control, as an important and major managerial technique, has been widely used in western commercial banks (CBs). Good management on fund gap can not only avoid interest rate (IR) risk, but also bring benefits to CBs. This paper discusses three substantive derivative tools that can be used to control fund gap, that is, interest rate futures, interest rate options and interest rate swap.展开更多
Societal institutions and structures shape particular experiences of socio-economic disadvantage for women.It is not enough to simply extend a fixed bundle of socio-economic rights to women and men alike, but to infus...Societal institutions and structures shape particular experiences of socio-economic disadvantage for women.It is not enough to simply extend a fixed bundle of socio-economic rights to women and men alike, but to infuse such rights with substantive equality. Based on discussing the link between the right to development and socio-economic rights, I discuss how gender inequality shapes particular experiences of socio-economic disadvantage for women, which impede the exercise of their right to development. I examine a potential approach for engendering the right to development which synthesises socio-economic rights and substantive equality to capabilities. Finally, I evaluate the extent to which CEDAW represents this optimal synthesis, albeit with some important limitations.展开更多
Protecting the equal human rights of persons with disabilities is an important part of human rights protection in China.The Marriage law Amendment in 2001 focused on the economic assistance system for divorce relief f...Protecting the equal human rights of persons with disabilities is an important part of human rights protection in China.The Marriage law Amendment in 2001 focused on the economic assistance system for divorce relief for a party unable maintain the local basic standard of living.The Civil Code has adjusted and expanded the system,stipulating that one party can ask for financial help from the other party if the party can’t maintain a reasonable living after divorce.To a certain extent,this economic assistance should include the assistance to the party whose living standard has decreased significantly after divorce and the party who has made more sacrifices and contribution to the marriage during the marriage.Although the economic assistance system for divorce stipulated in the Civil Code does not specifically address unequal treatment or discrimination against women with disabilities,since women with disabilities are more vulnerable after divorce,they are more likely to put forward economic assistance claims after a divorce,be more dependent on others physically and psychologically,and find it more difficult to obtain employment.Social security for women with disabilities is still insufficient and compared with other subjects,women with disabilities are likely to be in an unequal position in the realization of their right to economic assistance in divorce.Therefore,it is necessary to put forward reasonable legal interpretations and application suggestions for the relevant provisions in the Civil Code,so as to fully realize the economic assistance rights of women with disabilities in divorce,and reflect the care and protection of the human rights of women with disabilities in the Civil Code.展开更多
The China-Africa relationship has a solid platform from which to gain momentum in 2011 by Liu Wei The Chinese Government will help African countries to build 50 China-Africa friendship schools,admit 200 middle-and hig...The China-Africa relationship has a solid platform from which to gain momentum in 2011 by Liu Wei The Chinese Government will help African countries to build 50 China-Africa friendship schools,admit 200 middle-and high-level African administrative personnel to MPA programs in China,and train 1,500 school headmasters and teachers for primary,secondary and vocational schools in Africa. The ambitious three-year plan is part of the follow-up action of the Fourth Ministerial Conference of FOCAC(Forum on China-Africa展开更多
The Ecological Environment Code,as a significant legal instrument for the evolution of ecological civilization,possesses both substantive and formal dimensions.First,it aims to serve the national ecological civilizati...The Ecological Environment Code,as a significant legal instrument for the evolution of ecological civilization,possesses both substantive and formal dimensions.First,it aims to serve the national ecological civilization strategy.Second,it elucidates potential pathways for legal interpretation,development of legal rules,and promotion of judicial governance,restraining arbitrary behavior and disorder while facilitating systemic cohesion.The compilation of the Ecological Environment Code unfolds through the main threads of substantive and formal logic.By prioritizing conservation,protection,and restoring the natural environment,resource management,pollution prevention,and ecological protection are coordinated,integrating legislation on ecological protection with management of natural resources and pollution prevention to achieve both"harm avoidance"and"beneficial trends."Employing the formal logical main thread of the structure of the relationship between power and rights,we present four types of norms:ex post facto remedy,hazard prevention,risk prevention,and independent value selection.展开更多
In the course of the drafting, enactment and amendment of the Labor Contract Law of the People's Republic of China, the legal provisions regulating labor dispatch have been tightened up. In practice, however, the lab...In the course of the drafting, enactment and amendment of the Labor Contract Law of the People's Republic of China, the legal provisions regulating labor dispatch have been tightened up. In practice, however, the labor dispatch system is flourishing in a way that defies market trends. The ultimate reason for this is that much of the system goes under the name of human resource outsourcing to bamboozle the public and evade the law, in effect making the legal provisions a dead letter. The result is that the more the industry is regulated, the more it multiplies and the more chaotic it becomes. Based on comparative law research methodology, this article reviews the legal systems relating to labor dispatch in Germany, the US and other countries. It demonstrates and affirms the institutional value of the labor dispatch system, and categorizes its different types. The fundamental cause of the phenomenon of labor dispatch's assumption of the guise of human resource outsourcing is the absence of substantive review. We suggest introducing and perfecting such investigation to stem the industry's deep-seated abuses.展开更多
To guarantee quality in capital cases, the first essential is to ensure substantive justice, which means that there must be no problems with regard to the facts and evidence in the case. In ensuring that there is no q...To guarantee quality in capital cases, the first essential is to ensure substantive justice, which means that there must be no problems with regard to the facts and evidence in the case. In ensuring that there is no qualitative problem with either the facts or the evidence in capital cases, the first consideration is that there should be no chance of an irretrievable error. At the same time, it is necessary to forestall any unforgivable miscarriages of justice. To do this, it is necessary to meet the "criterion of proof" for imposing a death sentence, that is, the requirements for proof. As the requirements for proof can only be guaranteed by adequate procedures, China's Criminal Procedure Law needs to improve its handling of procedures relating to capital cases.展开更多
In this dialogue,Cai Hua and Maurice Godelier ask whether there has been a change in the research entity.This question concerns the representation of the“world of the other”and its impact on the intellectual world s...In this dialogue,Cai Hua and Maurice Godelier ask whether there has been a change in the research entity.This question concerns the representation of the“world of the other”and its impact on the intellectual world since the advent of postmodernism.Cai Hua states that when he was an overseas student in France in the 1980s,he could not see any traces of colonization.The postmodern movement is simply a kind of emotional catharsis and cannot be called“scientific research”in a rigorous sense.As a scientist,if your position is neutral,you cannot see the other in a dichotomous way;the other is simply what you research,and you arenot part of the other.展开更多
The new types of cybercrime have different features from traditional“cumulative crimes.”The application of the relevant provisions of the Criminal Law has run into difficulties,and the relevant theoretical explanati...The new types of cybercrime have different features from traditional“cumulative crimes.”The application of the relevant provisions of the Criminal Law has run into difficulties,and the relevant theoretical explanations of substantive preparatory crime and being an accomplice in crime find it hard to achieve self-consistency.Legislation on the new types of cybercrime is a legitimate response to recent changes in this area.Utilizing the particular techniques of cybercrime and the circumstantial requirement of limiting the amount of criminal harm is the key to satisfying the conditions for offences warranting criminal punishment.The harmfulness of the new types of cybercrime is not great;the law’s circumstantial requirements are flexible,and the criteria for judicial application are unclear,so the law’s provisions are seldom invoked and the sphere of criminal activity is unduly expanded.In order to give full play to the effectiveness of this legislation,we should formulate reasonable judicial rules that accord with the constitution of cybercrimes,narrow down the constituent elements of such crimes in a reasonable way,and categorize and limit the interpretation of circumstantial requirements.展开更多
The relationship between environmental and human rights is very significant. On this basis, humans shall have the right to claim to live in a healthy environment. In China, the study of environmental rights began in t...The relationship between environmental and human rights is very significant. On this basis, humans shall have the right to claim to live in a healthy environment. In China, the study of environmental rights began in the 1980's. After more than thirty years of discussions on environmental rights, there are a series of environmental rights theories in China. However, scholars have not formed a consensus on some fundamental theories of environmental rights. Moreover, some experts consider that environmental rights include substantive environmental rights and procedural environmental rights, whereas others argue that environmental rights only include substantive environmental rights. Furthermore, the nexus and difference between the right to environment and environmental rights are not clear. "Environmental rights" are treated as a broad concept, its scope includes all rights which are related to the environment. They certainly do not only include substantive, but also procedural environmental rights. Even though the introduction of substantive environmental rights has faced both legislative and practical difficulties, the topic has become a central issue in Chinese academic research.展开更多
文摘As an effective means of addressing social contradictions,the substantive settlement of administrative disputes refers to the timely,impartial,and effective handling of such disputes.It embodies the essence of the modern governance system enabled by the principles and methodologies of the rule of law.Administrative reconsideration,the main channel for settling administrative disputes,is an inevitable consequence of its effective role in settling such disputes.The efficient adjudication of administrative litigation is an indispensable prerequisite for achieving the substantive settlement of administrative disputes,while the diverse approaches employed in settling these disputes contribute to achieving source governance of such disputes.Along with the efficient adjudication of administrative litigation and the multiple approaches to settling administrative disputes,the effectiveness of administrative reconsideration decisions constitutes a comprehensive system that ensures the substantive settlement of administrative disputes.
基金the National Social Science Fund Major Project“Research on the Construction of Systems Applicable Outside the Chinese Jurisdiction in the Perspec-tive of Private International Law”(Project Approval Number 20&ZD202)the National Social Science Fund Key Project“Empirical Research on Judges’Discretion in Foreign-related Civil Trials in China”(Project Approval Number 19AFX026).
文摘Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights protection exerts a profound impact on the value of legislation and enforcement practices of private international laws in the field of cross-border personality rights infringement in various countries,which is mainly manifested in the integration of substantive justice and the humanistic care concept of protecting the rights of vulnerable groups into formal justice,and expands the development space of human rights protection ideas in cross-border personality rights and tort conflict laws.the diversity of human rights protection values determines that cross-border personality rights infringement may lead to conflicts between personality rights and other basic rights,such as freedom of speech.to reconcile such conflicts,a workable method is to prioritize personality rights protection in accordance with the hierarchy of rights theory in the value judgment of public order reservation or to clarify the limits of the right holder’s tolerance obligation through the limited application of the principle of proportionality.China’s current cross-border personality rights and tort conflict law can optimize the protection of the rights of vulnerable groups by diversifying the options of available legal methods,and establish a balancing mechanism between personality rights and freedom of speech,so as to improve China’s legal protection system for human rights in the field of foreign-related civil and commercial affairs.
文摘A single crystal of 4,4′ diaminobenzene sulfonanilide(DABSA) was determined by X ray diffraction method. It is shown that the two benzene rings are non planar with an angle of 55 1°. Owing to the non planar configuration, the dyes derived from DABSA possess a lower substantivity on fiber but better permeability in substrate, the color of these azo dyes could be matched by two individual azo dyes locating on both sides of the DABSA molecule.
基金The phased achievements of the Major Project of National Social Science Fund of China“A Study on the Civil Law Spirit and the People-Centered Model of the Construction of Socialist Rule of Law Culture”(14ZDC022)
文摘The continuous debate on the formal rule of law and the substantive rule of law in the construction of the rule of law in China not only affects the understanding of the connotation of the rule of law in China,but also the choice of the path for the development of the rule of law in China.In the new stage of “comprehensively advancing the Law-Based Governance of China”,the process of “comprehensively advancing the Law-Based Governance of China” is also a process of continuously improving the rule of law quality in China.And from this perspective,the relationship between the formal rule of law and the substantive rule of law has got a new meaning.Promoting the substantive rule of law is an important way to realize the development of the rule of law and improve the quality of the rule of law.At the same time,the promotion of the substantive rule of law should follow the “people-centered” nature of the rule of law and the objective is conducive to the promotion of the rule of law and the formation of the “rule of law ecology”.
文摘In the pilot project of the substantive reform of court trials,“unexpected” judgments appeared constantly because the traditional documentary investigation mode has been replaced by an investigation mode under the principle of directness and verbalism. This change in the logic of factual judgments has caused a change in the methods of evidence examination. In traditional evidence examination, evidence obtained from investigations is supposed to be genuine and reliable. In the substantive reform of court trials, it is presumed that evidence obtained from investigations cannot be fully trusted and it is easier to ascertain the facts of the case by investigating using the principles of directness, verbalism and individualized judging methods for evidence examinations. In practice, there are three main factors affecting the genuineness of evidence: the cognitive rules of testifiers, the motivation of the subjects who provide evidence, and the methods used by investigators to obtain evidence. Based on any one of these three factors, it cannot be concluded that evidence obtained from investigations is superior to evidence presented in court. The substantive court investigation is more advantageous to establishing the facts of a case than the traditional court investigation. The essential characteristics of the substantive reform of court trials are pursuing reality in essence instead of in form, and using the files of the court trials instead of the files of the investigation to avoid the evidence obtained through investigations from playing a decisive role in the adjudication thus making criminal procedures trial-centered rather than investigation-centered.
文摘This study came to emphasize the importance of health promotion at the present time in all parts of the universe due to the federal movement witnessing the challenges of the Corona virus that originated from the Chinese city of Wuhan and spread in all countries of the world with amazing and terrifying speed(for bacterial,parasitic and viral causes)despite the WHO assurances Globalization with a high degree of responsibility,and this was evidenced by the calls and appeals of leaders of health organizations in the world for prevention,awareness,discussions and advice that they gave to all of humanity,as the virus has infected most of the world without exception between developed and developing countries alike.(In his speech,Tiedros Adhanom Gebresus is Secretary-General of the World Health Organization:February 27,2020)As the virus evolved from the respiratory syndrome of the Middle East caused by cats to SARS,who moved between camels to Ebola and then developed to the most dangerous corona,which is transmitted between humans through touch,spray and breath,which has exceeded cases in the world to more than 600,000 patients with a confirmed infection And over 26 countries in the world until March 2020 and from here the researcher eagerly awaits the moment when investors announce their willingness to embrace any innovation related to the recovery from these epidemics.[15].It is a logical result stemming from the feeling of great dismay that has caused mankind in recent times as a result of the outbreak of the Corona epidemic and the massive series of panic in all parts of the globe that left behind and the confusion that made the need to invent vaccines and ways to spread awareness in a timely and instant manner and seize the finest federal concept between the administration and the media related to the accident.The time is“Participate in the comprehensive awareness campaign and the highest levels of caution and caution”To achieve maximum benefit from it in combating,preventing,sterilizing,and identifying the most important pillars upon which it is based,and then showing the health benefits of workers in local organizations with a view to preserving them,and to achieve the desired benefit in sounding the work and promoting it with health by integrating administrative and health concepts with each other and circulating them through disseminating them Seminars and conferences in a manner that achieves the desired goal above:So this effort was divided as follows:Part one:will cover the systematic aspect of the study;The second part:He will be interested in presenting the concept,benefits and pillars of the essential participation;Part Three:He will examine the concepts of health promotion activities for institutions;Part Four:Examination and testing the feasibility of including the concept of substantive participation and activities of the health promotion unit;Part Five:Results,Conclusions and Recommendations.The study recommended the necessity of disseminating the health information in addition to the administrative information in all institutions and segments of society in order to address firmly the prejudiced rumors and ideas aimed at impeding the administrative and health growth in our local institutions.
文摘Fund gap control, as an important and major managerial technique, has been widely used in western commercial banks (CBs). Good management on fund gap can not only avoid interest rate (IR) risk, but also bring benefits to CBs. This paper discusses three substantive derivative tools that can be used to control fund gap, that is, interest rate futures, interest rate options and interest rate swap.
文摘Societal institutions and structures shape particular experiences of socio-economic disadvantage for women.It is not enough to simply extend a fixed bundle of socio-economic rights to women and men alike, but to infuse such rights with substantive equality. Based on discussing the link between the right to development and socio-economic rights, I discuss how gender inequality shapes particular experiences of socio-economic disadvantage for women, which impede the exercise of their right to development. I examine a potential approach for engendering the right to development which synthesises socio-economic rights and substantive equality to capabilities. Finally, I evaluate the extent to which CEDAW represents this optimal synthesis, albeit with some important limitations.
基金The phased research results under the theme“Value Judgment and Application Criteria of Divorce Property Division and Divorce Relief System in The Civil Code:Based on Safeguarding Women’s Human Rights”(CSHRS2020-21YB)a ministerial-level project of the China Society for Human Rights Studies in 2020
文摘Protecting the equal human rights of persons with disabilities is an important part of human rights protection in China.The Marriage law Amendment in 2001 focused on the economic assistance system for divorce relief for a party unable maintain the local basic standard of living.The Civil Code has adjusted and expanded the system,stipulating that one party can ask for financial help from the other party if the party can’t maintain a reasonable living after divorce.To a certain extent,this economic assistance should include the assistance to the party whose living standard has decreased significantly after divorce and the party who has made more sacrifices and contribution to the marriage during the marriage.Although the economic assistance system for divorce stipulated in the Civil Code does not specifically address unequal treatment or discrimination against women with disabilities,since women with disabilities are more vulnerable after divorce,they are more likely to put forward economic assistance claims after a divorce,be more dependent on others physically and psychologically,and find it more difficult to obtain employment.Social security for women with disabilities is still insufficient and compared with other subjects,women with disabilities are likely to be in an unequal position in the realization of their right to economic assistance in divorce.Therefore,it is necessary to put forward reasonable legal interpretations and application suggestions for the relevant provisions in the Civil Code,so as to fully realize the economic assistance rights of women with disabilities in divorce,and reflect the care and protection of the human rights of women with disabilities in the Civil Code.
文摘The China-Africa relationship has a solid platform from which to gain momentum in 2011 by Liu Wei The Chinese Government will help African countries to build 50 China-Africa friendship schools,admit 200 middle-and high-level African administrative personnel to MPA programs in China,and train 1,500 school headmasters and teachers for primary,secondary and vocational schools in Africa. The ambitious three-year plan is part of the follow-up action of the Fourth Ministerial Conference of FOCAC(Forum on China-Africa
文摘The Ecological Environment Code,as a significant legal instrument for the evolution of ecological civilization,possesses both substantive and formal dimensions.First,it aims to serve the national ecological civilization strategy.Second,it elucidates potential pathways for legal interpretation,development of legal rules,and promotion of judicial governance,restraining arbitrary behavior and disorder while facilitating systemic cohesion.The compilation of the Ecological Environment Code unfolds through the main threads of substantive and formal logic.By prioritizing conservation,protection,and restoring the natural environment,resource management,pollution prevention,and ecological protection are coordinated,integrating legislation on ecological protection with management of natural resources and pollution prevention to achieve both"harm avoidance"and"beneficial trends."Employing the formal logical main thread of the structure of the relationship between power and rights,we present four types of norms:ex post facto remedy,hazard prevention,risk prevention,and independent value selection.
文摘In the course of the drafting, enactment and amendment of the Labor Contract Law of the People's Republic of China, the legal provisions regulating labor dispatch have been tightened up. In practice, however, the labor dispatch system is flourishing in a way that defies market trends. The ultimate reason for this is that much of the system goes under the name of human resource outsourcing to bamboozle the public and evade the law, in effect making the legal provisions a dead letter. The result is that the more the industry is regulated, the more it multiplies and the more chaotic it becomes. Based on comparative law research methodology, this article reviews the legal systems relating to labor dispatch in Germany, the US and other countries. It demonstrates and affirms the institutional value of the labor dispatch system, and categorizes its different types. The fundamental cause of the phenomenon of labor dispatch's assumption of the guise of human resource outsourcing is the absence of substantive review. We suggest introducing and perfecting such investigation to stem the industry's deep-seated abuses.
文摘To guarantee quality in capital cases, the first essential is to ensure substantive justice, which means that there must be no problems with regard to the facts and evidence in the case. In ensuring that there is no qualitative problem with either the facts or the evidence in capital cases, the first consideration is that there should be no chance of an irretrievable error. At the same time, it is necessary to forestall any unforgivable miscarriages of justice. To do this, it is necessary to meet the "criterion of proof" for imposing a death sentence, that is, the requirements for proof. As the requirements for proof can only be guaranteed by adequate procedures, China's Criminal Procedure Law needs to improve its handling of procedures relating to capital cases.
文摘In this dialogue,Cai Hua and Maurice Godelier ask whether there has been a change in the research entity.This question concerns the representation of the“world of the other”and its impact on the intellectual world since the advent of postmodernism.Cai Hua states that when he was an overseas student in France in the 1980s,he could not see any traces of colonization.The postmodern movement is simply a kind of emotional catharsis and cannot be called“scientific research”in a rigorous sense.As a scientist,if your position is neutral,you cannot see the other in a dichotomous way;the other is simply what you research,and you arenot part of the other.
文摘The new types of cybercrime have different features from traditional“cumulative crimes.”The application of the relevant provisions of the Criminal Law has run into difficulties,and the relevant theoretical explanations of substantive preparatory crime and being an accomplice in crime find it hard to achieve self-consistency.Legislation on the new types of cybercrime is a legitimate response to recent changes in this area.Utilizing the particular techniques of cybercrime and the circumstantial requirement of limiting the amount of criminal harm is the key to satisfying the conditions for offences warranting criminal punishment.The harmfulness of the new types of cybercrime is not great;the law’s circumstantial requirements are flexible,and the criteria for judicial application are unclear,so the law’s provisions are seldom invoked and the sphere of criminal activity is unduly expanded.In order to give full play to the effectiveness of this legislation,we should formulate reasonable judicial rules that accord with the constitution of cybercrimes,narrow down the constituent elements of such crimes in a reasonable way,and categorize and limit the interpretation of circumstantial requirements.
文摘The relationship between environmental and human rights is very significant. On this basis, humans shall have the right to claim to live in a healthy environment. In China, the study of environmental rights began in the 1980's. After more than thirty years of discussions on environmental rights, there are a series of environmental rights theories in China. However, scholars have not formed a consensus on some fundamental theories of environmental rights. Moreover, some experts consider that environmental rights include substantive environmental rights and procedural environmental rights, whereas others argue that environmental rights only include substantive environmental rights. Furthermore, the nexus and difference between the right to environment and environmental rights are not clear. "Environmental rights" are treated as a broad concept, its scope includes all rights which are related to the environment. They certainly do not only include substantive, but also procedural environmental rights. Even though the introduction of substantive environmental rights has faced both legislative and practical difficulties, the topic has become a central issue in Chinese academic research.