The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the ...The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the Constitution in the sense of positive law.The inclusion of the human rights clauses in the Chinese Constitution itself is an inherent part of the development of China’s socialist constitution,and socialism has already contributed valuable concepts and practices of human rights protection to the modern world in its early stage.The constitutionalization of human rights protection does not necessarily lead to the superiority of international law over the constitutional order of a country,but rather to the convergence of international law and domestic law through the constitutional order.The relevant rules of international law will be effective only when they are transformed into domestic law through the Constitution and the human rights clause in the Constitution.Correspondingly,the domestic legal order is brought into line with the international legal order through the Con-stitution and its human rights clause.Behind the system of fundamen-tal rights in the constitutional order is the value foundation of the en-tire legal system.The advancement of foreign-related rule of law has brought new opportunities for China’s judicial practice to further pro-mote the protection of human rights.In the future,we should further integrate the human rights values embedded in socialism into China’s constitutional practice,enhance human rights protection around the country,and take a more active part in global human rights gover-nance.展开更多
The Moral and Law course serves as a critical platform for educating university students about ideals and beliefs,and it has a significant impact on the effectiveness of ideals and beliefs education.This paper establi...The Moral and Law course serves as a critical platform for educating university students about ideals and beliefs,and it has a significant impact on the effectiveness of ideals and beliefs education.This paper establishes a mechanism through which Moral and Law course teaching influences the effectiveness of ideals and beliefs education and conducts an empirical evaluation.The results reveal that factors such as the relevance and applicability of the teaching content,the integration of theory and practice,the innovation,interactivity,and participation of teaching methods,as well as classroom atmosphere,teaching facilities,and campus culture,all have a significant positive impact on the effectiveness of ideals and beliefs education for university students.展开更多
Rule of law education in primary and secondary schools is an educational process to popularize legal knowledge,establish legal awareness,and cultivate the ability to respect,abide by,and use the law for the special gr...Rule of law education in primary and secondary schools is an educational process to popularize legal knowledge,establish legal awareness,and cultivate the ability to respect,abide by,and use the law for the special group of primary and secondary school students.The research found that rule of law education in primary and secondary schools in Chaoshan has yielded positive outcomes.However,there exist problems such as uneven synergy,incomplete inclusion of teachers and students,shortage of adequately trained professional teachers,and the need for enhanced organizational support.The relevance and effectiveness of rule of law education in primary and secondary schools will be enhanced by clarifying the target tasks,enhancing the effectiveness of the classroom,creating an atmosphere of the rule of law,and strengthening organizational support.展开更多
On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the si...On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the significance of the Universal Declaration of Human Rights,China’s theories and practices in respecting and safeguarding human rights,the three global initiatives and global human rights governance,human rights protection in the digital age,and telling Chinese stories of human rights in the new era.The discussions led to a broad consensus and achieved positive results.展开更多
The teaching quality evaluation system based on data mining technology can accurately and fairly identify the core driving factors to improve teaching quality.This method adopts the analysis of big data correlation ru...The teaching quality evaluation system based on data mining technology can accurately and fairly identify the core driving factors to improve teaching quality.This method adopts the analysis of big data correlation rules,including data collection and processing preparation steps,builds the data warehouse of association rules,and then generates an educational quality evaluation framework using the principle of data mining.Based on this,this paper analyzes the construction design and method of the teaching evaluation system under data mining,hoping to provide help for the improvement of the teaching evaluation system and the improvement of teaching quality.展开更多
The present article aimed to analyze the application of the economic analysis of Law as a reference for the reasoning of judicial decisions.To that end,an analysis was carried out on the definitions of what is hermene...The present article aimed to analyze the application of the economic analysis of Law as a reference for the reasoning of judicial decisions.To that end,an analysis was carried out on the definitions of what is hermeneutics and economic analysis of law,based on the construction of the matrix rule of conduct for public administration.The method of the approach followed was empirical-dialectical,using bibliographic,legislative and jurisprudential research,having a reference to the Law and Economics.展开更多
“法治”(the rule of law)与“依法治国”(the rule by law)的根本区别在于所依之“法”,仅仅用“of”和“by”两个字无法将这两种法律思想和法律实践区别开来。“the rule of law”不能涵盖“法治”的内涵 ,“法治”的英文表述应该是...“法治”(the rule of law)与“依法治国”(the rule by law)的根本区别在于所依之“法”,仅仅用“of”和“by”两个字无法将这两种法律思想和法律实践区别开来。“the rule of law”不能涵盖“法治”的内涵 ,“法治”的英文表述应该是“the rule under natural law”。展开更多
The stock of Bigeye tuna(Thunnus obesus) in the Indian Ocean supports an important international fishery and is considered to be fully exploited. The responsible management agency, the Indian Ocean Tuna Commission(IOT...The stock of Bigeye tuna(Thunnus obesus) in the Indian Ocean supports an important international fishery and is considered to be fully exploited. The responsible management agency, the Indian Ocean Tuna Commission(IOTC), does not have an explicit management decision-making framework in place to prevent over-fishing. In this study, we evaluated three harvest control rules, i) constant fishing mortality(CF), from 0.2 to 0.6, ii) constant catch(CC), from 60000 to 140000 t, and iii) constant escapement(CE), from 0.3 to 0.7. The population dynamics simulated by the operating model was based on the most recent stock assessment using Stock Synthesis version Ⅲ(SS3). Three simulation scenarios(low, medium and high productivity) were designed to cover possible uncertainty in the stock assessment and biological parameters. Performances of three harvest control rules were compared on the basis of three management objectives(over 3, 10 and 25 years): i) the probability of maintaining spawning stock biomass above a level that can sustain maximum sustainable yield(MSY) on average, ii) the probability of achieving average catches between 0.8 MSY and 1.0 MSY, and iii) inter-annual variability in catches. The constant escapement strategy(CE=0.5), constant fishing mortality strategy(F=0.4) and constant catch(CC=80000) were the most rational among the respective management scenarios. It is concluded that the short-term annual catch is suggested at 80000 t, and the potential total allowable catch for a stable yield could be set at 120000 t once the stock had recovered successfully. All the strategies considered in this study to achieve a ‘tolerable' balance between resource conservation and utilization have been based around the management objectives of the IOTC.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
Law is the fundamental method of governance and the rule of law symbolizes modern civilization. The socialist rule of law is the rule of law rooted in the Chinese tradition, and designed and led by the Communist Party...Law is the fundamental method of governance and the rule of law symbolizes modern civilization. The socialist rule of law is the rule of law rooted in the Chinese tradition, and designed and led by the Communist Party of China(CPC). It is not only a tool for government, but also a driver of social progress. Meanwhile, the Chinese human rights system is also designed by the CPC. Both concepts—the socialist rule of law and the human rights system——are different from the West in terms of theory, path and systems. Human rights are the fundamental values of and the ultimate goal pursued by the rule of law; and the rule of law is the recognition of and guarantee for human rights. Efforts must be made to advance legislative, administrative and judicial protection of human rights.展开更多
A new algorithm for mining quantitative association rules with standard SQL is presented. The association rules are evaluated with the sufficiency gene LS of subjectivity Bayes reasoning. This algorithm is proved to b...A new algorithm for mining quantitative association rules with standard SQL is presented. The association rules are evaluated with the sufficiency gene LS of subjectivity Bayes reasoning. This algorithm is proved to be quick and effective with its application in Lujiang insects and pests database.展开更多
The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China (CPC), held in Beijing from October 20 to 23, set the blueprint for rule of law in the world's second-largest economy. Chang ...The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China (CPC), held in Beijing from October 20 to 23, set the blueprint for rule of law in the world's second-largest economy. Chang Jiwena professor with the Institute of Law at the Chinese Academy of Social Sciences, believes the meeting has taken the rule of law to a higher level. Excerpts of his arguments follow:展开更多
The CPC Central Committee with Comrade Hu Jintao as the general secretary puts forward the new concept of socialist rule of law, which is the great ideological and theoretical achievement of China’s reform and openin...The CPC Central Committee with Comrade Hu Jintao as the general secretary puts forward the new concept of socialist rule of law, which is the great ideological and theoretical achievement of China’s reform and opening up and socialist construction. From the concrete connotation, this article analyzes the formation of the socialist rule of law. The unique social and historical conditions, the progress of social civilization, the increasing public awareness of the rule of law, the pursuit and sublimation of the rule of law experience of the ruling party contributed to the establishment and development of the socialist concept of rule of law. At the same time, it is suggested that the rule of law should be popularized in the whole society, and the socialist rule of law can be transformed into the conscious action of the ruling party, state organs, social organizations and all citizens, so that the concept of socialist rule of law will truly attract and benefit the masses. The great practice of the people.展开更多
Association rules and C4.5 rules can overcome the shortage of the traditional land evaluation methods and improve the intelligibility and efficiency of the land evaluation knowledge.In order to compare these two kinds...Association rules and C4.5 rules can overcome the shortage of the traditional land evaluation methods and improve the intelligibility and efficiency of the land evaluation knowledge.In order to compare these two kinds of classification rules in the application,two fuzzy classifiers were established by combining with fuzzy decision algorithm especially based on Second General Soil Survey of Guangdong Province.The results of experiments demonstrated that the fuzzy classifier based on association rules obtain a higher accuracy rate,but with more complex calculation process and more computational overhead;the fuzzy classifier based on C4.5 rules obtain a slightly lower accuracy,but with fast computation and simpler calculation.展开更多
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...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.展开更多
Beyond the existing academic viewpoints, clarifying the scientific meaning of the rule of law in China in the binary interaction between subject and object is the prerequisite for reifying the rule of law in China fro...Beyond the existing academic viewpoints, clarifying the scientific meaning of the rule of law in China in the binary interaction between subject and object is the prerequisite for reifying the rule of law in China from an abstract symbol to a logic in action. The subject dimension of rule of law in China subsumes the legal consciousness, self confidence, independence and self-improvement of the subject. The object dimension of the rule of law in China focuses the relation mode and governance pattern between right and power. In the dimension of time, the rule of law in China is the unification of history and reality of China model. In the dimension of space, the rule of law in China is committed to seeking the right to speech, governance, management and development from the perspective of globalization.展开更多
This paper had started its words from the hot current Umbrella Movement in Hongkong, with putting forward the questions that " What is the democracy? " and " How should the democracy develop? " . And then, it ha...This paper had started its words from the hot current Umbrella Movement in Hongkong, with putting forward the questions that " What is the democracy? " and " How should the democracy develop? " . And then, it had reviewed the historical development of the concept of democracy, on that basis, it had explored the socialist democratic system in China and analyzed the dilemmas in the construction of socialist democracy. And it gave the responses to questions in the beginning of the article and explained the reasons in details. At the last, some notes on the construction of democracy in China' s journey toward rule of law were written in this article.展开更多
The establishment of the right to resistance in the constitutions in western countries has its constitutional background and the original intention of granting the right to the citizens to restore the constitutional o...The establishment of the right to resistance in the constitutions in western countries has its constitutional background and the original intention of granting the right to the citizens to restore the constitutional order so as to prevent the tyranny. It is itself an integral part of the order of the rule of law. However, the establishment of this right itself is not guaranteed by the relevant legal systems. Even in the countries ruled by laws that stipulate the right to resistance of the citizens, the system is a quite threatening "double-edged sword" to the order of the rule of law. If it cannot be well regulated, it will even destroy the rule of law. There^bre, the right to resistance of the citizens has its positive significance to the construction of the rule of law, but its negative significance is inevitable. Especially in the environment of today's China, we should be more cautious to fit the right to resistance into our constitution.展开更多
The symposium on "Comprehensively Advancing Rule of Law and China's Human Rights New Development" was successfully held on April 11,2017 at Southwest University of Political Science and Law The symposium...The symposium on "Comprehensively Advancing Rule of Law and China's Human Rights New Development" was successfully held on April 11,2017 at Southwest University of Political Science and Law The symposium was organized by the China Society for Human Rights Studies and hosted by the Institute of Human Rights at Southwest University of Political Science and Law Representatives from the Commission of Legislative Affairs of the NPC Standing Committee,the Legislative Affairs Office of the State Council,the Ministry of Public Security,the Ministry of Justice,the Supreme People's Court,the Supreme People's Procuratorate and other relevant departments,and experts and scholars from human rights research institutes and colleges and universities conducted in-depth discussions and exchanged views on topics such as the "general theory of rule of law and human rights","scientific legislation and the progress of China's human rights cause","administration by law and the progress of China's human rights cause","judicial justice and the progress of China's human rights cause","concept of rule of law and the progress of China's human rights cause" among other issues展开更多
文摘The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the Constitution in the sense of positive law.The inclusion of the human rights clauses in the Chinese Constitution itself is an inherent part of the development of China’s socialist constitution,and socialism has already contributed valuable concepts and practices of human rights protection to the modern world in its early stage.The constitutionalization of human rights protection does not necessarily lead to the superiority of international law over the constitutional order of a country,but rather to the convergence of international law and domestic law through the constitutional order.The relevant rules of international law will be effective only when they are transformed into domestic law through the Constitution and the human rights clause in the Constitution.Correspondingly,the domestic legal order is brought into line with the international legal order through the Con-stitution and its human rights clause.Behind the system of fundamen-tal rights in the constitutional order is the value foundation of the en-tire legal system.The advancement of foreign-related rule of law has brought new opportunities for China’s judicial practice to further pro-mote the protection of human rights.In the future,we should further integrate the human rights values embedded in socialism into China’s constitutional practice,enhance human rights protection around the country,and take a more active part in global human rights gover-nance.
文摘The Moral and Law course serves as a critical platform for educating university students about ideals and beliefs,and it has a significant impact on the effectiveness of ideals and beliefs education.This paper establishes a mechanism through which Moral and Law course teaching influences the effectiveness of ideals and beliefs education and conducts an empirical evaluation.The results reveal that factors such as the relevance and applicability of the teaching content,the integration of theory and practice,the innovation,interactivity,and participation of teaching methods,as well as classroom atmosphere,teaching facilities,and campus culture,all have a significant positive impact on the effectiveness of ideals and beliefs education for university students.
文摘Rule of law education in primary and secondary schools is an educational process to popularize legal knowledge,establish legal awareness,and cultivate the ability to respect,abide by,and use the law for the special group of primary and secondary school students.The research found that rule of law education in primary and secondary schools in Chaoshan has yielded positive outcomes.However,there exist problems such as uneven synergy,incomplete inclusion of teachers and students,shortage of adequately trained professional teachers,and the need for enhanced organizational support.The relevance and effectiveness of rule of law education in primary and secondary schools will be enhanced by clarifying the target tasks,enhancing the effectiveness of the classroom,creating an atmosphere of the rule of law,and strengthening organizational support.
文摘On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the significance of the Universal Declaration of Human Rights,China’s theories and practices in respecting and safeguarding human rights,the three global initiatives and global human rights governance,human rights protection in the digital age,and telling Chinese stories of human rights in the new era.The discussions led to a broad consensus and achieved positive results.
文摘The teaching quality evaluation system based on data mining technology can accurately and fairly identify the core driving factors to improve teaching quality.This method adopts the analysis of big data correlation rules,including data collection and processing preparation steps,builds the data warehouse of association rules,and then generates an educational quality evaluation framework using the principle of data mining.Based on this,this paper analyzes the construction design and method of the teaching evaluation system under data mining,hoping to provide help for the improvement of the teaching evaluation system and the improvement of teaching quality.
文摘The present article aimed to analyze the application of the economic analysis of Law as a reference for the reasoning of judicial decisions.To that end,an analysis was carried out on the definitions of what is hermeneutics and economic analysis of law,based on the construction of the matrix rule of conduct for public administration.The method of the approach followed was empirical-dialectical,using bibliographic,legislative and jurisprudential research,having a reference to the Law and Economics.
文摘“法治”(the rule of law)与“依法治国”(the rule by law)的根本区别在于所依之“法”,仅仅用“of”和“by”两个字无法将这两种法律思想和法律实践区别开来。“the rule of law”不能涵盖“法治”的内涵 ,“法治”的英文表述应该是“the rule under natural law”。
基金supported by Shanghai Ocean University Graduate School (PhD Dissertation Grant)the National High-tech R&D Program of China (863 Program 2012AA 092303)+3 种基金Project of Shanghai Science and Technology Innovation (12231203900)Industrialization Program of National Development and Reform Commission (2159999)National Key Technologies Research, Development Program of China (2013BAD13B00)Shanghai Universities First-Class Disciplines Project (Fisheries A)
文摘The stock of Bigeye tuna(Thunnus obesus) in the Indian Ocean supports an important international fishery and is considered to be fully exploited. The responsible management agency, the Indian Ocean Tuna Commission(IOTC), does not have an explicit management decision-making framework in place to prevent over-fishing. In this study, we evaluated three harvest control rules, i) constant fishing mortality(CF), from 0.2 to 0.6, ii) constant catch(CC), from 60000 to 140000 t, and iii) constant escapement(CE), from 0.3 to 0.7. The population dynamics simulated by the operating model was based on the most recent stock assessment using Stock Synthesis version Ⅲ(SS3). Three simulation scenarios(low, medium and high productivity) were designed to cover possible uncertainty in the stock assessment and biological parameters. Performances of three harvest control rules were compared on the basis of three management objectives(over 3, 10 and 25 years): i) the probability of maintaining spawning stock biomass above a level that can sustain maximum sustainable yield(MSY) on average, ii) the probability of achieving average catches between 0.8 MSY and 1.0 MSY, and iii) inter-annual variability in catches. The constant escapement strategy(CE=0.5), constant fishing mortality strategy(F=0.4) and constant catch(CC=80000) were the most rational among the respective management scenarios. It is concluded that the short-term annual catch is suggested at 80000 t, and the potential total allowable catch for a stable yield could be set at 120000 t once the stock had recovered successfully. All the strategies considered in this study to achieve a ‘tolerable' balance between resource conservation and utilization have been based around the management objectives of the IOTC.
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Law is the fundamental method of governance and the rule of law symbolizes modern civilization. The socialist rule of law is the rule of law rooted in the Chinese tradition, and designed and led by the Communist Party of China(CPC). It is not only a tool for government, but also a driver of social progress. Meanwhile, the Chinese human rights system is also designed by the CPC. Both concepts—the socialist rule of law and the human rights system——are different from the West in terms of theory, path and systems. Human rights are the fundamental values of and the ultimate goal pursued by the rule of law; and the rule of law is the recognition of and guarantee for human rights. Efforts must be made to advance legislative, administrative and judicial protection of human rights.
文摘A new algorithm for mining quantitative association rules with standard SQL is presented. The association rules are evaluated with the sufficiency gene LS of subjectivity Bayes reasoning. This algorithm is proved to be quick and effective with its application in Lujiang insects and pests database.
文摘The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China (CPC), held in Beijing from October 20 to 23, set the blueprint for rule of law in the world's second-largest economy. Chang Jiwena professor with the Institute of Law at the Chinese Academy of Social Sciences, believes the meeting has taken the rule of law to a higher level. Excerpts of his arguments follow:
文摘The CPC Central Committee with Comrade Hu Jintao as the general secretary puts forward the new concept of socialist rule of law, which is the great ideological and theoretical achievement of China’s reform and opening up and socialist construction. From the concrete connotation, this article analyzes the formation of the socialist rule of law. The unique social and historical conditions, the progress of social civilization, the increasing public awareness of the rule of law, the pursuit and sublimation of the rule of law experience of the ruling party contributed to the establishment and development of the socialist concept of rule of law. At the same time, it is suggested that the rule of law should be popularized in the whole society, and the socialist rule of law can be transformed into the conscious action of the ruling party, state organs, social organizations and all citizens, so that the concept of socialist rule of law will truly attract and benefit the masses. The great practice of the people.
基金Supported by Science and Technology Plan Project of Guangdong Province (2009B010900026,2009CD058,2009CD078,2009CD079,2009CD080)Special Funds for Support Program of Development of Modern Information Service Industry of Guangdong Province(06120840B0370124)Funded Fund Project of South China Agricultural University (2007K017)~~
文摘Association rules and C4.5 rules can overcome the shortage of the traditional land evaluation methods and improve the intelligibility and efficiency of the land evaluation knowledge.In order to compare these two kinds of classification rules in the application,two fuzzy classifiers were established by combining with fuzzy decision algorithm especially based on Second General Soil Survey of Guangdong Province.The results of experiments demonstrated that the fuzzy classifier based on association rules obtain a higher accuracy rate,but with more complex calculation process and more computational overhead;the fuzzy classifier based on C4.5 rules obtain a slightly lower accuracy,but with fast computation and simpler calculation.
文摘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.
文摘Beyond the existing academic viewpoints, clarifying the scientific meaning of the rule of law in China in the binary interaction between subject and object is the prerequisite for reifying the rule of law in China from an abstract symbol to a logic in action. The subject dimension of rule of law in China subsumes the legal consciousness, self confidence, independence and self-improvement of the subject. The object dimension of the rule of law in China focuses the relation mode and governance pattern between right and power. In the dimension of time, the rule of law in China is the unification of history and reality of China model. In the dimension of space, the rule of law in China is committed to seeking the right to speech, governance, management and development from the perspective of globalization.
文摘This paper had started its words from the hot current Umbrella Movement in Hongkong, with putting forward the questions that " What is the democracy? " and " How should the democracy develop? " . And then, it had reviewed the historical development of the concept of democracy, on that basis, it had explored the socialist democratic system in China and analyzed the dilemmas in the construction of socialist democracy. And it gave the responses to questions in the beginning of the article and explained the reasons in details. At the last, some notes on the construction of democracy in China' s journey toward rule of law were written in this article.
文摘The establishment of the right to resistance in the constitutions in western countries has its constitutional background and the original intention of granting the right to the citizens to restore the constitutional order so as to prevent the tyranny. It is itself an integral part of the order of the rule of law. However, the establishment of this right itself is not guaranteed by the relevant legal systems. Even in the countries ruled by laws that stipulate the right to resistance of the citizens, the system is a quite threatening "double-edged sword" to the order of the rule of law. If it cannot be well regulated, it will even destroy the rule of law. There^bre, the right to resistance of the citizens has its positive significance to the construction of the rule of law, but its negative significance is inevitable. Especially in the environment of today's China, we should be more cautious to fit the right to resistance into our constitution.
文摘The symposium on "Comprehensively Advancing Rule of Law and China's Human Rights New Development" was successfully held on April 11,2017 at Southwest University of Political Science and Law The symposium was organized by the China Society for Human Rights Studies and hosted by the Institute of Human Rights at Southwest University of Political Science and Law Representatives from the Commission of Legislative Affairs of the NPC Standing Committee,the Legislative Affairs Office of the State Council,the Ministry of Public Security,the Ministry of Justice,the Supreme People's Court,the Supreme People's Procuratorate and other relevant departments,and experts and scholars from human rights research institutes and colleges and universities conducted in-depth discussions and exchanged views on topics such as the "general theory of rule of law and human rights","scientific legislation and the progress of China's human rights cause","administration by law and the progress of China's human rights cause","judicial justice and the progress of China's human rights cause","concept of rule of law and the progress of China's human rights cause" among other issues