Constitutional consciousness is a general term for citizens＇ knowledge, opinions, ideas and thinking about the Constitution. It not only drives the implementation of the Constitution and the development of democratic...Constitutional consciousness is a general term for citizens＇ knowledge, opinions, ideas and thinking about the Constitution. It not only drives the implementation of the Constitution and the development of democratic politics and the rule of law, but also serves as an indicator for the extent of the rule of law. In the course of social change, constitutional consciousness constitutes an inner spiritual force within the constitutional order. It is a force for change in itself, especially as ＂a cultural soft power＂ that remolds normative judgments and value bases. A stable and mature constitutional consciousness provides a foundation for the benign operation of social change. Over the past 60 years, the development of Chinese society has followed a tortuous path, but due to citizens＇ constitutional consciousness the 1954 and 1982 Constitutions were always vehicles and forces for social cohesion and harmony. The way to improve supervision of constitutional implementation is to truly make rule of law thinking centered on constitutional consciousness into the basic value consensus of citizens and different groups at the level of the nation, the government and society. Adhering to the concept of the supremacy of the Constitution and exploring ways and means of adopting a more reasonable, pragmatic and open approach to its implementation will provide a solid constitutional foundation for the full implementation of governing the country according to law and will advance the construction of a rule of law China.展开更多
The development history of human society as a whole is actually a history of human communication. The communication in legal culture plays a significant role in all activities of human communication. Over century'...The development history of human society as a whole is actually a history of human communication. The communication in legal culture plays a significant role in all activities of human communication. Over century's legal development and progress of China since the late of Qing Dynasty provide a meaningful example for the communication in legal culture of human society. However, the understanding and discussions of many problems in the academic field of Chinese law have been in a state of unawareness subject, that is,the state of lacking the subjective awareness of culture,which in large degree cause the fact that modern Chinese legal science or Chinese jurists have not entered into the legal culture communication of human as a subject of communication with awareness. In the history of world legal development,the communication in different legal cultures is realized through five forms of borrowing,succession,transplant,integration and combination. The essence of the communication in legal culture is relevance and transformation of reality and expected as well as regionalization and universality and an interacting process of developing from regionalization to universality and the universality is composed of regionalization. Without the subjective awareness of culture,it is difficult to set up the status of culture subject,to correctly understand and explain various forms and general regularity of the communication in legal culture and also to positively take part in cultural communication activities. As a result,it is even more difficult to correctly understand and ensure the construction and development of its legal system.展开更多
Environmental public interest litigation by social organizations in China is a field growing in scope and importance. In the past, the standing requirements of article 108 of the Civil Litigation Procedure Act (CLPA 1...Environmental public interest litigation by social organizations in China is a field growing in scope and importance. In the past, the standing requirements of article 108 of the Civil Litigation Procedure Act (CLPA 1991) served as a barrier that limited the development of robust environmental NGO jurisprudence. By analyzing legislative and judicial methods of working around the Article 108 restrictions between 2005 and 2011 in China and presenting an American comparative perspective on the historical development of environmental public interest groups and their goals of limiting pollution and preserving a healthy ecological system through litigation, we will find that the US Constitution Article III 'case or controversy' requirement and the key US Supreme Court cases surrounding environmental public interest litigation NGO standing in many ways parallel the Chinese experience, but the Chinese system certainly maintains its own socialist characteristics. The keys for China as it develops its legislation and case law in the field of environmental public interest litigation are: understanding the widening scope of the term 'relevant organization' in article 55 of the CLPA (2012 Amendment), as amended in the draft by the Standing Committee of National People′s Congress; considering the meaning of the term 'relevant organization' of article 55 of the CLPA (2012 Amendment) in the context of its litigation and procedural natures, but not as a substantive law definition of one kind of legal subjects; and acknowledge the need to consider lessening restrictions on NGOs in this field so that they can develop their skills and contributions to Chinese society.展开更多
基金a phased result of Research on the 30th Anniversary of the Implementation of the Constitution,a program of the Humanities and Social Sciences Planning Fund,Ministry of Education(No.11YJA820021)
文摘Constitutional consciousness is a general term for citizens＇ knowledge, opinions, ideas and thinking about the Constitution. It not only drives the implementation of the Constitution and the development of democratic politics and the rule of law, but also serves as an indicator for the extent of the rule of law. In the course of social change, constitutional consciousness constitutes an inner spiritual force within the constitutional order. It is a force for change in itself, especially as ＂a cultural soft power＂ that remolds normative judgments and value bases. A stable and mature constitutional consciousness provides a foundation for the benign operation of social change. Over the past 60 years, the development of Chinese society has followed a tortuous path, but due to citizens＇ constitutional consciousness the 1954 and 1982 Constitutions were always vehicles and forces for social cohesion and harmony. The way to improve supervision of constitutional implementation is to truly make rule of law thinking centered on constitutional consciousness into the basic value consensus of citizens and different groups at the level of the nation, the government and society. Adhering to the concept of the supremacy of the Constitution and exploring ways and means of adopting a more reasonable, pragmatic and open approach to its implementation will provide a solid constitutional foundation for the full implementation of governing the country according to law and will advance the construction of a rule of law China.
文摘The development history of human society as a whole is actually a history of human communication. The communication in legal culture plays a significant role in all activities of human communication. Over century's legal development and progress of China since the late of Qing Dynasty provide a meaningful example for the communication in legal culture of human society. However, the understanding and discussions of many problems in the academic field of Chinese law have been in a state of unawareness subject, that is,the state of lacking the subjective awareness of culture,which in large degree cause the fact that modern Chinese legal science or Chinese jurists have not entered into the legal culture communication of human as a subject of communication with awareness. In the history of world legal development,the communication in different legal cultures is realized through five forms of borrowing,succession,transplant,integration and combination. The essence of the communication in legal culture is relevance and transformation of reality and expected as well as regionalization and universality and an interacting process of developing from regionalization to universality and the universality is composed of regionalization. Without the subjective awareness of culture,it is difficult to set up the status of culture subject,to correctly understand and explain various forms and general regularity of the communication in legal culture and also to positively take part in cultural communication activities. As a result,it is even more difficult to correctly understand and ensure the construction and development of its legal system.
文摘Environmental public interest litigation by social organizations in China is a field growing in scope and importance. In the past, the standing requirements of article 108 of the Civil Litigation Procedure Act (CLPA 1991) served as a barrier that limited the development of robust environmental NGO jurisprudence. By analyzing legislative and judicial methods of working around the Article 108 restrictions between 2005 and 2011 in China and presenting an American comparative perspective on the historical development of environmental public interest groups and their goals of limiting pollution and preserving a healthy ecological system through litigation, we will find that the US Constitution Article III 'case or controversy' requirement and the key US Supreme Court cases surrounding environmental public interest litigation NGO standing in many ways parallel the Chinese experience, but the Chinese system certainly maintains its own socialist characteristics. The keys for China as it develops its legislation and case law in the field of environmental public interest litigation are: understanding the widening scope of the term 'relevant organization' in article 55 of the CLPA (2012 Amendment), as amended in the draft by the Standing Committee of National People′s Congress; considering the meaning of the term 'relevant organization' of article 55 of the CLPA (2012 Amendment) in the context of its litigation and procedural natures, but not as a substantive law definition of one kind of legal subjects; and acknowledge the need to consider lessening restrictions on NGOs in this field so that they can develop their skills and contributions to Chinese society.
