The decision of local people's congresses to discuss major issues is a basic right granted to local people's congresses by the Chinese Constitution and laws.However,in practice,the implementation of the power ...The decision of local people's congresses to discuss major issues is a basic right granted to local people's congresses by the Chinese Constitution and laws.However,in practice,the implementation of the power of deliberation of major issues by local people's congresses is worrying.By applying the theory of Chinese traditionalism and unity in the theory of law,the theory of"sovereignty in the people"in the social contract theory of Western natural law school,Austin's"legal command theory55 in Western positivist law and Hart's"recognition""Rules theory"to argue that the integrity of rights necessarily involves the dual factors of decision-making and execution.At the same time,the existence and operation of the law always reflects the development of the political system.The realistic political situation requires us to make more precise and meticulous refinement of the external form and specific technical links of the legal system,and to coordinate the rules to make up the legal theory and Conflicts and conflicts in legal practice help to reform social institutions.展开更多
This paper focuses on the bridge council and free ferry services as the private organizers of public infrastructure construction in the Qing Dynasty, uncovers the legal entity ownership system and governance model wit...This paper focuses on the bridge council and free ferry services as the private organizers of public infrastructure construction in the Qing Dynasty, uncovers the legal entity ownership system and governance model with China's native origin, and reveals the attributes and characteristics of ownership by legal entities in China's traditional era. Bridge councils and free ferry services are non-profit and non-government public-interest institutions, whose members were elected by local communities. These councils were responsible for the fundraising, construction, and long-term maintenance and operation of public facilities and infrastructure at the grassroots level. They adopted open and transparent management procedures and could coordinate cross-jurisdictional affairs and mediate disputes. They possessed independent assets such as lands and fund reserves, and such exclusive legal-entity ownership received protection from the government and under the laws. Such form of legal-entity ownership provided the institutional foundation for the development of clans, temples, charitable groups, academies of classical learning, and various associations and societies. These self-organizing groups demonstrate remarkable mobilization and organizational capabilities and institutional creativity of civil society in traditional China. They served as a link between the government and communities and played a unique and active role in maintaining social order at the grassroots level.展开更多
Order comes first in legal values,while laws should maintain the consistency and stability of order.The proposed China's environmental code(Code)shall restate the prevailing environmental legal norms and optimize ...Order comes first in legal values,while laws should maintain the consistency and stability of order.The proposed China's environmental code(Code)shall restate the prevailing environmental legal norms and optimize the prevailing environmental legal order.From the perspective of stabilizing the legal order,common regulations of General Part of the Code should connect with the constitution and the prevailing environmental laws,determine the legal values of the Code-governing environment,and provide the foundation and basic framework for each subsequent part of the Code.Therefore,common regulations of the Code should recognize and support the constitution order and bolster the emerging eco-environment legal order relating to the eco-civilization construction.They should be coherent,value-orientated,and independent,inheriting the general framework of the prevailing Environmental Protection Law of the People's Republic of China(PRC)and other specific environmental laws,and developing the applicable norms.Specifically,consistently with the legislative purposes,the Code common regulations should recognize the objectives of construction of eco-civilization and pursuit of social,economic and ecological sustainable development,and this pursuit should be carried out based on the basic principles;the application scope of"ecological environment"should be redefined in order to maintain the ecological value and overall ecological order;the clause on basic environmental obligations and the clause on citizens'environmental rights should be defined with the national environmental protection obligations as the main thread and the multi-player legal relationship as the framework;and the national environmental protection obligations should be preliminarily delivered with three clauses:national environmental protection financial support,environmental publicity and education,and global environmental governance.展开更多
文摘The decision of local people's congresses to discuss major issues is a basic right granted to local people's congresses by the Chinese Constitution and laws.However,in practice,the implementation of the power of deliberation of major issues by local people's congresses is worrying.By applying the theory of Chinese traditionalism and unity in the theory of law,the theory of"sovereignty in the people"in the social contract theory of Western natural law school,Austin's"legal command theory55 in Western positivist law and Hart's"recognition""Rules theory"to argue that the integrity of rights necessarily involves the dual factors of decision-making and execution.At the same time,the existence and operation of the law always reflects the development of the political system.The realistic political situation requires us to make more precise and meticulous refinement of the external form and specific technical links of the legal system,and to coordinate the rules to make up the legal theory and Conflicts and conflicts in legal practice help to reform social institutions.
文摘This paper focuses on the bridge council and free ferry services as the private organizers of public infrastructure construction in the Qing Dynasty, uncovers the legal entity ownership system and governance model with China's native origin, and reveals the attributes and characteristics of ownership by legal entities in China's traditional era. Bridge councils and free ferry services are non-profit and non-government public-interest institutions, whose members were elected by local communities. These councils were responsible for the fundraising, construction, and long-term maintenance and operation of public facilities and infrastructure at the grassroots level. They adopted open and transparent management procedures and could coordinate cross-jurisdictional affairs and mediate disputes. They possessed independent assets such as lands and fund reserves, and such exclusive legal-entity ownership received protection from the government and under the laws. Such form of legal-entity ownership provided the institutional foundation for the development of clans, temples, charitable groups, academies of classical learning, and various associations and societies. These self-organizing groups demonstrate remarkable mobilization and organizational capabilities and institutional creativity of civil society in traditional China. They served as a link between the government and communities and played a unique and active role in maintaining social order at the grassroots level.
文摘Order comes first in legal values,while laws should maintain the consistency and stability of order.The proposed China's environmental code(Code)shall restate the prevailing environmental legal norms and optimize the prevailing environmental legal order.From the perspective of stabilizing the legal order,common regulations of General Part of the Code should connect with the constitution and the prevailing environmental laws,determine the legal values of the Code-governing environment,and provide the foundation and basic framework for each subsequent part of the Code.Therefore,common regulations of the Code should recognize and support the constitution order and bolster the emerging eco-environment legal order relating to the eco-civilization construction.They should be coherent,value-orientated,and independent,inheriting the general framework of the prevailing Environmental Protection Law of the People's Republic of China(PRC)and other specific environmental laws,and developing the applicable norms.Specifically,consistently with the legislative purposes,the Code common regulations should recognize the objectives of construction of eco-civilization and pursuit of social,economic and ecological sustainable development,and this pursuit should be carried out based on the basic principles;the application scope of"ecological environment"should be redefined in order to maintain the ecological value and overall ecological order;the clause on basic environmental obligations and the clause on citizens'environmental rights should be defined with the national environmental protection obligations as the main thread and the multi-player legal relationship as the framework;and the national environmental protection obligations should be preliminarily delivered with three clauses:national environmental protection financial support,environmental publicity and education,and global environmental governance.
