Based on the overview of concept of returning-home migrant workers' entrepreneurship,the thesis has introduced the features of migrant workers' entrepreneurship,as against other types of entrepreneurship,as fo...Based on the overview of concept of returning-home migrant workers' entrepreneurship,the thesis has introduced the features of migrant workers' entrepreneurship,as against other types of entrepreneurship,as follows. Starting from a low base and multi-level perspective;conducting entrepreneurship in manifold industries,mainly in those labor-intensive enterprises;conspicuous mutual interaction and reversibility are embodied in the group characteristics;the strong driving force of returning-home migrant workers' entrepreneurship comes from their affection for hometown. The process of returning-home migrant workers' entrepreneurship can be divided into three stages,namely returning rush,investing rush,and entrepreneurship rush,on which we give the analysis respectively in terms of the continuous change of social mobility,transformation on the part of the main body of entrepreneurship,and the expansion of industry field concerning entrepreneurship. More over,we have discussed the methods of constructing the legal support system for the returning-home migrant workers' entrepreneurship. Firstly,it needs institutionalization,which is the basis of constructing the legal support system for the returning-home migrant workers' entrepreneurship;secondly,it needs definite guiding ideology as the premise of constructing the legal support system for the returning-home migrant workers' entrepreneurship;thirdly,it needs the precise orientation of target group as the key of constructing the legal support system for the returning-home migrant workers' entrepreneurship;finally,appropriate support methods are the pivot of constructing the legal support system for the returning-home migrant workers' entrepreneurship.展开更多
Both civil&commercial law and economic law are the main legal basis for supervising market behavior and regulating market order.They are indispensable laws in the national economic development and construction.By ...Both civil&commercial law and economic law are the main legal basis for supervising market behavior and regulating market order.They are indispensable laws in the national economic development and construction.By analyzing the relationship between civil&commercial law and economic law in the context of market economy,this article explores the similarities and differences between,and through the perfection and application of the two,China’s social and economic stability and a lasting progress can be better realized under the mechanism of market economy.展开更多
The Arbitration Law of the People’s Republic of China will go into effect on September 1, 1995, which has become the focus of world attention. This is an important law promulgated by China for handling economic dispu...The Arbitration Law of the People’s Republic of China will go into effect on September 1, 1995, which has become the focus of world attention. This is an important law promulgated by China for handling economic disputes. All the parties concerned are making intense preparations for the successful enforcement of the Law. As the first nongovernmental organisation engaged in arbitration affairs, the China Council展开更多
The resource advantage of resourceful region has made the region develop very fast. However because the resource is of exhausting character, this means that the region has hidden troubles of economic depression. The p...The resource advantage of resourceful region has made the region develop very fast. However because the resource is of exhausting character, this means that the region has hidden troubles of economic depression. The paper analyzes the formation of resourceful region and the law of resourceful regions economic development, and then the paper brings forward that the resourceful region has a potential danger of economic depression. Considering Chinas economic development practice, the paper puts forward a basic way of thinking. That is: we must attach importance to the problem of industrial structure when we pay attention to existing resource advantage in order to avoid the simplification of regional industrial structure and to avoid entering a vicious cycle.展开更多
Economic law is a marginal or interdisciplinary academic subject, given its object of study, theoretical elements and theoretical origins. The emergence and development of economic law builds on and transcends civil a...Economic law is a marginal or interdisciplinary academic subject, given its object of study, theoretical elements and theoretical origins. The emergence and development of economic law builds on and transcends civil and commercial laws, administrative laws and other traditional legal departments, making the modern laws cover many legal departments and academic disciplines.展开更多
There are so many different opinions on whether the autonomy of will is applied in labor contract.In this paper,the author discusses the application and limitation of autonomy of will in labor contract,and puts forwar...There are so many different opinions on whether the autonomy of will is applied in labor contract.In this paper,the author discusses the application and limitation of autonomy of will in labor contract,and puts forward some suggestions on the application of Article 43 of Law of the Application of Law for Foreign-related Civil Relationships after the introduction of Chinese legislation of the applicable law of labor contract.Autonomy of will is a useful principle in resolving disputes arising from foreign-related labor contract in China.展开更多
The relationship between social justice and economic law is existed. Economic law is a general term of legal nomas to adjust social relations occurred in the course of state regulation of the economy, so that to prote...The relationship between social justice and economic law is existed. Economic law is a general term of legal nomas to adjust social relations occurred in the course of state regulation of the economy, so that to protect state regulation, and promote social and economic coordination, stability and development. From the view of the generation of the law, economic law is generated after the emergence of the socialization of production and monopoly to protect the public interest. Economic law is bound to reflect social justice in the redistribution process of interests. Legislative intent of economic law to maintain a fair society is reflected through the redistribution process of the interests. Redistribution of the economic law is an important means to achieve social justice.展开更多
This article briefly introduces the history, current situation and characteristics of standardization management education in the School of Business and Administration (SBA), Zhongnan University of Economics and Law...This article briefly introduces the history, current situation and characteristics of standardization management education in the School of Business and Administration (SBA), Zhongnan University of Economics and Law (ZUEL). ZUEL's different levels of standardization education are discussed in detail, including undergraduate students, graduate students, and continuing education training for working professionals. Also ZUEL's teaching style, research foundation, and relative experiences in standardization education are introduced. ZUEL's capacity and characteristics are comprehensively shown and expected further developments in standardization education at ZUEL are provided.展开更多
The development of the technology of network had been of great convenience to get access to information. However, it was undeniable that a bad phenomenon had become even more and more serious that others' information...The development of the technology of network had been of great convenience to get access to information. However, it was undeniable that a bad phenomenon had become even more and more serious that others' information would be obtained by illegal means, and the research on the protection of privacy had increasingly aroused people's concern. The right of privacy not only had the usually outside personality characteristics, but also had a certain characteristics of property. This paper had attempted to study the right of privacy from the perspective of law and economics by interpreting the property in the right of privacy, in order to perfect the protection system of privacy in our country.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
The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,ac...The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,accumulating experience of judicial application in practice.In the current proposed amendment of the Law on the Protection of Women’s Rights and interests,the main issues that should be considered are:First,the legislative purpose of this law should be reviewed to clarify the three legislative positions of the Law on Women’s Rights and interests,in terms of protection,practice and foundation.Second,it is necessary to grasp whether the text content is appropriate and rectify any defects in the existing text.Third,it should explore how to reform and implement specific systems from the micro perspective to improve the specific systems of women’s personal,property,and social rights and interests.Fourth,it should strengthen the systematic interaction with other norms at different levels and implement the principle of gender equality stipulated in the Constitution of the People’s Republic of China.Fifth,attention should be paid to the necessity of invoking the Law in judicial practice,the possibility of operation and the effectiveness of enforcement.The proposed amendment of the Law on the Protection of Women’s Rights and interests should also sum up the experience of local legislation and judicial decisions and improve the quality of judicial application of the law so that is truly responds to the practical needs and challenges of the protection of women’s rights and interests and the implementation of gender equality in the new era.展开更多
We select the per capita gross domestic product and rural residents' per capita net income in Xinjiang as the indicator variables to measure economic growth and farmers' income increase in Xinjiang, respective...We select the per capita gross domestic product and rural residents' per capita net income in Xinjiang as the indicator variables to measure economic growth and farmers' income increase in Xinjiang, respectively. We establish the cointegration equation, the vector error correction (VEC) model, and use the impulse response function to conduct empirical analysis of the evolutive law concerning relationship between economic growth and farmers' income increase in Xinjiang during the period 1978-2010. The results show that there is a cointegration relationship between economic growth in Xinjiang and farmers' income increase; the former plays an important role in promoting the latter, following the evolutive law "first intensify, then abate, intensify again, and finally become stable". We put the following policy recommendations: providing preferential policies for farmers, scientifically and rationally guiding the transfer of rural labor; improving the function of agriculture, increasing the proportion of non-farm income; gradually bridging the widening income gap between urban and rural areas, coordinating urban and rural development.展开更多
This article focuses on two issues. The first concerns definitions of the Northern Sea Route (NSR) in old and new Russian legislation, and the second relates to Russian rules on icebreaker guiding. Based on a compre...This article focuses on two issues. The first concerns definitions of the Northern Sea Route (NSR) in old and new Russian legislation, and the second relates to Russian rules on icebreaker guiding. Based on a comprehensive comparative analysis of relevant Russian legal provisions enacted in 2013 and previous laws in this area, we offer the following conclusions. (1) Our legal analysis indicates that Russia's view of the NSR as a historical national transportation route has not changed. However, the new law redefines the scope and coverage of the NSR, which now comprises the internal waters, territorial sea, adjacent zone, and the exclusive economic zone of the Russian Federation. In fact, the new law resolves previous ambiguity regarding extension of the NSR boundary to the high seas. (2) Based on an analysis of the new rules on icebreaker guiding, the article concludes that NSR is transitioning from a mandatory icebreaker guiding regime into a permit regime. This is particularly evident in its provision of a concrete, practical, and predictable clause on permissible or impermissible conditions relating to independent navigation. According to the new rules, it is possible for foreign ships to undertake independent navigation in the NSR. The Russian NSR policy, therefore, appears to have changed significantly, and has future potential for opening the NSR up to the international community.展开更多
Labor Contract Law receives mixed evaluations since its implementation.The call for the amendment is hot and even some scholars regard it as the"tiger in the road"which hinders the economic development. The ...Labor Contract Law receives mixed evaluations since its implementation.The call for the amendment is hot and even some scholars regard it as the"tiger in the road"which hinders the economic development. The Central Committee of the Communist Party of China pays high attention to the construction of harmonious labor relation and the amendment has been a top priority. Labor Contract Law leads to two"deadlocks"of which the entrepreneurs are afraid. The first one is that the non-fixed term labor contract cannot be cancelled and the second one is that they must pay the economic compensation at the expiration of contract. These two rules hinder the employment enthusiasm of entrepreneurs. The current laws have excessive expectation for the non-fixed term labor contract and too strict regulations; as for the economic compensation at the expiration of contract, it increases the enterprise cost. The amendment of these two articles will benefit the recovery of Chinese economy and make the labor relation more harmonious.展开更多
In the newly revised Environmental Protection Law of the People's Republic of China that has been implemented since January 1,2015,there is a lot of emphasis on environmental economic policies. In this paper,accor...In the newly revised Environmental Protection Law of the People's Republic of China that has been implemented since January 1,2015,there is a lot of emphasis on environmental economic policies. In this paper,according to the current situation of environmental pollution and protection in thermal power industry,it is proposed that based on the new environmental protection law,it is needed to study various environmental economic policies on thermal power industry and analyze the effects on environmental cost of thermal power enterprises at the macro level. At the micro level,it is necessary to control environmental cost of thermal power enterprises effectively,and establish a suitable environmental management system for environmental economic policies including environmental cost accounting and trading of emission rights,thereby improving environmental management level of thermal power enterprises.展开更多
Physician apology legislation has gradually become a new legislative measure to resolve medical conflicts and repair doctor-patient relationship in many countries outside the region. In almost all cases using voice, t...Physician apology legislation has gradually become a new legislative measure to resolve medical conflicts and repair doctor-patient relationship in many countries outside the region. In almost all cases using voice, to calm analysis found that the legislation of our country doctors apologize transplantation may face an apology from responsibility way to large span, dispute resolution mechanism from the free will to the legislative mandate disorders significantly, from general to special legislation difficulties facing a predicament, and make an apology may make doctors in passive in the moral, intensifies the doctor-patient conflicts, etc. In order to resolve the dilemma and establish a physician apology system adapted to China’s national conditions, we should weaken the concept of apology liability through education, incorporate the elements of apology into the mediation mechanism of medical disputes, take the regulations on prevention and handling of medical disputes as a legislative breakthrough, and widely implement the patient safety system.展开更多
countries, and emphasizes that the application of the rules in force represents the weak point of systems in which the competition policy awareness is much needed but still anchored at a rudimentary stage. This is esp...countries, and emphasizes that the application of the rules in force represents the weak point of systems in which the competition policy awareness is much needed but still anchored at a rudimentary stage. This is especially evident when considering that, although such laws have been built up following the European Union model as regards to the forbidden practices, and the US system-with its combination of monetary fines and criminal approach-for the sanctions, the establishment of a legal environment “friendly competition” is far from effective enforcement. After providing an overview of the competition laws passed by the six GCC members, the paper highlights that, notwithstanding the wide arsenal of legal tools to curb possible anticompetitive practices made available under the national regimes, in all countries role and powers of the competition authorities are somewhat underrated. Due to such generalized lack of implementation, the article underlines the need for effective enforcement standards accompanied by a joint harmonized action against illegal competition to be undertaken at regional level in order to facilitate the flow of commerce, and strengthen the economy in the GCC marketplace.展开更多
The lack of descriptions regarding the order of precedence between the local laws of cities with subordinate districts and the regulations of provincial governments in Legislation Law of the People's Republic of C...The lack of descriptions regarding the order of precedence between the local laws of cities with subordinate districts and the regulations of provincial governments in Legislation Law of the People's Republic of China(Legislation Law) has led to two divergent views. One holds that "the local laws of cities with subordinate districts should take precedence over the regulations of provincial governments," while the other supports the exact opposite. This is a value judgment issue in legislation. To reach a solution, we need to clarify the premises based on the characteristics of the laws in question so that a basic common ground can be established for discussion. The first premise for traditional legislation is that a law should be based on experience as well as logic; the second is that the experience of authority subjects, plus the three aspects of logic should outweigh the experience of social subjects, plus the three aspects of logic. With respect to postmodern legislation, the first premise is that experience should override logic, and the second is that the experience of the authority subject should take precedence over that of social subject, with no requirements for logical consistency. Since Legislation Law fal s into the category of postmodern legislation, according to the premises, the argument that the local laws of cities with subordinate districts should take precedence enjoys wider acceptance, but the view is logically challenged in terms of conceptual consistency, system consistency and principle consistency. More studies must be conducted to facilitate the discussion.展开更多
The interdisciplinary approach is both the cause and the result of the synergy that develops between the various branches of Science.Economics lends and borrows tools and methods of analytical approach from other scie...The interdisciplinary approach is both the cause and the result of the synergy that develops between the various branches of Science.Economics lends and borrows tools and methods of analytical approach from other sciences in order to complete its contribution to knowledge.Thus the main economic problem related to the unlimited needs of the people and the limited means that exist to meet these needs begins with the theological teaching of the Old Testament and the expulsion of the protoplasts from the Garden of Eden.Adam Smith’s“Invisible Hand”leading the economy to the optimum level of prosperity is another presentation of the“Invisible Hand”of Divine Providence,as it appears in the works of Thomas Aquinas.In this and in other cases the finding of interdisciplinary analogies leads the researcher to the holistic approach of the knowledge and science of Economics but also of the operation of the society.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
文摘Based on the overview of concept of returning-home migrant workers' entrepreneurship,the thesis has introduced the features of migrant workers' entrepreneurship,as against other types of entrepreneurship,as follows. Starting from a low base and multi-level perspective;conducting entrepreneurship in manifold industries,mainly in those labor-intensive enterprises;conspicuous mutual interaction and reversibility are embodied in the group characteristics;the strong driving force of returning-home migrant workers' entrepreneurship comes from their affection for hometown. The process of returning-home migrant workers' entrepreneurship can be divided into three stages,namely returning rush,investing rush,and entrepreneurship rush,on which we give the analysis respectively in terms of the continuous change of social mobility,transformation on the part of the main body of entrepreneurship,and the expansion of industry field concerning entrepreneurship. More over,we have discussed the methods of constructing the legal support system for the returning-home migrant workers' entrepreneurship. Firstly,it needs institutionalization,which is the basis of constructing the legal support system for the returning-home migrant workers' entrepreneurship;secondly,it needs definite guiding ideology as the premise of constructing the legal support system for the returning-home migrant workers' entrepreneurship;thirdly,it needs the precise orientation of target group as the key of constructing the legal support system for the returning-home migrant workers' entrepreneurship;finally,appropriate support methods are the pivot of constructing the legal support system for the returning-home migrant workers' entrepreneurship.
文摘Both civil&commercial law and economic law are the main legal basis for supervising market behavior and regulating market order.They are indispensable laws in the national economic development and construction.By analyzing the relationship between civil&commercial law and economic law in the context of market economy,this article explores the similarities and differences between,and through the perfection and application of the two,China’s social and economic stability and a lasting progress can be better realized under the mechanism of market economy.
文摘The Arbitration Law of the People’s Republic of China will go into effect on September 1, 1995, which has become the focus of world attention. This is an important law promulgated by China for handling economic disputes. All the parties concerned are making intense preparations for the successful enforcement of the Law. As the first nongovernmental organisation engaged in arbitration affairs, the China Council
文摘The resource advantage of resourceful region has made the region develop very fast. However because the resource is of exhausting character, this means that the region has hidden troubles of economic depression. The paper analyzes the formation of resourceful region and the law of resourceful regions economic development, and then the paper brings forward that the resourceful region has a potential danger of economic depression. Considering Chinas economic development practice, the paper puts forward a basic way of thinking. That is: we must attach importance to the problem of industrial structure when we pay attention to existing resource advantage in order to avoid the simplification of regional industrial structure and to avoid entering a vicious cycle.
文摘Economic law is a marginal or interdisciplinary academic subject, given its object of study, theoretical elements and theoretical origins. The emergence and development of economic law builds on and transcends civil and commercial laws, administrative laws and other traditional legal departments, making the modern laws cover many legal departments and academic disciplines.
文摘There are so many different opinions on whether the autonomy of will is applied in labor contract.In this paper,the author discusses the application and limitation of autonomy of will in labor contract,and puts forward some suggestions on the application of Article 43 of Law of the Application of Law for Foreign-related Civil Relationships after the introduction of Chinese legislation of the applicable law of labor contract.Autonomy of will is a useful principle in resolving disputes arising from foreign-related labor contract in China.
文摘The relationship between social justice and economic law is existed. Economic law is a general term of legal nomas to adjust social relations occurred in the course of state regulation of the economy, so that to protect state regulation, and promote social and economic coordination, stability and development. From the view of the generation of the law, economic law is generated after the emergence of the socialization of production and monopoly to protect the public interest. Economic law is bound to reflect social justice in the redistribution process of interests. Legislative intent of economic law to maintain a fair society is reflected through the redistribution process of the interests. Redistribution of the economic law is an important means to achieve social justice.
文摘This article briefly introduces the history, current situation and characteristics of standardization management education in the School of Business and Administration (SBA), Zhongnan University of Economics and Law (ZUEL). ZUEL's different levels of standardization education are discussed in detail, including undergraduate students, graduate students, and continuing education training for working professionals. Also ZUEL's teaching style, research foundation, and relative experiences in standardization education are introduced. ZUEL's capacity and characteristics are comprehensively shown and expected further developments in standardization education at ZUEL are provided.
文摘The development of the technology of network had been of great convenience to get access to information. However, it was undeniable that a bad phenomenon had become even more and more serious that others' information would be obtained by illegal means, and the research on the protection of privacy had increasingly aroused people's concern. The right of privacy not only had the usually outside personality characteristics, but also had a certain characteristics of property. This paper had attempted to study the right of privacy from the perspective of law and economics by interpreting the property in the right of privacy, in order to perfect the protection system of privacy in our country.
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The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,accumulating experience of judicial application in practice.In the current proposed amendment of the Law on the Protection of Women’s Rights and interests,the main issues that should be considered are:First,the legislative purpose of this law should be reviewed to clarify the three legislative positions of the Law on Women’s Rights and interests,in terms of protection,practice and foundation.Second,it is necessary to grasp whether the text content is appropriate and rectify any defects in the existing text.Third,it should explore how to reform and implement specific systems from the micro perspective to improve the specific systems of women’s personal,property,and social rights and interests.Fourth,it should strengthen the systematic interaction with other norms at different levels and implement the principle of gender equality stipulated in the Constitution of the People’s Republic of China.Fifth,attention should be paid to the necessity of invoking the Law in judicial practice,the possibility of operation and the effectiveness of enforcement.The proposed amendment of the Law on the Protection of Women’s Rights and interests should also sum up the experience of local legislation and judicial decisions and improve the quality of judicial application of the law so that is truly responds to the practical needs and challenges of the protection of women’s rights and interests and the implementation of gender equality in the new era.
基金Supported by Soft Science Project of Science and Technology Department of Xinjiang Uygur Autonomous Region (200942140)
文摘We select the per capita gross domestic product and rural residents' per capita net income in Xinjiang as the indicator variables to measure economic growth and farmers' income increase in Xinjiang, respectively. We establish the cointegration equation, the vector error correction (VEC) model, and use the impulse response function to conduct empirical analysis of the evolutive law concerning relationship between economic growth and farmers' income increase in Xinjiang during the period 1978-2010. The results show that there is a cointegration relationship between economic growth in Xinjiang and farmers' income increase; the former plays an important role in promoting the latter, following the evolutive law "first intensify, then abate, intensify again, and finally become stable". We put the following policy recommendations: providing preferential policies for farmers, scientifically and rationally guiding the transfer of rural labor; improving the function of agriculture, increasing the proportion of non-farm income; gradually bridging the widening income gap between urban and rural areas, coordinating urban and rural development.
基金Marine Science Research Project for Public Welfare "Assessment for Navigability of Arctic Sea Route and Research & Demonstration for Prediction System for Sea Route" (Grant no. 201205007-6)Research Project of Polar Right and Interest, the Department of International Cooperation of the State Oceanic Administration, China
文摘This article focuses on two issues. The first concerns definitions of the Northern Sea Route (NSR) in old and new Russian legislation, and the second relates to Russian rules on icebreaker guiding. Based on a comprehensive comparative analysis of relevant Russian legal provisions enacted in 2013 and previous laws in this area, we offer the following conclusions. (1) Our legal analysis indicates that Russia's view of the NSR as a historical national transportation route has not changed. However, the new law redefines the scope and coverage of the NSR, which now comprises the internal waters, territorial sea, adjacent zone, and the exclusive economic zone of the Russian Federation. In fact, the new law resolves previous ambiguity regarding extension of the NSR boundary to the high seas. (2) Based on an analysis of the new rules on icebreaker guiding, the article concludes that NSR is transitioning from a mandatory icebreaker guiding regime into a permit regime. This is particularly evident in its provision of a concrete, practical, and predictable clause on permissible or impermissible conditions relating to independent navigation. According to the new rules, it is possible for foreign ships to undertake independent navigation in the NSR. The Russian NSR policy, therefore, appears to have changed significantly, and has future potential for opening the NSR up to the international community.
基金Projects of the National Social Science Foundation of China“research on the response of the labor standard under new normal for the group hostility between capital and labor”(15BGL184)
文摘Labor Contract Law receives mixed evaluations since its implementation.The call for the amendment is hot and even some scholars regard it as the"tiger in the road"which hinders the economic development. The Central Committee of the Communist Party of China pays high attention to the construction of harmonious labor relation and the amendment has been a top priority. Labor Contract Law leads to two"deadlocks"of which the entrepreneurs are afraid. The first one is that the non-fixed term labor contract cannot be cancelled and the second one is that they must pay the economic compensation at the expiration of contract. These two rules hinder the employment enthusiasm of entrepreneurs. The current laws have excessive expectation for the non-fixed term labor contract and too strict regulations; as for the economic compensation at the expiration of contract, it increases the enterprise cost. The amendment of these two articles will benefit the recovery of Chinese economy and make the labor relation more harmonious.
基金Supported by the Special Project for Research on Technical Policies on Atmospheric Pollution Reduction in 2016 of Ministry of Environmenta Protection(2016A067)
文摘In the newly revised Environmental Protection Law of the People's Republic of China that has been implemented since January 1,2015,there is a lot of emphasis on environmental economic policies. In this paper,according to the current situation of environmental pollution and protection in thermal power industry,it is proposed that based on the new environmental protection law,it is needed to study various environmental economic policies on thermal power industry and analyze the effects on environmental cost of thermal power enterprises at the macro level. At the micro level,it is necessary to control environmental cost of thermal power enterprises effectively,and establish a suitable environmental management system for environmental economic policies including environmental cost accounting and trading of emission rights,thereby improving environmental management level of thermal power enterprises.
文摘Physician apology legislation has gradually become a new legislative measure to resolve medical conflicts and repair doctor-patient relationship in many countries outside the region. In almost all cases using voice, to calm analysis found that the legislation of our country doctors apologize transplantation may face an apology from responsibility way to large span, dispute resolution mechanism from the free will to the legislative mandate disorders significantly, from general to special legislation difficulties facing a predicament, and make an apology may make doctors in passive in the moral, intensifies the doctor-patient conflicts, etc. In order to resolve the dilemma and establish a physician apology system adapted to China’s national conditions, we should weaken the concept of apology liability through education, incorporate the elements of apology into the mediation mechanism of medical disputes, take the regulations on prevention and handling of medical disputes as a legislative breakthrough, and widely implement the patient safety system.
文摘countries, and emphasizes that the application of the rules in force represents the weak point of systems in which the competition policy awareness is much needed but still anchored at a rudimentary stage. This is especially evident when considering that, although such laws have been built up following the European Union model as regards to the forbidden practices, and the US system-with its combination of monetary fines and criminal approach-for the sanctions, the establishment of a legal environment “friendly competition” is far from effective enforcement. After providing an overview of the competition laws passed by the six GCC members, the paper highlights that, notwithstanding the wide arsenal of legal tools to curb possible anticompetitive practices made available under the national regimes, in all countries role and powers of the competition authorities are somewhat underrated. Due to such generalized lack of implementation, the article underlines the need for effective enforcement standards accompanied by a joint harmonized action against illegal competition to be undertaken at regional level in order to facilitate the flow of commerce, and strengthen the economy in the GCC marketplace.
基金part of the results(presented in stages)of"Research on the Legislative System of Cities with Subordinate Districts"(16XFX004)-a program of National Social Sciences Fund in Western China"Empirical Research on Local Legislation"(16XW16)-a research focus of Sichuan Academy of Social Sciences under a key program launched by the Publicity Department of the CPC Sichuan Provincial Committee
文摘The lack of descriptions regarding the order of precedence between the local laws of cities with subordinate districts and the regulations of provincial governments in Legislation Law of the People's Republic of China(Legislation Law) has led to two divergent views. One holds that "the local laws of cities with subordinate districts should take precedence over the regulations of provincial governments," while the other supports the exact opposite. This is a value judgment issue in legislation. To reach a solution, we need to clarify the premises based on the characteristics of the laws in question so that a basic common ground can be established for discussion. The first premise for traditional legislation is that a law should be based on experience as well as logic; the second is that the experience of authority subjects, plus the three aspects of logic should outweigh the experience of social subjects, plus the three aspects of logic. With respect to postmodern legislation, the first premise is that experience should override logic, and the second is that the experience of the authority subject should take precedence over that of social subject, with no requirements for logical consistency. Since Legislation Law fal s into the category of postmodern legislation, according to the premises, the argument that the local laws of cities with subordinate districts should take precedence enjoys wider acceptance, but the view is logically challenged in terms of conceptual consistency, system consistency and principle consistency. More studies must be conducted to facilitate the discussion.
文摘The interdisciplinary approach is both the cause and the result of the synergy that develops between the various branches of Science.Economics lends and borrows tools and methods of analytical approach from other sciences in order to complete its contribution to knowledge.Thus the main economic problem related to the unlimited needs of the people and the limited means that exist to meet these needs begins with the theological teaching of the Old Testament and the expulsion of the protoplasts from the Garden of Eden.Adam Smith’s“Invisible Hand”leading the economy to the optimum level of prosperity is another presentation of the“Invisible Hand”of Divine Providence,as it appears in the works of Thomas Aquinas.In this and in other cases the finding of interdisciplinary analogies leads the researcher to the holistic approach of the knowledge and science of Economics but also of the operation of the society.
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.