On Autonomy of Will and the Applicable Law of Labor Contract:From the Perspective of Chinese Legislation

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.

Improvement of Legislation System of Protecting Women’s Rights and Interests in China——Taking the Amendment of the Law on the Protection of Women’s Rights and Interests as an Opportunity

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.

A Research of the Finding and Distribution Law of Taisui in Modern China

The academic world is still uncertain about the classification of Taisui. It is debating whether Taisui is living or not, myxomycete complex or fungi. The passage studies the 228 finding reports of Taisui in modern China. It confirms that the first finding time of Taisui in modern China is 1963, and the first reported time is 1992. Taisui has been found in 25 administrative divisions. Taisui occurs the most times in Shandong Province. Besides, provinces where Taisui has been found most times are in northern China. Finding locations of Taisui vary from place to place. Taisui is most often found in normal earth layer, with different burying depth. Taisui is mainly found through seeing, tramping, and digging. Taisui findings lack subjective motivations and are connected with the life and production of the finders. Conclusion: Taisui is an object growing in earth layer.

Enforcement of Food Legislation and Its Impact on Food Safety: A Case Study on Food Law Enactment in Mauritius

Foodborne diseases affect human health and cause significant economic loss. Among the proposed mitigating strategies to prevent, or at least, to reduce foodborne diseases were the enactment and proper enforcement of food legislation. In Mauritius (MU), many outbreaks have been reported since the enactment and enforcement of the Food Act 1998 (MU) and Food Regulations 1999 (MU). Therefore, it was high time to re-evaluate the impact of the food law on the pattern of foodborne diseases. The aim of this study was to evaluate how the introduction of the Mauritian food legislation had influenced the pattern of foodborne diseases and its suitability in recent years. Data were collected from the website of the Ministry of Health and Quality of Life of Mauritius from 1990 to 2015 and analysed using nonparametric statistical methods, where required. Results showed that more foodborne disease cases occurred during enforcement of the food legislation than before. The study also found that the food law was consistently enforced over the years, except during epidemics of chikungunya fever and dengue fever. Furthermore, several strengths and weaknesses were identified in the current legislation related to the risk of foodborne diseases. Comparing the Mauritian with the Australian food laws revealed some similarities and differences between the two legislations. This review showed that overall foodborne diseases in Mauritius increased and were not affected by the food law enforcement. Therefore, a revision of the law and its enforcement is necessary to make them more efficient in preventing foodborne diseases.

The Development of China's Intellectual Property Law over the Past Forty Years of Reform and Opening Up

Over the past forty years of reform and opening-up,China has experienced vigorous development of Intellectual Property Law.During this period,it has successively enacted and promulgated a range of basic laws,among which are the Trademark Law of the PRC,the Patent Law of the PRC,the Copyright Law of the PRC and the AntiUnfair Competition Law of the PRC; and many other related laws and regulations,such as the Regulations of the PRC on the Protection of New Varieties of Plants,Regulations on Protection of Integrated Circuit Layout Design and Provisions on the Protection of Geographical Indication Products.In this way,China has gradually established a relatively sound and complete intellectual property law system.Since the beginning of reform and opening-up,China's practice of intellectual property legislation has adhered to its institutional positioning of being subject to its civil law,safeguarding effective market competition and ensuring the implementation of national strategies.It has followed the development rules of relying on scientific & technological progress,targeting economic and social development and adjusting public policies for guiding purposes.Thanks to this,China has formed multiple coordinating mechanisms to settle conflicts of interests between the protection of intellectual property rights(IPR) and the protection of basic human rights,public health,genetic resources,traditional knowledge,etc.In the future development of China's intellectual property law,a trend of codification will emerge,which will primarily "include intellectual property law in the civil code" or "enact an intellectual property code." The modernization of China's Intellectual Property Law will be manifested in the changes of the defining standard of Intellectual Property Rights(IPR)subjects,the utilization patterns of IPR objects and the protection models of intellectual property.This internationalization will center on creating a new order for international IPR protection.

Order of Precedence Between Local Laws of Cities with Subordinate Districts and Regulations of Provincial Governments Clarifying Premises for Discussion Based on the Characteristics of Laws

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.

Rethinking of the Chinese Approach to Physician Apology Legislation: From the Legislative Dilemma of Transplantation

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.

The Third Party Liability of ISP Stipulated in Tort Law of the PRC

The development of third party liability system of Internet Service Provider in China has experienced three periods: the starting period,the transitional period and the forming period. As the law formulated in the forming period,Tort Law of the PRC has higher legal rank and wider regulation scope than former laws in this field. It balances public and private interests. It establishes unified regulations about third party liability of ISP in the field of basic law related to civil affairs. In application of Article 36 of Tort Law,it should be noticed that this article is liability component,and it defines only one form of infringement liability-contributory infringement. No classification of ISP is presented in this article.

From Well-being-oriented Legislation to Democracy-oriented Legislation——An analysis of law making trend in socialist China

A socialist legal system with distinct Chinese features has taken shape in 2010 as required by the general objective of the ＂rule of law＂ strategy and legislation work put forward by the Party＇s 15th national congress. Up to the present,China has already made 237 laws,including the Constitution,699 administrative decrees and regulations and more than 8,600 local laws and regulations.1 They cover seven legal regimes,three tiers of laws. Laws concerning human rights are an important component

The Human Rights Legislation Practices of the Communist Party of China During the War of Liberation

During the War of Liberation,the liberated areas,under the leadership of the Communist Party of China,kept deepening and developing the concepts and ideas of protecting human rights,promulgated a series of human rights laws and related administrative programs,and put them into practice.The contents included not only the political rights of citizens but also their economic,social,and cultural rights,with emphasis on the protection of the rights to subsistence and development.The human rights legislation in the liberated areas has a wartime and class-based nature due to its social environment.It reflects the transition of the Communist Party of China from a revolutionary party to a ruling party on the historical stage.It played an important role in directing,advancing,and promoting the progress of democracy and the rule of law at that time and accumulated experience for the human rights legislation after the founding of the People’s Republic of China.History proves that the Communist Party of China has always been a political party dedicated to fighting for the human rights of the Chinese people,and only the Communist Party of China can lead China’s human rights development to a deeper level.

Intangible Property: Protection of Virtual Property in Electronic Games in China and US

With blossoming of the electronic games,the strategy of game developer preference is that the player uses real money to buy the virtual property in the game.The purpose for the strategy which keeping the game promote and developing the game system on the platform to attract more users.With the increasing amount of game,the main strategy is same.The chain,the End User License Agreement(EULA)which between the game developer and player is vital.EULA used to rule that the virtual property is belong to the game developer.However,for now,the virtual property has different acquisition way,“all virtual property belongs to the developer”since already unfair.Staring from the first virtual property lawsuit in China,this paper introduces the virtual property of electronic game and legal protection in US and China.Second,discussion the reasons to protection virtual property and provide proposals for a potential legislative solution in China.At the end,this paper presents the reason that copyright law not suitable to protect the virtual property.

China’s Labor Standard Legislation: Confused Reality and Unclear Future

The reasons why labor standards law has not been enacted so far include the unreadiness of entrepreneurs and enterprises as well as legislators and the market. It is a great challenge for legislators because they need to focus on the coordination of relationship between central and local labor standards legislation,on special problems of sectors or industries,on coordination of special industries and general industries. in addition to many other historical factors. The introduction of labor standards legislation must be based on a good familiarity of current situation and international labor standards,the frequent points of labor disputes in China,and the specific characteristics of different regions and industries,which is also the mission and responsibility of the legislators.

Corporal Punishment of Minors in the Muslim Family in Israel

Corporal punishment was always considered a valid disciplinary measure in Muslim Arab culture to be used as deemed necessary to shape a minor＇s behavior. Applying physical force against children as punishment for unwanted behavior has become a normative part of parents＇ routine interaction with their children, despite the fact that it is forbidden by Israeli law. Psychologists that work with the Muslim Arab population find it difficult to convince parent of the difficulties and conflicts that they create by enforcing corporal punishment on their children. Parents tend to reject professional advice because it is viewed as conflicting with their cultural mentality and traditions and ignore the vast research that proves the ineffectiveness of this type of discipline and the complications that it may lead to. What＇s more, Sharia law, the religious Muslim legal code that governs the lives of Muslim Arabs in Israel, advocates and even encourages corporal punishment. Legislation and further professional intervention is necessary to change this harmful practice and to protect Muslim Arab children.

Philippine Space Law and Its Enlightenment

The Philippine Space Law was approved by the Philippine Senate and the House of Representatives on June 4, 2019, and was signed by the Philippine President Rodrigo Duterte on August 8, 2019 [1]. The approval of this act can be of great significance in the development of Philippine’s outer space activities and astronautic industry. This article intends to discuss and analyze the Philippine Space Law background, main content, and its enlightenment with regard to the improvement of China’s space law system.

On Modernization of the Diversified Resolution Mechanism for Civil and Commercial Disputes in China

The report to the 20th National Congress of the Communist Party of China put forward a scientific and systematic theory of the Chinese path to modernization,in which the modernization of the rule of law is both an integral part and a strong guarantee.Building a modern socialist country in all respects under the rule of law requires attention to the settlement of civil and commercial disputes.The separation of civil society and the political state,along with their mutual influence,has led to the development of diverse dispute-resolution mechanisms.Globalization has further accelerated their development and transformation.In face of the adjustments to the dispute resolution system amid the unprecedented changes of the century,China should complete the top-level design of the diversified settlement of civil and commercial disputes by deploying legislative and judicial resources to enhance the leading role of litigation in resolving these disputes.At the same time,China should continue to prioritize alternative dispute resolution mechanisms,improve the credibility of arbitration,and leverage the aggregating power of mediation,so as to serve the construction of the Chinese path to modernization.

The Thinking and Approaches of Criminal Law Legislation in a Transitional Period

In this transitional period,the concept of legally protected interests in Chinese criminal legislation is changing with the imposition of new control measures that endow criminal law with new functions,including taking an active part in social governance.Active legislation will not entail the systemic risk of excessive interference by criminal law.Criminalization does not conflict with criminal law’s concept of modest restraint.In terms of overall approach,we need to establish dynamic,rational and diversified legislative mechanisms for the future.In terms of specific methods,legislation must maintain an approach of actively intervention in the life of society,changing the current centralized legislative model.However,decentralized legislation should not necessarily adopt the tripartite model of the criminal code plus special enactments and auxiliary criminal law.Rather,it should construct a written criminal law system centered on the criminal code and supplemented by the law on minor offences,in parallel with criminal penalties and public security measures.This will produce a mechanism for the seamless incremental convergence of public security administrative punishment law,minor offences law,and criminal law.The net of justice is fine-meshed but its penalties are light.The addition of new crimes must uphold the rule of law,correspond to specific social situations,maintain an attitude of sensitivity and clarity toward lawlessness and regard criminal law as a last resort,in order to alleviate the pressures legislators currently face from the growing body of criminal law.

Promoting Chinese Modernization of the Rule of Law and a New Form of Human Advancement of the Rule of Law-Interpretation of the Essence of the Rule of Law of the Report to the 20th National Congress of Communist Party of China

One of the significant theoretical contributions of the Report to the 20th National Congress of the Communist Party of China(CPC)is a well-conceived systematic Chinese modernization theory,which is developed based on the profound summarization of the successful experience of Chinese modernization,and on the modernization theories of China and other countries.Chinese modernization of the rule of law,a section of the lawbased Chinese modernization,focuses on the subject of rule of law.Breaking the myth of Western centralism,it creates a new model of modernization of the rule of law and produces a revolutionary effect on the modernization of the rule of law modernization in the world.It presents distinctive Chinese features and Chinese vision.Led by the CPC,it is an independent exploration,people-centered,organized,and planned,and has lofty value goals.Driven by modern science and technology forworld peace and development,the principal task of Chinese modernization of the rule of law is to create a system of socialist rule of law with Chinese characteristics and a new form of human advancement of the rule of law.Its great mission is to build China into a modern socialist country in all respects under the rule of law,ensuring that the rule of law runs through all areas and aspects of national governance and construction,so that building China into a great modern socialist country with the high-quality rule of law can be guaranteed.

Characteristics,Indicators,and Methods of Chinese Modernization of the Rule of Law

Chinese modernization of the rule of law is an important dimension of Chinese modernization;it has some commonalities with the rule of law modernization of all countries but it is more characterized by features that are unique to the Chinese context.The prominent feature that constitutes the Chinese characteristics,Chinese style,and Chinese model,is the adherence to the path of socialist rule of law with Chinese characteristics.It is this feature that determines the difference with Western rule of law modernization.Representingg a new form of human rule of law civilization,the Chinesestyle primarily features the building of a socialist law-based country,government,andSsociety,including centralized,unified,authoritative,andefficient Chinese-style national supervision,as well as the dual existence of constitutional review by the Communist Party of China(CPC)and by the state.Chinese modernization cannot be made possible without the rule of law being modernized and serving as a safeguard.Comprehensive promotion of the rule of law is an overriding approach,and two methods have to be followed specifically:firstly,construction of a modern socialist country in all aspects under the rule of law,and secondly,performance of all work of the state under the rule of law.

Promoting the Modernization of China’s Governance System and Capacity in Line with the Rule of Law

Since the 18th National Congress of the Communist Party of China(CPC)held in 2012,XI Jinping,General Secretary of the CPC Central Committee,has made a series of vital expositions on the promotion of modernization of the national governance system and capacity in line with the rule of law.The law is the most important tool for governing a country,and the rule of law supports the national governance process and capacity.Promoting the rule of law on all fronts is an essential requirement for developing socialism with Chinese characteristics and promoting the modernization of the national governance system and capacity.Comprehensive law-based governance in all areas should be promoted to advance the modernization of national governance.Furthermore,law-based thinking and methods should be used to address difficulties and challenges faced in this modernization process.