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
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
The basis of the legal protection of resource security is its relative laws, which have four main characteristics, which are foundational, divergent, comprehensive and of long-term social benefits in view. The coordin...The basis of the legal protection of resource security is its relative laws, which have four main characteristics, which are foundational, divergent, comprehensive and of long-term social benefits in view. The coordination mechanism of the legal protection of resource security with its relative laws meets the needs of the sustainable development of the economy, society and environment. It also facilitates and is facilitated by the modern transformation of the legal system in China, and upholds the legal system as a logically self-perfecting entity. Furthermore, this coordination bears scientific feasibility.展开更多
Kenya like most of sub-Saharan Africa is reliant predominantly on agriculture and natural resources;which include land, water, minerals and fisheries, but the most dominant of which </span></span><span&...Kenya like most of sub-Saharan Africa is reliant predominantly on agriculture and natural resources;which include land, water, minerals and fisheries, but the most dominant of which </span></span><span><span><span>are</span></span></span><span><span><span> wildlife and forestry. Unlike minerals which are by law vested in the government and can only be extracted by it and not the citizenry, wildlife and forestry are resources that the citizens may utilize in their day to day lives to meet their needs. Apart from their consumptive uses, there are also non-consumptive uses and values of wild animals and forests;such as their intrinsic ecological value as gene banks, as well as their scenic value for viewing. These are essentially conventional values and uses. They are largely formal and universal ones that are universally obtaining across </span></span></span><span><span><span>the </span></span></span><span><span><span>world irrespective of the levels of civilization or cultural identity, and </span></span></span><span><span><span>are </span></span></span><span><span><span>even compatible with modernity. Apart from these, there are some wildlife and forestry uses </span></span></span><span><span><span>which</span></span></span><span><span><span> </span></span></span><span><span><span>are </span></span></span><span><span><span>unique to the typical African way of life as part of old traditional customs that have existed from earlier times. These are what are in this paper referred to as “traditional customary uses”. These uses are largely informal, rudimentary and archaic. They are nevertheless critical in the endemic African way of life and represent the inextricable rudimentary technologically bereft relationship between the African people and their natural resources. Under the country’s existing laws, some of these uses are prohibited and criminal sanctions prescribed to enforce their proscription, hence cannot be enjoyed or practiced. There are however others that the law</span></span></span><span><span><span> has</span></span></span><span><span><span> either expressly allowed, or not prohibited, hence may be lawfully enjoyed or practiced. These are what this paper has referred to as the legally permissible traditional customary uses;and are the ones that are its subject. As for wildlife, in the year 1977, the Kenya Government by a Legal Notice in the Kenya Gazette imposed a ban on all forms of hunting of wildlife. </span></span></span><span><span><span>The ban is still in force</span></span></span><span><span><span>. This therefore means that hunting is illegal, as legal prohibition has in effect prohibited all and any form of off-take or killing of wildlife. By implication therefore, under Kenyan law, only non-consumptive uses of wildlife may be enjoyed, and not the consumptive ones. These include viewing as well as socio-cultural and spiritual uses</span></span></span><span><span><span>.</span></span></span><span><span><span> In Kenya therefore, the only permissible traditional customary use of wildlife is its non-consumptive use for socio-cultural and spiritual purposes;subject of course to the existing legal prohibition on witchcraft under the Witchcraft Act</span></span></span><span><span><span> <span style="color:#943634;">(</span></span></span></span><span><span><span><a href="#ref53">Cap 67 Laws of Kenya</a></span></span></span><a href="file:///C:/Users/test.scirp/Desktop/%E6%96%B0%E5%BB%BA%20Microsoft%20Word%20%E6%96%87%E6%A1%A3.docx#R53"><span><span></span></span></a><span><span><span>)</span></span></span><span><span><span>. This piece of legislation has prohibited the practice and promotion</span></span></span><span><span><span> </span></span></span><span><span><span><span>of witchcra</span><span>ft. This in effect means that the socio-cultural and spiritual uses of wildlife though legally permissible, will be enjoyed, provided it is not for witchcraft purposes. With regard to forests, this author has identified the following five as their legally permissible traditional customary uses under Kenyan law: Socio-cultural and spiritual (consumptive and non-consumptive)</span><span> use, other than for witchcraft;use in herbal folk medicine, other than for witchcraft;use for human food and livestock fodder;use for firewood;and use as raw material in construction and traditional craft. Notably, in Kenya, traditional customary use is subject to the existing legal prohibition on witchcraft. Further, while it is the legally permissible use category that is the focus of this paper, the author nevertheless discusses the prohibited traditional customary uses as well. This paper is based on literature survey as well as data obtained from the author’s previous research whose primary data and findings have been published in recent times. It also draws from the documented research and diverse documented views of other commentators on the subject.展开更多
Human-Wildlife Conflict in Gabon is a reality occurring in almost all protected areas in the country. These conflicts create real threats both for the survival of wildlife species and of human beings. This study was c...Human-Wildlife Conflict in Gabon is a reality occurring in almost all protected areas in the country. These conflicts create real threats both for the survival of wildlife species and of human beings. This study was carried out at the periphery of Loango National Park in Gabon. This area is particular of seeing elephants wandering around villages. Respondents for the study were drawn from a wide range of stakeholders (State administrators, farmers and NGOs). Data was collected through administration of structured questionnaires and interview guide on the;socio-economic activities. Crops produced/destroyed. Animals are involved and economic loss is incurred due to conflicts. Data was analysed using SPSS version 16 and Kobo tool box. For qualitative data chi-square, descriptive statistic and linear regression model were also used. The results of the study showed that the elephants account for (60.1%) of crop destroyed followed by Ungulates (30.4%) and lastly by rodents (0.9%). The economic damage caused by the wildlife to crops valued at 72,084 USD in the zone in 2022. An urgent solution to this conflict is needed because the consequences are visible as well as the illegal repression by communities that have led to poisoning and killing of wildlife in the study area.展开更多
Law enforcement remains to be the main strategy used to combat poaching and account for high budget share in protected area management. Studies on efficiency of wildlife law enforcement in the protected areas are limi...Law enforcement remains to be the main strategy used to combat poaching and account for high budget share in protected area management. Studies on efficiency of wildlife law enforcement in the protected areas are limited. This study analyzed economic efficiency of wildlife law enforcement in terms of resource used and output generated using three different protected areas (PAs) of Serengeti ecosystem namely Serengeti National Park (SENAPA), Ikorongo/Grumeti Game Reserves (IGGR) and Ikona Wildlife Management Area (IWMA). Three years (2010-2012) monthly data on wildlife law enforcement inputs and outputs were collected from respective PAs authorities and supplemented with key informant interviews and secondary data. Questionnaire surveys were conducted to wildlife law enforcement staff. Shadow prices for non-marketed inputs were estimated, and market prices for marketed inputs. Data Envelopment Analysis (DEA) was used to estimate economic efficiency using Variable Return to Scale (VRS) and Constant Return to Scale (CCR) assumptions. Results revealed that wildlife law enforcement in all PAs was economically inefficient, with less inefficiency observed in IWMA. The less inefficiency in IWMA is likely attributed to existing sense of ownership and responsibility created through community-based conservation which resulted in to decrease in law enforcement costs. A slacks evaluation revealed a potential to reduce fuel consumption, number of patrol vehicles, ration and prosecution efforts at different magnitudes between studied protected areas. There is equal potential to recruit more rangers while maintaining the resting time. These finding forms the bases for monitoring and evaluation with respect to resource usage to enhance efficiency. It is further recommended to enhance community participation in conservation in SENAPA and IGGR to lower law enforcement costs. Collaboration between protected area, police and judiciary is fundamental to enhance enforcement efficiency. Despite old dataset, these findings are relevant since neither conservation policy nor institution framework has changed substantially in the last decade.展开更多
The development of China's medical industry is very fast, which has provided a great help for people, but in the process, there are also a lot of problems violating the privacy of the patients. Based on these circums...The development of China's medical industry is very fast, which has provided a great help for people, but in the process, there are also a lot of problems violating the privacy of the patients. Based on these circumstances, we must offer the maximum protection of the privacy of the patients. From the point of view of the civil law, the medical institutions or the medical professionals must respect the patients, and protect the patients' privacy, so as to build a more harmonious relationship between the doctors and the patients.展开更多
With the continuous and rapid development of the country’s economy and society,it has greatly promoted the leap of the marine economy and brought more severe challenges and tests to the protection of marine ecologica...With the continuous and rapid development of the country’s economy and society,it has greatly promoted the leap of the marine economy and brought more severe challenges and tests to the protection of marine ecological environment.How to effectively measure the criminal law protection of the marine ecological environment and take effective measures Measures to deepen the effects of marine ecological environmental protection have become one of the focus topics of widespread concern in the industry.Based on this,this article first introduces the protection of marine ecological interests in China’s criminal law,analyzes the necessity of adjusting the ecological environment in criminal law,and discusses the deficiencies in China’s marine legal system and combines relevant practical experience to improve the marine environment.Various angles and aspects,such as laws and regulations related to resource crimes,put forward the basic approach to strengthen the criminal law protection of the marine ecological environment,and hope to help the practice of related work.展开更多
Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights prot...Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights protection exerts a profound impact on the value of legislation and enforcement practices of private international laws in the field of cross-border personality rights infringement in various countries,which is mainly manifested in the integration of substantive justice and the humanistic care concept of protecting the rights of vulnerable groups into formal justice,and expands the development space of human rights protection ideas in cross-border personality rights and tort conflict laws.the diversity of human rights protection values determines that cross-border personality rights infringement may lead to conflicts between personality rights and other basic rights,such as freedom of speech.to reconcile such conflicts,a workable method is to prioritize personality rights protection in accordance with the hierarchy of rights theory in the value judgment of public order reservation or to clarify the limits of the right holder’s tolerance obligation through the limited application of the principle of proportionality.China’s current cross-border personality rights and tort conflict law can optimize the protection of the rights of vulnerable groups by diversifying the options of available legal methods,and establish a balancing mechanism between personality rights and freedom of speech,so as to improve China’s legal protection system for human rights in the field of foreign-related civil and commercial affairs.展开更多
Lacking of shelter and care from their children, Chinese lost only-child elderly are impoverished and their mental state compared to older people in general are more fragile and sensitive. They have even united themse...Lacking of shelter and care from their children, Chinese lost only-child elderly are impoverished and their mental state compared to older people in general are more fragile and sensitive. They have even united themselves for self-help, while their efforts have been often unhelpful. Their scale has been increasingly expanding and risen to many serious social problems. Appearance of lost only-child old man people and vulnerability of protection for those elderly is mainly due to the faultiness of Birth Control Policy, lack of government finance and imperfect social security system. Chinese government should establish a mechanism to increase and maintain the value of administrative compensations, strengthen administrative pay and protection of administrative contracts, broaden administrative relief channels for the elderly, and effectively protect the pension interests of the lost only-child elderly.展开更多
A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand...A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand, individual rights must be protected by law On the other hand, a law-based society needs to be built so the boundaries of individual rights are clear, the exercising of those rights are regulated, conflicts between rights can be resolved through the courts, and the personal infringement of others’ rights and the overall interests of the society is prohibited by law During the 40 years of China’s ref orm and opening-up in China, the promotion of the legal protection of human rights mainly lies in three aspects: first, the important role of the rule of law plays in protecting human rights has been clarified; second, the four steps of the rule of law(scientific legislation, strict law enforcement, judicial justice and observance of the law by all Chinese citizens) have been strengthened to safeguard human rights fully and effectively; third, the Chinese human rights system under the rule of law has gradually been aligned with international norms.展开更多
The enormous environmental damage caused by war makes it necessary for international law to balance the reality of military necessity with the need to ensure the survival of human beings and other life forms. Internat...The enormous environmental damage caused by war makes it necessary for international law to balance the reality of military necessity with the need to ensure the survival of human beings and other life forms. International law provides a large number of norms for environmental protection in wartime, constituting a legal order including general and special norms of wartime law and wartime environmental protection obligations of international law in peacetime. It explicitly prohibits unreasonable environmental damage caused by military needs in wartime. Contrary to the cognition that there is no international norm to protect the environment in wartime,the key reason that causes the effect of environmental protection in wartime is not as good as expected lies in the different degrees of defects in the application of these complex norms. It is a more important and practical path choice to renew the general principles of wartime environmental protection, expand the scope of application of wartime laws and special environmental norms, strengthen the wartime application of international law in peacetime, and give full play to the maximum effectiveness of the existing normative system than to expect the new convention to accomplish the whole task at one stroke.展开更多
The Personal Information Protection Law,as the first law on personal information protection in China,hits the people’s most concerned,realistic and direct privacy and information security issues,and plays an extremel...The Personal Information Protection Law,as the first law on personal information protection in China,hits the people’s most concerned,realistic and direct privacy and information security issues,and plays an extremely important role in promoting the development of the digital economy,the legalization of socialism with Chinese characteristics and social public security,and marks a new historical development stage in the protection of personal information in China.However,the awareness of privacy protection and privacy protection behavior of the public in personal information privacy protection is weak.Based on the literature review and in-depth understanding of current legal regulations,this study integrates the relevant literature and theoretical knowledge of the Personal Protection Law to construct a conceptual model of“privacy information protection willingness-privacy information protection behavior”.Taking the residents of Foshan City as an example,this paper conducts a questionnaire survey on their attitudes toward the Personal Protection Law,analyzes the factors influencing their willingness to protect their privacy and their behaviors,and explores the mechanisms of their influencing variables,to provide advice and suggestions for promoting the protection of privacy information and building a security barrier for the high-quality development of public information security.展开更多
The Law of the People's Republic of China on the Protection of Minors and the Law ofthe People's Republic of China on the Prevention of Juvenile Crimes were passed on September 4, 1991 and June 28,1999 and cam...The Law of the People's Republic of China on the Protection of Minors and the Law ofthe People's Republic of China on the Prevention of Juvenile Crimes were passed on September 4, 1991 and June 28,1999 and came into force on January 1, 1992 and November 1, 1999. Over the past decades, China has scoredoutstanding achievements in implementing the two laws. In order to strengthen supervision of the implementationof the two laws and better protect the lawful rights and interests of the under-aged, the National People's CongressStanding Committee set up a Law Enforcement Check Group in July 2003, which carried out a nationwidecheck of the implementation of the two laws. On August 25, NPC Vice-Chairperson Gu Xiulian reported on theresult of the check to the fourth meeting of the Tenth NPC standing committee. She described the generalsituation in the implementation of the two laws as 'good' and also identified some problems and put forwardsome recommendations with regard to the enforcement and implementation of the two laws.The following are the excerpts of the report: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
Adozen experts of law gathered on April 1, 2003 to share their views on protection of the workers’ right to remuneration for their work in accordance with the Labor Law of the People’s Republic of China. That took p...Adozen experts of law gathered on April 1, 2003 to share their views on protection of the workers’ right to remuneration for their work in accordance with the Labor Law of the People’s Republic of China. That took place at a seminar jointly sponsored by the Human Rights and the Beijing-based Democracy and Law magazines and the Branch of Labor and Social Security Laws of the Beijing Society of Law. Participants were from the All-China Federation of Trade Unions,展开更多
The Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China responds to the institutional needs of civic education,and supplements the clause of the Criminal Law on protection of citizens’right to educati...The Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China responds to the institutional needs of civic education,and supplements the clause of the Criminal Law on protection of citizens’right to education nuy means of Article 32.Imposing legal responsibility in the form of internal punishments,administrative punishments,and economic compensation have failed to prevent infringements on citizens’right to education.Its role as a"secondary protection law"is the conceptual obstacle that hinders the Criminal Law from effectively intervening in the field of citizens’right to education.The equivalence between the legal interests of people to the right to education and the rights protected by the existing charges in the Criminal Law is the legitimate basis for it to intervene in disputes over the right to education.Based on Article 32 of the Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China,it is suggested to further clarify the prepositional law,improve the liability provisions for the right to education,change the modest and restrained view of the Criminal Law regarding protection of the right to education,and expand the behavior types of Article 32 provided in the Amendment(Ⅺ)in due time.展开更多
It is very timely and necessary for us to hold this seminar in the beautiful Suzhou Campus of Renmin University of China to deeply study and implement the decisions of the Fourth Plenary Session of the 18th Communist ...It is very timely and necessary for us to hold this seminar in the beautiful Suzhou Campus of Renmin University of China to deeply study and implement the decisions of the Fourth Plenary Session of the 18th Communist Party of China(CPC)Central Committee,push forward the construction of China’s rule of law and jointly discuss the development of China’s human rights cause.展开更多
On October 27, 2001, the Standing Committee of the National People's Congress adopted a decision on revision of the People's Republic of China Trade Union Law. Guan Huai, legal advisor to the All-China Federat...On October 27, 2001, the Standing Committee of the National People's Congress adopted a decision on revision of the People's Republic of China Trade Union Law. Guan Huai, legal advisor to the All-China Federation of Trade Unions, had the following to say in an interview with the Human Rights:展开更多
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.
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The basis of the legal protection of resource security is its relative laws, which have four main characteristics, which are foundational, divergent, comprehensive and of long-term social benefits in view. The coordination mechanism of the legal protection of resource security with its relative laws meets the needs of the sustainable development of the economy, society and environment. It also facilitates and is facilitated by the modern transformation of the legal system in China, and upholds the legal system as a logically self-perfecting entity. Furthermore, this coordination bears scientific feasibility.
文摘Kenya like most of sub-Saharan Africa is reliant predominantly on agriculture and natural resources;which include land, water, minerals and fisheries, but the most dominant of which </span></span><span><span><span>are</span></span></span><span><span><span> wildlife and forestry. Unlike minerals which are by law vested in the government and can only be extracted by it and not the citizenry, wildlife and forestry are resources that the citizens may utilize in their day to day lives to meet their needs. Apart from their consumptive uses, there are also non-consumptive uses and values of wild animals and forests;such as their intrinsic ecological value as gene banks, as well as their scenic value for viewing. These are essentially conventional values and uses. They are largely formal and universal ones that are universally obtaining across </span></span></span><span><span><span>the </span></span></span><span><span><span>world irrespective of the levels of civilization or cultural identity, and </span></span></span><span><span><span>are </span></span></span><span><span><span>even compatible with modernity. Apart from these, there are some wildlife and forestry uses </span></span></span><span><span><span>which</span></span></span><span><span><span> </span></span></span><span><span><span>are </span></span></span><span><span><span>unique to the typical African way of life as part of old traditional customs that have existed from earlier times. These are what are in this paper referred to as “traditional customary uses”. These uses are largely informal, rudimentary and archaic. They are nevertheless critical in the endemic African way of life and represent the inextricable rudimentary technologically bereft relationship between the African people and their natural resources. Under the country’s existing laws, some of these uses are prohibited and criminal sanctions prescribed to enforce their proscription, hence cannot be enjoyed or practiced. There are however others that the law</span></span></span><span><span><span> has</span></span></span><span><span><span> either expressly allowed, or not prohibited, hence may be lawfully enjoyed or practiced. These are what this paper has referred to as the legally permissible traditional customary uses;and are the ones that are its subject. As for wildlife, in the year 1977, the Kenya Government by a Legal Notice in the Kenya Gazette imposed a ban on all forms of hunting of wildlife. </span></span></span><span><span><span>The ban is still in force</span></span></span><span><span><span>. This therefore means that hunting is illegal, as legal prohibition has in effect prohibited all and any form of off-take or killing of wildlife. By implication therefore, under Kenyan law, only non-consumptive uses of wildlife may be enjoyed, and not the consumptive ones. These include viewing as well as socio-cultural and spiritual uses</span></span></span><span><span><span>.</span></span></span><span><span><span> In Kenya therefore, the only permissible traditional customary use of wildlife is its non-consumptive use for socio-cultural and spiritual purposes;subject of course to the existing legal prohibition on witchcraft under the Witchcraft Act</span></span></span><span><span><span> <span style="color:#943634;">(</span></span></span></span><span><span><span><a href="#ref53">Cap 67 Laws of Kenya</a></span></span></span><a href="file:///C:/Users/test.scirp/Desktop/%E6%96%B0%E5%BB%BA%20Microsoft%20Word%20%E6%96%87%E6%A1%A3.docx#R53"><span><span></span></span></a><span><span><span>)</span></span></span><span><span><span>. This piece of legislation has prohibited the practice and promotion</span></span></span><span><span><span> </span></span></span><span><span><span><span>of witchcra</span><span>ft. This in effect means that the socio-cultural and spiritual uses of wildlife though legally permissible, will be enjoyed, provided it is not for witchcraft purposes. With regard to forests, this author has identified the following five as their legally permissible traditional customary uses under Kenyan law: Socio-cultural and spiritual (consumptive and non-consumptive)</span><span> use, other than for witchcraft;use in herbal folk medicine, other than for witchcraft;use for human food and livestock fodder;use for firewood;and use as raw material in construction and traditional craft. Notably, in Kenya, traditional customary use is subject to the existing legal prohibition on witchcraft. Further, while it is the legally permissible use category that is the focus of this paper, the author nevertheless discusses the prohibited traditional customary uses as well. This paper is based on literature survey as well as data obtained from the author’s previous research whose primary data and findings have been published in recent times. It also draws from the documented research and diverse documented views of other commentators on the subject.
文摘Human-Wildlife Conflict in Gabon is a reality occurring in almost all protected areas in the country. These conflicts create real threats both for the survival of wildlife species and of human beings. This study was carried out at the periphery of Loango National Park in Gabon. This area is particular of seeing elephants wandering around villages. Respondents for the study were drawn from a wide range of stakeholders (State administrators, farmers and NGOs). Data was collected through administration of structured questionnaires and interview guide on the;socio-economic activities. Crops produced/destroyed. Animals are involved and economic loss is incurred due to conflicts. Data was analysed using SPSS version 16 and Kobo tool box. For qualitative data chi-square, descriptive statistic and linear regression model were also used. The results of the study showed that the elephants account for (60.1%) of crop destroyed followed by Ungulates (30.4%) and lastly by rodents (0.9%). The economic damage caused by the wildlife to crops valued at 72,084 USD in the zone in 2022. An urgent solution to this conflict is needed because the consequences are visible as well as the illegal repression by communities that have led to poisoning and killing of wildlife in the study area.
文摘Law enforcement remains to be the main strategy used to combat poaching and account for high budget share in protected area management. Studies on efficiency of wildlife law enforcement in the protected areas are limited. This study analyzed economic efficiency of wildlife law enforcement in terms of resource used and output generated using three different protected areas (PAs) of Serengeti ecosystem namely Serengeti National Park (SENAPA), Ikorongo/Grumeti Game Reserves (IGGR) and Ikona Wildlife Management Area (IWMA). Three years (2010-2012) monthly data on wildlife law enforcement inputs and outputs were collected from respective PAs authorities and supplemented with key informant interviews and secondary data. Questionnaire surveys were conducted to wildlife law enforcement staff. Shadow prices for non-marketed inputs were estimated, and market prices for marketed inputs. Data Envelopment Analysis (DEA) was used to estimate economic efficiency using Variable Return to Scale (VRS) and Constant Return to Scale (CCR) assumptions. Results revealed that wildlife law enforcement in all PAs was economically inefficient, with less inefficiency observed in IWMA. The less inefficiency in IWMA is likely attributed to existing sense of ownership and responsibility created through community-based conservation which resulted in to decrease in law enforcement costs. A slacks evaluation revealed a potential to reduce fuel consumption, number of patrol vehicles, ration and prosecution efforts at different magnitudes between studied protected areas. There is equal potential to recruit more rangers while maintaining the resting time. These finding forms the bases for monitoring and evaluation with respect to resource usage to enhance efficiency. It is further recommended to enhance community participation in conservation in SENAPA and IGGR to lower law enforcement costs. Collaboration between protected area, police and judiciary is fundamental to enhance enforcement efficiency. Despite old dataset, these findings are relevant since neither conservation policy nor institution framework has changed substantially in the last decade.
文摘The development of China's medical industry is very fast, which has provided a great help for people, but in the process, there are also a lot of problems violating the privacy of the patients. Based on these circumstances, we must offer the maximum protection of the privacy of the patients. From the point of view of the civil law, the medical institutions or the medical professionals must respect the patients, and protect the patients' privacy, so as to build a more harmonious relationship between the doctors and the patients.
文摘With the continuous and rapid development of the country’s economy and society,it has greatly promoted the leap of the marine economy and brought more severe challenges and tests to the protection of marine ecological environment.How to effectively measure the criminal law protection of the marine ecological environment and take effective measures Measures to deepen the effects of marine ecological environmental protection have become one of the focus topics of widespread concern in the industry.Based on this,this article first introduces the protection of marine ecological interests in China’s criminal law,analyzes the necessity of adjusting the ecological environment in criminal law,and discusses the deficiencies in China’s marine legal system and combines relevant practical experience to improve the marine environment.Various angles and aspects,such as laws and regulations related to resource crimes,put forward the basic approach to strengthen the criminal law protection of the marine ecological environment,and hope to help the practice of related work.
基金the National Social Science Fund Major Project“Research on the Construction of Systems Applicable Outside the Chinese Jurisdiction in the Perspec-tive of Private International Law”(Project Approval Number 20&ZD202)the National Social Science Fund Key Project“Empirical Research on Judges’Discretion in Foreign-related Civil Trials in China”(Project Approval Number 19AFX026).
文摘Personality rights are basic rights related to human dignity in the concept of human rights protection,and respect for personality rights is the basic prerequisite for safeguarding other human rights.Human rights protection exerts a profound impact on the value of legislation and enforcement practices of private international laws in the field of cross-border personality rights infringement in various countries,which is mainly manifested in the integration of substantive justice and the humanistic care concept of protecting the rights of vulnerable groups into formal justice,and expands the development space of human rights protection ideas in cross-border personality rights and tort conflict laws.the diversity of human rights protection values determines that cross-border personality rights infringement may lead to conflicts between personality rights and other basic rights,such as freedom of speech.to reconcile such conflicts,a workable method is to prioritize personality rights protection in accordance with the hierarchy of rights theory in the value judgment of public order reservation or to clarify the limits of the right holder’s tolerance obligation through the limited application of the principle of proportionality.China’s current cross-border personality rights and tort conflict law can optimize the protection of the rights of vulnerable groups by diversifying the options of available legal methods,and establish a balancing mechanism between personality rights and freedom of speech,so as to improve China’s legal protection system for human rights in the field of foreign-related civil and commercial affairs.
文摘Lacking of shelter and care from their children, Chinese lost only-child elderly are impoverished and their mental state compared to older people in general are more fragile and sensitive. They have even united themselves for self-help, while their efforts have been often unhelpful. Their scale has been increasingly expanding and risen to many serious social problems. Appearance of lost only-child old man people and vulnerability of protection for those elderly is mainly due to the faultiness of Birth Control Policy, lack of government finance and imperfect social security system. Chinese government should establish a mechanism to increase and maintain the value of administrative compensations, strengthen administrative pay and protection of administrative contracts, broaden administrative relief channels for the elderly, and effectively protect the pension interests of the lost only-child elderly.
文摘A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand, individual rights must be protected by law On the other hand, a law-based society needs to be built so the boundaries of individual rights are clear, the exercising of those rights are regulated, conflicts between rights can be resolved through the courts, and the personal infringement of others’ rights and the overall interests of the society is prohibited by law During the 40 years of China’s ref orm and opening-up in China, the promotion of the legal protection of human rights mainly lies in three aspects: first, the important role of the rule of law plays in protecting human rights has been clarified; second, the four steps of the rule of law(scientific legislation, strict law enforcement, judicial justice and observance of the law by all Chinese citizens) have been strengthened to safeguard human rights fully and effectively; third, the Chinese human rights system under the rule of law has gradually been aligned with international norms.
文摘The enormous environmental damage caused by war makes it necessary for international law to balance the reality of military necessity with the need to ensure the survival of human beings and other life forms. International law provides a large number of norms for environmental protection in wartime, constituting a legal order including general and special norms of wartime law and wartime environmental protection obligations of international law in peacetime. It explicitly prohibits unreasonable environmental damage caused by military needs in wartime. Contrary to the cognition that there is no international norm to protect the environment in wartime,the key reason that causes the effect of environmental protection in wartime is not as good as expected lies in the different degrees of defects in the application of these complex norms. It is a more important and practical path choice to renew the general principles of wartime environmental protection, expand the scope of application of wartime laws and special environmental norms, strengthen the wartime application of international law in peacetime, and give full play to the maximum effectiveness of the existing normative system than to expect the new convention to accomplish the whole task at one stroke.
文摘The Personal Information Protection Law,as the first law on personal information protection in China,hits the people’s most concerned,realistic and direct privacy and information security issues,and plays an extremely important role in promoting the development of the digital economy,the legalization of socialism with Chinese characteristics and social public security,and marks a new historical development stage in the protection of personal information in China.However,the awareness of privacy protection and privacy protection behavior of the public in personal information privacy protection is weak.Based on the literature review and in-depth understanding of current legal regulations,this study integrates the relevant literature and theoretical knowledge of the Personal Protection Law to construct a conceptual model of“privacy information protection willingness-privacy information protection behavior”.Taking the residents of Foshan City as an example,this paper conducts a questionnaire survey on their attitudes toward the Personal Protection Law,analyzes the factors influencing their willingness to protect their privacy and their behaviors,and explores the mechanisms of their influencing variables,to provide advice and suggestions for promoting the protection of privacy information and building a security barrier for the high-quality development of public information security.
文摘The Law of the People's Republic of China on the Protection of Minors and the Law ofthe People's Republic of China on the Prevention of Juvenile Crimes were passed on September 4, 1991 and June 28,1999 and came into force on January 1, 1992 and November 1, 1999. Over the past decades, China has scoredoutstanding achievements in implementing the two laws. In order to strengthen supervision of the implementationof the two laws and better protect the lawful rights and interests of the under-aged, the National People's CongressStanding Committee set up a Law Enforcement Check Group in July 2003, which carried out a nationwidecheck of the implementation of the two laws. On August 25, NPC Vice-Chairperson Gu Xiulian reported on theresult of the check to the fourth meeting of the Tenth NPC standing committee. She described the generalsituation in the implementation of the two laws as 'good' and also identified some problems and put forwardsome recommendations with regard to the enforcement and implementation of the two laws.The following are the excerpts of the report:
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.
文摘Adozen experts of law gathered on April 1, 2003 to share their views on protection of the workers’ right to remuneration for their work in accordance with the Labor Law of the People’s Republic of China. That took place at a seminar jointly sponsored by the Human Rights and the Beijing-based Democracy and Law magazines and the Branch of Labor and Social Security Laws of the Beijing Society of Law. Participants were from the All-China Federation of Trade Unions,
基金the Key Project supported by the National Social Science Fund,“Study on the Relationship between the Rule of Law and the Rule of Morality”(14AZD135)The Key Project of Philosophy and Social Science Research of Ministry of Education,“Study on Promoting the National Inspection and Supervision Covering all Sectors”(18JZD037)the Postgraduate Scientific Research Innovation Project of Southwest University of Political Science and Law,“Research on the Issue of Criminal Law Protection of Citizens’Right to Education”(2019XZXS-066)
文摘The Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China responds to the institutional needs of civic education,and supplements the clause of the Criminal Law on protection of citizens’right to education nuy means of Article 32.Imposing legal responsibility in the form of internal punishments,administrative punishments,and economic compensation have failed to prevent infringements on citizens’right to education.Its role as a"secondary protection law"is the conceptual obstacle that hinders the Criminal Law from effectively intervening in the field of citizens’right to education.The equivalence between the legal interests of people to the right to education and the rights protected by the existing charges in the Criminal Law is the legitimate basis for it to intervene in disputes over the right to education.Based on Article 32 of the Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China,it is suggested to further clarify the prepositional law,improve the liability provisions for the right to education,change the modest and restrained view of the Criminal Law regarding protection of the right to education,and expand the behavior types of Article 32 provided in the Amendment(Ⅺ)in due time.
文摘It is very timely and necessary for us to hold this seminar in the beautiful Suzhou Campus of Renmin University of China to deeply study and implement the decisions of the Fourth Plenary Session of the 18th Communist Party of China(CPC)Central Committee,push forward the construction of China’s rule of law and jointly discuss the development of China’s human rights cause.
文摘On October 27, 2001, the Standing Committee of the National People's Congress adopted a decision on revision of the People's Republic of China Trade Union Law. Guan Huai, legal advisor to the All-China Federation of Trade Unions, had the following to say in an interview with the Human Rights: