学术期刊与中国近代法学自主知识体系的形成——以《法律评论》《中华法学杂志》《法学季刊》为例

近代以来,学术期刊是学术研究成果发表的主要载体,伴随着近代中国学术知识体系的形成,学术期刊的出版发行日益成熟。以《法律评论》《中华法学杂志》《法学季刊》为代表的中国近代法学学术期刊,虽然主办单位、出版周期和办刊风格各异,但在近代中国法学知识体系的形成中都发挥了重要作用。其中关于中华法系的研究、中外法律制度的比较研究,以及英文版期刊的编辑出版,都对当下的法学学术与出版具有借鉴意义。从这三本法学学术期刊发表论文的总体情况来看,重视传统文化、直面实践疑难、保持全球视野,是中国法学学术共同体得以形成的重要原因,也理当成为中国法学学术与出版界继续坚持的学术风格。

论法律职业资格考试和法学(律)硕士研究生教育教学衔接的合理路径

法律职业资格考试是成为"法律人"必须通过的考试,其以"高难度、低通过率"而闻名,使得众多法学生尤其是法学(律)硕士研究生不得不耗费大量的时间和精力进行备考。但当前大多数法学院校的硕士研究生教育教学和法律职业资格考试存在差异和脱节,因而如何协调二者之间的关系,使之相互衔接,已经成为众多法学院校和法学教师需要研究的课题。鉴于此,研究拟从法律职业资格考试与法学(律)硕士研究生教育教学差异和脱节的三种具体样态出发,从法学院校、法学教师和法学(律)硕士研究生等三个主体向度构建法律职业资格考试和法学(律)硕士研究生教育教学协调衔接的合理路径。

中国古典法学的知识体系

古典法学既见于西方,也见于中国。西方法学的知识体系中,有古罗马的古典法学,资本主义革命时期的古典自然法学,还有19世纪晚期兴起的英美古典法学。相较西方的古典法学,中国的古典法学源远流长,主要包含四种形态的法学知识,它们分别是:以礼为基础的礼法学,以律为基础的律法学,以经为基础的经法学,以政为基础的政法学。把这四种形态的法学知识汇聚起来,可以全面展示中国古典法学的知识体系。这四种形态的中国古典法学虽然是在不同的历史背景下分别兴起的,分别对应法的不同形态,满足不同的需要,但是它们彼此交织、相互关联,堪称中国古典法学知识体系的四大分支。

论我国技术类知识产权案件审判人才培养的问题与出路|

专利等技术类知识产权案件的审理要求法官同时具备精湛的法律素养和基本的技术知识,但我国目前的法学教育体制并不能实现该目标。在建设知识产权专门法院体系的背景下,高质量、复合型知识产权审判人才的需求量十分巨大。故我国应顺应高考改革的趋势,根据法学和理工科专业的特点,调整知识产权人才的培养路径,在知识产权本科专业的培养方案中取消理工科课程的设置;同时延长法学双学位的基本学制,切实提高法学双学位的教育质量;采取“2+2”培养方式,优化法律硕士(非法学)的培养模式,为我国技术类知识产权案件审判人才的选拔提供充足的后备军。

注释法学的“拜占庭血统”与“波伦那气质”——以《优士丁尼新律》三个版本的传播史为中心

注释法学发轫于12世纪的波伦那,是现代西方法学的源头。然而值此之时,以罗马法注释为载体的法学教育在君士坦丁堡已经存在了五百年之久,并且发展出形式多样、内容丰富的注释体例。本文认为,波伦那的注释法学与君士坦丁堡既有的法学注释活动之间存在一定的'连续性',这可以从《优士丁尼新律》的三个版本在意大利迭次传播的历史中窥得端倪;但是,波伦那在'自我认知'的过程中树立起区隔于君士坦丁堡的'西方'形象。尽管16~17世纪的学者们已经明确意识到注释法学有着一脉来自拜占庭的血统,但是大部分学者仍着力强调注释法学的'波伦那气质'。此种气质在19世纪以降的欧洲知识界得到了进一步的塑造。整体来看,围绕注释法学的客观历史描述与主观历史想象之间存在矛盾,本文旨在揭示这一矛盾及其形成的过程,进而反思'连续性'之于当代法律史学的意义。

The Status Quo and Predicament of the University Law Students Taking Part in Legal Practice

The university law students use their own legal knowledge to engage in legal practice and realize self-growth in solving legal problems, to achieve those effect, they will face its own, parties, system and other obstacles. According to the author＇ s experience and lessons in social investigation, this paper expounds the difficulties in solving the legal problems, and analyzes the deep reasons why the students cannot solve the legal problems.

Conservation Laws and Soliton Solutions for Generalized Seventh Order KdV Equation

With the assistance of the symbolic computation system Maple,rich higher order polynomial-type conservation laws and a sixth order t/x-dependent conservation law are constructed for a generalized seventh order nonlinear evolution equation by using a direct algebraic method.From the compatibility conditions that guaranteeing the existence of conserved densities,an integrable unnamed seventh order KdV-type equation is found.By introducing some nonlinear transformations,the one-,two-,and three-solition solutions as well as the solitary wave solutions are obtained.

A study of legal attributes of carbon emission rights in carbon trading

Clean Development Mechanism (CDM) has given birth to an international carbon trading market prosperity, which provides developing countries with valuable opportunity to address climate change issues right along with economic development and environmental improvement to achieve sustainable development. However, most studies of CDM focus on economics, and few on its legal problems. CDM involves too many aspects. And the clear legal attribute of trading object is the basis of progress of the transaction and also the start point of legal protection. Therefore, this paper in accordance with the inherent principle of property rights economics, and environmental economics in CDM, only discusses CDM carbon emission right legal interpretation and its attribution. The paper recommends that in order to ensure and promote the carbon emission right trading, carbon emission right should be attributed into the system of real rights to be regulated by Real Right Law. In this way, carbon emission right can gain exclusive power of possession and use, which can achieve a clear right def inition of environmental goods in line with Coase's theory to protect Chinese prof it in carbon trading market and promote the development of the carbon trading market further.

Goal-Setting in the Information-Generating Environment of the Universe

Problem of goal-setting is related to the fundamental principles of informationology and general, rather than specific, aproaches, which enable a more adequate appraisal of certain managerial decisions in terms of their efficiency. In article this problem is considered and from positions of informationology is formulated and on the basis of a method of full mathematical induction the Law of positive dynamics of the Universe is proved. This law establishes preference of the positive purposes in all processes happening in the Universe. Thus, the goal-setting which is carried out from positions of the described Law is the important world outlook prerequisite searching, identification and development of strategic alternatives of purposeful social innovations.

Seeing Rape as Rape： Philosophical and Historical Perspectives on Marriage Law

In this paper, I critically challenge the ability of legal reforms to recognize and integrate the way in which a rape victim sees rape. Current limitations to the law are mainly due to the accepted patriarchal view on law as a form of objective and rational knowledge, outside which there are only impracticable and irrational views. I investigate the case of marriage jurisprudence in the UK, as a prominent example, because it has long accepted marital rape as objectively and rationally part of a wife＇s duty. Even though changes have occurred which improve the marital rape jurisdiction and prejudicial disbelief concerning a woman＇s private life is still used in the courts to question the credibility of the victim. Over the past year, extensive efforts have been made to reform the management of rape cases. Whilst there is a need to acknowledge the seriousness of the accusation with rigorous legal principles which provide appropriate safeguards for the accused person as well as the complainant, especially bearing in mind the often ＂private＂ circumstances, with a concomitant lack of witnesses, it remains the case that the rate of attribution in attempts to secure successful prosecutions in rape case remains overwhelming. I show how a Wittgensteinian approach to law would take into consideration the shape ofgendered lives as they are experienced, and hence would not accept just one legal interpretation of marital law. The phenomenon of＂seeing-as＂ in Wittgenstein＇s philosophy can support the experience of being jolted into appreciating the feminist aspect of consent in marital sexual relationships.

The Application of Error Analysis in College English Teaching

Error analysis theory is an important aspect in SLA （second language acquisition） study, which is quite significant for exploring English teaching rules and improving teaching methods. Error analysis theory is also a useful means in English teaching and study. Through analyzing learners＇ errors, some regular patterns will be discovered. Language learning is a process of making mistakes, correcting them, and enhancing language ability. In order to promote language teaching, teachers should analyze carefully the causes of students＇ mistakes and take different measures to put them right. This paper will study error analysis and related theory, focus on the causes and the types of the errors in students＇ writing, and discuss the coping strategy in English teaching

Brief Analysis on the Right of Privacy in a Perspective of Law and Economic

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.

Contentious Discourses： Signifying on the Law in African American Writing

African American narratives are peopled with subjectivities struggling to retrieve and reconstruct themselves as persons--and thus citizens--through and against American legal narratives, where personhood and citizenship are concerned. Thus, there was the problematic for blacks of how to apply citizenship to their corporeal existence when they were labeled as property. The historical legal narrative of America was constructed on the power of the dominant white elite to prevent the emergence of a narrative of African American life other than that which they authorize, legislate, and narrate. To this end, it has been argued, that narratives in African American literature treat the question of the legal status of African Americans or have it as a fundamental trope of struggle in the narrative. This idea suggests that the law＇s ability as a shaper and determinant of African American social identity, presets the narrative base for African American narrative. This paper examines the relationship between ＂＇laws of separations＂, and African American narrative through a rereading of works of two contemporary novelists, Toni Morrison and Gloria Naylor. Their works, the author argue, are counter-positioned narratives that create contentious dialogue and elaborate the way in which segregationist codes and Jim Crow laws are grounded in the very nature of citizenship for African Americans.

On Sustainable Civil Rights

The tide of reform and opening up promotes the rapid development of science and technology in our society, and citizens have not only wimessed great improvement in basic material living conditions, but also have lived a fulfilled spiritual life. Material wealth stimulates self- awareness of rights protection of the citizens, and that＇s the issue of civil rights that we need to carry out in-depth studies on. As important rights of citizens, how can civil rights gain effective legal protection and how citizens themselves fully and effectively exercise the rights are problems asking for attention in the study of civil rights. Civil rights are not only the issue of inherence and existence, and we should also pay attention to its development or whether there is sustainable development. Moreover, how long this sustainability could last is also the issue of sustainable civil rights this thesis is going to discuss.

The Tatonnement of Leon Walras and Diagonal Dominant Hypothesis

This essay poses Walras＇s theory of price mechanism in its merits and limitations. Walras proposed two laws as conditions for general equilibrium, namely： （1） the law of the variation of equilibrium prices, a subjective condition; and （2） the law of the establishment of equilibrium prices, an objective condition. Walras jointed both laws in order to develop his law of supply and demand. This paper offers a formal Walrasian approximation in terms of the Lyapounov＇s function, taking the diagonal dominant hypothesis as departure point, rediscovered almost a century after it was originally proposed by Walras. The paper concludes with critical reflection concerning the idea of equilibrium economics as medium of social cohesion.

Space Law Center of China National Space Administration Established

On December 23,2017,the Space Law Center of the China National Space Administration(hereafter SLC)was established in Beijing Institute of Technology during the 2017Space Law Seminar.Over 100 leaders and experts from the Ministry of Foreign Affairs,Chinese Academy of Sciences,State Meteorological Administration,State Oceanic Administration,

Try to talk about the education rules in the sport education and its value

physical education plays more and more important role in modern education, which can improve the students＇ physical fitness, it makes the students＇ comprehensive development, and it is indispensable in modern quality education courses. Concept in education rules is a product of modern economic society for the field of education reform, and it has come into being a kind of teaching method which is to keep up with the trend of The Times development. Education rules is the inheritance of traditional teaching method, it is also a reaction to the social development and changes, in this paper, and we will start from the main content and the education significance of rules education, and combine the current situation of physical education in colleges, as to carry on the detailed narration that it＇ s about education rules during the curriculum development. Discussing the rules of education in physical education curriculum, it hopes to be able to improve the efficiency of physical education curriculum, improve the quality of physical education teaching, and play a positive role in promoting for the development of physical education.

The Conflict between Patient Autonomy and the Dying Patient Law in Israel

The Dying Patient Law is very controversial in Israel; there are opinions that the reason for the Law was to prevent the court from making decisions on the subject of end of life according to democratic principles. I decided to do this study because I wanted to know if the legal principles of the Law are democratic as were the court rulings or they are only, or mostly, Jewish principles and meant to prevent a democratic ruling in the courts. The work is a review of the Law and the Dying Patient Committee discussions as well as the chairman＇s writings on the Law, critique articles, and a review of democratic and bioethical principles. In this project, I have seen that the underlying basis of the Dying Patient Law is Jewish principles and not democratic principles, although Israel is a declared democratic state. This law illustrates the problem in Israel being both a democratic and a Jewish state. It raises the question： What can be done to resolve the conflict between the Jewish principles and democratic and/or bioethical principles？

Study of the methodologies in the researches on the legal history

The subject of the legal history belongs to the interdisciplinary of the law and the history. Because of the attribute of the interdisciplinary of the subject of the legal history, the reference of the experience in the development of the h/story is very important. The subject of the legal history must pay attention to the problems encountered in the process of the development of the history and the accumulated experience. The historical development since the last century displays the importance and necessity of the theory of the social science in the study of the history. The researcher of the legal history should focus on the comprehensive use of the theories and methods of the subject of the social sciences, and through the innovative use of the historical data and the use of the multidisciplinary interpretation methods, re-interpret the historical events and figures. With the aid of the comprehensive use of the methods of the multiple disciplines, further open the new situation of the study of the legal history.

A Research on the Third-Party Legislative Post-Assessment in China

With the formation of the socialist legal system with Chinese characteristics, China pays more attention to the scientificity and the quality of legislation, starting the assessment of the effect of implementation of the law after legislation conducted by an independent third-party institution with scientific methods. The third-party legislative post-assessment can overcome the drawbacks of self-assessment, realizing the public participation better, which makes results of the assessment more objective, neutral and fair. The neutrality of assessment and scientificity of the method should be adhered in the construction of third-party legislative post-assessment in China, while improving public participation as well as the assessment indicators system and quality control system with the introduction of specific legal norms.