日本宗教法人制度与民法渊源

日本宗教法人问题可以追溯至明治政府起草民法时期。虽然明治政府最终决定设立特别法,但宗教法人与民法法人的论争始终贯穿于宗教法人制度的确立期和改革期。日本设立宗教法人制度是为建立近代行政国家,将宗教团体纳入国家神道体制,服务侵略战争。占领期改革后日本保留了宗教法人制度,是因为盟军总司令部未能辨明民法法人与宗教法人的异同、不了解日本建设行政国家的意图。2006年日本进行公益法人制度改革,公益法人与宗教法人的规定逐步接近。

在经济法通向科学的道路上

民法通则颁布后,经济法学界有相当一部分人先前那种诸事顺遂的情绪消失了,如同一个人走了一段路之后才发现自己在叉路口拐错了弯一样,是继续走下去,还是走回头路呢? 我们要走的是另外的道路——经济法通向科学的道路。因为经济法毕竟是时代的产物,毕竟是我们这个时代的法律精华。

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.

A Study on the Legal Sources and Principles of Consumer Cooling-off Period System

In October 25, 2013, the Standing Committee of the National People＇s Congress made a decision on revising the ＂consumer rights protection law＂ of PRC. The new revised ＂Chinese Consumer Protection Law＂ China consumers will take consumer cooling-off period system as an important consumer right.2 Because it is a new system different from traditional civil law ＂principle of obeying compacts＂ , and the theoretical research on the calm period by scholars is still not mature enough. This paper discusses the consumer cooling off period from the theoretical perspective, and its legal origin, and puts forward and demonstrates legal principles and the legal basis the cooling off period system should follow.

From the General Provisions of Civil Law to the General Rules of Civil Law:A Historic Leap

The General Provisions of Civil Law(民法通则),formulated in the early days of reform and opening up,was a special law that set out the basic principles or rules of civil law,defining civil subjects,civil legal acts and the agency system,declaring the civil rights enjoyed by civil subjects,establishing a relatively complete system of civil liability system,and so on.It kindled awareness of civil rights among the mass of the population,ensured China’s rapid economic and social development,and laid down a basic framework and content for the civil code,so holds an important position in contemporary Chinese history.But with the development of the economy and society,civil law has had to change with the times.Civil law jurisprudence injects theoretical support into contemporary civil law legislation,and the blueprint for law based governance provides a powerful impetus to the historic leap forward of contemporary Chinese civil law,providing the necessary conditions for the codification of civil law.The completion of the General Rules of Civil Law(民法总则)answers the requirements of the economic,humanist and legal character of the times,demonstrates the humanist stance and spirit of the civil code,rises to the challenge of modern scientific and technological development,and ensures people’s enjoyment and control of their new-style rights and their objective forms.This signifies that the GPCL has accomplished its historical task and civil law in contemporary China has realized a historic leap forward,laying a foundation for the compilation of the Chinese civil code,including the specific provisions of the framework and the contents of its individual parts.

The Role of Consultative Democracy under the Constitutional Framework and the Associated Rule of Law

The logical sequence of China＇s state governance is ＂governing party--consultative conferences--people＇s congresses--the people.＂ The ＂governing party--consultative conferences＂ link in the chain involves political consultation through people＇s consultative conferences. The ＂governing party--consultative conferences--people＇s congresses＂ link involves a process of obtaining legitimacy for the Party＇s views based on political consultations which are then translated into the national will by the system of people＇s congresses. The ＂people＇s congresses--the people＂ link involves the two-pronged logic of elections and governing the country according to law. The ＂governing party--the people＂ link is an illustration of the party＇s mass line, which essentially involves social consultation. Consultative democracy usually includes the political consultation in the ＂governing party---consultative conferences＂ link and the social consultation in the ＂governing party-- the people＂ link in the chain, both of which are connected through the system of people＇s congresses. This logically determines the inner relations between the Party＇s leadership, consultative democracy and the people＇s congress form of representative democracy and shapes the institutionalization of consultative democracy. That is, in the process of democratic decision-making, a circular system consisting of ＂political consultation-- legislative consultation--social consultation＂ is created to guide development of the actual system.

The Role of Consultative Democracy in a Constitutional System and the Rule of Law in China

The rule of law in China should be advanced under a systems framework. The systems framework on which the Chinese rule of law relies is shaped by the socialist democratic system. Socialist consultative democracy, which responds to the core themes of the determinant of socialism, Party leadership, the democratic tradition of New China and native resources for constructing the rule of law, is an important resource for constructing the rule of law in China. In a constitutional system of＂ruling Party--political power--the people＂ that takes the sovereignty of the people as the logic of its starting point, consultative democracy plays the role of functional coupling. Popular sovereignty gains political legitimacy on the basis of multi- party cooperation and political consultation under the leadership of the CPC, thus translating the will of the ruling Party into the will of the state. Consultative democracy constitutes an essential process in national decision-making, affording a basis for the construction of the inherent logical sequence of ＂ruling Party--Consultative Conference--People＇s Congress.＂ The democratic supervision exercised by the Consultative Conference is an extension of political consultation; from it unfolds the systems framework of the rule of law in China.