Although it is not the main duty for the People's Procuratorate to institute environmental public interest litigation proceedings, the existence of "reserve" prosecution right of plaintiff not only is be...Although it is not the main duty for the People's Procuratorate to institute environmental public interest litigation proceedings, the existence of "reserve" prosecution right of plaintiff not only is beneficial to timely prevention and cure of environmental damage, but also contributes indispensable judicial supervision force to the environmental legality construction. In order to safeguard environmental public interests, many local prosecutorial organizations have practiced environmental public interests litigation. Since Chinese law has not made explicit stipulation on the function of the People's Procuratorate instituting environmental public interest litigation, the plaintiff's subject qualification for environmental public interest litigation instituted by the People's Procuratorate is still in question. In order to propel the People's Procuratorate to completely and fully exercise their power of supervision and prosecution, there shall be corresponding legislation that provides powerful guarantee for the People's Procuratorate instituting environmental public interest litigation.展开更多
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 e...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.展开更多
The reform of the system of water resource management abroad has started since the 50s of last century, it has left us a lot of experiences in many aspects with the innovation of system, such as the legal environment ...The reform of the system of water resource management abroad has started since the 50s of last century, it has left us a lot of experiences in many aspects with the innovation of system, such as the legal environment in water resources, water rights, water market theory, and the "participation" management of water resources, these experiences has been promoted in more than 40 developing countries. Based on analyzing the theory and experiences of water resources management both at home and abroad, especially the theory and experiences of agricultural water resources management, this paper puts forward the main problems waiting for further investigation in China's water resources management and provides some reference and inspiration for the innovation of the system of water resource management in China.展开更多
Nowadays, the policy of encouraging the development of SMEs, starting a business has become a popular choice for many people. Alongside entrepreneurial talent, the legal environment and system design are also very sig...Nowadays, the policy of encouraging the development of SMEs, starting a business has become a popular choice for many people. Alongside entrepreneurial talent, the legal environment and system design are also very significant for SMEs' surviving. This Article provides the successful experiences of SMEs in YIWU, including raising sufficient capital from private finance, highly autonomous forms of enterprise, as well as thinking highly of intellectual property. This article analyses the current problems of SMEs from both legal and economic perspectives, and gives three proposals: legalising underground lending system and creating private banks, introducing the Limited Liability Company into China, and providing the road for transforming intellectual property rights into easily realisable interests, for the purpose of building a more advantageous developing environment for SMEs.展开更多
In this paper, we conduct research on the necessity and the way of introducing legal theory into college ideological and politicaleducation under legal environment. Education courses in colleges and universities shoul...In this paper, we conduct research on the necessity and the way of introducing legal theory into college ideological and politicaleducation under legal environment. Education courses in colleges and universities should grasp of Marxism is the unity of scientifi c theories andscientifi c faith that causes the student to accept and agree with Marxism, to establish faith in Marxism. All faith in essence is the awakening ofman “class consciousness”, is the feeling of value and meaning of life, to leave this, any belief is not established, the establishment of Marxismbelief is also inseparable from it. Therefore under the new media environment, the ideological and political teachers should actively change theteaching idea, set up the general modern education teaching idea, further strengthen the application of all kinds of new media in ideological andpolitical education, only in this way can in maximum extent, improve the college ideological education level and education quality, and promotethe healthy development of college students. Under this basis, this paper proposes the novel and new idea on the issues that will be innovativeand helpful.展开更多
In the criminal justice system, the criminal execution though is the last part, but with the conviction and sentencing of the system have the same importance. Criminal conviction and sentencing execution is guaranteed...In the criminal justice system, the criminal execution though is the last part, but with the conviction and sentencing of the system have the same importance. Criminal conviction and sentencing execution is guaranteed to achieve, but also fairness and justice contained in the Criminal Code. In criminal law enforcement issues related to research more deeply refined today, supervision of Criminal changes have also been made to perform individually and have a very important significance. A direct result of the implementation of the activities of Criminal debtor prison of term prison sentences and the way to change the location, and the status of implementation as well as criminal penalties for the personal interests are closely related, and therefore it is a very, important enforcement regime. Under our current legal environment, the high amount of crime, large numbers of people in custody are restdting in criminal arduous tasks. It is coupled with the existing legal provisions for change-flawed execution of supervision that is extremely prone to change in the course of execution carried favoritism, money corruption. Meanwhile, the new introduction of the "Criminal Law Amendment eight," is for which the commutation, parole perform content changes made adjustments and changes.But for the first time, it provides for community corrections system officially to be incorporated into China' s Criminal Law among but the corresponding lack of prosecutorial oversight and other content specific legal provisions, changes are related to the implementation of community Corrections supervision given probation, parole, probation and other penalties to bring the practical operation of the nroblerns.展开更多
Xi'an City is an important city of western region, facing the mission of constructing international metropolitan. There are many environmental issues in the city, which should be solved by legal construction. Base...Xi'an City is an important city of western region, facing the mission of constructing international metropolitan. There are many environmental issues in the city, which should be solved by legal construction. Based on the environmental status of the city, the construction content of environmental legal system was analyzed, focusing on conflict resolution, and the corresponding ways of research were proposed.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
Based on a new discrete three-by-three matrix spectral problem, a hierarchy of integrable lattice equations with three potentials is proposed through discrete zero-curvature representation, and the resulting integrabl...Based on a new discrete three-by-three matrix spectral problem, a hierarchy of integrable lattice equations with three potentials is proposed through discrete zero-curvature representation, and the resulting integrable lattice equation reduces to the classical Toda lattice equation. It is shown that the hierarchy possesses a HamiItonian structure and a hereditary recursion operator. Finally, infinitely many conservation laws of corresponding lattice systems are obtained by a direct way.展开更多
The enterprise coordinates social resources, which changes the dialogue between human and the environment into that between enterprise and environment. The profit-making character of enterprise leads to the abandonmen...The enterprise coordinates social resources, which changes the dialogue between human and the environment into that between enterprise and environment. The profit-making character of enterprise leads to the abandonment of environmental ethics. Enterprise, which has the capability to solve environmental problems, however, lacks the motive to do it. It has controlling power over society and should assume the responsibility of environmental protection. For its lack of environmental conscience, the external institutional arrangements should be made for enterprise. The strategy for environmental cost should be designed in connection with the interest orientation of enterprise. And various legal measures in constitutional law, social law, civil law, administrative law and criminal lave should be utilized to regulate enterprise's behaviors regarding environmental protection.展开更多
The paper analyzes the external economy of pollution, Two different cost models of enterprises are established From the point of enterprises and the government, the measures of eliminating the externalily are discusse...The paper analyzes the external economy of pollution, Two different cost models of enterprises are established From the point of enterprises and the government, the measures of eliminating the externalily are discussed, and the limits the measures are analyzed.展开更多
Environmental problems in the Republic of Macedonia and Albania are similar in other countries in the region. Numerous problems and deficiencies identified through different projects. The studies and planning document...Environmental problems in the Republic of Macedonia and Albania are similar in other countries in the region. Numerous problems and deficiencies identified through different projects. The studies and planning documents are evident for environmental media and areas. Such as lack of regional integrated systems for municipal solid waste management. The system for special waste types management, including hazardous waste, insufficient coverage of populated places and municipalities by wastewater collection and treatment systems (especially in agglomerations above 10,000 populations). The need to establish integrated river basin management is in accordance with the new law on waters, air pollution with different intensity in different parts of the country. This paper presents the imperative reforms to protect the natural resources and biodiversity in the countries.展开更多
By the closed-loop supply chain responsibility model, analysis the condition of seller taking the responslblhty for recychng of discarded clothes and derived utility of recycling by UNIQLO. The author thinks that the ...By the closed-loop supply chain responsibility model, analysis the condition of seller taking the responslblhty for recychng of discarded clothes and derived utility of recycling by UNIQLO. The author thinks that the best choice is to recycle by seller. At present, it should be encouraged that seller, who are at dominant position in the supply chain, to carry out recycling old clothing so as to lead the other members in the supply chain to participate in recycling. Meanwhile, establish the corresponding legal provisions for the recycling of discarded clothing.展开更多
The social and environmental demands in Brazilian cities are usually neglected by the local municipal powers due to a heavy bias toward speculative capital. The main issue is a public administration that benefits the ...The social and environmental demands in Brazilian cities are usually neglected by the local municipal powers due to a heavy bias toward speculative capital. The main issue is a public administration that benefits the private initiative instead of popular and environmental values and needs. Despite federal efforts at the end of the 20th and beginning of the 21 st century, water resources and urban reform policies are not able to ensure a connection between these two issues in the urban environment. Aiming at showing a new approach of citizenship and environmental rights in a developing country, Bauru, a Brazilian city located in the state of S^o Paulo, was used as a study case. In this scenario, the research is based on the action research method, in which a dynamic profile of the researchers was adopted in order to solidify environmental and social issues in the urban planning process. This article shows the advantages in using the river basin as an urban planning territory in the city master plan, and providing continuous technique support to the citizen, through the role played by the researcher-planner between government and population, as a way to possibly reach social and environmental interests. The territorial perception of the river basin by citizens brings effective environmental and social results.展开更多
Tax procedures are factors that strongly affect the business environment. A simple and convenient tax procedures system will contribute to a good business environment by easing of tax returns preparation, reducing tax...Tax procedures are factors that strongly affect the business environment. A simple and convenient tax procedures system will contribute to a good business environment by easing of tax returns preparation, reducing tax compliance costs, and preventing corruption. This paper examines the results and impacts of previous tax procedures reform on Vietnam's business environment, identifies challenges of tax procedures reform now and the coming years, and discusses areas where further reforms are needed to sustain tax revenue and reduce compliance costs including: (1) wansparent and comprehensive guidance to all tax laws and other legal tax documents; (2) widening the application of risk management in tax administration; (3) continuing simplification of tax procedures; and (4) development of IT in tax administration.展开更多
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 the...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.展开更多
基金Research program of Ministry of Justice on national constitutionality and juristic theory "Research on the Function and Legislative Support of the People's Procuratorates Instituting Environmental Public Interest Litigation"(Grant No.:09SFB3040)supported by the people's procuratorate of Shandong in 2009 "The Legislative Research on the People's Procuratorates Instituting Environmental Public Interest Litigation"
文摘Although it is not the main duty for the People's Procuratorate to institute environmental public interest litigation proceedings, the existence of "reserve" prosecution right of plaintiff not only is beneficial to timely prevention and cure of environmental damage, but also contributes indispensable judicial supervision force to the environmental legality construction. In order to safeguard environmental public interests, many local prosecutorial organizations have practiced environmental public interests litigation. Since Chinese law has not made explicit stipulation on the function of the People's Procuratorate instituting environmental public interest litigation, the plaintiff's subject qualification for environmental public interest litigation instituted by the People's Procuratorate is still in question. In order to propel the People's Procuratorate to completely and fully exercise their power of supervision and prosecution, there shall be corresponding legislation that provides powerful guarantee for the People's Procuratorate instituting environmental public interest litigation.
基金supported by National Key Project of Scientific and Technical Supporting Programs Funded by Ministry of Science and Tech-nology of China in the 11th Five-Year Plan (Grant No. 2007BAC03A12).
文摘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.
文摘The reform of the system of water resource management abroad has started since the 50s of last century, it has left us a lot of experiences in many aspects with the innovation of system, such as the legal environment in water resources, water rights, water market theory, and the "participation" management of water resources, these experiences has been promoted in more than 40 developing countries. Based on analyzing the theory and experiences of water resources management both at home and abroad, especially the theory and experiences of agricultural water resources management, this paper puts forward the main problems waiting for further investigation in China's water resources management and provides some reference and inspiration for the innovation of the system of water resource management in China.
文摘Nowadays, the policy of encouraging the development of SMEs, starting a business has become a popular choice for many people. Alongside entrepreneurial talent, the legal environment and system design are also very significant for SMEs' surviving. This Article provides the successful experiences of SMEs in YIWU, including raising sufficient capital from private finance, highly autonomous forms of enterprise, as well as thinking highly of intellectual property. This article analyses the current problems of SMEs from both legal and economic perspectives, and gives three proposals: legalising underground lending system and creating private banks, introducing the Limited Liability Company into China, and providing the road for transforming intellectual property rights into easily realisable interests, for the purpose of building a more advantageous developing environment for SMEs.
文摘In this paper, we conduct research on the necessity and the way of introducing legal theory into college ideological and politicaleducation under legal environment. Education courses in colleges and universities should grasp of Marxism is the unity of scientifi c theories andscientifi c faith that causes the student to accept and agree with Marxism, to establish faith in Marxism. All faith in essence is the awakening ofman “class consciousness”, is the feeling of value and meaning of life, to leave this, any belief is not established, the establishment of Marxismbelief is also inseparable from it. Therefore under the new media environment, the ideological and political teachers should actively change theteaching idea, set up the general modern education teaching idea, further strengthen the application of all kinds of new media in ideological andpolitical education, only in this way can in maximum extent, improve the college ideological education level and education quality, and promotethe healthy development of college students. Under this basis, this paper proposes the novel and new idea on the issues that will be innovativeand helpful.
文摘In the criminal justice system, the criminal execution though is the last part, but with the conviction and sentencing of the system have the same importance. Criminal conviction and sentencing execution is guaranteed to achieve, but also fairness and justice contained in the Criminal Code. In criminal law enforcement issues related to research more deeply refined today, supervision of Criminal changes have also been made to perform individually and have a very important significance. A direct result of the implementation of the activities of Criminal debtor prison of term prison sentences and the way to change the location, and the status of implementation as well as criminal penalties for the personal interests are closely related, and therefore it is a very, important enforcement regime. Under our current legal environment, the high amount of crime, large numbers of people in custody are restdting in criminal arduous tasks. It is coupled with the existing legal provisions for change-flawed execution of supervision that is extremely prone to change in the course of execution carried favoritism, money corruption. Meanwhile, the new introduction of the "Criminal Law Amendment eight," is for which the commutation, parole perform content changes made adjustments and changes.But for the first time, it provides for community corrections system officially to be incorporated into China' s Criminal Law among but the corresponding lack of prosecutorial oversight and other content specific legal provisions, changes are related to the implementation of community Corrections supervision given probation, parole, probation and other penalties to bring the practical operation of the nroblerns.
基金Xi’an Science and Technology Bureau Fund Project ( No. HJ1106 ( 2) )The Shaanxi Science and Technology Department Fund Project ( No. 2009KRM34)
文摘Xi'an City is an important city of western region, facing the mission of constructing international metropolitan. There are many environmental issues in the city, which should be solved by legal construction. Based on the environmental status of the city, the construction content of environmental legal system was analyzed, focusing on conflict resolution, and the corresponding ways of research were proposed.
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.
基金Supported by the Science and Technology Plan Project of the Educational Department of Shandong Province of China under Grant No.J09LA54the Research Project of"SUST Spring Bud"of Shandong University of Science and Technology of China under Grant No.2009AZZ071
文摘Based on a new discrete three-by-three matrix spectral problem, a hierarchy of integrable lattice equations with three potentials is proposed through discrete zero-curvature representation, and the resulting integrable lattice equation reduces to the classical Toda lattice equation. It is shown that the hierarchy possesses a HamiItonian structure and a hereditary recursion operator. Finally, infinitely many conservation laws of corresponding lattice systems are obtained by a direct way.
基金the Innovative Talents Training Fund of Southwestern University of Finance and Economics
文摘The enterprise coordinates social resources, which changes the dialogue between human and the environment into that between enterprise and environment. The profit-making character of enterprise leads to the abandonment of environmental ethics. Enterprise, which has the capability to solve environmental problems, however, lacks the motive to do it. It has controlling power over society and should assume the responsibility of environmental protection. For its lack of environmental conscience, the external institutional arrangements should be made for enterprise. The strategy for environmental cost should be designed in connection with the interest orientation of enterprise. And various legal measures in constitutional law, social law, civil law, administrative law and criminal lave should be utilized to regulate enterprise's behaviors regarding environmental protection.
文摘The paper analyzes the external economy of pollution, Two different cost models of enterprises are established From the point of enterprises and the government, the measures of eliminating the externalily are discussed, and the limits the measures are analyzed.
文摘Environmental problems in the Republic of Macedonia and Albania are similar in other countries in the region. Numerous problems and deficiencies identified through different projects. The studies and planning documents are evident for environmental media and areas. Such as lack of regional integrated systems for municipal solid waste management. The system for special waste types management, including hazardous waste, insufficient coverage of populated places and municipalities by wastewater collection and treatment systems (especially in agglomerations above 10,000 populations). The need to establish integrated river basin management is in accordance with the new law on waters, air pollution with different intensity in different parts of the country. This paper presents the imperative reforms to protect the natural resources and biodiversity in the countries.
文摘By the closed-loop supply chain responsibility model, analysis the condition of seller taking the responslblhty for recychng of discarded clothes and derived utility of recycling by UNIQLO. The author thinks that the best choice is to recycle by seller. At present, it should be encouraged that seller, who are at dominant position in the supply chain, to carry out recycling old clothing so as to lead the other members in the supply chain to participate in recycling. Meanwhile, establish the corresponding legal provisions for the recycling of discarded clothing.
文摘The social and environmental demands in Brazilian cities are usually neglected by the local municipal powers due to a heavy bias toward speculative capital. The main issue is a public administration that benefits the private initiative instead of popular and environmental values and needs. Despite federal efforts at the end of the 20th and beginning of the 21 st century, water resources and urban reform policies are not able to ensure a connection between these two issues in the urban environment. Aiming at showing a new approach of citizenship and environmental rights in a developing country, Bauru, a Brazilian city located in the state of S^o Paulo, was used as a study case. In this scenario, the research is based on the action research method, in which a dynamic profile of the researchers was adopted in order to solidify environmental and social issues in the urban planning process. This article shows the advantages in using the river basin as an urban planning territory in the city master plan, and providing continuous technique support to the citizen, through the role played by the researcher-planner between government and population, as a way to possibly reach social and environmental interests. The territorial perception of the river basin by citizens brings effective environmental and social results.
文摘Tax procedures are factors that strongly affect the business environment. A simple and convenient tax procedures system will contribute to a good business environment by easing of tax returns preparation, reducing tax compliance costs, and preventing corruption. This paper examines the results and impacts of previous tax procedures reform on Vietnam's business environment, identifies challenges of tax procedures reform now and the coming years, and discusses areas where further reforms are needed to sustain tax revenue and reduce compliance costs including: (1) wansparent and comprehensive guidance to all tax laws and other legal tax documents; (2) widening the application of risk management in tax administration; (3) continuing simplification of tax procedures; and (4) development of IT in tax administration.
文摘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.