The golden period of the development of China＇s overseas trades is most significant in the Song Dynasty, which established the legal mechanisms of the overseas trades with the perfect systems. These legal regulations...The golden period of the development of China＇s overseas trades is most significant in the Song Dynasty, which established the legal mechanisms of the overseas trades with the perfect systems. These legal regulations made clear the subjects of the overseas trade to a large extent, stipulated the procedures for the overseas trade, and at the same time, established the related legal liabilities and regulation means and methods of the governments. Although it met the huge demands of the development of the foreign trade, and had brought the economic income for the governments, yet because the governments had adopted the strict control measures, to a certain extent, it also restricted the rapid development of the foreign trade. This paper starts from the analysis of the legal subjects of the overseas trade in the Song Dynasty, and conducted the specific analysis of the trade procedures and other related contents of the legal systems of the overseas trade in the Song Dynasty.展开更多
In recent years, the frequent occurrences of marine oil spills have already become one of the major reasons threatening the marine ecological safety of China. In the event of oil spill, oth-er than taking the necessar...In recent years, the frequent occurrences of marine oil spills have already become one of the major reasons threatening the marine ecological safety of China. In the event of oil spill, oth-er than taking the necessary emergent measures aiming specifically at the damage to the marine ecology and environment, using legal means to assure that the damage liabilities are borne by the respon-sible persons to protect the national interests are also very neces-sary. This paper advances five recommendations regarding the development of a system for ecological legal compensations from the standpoint of the current status of legislation and execution of the laws on compensation of oil spill polluting marine ecosystem. These five recommendations include: determination of the status of juristic action in marine ecological and environmental compen-sations in accordance with the laws, determination of plaintiff of marine ecological and environmental compensations in accordance with the laws, determination of the four basic principles in the le-gal actions of marine ecological and environmental compensations in accordance with the laws, determination of assessment technical standard of marine ecological and environmental damages in ac-cordance with the laws, and determination of the scope of marine ecological and environmental compensations in accordance with the laws.展开更多
Socially-responsible business and ethical behavior of companies have been of interest to academia and practice for decades, but the focus has almost exclusively been on large corporations, while small and medium-sized...Socially-responsible business and ethical behavior of companies have been of interest to academia and practice for decades, but the focus has almost exclusively been on large corporations, while small and medium-sized enterprises （SMEs） have not received as much attention （Hammann, et al., 2009）. Worthington, et al （2006） recognized the need to encourage socially-responsible business practices among the 90 per cent or more of the world＇s businesses that are classified as SMEs. Perrini, et al （2007） found that size explains the differences in firms＇ willingness to define and implement such specific corporate social responsibility （CSR） strategies, while Murillo and Lozano （2006） concluded that it still remains to be explored whether manufacturing companies tend to apply CSR more extensively, or whether businesses oriented to other business have a tendency to incorporate CSR into their management patterns to a higher degree. Moreover, President Gloria Macapagal-Arroyo, in her 7 June, 2002 speech, recognized the importance of Chinese-Filipinos in helping improve the Philippine economy, and yet, not much research had been done on this sub-sector. Thus, this paper focuses on the effect of finn size and finn activities on the social responsibility practices of selected 30 micro, small and medium-sized enterprises （MSMEs） in Metro Manila which are owned by Chinese-Filipinos. Survey questionnaires and interview were used for gathering data, while a correlations test was used to analyze the data and to conclude whether finn size and finn activities have an effect on the sampled companies＇ CSR practices.展开更多
Inference rules are at the heart of studies of logic. Although legal logic is an applied logic, it is not a simple application of the inference rules of formal logic in the legal domain, but the outcome of a combinati...Inference rules are at the heart of studies of logic. Although legal logic is an applied logic, it is not a simple application of the inference rules of formal logic in the legal domain, but the outcome of a combination of the inference rules of formal logic and inference rules peculiar to the legal domain. Therefore, although legal inference rules have some features in common with the inference rules of formal logic, they also have a distinctive character. Their common features are to be found in the fact that the basic inference rules of formal logic are an indispensable part of the inference rules of legal logic, while their distinctiveness lies in the fact that legal inference rules contain a special inference rule that does not exist in formal logic, the rule of burden of proof.展开更多
It is a common principle in all countries that juristic acts that violate jus cogens are invalid. This may be termed ＂norms of legality＂ in relation to the effect of juristic acts （Rechtsgeschaft）. This refers onl...It is a common principle in all countries that juristic acts that violate jus cogens are invalid. This may be termed ＂norms of legality＂ in relation to the effect of juristic acts （Rechtsgeschaft）. This refers only to jus cogens in public law, since jus cogens in private law is self-governing or autonomous in nature and its violation results at worst in ineffectiveness rather than invalidity. In determining whether legal acts that contravene public law are valid, the objectives of the related public laws must be examined and the principle of proportionality applied to limit the interpretation of the objectives of the public law in question, in order to further distinguish obligations in public law from those in private law. Local laws and administrative rules cannot be excluded completely in the application of civil law. Violation of the law and violation of public order and good custom have totally different effects and cannot be treated as the same thing.展开更多
To be a necessity for life issue as well as an important engine to country＇s economy, electricity has private and public goods properties simultaneously, leading it difficult to balance economic profit and social res...To be a necessity for life issue as well as an important engine to country＇s economy, electricity has private and public goods properties simultaneously, leading it difficult to balance economic profit and social responsibility for a single state-owned cor- poration especially in large rural areas. In this paper, we suggest that occurrence of local company may provide us a new insight for this issue. Using objective programming model, we discuss different outcomes under competitive and cooperative situations. Our results suggest coopetitive relations among state company and local company would be a practical choice for achieving the economic profit and social duty simultaneously. Furthermore, tak- ing Sichuan province as a case, we investigate three types of coopetition relation between state company and local companies. Our findings suggest that coopetition strategy may lead to better solution to dealing with the conflicts between economic profit and social responsibility for both state-owned corporation and local electric power company.展开更多
文摘The golden period of the development of China＇s overseas trades is most significant in the Song Dynasty, which established the legal mechanisms of the overseas trades with the perfect systems. These legal regulations made clear the subjects of the overseas trade to a large extent, stipulated the procedures for the overseas trade, and at the same time, established the related legal liabilities and regulation means and methods of the governments. Although it met the huge demands of the development of the foreign trade, and had brought the economic income for the governments, yet because the governments had adopted the strict control measures, to a certain extent, it also restricted the rapid development of the foreign trade. This paper starts from the analysis of the legal subjects of the overseas trade in the Song Dynasty, and conducted the specific analysis of the trade procedures and other related contents of the legal systems of the overseas trade in the Song Dynasty.
基金funded by the "Study of Legal Mechanism of Compensation Demanded by the State and International Practices in Marine Ecological Damages (Grant No.2008GXS5B100) in the Programme of national Soft Sciences Research Projects
文摘In recent years, the frequent occurrences of marine oil spills have already become one of the major reasons threatening the marine ecological safety of China. In the event of oil spill, oth-er than taking the necessary emergent measures aiming specifically at the damage to the marine ecology and environment, using legal means to assure that the damage liabilities are borne by the respon-sible persons to protect the national interests are also very neces-sary. This paper advances five recommendations regarding the development of a system for ecological legal compensations from the standpoint of the current status of legislation and execution of the laws on compensation of oil spill polluting marine ecosystem. These five recommendations include: determination of the status of juristic action in marine ecological and environmental compen-sations in accordance with the laws, determination of plaintiff of marine ecological and environmental compensations in accordance with the laws, determination of the four basic principles in the le-gal actions of marine ecological and environmental compensations in accordance with the laws, determination of assessment technical standard of marine ecological and environmental damages in ac-cordance with the laws, and determination of the scope of marine ecological and environmental compensations in accordance with the laws.
文摘Socially-responsible business and ethical behavior of companies have been of interest to academia and practice for decades, but the focus has almost exclusively been on large corporations, while small and medium-sized enterprises （SMEs） have not received as much attention （Hammann, et al., 2009）. Worthington, et al （2006） recognized the need to encourage socially-responsible business practices among the 90 per cent or more of the world＇s businesses that are classified as SMEs. Perrini, et al （2007） found that size explains the differences in firms＇ willingness to define and implement such specific corporate social responsibility （CSR） strategies, while Murillo and Lozano （2006） concluded that it still remains to be explored whether manufacturing companies tend to apply CSR more extensively, or whether businesses oriented to other business have a tendency to incorporate CSR into their management patterns to a higher degree. Moreover, President Gloria Macapagal-Arroyo, in her 7 June, 2002 speech, recognized the importance of Chinese-Filipinos in helping improve the Philippine economy, and yet, not much research had been done on this sub-sector. Thus, this paper focuses on the effect of finn size and finn activities on the social responsibility practices of selected 30 micro, small and medium-sized enterprises （MSMEs） in Metro Manila which are owned by Chinese-Filipinos. Survey questionnaires and interview were used for gathering data, while a correlations test was used to analyze the data and to conclude whether finn size and finn activities have an effect on the sampled companies＇ CSR practices.
文摘Inference rules are at the heart of studies of logic. Although legal logic is an applied logic, it is not a simple application of the inference rules of formal logic in the legal domain, but the outcome of a combination of the inference rules of formal logic and inference rules peculiar to the legal domain. Therefore, although legal inference rules have some features in common with the inference rules of formal logic, they also have a distinctive character. Their common features are to be found in the fact that the basic inference rules of formal logic are an indispensable part of the inference rules of legal logic, while their distinctiveness lies in the fact that legal inference rules contain a special inference rule that does not exist in formal logic, the rule of burden of proof.
文摘It is a common principle in all countries that juristic acts that violate jus cogens are invalid. This may be termed ＂norms of legality＂ in relation to the effect of juristic acts （Rechtsgeschaft）. This refers only to jus cogens in public law, since jus cogens in private law is self-governing or autonomous in nature and its violation results at worst in ineffectiveness rather than invalidity. In determining whether legal acts that contravene public law are valid, the objectives of the related public laws must be examined and the principle of proportionality applied to limit the interpretation of the objectives of the public law in question, in order to further distinguish obligations in public law from those in private law. Local laws and administrative rules cannot be excluded completely in the application of civil law. Violation of the law and violation of public order and good custom have totally different effects and cannot be treated as the same thing.
文摘To be a necessity for life issue as well as an important engine to country＇s economy, electricity has private and public goods properties simultaneously, leading it difficult to balance economic profit and social responsibility for a single state-owned cor- poration especially in large rural areas. In this paper, we suggest that occurrence of local company may provide us a new insight for this issue. Using objective programming model, we discuss different outcomes under competitive and cooperative situations. Our results suggest coopetitive relations among state company and local company would be a practical choice for achieving the economic profit and social duty simultaneously. Furthermore, tak- ing Sichuan province as a case, we investigate three types of coopetition relation between state company and local companies. Our findings suggest that coopetition strategy may lead to better solution to dealing with the conflicts between economic profit and social responsibility for both state-owned corporation and local electric power company.
