General Provisions of the Civil Law and Commercial Legislation: Consensus, Problems and Options——Taking Commercial Agency as an Example

In the context of the codification of China's Civil Code, the academic consensus has been to make commercial legislation systematic and establish commercial norms with proper legislative expression. Many direct and indirect commercial norms in General Provisions of the Civil Law provide evidence that civil law has been turned into commercial law. However, a general overview shows that the absence of related norms, including agency in duty, reveals that General Provisions of the Civil Law is lacking commercial law's characteristics. In addition to the Civil Code, using General Rules of Commercial Law is a relatively reasonable choice for commercial legislative arrangements, such as norms in relation to agency in duty. Taking commercial agency as an example, legislators should adopt problem-oriented and limited systematic patterns of "residue law" instead of unified patterns of codification.

Toward an Ecological Civilization:China’s Progress as Documented by the Second National General Survey of Pollution Sources

The relationship between environmental quality and economic growth has been a hot topic for decades.After years of rapid industrialization and urbanization,China’s environmental challenges are approaching a turning point.Following the principles of ecological civilization construction,China is on its way to maintaining high-quality and green economic development.On 10 June 2020,the Chinese Government reported the key findings of the Second National General Survey of Pollution Sources(fiscal year 2017),which provides strong quantitative evidence of progress toward ecological civilization.In terms of our comparison between the two National General Surveys in 2007 and 2017,it was found that environmental pollution,measured in terms of many wastewater and air emission pollutant discharges,is decreasing despite the steady growth in economic activities—and at a noticeably fast pace.Other national and local governments can adopt some of China’s ecological civilization practices,within their own individual contexts.

General Law of the Universe and Unity of All Universal Forces

All life forms in the universe have four-seasonal structure, four-seasonal movement, four gradations, and rise and fall of four gradations. This is the common feature of all life forms in the universe and the general law of the universe. The unity of the universe includes the unity of all universal forces which consist of two kinds, physical force and life force. The former includes bonding force, strong interaction, quark confinement, weak interaction, electromagnetic interaction and gravitational interaction and is also called four-seasonal structure. The latter lies inside the life forms, combines life beings and pushes the four-seasonal movement and rise-fall movement inside life forms. Life force includes transverse four-seasonal force, longitudinal four-seasonal force, four-gradation force, life being structural force and four-gradation rise-fail force. All these forces are united to form a complex life force system. Life force is also a compound, integral, long-range and automatically-closed four-seasonal force. Life being structural force is a force that connects all parts of a life being to make it an integral being. In the universe, life being structural force is an invisible three-dimensional net and a rigid structure and movement. It endows all heavenly bodies with a highly orderly structure and movement. Morality is the dominator of the universe. The whole universe is a moral system and all things in it have morality. Morality is also presented as a force, namely moral force, including rise force and fall force. The unity of all forces in the universe is the general law of the universe.

Mathematical model and general laws of wet compression

Wet compression is an effective way to enhance the performance of gas turbines and it has attracted a good deal of attention in recent years. The one sidedness and inaccuracy of previous studies,which took concentration gradient as mass transfer potential are discussed. The mass transfer process is analyzed from the viewpoint of non equilibrium thermodynamics,by taking generalized thermodynamic driving force as mass transfer potential,and the corresponding mass transfer coefficient is obtained using the heat and mass transfer equilibrium occurring between moist air and water droplets at wet bulb temperature for the sake of avoiding complex tests and providing more accurate formulas. A mathematical model of wet compression is therefore established,and the general laws of wet compression are investigated. The results show that the performance of atomizer is critical for wet compression and wet compression is more suitable for compressors with higher pressure ratio and longer compression time.

LARGE TIME STEP GENERALIZATION OF RANDOM CHOICE FINITE DIFFERENCE SCHEME FOR HYPERBOLIC CONSERVATION LAWS

A natural generalization of random choice finite difference scheme of Harten and Lax for Courant number larger than 1 is obtained. We handle interactions between neighboring Riemann solvers by linear superposition of their conserved quantities. We show consistency of the scheme for arbitrarily large Courant numbers. For scalar problems the scheme is total variation diminishing.A brief discussion is given for entropy condition.

The Notion of Efficiency in China’s Civil Law Scholarship

The pursuit of economic efficiency is the major driver for the birth of contemporary Chinese civil law.Contemporary civil law scholarship has demonstrated a serious concern for efficiency from the very beginning.However,many examples suggest that the notion of economic efficiency is often diluted or replaced by factors like civil law doctrinal scholasticism,moral notions,inertial thinking of the planned economy or the will of the leader.It has not been systematically attended to or expressed in a detailed and precise way in the contemporary civil law scholarship in China,rendering some economic judgments uneconomical.In the 21 st century,it is necessary for the civil law studies to establish a clearer and more precise notion of efficiency,to conduct more direct and accurate evaluations on civil laws’incentives on people’s behaviors and their socio-economic effects,so as to reduce the cost of social interactions and promote deeper cooperation and winwin outcome among individuals.

How does the Civil Code Process the Civil and Commercial Relations According to the Insurance Law

The relationship between the civil law and commercial law is a long-standing issue of controversy in the area of private law, and it is also an issue of unavoidably legislative selection during the codification the civil code in almost every country. Since the founding of the People Republic of China, China has carried out the codification of civil code for four times, and since the part^s eighteen plenary session officially proposed the ＇codification of civil code＇, the issue of the civil and conmaercial relation draws the attention again, either unification or division of civil and commercial law directly affects the system and content of the civil code, and affects how to process the relationship between the civil law and commercial law during the codification of the civil code as well. The codification of the civil code should not only consider the legislative tradition of the civil and commercial legislation and the current legal system, but also pursue characteristics of the commercial law, in a system of combining civil and commercial law, through adding commercial law into the general principle of civil law; the existing commercial law should be separately retained.

Research on the Operation Mechanism of Claim in Civil Procedure Law and the Applications on Court Trial Way Reform

In this paper, we conduct research on the operation mechanism of claim in civil procedure law and the applications on the court trial way reform. The ultimate goal of the rule of law lies in identifying and protecting the rights of citizens. Way to protect the rights of citizens is diverse, but the judicial relief is the most basic and important form of insurance. Everyone can “into” the court and get the impartiality of the judicial relief, is a measure of a country judicial level height and the rule of law implementation degree of important yardstick. Judicial system and judicial procedure to build and build a better, if the subject of litigation rights are not being met and the safeguard, can’t get through the door and it is the legislators and legal scholars over the many efforts are meaningless, under this basic condition, we propose the new perspective on the corresponding issues that is necessary.

On China’s Civil Law Codification and the Development of China’s Civil Law Scholarship

The development of the theoretical system of civil law scholarship and the codification of civil law are closely related and of promotional function to each other.The codification of civil law can promote the systematization of civil law scholarship,perfection of the value system,development and modernization of civil law studies,and the systematization of legal hermeneutics.The subjectivity of China’s civil law scholarship,i.e.,the notions of problem-orientation,nativeness,practice,the times and innovations,can be improved during China’s civil law codification.The codification of civil law can promote the development of a theoretical system of civil law scholarship with Chinese characteristics,including the development of diversified elements such as values,content,system,hermeneutics and methods of civil law.

A SUMMARY OF THE CIVIL AVIATION LAW

Early in 1979,China beganconsidering the drawing up of alaw to govern and standardize theactivities of its civil air operations. At that time,air legislation wassomething nonexistent in China.Thedraft team assembled forces totranslate the air laws of various foreigncountries,including the United States,Britain,Japan and the former SovietUnion,and the relevant internationalconventions,and conducted a deep-going study of them.They also madeinspection tours of the United States,Canada,Britain and Germany.Onthe basis of the study of and withreference to the advanced legislativepractices in foreign countries,thedraft team put forward its first draft ofthe air law in July 1983,in accordancewith the actual conditions of thecountry.It was not,however,submitted to an executive meetingof the State Council for examinationand discussion because a series ofmajor problems such as air trafficcontrol and the control over theairworthiness of aircraft,had to befurther investigated and studied.

On the protection of the right of privacy of patients by the civil law

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.

The General Theory of Law and Its Development in China

Study of the general theory of law,as an independent branch of legal research,originated in Germany in the mid to late 19th century,and thereafter became a widely propagated and well-developed subject in countries such as the UK and the US.Scholars from the Soviet Union combined the general theory of law with Marxist philosophy and adapted it from an analytical legal theory to a social legal theory.The inheritance and development of the general theory of law in China went through three stages.Specifically,from the 1950s to the early 1960s,the jurisprudence community fully adopted the legal theories promoted by the Soviet Union;from the early 1980s to the late 1990s,the studies reflected upon past theories and sought advancement;and from the late 1990s to present,research has adopted a more open and innovative approach.In addition,the philosophy of law and other interdisciplinary subjects have gradually become dominant research paradigms.A review and compilation based on the evolution of theories of legal relations showed that the study of the general theory of law in China is closely associated to the historical rate of progress of the practice of rule of law and jurisprudence in China.The overall framework of the research is deeply influenced by the model of“theories of the Soviet+civil-law prototypes”.In addition,the research methods have evolved from investigations utilizing a single approach to processes combining various approaches.The general theory of law is far from a“relic of history,”and corresponding in-depth research is recommended for future jurisprudence study in China.

美国生物安全信息披露豁免制度研究——以“Civil Beat Law Center诉CDC案”为例

美国在以《自由信息法案》为核心的信息披露制度体系中,通过衔接《公共卫生安全和生物恐怖主义预防和应对法案》,将生物安全信息披露豁免纳入政府信息披露豁免规则之中。本文基于Civil Beat Law Center诉CDC信息披露豁免案来分析美国生物安全信息披露豁免所涉法律适用、解释原则、运行方式等,试洞见其相关披露制度运行的特点和所存在的问题,以期能有助于国内相关的研究。

An Empirical Analysis of the Impact of the Contract Book of the Civil Code on Labor Dispute Trial Practices:A Study of Four Hundred Judgments

Interpretation(I)of the Supreme People’s Court of Issues Concerning the Application of Law in the Trial of Labor Dispute Cases allows for the application of pertinent laws and regulations,including the Civil Code of the People’s Republic of China(hereinafter referred to as the“Civil Code”),in labor dispute cases.This has resolved the controversy over the relationship between civil law and labor law in academic and practical communities.In view of this development,we examined four hundred judicial documents,analyzing the focal points of disputes,the reasoning behind judgments,applicable laws,and judgment results.Our study identified seven impacts of the Contract Book of the Civil Code on labor dispute trial practices,exploring the underlying logic behind these changes and proposing policy suggestions to promote consistent judgments across jurisdictions,enhance judicial credibility,and encourage employers to govern enterprises in compliance with the law while empowering employees to safeguard their rights in accordance with relevant laws and regulations.

Combining the Rule of Law with the Rule of Morality——General Secretary Xi Jinping's Important Discourse on the Relationship Between the Rule of Law and Rule by Virtue

Key points:Throughout the ages,rule of law has been an indispensable means of governing a state.However,as General Secretary Xi Jinping has pointed out,it is not enough to govern a state by the rule of law

The Protection of the Right to Dignity in the Connection and Interaction between the Constitution and Civil Law

In the report of 19;National Congress of the Communist Party of China,General Secretary Xi Jinping said that China seeks to"accelerate development of the crime prevention and control system,combat and punish in accordance with law all illegal and criminal activities such as pornography,gambling,drug abuse,gang violence,kidnapping,and fraud,and protect people’s personal rights,property rights,and right

数字时代图书馆法治建设高质量发展的五维审思

图书馆是文化资源的储存库和提取库,担负着凝聚民族亲和力与团结力的历史使命。数字时代《公共图书馆法》及其相关法律为数字化法治化图书馆的设立、运行及服务等提供了规范依据,呈现出布局时空、内驱外引、业态迭新、为民服务的发展优势。2023年2月中共中央、国务院相继印发《质量强国建设纲要》,指出要大力推动图书馆、博物馆等公共文化场馆数字化发展,加快线上线下服务融合。图书馆所蕴含的文化、教育、开放、共享等价值理念成为人民实现和平与发展的精神品格,有助于保障人民公共利益权利,有助于满足人民群众对文化资源获取的美好期待,有助于团结全体人民智慧共建人类文明共同体。

人类文明形态演进的生命辩证法

马克思的世界观实现了相对于旧哲学世界观的革命性变革,这就是把价值论的维度引入世界观,从而不仅回答了“世界是什么”的本体论问题,而且回答了“世界向何处去”的价值论问题。按照马克思的世界观,人类文明形态的演进本质上是人类这一物种寻求永生的过程。于是,世界历史进程便表现为人类文明形态不断演进的过程。文明形态的演进遵循辩证法原理,而人类通过文明形态的演进,展现了人类独特的生命活动形式,即生命辩证法。共产主义社会文明形态实现了人类文明中“自然法则”和“理性法则”的辩证统一,使人类这一物种的永久生存成为可能。

“Fundamental Rights and Private Law” in China

The Qi Yuling case is a crucial juncture in the study of “fundamental rights and private law” in China, yet relevant research is underpinned on two clues. The first is that the increasing interest in the “constitutionalization of private law” worldwide provides knowledge resources and reference materials for scholars in China;the second is the understanding and exploration of the judicial application of the Constitution since the 1980s. Among them, such concepts as “the Constitution has direct legal effect” and “the Constitution needs to be implemented by the people” could have directly affected the Qi Yuling case. Focusing on such topics as the case of Qi Yuling, judicial enforcement of the Constitution, and the compilation of the Civil Code, scholars discussed the ways and scope for inclu ding fundamental rights in private law based on their experience abroad. They also looked into specific issues, covering how fundamental rights affect civil acts and the private law effects fundamental rights like personality rights, equali ty rights, freedom of speech, and protection of personal information. In the context of promoting the full implementation of the Constitution in the new era, “fundamental rights and private law” is still a field with great potential in both practice and theory.

民法教学中的“一体化”思维模式培养

民法作为法学教学中最重要的一门专业课之一,一直面临一个不可回避的困难,即民法下属各分支领域之间的“思维壁垒”。为突破此困难,文章以请求权,这个民法理论和实践上的双重核心概念为支点,提出以“一体化”民事法律思维培养为中心的教学理念,并以“债权”,这个民法中最复杂、最特殊、最重要的分支为例,详细论证“一体化”思维模式培养的三个教学模块,即债权请求权的分类体系、债权请求权的抗辩体系和债权请求权的后置程序。同时根据上述内容改变传统的案例教学方法,形成一套能够适应“一体化”思维模式培养要求的案例教学方法。