A Study of Xi Jinping Thought on Governing the Country Based on the Unity of “Party Spirit-People’s Nature”

The unity of “party spirit-people’s nature” is the basic proposition of Xi Jinping’s governance.Deng Xiaoping summarized the experience and lessons in the early days of reform and opening up,and put forward the basic line of the “leadership and unity” of the party in the early stage of socialism around “one center,two basic points”;Xi Jinping’s so-called “unification”,which is based on the the basic line of Deng Xiaoping’s initial stage of building a socialist country that is “rich,strong,democratic,civilized,harmonious and beautiful”,has further established the importance of “people as the center” and “party’s leadership”.Therefore,the “people-centered” and “the party’s overall leadership” are unified and become the basic idea of General Secretary Xi Jinping’s governance of the country.Xi Jinping has put forward the unity of “party spirit-people’s nature”,the “consistency” between governing the country and politics,and the “integration” between the people’s interests and the party’s leadership,thus forming “persistence”,“comprehensive”,“confidence”,“maintenance” and other assertions.

An appraisal of the regulatory policies governing the use of herbal traditional medicine

The regulation of herbal traditional medicine(HTM)is of much importance as it ensures the safety,quality and efficacy thereof.However,there are variations in the regulation of HTM worldwide with some countries being more supportive of HTM than others.This literature review aimed to evaluate and compare the regulatory policies governing the use of HTM in developed and developing countries as well as to determine the regulatory challenges faced by regulatory authorities and governments across the world.The countries investigated in this study were Germany,the United States of America,Japan,South Africa,China and India.Variations were evident between countries,however,Germany and Japan were found to be more advanced with regards to the regulation of HTM.Germany and Japan had stricter regulatory policies and lesser safety concerns.South Africa and the United States of America appear to have inadequate or ineffective HTM regulatory systems which was seen by the countries’limited or lack of regulations and additional safety concerns.The findings showed the difference in HTM regulation between developed and developing countries were not as large as could be expected.The United States of America(developed country)was found to have poor HTM regulations,while China and India(developing countries)were found to have thorough regulations.The findings also show that both developed and developing countries continue to face challenges with regards to establishing regulations and registration procedures for HTM.

Conflict： Efficient State or State Under the Rule of Law？-- The Hungarian Case of the Victory of the Efficient State over the State Under the Rule of Law

This study is seeking an answer as to whether the efficient state and the state under the rule of law are indeed irreconcilable, as well as to whether these two categories are by nature to be seen as contrary concepts. The basic issue is whether efficiency is to be handled as an ＂extralegal＂ category, or whether legal regulation, in accordance with public administration traditions in Europe, can in itself meet the requirement of efficiency. Also the study presents the formation of the issue of conflict between the effective state and the state under the rule of law in Hungary after the election held in 2010 in the practice of economic policy and legislation of the Orban government. We are trying to answer the question of the tendency of power concentration to really menace the principles of a traditionally-formed state under the rule of law, as well as whether the economic policy of the government can be implemented effectively in a strongly centralized political and state administrative system.

The general laws of the evolution of the county governance in our country before the founding of the new China

Since the Qin Dynasty started the county system to the foundation of China, ＂county＂ has been the basic unit of the centralized state in our country. Although the county-level governance mode is stable, its evolution has laws to follow. Generally speaking, the rules are that the scale of the county government is small for a long time and the governmental functions in the long term are fixed. The roles of the clan organizations in the social governance are increasingly strengthened and the slow development and roles of other social organizations outside the clan organizations are increasing.

Human Rights Protection in the Context of Ruling the Country by Law

At a conference in Beijing on December 4, 2012 marking the 30th anni- versary of the adoption of the current Constitution, General Secretary of the CPC Central Committee Xi Jinping pointed out, ＂To fully implement the Constitution is the primary task and the basic work in building a socialist nation ruled by law.＂ He also said, ＂A country ruled by law should be first ruled by the Constitution, and lawful governance should be based on the Constitution.＂

The Three Pillars of Sustainability Framework: Approaches for Laws and Governance

The three pillars of sustainability framework is a multidisciplinary implementation and solutions oriented approach that recognizes most successful and scalable sustainability solutions require the presence of, and are driven by, all three pillars simultaneously: 1) technology and innovation;2) laws and governance;and 3) economics and financial incentives. The three pillars framework is strategic because it often reveals or describes specific and feasible changes that advance sustainability solutions within markets and institutional settings. The section on technology discusses the crucial role that technology plays in creating new ways for doing more in our rapidly urbanizing communities by using less resources and energy inputs. The section on economics discusses problems with current conceptions of economic welfare that measure growth (flow) rather than the asset base (wealth), and explores possibilities for integrated and multidisciplinary analysis for coupled economic and social systems. The section on laws and governance considers the role of legal frameworks related to incentives, regulatory baselines, and in public policy formation, including influences and feedback effects from social norms, changing culture, and sustainability education. Technological development and engaging economic markets are at the center of our best and most rapidly deployable sustainability solutions. In that context, a specific focus is given throughout the discussion sections to the key role of laws and governance in supporting relevant, effective, and sustainable technological and economic development, as well as to highlight the crucial (often final) steps the law plays in successfully implementing new sustainability projects. As the discussions and examples (taken from Asia, the US, and Europe) demonstrate, the three pillars framework is flexible and useful in a number of contexts, as a solutions template, as an integrated planning approach, as a decision making guide, and for determining project priorities.

Law, the Nigerian Economy and Corruption

Corruption has had severe negative consequences on the economic growth and development of nations all over the world especially on developing countries. It has various implications for both the developed and developing economies. Corruption hampers development and thus raises the level of poverty in any economy that finds itself entrenched in corrupt practices. Corruption creates uncertainty and risk in the growth and development potential of any country. This paper presents a review of corruption as it relates to the economic development of Nigeria. By using a theoretical method of analysis, the study reveals that corruption is Nigeria＇s biggest challenge. It is clear to every citizen that the level of corruption in the country is high because it is found in every sector of the society. In public or private sector, corrupt practices are easily observable. Corruption has been a deterrent to economic development in Nigeria. The findings show that corruption has a significant negative effect on economic growth and development. The paper examines historical connection between the law and the economy and discusses the theoretical and conceptual issues in corruption and economic development and the role of lawyers in the economy. The paper also seeks to provoke debate on the role of law in the anti-corruption crusade, strengthening the rule of law and promoting economic development. It also identifies and discusses the impact and effects of corruption on economic development in Nigeria, while proffering policy recommendations that should underpin the road to Nigeria becoming the ＂next surprise＂, on indices such as transparency, accountability, and the application of the rule of law, in dealing with corruption leading to improved consumer price index （CPI） ranking, induce investment, and foster economic growth and development.

The Accounting Profession： A Descriptive Study of the Common and Code Law Countries

The accounting profession does not have a long history. It is mainly evolved in the last 150 years in the modem sense. Many factors influence the development of accounting and there are many reasons why countries have developed different accounting systems. Among these factors, the relationship between the legal system and the accounting profession is considered worthy of examination. For this purpose, the accounting professions of selected countries are studied. This study clearly demonstrates that the accounting profession in a country has been significantly affected by the judicial system of that country. In addition, the accounting and auditing environment is divided into two separate professions in the code law countries, whereas in the common law countries the profession is mainly organized under one title. However, because of historical or cultural influences, exceptions do exist in countries like Japan, Bulgaria, and Greece.

Order of Precedence Between Local Laws of Cities with Subordinate Districts and Regulations of Provincial Governments Clarifying Premises for Discussion Based on the Characteristics of Laws

The lack of descriptions regarding the order of precedence between the local laws of cities with subordinate districts and the regulations of provincial governments in Legislation Law of the People's Republic of China(Legislation Law) has led to two divergent views. One holds that "the local laws of cities with subordinate districts should take precedence over the regulations of provincial governments," while the other supports the exact opposite. This is a value judgment issue in legislation. To reach a solution, we need to clarify the premises based on the characteristics of the laws in question so that a basic common ground can be established for discussion. The first premise for traditional legislation is that a law should be based on experience as well as logic; the second is that the experience of authority subjects, plus the three aspects of logic should outweigh the experience of social subjects, plus the three aspects of logic. With respect to postmodern legislation, the first premise is that experience should override logic, and the second is that the experience of the authority subject should take precedence over that of social subject, with no requirements for logical consistency. Since Legislation Law fal s into the category of postmodern legislation, according to the premises, the argument that the local laws of cities with subordinate districts should take precedence enjoys wider acceptance, but the view is logically challenged in terms of conceptual consistency, system consistency and principle consistency. More studies must be conducted to facilitate the discussion.

Research on the Scientific Meaning of Rule of Law in China

Beyond the existing academic viewpoints, clarifying the scientific meaning of the rule of law in China in the binary interaction between subject and object is the prerequisite for reifying the rule of law in China from an abstract symbol to a logic in action. The subject dimension of rule of law in China subsumes the legal consciousness, self confidence, independence and self-improvement of the subject. The object dimension of the rule of law in China focuses the relation mode and governance pattern between right and power. In the dimension of time, the rule of law in China is the unification of history and reality of China model. In the dimension of space, the rule of law in China is committed to seeking the right to speech, governance, management and development from the perspective of globalization.

On the Duty of the Government to Safeguard the Right to Water

The right to water is an emerging sort of human rights aiming to protect the right to water indispensable for the survival and development of individuals. From the perspective of International Human Rights Law, the paper analyzes the standards stipulating the international obligations to safeguard the right to water, inspects the state quo of the protection of the right to water in China and demonstrates the lawful suggestions to safeguard the right to water.

The Concept of the Soul of Multiverse as a Genuine Supporter of Wildlife and Biodiversity on Earth

This work used the cosmological neuroscientific concept of Soul of Multiverse for placing the problem of wildlife and biodiversity protection into a new philosophical environment where religious,scientific and philosophical approaches are in harmony.It resulted in the thought that the obligation of protecting wildlife and biodiversity on Earth,just as the sanctity of caring for all human lives,originated in cosmic laws set in the divine blueprints of the Soul of Multiverse.These laws seem to relay that in the 21st century the time has come on Earth to stop killing animals for food,to stop overhunting and overfishing,to stop industrial activities responsible for deforestation,desertification,air pollution and climate change,and to run animal experiments for science and medicine only in the extremely limited,most justified cases and only until new technologies make them no longer necessary.The conclusion was that to achieve these goals,new global governing mechanisms are needed.Specifically,the establishment of a Government of Earth,the next step of the political process that started with the United Nations in the first place,may be necessary to solve the global problems of wildlife and biodiversity protection since meaningful solutions for global problems require global governing mechanisms.

Revisiting the Spirit of the UDHR and Discussing Human Rights Development——Summary of Views from the Seminar Commemorating the 75th Anniversary of the Universal Declaration of Human Rights

On December 4,2023,the China Society for Human Rights Studies hosted a seminar in Beijing commemorating the 75^(th) Anniversary of the Universal Declaration of Human Rights.Participants discussed topics such as the significance of the Universal Declaration of Human Rights,China’s theories and practices in respecting and safeguarding human rights,the three global initiatives and global human rights governance,human rights protection in the digital age,and telling Chinese stories of human rights in the new era.The discussions led to a broad consensus and achieved positive results.

通过扫黑除恶的社会治理——以贯彻落实《反有组织犯罪法》为视角

在黑恶势力及其违法犯罪严重影响基层政权稳定的严峻形势下,党和国家决定开展扫黑除恶专项斗争,经过三年的全面、深入、系统推进,成效显著,赢得全面胜利。扫黑除恶是国家专门力量直接介入基层社会治理的重要体现,但单纯通过刑事司法或综合治理均无法达到深入且快速的良好治理效果。在总体国家安全观的指导下《,反有组织犯罪法》以“四个结合”为治理理念,构建惩防并举、标本兼治的有组织犯罪治理体系。其具体体现了司法治理与综合治理并重,且重点突出、有机衔接的共治路径及其立法思路。其中,司法治理强调宽严相济刑事政策的细化落实及关联治理机制的体系性完备,综合治理则突出群众路线下治本且治标的综合预防体系健全。通过不断完善的法治来推动常态化、高质效的有组织犯罪治理,保障扫黑除恶的法律效果、政治效果与社会效果相统一,有利于促进实现国家治理体系和治理能力现代化。

中国加入WTO十年的法理断想:简论WTO的法治、立法、执法、守法与变法

在中国加入WTO"满九晋十"之际,针对目前国内外学界流行的某些看法,提出若干商榷意见和建言,是很有必要的。中国人亟宜认真总结加入WTO九年以来的实践经验,对WTO的体制及其立法、法治、执法现状,进行一分为二的科学剖析和判断,提高认识,用以指导今后的新实践。中国和国际弱势群体既要在WTO现存体制中"守法"和"适法",在实践中精通其运行规则,使其为我所用,最大限度地趋利避害;又要在实践中明辨是非臧否,深入探究WTO现行体制中对国际弱势群体明显不利和显失公平的各种条款和"游戏规则",认真思考其变革方向,并通过"南南联合",凝聚力量,推动"变法图强",促使WTO法制和法治与时俱进,造福全球。

WTO与中国经济法的发展

经济法是处理公法与私法、政府与市场关系 ,协调二者之间关系的一种法律。在我国的市场化改革和即将加入WTO之际 ,这种关系的妥善处理具有十分重要的意义。它直接关系到我国改革能否顺利进行 ,社会主义市场经济秩序能否合理地建立起来。

WTO规则与我国经济法调整对象的再思考

本文依据WTO规则和我国经济法的实践 ,运用比较法、法律经济学、国际经济法和国际经济法的理论和研究方法 ,论证WTO规则的政府性、经济性、协调性特点 ,对我国经济法调整对象的特点进行了比较分析 ,并指出我国经济法调整对象与WTO规则调整对象的不一致性。在此基础上 ,结合我国经济法调整对象的政府性、经济性、协调性特点 ,围绕我国经济法与WTO规则的一致性规律 。

WTO《政府采购协定》之实施机制

本文立足法律实施机制内涵 ,以法律实施机制的内在要素为视角分析了WTO《政府采购协定》实施机制 ,并认为 :缔约国承诺是WTO《政府采购协定》实施机制的基础 ,双层救济体制是《政府采购协定》实施机制的核心 ,缔约国立法与司法保障是《政府采购协定》实施机制的关键。

TikTok被禁中的数据博弈与法律回应

TikTok的海外被禁,既反映了在中美博弈的现实背景下美国对数据控制权的追求,也映射出新技术对现行法律规则的挑战和产生的风险。面对当前的困境,中国企业应在合规与诉讼中维护自身权益,中国更应在支持与开放中保护本国企业并争取数据博弈优势地位。TikTok所代表的技术创新尽管会与现行法律产生龃龉并引发风险,但有效的法律创制、解释与适用是能够规制风险的。而随着科技的进一步发展,法律与科技的内在矛盾也将日益凸显,简单地判处技术死刑并无益于人类社会的发展和法律秩序的维护,秉持包容性规制的法律回应模式才是构建未来法治的应有之义。

论加入WTO与政府依法行政

依法治国是依法行政的前提条件 ,同时依法行政又是依法治国的重要基础。我国在行政立法、行政执法和行政法制监督等方面存在诸多问题 ,政府应通过完善行政立法、深化行政管理体制改革和加强行政执法队伍建设等途径 。