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
The release of the Opinions on Strengthening Legal Education and Legal Theory Research in the New Era(hereinafter referred to as the“Opinions”)is a milestone in the history of legal education since the founding of t...The release of the Opinions on Strengthening Legal Education and Legal Theory Research in the New Era(hereinafter referred to as the“Opinions”)is a milestone in the history of legal education since the founding of the People’s Republic of China in 1949.Standing at a new historical starting point for exercising law-based governance on all fronts and advancing the rule of law in China,this document outlines new development goals for legal education and legal theory research in the new era from both short-term and long-term perspectives.It adheres to the guidance of XI Jinping Thought on Socialism with Chinese Characteristics for a New Era,and puts forward the principles of upholding and strengthening the overall leadership under the Communist Party of China,adhering to the scientific guidance of XI Jinping Thought on the Rule of Law,accomplishing the core task of economic development and serving the overall interests of the country,fostering virtue through education and cultivating talent with both moral quality and legal literacy,following the objective law,and integrating the underlying tenets of Marxism with China’s realities and the fine traditional Chinese culture,thus establishing the principles for the new development of legal education and legal theory research in the new era.It proposes to strengthen top-level design and strategic arrangements,promote the reform and improvement of the law school system,accelerate the improvement of the legal education system,and innovatively develop the legal theory research system.Therefore,a new development landscape for legal education and legal theory research in the new era has been established.The Opinions clearly stipulates the leadership system,management system,and coordination mechanism for legal education and legal theory research,and creates a new development system for legal education and legal theory research in the new era.展开更多
In our highly globalized but culturally divided world whereby so-called defense industry is implied as both innovative and progressive, as contemporaneously the international legal doctrine is conceived to be static a...In our highly globalized but culturally divided world whereby so-called defense industry is implied as both innovative and progressive, as contemporaneously the international legal doctrine is conceived to be static and conservative. This doubly bound narrative itself is almost as old as international law wherein the most striking contradictory moments happened in the era of, and between two world wars: In such a way that our thinking of legal and other fields owe much more thereto than we realize today. In this study, it is purported to call attention to some key understandings which may be termed as militarist humanitarianism, humanitarian militarism, or, optimist scientism, and pessimist humanitarianism. As such, it is intended to examine international issues pertaining to humanitarianism and militarism through the lens of different perspectives, doctrine-itself and their history as enshrined in the Protocol IV on Blinding Laser Weapons, issues which are almost totally neglected in the mainstream media and academia.展开更多
In this article, the logical implications of a right to life are examined. It is first argued that the prohibition of Termination of life on request confers an inalienable right to life. A fight is inalienable if it c...In this article, the logical implications of a right to life are examined. It is first argued that the prohibition of Termination of life on request confers an inalienable right to life. A fight is inalienable if it cannot legitimately be waived or transferred. Since voluntary euthanasia entails waiver of the right to life, the inalienability yields that it cannot be justified. Therefore, any ethical position that is in favor of voluntary euthanasia has to argue that the right to life is an inalienable right and accept the conclusion that killing on request is justified.展开更多
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 suc...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.展开更多
Political legitimacy is the question about how a regime could be stable and lasting. Max Weber, a scholar, defined legitimacy earliest and carried out a systematic study in the history. He divided the legitimate autho...Political legitimacy is the question about how a regime could be stable and lasting. Max Weber, a scholar, defined legitimacy earliest and carried out a systematic study in the history. He divided the legitimate authority into traditional authority, authority of charisma and authority of legal theory. This paper is just based upon authority rules of the three types, and discusses the organization's establishment, operational and managerial characteristics under the three kinds of authority. It is expected to provide references for reform of the administrative system.展开更多
Little scholarly work has been done on understanding Taizong's (one of China's most influential emperors) legal thought. Existing historiography has been descriptive and has not fully contextualized Taizong's leg...Little scholarly work has been done on understanding Taizong's (one of China's most influential emperors) legal thought. Existing historiography has been descriptive and has not fully contextualized Taizong's legal thought in his broader political thought. Furthermore, it has been influenced by the traditional bias in Tang historiography as a whole, which has been adulatory toward Taizong's reign. Drawing from a variety of sources, including dynastic histories and Taizong's writings, this article seeks to complicate the existing historiography. It lays out key characteristics of Taizong's legal thought, situating them in the historical context in which Taizong operated, as well as contextualizing them within his broader political thought, to present a more balanced analysis. It will argue that Taizong was an emperor who was concerned with legality, competent legal administration, and leniency in punishments. His actions and rhetoric also suggest that he believed that law should be applied to the emperor's conduct as well. At the same time, this article also argues that Taizong should not be viewed primarily as an innovative legal thinker or as someone with an ideological or idealistic commitment to legal reform for its own sake. Rather, he was a man whose views on law were greatly motivated by practical, political concerns, such as concerns regarding the stability and legitimacy of his rule. More broadly, this article contributes to the historiography of traditional Chinese legal history by complicating the so-called dominant narrative of the process of "Confucianization of law" in premodern Chinese history by highlighting the role that specific historical actors (such as Taizong) played in that process.展开更多
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The release of the Opinions on Strengthening Legal Education and Legal Theory Research in the New Era(hereinafter referred to as the“Opinions”)is a milestone in the history of legal education since the founding of the People’s Republic of China in 1949.Standing at a new historical starting point for exercising law-based governance on all fronts and advancing the rule of law in China,this document outlines new development goals for legal education and legal theory research in the new era from both short-term and long-term perspectives.It adheres to the guidance of XI Jinping Thought on Socialism with Chinese Characteristics for a New Era,and puts forward the principles of upholding and strengthening the overall leadership under the Communist Party of China,adhering to the scientific guidance of XI Jinping Thought on the Rule of Law,accomplishing the core task of economic development and serving the overall interests of the country,fostering virtue through education and cultivating talent with both moral quality and legal literacy,following the objective law,and integrating the underlying tenets of Marxism with China’s realities and the fine traditional Chinese culture,thus establishing the principles for the new development of legal education and legal theory research in the new era.It proposes to strengthen top-level design and strategic arrangements,promote the reform and improvement of the law school system,accelerate the improvement of the legal education system,and innovatively develop the legal theory research system.Therefore,a new development landscape for legal education and legal theory research in the new era has been established.The Opinions clearly stipulates the leadership system,management system,and coordination mechanism for legal education and legal theory research,and creates a new development system for legal education and legal theory research in the new era.
文摘In our highly globalized but culturally divided world whereby so-called defense industry is implied as both innovative and progressive, as contemporaneously the international legal doctrine is conceived to be static and conservative. This doubly bound narrative itself is almost as old as international law wherein the most striking contradictory moments happened in the era of, and between two world wars: In such a way that our thinking of legal and other fields owe much more thereto than we realize today. In this study, it is purported to call attention to some key understandings which may be termed as militarist humanitarianism, humanitarian militarism, or, optimist scientism, and pessimist humanitarianism. As such, it is intended to examine international issues pertaining to humanitarianism and militarism through the lens of different perspectives, doctrine-itself and their history as enshrined in the Protocol IV on Blinding Laser Weapons, issues which are almost totally neglected in the mainstream media and academia.
文摘In this article, the logical implications of a right to life are examined. It is first argued that the prohibition of Termination of life on request confers an inalienable right to life. A fight is inalienable if it cannot legitimately be waived or transferred. Since voluntary euthanasia entails waiver of the right to life, the inalienability yields that it cannot be justified. Therefore, any ethical position that is in favor of voluntary euthanasia has to argue that the right to life is an inalienable right and accept the conclusion that killing on request is justified.
基金the phased achievement of an ongoing project sponsored by the“Qian Duansheng Support Plan for Outstanding Scholars of China University of Political Science and Law”.
文摘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.
文摘Political legitimacy is the question about how a regime could be stable and lasting. Max Weber, a scholar, defined legitimacy earliest and carried out a systematic study in the history. He divided the legitimate authority into traditional authority, authority of charisma and authority of legal theory. This paper is just based upon authority rules of the three types, and discusses the organization's establishment, operational and managerial characteristics under the three kinds of authority. It is expected to provide references for reform of the administrative system.
文摘Little scholarly work has been done on understanding Taizong's (one of China's most influential emperors) legal thought. Existing historiography has been descriptive and has not fully contextualized Taizong's legal thought in his broader political thought. Furthermore, it has been influenced by the traditional bias in Tang historiography as a whole, which has been adulatory toward Taizong's reign. Drawing from a variety of sources, including dynastic histories and Taizong's writings, this article seeks to complicate the existing historiography. It lays out key characteristics of Taizong's legal thought, situating them in the historical context in which Taizong operated, as well as contextualizing them within his broader political thought, to present a more balanced analysis. It will argue that Taizong was an emperor who was concerned with legality, competent legal administration, and leniency in punishments. His actions and rhetoric also suggest that he believed that law should be applied to the emperor's conduct as well. At the same time, this article also argues that Taizong should not be viewed primarily as an innovative legal thinker or as someone with an ideological or idealistic commitment to legal reform for its own sake. Rather, he was a man whose views on law were greatly motivated by practical, political concerns, such as concerns regarding the stability and legitimacy of his rule. More broadly, this article contributes to the historiography of traditional Chinese legal history by complicating the so-called dominant narrative of the process of "Confucianization of law" in premodern Chinese history by highlighting the role that specific historical actors (such as Taizong) played in that process.