[Objectives]To explore the evolution of the legal system of farmland protection and explore the rules and characteristics of policy development based on the theory and logic of institutional change since China's r...[Objectives]To explore the evolution of the legal system of farmland protection and explore the rules and characteristics of policy development based on the theory and logic of institutional change since China's reform and opening up,reveal the problems and deep-seated reasons of its legislation,clarify the direction of farmland protection in the new period,and solve the"non-agricultural""non-grain"and ecological problems of farmland.[Methods]Literature analysis and inductive deduction methods were used.[Results]The evolution of the farmland protection legal system has gone through the process of"national consciousness-policy guidelines-institutional system",the change from"single subject to multiple subjects";change from the use of"one-way administrative means to coordinated use of administrative,economic and technical means".The practical problems of the farmland protection legal system are mainly due to the insufficient systematization of the farmland protection legal system itself,the generalization of quantity protection,the transformation of quality protection,and the absence of ecological protection.[Conclusions]It is recommended to improve the existing farmland protection legal system from the establishment of the Farmland Protection Law,the improvement of the farmland protection public participation mechanism and supervision mechanism,the establishment of the farmland quality construction and improvement system,the differentiated farmland occupation and supplementation balance system,and the ecological restoration system.展开更多
Rapid population aging is a social reality facing China at present,and the issue of elderly care has become a hot topic of social concern.Legislation to address the issue of elderly care in the context of population a...Rapid population aging is a social reality facing China at present,and the issue of elderly care has become a hot topic of social concern.Legislation to address the issue of elderly care in the context of population aging should follow systematic concepts to achieve“vertical and horizontal integration.”In terms of content,it is necessary to formulate specific legal approaches around“the elderly and children,”with a focus on guaranteeing the livelihood and protection of the rights of the elderly while taking into account childbirth,employment and other issues.the laws should not only safeguard the social participation and labor rights of the elderly,but also effectively respond to the social challenges brought about by the aging of the population.It is also necessary to optimize the family planning policy to ease the burden of child-raising,improve the population structure and promote the long-term balanced development of the population,thus fundamentally solving the problem of population aging.the effort to improve the legal system to deal with the issue of elderly care in the context of population aging will better advance Chinese modernization.展开更多
In the era of the Internet,various network platforms have evolved into new hubs for information dissemination.Currently,China has established a platform-centered content regulation framework,wherein platforms proactiv...In the era of the Internet,various network platforms have evolved into new hubs for information dissemination.Currently,China has established a platform-centered content regulation framework,wherein platforms proactively enforce content regulations in accordance with legal censorship obligations.Additionally,platform policies and user agreements augment their authority in content regulation.The platforms can achieve cost-effective and highly efficient content regulation by leveraging their strategic advantages enabled by their own technical capabilities and extensive coverage.The platform self-regulation model,however,still faces challenges.First,accurately evaluating content remains a formidable task;second,ensuring effective platform publicity through self-regulation poses difficulties;third,users may potentially face disadvantages due to the platform’s right of self-regulation;and fourth,digital copyright owners face challenges when defending digital copyright disputes under the safe harbor rule.Therefore,it is imperative to establish,review,and revise the legal framework for content regulation of network platforms in order to enhance the efficiency of their governance systems.The formulation of the legal framework for content regulation of network platforms may encompass the following aspects:rationalizing obligations pertaining to platform content regulations,enhancing supervision over platform self-regulation,and establishing a dual-track responsibility system for digital copyright content regulation.This will ensure a harmonious balance among public interests,users’personal rights and interests,and commercial benefits through regulating the content on network platforms.展开更多
Analyze the compatibility between cosmetics and live streaming e-commerce from its own nature,marketing means and supply chain characteristics.According to the prominent problems,sort out the relationship between all ...Analyze the compatibility between cosmetics and live streaming e-commerce from its own nature,marketing means and supply chain characteristics.According to the prominent problems,sort out the relationship between all parties in the cosmetics live e-commerce industry chain.Combined with the latest regulatory policies of live streaming e-commerce and cosmetics,the responsibilities of different subjects in cosmetics live streaming e-commerce are summarized,and relevant suggestions and countermeasures are put forward for the standardization and development of live streaming e-commerce.Cosmetics brand owners are the first responsible persons for product quality.Anchors,as a mixed identity between intermediary,advertising spokesperson and operator,should bear stricter joint and several liability when recommending products related to consumers’health.If anchors fail to clearly identify themselves in the recommendation process,thus causing consumers to mistake them for the operator of the cosmetics,they should assume the obligations of the operator.展开更多
With the background of enterprise compliance management,this paper discusses how to improve the level of enterprise legal service and reduce enterprise legal risks by optimizing the compliance management system.It aim...With the background of enterprise compliance management,this paper discusses how to improve the level of enterprise legal service and reduce enterprise legal risks by optimizing the compliance management system.It aims to analyze the current situation and existing problems of enterprise legal services through the analysis of the importance of compliance management.Furthermore,it delves into the case of enterprise legal service strategy based on compliance management optimization to verify the effectiveness and feasibility of enterprise legal service strategy.展开更多
Taking Poyang Lake Eco-economic Zone as an example,we analyzed existing problems in China'forest resource protection from the perspective of legal system.The problems include unclear property right system of fores...Taking Poyang Lake Eco-economic Zone as an example,we analyzed existing problems in China'forest resource protection from the perspective of legal system.The problems include unclear property right system of forest resource,imperfect compensation mechanism for forest ecology,forest cutting quota scheme not resolutely put into practice,legal supervision of forest protection not implemented,and lack of integration in forest protection laws.Based on these problems,we put forward countermeasures and suggestions:establish clear forest resource property system;improve ecological benefit compensation mechanism in legal form;strictly implement forest cutting quota scheme;strengthen legal supervision of forest protection;and keep legal system integral for forest resource protection.展开更多
In the present era, water contamination represents one of the considerable environmental problems. Population growth along with ever increasing industrial developments has resulted in the contamination of most of the ...In the present era, water contamination represents one of the considerable environmental problems. Population growth along with ever increasing industrial developments has resulted in the contamination of most of the water resources in the world, bringing about serious problems for humans and other living organisms. According to the human life on earth depends on the way different water resources are exploited, the most important way to preserve the quality of water resources is to codify appropriate regulations and standards and develop plans for proper and principled implementation of them. Therefore, it seems to be necessary to take required actions to manage water resources optimally. In this regard, one of the most significant legal tools is the law. Following a descriptive-analytic approach, the present research aims to consider legal challenges in the context of water contamination briefly. Investigations indicate that, given the limitations in water resources, in future, water contamination will raise serious problems for the country should the solutions and measures required for tackling this issue are not well incorporated into respective regulations. As such, in order to systemize the activities within this scope, it is necessary to codify a comprehensive act about different water-related topics, so as to cover all separate and sparse pieces of regulations on water. Further, acquiring help from experts when preparing the regulations with an emphasis on the inhibitory role of penalties, roles of NGOs and culture-making in the society will contribute to the successful legal protection of the quality of water resources.展开更多
In order to realize the orderly development and rational use of marine resources,construct a new marine economic development model,effectively adjust the relationship between marine resource protection and social prod...In order to realize the orderly development and rational use of marine resources,construct a new marine economic development model,effectively adjust the relationship between marine resource protection and social production,and promote the legalization and institutionalization of marine resource protection.Based on the reality,this article attempts to explore the ways and means of improving and constructing the legal system for the protection of marine resources from multiple dimensions.It aims to form a complete marine resource development system from the legal level and provide legal guarantee for the development of marine economy.展开更多
The inconsistency and disharmony in China’s environmental legal system are seriously undermining the authority and effectiveness of environmental laws, making it hard to achieve the national environmental legislative...The inconsistency and disharmony in China’s environmental legal system are seriously undermining the authority and effectiveness of environmental laws, making it hard to achieve the national environmental legislative goals. It is found in this study that at least 18 administrative regulations and rules conflict with the five recently-revised environmental laws. The legislative vacancy rate of province-level environmental laws reaches 27.8%, and that of city-level environmental laws in the major cities reaches 59.7%. Besides, 66% of the local including both province-level and city-level environmental laws have the problem of legislative lags, with an average lag of 2547.8 days. In addition, there are many legal conflicts between national environmental laws and local environmental laws. In order to help China to build a harmonious and unified environmental legal system, some suggestions are proposed in this study, including comprehensively examining the lower-level environmental laws, strengthening the leading role of local people’s congresses in environmental legislation, improving the construction of filing and review mechanism, and optimizing the mechanisms for information disclosure and public participation.展开更多
Background: There is a complex interplay between women’s preferences, abortion services availability and the context in which these are provided. Even in countries where it is legal, denial of abortion is common, esp...Background: There is a complex interplay between women’s preferences, abortion services availability and the context in which these are provided. Even in countries where it is legal, denial of abortion is common, especially in low and middle income countries, forcing women to look for the service elsewhere and bringing serious consequences to the health and wellbeing of many women and their families. This non-systematic review pretends to answer the question: Which are the barriers to and facilitators for the access to legal abortion services in low and middle income countries? Methods: A non-systematic bibliographical review. Inclusion criteria: all quantitative, qualitative and evidence synthesis studies performed in low and middle income countries according to the World Bank classification for 2015 and published in English, Spanish and Portuguese language, between 2005 and 2017. Exclusion criteria: articles evaluating the efficacy of interventions, addressing the knowledge about abortion procedures among health care students and personnel, as well as those that only included sex workers. Results: The database search yield 199 articles in MEDLINE. 24 in Scopus and 38 in Scielo. A total of 22 articles including 15 countries from Africa (n = 6), Asia (n = 5), Central and South America (n = 3) and Europe (n = 1). The legal status of abortion in each of these countries was studied and described. For the analysis of the information, three categories of deepening were established: Laws and policies, Service delivery and Women’s abortion care-seeking behavior. Conclusion: the determinants of access to abortion in low and middle income countries are convoluted as multiple delays and barriers usually overlap. Similarly, stigmatization has a great impact across all the steps of abortion provision. Multiple facilitators were proposed in the three aspects of abortion provision, but they need to be adjusted depending on the context of each country.展开更多
In our country,the present exploitation of ocean renewable energy mainly concentrates on the tidal power,wave can,and the trend of the development of salt difference energy and temperature difference energy are still ...In our country,the present exploitation of ocean renewable energy mainly concentrates on the tidal power,wave can,and the trend of the development of salt difference energy and temperature difference energy are still locating in the state of research and testing. The exploitation of tidal current energy and wave energy has made great progress recently. Although these achievements are quite comforting,compared with other sorts of renewable energy,the interrelated research on ocean renewable energy is still defective. After investigating correlative data,the passage lists several reasons to explain current status. This article focuses on analyzing feasibility and necessity of ocean energy development in China,as well as introducing foreign ocean renewable energy development which is summarized into some experience. Through a careful study on these systems,it puts forward and demonstrates five ocean renewable energy exploitation in Chinese legal system:ocean renewable energy exploitation integrated management system,ocean renewable energy market financing system and so on. It also discusses how to realize specific implementation of these schemes and their feasibility.展开更多
The City Real-Estate Administration Law of the People’s Republic of China (hereinafter referred to as Real-Estate Administration Law) was adopted at the Eighth Session of the Standing Committee of the Eighth National...The City Real-Estate Administration Law of the People’s Republic of China (hereinafter referred to as Real-Estate Administration Law) was adopted at the Eighth Session of the Standing Committee of the Eighth National People’s Congress, and will come into force on January 1, 1995. For the public, especially overseas investors, to understand the law, the reporter had展开更多
Based on the overview of concept of returning-home migrant workers' entrepreneurship,the thesis has introduced the features of migrant workers' entrepreneurship,as against other types of entrepreneurship,as fo...Based on the overview of concept of returning-home migrant workers' entrepreneurship,the thesis has introduced the features of migrant workers' entrepreneurship,as against other types of entrepreneurship,as follows. Starting from a low base and multi-level perspective;conducting entrepreneurship in manifold industries,mainly in those labor-intensive enterprises;conspicuous mutual interaction and reversibility are embodied in the group characteristics;the strong driving force of returning-home migrant workers' entrepreneurship comes from their affection for hometown. The process of returning-home migrant workers' entrepreneurship can be divided into three stages,namely returning rush,investing rush,and entrepreneurship rush,on which we give the analysis respectively in terms of the continuous change of social mobility,transformation on the part of the main body of entrepreneurship,and the expansion of industry field concerning entrepreneurship. More over,we have discussed the methods of constructing the legal support system for the returning-home migrant workers' entrepreneurship. Firstly,it needs institutionalization,which is the basis of constructing the legal support system for the returning-home migrant workers' entrepreneurship;secondly,it needs definite guiding ideology as the premise of constructing the legal support system for the returning-home migrant workers' entrepreneurship;thirdly,it needs the precise orientation of target group as the key of constructing the legal support system for the returning-home migrant workers' entrepreneurship;finally,appropriate support methods are the pivot of constructing the legal support system for the returning-home migrant workers' entrepreneurship.展开更多
The City Real-Estate Administration Law of the People’s Republic of China (hereinafter referred to as Real-Estate Administration Law) was adopted at the Eighth Session of the Standing Committee of the Eighth National...The City Real-Estate Administration Law of the People’s Republic of China (hereinafter referred to as Real-Estate Administration Law) was adopted at the Eighth Session of the Standing Committee of the Eighth National People’s Congress, and will come into force on January 1, 1995. For the public, especially overseas investors, to understand the law, the reporter had an interview with Mr. Hou Jie, Minister of Construction. Q: Real estate has been an展开更多
This paper intends to critically review some of the challenges rooted in Aruba’s civil law legal heritage in stimulating a post-corona economic recovery which should ideally be driven towards economic diversification...This paper intends to critically review some of the challenges rooted in Aruba’s civil law legal heritage in stimulating a post-corona economic recovery which should ideally be driven towards economic diversification.It also seeks to contextualize the effect of Aruba’s civil law system on economic growth compared to other Caribbean states with similar size,population,and tourism dependency but with legal systems rooted in the common law.This paper’s methodological approach is meta-analytical and includes a critique of the labor laws as well as the substantive role of the state in driving economic performance that is a normative feature in some civil law states.It posits that Aruba’s economic responsiveness,to the coronavirus should consider legal origins as a factor that limits its capacity and capability to execute an effective restructuring of tired economic paradigms and introduce new economic models that would challenge its mono-economic status.展开更多
To set up a completelaw system for China’s foreigntrade and economiccooperation is an urgent taskin our legislation work.Usinglegal measures to preventforeign products from invadingChina’s national industry;Rectifyi...To set up a completelaw system for China’s foreigntrade and economiccooperation is an urgent taskin our legislation work.Usinglegal measures to preventforeign products from invadingChina’s national industry;Rectifying the foreign tradeorder;Further improving theenvironment for foreigninvestment. Officials from the Treatyand Law Department of theMinistry of Foreign Trade andEconomic Cooperation(MOFTEC)talk about the LegalSystem Construction of ForeignTrade and EconomicCooperation.展开更多
On January 15,2020,the representatives of Sino-US trade signed Phase I Economic and Trade Agreement Between the Government of the People’s Republic of China and the Government of the United States of America in Washi...On January 15,2020,the representatives of Sino-US trade signed Phase I Economic and Trade Agreement Between the Government of the People’s Republic of China and the Government of the United States of America in Washington,which symbolizes the temporary settlement of two-year Sino-US trade war in relatively peaceful method and lays a good foundation in mutual trust for subsequent Phase II negotiation.This Agreement includes eight chapters involving Sino-US economic and trade and is called the model of the international bilateral agreement by virtue of its wide field and rigorous details.The impact of clauses about intellectual property rights on China’s current legal system and the future revision direction of China’s relevant laws for conformance with the Agreement will be discussed emphatically so that the author can rapidly understand the impact and significance of Sino-US trade agreement to Chinese law.展开更多
On July 21. 2003. Chinese Premier Wen Jiabao signed the State Council Order No. 385, making public the Regulations of the People’s Republic of China on Legal Assistance. The Regulations has 31 articles in six chapter...On July 21. 2003. Chinese Premier Wen Jiabao signed the State Council Order No. 385, making public the Regulations of the People’s Republic of China on Legal Assistance. The Regulations has 31 articles in six chapters. The document came into effect on September 1, 2003. This is the first national law on legal assistance in China. The purpose of enacting the law is to ensure that citizens in financial difficulty could get necessary law service and the展开更多
As cross-border electronic commerce(CBEC)has become a new path to serve the Belt and Road(B&R)Initiative,it is imperative to develop an efficient,convenient and simple online dispute resolution(ODR)mechanism to fa...As cross-border electronic commerce(CBEC)has become a new path to serve the Belt and Road(B&R)Initiative,it is imperative to develop an efficient,convenient and simple online dispute resolution(ODR)mechanism to facilitate the CBEC among the B&R countries.This study examines the legislative practice of the European Union(EU),the United Nations Commission on International Trade Law(UNCITRAL),and the Organization of American States(OAS)in the ODR mechanisms for CBEC.The findings provide reference and inspiration for China’s essential role in developing an ODR mechanism for CBEC among the B&R countries.Legally,ODR for CBEC between the B&R countries is essentially an innovative combination of rule by technology and rule by private law.In light of related principles(e.g.,special consumer protection,procedural fairness,and consumers’personal information and data protection),China should develop an ODR mechanism(involving compromise,mediation,online arbitration,and online court)for CBEC among the B&R countries based on China’s experience in the ODR for CBEC.展开更多
In a very real sense,China did not have a legal system of energy until 1978 when the policy of reform and opening-up was carried out.Over the 30 years since then,China has achieved great accomplishments in energy deve...In a very real sense,China did not have a legal system of energy until 1978 when the policy of reform and opening-up was carried out.Over the 30 years since then,China has achieved great accomplishments in energy development,which have attracted worldwide attention,展开更多
基金Supported by National Natural Science Foundation of China(41771565).
文摘[Objectives]To explore the evolution of the legal system of farmland protection and explore the rules and characteristics of policy development based on the theory and logic of institutional change since China's reform and opening up,reveal the problems and deep-seated reasons of its legislation,clarify the direction of farmland protection in the new period,and solve the"non-agricultural""non-grain"and ecological problems of farmland.[Methods]Literature analysis and inductive deduction methods were used.[Results]The evolution of the farmland protection legal system has gone through the process of"national consciousness-policy guidelines-institutional system",the change from"single subject to multiple subjects";change from the use of"one-way administrative means to coordinated use of administrative,economic and technical means".The practical problems of the farmland protection legal system are mainly due to the insufficient systematization of the farmland protection legal system itself,the generalization of quantity protection,the transformation of quality protection,and the absence of ecological protection.[Conclusions]It is recommended to improve the existing farmland protection legal system from the establishment of the Farmland Protection Law,the improvement of the farmland protection public participation mechanism and supervision mechanism,the establishment of the farmland quality construction and improvement system,the differentiated farmland occupation and supplementation balance system,and the ecological restoration system.
基金supported by the Academic Start-up Plan for Young Teachers at Beijing Institute of Technologythe National Social Science Major Project“Legal System and Trends of U.S.Technology Export Control and China’s Countermeasures”(Project Approval Number 21VGQ002).
文摘Rapid population aging is a social reality facing China at present,and the issue of elderly care has become a hot topic of social concern.Legislation to address the issue of elderly care in the context of population aging should follow systematic concepts to achieve“vertical and horizontal integration.”In terms of content,it is necessary to formulate specific legal approaches around“the elderly and children,”with a focus on guaranteeing the livelihood and protection of the rights of the elderly while taking into account childbirth,employment and other issues.the laws should not only safeguard the social participation and labor rights of the elderly,but also effectively respond to the social challenges brought about by the aging of the population.It is also necessary to optimize the family planning policy to ease the burden of child-raising,improve the population structure and promote the long-term balanced development of the population,thus fundamentally solving the problem of population aging.the effort to improve the legal system to deal with the issue of elderly care in the context of population aging will better advance Chinese modernization.
基金This paper is a phased achievement of the key project of the Chongqing Municipal Education Commission entitled“Research on Establishment of Regional Legal Framework for Rural Revitalization”(Project No.23SKJD033)the university-level project of Southwest University of Political Science&Law entitled“A Comparative Study on Legislation for Agricultural and Rural Modernization”(Project No.DFLF2020Y12).
文摘In the era of the Internet,various network platforms have evolved into new hubs for information dissemination.Currently,China has established a platform-centered content regulation framework,wherein platforms proactively enforce content regulations in accordance with legal censorship obligations.Additionally,platform policies and user agreements augment their authority in content regulation.The platforms can achieve cost-effective and highly efficient content regulation by leveraging their strategic advantages enabled by their own technical capabilities and extensive coverage.The platform self-regulation model,however,still faces challenges.First,accurately evaluating content remains a formidable task;second,ensuring effective platform publicity through self-regulation poses difficulties;third,users may potentially face disadvantages due to the platform’s right of self-regulation;and fourth,digital copyright owners face challenges when defending digital copyright disputes under the safe harbor rule.Therefore,it is imperative to establish,review,and revise the legal framework for content regulation of network platforms in order to enhance the efficiency of their governance systems.The formulation of the legal framework for content regulation of network platforms may encompass the following aspects:rationalizing obligations pertaining to platform content regulations,enhancing supervision over platform self-regulation,and establishing a dual-track responsibility system for digital copyright content regulation.This will ensure a harmonious balance among public interests,users’personal rights and interests,and commercial benefits through regulating the content on network platforms.
文摘Analyze the compatibility between cosmetics and live streaming e-commerce from its own nature,marketing means and supply chain characteristics.According to the prominent problems,sort out the relationship between all parties in the cosmetics live e-commerce industry chain.Combined with the latest regulatory policies of live streaming e-commerce and cosmetics,the responsibilities of different subjects in cosmetics live streaming e-commerce are summarized,and relevant suggestions and countermeasures are put forward for the standardization and development of live streaming e-commerce.Cosmetics brand owners are the first responsible persons for product quality.Anchors,as a mixed identity between intermediary,advertising spokesperson and operator,should bear stricter joint and several liability when recommending products related to consumers’health.If anchors fail to clearly identify themselves in the recommendation process,thus causing consumers to mistake them for the operator of the cosmetics,they should assume the obligations of the operator.
文摘With the background of enterprise compliance management,this paper discusses how to improve the level of enterprise legal service and reduce enterprise legal risks by optimizing the compliance management system.It aims to analyze the current situation and existing problems of enterprise legal services through the analysis of the importance of compliance management.Furthermore,it delves into the case of enterprise legal service strategy based on compliance management optimization to verify the effectiveness and feasibility of enterprise legal service strategy.
文摘Taking Poyang Lake Eco-economic Zone as an example,we analyzed existing problems in China'forest resource protection from the perspective of legal system.The problems include unclear property right system of forest resource,imperfect compensation mechanism for forest ecology,forest cutting quota scheme not resolutely put into practice,legal supervision of forest protection not implemented,and lack of integration in forest protection laws.Based on these problems,we put forward countermeasures and suggestions:establish clear forest resource property system;improve ecological benefit compensation mechanism in legal form;strictly implement forest cutting quota scheme;strengthen legal supervision of forest protection;and keep legal system integral for forest resource protection.
文摘In the present era, water contamination represents one of the considerable environmental problems. Population growth along with ever increasing industrial developments has resulted in the contamination of most of the water resources in the world, bringing about serious problems for humans and other living organisms. According to the human life on earth depends on the way different water resources are exploited, the most important way to preserve the quality of water resources is to codify appropriate regulations and standards and develop plans for proper and principled implementation of them. Therefore, it seems to be necessary to take required actions to manage water resources optimally. In this regard, one of the most significant legal tools is the law. Following a descriptive-analytic approach, the present research aims to consider legal challenges in the context of water contamination briefly. Investigations indicate that, given the limitations in water resources, in future, water contamination will raise serious problems for the country should the solutions and measures required for tackling this issue are not well incorporated into respective regulations. As such, in order to systemize the activities within this scope, it is necessary to codify a comprehensive act about different water-related topics, so as to cover all separate and sparse pieces of regulations on water. Further, acquiring help from experts when preparing the regulations with an emphasis on the inhibitory role of penalties, roles of NGOs and culture-making in the society will contribute to the successful legal protection of the quality of water resources.
文摘In order to realize the orderly development and rational use of marine resources,construct a new marine economic development model,effectively adjust the relationship between marine resource protection and social production,and promote the legalization and institutionalization of marine resource protection.Based on the reality,this article attempts to explore the ways and means of improving and constructing the legal system for the protection of marine resources from multiple dimensions.It aims to form a complete marine resource development system from the legal level and provide legal guarantee for the development of marine economy.
文摘The inconsistency and disharmony in China’s environmental legal system are seriously undermining the authority and effectiveness of environmental laws, making it hard to achieve the national environmental legislative goals. It is found in this study that at least 18 administrative regulations and rules conflict with the five recently-revised environmental laws. The legislative vacancy rate of province-level environmental laws reaches 27.8%, and that of city-level environmental laws in the major cities reaches 59.7%. Besides, 66% of the local including both province-level and city-level environmental laws have the problem of legislative lags, with an average lag of 2547.8 days. In addition, there are many legal conflicts between national environmental laws and local environmental laws. In order to help China to build a harmonious and unified environmental legal system, some suggestions are proposed in this study, including comprehensively examining the lower-level environmental laws, strengthening the leading role of local people’s congresses in environmental legislation, improving the construction of filing and review mechanism, and optimizing the mechanisms for information disclosure and public participation.
文摘Background: There is a complex interplay between women’s preferences, abortion services availability and the context in which these are provided. Even in countries where it is legal, denial of abortion is common, especially in low and middle income countries, forcing women to look for the service elsewhere and bringing serious consequences to the health and wellbeing of many women and their families. This non-systematic review pretends to answer the question: Which are the barriers to and facilitators for the access to legal abortion services in low and middle income countries? Methods: A non-systematic bibliographical review. Inclusion criteria: all quantitative, qualitative and evidence synthesis studies performed in low and middle income countries according to the World Bank classification for 2015 and published in English, Spanish and Portuguese language, between 2005 and 2017. Exclusion criteria: articles evaluating the efficacy of interventions, addressing the knowledge about abortion procedures among health care students and personnel, as well as those that only included sex workers. Results: The database search yield 199 articles in MEDLINE. 24 in Scopus and 38 in Scielo. A total of 22 articles including 15 countries from Africa (n = 6), Asia (n = 5), Central and South America (n = 3) and Europe (n = 1). The legal status of abortion in each of these countries was studied and described. For the analysis of the information, three categories of deepening were established: Laws and policies, Service delivery and Women’s abortion care-seeking behavior. Conclusion: the determinants of access to abortion in low and middle income countries are convoluted as multiple delays and barriers usually overlap. Similarly, stigmatization has a great impact across all the steps of abortion provision. Multiple facilitators were proposed in the three aspects of abortion provision, but they need to be adjusted depending on the context of each country.
文摘In our country,the present exploitation of ocean renewable energy mainly concentrates on the tidal power,wave can,and the trend of the development of salt difference energy and temperature difference energy are still locating in the state of research and testing. The exploitation of tidal current energy and wave energy has made great progress recently. Although these achievements are quite comforting,compared with other sorts of renewable energy,the interrelated research on ocean renewable energy is still defective. After investigating correlative data,the passage lists several reasons to explain current status. This article focuses on analyzing feasibility and necessity of ocean energy development in China,as well as introducing foreign ocean renewable energy development which is summarized into some experience. Through a careful study on these systems,it puts forward and demonstrates five ocean renewable energy exploitation in Chinese legal system:ocean renewable energy exploitation integrated management system,ocean renewable energy market financing system and so on. It also discusses how to realize specific implementation of these schemes and their feasibility.
文摘The City Real-Estate Administration Law of the People’s Republic of China (hereinafter referred to as Real-Estate Administration Law) was adopted at the Eighth Session of the Standing Committee of the Eighth National People’s Congress, and will come into force on January 1, 1995. For the public, especially overseas investors, to understand the law, the reporter had
文摘Based on the overview of concept of returning-home migrant workers' entrepreneurship,the thesis has introduced the features of migrant workers' entrepreneurship,as against other types of entrepreneurship,as follows. Starting from a low base and multi-level perspective;conducting entrepreneurship in manifold industries,mainly in those labor-intensive enterprises;conspicuous mutual interaction and reversibility are embodied in the group characteristics;the strong driving force of returning-home migrant workers' entrepreneurship comes from their affection for hometown. The process of returning-home migrant workers' entrepreneurship can be divided into three stages,namely returning rush,investing rush,and entrepreneurship rush,on which we give the analysis respectively in terms of the continuous change of social mobility,transformation on the part of the main body of entrepreneurship,and the expansion of industry field concerning entrepreneurship. More over,we have discussed the methods of constructing the legal support system for the returning-home migrant workers' entrepreneurship. Firstly,it needs institutionalization,which is the basis of constructing the legal support system for the returning-home migrant workers' entrepreneurship;secondly,it needs definite guiding ideology as the premise of constructing the legal support system for the returning-home migrant workers' entrepreneurship;thirdly,it needs the precise orientation of target group as the key of constructing the legal support system for the returning-home migrant workers' entrepreneurship;finally,appropriate support methods are the pivot of constructing the legal support system for the returning-home migrant workers' entrepreneurship.
文摘The City Real-Estate Administration Law of the People’s Republic of China (hereinafter referred to as Real-Estate Administration Law) was adopted at the Eighth Session of the Standing Committee of the Eighth National People’s Congress, and will come into force on January 1, 1995. For the public, especially overseas investors, to understand the law, the reporter had an interview with Mr. Hou Jie, Minister of Construction. Q: Real estate has been an
文摘This paper intends to critically review some of the challenges rooted in Aruba’s civil law legal heritage in stimulating a post-corona economic recovery which should ideally be driven towards economic diversification.It also seeks to contextualize the effect of Aruba’s civil law system on economic growth compared to other Caribbean states with similar size,population,and tourism dependency but with legal systems rooted in the common law.This paper’s methodological approach is meta-analytical and includes a critique of the labor laws as well as the substantive role of the state in driving economic performance that is a normative feature in some civil law states.It posits that Aruba’s economic responsiveness,to the coronavirus should consider legal origins as a factor that limits its capacity and capability to execute an effective restructuring of tired economic paradigms and introduce new economic models that would challenge its mono-economic status.
文摘To set up a completelaw system for China’s foreigntrade and economiccooperation is an urgent taskin our legislation work.Usinglegal measures to preventforeign products from invadingChina’s national industry;Rectifying the foreign tradeorder;Further improving theenvironment for foreigninvestment. Officials from the Treatyand Law Department of theMinistry of Foreign Trade andEconomic Cooperation(MOFTEC)talk about the LegalSystem Construction of ForeignTrade and EconomicCooperation.
文摘On January 15,2020,the representatives of Sino-US trade signed Phase I Economic and Trade Agreement Between the Government of the People’s Republic of China and the Government of the United States of America in Washington,which symbolizes the temporary settlement of two-year Sino-US trade war in relatively peaceful method and lays a good foundation in mutual trust for subsequent Phase II negotiation.This Agreement includes eight chapters involving Sino-US economic and trade and is called the model of the international bilateral agreement by virtue of its wide field and rigorous details.The impact of clauses about intellectual property rights on China’s current legal system and the future revision direction of China’s relevant laws for conformance with the Agreement will be discussed emphatically so that the author can rapidly understand the impact and significance of Sino-US trade agreement to Chinese law.
文摘On July 21. 2003. Chinese Premier Wen Jiabao signed the State Council Order No. 385, making public the Regulations of the People’s Republic of China on Legal Assistance. The Regulations has 31 articles in six chapters. The document came into effect on September 1, 2003. This is the first national law on legal assistance in China. The purpose of enacting the law is to ensure that citizens in financial difficulty could get necessary law service and the
基金funded by a soft science research project of Sichuan titled“Study of Legal Regulation of ODR for CBEC between the B&R Countries”(2020JDR0304).
文摘As cross-border electronic commerce(CBEC)has become a new path to serve the Belt and Road(B&R)Initiative,it is imperative to develop an efficient,convenient and simple online dispute resolution(ODR)mechanism to facilitate the CBEC among the B&R countries.This study examines the legislative practice of the European Union(EU),the United Nations Commission on International Trade Law(UNCITRAL),and the Organization of American States(OAS)in the ODR mechanisms for CBEC.The findings provide reference and inspiration for China’s essential role in developing an ODR mechanism for CBEC among the B&R countries.Legally,ODR for CBEC between the B&R countries is essentially an innovative combination of rule by technology and rule by private law.In light of related principles(e.g.,special consumer protection,procedural fairness,and consumers’personal information and data protection),China should develop an ODR mechanism(involving compromise,mediation,online arbitration,and online court)for CBEC among the B&R countries based on China’s experience in the ODR for CBEC.
文摘In a very real sense,China did not have a legal system of energy until 1978 when the policy of reform and opening-up was carried out.Over the 30 years since then,China has achieved great accomplishments in energy development,which have attracted worldwide attention,