Impact of Mandatory Provisions on the Validity of Juristic Acts: A Path for Legal Policy Analysis

Contrary to the approach in judicial practice,Paragraph 1,Article 153,of the Civil Code of the People’s Republic of China,as a rule of invalidity for violating mandatory provisions,does not adopt a dichotomy towards mandatory provisions with effectiveness and administrative characteristics,yet it maintains the legislative philosophy of differentiation.It leaves unspecified whether mandatory provisions that do not explicitly render a juristic act invalid impact the act’s validity,entrusting this determination to the discretion of judges on a case-by-case basis.When judges,under the authority of Paragraph 1,Article 153 of the Civil Code,explore the normative intent of mandatory provisions to assess their effect on the validity of juristic acts,they should engage in legal policy analysis centered on consequence-based argumentation to overcome the limitations of norm typological analysis.This analysis employs a reasoning model predicated on the normative purpose,utilizing a consequencefocused interpretative approach for formulating and arguing propositions of rules applicable to pending cases,thereby arriving at case-specific conclusions.Since the invalidation of juristic acts serves as an auxiliary regulatory tool for the state economy and society,a consequence-oriented interpretation needs to be based on the idea of mutual instrumentalization of public and private laws.This entails predicting the outcomes of negating the validity of a juristic act in industrial regulatory scenarios and assessing these outcomes within the framework of public and private regulatory instruments.

Inclusive Education in Wales:Interpreting Discourses of Values and Practice Using Critical Policy Analysis

Purpose:This paper provides a detailed analysis of inclusive education policies in the context of major system reform in Wales,United Kingdom.Wales is currently undergoing the most significant changes to its education system since political devolution from the U.K.Government in I999.Key to these changes is the new Curriculum for Wales and the Additional Learning Needs(ALN)regulations;alongside these and wider system-level reforms,there is an ambition to create an inclusive education system in Wales.This paper explores how inclusion is articulated and communicated within the key policy and guidance documents,using two continuums-"practice"and"values"to map and interpret these documents.Design/Approach/Methods:This paper uses critical policy analysis to make sense of these various inclusive education policy reforms in Wales.Findings:The analysis reveals that despite a foregrounded commitment to inclusion,there is disparity both within and between the policy and guidance documents.Originality/Value:The paper highlights the lack of coherence of key messages articulated through education policy documentation in Wales,providing insight into the emerging national education system reforms,as well as developing an approach for evaluating inclusive education systems inotherjurisdictions.

Analysis of the Current Situation of the National Student Physical Fitness Test

The physical health level of adolescents is related to the future of the motherland and the great rejuvenation of the Chinese nation.Through literature review,induction method,and logical analysis,this paper analyzes the policies related to students’physical health,explains the current situation of physical health testing of students in China,summarizes the problems that occur in the process of physical health testing,and finally puts forward suggestions for optimizing physical health testing of college students.

Research on Incentive Policies for Chinese Innovative Drug R&D - Taking Innovative Anti-tumor Drugs as an Example

Objective To provide reference for improving Chinese innovative drug research and development incentive policies.Methods Based on investigating the incentive policies for innovative drug research and development in clinical research,evaluation and approval in China,anti-tumor drugs were taken as the research object to discuss relevant policies from the perspective of clinical trials and registration approval based on data statistics and current situation analysis.Results and Conclusion Driven by a series of incentive policies for innovative drug R&D,great achievements have been made on anti-tumor drugs.However,there are problems such as concentration of drug targets,homogenization of clinical trials,and gaps in some drugs with large clinical needs.To improve incentive policies for innovative drug R&D,China should adhere to the orientation of clinical value,focusing on basic research and translational research,improving evaluation and approval capabilities,and establishing a sound ecosystem for innovative drugs.

普惠型商业医疗保险特定高额药品保障研究

目的研究我国普惠型商业医疗保险目前特定高额药品(以下简称“特药”)保障的范围及水平,为进一步完善普惠型商业医疗保险的保障水平提供参考。方法通过官方公众号、投保小程序收集2022年普惠型商业医疗保险的保障政策,采用政策文本分析法提取和分析参保条件、筹资标准、特药的类别及保障水平等内容。结果2022年普惠型商业医疗保险所包含特药数量的均数为28种,以肿瘤药为主。54.62%的商业医疗保险方案特药起付线设定为0,报销比例的均数为74%、中位数为80%。70.54%的商业医疗保险方案封顶线在100万元及以下。58.04%的商业医疗保险方案保障既往症人群的特药费用,但保障水平在不同程度上有所降低。结论我国普惠型商业医疗保险的特药保障有助于减轻患者的经济负担,满足患者多元化用药需求,但对既往症人群的保障水平较为有限。建议进一步优化特药保障责任,明确特药目录的遴选规则。

A Critical Review of Policies for Emission Reduction of Non-road Mobile Machinery

Increasing attention is being paid to the reduction of emissions from non-road mobile machinery,and many policies to promote the reduction have been established in countries and regions around the world,including the United States,Canada,the European Union,and China.This paper reviews these policies and analyzes two successful grant programs in the USA.Depending on the findings from the research,it is suggested that the Chinese government should tighten emission standards,introduce more financial subsidies,and strengthen supervision.

The Understanding and Development of“Curriculum Gamification”and“Curriculum-Based Game”Concepts in Chinese Kindergartens

Games are one of the basic activities in kindergartens,so what do“Curriculum gamification”and“Curriculum based Game”mean?Could kindergarten games become the curriculum?Combined with the history of curriculum development in China,Piaget’s play-stage theory and Vygotsky’s scaffold teaching theory,this paper discusses the differences in the understanding of the concept of“the transformation of curriculum and games”.Using representative cases in Jiangsu and Zhejiang provinces as examples,and through the analysis of the reform process of“Curriculum Gamification”and“Curriculum-based Game”in the Early Childhood Education(ECE)field,it was found that further exploration both in concept and practice is required to achieve high quality kindergarten education.

On the Macro Positioning Regarding Anti-Monopoly Considerations Relating to Internet Platform—An Analysis Based on Politics,Policies and Laws

The positioning of anti-monopoly law depends on its unique value,goal and function.From the beginning,anti-monopoly law has had a great political and economic mission,and can become a“super law”with a grand value goal and a powerful function in economic adjustment.The uniqueness of the Internet,in capital,technology and business models,easily allows Internet platforms to grow anarchically,and to have a high correlation with anti-monopoly concerns.Internet anti-monopoly policy should first expand its thinking and elevate its stance in macro value,and seek appropriate legal and economic technical paths.China’s Internet platform anti-monopoly policy cannot simply follow today’s international and superficial trend,which does not contribute to positive experience and may conceal various interests.Instead,China’s Internet platform anti-monopoly policy should actively follow,respect and serve the substantial development interests of China’s digital economy,operating in a timely fashion and at the right location,in ways that are opportune,moderate and modest.It should always be committed to the innovation and development of China’s Internet industry and to international competitiveness.Internet anti-monopoly policy should adhere to the rule of law,build a corresponding rule system,ensure objectivity,neutrality and rationality,and prevent irrationality and over-excitement.

Research on the evolutionary characteristics of evaluation policies of Chinese science and technology talents

Science and technology talent evaluation is an important part of the talent development system and mechanism,and the state's emphasis on science and technology talent evaluation is reflect-ed in the national policy.This paper takes 49 policy documents on science and technology tal-ent evaluation issued by the state from 1978 to 2022 as the object,and uses policy text analysis,word frequency analysis and co-word network analysis to interpret the content of the policies.These policy texts are divided into four stages.200 high-frequency words were extracted from the policies in each stage after word segmentation was made,and the co-word matrixes and co-word networks were constructed for each stage.The research draws the following conclu-sions:1)The content of Chinese science and technology talent evaluation policies is gradually becoming concrete,and the concept of science and technology talent evaluation is gradually clear;2)The policies have transitioned from"scientific and technological development"to"sci-entific and technological innovation";3)The distribution of policies with different strengths is uneven;4)The cooperation between all departments involved in policy formulation is not e-nough.

Assessment of the macro-economic impacts of low-carbon road transportation policies in Chongqing,China

Reductions in the transportation sector's carbon dioxide emissions are increasingly of global concern.As one of the first low-carbon pilot and carbon trading pilot cities,and as one of the largest automobile production bases in China,Chongqing has multiple low-carbon transportation policies that are coupled.In this study,three policy scenarios are set,including:1)improving the fuel economy of newly sold gasoline passenger cars to 5.71 per 100 km by 2020,2)promoting pure electric private cars to increase the share to 7% of private car sales by 2020,and 3)the policy mix scenario of the above two policies.Simulations are undertaken with the Chinese Academy of Sciences general equilibrium(CAS-GE)model,a type of computable GE model,to assess the macro-economic impact and the industrial impact of the three policy scenarios.Through the policy impact mechanism analysis and data-mapping process,the micro-economic impact analysis results,including costs and fuel savings,for the two policies from the bottom-up model are taken as the shock variables and inputs for the CAS-GE model.The results show that:1)the two policies will both have a slightly negative impact(-0.09% and -0.30%)on Chongqing's GDP in 2020;2)the employment rate will decrease by 0.12% and 0.47%,but the inflation rate will be restrained to a certain extent(-0.21% and -0.17%);and 3)the complementarity of the mixed policy can weaken the negative impact of the two policies when implemented separately.The mixed policy will reduce the GDP slightly by 0.37%,compared with the cumulative effect of the two policies implemented separately,resulting in cost-effective synergies at the macroeconomic impact level;and 4)the COVID-19 pandemic in 2020 has an uncertain impact on the results.The method and results can provide a reference for the formulation and adjustment of low-carbon transportation policies in other large cities.

Australia’s Engagement with Asia in the National Curriculum

The 2014 national curriculum of Australia is a significant initiative that the Australian government has taken in proposing a curriculum that stresses Australia’s engagement with Asia.In practice,this means that Asian cultures,beliefs,environments and the connections between Australia and Asia are embedded in the learning processes of Australian schools.This article provides an analysis of Australia’s engagement with Asia,which is a cross-curriculum priority in the Australian curriculum.In particular,using the example of China,the article examines the strengths,weaknesses,opportunities and threats(SWOT)analysis involved in Australia’s engagement with Asia from an educational perspective,especially during the global pandemic with the spread of COVID-19 affecting the world so significantly.The intent of this analysis is to map out the educational factors involved and consider what might happen to Australian students and schools as a result of their engagement with the educational cultures,beliefs and practices of China.This is connected to the two countries’economic engagements and people-to-people ties.By considering some of the current discourses that shape the Australia-China relationships,possibilities are opening up to rethink educational positions.

The Effect of the Government-Subsidized Student Loan Program on College Students in China

Using an original dataset collected at a Chinese university and adopting a difference-in-differences research design,this study draws causal inferences regarding the effect of the Government-Subsidized Student Loan Program(GSSLP)on financially needy students at Chinese higher education institutions.Specifically,this study finds that the program may have enabled financially needy students to spend 527.80 Chinese yuan more on food and take 26 hours less paid work on average during one academic year.In other words,the GSSLP has been found to have had positive impact on financially needy students'basic needs such as food and work.In order for the program to have greater impact on such students'overall quality of life,policy-makers should make efforts to increase maximum loan amounts.This will enable students from low income families to spend more on educational resources and reduce their finance-related anxiety.

Experience and Challenge of Basic Education Development in China:Reflections on PISA 2018 Results

The outstanding performance of students in four Chinese provinces and municipalities in the Program for International Student Assessment(PISA)2018 is inextricably linked to local resource support,excellent education traditions,and ongoing curriculum and teaching reform.However,deepening education reform requires attention to existing challenges,including large inter-school gaps,the shortage of teachers in urban and rural areas,as well as students’heavy schoolwork burden and low level of well-being.Therefore,several policy suggestions are proposed accordingly:gaining insight into and developing higher quality and fairer education,pursuing effective actions of education reform,and exploring innovative pathways to address educational problems.

Seek Fact From Texts:Saudi Media on China Amid the COVID-19 Pandemic

Have Saudi relations with China changed amid the COVID-19 pandemic?Commentary focussed on the international relations of the Persian Gulf has speculated that China’s successful containment of the virus at home,combined with new diplomatic overtures,might lead to closer relations between China and the region.This article offers a framework for scholars to partially address this and other foreign-policy questions regarding the Kingdom,through close readings of Saudi media outlets that shed light on mass attitudes and elite sentiment.Analysis of a range of Saudi op-eds and feature stories suggests that criticism of China within the Kingdom has diminished in recent years,but also indicates that this shift long predated the present pandemic.At the same time,while key commentators appear to harbour genuine respect and admiration for China’s economic development,Saudi Arabia’s close security partnership with the United States has served to temper pro-Chinese narratives within Saudi media.

Climate bonds toward achieving net zero emissions and carbon neutrality:Evidence from machine learning technique

The Conference of the Parties(COP26 and 27)placed significant emphasis on climate financing policies with the objective of achieving net zero emissions and carbon neutrality.However,studies on the implementation of this policy proposition are limited.To address this gap in the literature,this study employs machine learning techniques,specifically natural language processing(NLP),to examine 77 climate bond(CB)policies from 32 countries within the context of climate financing.The findings indicate that“sustainability”and“carbon emissions control”are the most outlined policy objectives in these CB policies.Additionally,the study highlights that most CB funds are invested toward energy projects(i.e.,renewable,clean,and efficient initiatives).However,there has been a notable shift in the allocation of CB funds from climate-friendly energy projects to the construction sector between 2015 and 2019.This shift raises concerns about the potential redirection of funds from climate-focused investments to the real estate industry,potentially leading to the greenwashing of climate funds.Furthermore,policy sentiment analysis revealed that a minority of policies hold skeptical views on climate change,which may negatively influence climate actions.Thus,the findings highlight that the effective implementation of CB policies depends on policy goals,objectives,and sentiments.Finally,this study contributes to the literature by employing NLP techniques to understand policy sentiments in climate financing.