At present,the legal remedies in terms of the right to equal employment in China are mainly related to private law,that is,laborers seek direct legal remedies for personality rights liability and infringement liabilit...At present,the legal remedies in terms of the right to equal employment in China are mainly related to private law,that is,laborers seek direct legal remedies for personality rights liability and infringement liability according to typical private law,supplemented by indirect remedies for labor contract liability under special private law.However,there are many challenges in private law remedies for the right to equal employment,which are manifested in the misunderstanding of the general tort identification of employment discrimination,the loopholes in the regulations on discriminatory employment,the imbalance in the burden of proof,and the limitation and alienation of the functions of civil liability and private law autonomy.The root of those problems lies in the fact that the nature of anti-employment discrimination law is not private law but social law.Equal employment involves both public and private interests,and it should be based on the public interest of society and adhere to the value orientation of prioritizing fairness while taking into account efficiency.Improving the legal relief mechanism for protecting the right to equal employment,with a focus on correcting private law with social law,is the solution to the dilemma.Specific measures include establishing the special tort liability system for equal employment,the legal mechanism against discriminatory labor contracts,the public-private integrated legal responsibility system,and an essentially fair system for the responsibility of adducing evidence.展开更多
The Qi Yuling case is a crucial juncture in the study of “fundamental rights and private law” in China, yet relevant research is underpinned on two clues. The first is that the increasing interest in the “constitut...The Qi Yuling case is a crucial juncture in the study of “fundamental rights and private law” in China, yet relevant research is underpinned on two clues. The first is that the increasing interest in the “constitutionalization of private law” worldwide provides knowledge resources and reference materials for scholars in China;the second is the understanding and exploration of the judicial application of the Constitution since the 1980s. Among them, such concepts as “the Constitution has direct legal effect” and “the Constitution needs to be implemented by the people” could have directly affected the Qi Yuling case. Focusing on such topics as the case of Qi Yuling, judicial enforcement of the Constitution, and the compilation of the Civil Code, scholars discussed the ways and scope for inclu ding fundamental rights in private law based on their experience abroad. They also looked into specific issues, covering how fundamental rights affect civil acts and the private law effects fundamental rights like personality rights, equali ty rights, freedom of speech, and protection of personal information. In the context of promoting the full implementation of the Constitution in the new era, “fundamental rights and private law” is still a field with great potential in both practice and theory.展开更多
The aim of this essay is to analyse the future of Confucianism in Western societies or,at least,through the exegesis of Western scholars.To realize this overview definitely means to verify how Confucian thought crosse...The aim of this essay is to analyse the future of Confucianism in Western societies or,at least,through the exegesis of Western scholars.To realize this overview definitely means to verify how Confucian thought crossed many contemporary and later theories,especially in juridical fields as the theory of private law and the public comparative law.That system of customary rules and pragmatic ethics did not fail to face the modernity by enlarging its views in the context of much more complex societies:So,a typical phenomenon of Eastern civilities,to the point that it is generally considered the most peculiar inheritance of both Chinese spirituality and administrative political science,became an interesting and suggestive test bench for different starting points.If it is correct to say that this is not a proper nowadays stance(remembering the praise of Leibniz and Voltaire,for instance),it is even more likely that Confucianism will catch the attention of a larger academic audience also in the nearest future and not only narrowing its rise to the enormous economic growth of the Chinese influence and ruling role in the world,directly getting a level of strength not far from the American governance.Unsurprisingly,the first defined approaches to a Western Confucianism,mixing elements from its absolutely unique written or traditional sources and aspects taken from the comparison with other cultures,are still coming from United States’universities,in the scientific field of sinology and,step by step,comparative law’s scholars and legal theorists.This fascinating development that opens up Confucian ethics to a bigger spectre of teachings and belongings is happening while Confucian rituals,temples,and precepts are reaching in modern days China an always more cohesive and aggregating religious phenomenology.The West looks for ideas,while the East is trying to find stability around a metaphysical substructure of common values to prevent conflicts and to keep societies safe.展开更多
Atier more than a quarter-century of market-oriented economic policies and unprecedented economic growths, China on March 15, 2007enacted its first law that provides equal legal safeguards to both public and private p...Atier more than a quarter-century of market-oriented economic policies and unprecedented economic growths, China on March 15, 2007enacted its first law that provides equal legal safeguards to both public and private properties. The 247-article People＇s Republic of China Property Law, which is due to come into effect as of October 1, 2007, stipulates that ＂the property of the State, the collecfive, the individual and other obligees shall be protected by law, and no units or individuals may infringe upon it＂.展开更多
In terms of the theory of the three hierarchies of distribution in economics,private law can be seen as embodying a 2.5th distribution.Primary distribution confers equal objective rights on all private agents,who acqu...In terms of the theory of the three hierarchies of distribution in economics,private law can be seen as embodying a 2.5th distribution.Primary distribution confers equal objective rights on all private agents,who acquire subjective rights through de facto and de jure acts.The legal environment should be conducive to unleashing the energy and creativity of agents,supporting entrepreneurs,safeguarding competitive neutrality and promoting the mobility of factors of production in order to consolidate the material foundation of common prosperity.Redistribution changes the rules of primary distribution and is an inherent and rightful function of private law.By equalizing the strengths and weaknesses of the interactions of private agents,redistribution is better able to promote self-determination and defend human dignity than public law.Moreover,it enables private law to achieve the national goals of enhancing social welfare and reducing confrontation in the operation of power.Private law lies between redistribution and tertiary distribution,occupying the 2.5th distribution.Its most typical expression is"interference liability,"i.e.,justified harm inflicted in cases of necessity(Aufopferungshaftung).This includes the expansion of the social liability of profitmaking legal persons,the expansion of tort liability,and the limitation of the return of benefits.Private law enables distributive justice to serve as a common basis for the various hierarchies of distribution,incorporating the different values of private law and weighting them differently depending on the circumstances.Distributive justice can also help to transform all private law rules into laws of nature,thus highlighting the neutrality of private law.展开更多
Ecosystem services(ES)delivery in quantity and quality are essential to improve human wellbeing.Nevertheless,often a considerable part of ES provisioning depends on the use of private land(e.g.,flood retention,carbon ...Ecosystem services(ES)delivery in quantity and quality are essential to improve human wellbeing.Nevertheless,often a considerable part of ES provisioning depends on the use of private land(e.g.,flood retention,carbon sequestration,water purification).In this context,the operationalization and implementation of ES concept may collide with legal property rights.Therefore,it is essential to find constructive mechanisms to engage and encour-age private owners to implement sustainable land uses to reduce the onsite and offsite impacts of their activities.This paper aims to identify if ES delivery can be constrained by legal private land and how it can be tackled.It is undeniable that land-use changes(e.g.,urbanization,agriculture intensification,and land abandonment)affect the territory’s capacity to deliver ES in quality and quantity.These changes,especially land abandonment,are in-creasing the tradeoffs among ES(e.g.,between carbon sequestration and water yield).Land-use planning should consider these aspects.Therefore,incorporating ES into spatial plans is crucial for stakeholders to understand the impacts of land-use change in the loss of ES value.This information can be transmitted through maps that communicate the message in a simplified way.Private owners can easily perceive the ES relevance that their land can provide if an understandable message is delivered.Although this can be a good solution,conflicts can appear even with the implementation of schemes such as Payment for ES(PES).PES is not always effective and can im-pose losses to farmers,disregard their cultural traditions,or not prevent poverty alleviation.In this context,it is crucial to consider local specificities to safeguard PES’s success,create a“win-win”and transform a problem into a solution.Private owners’active participation in implementing sustainable practices or a determined land-use in their properties is vital to achieving global targets such as sustainable development goals.展开更多
Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) le...Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) legal system, from its origins to recent US Supreme Court decisions, continue to positively benefit holders of real estate in the Southern US, through a deep-rooted public policy of supporting private property rights and rural economic development. This stable rule of law enhances the long-term adaptability and sustainability of timberland as an asset class. This article is a commentary. It combines legal research methodology with the observations and conclusions of the authors. Its purpose is to demonstrate that the existence of alienable, documentable ownership, and related property rights create inherent stability and security. These principles form the basis of a culture that is defined by the rule of law and is “open for business.” This business mindset is particularly prevalent in the Southern US.展开更多
基金the research result of the Scientific Research Fund Project(supported by the Special Funds for Basic Scientific Research for Central Universities)of Renmin University of China,“Research on Solving the Dilemma of Private Law Relief for the Right to Equal Employment in Social Law”(Project Approval No.21XNH019)。
文摘At present,the legal remedies in terms of the right to equal employment in China are mainly related to private law,that is,laborers seek direct legal remedies for personality rights liability and infringement liability according to typical private law,supplemented by indirect remedies for labor contract liability under special private law.However,there are many challenges in private law remedies for the right to equal employment,which are manifested in the misunderstanding of the general tort identification of employment discrimination,the loopholes in the regulations on discriminatory employment,the imbalance in the burden of proof,and the limitation and alienation of the functions of civil liability and private law autonomy.The root of those problems lies in the fact that the nature of anti-employment discrimination law is not private law but social law.Equal employment involves both public and private interests,and it should be based on the public interest of society and adhere to the value orientation of prioritizing fairness while taking into account efficiency.Improving the legal relief mechanism for protecting the right to equal employment,with a focus on correcting private law with social law,is the solution to the dilemma.Specific measures include establishing the special tort liability system for equal employment,the legal mechanism against discriminatory labor contracts,the public-private integrated legal responsibility system,and an essentially fair system for the responsibility of adducing evidence.
文摘The Qi Yuling case is a crucial juncture in the study of “fundamental rights and private law” in China, yet relevant research is underpinned on two clues. The first is that the increasing interest in the “constitutionalization of private law” worldwide provides knowledge resources and reference materials for scholars in China;the second is the understanding and exploration of the judicial application of the Constitution since the 1980s. Among them, such concepts as “the Constitution has direct legal effect” and “the Constitution needs to be implemented by the people” could have directly affected the Qi Yuling case. Focusing on such topics as the case of Qi Yuling, judicial enforcement of the Constitution, and the compilation of the Civil Code, scholars discussed the ways and scope for inclu ding fundamental rights in private law based on their experience abroad. They also looked into specific issues, covering how fundamental rights affect civil acts and the private law effects fundamental rights like personality rights, equali ty rights, freedom of speech, and protection of personal information. In the context of promoting the full implementation of the Constitution in the new era, “fundamental rights and private law” is still a field with great potential in both practice and theory.
文摘The aim of this essay is to analyse the future of Confucianism in Western societies or,at least,through the exegesis of Western scholars.To realize this overview definitely means to verify how Confucian thought crossed many contemporary and later theories,especially in juridical fields as the theory of private law and the public comparative law.That system of customary rules and pragmatic ethics did not fail to face the modernity by enlarging its views in the context of much more complex societies:So,a typical phenomenon of Eastern civilities,to the point that it is generally considered the most peculiar inheritance of both Chinese spirituality and administrative political science,became an interesting and suggestive test bench for different starting points.If it is correct to say that this is not a proper nowadays stance(remembering the praise of Leibniz and Voltaire,for instance),it is even more likely that Confucianism will catch the attention of a larger academic audience also in the nearest future and not only narrowing its rise to the enormous economic growth of the Chinese influence and ruling role in the world,directly getting a level of strength not far from the American governance.Unsurprisingly,the first defined approaches to a Western Confucianism,mixing elements from its absolutely unique written or traditional sources and aspects taken from the comparison with other cultures,are still coming from United States’universities,in the scientific field of sinology and,step by step,comparative law’s scholars and legal theorists.This fascinating development that opens up Confucian ethics to a bigger spectre of teachings and belongings is happening while Confucian rituals,temples,and precepts are reaching in modern days China an always more cohesive and aggregating religious phenomenology.The West looks for ideas,while the East is trying to find stability around a metaphysical substructure of common values to prevent conflicts and to keep societies safe.
文摘Atier more than a quarter-century of market-oriented economic policies and unprecedented economic growths, China on March 15, 2007enacted its first law that provides equal legal safeguards to both public and private properties. The 247-article People＇s Republic of China Property Law, which is due to come into effect as of October 1, 2007, stipulates that ＂the property of the State, the collecfive, the individual and other obligees shall be protected by law, and no units or individuals may infringe upon it＂.
文摘In terms of the theory of the three hierarchies of distribution in economics,private law can be seen as embodying a 2.5th distribution.Primary distribution confers equal objective rights on all private agents,who acquire subjective rights through de facto and de jure acts.The legal environment should be conducive to unleashing the energy and creativity of agents,supporting entrepreneurs,safeguarding competitive neutrality and promoting the mobility of factors of production in order to consolidate the material foundation of common prosperity.Redistribution changes the rules of primary distribution and is an inherent and rightful function of private law.By equalizing the strengths and weaknesses of the interactions of private agents,redistribution is better able to promote self-determination and defend human dignity than public law.Moreover,it enables private law to achieve the national goals of enhancing social welfare and reducing confrontation in the operation of power.Private law lies between redistribution and tertiary distribution,occupying the 2.5th distribution.Its most typical expression is"interference liability,"i.e.,justified harm inflicted in cases of necessity(Aufopferungshaftung).This includes the expansion of the social liability of profitmaking legal persons,the expansion of tort liability,and the limitation of the return of benefits.Private law enables distributive justice to serve as a common basis for the various hierarchies of distribution,incorporating the different values of private law and weighting them differently depending on the circumstances.Distributive justice can also help to transform all private law rules into laws of nature,thus highlighting the neutrality of private law.
基金“Lithuanian National Ecosystem Services Assessment and Mapping(LINESAM)”(Grant No.09.3.3-LMT-K-712-01-0104)is fundedthe European Social Fund according to the activity“Improvement of re-searchers’qualification by implementing world-class R&D projects”of Measure(Grant No.09.3.3-LMT-K-712).
文摘Ecosystem services(ES)delivery in quantity and quality are essential to improve human wellbeing.Nevertheless,often a considerable part of ES provisioning depends on the use of private land(e.g.,flood retention,carbon sequestration,water purification).In this context,the operationalization and implementation of ES concept may collide with legal property rights.Therefore,it is essential to find constructive mechanisms to engage and encour-age private owners to implement sustainable land uses to reduce the onsite and offsite impacts of their activities.This paper aims to identify if ES delivery can be constrained by legal private land and how it can be tackled.It is undeniable that land-use changes(e.g.,urbanization,agriculture intensification,and land abandonment)affect the territory’s capacity to deliver ES in quality and quantity.These changes,especially land abandonment,are in-creasing the tradeoffs among ES(e.g.,between carbon sequestration and water yield).Land-use planning should consider these aspects.Therefore,incorporating ES into spatial plans is crucial for stakeholders to understand the impacts of land-use change in the loss of ES value.This information can be transmitted through maps that communicate the message in a simplified way.Private owners can easily perceive the ES relevance that their land can provide if an understandable message is delivered.Although this can be a good solution,conflicts can appear even with the implementation of schemes such as Payment for ES(PES).PES is not always effective and can im-pose losses to farmers,disregard their cultural traditions,or not prevent poverty alleviation.In this context,it is crucial to consider local specificities to safeguard PES’s success,create a“win-win”and transform a problem into a solution.Private owners’active participation in implementing sustainable practices or a determined land-use in their properties is vital to achieving global targets such as sustainable development goals.
文摘Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) legal system, from its origins to recent US Supreme Court decisions, continue to positively benefit holders of real estate in the Southern US, through a deep-rooted public policy of supporting private property rights and rural economic development. This stable rule of law enhances the long-term adaptability and sustainability of timberland as an asset class. This article is a commentary. It combines legal research methodology with the observations and conclusions of the authors. Its purpose is to demonstrate that the existence of alienable, documentable ownership, and related property rights create inherent stability and security. These principles form the basis of a culture that is defined by the rule of law and is “open for business.” This business mindset is particularly prevalent in the Southern US.
