The cross-cultural legal cultural conflict is originated from the change of legal culture and social evolution in different countries,societies or nationalities,which is in fact reflected as the conflicts betw een rea...The cross-cultural legal cultural conflict is originated from the change of legal culture and social evolution in different countries,societies or nationalities,which is in fact reflected as the conflicts betw een reality,inherent value and attitude of laws. With the legal globalization produced by the high-speed social and economic development of modern society,Chinese and western legal cultures has frequent exchanges and with gradually expanded range,therefore the manifestation patterns of the legal conflict have experienced a qualitative change.T his paper tries to explore the causes of the legal conflicts from the historical and cultural perspective,taking legal pluralism as the guidance,introducing the cultural turn research paradigm,and putting forw ard the principles and regulations for the resolution of cross-cultural legal conflicts,and leading the legal culture conflicts to dissolve and integrate through regulation.展开更多
As an important part of cultural and ideological progress construction,the improvement of Chinese modern legal system has become a keynote in the process of constructing the harmonious society in China.In the course o...As an important part of cultural and ideological progress construction,the improvement of Chinese modern legal system has become a keynote in the process of constructing the harmonious society in China.In the course of the development of Chinese legal system,transplanting from western legal culture is becoming a trend.Therefore,it is necessary to study the difference between Chinese and western legal culture and its influencing elements so as to provide a cultural basis for this transplant.As for cultural factor,Confucianism is the dominated thoughts in traditional Chinese history and Christianity occupies the same place in western culture,accordingly,their influence on the difference between Chinese and western legal culture is great.This paper discusses the difference of the obligation orientation and right-based principle between Chinese and western legal culture influenced by Confucianism and Christianity aiming at provide some important inspirations for the transplant of western legal culture in improving Chinese modern legal system.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
Habermas is one of the Western scholars who make great contribution to the contem porary humanistic and social science. He puts forward the theory of communicative action,which,with language as the medium,aims at mutu...Habermas is one of the Western scholars who make great contribution to the contem porary humanistic and social science. He puts forward the theory of communicative action,which,with language as the medium,aims at mutual understanding and reaching an agreement. The theory of communicative action of Haberm as has the model significance for the reconstruction of the legal culture of China. Through studying of such a theory,this paper attem pts to interpret the rationalistic philosophy of the Western legal democracy which is based on the theory of discussion,and according to the current situation of the legal culture of China,this paper puts forward that we should refer to the theory of communicative action of Haberm as in order to accelerate the socialist legislation and prom ote the im plementation of the socialist concept of ruling by law.展开更多
With the increasingly rapid social development,collusion and integration of different culture around the world,legal translation also becomes an exceedingly important tool in exchanges of laws.Legal translation,in ess...With the increasingly rapid social development,collusion and integration of different culture around the world,legal translation also becomes an exceedingly important tool in exchanges of laws.Legal translation,in essence,is a non-negligible aspect of intercultural communication,because legal translation is not only a transfer process from one language to another language,but also a study process of various legal cultures.In traditional researches about legal translation,most scholars only have a preference to pay more attention to the faithfulness and exactness of target language,but ignore the significance of cultural elements that are key limitations to the readiness of legal translation.Researchers can take advantage of culture transfer,which is a strategy to avoid misunderstandings in process of legal translation for the intention of improving the quality of legal texts.In this paper,legal translation refers to translation between English legal texts and Chinese legal texts.展开更多
A French expert explores the depth of Chinese culture and history,with a strong wish to promote a real dialogue between Eastern and Western cultures.JEAN-FRANCOIS Vergnaud,director of the Franco-Chinese Institute(IFC)...A French expert explores the depth of Chinese culture and history,with a strong wish to promote a real dialogue between Eastern and Western cultures.JEAN-FRANCOIS Vergnaud,director of the Franco-Chinese Institute(IFC)at Renmin University of China in the city of Suzhou in east China,has worn many hats.He has been a construction worker,a legal advisor,a computer specialist,and a diplomat.He worked as a Chinese language teacher and later a researcher in Chinese studies.The 70-year-old’s China story began in 1974 with an unusual teacher.展开更多
文摘The cross-cultural legal cultural conflict is originated from the change of legal culture and social evolution in different countries,societies or nationalities,which is in fact reflected as the conflicts betw een reality,inherent value and attitude of laws. With the legal globalization produced by the high-speed social and economic development of modern society,Chinese and western legal cultures has frequent exchanges and with gradually expanded range,therefore the manifestation patterns of the legal conflict have experienced a qualitative change.T his paper tries to explore the causes of the legal conflicts from the historical and cultural perspective,taking legal pluralism as the guidance,introducing the cultural turn research paradigm,and putting forw ard the principles and regulations for the resolution of cross-cultural legal conflicts,and leading the legal culture conflicts to dissolve and integrate through regulation.
文摘As an important part of cultural and ideological progress construction,the improvement of Chinese modern legal system has become a keynote in the process of constructing the harmonious society in China.In the course of the development of Chinese legal system,transplanting from western legal culture is becoming a trend.Therefore,it is necessary to study the difference between Chinese and western legal culture and its influencing elements so as to provide a cultural basis for this transplant.As for cultural factor,Confucianism is the dominated thoughts in traditional Chinese history and Christianity occupies the same place in western culture,accordingly,their influence on the difference between Chinese and western legal culture is great.This paper discusses the difference of the obligation orientation and right-based principle between Chinese and western legal culture influenced by Confucianism and Christianity aiming at provide some important inspirations for the transplant of western legal culture in improving Chinese modern legal system.
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Habermas is one of the Western scholars who make great contribution to the contem porary humanistic and social science. He puts forward the theory of communicative action,which,with language as the medium,aims at mutual understanding and reaching an agreement. The theory of communicative action of Haberm as has the model significance for the reconstruction of the legal culture of China. Through studying of such a theory,this paper attem pts to interpret the rationalistic philosophy of the Western legal democracy which is based on the theory of discussion,and according to the current situation of the legal culture of China,this paper puts forward that we should refer to the theory of communicative action of Haberm as in order to accelerate the socialist legislation and prom ote the im plementation of the socialist concept of ruling by law.
文摘With the increasingly rapid social development,collusion and integration of different culture around the world,legal translation also becomes an exceedingly important tool in exchanges of laws.Legal translation,in essence,is a non-negligible aspect of intercultural communication,because legal translation is not only a transfer process from one language to another language,but also a study process of various legal cultures.In traditional researches about legal translation,most scholars only have a preference to pay more attention to the faithfulness and exactness of target language,but ignore the significance of cultural elements that are key limitations to the readiness of legal translation.Researchers can take advantage of culture transfer,which is a strategy to avoid misunderstandings in process of legal translation for the intention of improving the quality of legal texts.In this paper,legal translation refers to translation between English legal texts and Chinese legal texts.
文摘A French expert explores the depth of Chinese culture and history,with a strong wish to promote a real dialogue between Eastern and Western cultures.JEAN-FRANCOIS Vergnaud,director of the Franco-Chinese Institute(IFC)at Renmin University of China in the city of Suzhou in east China,has worn many hats.He has been a construction worker,a legal advisor,a computer specialist,and a diplomat.He worked as a Chinese language teacher and later a researcher in Chinese studies.The 70-year-old’s China story began in 1974 with an unusual teacher.