The decision of local people's congresses to discuss major issues is a basic right granted to local people's congresses by the Chinese Constitution and laws.However,in practice,the implementation of the power ...The decision of local people's congresses to discuss major issues is a basic right granted to local people's congresses by the Chinese Constitution and laws.However,in practice,the implementation of the power of deliberation of major issues by local people's congresses is worrying.By applying the theory of Chinese traditionalism and unity in the theory of law,the theory of"sovereignty in the people"in the social contract theory of Western natural law school,Austin's"legal command theory55 in Western positivist law and Hart's"recognition""Rules theory"to argue that the integrity of rights necessarily involves the dual factors of decision-making and execution.At the same time,the existence and operation of the law always reflects the development of the political system.The realistic political situation requires us to make more precise and meticulous refinement of the external form and specific technical links of the legal system,and to coordinate the rules to make up the legal theory and Conflicts and conflicts in legal practice help to reform social institutions.展开更多
The release of the Opinions on Strengthening Legal Education and Legal Theory Research in the New Era (hereinafter referred to as the “Opinions” ) is a milestone in the history of legal education since the founding ...The release of the Opinions on Strengthening Legal Education and Legal Theory Research in the New Era (hereinafter referred to as the “Opinions” ) is a milestone in the history of legal education since the founding of the People’ s Republic of China in 1949. Standing at a new historical starting point for exercising law-based governance on all fronts and advancing the rule of law in China, this document outlines new development goals for legal education and legal theory research in the new era from both short-term and long-term perspectives. It adheres to the guidance of XI Jinping Thought on Socialism with Chinese Characteristics for a New Era, and puts forward the principles of upholding and strengthening the overall leadership under the Communist Party of China, adhering to the scientific guidance of XI Jinping Thought on the Rule of Law, accomplishing the core task of economic development and serving the overall interests of the country, fostering virtue through education and cultivating talent with both moral quality and legal literacy, following the objective law, and integrating the underlying tenets of Marxism with China’ s realities and the fine traditional Chinese culture, thus establishing the principles for the new development of legal education and legal theory research in the new era. It proposes to strengthen top-level design and strategic arrangements, promote the reform and improvement of the law school system, accelerate the improvement of the legal education system, and innovatively develop the legal theory research system. Therefore, a new development landscape for legal education and legal theory research in the new era has been established. The Opinions clearly stipulates the leadership system, management system, and coordination mechanism for legal education and legal theory research, and creates a new development system for legal education and legal theory research in the new era.展开更多
文摘The decision of local people's congresses to discuss major issues is a basic right granted to local people's congresses by the Chinese Constitution and laws.However,in practice,the implementation of the power of deliberation of major issues by local people's congresses is worrying.By applying the theory of Chinese traditionalism and unity in the theory of law,the theory of"sovereignty in the people"in the social contract theory of Western natural law school,Austin's"legal command theory55 in Western positivist law and Hart's"recognition""Rules theory"to argue that the integrity of rights necessarily involves the dual factors of decision-making and execution.At the same time,the existence and operation of the law always reflects the development of the political system.The realistic political situation requires us to make more precise and meticulous refinement of the external form and specific technical links of the legal system,and to coordinate the rules to make up the legal theory and Conflicts and conflicts in legal practice help to reform social institutions.
文摘The release of the Opinions on Strengthening Legal Education and Legal Theory Research in the New Era (hereinafter referred to as the “Opinions” ) is a milestone in the history of legal education since the founding of the People’ s Republic of China in 1949. Standing at a new historical starting point for exercising law-based governance on all fronts and advancing the rule of law in China, this document outlines new development goals for legal education and legal theory research in the new era from both short-term and long-term perspectives. It adheres to the guidance of XI Jinping Thought on Socialism with Chinese Characteristics for a New Era, and puts forward the principles of upholding and strengthening the overall leadership under the Communist Party of China, adhering to the scientific guidance of XI Jinping Thought on the Rule of Law, accomplishing the core task of economic development and serving the overall interests of the country, fostering virtue through education and cultivating talent with both moral quality and legal literacy, following the objective law, and integrating the underlying tenets of Marxism with China’ s realities and the fine traditional Chinese culture, thus establishing the principles for the new development of legal education and legal theory research in the new era. It proposes to strengthen top-level design and strategic arrangements, promote the reform and improvement of the law school system, accelerate the improvement of the legal education system, and innovatively develop the legal theory research system. Therefore, a new development landscape for legal education and legal theory research in the new era has been established. The Opinions clearly stipulates the leadership system, management system, and coordination mechanism for legal education and legal theory research, and creates a new development system for legal education and legal theory research in the new era.