如何理解和翻译“the Law of Peoples”?

在罗尔斯的后期思想和作品中 ,thelawofpeoples是一个非常重要的术语。国内日前出版的有关罗尔斯这个时期的著作 ,均将其译为“万民法”。但这种译法缺乏对西方法制史传统的照顾 ,也与罗尔斯本人的整体思想不大一致。本文以此为题展开考察和分析 ,以期能引起学术界和翻译界广泛、深刻的讨论 ,求得比较满意的结果。

Power Law for the Rates of Different Numbers of Chronic Diseases among Elderly Chinese People

Chronic disease is an important factor that affect the health of elderly people. We analyzed the 2006 and 2010 data from the Chinese Urban and Rural Elderly Population Surveys, which are nationally representative surveys of elderly people aged 60 years and above. We found that there existed a typical power-law distribution for the rates of different numbers of chronic diseases among elderly Chinese people. A Kolmogorov-Smirnov test indicated that the result was robust, and the power exponents were approximately ?2.5. In addition, a paired t-test was conducted, which demonstrated that the rates of different numbers of chronic diseases did not have significant urban-rural differences, time differences or gender differences.

Dilemma and Solution for Relief in the Right to Equal Employment-From the Perspective of Rectifying Private Law with Social Law

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.

Law Absence and System Construction of Equal Material Assistance Rights of Farmers in China

Firstly,conception of farmers' equal material assistance rights is introduced from the aspects of equal rights,material assistance rights,and farmers' equal material assistance rights.Value function of farmers' equal material assistance rights is pointed out,which can eliminate the partial policies with urban priority orientation.It is a necessary condition for maintaining the legal and institutional authority,as well as an inevitable choice to realize the social justice and harmony.Current status of the law absence of farmers' equal material assistance rights in China is introduced,which is reflected in the lack of theoretical research on farmers' equal material assistance rights in the law circle,the lack of procedural legal system of farmers' equal material assistance rights at present,and the lack of actual law effectiveness of farmers' equal material assistance rights at present.System construction is a turning point to change the law absence of farmers' material assistance rights.Government should promote the economic development,provide material bases for the system construction of farmers' material assistance rights,enhance the legal consciousness of farmers,cultivate the ability of farmers to participate in equal material assistance rights,strengthen the procedural legislation and judicial justice,and ensure the farmers' material assistance rights.

Democracy on the Road toward the Rule of Law Started from Umbrella Movement

This paper had started its words from the hot current Umbrella Movement in Hongkong, with putting forward the questions that ＂ What is the democracy？ ＂ and ＂ How should the democracy develop？ ＂ . And then, it had reviewed the historical development of the concept of democracy, on that basis, it had explored the socialist democratic system in China and analyzed the dilemmas in the construction of socialist democracy. And it gave the responses to questions in the beginning of the article and explained the reasons in details. At the last, some notes on the construction of democracy in China＇ s journey toward rule of law were written in this article.

Inspection of the Output of a Convolution and Deconvolution Process from the Leading Digit Point of View—Benford’s Law

In the communication field, during transmission, a source signal undergoes a convolutive distortion between its symbols and the channel impulse response. This distortion is referred to as Intersymbol Interference (ISI) and can be reduced significantly by applying a blind adaptive deconvolution process (blind adaptive equalizer) on the distorted received symbols. But, since the entire blind deconvolution process is carried out with no training symbols and the channel’s coefficients are obviously unknown to the receiver, no actual indication can be given (via the mean square error (MSE) or ISI expression) during the deconvolution process whether the blind adaptive equalizer succeeded to remove the heavy ISI from the transmitted symbols or not. Up to now, the output of a convolution and deconvolution process was mainly investigated from the ISI point of view. In this paper, the output of a convolution and deconvolution process is inspected from the leading digit point of view. Simulation results indicate that for the 4PAM (Pulse Amplitude Modulation) and 16QAM (Quadrature Amplitude Modulation) input case, the number “1” is the leading digit at the output of a convolution and deconvolution process respectively as long as heavy ISI exists. However, this leading digit does not follow exactly Benford’s Law but follows approximately the leading digit (digit 1) of a Gaussian process for independent identically distributed input symbols and a channel with many coefficients.

Landmark Law Provides Equal Safeguards to Public,Private Property

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＂.

Tian Qiyu: Enforce Law for People and Human Rights

Editor's Note: In recent years, China's public security organs have firmly implanted the idea of enforcing the law in the interests of the people and adhered to the principle of enforcing the law strictly, impartially and in a civilized manner and dealing flows at all kinds of criminal activities. They have achieved fruitful results in protecting the lawful rights and interests of the people and in safeguarding and protecting human rights. To know such achievements, our staff reporter interviewed Tian Qiyu, executive vice-minister of public security.

通过扫黑除恶的社会治理——以贯彻落实《反有组织犯罪法》为视角

在黑恶势力及其违法犯罪严重影响基层政权稳定的严峻形势下,党和国家决定开展扫黑除恶专项斗争,经过三年的全面、深入、系统推进,成效显著,赢得全面胜利。扫黑除恶是国家专门力量直接介入基层社会治理的重要体现,但单纯通过刑事司法或综合治理均无法达到深入且快速的良好治理效果。在总体国家安全观的指导下《,反有组织犯罪法》以“四个结合”为治理理念,构建惩防并举、标本兼治的有组织犯罪治理体系。其具体体现了司法治理与综合治理并重,且重点突出、有机衔接的共治路径及其立法思路。其中,司法治理强调宽严相济刑事政策的细化落实及关联治理机制的体系性完备,综合治理则突出群众路线下治本且治标的综合预防体系健全。通过不断完善的法治来推动常态化、高质效的有组织犯罪治理,保障扫黑除恶的法律效果、政治效果与社会效果相统一,有利于促进实现国家治理体系和治理能力现代化。

All Equal Before the Law

Twelve years ago, Beijing Review wrote a story on Guo Jianmei and her legal aid center for women. At that time, the Chinese,

Expansion of traditional land-use and deforestation:a case study of an adat forest in the Kandilo Subwatershed,East Kalimantan,Indonesia

Deforestation issues are more problematic when indigenous(adat) communities,living within a forest,have lived there for many generations.These adat communities,who employ traditional land-use,are frequently accused of encroaching on the forest.To understand existing and future trends in the spatial patterns of the expansion of traditional land-use and deforestation,we conducted a case study in the Kandilo Subwatershed using mixed methods with image interpretation,spatial modelling and sociocultural surveys to examine the interrelationships between physical conditions,community characteristics and traditional land-use expansion.We investigated community characteristics through household interviews,communication with key informants,and discussions with focusgroups.By using an area production model,we were able to analyze the effect of improved farming systems,policy intervention and law enforcement on traditional land-use expansion and deforestation.Based on our examination of a 20-year period of traditional land-use activities in adat forests,the evidence indicated that the steeper the slope of the land and the farther the distance from the village,the lower the rate of deforestation.Our study found that customary law,regulating traditional land-use,played an important role in controlling deforestation and land degradation.We conclude that the integration of land allocation,improved farming practices and enforcement of customary law are effective measures to improve traditional land productivity while avoiding deforestation and land degradation.

The Discussion of the Compensation Ability Terms on Traffic Accident Crime

In 2000, the interpretation of the specific application of law on the trial of traffic accident criminal cases was issued by the Supreme People＇ s court. The second article and the fourth article in the judicial interpretation take the ＂no ability of the amount of compensation＂ as conviction and aggravated punishment standard after the traffic accident, causing the academic community fierce controversy. This article briefly states the publishing background, applicable conditions, defects and its positive significance of the two provisions. This paper nresents the immature modification suggestions for the two nrovisions.

The Ministry of Environmental Protection Issued the Technical Guide for Pollution Prevention and Control of the Pulp and Paper Industry

In order to implement the Environmental Protection Law of the People’s Republic of China and improve the quality of the environment,to implement the Notice of the General Office of the State Council on Issuing the Implementation Plan for the Control of Pollutant Discharge Permit System(the General Office of the State Council issued[2016]No.81),to establish a sound available technology system in pollutant discharge standard basis and to promote the upgrading and reforming of pollution prevention measures and technological progress in enterprises and institutions,on January 5th,2018,the Ministry of Environmental Protection issued the National Environmental Protection Standard Available Technology Guide for Pollution Prevention and Control of the Pulp and Paper Industry(HJ 2302—2018).

The Ministry of Environmental Protection Issued the Paper Industry Pollution Prevention and Control Technology Policy

In order to implement the Environmental Protection Law of the People’s Republic of China,improve the environmental technology management system,guide pollution prevention and control,ensure human health and ecological safety,and guide the green recycling and low-carbon development of the paper industry,on August 2nd,2017,the Ministry of Environmental Protection issued Announcement No.35 2017 Paper Industry Pollution Prevention and Control Technology Policy as follows.

The Centennial Protection of Ethnic Minority Rights by the Communist Party of China: An Ideological Exploration

during the different periods of revolution,construction,and reform,under the pattern of unity in diversity,the Communist Party of China has recognized and respected ethnic cultural differences,taken ethnic equality as the moral foundation for ethnic minority rights,ethnic fraternity as the ethical foundation of ethnic minority rights,and regarded ethnic minority rights as an important part of China’s human rights cause.Protecting ethnic minority rights through regional ethnic autonomy and ethnic support policies has not only proved to be an effective way to protect ethnic minority rights but also built up rich and profound ideolog ical resources for respecting and protecting ethnic minority rights.

以提高人民生活品质为核心健全基本公共服务体系的意义、现状及未来路向

人民生活品质是指全体人民群众享有的一种高质量、优品位的生活方式,以及对这种生活状态的满意感与幸福度。提升人民生活品质,要求推进基本公共服务的质量优化、水平提升、全面覆盖、均等可及,使人民群众过上高品质生活。党的十八大以来,我国基本公共服务体系日益健全,质量不断提升,覆盖面逐步扩大,人民生活品质全方位改善。但我国基本公共服务体系建设还存在着一些突出问题,基本公共服务体系中仍存在短板弱项,水平与标准亟待提高,一体化、均衡化、可及化进程有待加速。为此,就要求政府围绕提高人民生活质量,稳步推进基本公共服务优质化;围绕提升人民生活品位,不断提高基本公共服务水平与标准;围绕提高人民群众满意感,不断推进基本公共服务的全面覆盖与全面保障;围绕提高人民群众幸福感,不断增强基本公共服务均等化可及性。

论新质生产力基础上的“新质民主”与“新质法治”的辩证统一

从分析“新质生产力”的性质、内涵、特征、构成要素及意义出发,运用马克思主义立场、观点和方法,坚持习近平法治思想为指导,可以明确提出“新质生产力”的出现和发展可能引起“新质生产关系”的形成,继而通过“新质经济基础”推动上层建筑朝着“新质上层建筑”转变的重大法理判断。“新质生产力”所引发的社会变革是客观规律,民主与法治作为上层建筑的重要组成部分,也会随着“新质生产力”的不断发展而日益呈现“新质民主”与“新质法治”的特征。“全过程人民民主”是“新质民主”的重要标志,而数字法治、涉外法治构成了“新质法治”的核心要素。法学界要及早规划、超前研究,对“新质生产力”发展可能引发的包含了民主与法治等要素在内的上层建筑可能发生的深远影响,从法理上进行深入分析并拿出切实可行的应对方案。

论新时代人民法院能动司法的主要特征

能动司法是中国本土司法文化资源的原生性概念,是中国特色的自主司法知识体系的有机构成要素,是中国特色社会主义司法制度本质属性的集中体现,反映了马克思主义法哲学的世界观和方法论。新时代人民法院坚持能动司法,是践行习近平法治思想,着力破解司法难题,维护社会公平正义,积极主动融入国家治理、社会治理,以审判工作现代化支撑和服务中国式现代化的必然要求。新时代新征程,人民法院能动司法的内涵更加丰富、指向更加鲜明,体现了司法的政治性、人民性、法治性、协同性、综合性和有效性的有机统一,彰显了走中国特色社会主义法治道路的自信、底气和定力。坚持新时代能动司法,就是要坚持以习近平法治思想为指引,以让人民群众感受到公平正义为目标,积极主动适应中国式现代化的司法新需求,推动形成服务大局、司法为民、公正司法的生动实践。

贯彻最有利于学前儿童的原则:立法与实践的双重审视

学前教育高质量发展是实现“幼有优育”的必由之路,而立法则是促进学前教育高质量发展的有力保障。《中华人民共和国学前教育法(草案)》以最有利于学前儿童的原则为根本立场,旨在解决学前教育实践中面临的诸多问题。《草案》强调以公益普惠为基本方向,保障学前儿童的受教育权和参与权;推进科学保教,遵循学前儿童的身心发展规律;规定家园社三方协同育人责任,优化学前儿童的成长环境。尽管《草案》在许多方面具有前瞻性和指导意义,充分体现了对学前儿童权益的高度重视,但在具体实施上,仍需进一步完善相关条款,健全相应的制度保障。