The haze has become the necessary thing to talk about everywhere for the Chinese people nowadays and the main report object in the news. It becomes increasingly urgent to develop the circular economy and build a beaut...The haze has become the necessary thing to talk about everywhere for the Chinese people nowadays and the main report object in the news. It becomes increasingly urgent to develop the circular economy and build a beautiful China. But there exists secretly a game between the central and local governments when the air protection is enforced. The central government calls for implementing the total control system of the key pollutant emission,but the local governments are blandly ignoring the central government's requirement as they have to face the pressures of the assessment and performance. And the games among the local governments at the same level and between the governments and enterprises lead that the existing incentive policy through the legislation is inefficiency in China. The amendment about Environmental Law has laid foundation of the legal system for it.展开更多
China's high-speed railway industry achieved dazzling development over the years, but not much research has been devoted to this industry from the perspeetive of competition policy. This paper focuses on the industri...China's high-speed railway industry achieved dazzling development over the years, but not much research has been devoted to this industry from the perspeetive of competition policy. This paper focuses on the industrial organization of China's high-speed railway industry and the applicability of the Anti-Monopoly Law. We intend to answer the following questions: (l) Why is the high-speed railway industry not an industry of natural monopoly? Which segments of the industry have elements of natural monopoly? (2) At the level of corporate organization, what is the legal and economic rationale behind the patterns of China's high-speed railway undertakings evolving from government-affiliated enterprises to special legal person enterprises and then shareholding companies? (3) The applicability of the Anti-Monopoly Law to the high-speed railway industry. Our conclusions from the perspective of competition policy are worth referencing for similar industries such as electric power, telecommunications, and water and gas supply.展开更多
Chinese criminal law has been amended ten times, which includes a single line criminal law and nine amendments. By taking into account the provisions of the constitution, democracy, the essence of the rule of law and ...Chinese criminal law has been amended ten times, which includes a single line criminal law and nine amendments. By taking into account the provisions of the constitution, democracy, the essence of the rule of law and safeguarding the human rights, Chinese criminal law amendment activities have different degrees of violation of the constitution. Criminal law as a restriction of civil rights of the harsh laws, its final decision of correction should be held by the National People's Congress. At the same time, the time interval of the amendment of the criminal law is controlled within a reasonable range, unreasonable charges and actions whose main purpose is to explain that the criminal law are constantly decreased, and the criminal law that protects the rights to security is gradually created.展开更多
The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,ac...The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,accumulating experience of judicial application in practice.In the current proposed amendment of the Law on the Protection of Women’s Rights and interests,the main issues that should be considered are:First,the legislative purpose of this law should be reviewed to clarify the three legislative positions of the Law on Women’s Rights and interests,in terms of protection,practice and foundation.Second,it is necessary to grasp whether the text content is appropriate and rectify any defects in the existing text.Third,it should explore how to reform and implement specific systems from the micro perspective to improve the specific systems of women’s personal,property,and social rights and interests.Fourth,it should strengthen the systematic interaction with other norms at different levels and implement the principle of gender equality stipulated in the Constitution of the People’s Republic of China.Fifth,attention should be paid to the necessity of invoking the Law in judicial practice,the possibility of operation and the effectiveness of enforcement.The proposed amendment of the Law on the Protection of Women’s Rights and interests should also sum up the experience of local legislation and judicial decisions and improve the quality of judicial application of the law so that is truly responds to the practical needs and challenges of the protection of women’s rights and interests and the implementation of gender equality in the new era.展开更多
Human rights are one of the widely acknowledged value systems in the international ,community. The core of human rights lies in the life and dignity of human beings. On the one hand, criminal procedure law is related ...Human rights are one of the widely acknowledged value systems in the international ,community. The core of human rights lies in the life and dignity of human beings. On the one hand, criminal procedure law is related to life and freedom, which is the concern of everybody. On the other hand, it involves direct dialogue between national power and citizens' fights.展开更多
Amendment VIII to the Criminal Law of the PRC, which went into effect on hMay 1, 2011, is not only in line with the basic spirit of the Universal Declaration of Human Rights and relevant international human rights t...Amendment VIII to the Criminal Law of the PRC, which went into effect on hMay 1, 2011, is not only in line with the basic spirit of the Universal Declaration of Human Rights and relevant international human rights treaties, but also is related to the priority area of the Program for The Development of Chinese Children (2011- 2020). Thus, it helps to safeguard the rights of juveniles and strengthens criminal law protection of their rights and interests. In consideration of the weak position of juveniles and the criminal law means of protecting their rights and interests,展开更多
文摘The haze has become the necessary thing to talk about everywhere for the Chinese people nowadays and the main report object in the news. It becomes increasingly urgent to develop the circular economy and build a beautiful China. But there exists secretly a game between the central and local governments when the air protection is enforced. The central government calls for implementing the total control system of the key pollutant emission,but the local governments are blandly ignoring the central government's requirement as they have to face the pressures of the assessment and performance. And the games among the local governments at the same level and between the governments and enterprises lead that the existing incentive policy through the legislation is inefficiency in China. The amendment about Environmental Law has laid foundation of the legal system for it.
文摘China's high-speed railway industry achieved dazzling development over the years, but not much research has been devoted to this industry from the perspeetive of competition policy. This paper focuses on the industrial organization of China's high-speed railway industry and the applicability of the Anti-Monopoly Law. We intend to answer the following questions: (l) Why is the high-speed railway industry not an industry of natural monopoly? Which segments of the industry have elements of natural monopoly? (2) At the level of corporate organization, what is the legal and economic rationale behind the patterns of China's high-speed railway undertakings evolving from government-affiliated enterprises to special legal person enterprises and then shareholding companies? (3) The applicability of the Anti-Monopoly Law to the high-speed railway industry. Our conclusions from the perspective of competition policy are worth referencing for similar industries such as electric power, telecommunications, and water and gas supply.
文摘Chinese criminal law has been amended ten times, which includes a single line criminal law and nine amendments. By taking into account the provisions of the constitution, democracy, the essence of the rule of law and safeguarding the human rights, Chinese criminal law amendment activities have different degrees of violation of the constitution. Criminal law as a restriction of civil rights of the harsh laws, its final decision of correction should be held by the National People's Congress. At the same time, the time interval of the amendment of the criminal law is controlled within a reasonable range, unreasonable charges and actions whose main purpose is to explain that the criminal law are constantly decreased, and the criminal law that protects the rights to security is gradually created.
文摘The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,accumulating experience of judicial application in practice.In the current proposed amendment of the Law on the Protection of Women’s Rights and interests,the main issues that should be considered are:First,the legislative purpose of this law should be reviewed to clarify the three legislative positions of the Law on Women’s Rights and interests,in terms of protection,practice and foundation.Second,it is necessary to grasp whether the text content is appropriate and rectify any defects in the existing text.Third,it should explore how to reform and implement specific systems from the micro perspective to improve the specific systems of women’s personal,property,and social rights and interests.Fourth,it should strengthen the systematic interaction with other norms at different levels and implement the principle of gender equality stipulated in the Constitution of the People’s Republic of China.Fifth,attention should be paid to the necessity of invoking the Law in judicial practice,the possibility of operation and the effectiveness of enforcement.The proposed amendment of the Law on the Protection of Women’s Rights and interests should also sum up the experience of local legislation and judicial decisions and improve the quality of judicial application of the law so that is truly responds to the practical needs and challenges of the protection of women’s rights and interests and the implementation of gender equality in the new era.
文摘Human rights are one of the widely acknowledged value systems in the international ,community. The core of human rights lies in the life and dignity of human beings. On the one hand, criminal procedure law is related to life and freedom, which is the concern of everybody. On the other hand, it involves direct dialogue between national power and citizens' fights.
文摘Amendment VIII to the Criminal Law of the PRC, which went into effect on hMay 1, 2011, is not only in line with the basic spirit of the Universal Declaration of Human Rights and relevant international human rights treaties, but also is related to the priority area of the Program for The Development of Chinese Children (2011- 2020). Thus, it helps to safeguard the rights of juveniles and strengthens criminal law protection of their rights and interests. In consideration of the weak position of juveniles and the criminal law means of protecting their rights and interests,