In May 1993, the State Council promulgated ProvisionalRegulations Regarding the Issuing of Stocks and theAdministration of Stock Dealings. However, the Stock Act isstill in the process of drafting. This paper intends ...In May 1993, the State Council promulgated ProvisionalRegulations Regarding the Issuing of Stocks and theAdministration of Stock Dealings. However, the Stock Act isstill in the process of drafting. This paper intends to discuss thefollowing three problems concerning the securities legislation.展开更多
Biodiversity conservation depends on a sound legislation in both international and national levels.China has promulgated a series of laws and regulations concerning biodiversity conservation,especially for protection ...Biodiversity conservation depends on a sound legislation in both international and national levels.China has promulgated a series of laws and regulations concerning biodiversity conservation,especially for protection of wild animals and other natural resources.As the enforcement of the statutes,a great progress for in-situ and ex-situ biodiversity conservation has been achieved.But some gaps for the legislation are still existed.Based on the present status of conservation legislation in China and in accordance with the Convention on Biological Diversity,an attention for the legislation should be paid to conservation of genetic resources,wild plant species and various natural ecosystems.展开更多
The Advertising Law of the People’s Republic of China, adopted at the Tenth Session of the Standing Committee of the Eighth Chinese People’s Congress, came into force on February 1, 1995. This marks the formalizatio...The Advertising Law of the People’s Republic of China, adopted at the Tenth Session of the Standing Committee of the Eighth Chinese People’s Congress, came into force on February 1, 1995. This marks the formalization of advertising practices in China. Restored after the reform and opening, China’s advertising industry, as a leading industry to serve the展开更多
This paper introduces agricultural catastrophe and its characteristics,and conducts comparative analysis on existing mechanism of spreading agricultural catastrophe risk,indicating that the mechanism of administrative...This paper introduces agricultural catastrophe and its characteristics,and conducts comparative analysis on existing mechanism of spreading agricultural catastrophe risk,indicating that the mechanism of administrative remedy has the greatest efficiency and highest cost;the mechanism of social assistance has the lowest cost,but its efficiency is lowest and there are unstable factors;market mechanism,namely the insurance of agricultural catastrophe,is the rational choice of agricultural department in mechanism of risk spreading.This paper analyzes the status quo of China's insurance of agricultural catastrophe,indicating that the main body of management in China's insurance of agricultural catastrophe is missing.In addition,the market demand is critically scanty,and insurance of agricultural catastrophe lacks external development environment.The gap of China's insurance law of agricultural catastrophe has become the greatest obstacle to the development of insurance of agricultural catastrophe.From legislative purpose,basic principle,nature,main body of legal relations,management range,policy support,supervision and management and so on,the legislation conception of China's insurance of agricultural catastrophe is put forward.展开更多
A socialist legal system with distinct Chinese features has taken shape in 2010 as required by the general objective of the ＂rule of law＂ strategy and legislation work put forward by the Party＇s 15th national congr...A socialist legal system with distinct Chinese features has taken shape in 2010 as required by the general objective of the ＂rule of law＂ strategy and legislation work put forward by the Party＇s 15th national congress. Up to the present,China has already made 237 laws,including the Constitution,699 administrative decrees and regulations and more than 8,600 local laws and regulations.1 They cover seven legal regimes,three tiers of laws. Laws concerning human rights are an important component展开更多
During the War of Liberation,the liberated areas,under the leadership of the Communist Party of China,kept deepening and developing the concepts and ideas of protecting human rights,promulgated a series of human right...During the War of Liberation,the liberated areas,under the leadership of the Communist Party of China,kept deepening and developing the concepts and ideas of protecting human rights,promulgated a series of human rights laws and related administrative programs,and put them into practice.The contents included not only the political rights of citizens but also their economic,social,and cultural rights,with emphasis on the protection of the rights to subsistence and development.The human rights legislation in the liberated areas has a wartime and class-based nature due to its social environment.It reflects the transition of the Communist Party of China from a revolutionary party to a ruling party on the historical stage.It played an important role in directing,advancing,and promoting the progress of democracy and the rule of law at that time and accumulated experience for the human rights legislation after the founding of the People’s Republic of China.History proves that the Communist Party of China has always been a political party dedicated to fighting for the human rights of the Chinese people,and only the Communist Party of China can lead China’s human rights development to a deeper level.展开更多
Recently, when evaluating the achievements China has made during the his- torical periods before and after reform and opening-up, Chinese President Xi Jinping pointed out, ＂The socialist construction conducted by the...Recently, when evaluating the achievements China has made during the his- torical periods before and after reform and opening-up, Chinese President Xi Jinping pointed out, ＂The socialist construction conducted by the people under the leadership of our Party is divided into two historical periods--before and after reform and opening-up. The two periods are in- terconnected, but also different from each other. However, they both essen- tially reflect the practical explorations of socialist construction conducted by the people under the leadership of the Party. Socialism with Chinese characteristics began to take shape in the new era of reform and opening- up, but it is also grounded in New China＇s 20-plus years of experience in building and carrying out the basic system of socialism... Although the two historical periods have huge dif- ferences in the guidelines, policies,展开更多
The process of legislative protection for women’s rights and interests of the new China can be divided into two phases: The first phase is from the establishment of the People’s Republic of China to the adoption of ...The process of legislative protection for women’s rights and interests of the new China can be divided into two phases: The first phase is from the establishment of the People’s Republic of China to the adoption of the policy of reform and opening up to the outside展开更多
There are so many different opinions on whether the autonomy of will is applied in labor contract.In this paper,the author discusses the application and limitation of autonomy of will in labor contract,and puts forwar...There are so many different opinions on whether the autonomy of will is applied in labor contract.In this paper,the author discusses the application and limitation of autonomy of will in labor contract,and puts forward some suggestions on the application of Article 43 of Law of the Application of Law for Foreign-related Civil Relationships after the introduction of Chinese legislation of the applicable law of labor contract.Autonomy of will is a useful principle in resolving disputes arising from foreign-related labor contract in China.展开更多
This research examines the contentious issue of euthanasia and physician-assisted suicide in the context of China's unique conditions.Historically,the debate over euthanasia has been influenced by moral philosophy...This research examines the contentious issue of euthanasia and physician-assisted suicide in the context of China's unique conditions.Historically,the debate over euthanasia has been influenced by moral philosophy and ethics,and euthanasia is illegal in China at present.The research explores the difficulty in making euthanasia legalized across five key dimensions:financial,medical,social,legal,and psychological factors.We conclude that while there is a desire among some terminally ill patients for euthanasia,the current situation in China makes it unsuitable for legalization.The profound question of one's right to die remains a significant moral and judicial challenge,indicating the need for continued dialogue and nuanced understanding of this complex issue.展开更多
The shortage of water resources is severe in Beijing. The shortage of eco-environmental water and the sewage discharge over the environmental capacity are main bottlenecks that restrict the improvement of water enviro...The shortage of water resources is severe in Beijing. The shortage of eco-environmental water and the sewage discharge over the environmental capacity are main bottlenecks that restrict the improvement of water environment. The reuse of wastewater could not only reduce the discharge of pollutants,but it could also increase the consumption of eco-environmental water. Therefore the reuse of wastewater is an important approach to improve the water environmental quality. Combined with the formulation process of Regulations of Beijing on Prevention and Control of Water Pollution,the current situations of prevention and control of water pollution in Beijing,the discharge of pollutant,water environmental quality,the population and economic development and water resources and so on were analyzed. And the bottlenecks that restricted the improvement of water environmental quality were found. And the necessity of solving the control of water pollution by reusing the wastewater and ensuring the consumption of eco-environmental water was analyzed from the perspective of the control of water pollution. And some legislative countermeasures were put forward,which provided new ideas for solving the problem of the prevention and control of water pollution and improving the water environmental quality. It was of important reference values for local governments（ especially water-deficient regions） to make relative polices or plans of water pollution control and water environmental protection.展开更多
The inconsistency and disharmony in China’s environmental legal system are seriously undermining the authority and effectiveness of environmental laws, making it hard to achieve the national environmental legislative...The inconsistency and disharmony in China’s environmental legal system are seriously undermining the authority and effectiveness of environmental laws, making it hard to achieve the national environmental legislative goals. It is found in this study that at least 18 administrative regulations and rules conflict with the five recently-revised environmental laws. The legislative vacancy rate of province-level environmental laws reaches 27.8%, and that of city-level environmental laws in the major cities reaches 59.7%. Besides, 66% of the local including both province-level and city-level environmental laws have the problem of legislative lags, with an average lag of 2547.8 days. In addition, there are many legal conflicts between national environmental laws and local environmental laws. In order to help China to build a harmonious and unified environmental legal system, some suggestions are proposed in this study, including comprehensively examining the lower-level environmental laws, strengthening the leading role of local people’s congresses in environmental legislation, improving the construction of filing and review mechanism, and optimizing the mechanisms for information disclosure and public participation.展开更多
文摘In May 1993, the State Council promulgated ProvisionalRegulations Regarding the Issuing of Stocks and theAdministration of Stock Dealings. However, the Stock Act isstill in the process of drafting. This paper intends to discuss thefollowing three problems concerning the securities legislation.
文摘Biodiversity conservation depends on a sound legislation in both international and national levels.China has promulgated a series of laws and regulations concerning biodiversity conservation,especially for protection of wild animals and other natural resources.As the enforcement of the statutes,a great progress for in-situ and ex-situ biodiversity conservation has been achieved.But some gaps for the legislation are still existed.Based on the present status of conservation legislation in China and in accordance with the Convention on Biological Diversity,an attention for the legislation should be paid to conservation of genetic resources,wild plant species and various natural ecosystems.
文摘The Advertising Law of the People’s Republic of China, adopted at the Tenth Session of the Standing Committee of the Eighth Chinese People’s Congress, came into force on February 1, 1995. This marks the formalization of advertising practices in China. Restored after the reform and opening, China’s advertising industry, as a leading industry to serve the
文摘This paper introduces agricultural catastrophe and its characteristics,and conducts comparative analysis on existing mechanism of spreading agricultural catastrophe risk,indicating that the mechanism of administrative remedy has the greatest efficiency and highest cost;the mechanism of social assistance has the lowest cost,but its efficiency is lowest and there are unstable factors;market mechanism,namely the insurance of agricultural catastrophe,is the rational choice of agricultural department in mechanism of risk spreading.This paper analyzes the status quo of China's insurance of agricultural catastrophe,indicating that the main body of management in China's insurance of agricultural catastrophe is missing.In addition,the market demand is critically scanty,and insurance of agricultural catastrophe lacks external development environment.The gap of China's insurance law of agricultural catastrophe has become the greatest obstacle to the development of insurance of agricultural catastrophe.From legislative purpose,basic principle,nature,main body of legal relations,management range,policy support,supervision and management and so on,the legislation conception of China's insurance of agricultural catastrophe is put forward.
文摘A socialist legal system with distinct Chinese features has taken shape in 2010 as required by the general objective of the ＂rule of law＂ strategy and legislation work put forward by the Party＇s 15th national congress. Up to the present,China has already made 237 laws,including the Constitution,699 administrative decrees and regulations and more than 8,600 local laws and regulations.1 They cover seven legal regimes,three tiers of laws. Laws concerning human rights are an important component
基金a phased achievement of the key project of the National Social Science Fund of China,“Study on Developing‘Fengqiao Experience’in the New Era”(21AZD083)
文摘During the War of Liberation,the liberated areas,under the leadership of the Communist Party of China,kept deepening and developing the concepts and ideas of protecting human rights,promulgated a series of human rights laws and related administrative programs,and put them into practice.The contents included not only the political rights of citizens but also their economic,social,and cultural rights,with emphasis on the protection of the rights to subsistence and development.The human rights legislation in the liberated areas has a wartime and class-based nature due to its social environment.It reflects the transition of the Communist Party of China from a revolutionary party to a ruling party on the historical stage.It played an important role in directing,advancing,and promoting the progress of democracy and the rule of law at that time and accumulated experience for the human rights legislation after the founding of the People’s Republic of China.History proves that the Communist Party of China has always been a political party dedicated to fighting for the human rights of the Chinese people,and only the Communist Party of China can lead China’s human rights development to a deeper level.
文摘Recently, when evaluating the achievements China has made during the his- torical periods before and after reform and opening-up, Chinese President Xi Jinping pointed out, ＂The socialist construction conducted by the people under the leadership of our Party is divided into two historical periods--before and after reform and opening-up. The two periods are in- terconnected, but also different from each other. However, they both essen- tially reflect the practical explorations of socialist construction conducted by the people under the leadership of the Party. Socialism with Chinese characteristics began to take shape in the new era of reform and opening- up, but it is also grounded in New China＇s 20-plus years of experience in building and carrying out the basic system of socialism... Although the two historical periods have huge dif- ferences in the guidelines, policies,
文摘The process of legislative protection for women’s rights and interests of the new China can be divided into two phases: The first phase is from the establishment of the People’s Republic of China to the adoption of the policy of reform and opening up to the outside
文摘There are so many different opinions on whether the autonomy of will is applied in labor contract.In this paper,the author discusses the application and limitation of autonomy of will in labor contract,and puts forward some suggestions on the application of Article 43 of Law of the Application of Law for Foreign-related Civil Relationships after the introduction of Chinese legislation of the applicable law of labor contract.Autonomy of will is a useful principle in resolving disputes arising from foreign-related labor contract in China.
文摘This research examines the contentious issue of euthanasia and physician-assisted suicide in the context of China's unique conditions.Historically,the debate over euthanasia has been influenced by moral philosophy and ethics,and euthanasia is illegal in China at present.The research explores the difficulty in making euthanasia legalized across five key dimensions:financial,medical,social,legal,and psychological factors.We conclude that while there is a desire among some terminally ill patients for euthanasia,the current situation in China makes it unsuitable for legalization.The profound question of one's right to die remains a significant moral and judicial challenge,indicating the need for continued dialogue and nuanced understanding of this complex issue.
文摘The shortage of water resources is severe in Beijing. The shortage of eco-environmental water and the sewage discharge over the environmental capacity are main bottlenecks that restrict the improvement of water environment. The reuse of wastewater could not only reduce the discharge of pollutants,but it could also increase the consumption of eco-environmental water. Therefore the reuse of wastewater is an important approach to improve the water environmental quality. Combined with the formulation process of Regulations of Beijing on Prevention and Control of Water Pollution,the current situations of prevention and control of water pollution in Beijing,the discharge of pollutant,water environmental quality,the population and economic development and water resources and so on were analyzed. And the bottlenecks that restricted the improvement of water environmental quality were found. And the necessity of solving the control of water pollution by reusing the wastewater and ensuring the consumption of eco-environmental water was analyzed from the perspective of the control of water pollution. And some legislative countermeasures were put forward,which provided new ideas for solving the problem of the prevention and control of water pollution and improving the water environmental quality. It was of important reference values for local governments（ especially water-deficient regions） to make relative polices or plans of water pollution control and water environmental protection.
文摘The inconsistency and disharmony in China’s environmental legal system are seriously undermining the authority and effectiveness of environmental laws, making it hard to achieve the national environmental legislative goals. It is found in this study that at least 18 administrative regulations and rules conflict with the five recently-revised environmental laws. The legislative vacancy rate of province-level environmental laws reaches 27.8%, and that of city-level environmental laws in the major cities reaches 59.7%. Besides, 66% of the local including both province-level and city-level environmental laws have the problem of legislative lags, with an average lag of 2547.8 days. In addition, there are many legal conflicts between national environmental laws and local environmental laws. In order to help China to build a harmonious and unified environmental legal system, some suggestions are proposed in this study, including comprehensively examining the lower-level environmental laws, strengthening the leading role of local people’s congresses in environmental legislation, improving the construction of filing and review mechanism, and optimizing the mechanisms for information disclosure and public participation.
