On Autonomy of Will and the Applicable Law of Labor Contract:From the Perspective of Chinese Legislation

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.

Route and Rethink of China＇s Directly Applicable Law

Directly Applicable Law is an important achievement theory of private international law in the late nineteen fifties, widely used by states. The people＇ s Republic of China foreign civil legal relationship applicable law established the frame of our country＇ s Directly Applicable Law in the legislative level. In practice, there exists some shortcomings in the use of the rules and theory of Directly Applicable Law. In this paper, the author defines the rules from the micro level to order picture from macro level as the starting point, discussed the perfect approach of Directly Applicable Law from the dimension of the interpretation, system, evolution route ,and rethought our current legislative situation.

Function S-rough sets and mining-discovery of rough law in systems

Function S-rough sets （function singular rough sets） is defined on a -function equivalence class [u]. Function S-rough sets is the extension form of S-rough sets. By using the function S-rough sets, this paper gives rough law generation model of a-function equivalence class, discussion on law mining and law discovery in systems, and application of law mining and law discovery in communication system. Function S-rough sets is a new theory and method in law mining research.

China＇s High-Speed Railway Industry and Applicability of the Anti-Monopoly Law

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.

An Empirical Analysis of the Impact of the Contract Book of the Civil Code on Labor Dispute Trial Practices:A Study of Four Hundred Judgments

Interpretation(I)of the Supreme People’s Court of Issues Concerning the Application of Law in the Trial of Labor Dispute Cases allows for the application of pertinent laws and regulations,including the Civil Code of the People’s Republic of China(hereinafter referred to as the“Civil Code”),in labor dispute cases.This has resolved the controversy over the relationship between civil law and labor law in academic and practical communities.In view of this development,we examined four hundred judicial documents,analyzing the focal points of disputes,the reasoning behind judgments,applicable laws,and judgment results.Our study identified seven impacts of the Contract Book of the Civil Code on labor dispute trial practices,exploring the underlying logic behind these changes and proposing policy suggestions to promote consistent judgments across jurisdictions,enhance judicial credibility,and encourage employers to govern enterprises in compliance with the law while empowering employees to safeguard their rights in accordance with relevant laws and regulations.

Comments on the Chinese Law of Conflict of Laws Applicable to Trusts： In Comparison with the U.S. Law and the Hague Convention

China has entered a new era represented by the newly established China （Shanghai） Pilot Free Trade Zone, in which further reform and development of its financial system and capital market are highly prioritized. The trust as an important vehicle in development of the financial market in China as well as in the world will play an important role, and there will be more foreign elements involved in Chinese trusts. The Law of the People＇s Republic of China on Application of Laws in Civil Relations with Foreign Elements provides rules, in its article 17, on the application of laws to trusts, which symbolizes the formal creation of rules of conflict of laws in China in this area. However, it seems to cause more problems than it may resolve. For example, it may not always be possible for the parties to determine the appli- cable law through consultation and agreement, and the parties＇ right to choice of law should not be without limitation either. By allowing judges to choose from ＂the law of the situs where the trust property is situated＂ and ＂the law of the situs where the trust relationship occurred＂ in the absence of an effective choice of law by the parties may lead to a situation contrary to existing laws and may create uncertainty for the parties as well. This paper analyzes this article 17 by comparing it with the conflict law rules adopted in the United States and by the Hague Convention, identifies problems, and seeks to find solutions in order to promote the healthy development of the trust system in China.

Judicial Application of International Human Rights Treaties in China

Since the Chinese Constitution does not stipulate the status of international treaties in the domestic legal system,the question of whether the domestic court can apply international human rights treaties keeps obscure all the time.China’s official statement and academic opinions generally believe that the domestic court couldn’t resort to the human rights treaties.In recent years,however,several cases have come out involving direct reference to human rights treaties by the court.The following factors contribute together to the direct reference:the inward-looking nature of international human rights treaties,specific requirements of human rights treaties,and the possible institutional room in Chinas’s current legal system.Take the view off ulfilling international human rights obligations,the practice of judicial application should be fully affirmed.Nevertheless,it should also be noted that relevant practice is still in its infancy,there are some problems such as inconsistent understanding and non-standard application.From the perspective of top-level design,it is necessary to provide a normative basis for the practice of the court,so as to make the international human rights treaties play their due role.

Creating an Extraterritorial Application System of Chinese Law: From the Perspective of Advancing the Rule of Law in Domestic and Foreign-Related Affairs in a Coordinated Manner

The rule of law in foreign-related affairs breaks down the distinction between domestic law and international law,as well as between the rule of law in domestic affairs and that in international affairs,providing a bridge for China to build lawbased governance and to reform the global governance system for the new era.The extraterritorial application of domestic law can lead to legal conflicts between nations and conflicts between domestic law and international law.The principle of extraterritorially applying domestic law should be based on not violating the prohibitive provisions of international law and resolving legal conflicts through the conclusion of international treaties or negotiations.In the systematic undertaking of taking a coordinated approach to the rule of law in Chinese domestic and foreignrelated affairs,thebuilding ofChina's system of extraterritorial application of domestic law should be accelerated under the unified leadership by the Communist Party of China,with legislative,executive,and judicial authorities performing their respective duties.This building should be based on multilateralism,taking into account the legitimate concerns of other countries,and with the bottom line of not violating the prohibitive provisions of international law,and should be promoted with a balanced approach considering both"offense"and"defense."

Analysis on application law of dampness-removing traditional Chinese medicines in treatment of coronavirus disease 2019

Objective:Coronavirus Disease 2019(COVID-19)has been diagnosed as an epidemic disease characterized by cold and dampness pathogens in TCM clinic.Due to many Chinese medicines with different functions were used in the treatment of COVID-19,it is very important to find the law of application of dampremoving traditional Chinese medicine with high frequency application,with view to providing a reference for the use and research of Chinese medicine to further control the pandemic.Methods:The publicly released diagnosis and treatment programs issued by the National Health Commission and Health Commission of provinces,autonomous regions and municipalities,and Chinese herbs prescription information in these were collected,a database was established,and Excel and Graphpad 8.0 software were used to analyze the frequency of use of various Chinese medicines,the frequency and property characters including five flavors(bitter,pungent,sweet,sour,and salty)and four natures(warm,hot,cool,and cold)and channel tropisms of Chinese medicine for removing dampness.Results:A total of 137 prescriptions of Chinese medicine for treating COVID-19 were collected,including178 TCMs showing functions of resolving phlegm,relieving cough and asthma,resolving dampness,clearing damp and inducing dieresis,clearing heat,tonifying deficiency,and relieving exterior syndrome,in which the TCMs with the first four functions that we called the dampness-removing TCMs,accounted for 35.78%.Also a number of TCMs in the rest functions showed removing-dampness.The first four functions were divided into subfunctions including aromatic resolving dampness,clearing heat and drying dampness,drying dampness and tonifying spleen qi,drying dampness and removing phlegm,inducing diuresis and relieving swelling,inducing diuresis and relieving exterior syndrome.Among them,the most frequently used TCMs was Ephedrae Herba,followed by Citri Reticulatae Pericarpium,Pogostemonis Herba,Pinelliae Rhizoma,Poria,Scutellariae Radix,and Atractylodis Rhizoma.The property character analysis in the dampness-removing TCMs showed that bitter and pungent were largely present and sour and astringent were absent,warm and hot were dominant;And the lung,spleen,stomach,large intestine,bladder were main channel tropisms.Conclusion:Dampness-removing TCMs are the first important type of traditional Chinese medicine to be considered in the treatment of COVID-19 in Chinese medicine.The application of dampness-removing TCMs in the treatment of COVID-19 needs to be combined with its application law.This study may provide meaningful and useful information on further research to investigate the effective compounds from the dampness-removing Chinese medicine with high frequency application,and also provide a reference for the clinical treatment of COVID-19 accurately against dampness evil with dampness-removing traditional Chinese medicines.