Construction of Legal System of China's Farmland Protection under the Coexistence of Multiple Objectives:Historical Logic,Practical Problems and Optimization Paths

[Objectives]To explore the evolution of the legal system of farmland protection and explore the rules and characteristics of policy development based on the theory and logic of institutional change since China's reform and opening up,reveal the problems and deep-seated reasons of its legislation,clarify the direction of farmland protection in the new period,and solve the"non-agricultural""non-grain"and ecological problems of farmland.[Methods]Literature analysis and inductive deduction methods were used.[Results]The evolution of the farmland protection legal system has gone through the process of"national consciousness-policy guidelines-institutional system",the change from"single subject to multiple subjects";change from the use of"one-way administrative means to coordinated use of administrative,economic and technical means".The practical problems of the farmland protection legal system are mainly due to the insufficient systematization of the farmland protection legal system itself,the generalization of quantity protection,the transformation of quality protection,and the absence of ecological protection.[Conclusions]It is recommended to improve the existing farmland protection legal system from the establishment of the Farmland Protection Law,the improvement of the farmland protection public participation mechanism and supervision mechanism,the establishment of the farmland quality construction and improvement system,the differentiated farmland occupation and supplementation balance system,and the ecological restoration system.

On the “Law and Literature” Campaign in the Chinese Context and Its Significance for the Construction of China's Legal System

"Law and literature " comes from an American radical law school of the1970 s,and it was then considered a campaign,thus the school became one of the most post-modernistic schools of thought. Due to its western theoretic background,it is necessary to interpret its context; in other words,the "Law and literature"problems shall be interpreted in the Chinese context,which can also provide much inspiration and reference for the construction of China's legal system.

On the Whole-Process People’s Democracy and the Construction of Citizens’ Cultural Quality

The Whole-Process People’s Democracy has become an important proposition of the socialist modernization democratic theory with Chinese characteristics,and has important value for the development of the new form of human civilization.The Whole-Process People’s Democracy is not only a“democracy”system,its focus is to achieve“people’s democracy”,its unique feature is to surpass“non process”democracy with the“Whole-Process”,and create a new governance path of a new form of human civilization.Of course,the emphasis of people’s democracy on the consciousness of people’s subjective participation in the whole process also puts forward corresponding requirements for the cultural quality construction of Chinese social citizens in the new era,so it is also of great significance to pay attention to the cultivation of citizens’public spirit.

Forty Years' Construction of Rule of Law and the Legalization of Human Rights Protection in China

A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand, individual rights must be protected by law On the other hand, a law-based society needs to be built so the boundaries of individual rights are clear, the exercising of those rights are regulated, conflicts between rights can be resolved through the courts, and the personal infringement of others’ rights and the overall interests of the society is prohibited by law During the 40 years of China’s ref orm and opening-up in China, the promotion of the legal protection of human rights mainly lies in three aspects: first, the important role of the rule of law plays in protecting human rights has been clarified; second, the four steps of the rule of law(scientific legislation, strict law enforcement, judicial justice and observance of the law by all Chinese citizens) have been strengthened to safeguard human rights fully and effectively; third, the Chinese human rights system under the rule of law has gradually been aligned with international norms.

Unenumerated Rights Clauses and the System of Restriction on Fundamental Rights——Another Construction Plan for Article 51 of the Constitution of PRC

According to constitutional jurisprudence in China,Article 51 of the Constitution is an unenumerated restrictive clause.Such theoretical construction fails to justify the differentiated restrictions established in the Constitution and makes it difficult to explain the constitutional status of human dignity. Article 51 implies the possibility of other theoretical constructions. It is not an unenumerated restriction clause but an unenumerated rights clause. It aims to provide guarantees for general freedom of action not enumerated in the Constitution rather than restricting fundamental rights. The actual benefit of this kind of theoretical construction lies in that it can establish the basis of the constitutional text for general freedom of action and promote the people’s correct understanding of the model of restriction on fundamental rights established by the Constitution of PRC.

China's Construction of Democratic Politics and Its Implications——Speech at the Fourth Bali Democracy Forum

Your Excellency President Susilo Bambang Yudhoyono, Dear Chairman, ladies and gentlemen, I am very glad to have this op- portunity to attend the fourth Bali Democracy Forum. Today, state leaders and experts from different countries gather together at Bali, the beautiful ＂Flower Island,＂ to share experience and exchange views of developing democracy, and explore ways to promote the democratic de- velopment of our own countries.

An Analysis of the Legal System for the Protection of Marine Resources in China

In order to realize the orderly development and rational use of marine resources,construct a new marine economic development model,effectively adjust the relationship between marine resource protection and social production,and promote the legalization and institutionalization of marine resource protection.Based on the reality,this article attempts to explore the ways and means of improving and constructing the legal system for the protection of marine resources from multiple dimensions.It aims to form a complete marine resource development system from the legal level and provide legal guarantee for the development of marine economy.

Methods and Paths for Rural Collectively Owned Profit-oriented Construction Land Entering into Trading Market

On the basis of analyzing cases of existing rural collectively owned profit-oriented construction land entering into trading market,this paper put forward several thoughts,introduced methods and paths for rural collectively owned profit-oriented construction land entering into trading market,including reforming rural collective land property right system,cultivating new rural collective economy organizations,helping them to become market entities; improving various legal systems,making clear range of construction land entering into trading market; formulating scientific benefit allocation mechanism; establishing fair and transparent decision making mechanism.

Some Thoughts on Lawyers and Legal Construction

To construct the rule of law, we can not only rely on the legal system itself, but also should we take good use of the legal person＇s active participation in the building process, which would be the driving force. Only the static legal system itself can not rule out the presence of ruling of man and something like unjust privilege. However, legal person＇s dynamic involving in the construction of rule of law, by means of legal person＇s constraints to the person of rule of man, can effectively protect citizens＇ legitimate rights and interests, by what we can achieve the maximum degree of eliminating social injustice as well. There is no doubt that the lawyer is just the strong force that above-mentioned who promotes the process of legal construction to develop better and longer.

Some Thoughts on Lawyers and Legal Construction

To construct the rule of law, we can not only rely on the legal system itself but also should we take good use of the legal person＇ s active participation in the building process, which would be the driving force. Only the static legal system itself can not nile out the presence of ruling of man and something like unjust privilege. However, legal person＇s dynamic involving in the conslluction of rule of law, by means of legal person＇s constraints to the person of rule of man, can effectively protect citizens＇ legitimate rights and interests, by what we can achieve the maximum degree of eliminating social injustice as well. There is no doubt that the lawyer is just the Sllong force that above-mentioned who promotes the process of legal construction to develop better and longer.

LEGAL SYSTEM CONSTRUCTION

To set up a completelaw system for China’s foreigntrade and economiccooperation is an urgent taskin our legislation work.Usinglegal measures to preventforeign products from invadingChina’s national industry;Rectifying the foreign tradeorder;Further improving theenvironment for foreigninvestment. Officials from the Treatyand Law Department of theMinistry of Foreign Trade andEconomic Cooperation(MOFTEC)talk about the LegalSystem Construction of ForeignTrade and EconomicCooperation.

On the Construction of Legal English Discipline

As China is becoming more open, the important role of law becomes continually prominent in national economic con?struction and foreign exchange. It has been an urgent task for the colleges to cultivate a batch of international and inter-disciplin?ary talents proficient in both law and English. A case study in Guangxi Political Science and Law Institute is chosen.

Legal System Construction for Energy Industry in China

In a very real sense,China did not have a legal system of energy until 1978 when the policy of reform and opening-up was carried out.Over the 30 years since then,China has achieved great accomplishments in energy development,which have attracted worldwide attention,

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.

Development in theoretical study and practice of library legislation in China

One of the most outstanding characteristics of library legislation in China is that theoretical research and legislative practice are mutually reinforcing, making important issues and basic rules and regulations closely associated with legislation and the research focus. A national library law is currently being enacted while several local library legislations have already seen fruitful results. In the enactment of 'Regulations for the Protection of Information Network Dissemination Rights', the library professional participated for the first time in enacting a national copyright law, which led to unprecedented flourishing of library activities and copyright studies. The promulgation of another legal framework,'Government Information Disclosure Regulations' further advanced the research on related issues and pushed forward government information services in public libraries in the same way. A new landmark for library legislation in recent years is the promulgation of'Guidelines for Land Utilization for Public Library Construction' and 'Public Library Construction Standards', while the framing of 'Rules of Professional Ethics for Librarians in China(On trial)' and the 'Library Service Manifesto' give indication that a framework of self-disciplinary measures of library professionals is established.

The Role of Consultative Democracy in a Constitutional System and the Rule of Law in China

The rule of law in China should be advanced under a systems framework. The systems framework on which the Chinese rule of law relies is shaped by the socialist democratic system. Socialist consultative democracy, which responds to the core themes of the determinant of socialism, Party leadership, the democratic tradition of New China and native resources for constructing the rule of law, is an important resource for constructing the rule of law in China. In a constitutional system of＂ruling Party--political power--the people＂ that takes the sovereignty of the people as the logic of its starting point, consultative democracy plays the role of functional coupling. Popular sovereignty gains political legitimacy on the basis of multi- party cooperation and political consultation under the leadership of the CPC, thus translating the will of the ruling Party into the will of the state. Consultative democracy constitutes an essential process in national decision-making, affording a basis for the construction of the inherent logical sequence of ＂ruling Party--Consultative Conference--People＇s Congress.＂ The democratic supervision exercised by the Consultative Conference is an extension of political consultation; from it unfolds the systems framework of the rule of law in China.

MODES OF JUDICIAL DEMOCRACY AND THE PERSPECTIVE OF CHINA'S ASSESSOR SYSTEM

The practice of lay participation in trial court exists in most countries in the world.However,there are also some significant differences in its formation of background,functional value and development trend in different countries,thus different operation modes were formed.After studying the different typical modes,we can find that they all based on the Principle of People's Sovereignty and the spirit of judicial democracy.For China,the lay participation in trial court system is exotic.New China's People's Assessor System originated in the judicial practice during the period of the New Democratic Revolution,but it has not been institutionalized and standardized in nationwide until the 1980 s.However,the implementation effect of China's People's Assessor System in judicial practice is not very satisfactory,not only that,it has aroused intense debate on the abolition or completion of the system.From the perspective of the People's Assessor System,we must reform it on the basis of China's practical needs.A series of measures should be taken in the reform,including enlarging the number of assessors in the collegiate panel,reasonably narrowing the scope of the use of assessors,establishing or perfecting support mechanism and other relevant measures.All of these reform measures should be served for the ultimate goal of China's current judicial reform,including developing the people's democracy,safeguarding the people's rights,safeguarding the impartial justice and enhancing the judicial credibility.

区块链电子取证技术的公安应用及法律规制研究

区块链技术作为一种去中心化的分布式账本技术,具有防止证据篡改,实现证据可追溯性的特点,有力契合了公安机关取证工作的需要。本文通过对公安机关应用区块链电子技术的实践价值和理论风险的分析,论证了区块链取证和区块链存证所面临的实践问题。以实际案例探讨区块链电子取证技术的可行路径,构想了公安机关区块链电子取证平台方案,并结合平台建设和运营中的关键技术和难点问题,提出具体的应用场景方案和推广建议。针对上链前、上链中、上链后的取证核心程序,归纳以“技术自证”为核心的电子数据证据鉴真规则,补齐“技治主义”治理规则,制定电子数据的非法证据排除规则,构建去中心化的“司法+联盟链”办案系统。

数字政府建设政企合作法律风险的规制模式

数字政府建设政企合作的目标是公私协力实现公共给付,以数字化赋能中国式现代化。相较于传统公共服务领域,数字政府建设政企合作存在数字技术侵权、政府权力迁移、行政优益权履行不能和责任虚化等法律风险,容易产生合作中断、非正常终止等问题,致使合作结果与目标存在差距。政府规制、自我规制和元规制等现有风险规制模式各有优劣,但在面对数字政府建设的特定适用场景时均呈现出捉襟见肘之势,表现为风险防范不足,对互动关注不够,过于强调过程规制而缺乏结果有效性的考量。结果导向型合作规制模式强调结果与目标的一致性、协商与互动、合作绩效与公共问责,对数字政府建设政企合作法律风险的规制更为妥当,并可分为目标规制、过程规制和结果规制三个层面。结果导向型风险规制模式的法律构造为:建构将公共价值嵌入算法的合作机制,并通过风险评估和公民参与程序规避侵权风险;强化信用监管、优化契约机制分别规避政府权力迁移风险和行政优益权履行不能风险,并通过风险管理程序予以实现;明确政企责任分担,并通过公共问责程序规制责任虚化风险。