[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 r...[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.展开更多
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...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.展开更多
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. On...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.展开更多
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. On...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.展开更多
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;Rectifyi...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.展开更多
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 inte...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.展开更多
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...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.展开更多
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 deve...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,展开更多
"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 weste..."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.展开更多
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 collec...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.展开更多
基金Supported by National Natural Science Foundation of China(41771565).
文摘[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.
基金a phased achievement of Constitutional Interpretation in Line with Law and Its Practical Research,a General Project of Humanities and Social Sciences Research of the Ministry of Education for 2019 (Approval No. 19YJA820008)。
文摘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.
文摘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.
文摘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.
文摘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.
文摘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.
文摘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.
文摘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,
文摘"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.
文摘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.
