On the Criminal Protection of the Right to Education of Chinese Citizens——With a Review on Article 32 of the Amendment to the Criminal Law(Ⅺ)

The Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China responds to the institutional needs of civic education,and supplements the clause of the Criminal Law on protection of citizens’right to education nuy means of Article 32.Imposing legal responsibility in the form of internal punishments,administrative punishments,and economic compensation have failed to prevent infringements on citizens’right to education.Its role as a"secondary protection law"is the conceptual obstacle that hinders the Criminal Law from effectively intervening in the field of citizens’right to education.The equivalence between the legal interests of people to the right to education and the rights protected by the existing charges in the Criminal Law is the legitimate basis for it to intervene in disputes over the right to education.Based on Article 32 of the Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China,it is suggested to further clarify the prepositional law,improve the liability provisions for the right to education,change the modest and restrained view of the Criminal Law regarding protection of the right to education,and expand the behavior types of Article 32 provided in the Amendment(Ⅺ)in due time.

On the Criminal Law Protection of the Marine Ecological Environment

With the continuous and rapid development of the country’s economy and society,it has greatly promoted the leap of the marine economy and brought more severe challenges and tests to the protection of marine ecological environment.How to effectively measure the criminal law protection of the marine ecological environment and take effective measures Measures to deepen the effects of marine ecological environmental protection have become one of the focus topics of widespread concern in the industry.Based on this,this article first introduces the protection of marine ecological interests in China’s criminal law,analyzes the necessity of adjusting the ecological environment in criminal law,and discusses the deficiencies in China’s marine legal system and combines relevant practical experience to improve the marine environment.Various angles and aspects,such as laws and regulations related to resource crimes,put forward the basic approach to strengthen the criminal law protection of the marine ecological environment,and hope to help the practice of related work.

Commentary on the Newly Implemented Amendment Ⅷ to the Criminal Law Concerning Children’s Rights in China

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,

Rule by Criminal Law is a Seismograph for the Protection of Human Rights

Criminal law involves crucial rights of the public,including property rights,political rights,freedom,and even life.As a result,on the one hand,any change to the rule by criminal law may have a significant impact on people’s lives;on the other hand,any change to the rule by criminal law is a highly sensitive issue.In view of these points,the rule by criminal law is often referred to as the seismograph for the protection of human rights,indicating the utmost importance of rule by criminal law

Value Judgments in Criminal Law Interpretation

Criminal law interpretation in China faces two primary challenges in terms of value judgments. Normative interpretations often fall into circular and inadequate reasoning, while judges, the key figures in applying interpretive principles, frequently lack the necessary value judgment engagement and proficiency. Traditional criminal law interpretation is ensnared in a subjective-objective dichotomy, resulting in a misalignment with the aim of "legitimate and rational" interpretation practices in China. To rectify this, a philosophical shift is required to allow intersubjective value judgments while maintaining subjectivityobjectivity as the prerequisite. Criminal law interpretation ensures the completeness of value judgments through a combination of specialized knowledge and public discourse.This involves the creation of systematic criteria for value judgments and adherence to legal principles. The former necessitates defining the internal and external standards of value judgments, formulating rules for the resolution of conflicting standards, and underlining the practical importance of criminalization under law, or "no crime or punishment without law"(the principle that only the law can define a crime and prescribe a penalty) and "Where no law applies, it is permissible to redefine a crime as non-criminal or minor"(decriminalization).The latter involves three perspectives: logical reasoning and theoretical arguments;positive and negative judgments;and formal and substantive rationality. Moreover, it should be approached from four dimensions: normative orientation, individual case promotion, reverse exclusion, and constitutional guidance.

Criminal Law of the People's Republic of China (extracts)

This issue u’e uould like to inlroduce our readers to the Criminal Lau’ of the People’s Republic of China. The law was adopted at the Second Session of the Fifth National People’s Congress on July 1, 1979, promulgated by Order No.5 of the Chairman of the Standing Committee of the National People’s Congress on July’ 6, 1979 and effectire as of January 1, 1980.The Criminal Lau’ consists of tu’o parts. The first has 5 chapters and 89 articles and the second has 8 chapters and 192 articles. We hare only extracted a feu’ articles concerning u’omen and children and some general prorisions.

From Power to Rights: Interpreting Inscribing “To Respect and Protect Human Rights” in the Amended Criminal Procedure Law

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.

Fiduciary Duties in Company Law:A German Perspective

As Chinese practitioners and scholars ponder the scope of fiduciary obligations under the country’s company law,this paper offers a comparative perspective from German law.Although German corporate law has not rejected legal transplants,the common law trust has never been accepted as an organizational device for administering third-party funds or doing business.Nonetheless,the German judiciary has developed a sophisticated concept of fiduciary obligations where the statutes remain silent.This paper explores the application of fiduciary obligations to limited partnerships,limited liability companies,and stock corporations.It takes a membership perspective to ascertain the legal relationships between a corporation and its shareholder-members and among fellow-shareholders,as business entities evolve from personalistic to capitalistic settings.Fiduciary obligations also inform the relationship between the corporation and its directors and corporate officers.Although German law does not classify directors and corporate officers as the shareholders’direct trustees,shareholders stand nonetheless to benefit from the way directors and corporate offices discharge their duties towards the respective corporate entities.Moreover,criminal law rules on embezzlement operate to protect the corporation and the monies it administers from overly risky business projects.

Specific Issues of Criminal Protection in the Field of Genetics:International and Spanish Experience

Background:Methods for combining cloning techniques with genetic engineering techniques(gene manipulation)are currently being developed in order to enhance predetermined biological or mental characteristics.Admissibility of conducting research on human embryos is justified by the fact that it will help to improve the human species and free it from serious diseases.However,two competing rights stand in the way of legality of this practice.On the one hand,the right of a human embryo to development and life.On the other hand,the right of mankind to use all scientific means to fight more effectively against diseases and to receive organs and tissues for transplantation to improve the quality of life.Some researchers believe that human life,if regarded as a moral value,cannot be absolute.Aims and Objectives:This paper examines the relevant legislation on both international and national levels and the Spanish doctrine in terms of defining acts against genetics and evaluating effectiveness to criminalize them in order to ensure the balance between medical ethics and community best interests.Materials and Methods:This study is a description paper on gene-manipulation regulation in Spain,the EU and worldwide.It is based primarily on genetic,systematic-functional and systematization methods with regard to special legal ones.Results and Conclusion:There is a wide of international,supranational and national acts that governs gene manipulation and secures society from illegal actions.Still,there are vague issues to revise either by enacting amendments or referencing to doctrine.The perfect way to ensure community interests is to elaborate both.

How Flexible Should the Law Be Against Criminal Corporate Executives?

Against the backdrop of a widely spread-ing global economic crisis, coupled with the slowdown facing China’s own economy, cases of fraud and corruption are becoming a

A CRITIQUE OF THE CRIME OF DELIBERATELY RENDERING AN ARBITRAL AWARD IN VIOLATION OF LAW

The crime of deliberately rendering an arbitral award in violation of law was provided at the end of Article 20 of the Amendment VI to the Criminal Law of the People＇s Republic of China. Such a crime is likely to be misunderstood because views are sharply divided on its implication and scope of application. In addition, pertinent provisions are not manipulable. The wording of violation of law should not be included in articles of the law, as legalese. The charge is the product of redundant legislation, whose provisions are bound to be considered as pieces of blank paper. The creation of the crime disrespects arbitration, and removes the peculiarities of it. The charge of the crime undermines the profession of international arbitration. Therefore, the crime should be repealed. Where cases were arbitrated wrongly, and social harms were caused, criminal law and other laws would serve as remedies.