Impact of Mandatory Provisions on the Validity of Juristic Acts: A Path for Legal Policy Analysis

Contrary to the approach in judicial practice,Paragraph 1,Article 153,of the Civil Code of the People’s Republic of China,as a rule of invalidity for violating mandatory provisions,does not adopt a dichotomy towards mandatory provisions with effectiveness and administrative characteristics,yet it maintains the legislative philosophy of differentiation.It leaves unspecified whether mandatory provisions that do not explicitly render a juristic act invalid impact the act’s validity,entrusting this determination to the discretion of judges on a case-by-case basis.When judges,under the authority of Paragraph 1,Article 153 of the Civil Code,explore the normative intent of mandatory provisions to assess their effect on the validity of juristic acts,they should engage in legal policy analysis centered on consequence-based argumentation to overcome the limitations of norm typological analysis.This analysis employs a reasoning model predicated on the normative purpose,utilizing a consequencefocused interpretative approach for formulating and arguing propositions of rules applicable to pending cases,thereby arriving at case-specific conclusions.Since the invalidation of juristic acts serves as an auxiliary regulatory tool for the state economy and society,a consequence-oriented interpretation needs to be based on the idea of mutual instrumentalization of public and private laws.This entails predicting the outcomes of negating the validity of a juristic act in industrial regulatory scenarios and assessing these outcomes within the framework of public and private regulatory instruments.

Initial Analysis on the Legal Protection of Consumers＇ Rights and Interests in Network Transaction

With the development of network technology and information technology, electronic commerce as a new business model wiht itsnew trading ideas-＋, In changing the traditional business structure,but also gradually changing people’s shopping patterns and consumptionpatterns,Online shopping has become the preferred way of shopping.Changes in consumption patterns will inevitably lead to new problems inthe process of consumption,and the development speed of the problem in sync with the development speed of network economy,as far as therenewal speed of laws and regulations is concerned,this asymmetric development is bound to bring great inconvenience to the consumer rights innetwork transactions.In this paper, from the angle of legal protection,the protection of consumer rights and interests in network transactions areexpounded,analysis of the current situation and reasons of the consumers’ rights and interests are infringed upon in the network transaction,learnfrom the experience of foreign consumer rights and interests protection,In order to put forward effective suggestions on the system constructionof the protection of consumer rights and interests.

Regulation on the Protection of Fossils Issued by the State Council of the People's Republic of China:Scientists' Researches Protected Legally—Further Explanation

With large-scale engineering projects being carried out in China, a large number of fossil localities have been discovered and excavated by responsible agencies, but still some important fossils of great value have been removed and smuggled into foreign countries. In the last three years, more than 1345 fossil specimens have been intercepted by Customs in Shenzhen, Shanghai, Tianjin, Beijing and elsewhere, and more than 5000 fossils, most of which are listed as key fossils,

The Legally Permissible Traditional Customary Uses of Wildlife and Forests under Kenyan Law

Kenya like most of sub-Saharan Africa is reliant predominantly on agriculture and natural resources;which include land, water, minerals and fisheries, but the most dominant of which are wildlife and forestry. Unlike minerals which are by law vested in the government and can only be extracted by it and not the citizenry, wildlife and forestry are resources that the citizens may utilize in their day to day lives to meet their needs. Apart from their consumptive uses, there are also non-consumptive uses and values of wild animals and forests;such as their intrinsic ecological value as gene banks, as well as their scenic value for viewing. These are essentially conventional values and uses. They are largely formal and universal ones that are universally obtaining across the world irrespective of the levels of civilization or cultural identity, and are even compatible with modernity. Apart from these, there are some wildlife and forestry uses which are unique to the typical African way of life as part of old traditional customs that have existed from earlier times. These are what are in this paper referred to as “traditional customary uses”. These uses are largely informal, rudimentary and archaic. They are nevertheless critical in the endemic African way of life and represent the inextricable rudimentary technologically bereft relationship between the African people and their natural resources. Under the country’s existing laws, some of these uses are prohibited and criminal sanctions prescribed to enforce their proscription, hence cannot be enjoyed or practiced. There are however others that the law has either expressly allowed, or not prohibited, hence may be lawfully enjoyed or practiced. These are what this paper has referred to as the legally permissible traditional customary uses;and are the ones that are its subject. As for wildlife, in the year 1977, the Kenya Government by a Legal Notice in the Kenya Gazette imposed a ban on all forms of hunting of wildlife. The ban is still in force. This therefore means that hunting is illegal, as legal prohibition has in effect prohibited all and any form of off-take or killing of wildlife. By implication therefore, under Kenyan law, only non-consumptive uses of wildlife may be enjoyed, and not the consumptive ones. These include viewing as well as socio-cultural and spiritual uses. In Kenya therefore, the only permissible traditional customary use of wildlife is its non-consumptive use for socio-cultural and spiritual purposes;subject of course to the existing legal prohibition on witchcraft under the Witchcraft Act (Cap 67 Laws of Kenya). This piece of legislation has prohibited the practice and promotion of witchcraft. This in effect means that the socio-cultural and spiritual uses of wildlife though legally permissible, will be enjoyed, provided it is not for witchcraft purposes. With regard to forests, this author has identified the following five as their legally permissible traditional customary uses under Kenyan law: Socio-cultural and spiritual (consumptive and non-consumptive) use, other than for witchcraft;use in herbal folk medicine, other than for witchcraft;use for human food and livestock fodder;use for firewood;and use as raw material in construction and traditional craft. Notably, in Kenya, traditional customary use is subject to the existing legal prohibition on witchcraft. Further, while it is the legally permissible use category that is the focus of this paper, the author nevertheless discusses the prohibited traditional customary uses as well. This paper is based on literature survey as well as data obtained from the author’s previous research whose primary data and findings have been published in recent times. It also draws from the documented research and diverse documented views of other commentators on the subject.

Research Progress of Modern Children's Outdoor Play Areas and Relevant Legal Framework

By briefing history and current situation of researches,designs and construction of children’s outdoor play areas in the United States and Japan,and legislative framework of children’s welfare in the United Nations and developed countries,the relationship between sound relationship and Children’s outdoor play areas was elaborated.Suggestions were given for the development of childrens’outdoor spaces in China.

China's Real-Estate Legal System——Interview with Construction Minister Hou Jie about the Real-Estate Administration Law

The City Real-Estate Administration Law of the People’s Republic of China (hereinafter referred to as Real-Estate Administration Law) was adopted at the Eighth Session of the Standing Committee of the Eighth National People’s Congress, and will come into force on January 1, 1995. For the public, especially overseas investors, to understand the law, the reporter had an interview with Mr. Hou Jie, Minister of Construction. Q: Real estate has been an

Karma Chameleon: Performative Acts, Gender Constitution, and the Second British Invasion

The aim is to examine the performative acts and gender constitution in the context of the Second British Invasion.Despite the pervasive character of patriarchy and the prevalence of sexual difference as an operative culturaldistinction, gender was not passively scripted on the bodies of many British singers. The subversive performancesdid not exclude suffering and marginalization but simultaneously undermined compulsory coherence.

A Study on Legal System of Heritage Trust

Heritage trust system can well make up the deficiencies in testamentary succession,gift by will and other systems.However,many existing problems have seriously hindered the development of China's heritage trust system.This paper describes the concept and analyzes the nature of heritage trust system and makes some thoughts on improving China's heritage trust system based on its current situation and deficiencies.

China's Legal Assistance System:Important Judicial Guarantee For Human Rights

On July 21. 2003. Chinese Premier Wen Jiabao signed the State Council Order No. 385, making public the Regulations of the People’s Republic of China on Legal Assistance. The Regulations has 31 articles in six chapters. The document came into effect on September 1, 2003. This is the first national law on legal assistance in China. The purpose of enacting the law is to ensure that citizens in financial difficulty could get necessary law service and the

Reflection and Optimization of Primary English Teachers' Speech Acts Based on Speech Act Theory

The primary English teacher's speech acts have major impact on foreign language teaching and learning in primaryschool.Application of teacher,s speech acts in the classroom is actually a kind of selective process.From the perspective of SpeechAct Theory,primary English teachers can optimize their speech acts with the strategies of activating the greetings with proper con-text information,standardizing teacher talk,choosing suitable questions,providing appropriate feedback for pupils’classroom per-formances in order to improve the effectiveness of primary teachers,classroom speech acts.

Huu S. TIEU Request for FDA to Establish Regenerating Human Cells as Law on December 13, 2016 President Barack H. Obama Signed the 21st Century CURES Act into FDA Regulation and Law

Background and Aims: On November 24, 2009, Huu S. TIEU and Golden Sunrise Pharmaceutical, Inc. (Golden Sunrise) applied for the Technology and Innovation to be reviewed and evaluated by the U.S. Food and Drug Administration (FDA). In the review and evaluation, it was requested by Golden Sunrise designated the new indications for this application under Serious or Life-threatening conditions or diseases. Discussions followed with the FDA, Huu S. TIEU, and Golden Sunrise for FDA approval on new products and new indications on existing new Medical Technology and Innovation. It was agreed in Year-2015 that the FDA would take the request for new indications to the United States Congress to establish into FDA regulation and law. At that time the following was the FDA Guidance—“Emergency Use of a Test Article” is exempt from prior Institutional Review Board or Advisory Committee evaluation and approval, provided that such emergency use is reported to the Institutional Review Board within five working days after use. Expedited Institutional Review Board or Advisory Committee approval is not permitted in emergency use. There has been no funding to the authors for the writing or publication of this article. Methods: It was requested by Huu S. TIEU and Golden Sunrise in documents given to the FDA to have Serious or Life-threatening conditions or diseases indication be recognized by law. On August 08, 2015, the FDA responding to this request took the documentation produced by Golden Sunrise to the United States Congress on behalf of Golden Sunrise and Huu S. TIEU. This article encompasses the FDA regulatory method as well as the discussion and results of the establishment of the FDA and the 21st Century Cures Act. Results: On December 13, 2016, H.R.34—114th United States Congress (2015-2016) 21st Century CURES Act was signed into law by President Barack H. Obama which included the Serious or Life-threatening indication to be written into the CURES Act. In summary, the 21st Century Cures Act is a landmark piece of legislation that enjoyed broad bipartisan support in United States Congress. The main goals of the Act are impactful and should transform future cancer, neurologic, and precision medicine or drug research as well as aid individuals with mental health is intended to facilitate the prompt approval of new agents and devices, clinicians should be aware of the types of data behind an approval and take this into consideration when developing illnesses and opioid dependence. However, some of the wording within the CURES Act regarding the drug and device approval process may bring pause to health care providers including pharmacists. Although this wording and implementing care plans and counseling patients. The 21st Century Cures Act was incorporated into laws and regulations by the FDA under § 3072 of the Act grants the Commissioner of Food and Drugs the authority to appoint and set the annual rate of pay for outstanding and qualified candidates to scientific, technical, or professional positions that support the development, review, and regulation of medical products.

Dalai's Act lgnores Religious Rituals

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The Dalai's Pervasive Act Condemned

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Lawyers' Role Greater in China's Legal System——A review of legal services in China over the past two decades

Lawyers play no small a role in improving China’s legal system, which comes along with the country’s endeavor to build a market-oriented economy and open to the outside world. Legal services provided by lawyers have virtually become available to all sectors of society since the country adopted the policy of reform and opening up in the late 1970s.

Protection of Human Rights Under China's Legal System——An interview with Prof. Wan Exiang

Wan Exiang, professor of the Law School of Wuhan University, doubles as justice and vice-president of China's Supreme People's Court. He is also vice-chairman of the Revolutionary Committee of the Chinese Kuomintang, one of the democratic parties in China, and member of the Tenth National Committee of the Chinese People's Political Consultative Conference, China's highest consulting body. Prof. Wan is reputed in China and abroad for his achievements in study of international human rights laws and also as the founder of the Wuhan University Center for Protection of the Rights of the Underprivileged in Society, the first of its kind ever set up in the country. Since its founding a decade ago, the center has won a fame for the quality legal services it renders to needy people in their tens of thousands, including disabled people, juveniles, women and workers laid off from state-owned enterprises in the course of China's economic restructuring. While a press favorite at home, the center has received coverage by the NHK TV of Japan, Washington Post of the United States, Phoenix TV of Hong Kong and numerous other media outside the Chinese mainland. Following is an interview with Prof. Wan Exiang, in which he discussed how human rights are protected under China's legal system and in what ways the system should be improved.

Should There Be Legal Restrictions on Children’s Names?

A recent spate of controversial names have steered public debate toward people＇s rights when naming their children.In late 2017,the story of a newborn girl in Xi＇an named＂Wang Zherongyao,＂or King of Glorly,after a popular online game,went viral.

For a Legal Guarantee to Improve People’s Livelihood and Protect Human Rights——Thoughts on policy concerning Social Insurance Law (draft)

The People＇s Republic of China Social Insurance Law （draft） has undergone three readings at the Standing Committee of the National People＇s Congress. The Law, once promulgated, will be of great significance to implementation of the constitutional principle of ＂respecting and protecting human rights.＂ It will help regulate the various social insurance relationships and the rights and obligations of the parties involved.

关于S-系的局部化

设S是幺半群,借助环与模范畴中的方法,讨论了半群S-系局部化的若干性质得到了S-系局部化的泛性质,并证明了T-1S的素理想和S中与T不相交的理想有一个保序的双射T-1P■P.