[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 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
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
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 close...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.展开更多
The legislative body in China is mak-ing headway to bring city planning,urbanconstruction and administration underthe supervision of the law.Soon after CityPlanning Act,the first of its kind in thefield of constructio...The legislative body in China is mak-ing headway to bring city planning,urbanconstruction and administration underthe supervision of the law.Soon after CityPlanning Act,the first of its kind in thefield of construction was put into effect inApril 1990, provinces, autonomous re-gions and municipalities directly underthe Central Government throughout thecountry drafted corresponding local lawsand regulations. In the same year,TheProvisional Regulations for the Sale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 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.
文摘The legislative body in China is mak-ing headway to bring city planning,urbanconstruction and administration underthe supervision of the law.Soon after CityPlanning Act,the first of its kind in thefield of construction was put into effect inApril 1990, provinces, autonomous re-gions and municipalities directly underthe Central Government throughout thecountry drafted corresponding local lawsand regulations. In the same year,TheProvisional Regulations for the Sale
