The participation of women in legislation is an important aspect and means of safeguarding women’s rights.Feminist theory,based on criticism of both the“citizenship identity theory as rights”and the“citizenship id...The participation of women in legislation is an important aspect and means of safeguarding women’s rights.Feminist theory,based on criticism of both the“citizenship identity theory as rights”and the“citizenship identity theory as responsibilities,”proposes the“citizenship identity theory as subjectivity.”Observing the current practice of women’s participation in legislation in China,two institutional safeguard principles can be summarized:the“minimum proportion”and the“influence evaluation.”However,each of these principles has its inherent limitations.Therefore,it is necessary to supplement them with the principle of“subjective participation”in a reflective manner.This principle requires women to participate substantively in the legislative process as subjects,express women’s needs and demands,input women’s perspectives and experiences,and reconstruct the distribution of rights and responsibilities in the existing legislation.The three principles complement each other and work together to comprehensively constitute the institutional structure of women’s participation in legislation,thereby promoting the reproduction of corresponding action structures.展开更多
Background:In today’s society the ongoing discussion about euthanasia triggers emotionally charged debates surrounding the delicate balance between valuing life and respecting an individual’s autonomy.With the persi...Background:In today’s society the ongoing discussion about euthanasia triggers emotionally charged debates surrounding the delicate balance between valuing life and respecting an individual’s autonomy.With the persistence of this debate,there has been the emergence of the concept of the so-called alternative:palliative care.Positioned as a substitute for euthanasia,palliative care aims to alleviate suffering in terminally ill patients without engaging in the ethical dilemmas associated with euthanasia.Methods:This paper explores the facets of palliative care highlighting its core objectives such as providing adequate pain relief as a compassionate alternative to euthanasia.Results:By examining palliative care as a comprehensive approach to end of life support,this study challenges the perceived necessity of euthanasia and advocates,for compassionate and dignified end of life experiences.Conclusion:In conclusion,palliative care emerges as a viable and ethically sound alternative to euthanasia,emphasizing the importance of compassionate end-of-life care and pain management.展开更多
Objective This study assesses the impact of smoke-free legislation on the incidence rate for acute myocardial infarction(AMI)and stroke in Shenzhen.Methods Data on ischemic(n=72,945)and hemorrhagic(n=18,659)stroke and...Objective This study assesses the impact of smoke-free legislation on the incidence rate for acute myocardial infarction(AMI)and stroke in Shenzhen.Methods Data on ischemic(n=72,945)and hemorrhagic(n=18,659)stroke and AMI(n=17,431)incidence covering about 12 million people in Shenzhen from 2012 to 2016 were used.Immediate and gradual changes in incidence rates were analyzed using segmented Poisson regression.Results Following the smoke-free legislation,a 9%(95%CI:3%-15%)immediate reduction was observed in AMI incidence,especially in men(8%,95%CI:1%-14%)and in those aged 65 years and older(17%,95%CI:9%-25%).The gradual annual benefits were observed only in hemorrhagic and ischemic stroke incidence,with a 7%(95%CI:2%-11%)and 6%(95%CI:4%-8%)decrease per year,respectively.This health effect extended gradually to the 50-64 age group.In addition,neither the immediate nor gradual decrease in stroke and AMI incidence rates did not show statistical significance among the 35-49 age group(P>0.05).Conclusion Smoke-free legislation was enforced well in Shenzhen,which would generate good experiences for other cities to enact and enforce smoke-free laws.This study also provided more evidence of the health benefits of smoke-free laws on stroke and AMI.展开更多
Since 2017,10 provinces(cities)in China have promulgated local laws and regulations on family education,ushering in ground-breaking improvements in the working mechanism,content,subjects,system,and local characteristi...Since 2017,10 provinces(cities)in China have promulgated local laws and regulations on family education,ushering in ground-breaking improvements in the working mechanism,content,subjects,system,and local characteristics of family education.Based on a comparative study of the local legislation on family education in the 10 provinces,the characteristics and differences are summarized,and recommendations and prospects for local legislation on family education in other provinces are presented in this paper.展开更多
Over the past decade, the Chinese government has developed several plans regulations and policy measures related to the development of renewable energy technologies and has implemented a series of pilot projects. Chin...Over the past decade, the Chinese government has developed several plans regulations and policy measures related to the development of renewable energy technologies and has implemented a series of pilot projects. Chinese policymakers have spent several years studying how renewable energy policy models that have been used internationally could be implemented in China. Programs are currently underway to implement pilot renewable portfolio standards, or mandatory market shares (MMS) for renewable energy, in several provinces. This paper examines the primary institutions that are involved in promoting renewable policies in China, the structure of the policies that currently are being drafted, and the status of the complementary, national-level renewable energy law being drafted to provide a legal basis for ongoing local and national-level policies. It then examines the legal requirements for promoting renewable energy legislation under the Chinese law-making system. Finally, it provides recommendations展开更多
The Chinese obsolete electric and electronic equipments (EEE) recycling and disposal system on the point of view of legislation, education and dissemination were discussed, because of the highly increasing volume of e...The Chinese obsolete electric and electronic equipments (EEE) recycling and disposal system on the point of view of legislation, education and dissemination were discussed, because of the highly increasing volume of electric and electronic products and that of its obsoletes today in China. The legislations and responsibilities of go- vernment, industry and consumer were discussed based on the balance of benefit and responsibility depending on the realization of their benefits in the whole life cycle of products and its status in the whole value chain. Not only the legislation and establishment of the so called “compulsory discarding system” will be a possible and effective solution to the difficulty of the obsolete collection and recycling for obsolete electric and electronic reclaiming industry, but also the education and dissemination. Education and dissemination were discussed as an important role which will emphasize the adjusting of policy and law on the development of electric and electronic industry production and its reclaiming. The education of stockholders’ environmental responsibility and the advocating of responsibility sharing should be implement for industry and consumer. Chinese EEE industry should emphasize the control of natural source, and should implement the environmental benign design in their production, such as design for dismantling, no dismantling, thermal treatment and green design. The perspectives for the way to advocate a harmonic society for Chinese people were described.展开更多
[Objective] The aim was to conduct post-evaluation on environmental planning by means of logical framework approach. [Method] Taking environmental planning during '11th Five-year Plan' in a certain province fo...[Objective] The aim was to conduct post-evaluation on environmental planning by means of logical framework approach. [Method] Taking environmental planning during '11th Five-year Plan' in a certain province for example, by means of logical framework approach (LFA), the post-evaluation on environmental planning was carried out from the aspects of evaluation content, index system, implementation steps, evaluation feedback and input-output analysis of environmental planning. [Result] The post-evaluation on environmental planning by means of LFA achieved expected purpose and various indexes at different stages of environmental planning was assessed, and then corresponding countermeasures were put forward according to the problems which were found by problem tree of environmental planning project. [Conclusion] The study could provide theoretical references for the post-evaluation on environmental planning in future.展开更多
Public-Private Partnerships (PPPs) mode is a new governance mode which combines the advantages of government,private investor and the financial institution together.However,there is no sound legal system for PPPs in C...Public-Private Partnerships (PPPs) mode is a new governance mode which combines the advantages of government,private investor and the financial institution together.However,there is no sound legal system for PPPs in China at present.Therefore,it is critical to build a PPP legal legislation in order to facilitate investments in complex and long-term PPP arrangements,reduce transaction costs,ensure appropriate regulatory controls,and provide legal and economic mechanisms to enable the resolution of contract disputes.This article provides an international perspective on PPP legal framework by drawing upon the existing of PPP laws from several countries.展开更多
BACKGROUND: China has the largest potential market for organ transplants in the world, but it has not yet established brain death and organ transplant laws. We aimed to investigate the attitudes and suggestions of doc...BACKGROUND: China has the largest potential market for organ transplants in the world, but it has not yet established brain death and organ transplant laws. We aimed to investigate the attitudes and suggestions of doctors, pharmacists, and civil servants concerning brain death, organ transplantation, and their respective legislation. METHODS: A questionnaire with 10 sections and 44 questions was designed and distributed. The effective questionnaire data were then recorded and checked for descriptive analysis. RESULTS: In 1400 questionnaires distributed, 1063 were responded and 969 of them were valid and analyzed. The respondents showed an incomplete understanding of brain death and organ transplantation laws. Seventy-four percent of the respondents recognized and accepted the standard of brain death. They agreed that legislation should be involved in the removal of organs for transplantation, the future use of organs, and insurance and compensation for the donor for possible health risks induced by organ removal. Of the 969 respondents, 92% considered it necessary to have legislation in brain death and organ transplantation, and 61% thought that it is time to legislate. CONCLUSIONS: Legislation for brain death and organ transplantation is urgent and timely in China. The laws must include the respective rights and obligations of patients, close relatives, and medical institutions. Educating the public about brain death and organ transplantation should also be encouraged in a variety of ways.展开更多
Data from the last 50 years suggest that pediatric pa-tients typically suffer cardiothoracic injuries following blunt traumatic force(70%) in the setting of either motor vehicle crashes(53.5%) or vehicle-pedestrian ac...Data from the last 50 years suggest that pediatric pa-tients typically suffer cardiothoracic injuries following blunt traumatic force(70%) in the setting of either motor vehicle crashes(53.5%) or vehicle-pedestrian accidents(18.2%). Penetrating trauma accounts for 30% of pediatric cardiothoracic injuries, half of which are gunshot wounds. Graduated driver licensing progr-ams, gun-control legislation, off-road vehicle regulation, initiatives such as "Prevent the Bleed", as well as prof-essional society recommendations are key in preventing pediatric cardiothoracic injuries.展开更多
Physician apology legislation has gradually become a new legislative measure to resolve medical conflicts and repair doctor-patient relationship in many countries outside the region. In almost all cases using voice, t...Physician apology legislation has gradually become a new legislative measure to resolve medical conflicts and repair doctor-patient relationship in many countries outside the region. In almost all cases using voice, to calm analysis found that the legislation of our country doctors apologize transplantation may face an apology from responsibility way to large span, dispute resolution mechanism from the free will to the legislative mandate disorders significantly, from general to special legislation difficulties facing a predicament, and make an apology may make doctors in passive in the moral, intensifies the doctor-patient conflicts, etc. In order to resolve the dilemma and establish a physician apology system adapted to China’s national conditions, we should weaken the concept of apology liability through education, incorporate the elements of apology into the mediation mechanism of medical disputes, take the regulations on prevention and handling of medical disputes as a legislative breakthrough, and widely implement the patient safety system.展开更多
The increasing of development failure on highland urges the professionals to develop solution on mitigating the problems. This paper discusses on land development process and legislation on highland development in Mal...The increasing of development failure on highland urges the professionals to develop solution on mitigating the problems. This paper discusses on land development process and legislation on highland development in Malaysia and Hong Kong. This study is focus on land use planning, laws and regulations pertaining to land development process. Hence, this research is to review the current development process including mechanism and legislation pertaining land development on highland in Malaysia and Hong Kong. Hong Kong is chosen as an example based on the fact that for its successfulness in managing highland developments. The main aim of this research is to evaluate the effectiveness of land development legislations and development approaches for highland development. This research reveals the effects and consequences of implementation regulations and development process on highland that have been used at Malaysia and Hong Kong. In Malaysia, land development process on highland is still in questionable;why present property laws and regulations are fail to achieve highland development standards as compared to Hong Kong. There are weaknesses that need to be overcome such as on the implementation and the intensity of the provision in property laws and regulation that can ensure the achievement of required land development process.展开更多
At present, carry-over research in mycotoxins experiences a change in focus. We reviewed the state-of-art knowledge regarding carry-over in aflatoxins, ochratoxin A, Fusarium toxins, patulin, ergot and citrinin. The c...At present, carry-over research in mycotoxins experiences a change in focus. We reviewed the state-of-art knowledge regarding carry-over in aflatoxins, ochratoxin A, Fusarium toxins, patulin, ergot and citrinin. The common cooccurrence of mycotoxins demands for employment of multi-toxin analysis and poses a new challenge in reliable health hazard assessment. Synergies in adverse mycotoxin effects call for a revision of various guidance levels in feed. We found a lack of risk assessment regarding carry-over of rare mycotoxins and metabolites usually considered negligible.展开更多
Foodborne diseases affect human health and cause significant economic loss. Among the proposed mitigating strategies to prevent, or at least, to reduce foodborne diseases were the enactment and proper enforcement of f...Foodborne diseases affect human health and cause significant economic loss. Among the proposed mitigating strategies to prevent, or at least, to reduce foodborne diseases were the enactment and proper enforcement of food legislation. In Mauritius (MU), many outbreaks have been reported since the enactment and enforcement of the Food Act 1998 (MU) and Food Regulations 1999 (MU). Therefore, it was high time to re-evaluate the impact of the food law on the pattern of foodborne diseases. The aim of this study was to evaluate how the introduction of the Mauritian food legislation had influenced the pattern of foodborne diseases and its suitability in recent years. Data were collected from the website of the Ministry of Health and Quality of Life of Mauritius from 1990 to 2015 and analysed using nonparametric statistical methods, where required. Results showed that more foodborne disease cases occurred during enforcement of the food legislation than before. The study also found that the food law was consistently enforced over the years, except during epidemics of chikungunya fever and dengue fever. Furthermore, several strengths and weaknesses were identified in the current legislation related to the risk of foodborne diseases. Comparing the Mauritian with the Australian food laws revealed some similarities and differences between the two legislations. This review showed that overall foodborne diseases in Mauritius increased and were not affected by the food law enforcement. Therefore, a revision of the law and its enforcement is necessary to make them more efficient in preventing foodborne diseases.展开更多
This article acquaints the public with the insights gained from conducting document searches in the Slovak public administration information system,when supported by knowledge of its management.Additionally,it discuss...This article acquaints the public with the insights gained from conducting document searches in the Slovak public administration information system,when supported by knowledge of its management.Additionally,it discusses the advantages of simulating performance parameters and comparing the obtained results with the real parameters of the eZbierka(eCollection)legislation webpage.This comparison was based upon simulated results,obtained through the Gatling simulation tool,versus those obtained from measuring the properties of the public administration legislation webpage.Both sets of data(simulated and real),were generated via the the document search technologies in place on the eZbierka legislation webpage.The webpage provides users with binding laws and bylaws available in an electronically signed PDF file format.It is free open source.In order to simulate the accessing of documents on the webpage,the Gatling simulation tool was used.This tool simulated the activity,performed in the background of the information system,as a user attempted to read the data via the steps mentioned in the scenario.The settings of the simulated environment corresponded as much as possible to the hardware parameters and network infrastructure properties used for the operation of the respective information system.Based on this data,through load changing,we determined the number of users,the response time to queries,and their number;these parameters define the throughput of the server of the legislation webpage.The required parameter determination and performance of search technology operations are confirmed by a suitable hardware design and the webpage property parameter settings.We used the data from the eZbierka legislation webpage from its operational period of January 2016 to January 2019 for comparison,and analysed the relevant data to determine the parameter values of the legislation webpage of the slov-lex information system.The basic elements of the design solution include the technology used,the technology for searching the legislative documents with support of a searching tool,and a graphic database interface.By comparing the results,their dependencies,and proportionality,it is possible to ascertain the proper determination and appropriate applied search technology for selection of documents.Further,the graphic interface of the real web database was confirmed.展开更多
Virginia was once considered as one of three states in the United States that was particularly resistant to acupuncture and its legislation,due to the historically strong conservative force in Virginia.In this article...Virginia was once considered as one of three states in the United States that was particularly resistant to acupuncture and its legislation,due to the historically strong conservative force in Virginia.In this article,the author aims to review and discuss the history and the current situation of acupuncture legislation in Virginia,and provides some insights for the related legislations in other states and at federal level.This study was based on author’s personal experience and an interview with Mr.Floyd Herdrich,former president of the Acupuncture Society of Virginia,who made the biggest contribution to this legislation.Led by the Acupuncture Society of Virginia,and supported by the School Tai Sophia Institute,Virginia acupuncture legislation began in 1988 and the law was implemented in 1994.Virginia is the 27th state in the United States to legalize acupuncture practice,and it has been 28 years since then.The author’s insights are:the first important factor is dedications as the persistent efforts in legislation usually take many years to materialize.The second factor is the strategy,that is,legislation through the executive or administrative system is probably a much easier route or shortcut.展开更多
The reasons why labor standards law has not been enacted so far include the unreadiness of entrepreneurs and enterprises as well as legislators and the market. It is a great challenge for legislators because they need...The reasons why labor standards law has not been enacted so far include the unreadiness of entrepreneurs and enterprises as well as legislators and the market. It is a great challenge for legislators because they need to focus on the coordination of relationship between central and local labor standards legislation,on special problems of sectors or industries,on coordination of special industries and general industries. in addition to many other historical factors. The introduction of labor standards legislation must be based on a good familiarity of current situation and international labor standards,the frequent points of labor disputes in China,and the specific characteristics of different regions and industries,which is also the mission and responsibility of the legislators.展开更多
In May 1993, the State Council promulgated ProvisionalRegulations Regarding the Issuing of Stocks and theAdministration of Stock Dealings. However, the Stock Act isstill in the process of drafting. This paper intends ...In May 1993, the State Council promulgated ProvisionalRegulations Regarding the Issuing of Stocks and theAdministration of Stock Dealings. However, the Stock Act isstill in the process of drafting. This paper intends to discuss thefollowing three problems concerning the securities legislation.展开更多
The protection of the Yangtze River Basin is a top priority in China,and the National People's Congress(NPC)Standing Committee has started to draft a new protection legislation specifically for the Yangtze River B...The protection of the Yangtze River Basin is a top priority in China,and the National People's Congress(NPC)Standing Committee has started to draft a new protection legislation specifically for the Yangtze River Basin.The Basin forms the epicenter of environmental,social,and economic life.Any efforts to protect the Basin must accommodate several competing interests from a multiplicity of interested parties and stakeholders such as local governments,villages,and business enterprises.Current relevant institutions and organizations are unable to sufficiently ensure environmental protection and green development in the Basin.The NPC Standing Committee must thus adopt a more holistic approach when creating new protection legislations aimed at the Yangtze River Basin.展开更多
The slow progress and lack of fundamental breakthroughs in legislative practices are an important subject for China's space legislation. Oriented by the idea to formulate China's space law as soon as possible,...The slow progress and lack of fundamental breakthroughs in legislative practices are an important subject for China's space legislation. Oriented by the idea to formulate China's space law as soon as possible, it is necessary to solve five key issues. In the national policy, it is needful not only to implement China's space policy and promote the development of the space industry in depth, but also to advance the deep integration of military and civil application in space field. In terms of legal orientation, three features should be reflected upon, including the functional integration of public and private laws, the balance of regulation by substantive and procedural laws, and the effective coordination of domestic and international laws. To this end, both top-level design and implementation should be paid close attention to in order to achieve significant progress in China's space legislation.展开更多
基金a phased project of the “Research on the Principles of Argumentation of Ratio Legis (Reasons) in Local Legislation” (Project Approval Number 2023EFX002)a Youth Project of Shanghai Philosophy and Social Science Planning in 2023。
文摘The participation of women in legislation is an important aspect and means of safeguarding women’s rights.Feminist theory,based on criticism of both the“citizenship identity theory as rights”and the“citizenship identity theory as responsibilities,”proposes the“citizenship identity theory as subjectivity.”Observing the current practice of women’s participation in legislation in China,two institutional safeguard principles can be summarized:the“minimum proportion”and the“influence evaluation.”However,each of these principles has its inherent limitations.Therefore,it is necessary to supplement them with the principle of“subjective participation”in a reflective manner.This principle requires women to participate substantively in the legislative process as subjects,express women’s needs and demands,input women’s perspectives and experiences,and reconstruct the distribution of rights and responsibilities in the existing legislation.The three principles complement each other and work together to comprehensively constitute the institutional structure of women’s participation in legislation,thereby promoting the reproduction of corresponding action structures.
文摘Background:In today’s society the ongoing discussion about euthanasia triggers emotionally charged debates surrounding the delicate balance between valuing life and respecting an individual’s autonomy.With the persistence of this debate,there has been the emergence of the concept of the so-called alternative:palliative care.Positioned as a substitute for euthanasia,palliative care aims to alleviate suffering in terminally ill patients without engaging in the ethical dilemmas associated with euthanasia.Methods:This paper explores the facets of palliative care highlighting its core objectives such as providing adequate pain relief as a compassionate alternative to euthanasia.Results:By examining palliative care as a comprehensive approach to end of life support,this study challenges the perceived necessity of euthanasia and advocates,for compassionate and dignified end of life experiences.Conclusion:In conclusion,palliative care emerges as a viable and ethically sound alternative to euthanasia,emphasizing the importance of compassionate end-of-life care and pain management.
基金supported by the CAMS Innovation Fund for Medical Sciences[CIFMS2016-12M-3-001]the China Medical Board Strengthen Capacity of Study and Application on Burden of Disease in Health Care System of China-Establishment and Development of Chinese Burden of Disease Research and Dissemination Center[15-208]。
文摘Objective This study assesses the impact of smoke-free legislation on the incidence rate for acute myocardial infarction(AMI)and stroke in Shenzhen.Methods Data on ischemic(n=72,945)and hemorrhagic(n=18,659)stroke and AMI(n=17,431)incidence covering about 12 million people in Shenzhen from 2012 to 2016 were used.Immediate and gradual changes in incidence rates were analyzed using segmented Poisson regression.Results Following the smoke-free legislation,a 9%(95%CI:3%-15%)immediate reduction was observed in AMI incidence,especially in men(8%,95%CI:1%-14%)and in those aged 65 years and older(17%,95%CI:9%-25%).The gradual annual benefits were observed only in hemorrhagic and ischemic stroke incidence,with a 7%(95%CI:2%-11%)and 6%(95%CI:4%-8%)decrease per year,respectively.This health effect extended gradually to the 50-64 age group.In addition,neither the immediate nor gradual decrease in stroke and AMI incidence rates did not show statistical significance among the 35-49 age group(P>0.05).Conclusion Smoke-free legislation was enforced well in Shenzhen,which would generate good experiences for other cities to enact and enforce smoke-free laws.This study also provided more evidence of the health benefits of smoke-free laws on stroke and AMI.
文摘Since 2017,10 provinces(cities)in China have promulgated local laws and regulations on family education,ushering in ground-breaking improvements in the working mechanism,content,subjects,system,and local characteristics of family education.Based on a comparative study of the local legislation on family education in the 10 provinces,the characteristics and differences are summarized,and recommendations and prospects for local legislation on family education in other provinces are presented in this paper.
文摘Over the past decade, the Chinese government has developed several plans regulations and policy measures related to the development of renewable energy technologies and has implemented a series of pilot projects. Chinese policymakers have spent several years studying how renewable energy policy models that have been used internationally could be implemented in China. Programs are currently underway to implement pilot renewable portfolio standards, or mandatory market shares (MMS) for renewable energy, in several provinces. This paper examines the primary institutions that are involved in promoting renewable policies in China, the structure of the policies that currently are being drafted, and the status of the complementary, national-level renewable energy law being drafted to provide a legal basis for ongoing local and national-level policies. It then examines the legal requirements for promoting renewable energy legislation under the Chinese law-making system. Finally, it provides recommendations
文摘The Chinese obsolete electric and electronic equipments (EEE) recycling and disposal system on the point of view of legislation, education and dissemination were discussed, because of the highly increasing volume of electric and electronic products and that of its obsoletes today in China. The legislations and responsibilities of go- vernment, industry and consumer were discussed based on the balance of benefit and responsibility depending on the realization of their benefits in the whole life cycle of products and its status in the whole value chain. Not only the legislation and establishment of the so called “compulsory discarding system” will be a possible and effective solution to the difficulty of the obsolete collection and recycling for obsolete electric and electronic reclaiming industry, but also the education and dissemination. Education and dissemination were discussed as an important role which will emphasize the adjusting of policy and law on the development of electric and electronic industry production and its reclaiming. The education of stockholders’ environmental responsibility and the advocating of responsibility sharing should be implement for industry and consumer. Chinese EEE industry should emphasize the control of natural source, and should implement the environmental benign design in their production, such as design for dismantling, no dismantling, thermal treatment and green design. The perspectives for the way to advocate a harmonic society for Chinese people were described.
文摘[Objective] The aim was to conduct post-evaluation on environmental planning by means of logical framework approach. [Method] Taking environmental planning during '11th Five-year Plan' in a certain province for example, by means of logical framework approach (LFA), the post-evaluation on environmental planning was carried out from the aspects of evaluation content, index system, implementation steps, evaluation feedback and input-output analysis of environmental planning. [Result] The post-evaluation on environmental planning by means of LFA achieved expected purpose and various indexes at different stages of environmental planning was assessed, and then corresponding countermeasures were put forward according to the problems which were found by problem tree of environmental planning project. [Conclusion] The study could provide theoretical references for the post-evaluation on environmental planning in future.
基金the staged achievement of National Social Science Project(15CFX053)supported by scientific research project of SWPU(2017RW010)funded by the Chinese Scholarship Council and the Energy Law Research Team of SWPU(2018CXTD13)
文摘Public-Private Partnerships (PPPs) mode is a new governance mode which combines the advantages of government,private investor and the financial institution together.However,there is no sound legal system for PPPs in China at present.Therefore,it is critical to build a PPP legal legislation in order to facilitate investments in complex and long-term PPP arrangements,reduce transaction costs,ensure appropriate regulatory controls,and provide legal and economic mechanisms to enable the resolution of contract disputes.This article provides an international perspective on PPP legal framework by drawing upon the existing of PPP laws from several countries.
文摘BACKGROUND: China has the largest potential market for organ transplants in the world, but it has not yet established brain death and organ transplant laws. We aimed to investigate the attitudes and suggestions of doctors, pharmacists, and civil servants concerning brain death, organ transplantation, and their respective legislation. METHODS: A questionnaire with 10 sections and 44 questions was designed and distributed. The effective questionnaire data were then recorded and checked for descriptive analysis. RESULTS: In 1400 questionnaires distributed, 1063 were responded and 969 of them were valid and analyzed. The respondents showed an incomplete understanding of brain death and organ transplantation laws. Seventy-four percent of the respondents recognized and accepted the standard of brain death. They agreed that legislation should be involved in the removal of organs for transplantation, the future use of organs, and insurance and compensation for the donor for possible health risks induced by organ removal. Of the 969 respondents, 92% considered it necessary to have legislation in brain death and organ transplantation, and 61% thought that it is time to legislate. CONCLUSIONS: Legislation for brain death and organ transplantation is urgent and timely in China. The laws must include the respective rights and obligations of patients, close relatives, and medical institutions. Educating the public about brain death and organ transplantation should also be encouraged in a variety of ways.
文摘Data from the last 50 years suggest that pediatric pa-tients typically suffer cardiothoracic injuries following blunt traumatic force(70%) in the setting of either motor vehicle crashes(53.5%) or vehicle-pedestrian accidents(18.2%). Penetrating trauma accounts for 30% of pediatric cardiothoracic injuries, half of which are gunshot wounds. Graduated driver licensing progr-ams, gun-control legislation, off-road vehicle regulation, initiatives such as "Prevent the Bleed", as well as prof-essional society recommendations are key in preventing pediatric cardiothoracic injuries.
文摘Physician apology legislation has gradually become a new legislative measure to resolve medical conflicts and repair doctor-patient relationship in many countries outside the region. In almost all cases using voice, to calm analysis found that the legislation of our country doctors apologize transplantation may face an apology from responsibility way to large span, dispute resolution mechanism from the free will to the legislative mandate disorders significantly, from general to special legislation difficulties facing a predicament, and make an apology may make doctors in passive in the moral, intensifies the doctor-patient conflicts, etc. In order to resolve the dilemma and establish a physician apology system adapted to China’s national conditions, we should weaken the concept of apology liability through education, incorporate the elements of apology into the mediation mechanism of medical disputes, take the regulations on prevention and handling of medical disputes as a legislative breakthrough, and widely implement the patient safety system.
文摘The increasing of development failure on highland urges the professionals to develop solution on mitigating the problems. This paper discusses on land development process and legislation on highland development in Malaysia and Hong Kong. This study is focus on land use planning, laws and regulations pertaining to land development process. Hence, this research is to review the current development process including mechanism and legislation pertaining land development on highland in Malaysia and Hong Kong. Hong Kong is chosen as an example based on the fact that for its successfulness in managing highland developments. The main aim of this research is to evaluate the effectiveness of land development legislations and development approaches for highland development. This research reveals the effects and consequences of implementation regulations and development process on highland that have been used at Malaysia and Hong Kong. In Malaysia, land development process on highland is still in questionable;why present property laws and regulations are fail to achieve highland development standards as compared to Hong Kong. There are weaknesses that need to be overcome such as on the implementation and the intensity of the provision in property laws and regulation that can ensure the achievement of required land development process.
文摘At present, carry-over research in mycotoxins experiences a change in focus. We reviewed the state-of-art knowledge regarding carry-over in aflatoxins, ochratoxin A, Fusarium toxins, patulin, ergot and citrinin. The common cooccurrence of mycotoxins demands for employment of multi-toxin analysis and poses a new challenge in reliable health hazard assessment. Synergies in adverse mycotoxin effects call for a revision of various guidance levels in feed. We found a lack of risk assessment regarding carry-over of rare mycotoxins and metabolites usually considered negligible.
文摘Foodborne diseases affect human health and cause significant economic loss. Among the proposed mitigating strategies to prevent, or at least, to reduce foodborne diseases were the enactment and proper enforcement of food legislation. In Mauritius (MU), many outbreaks have been reported since the enactment and enforcement of the Food Act 1998 (MU) and Food Regulations 1999 (MU). Therefore, it was high time to re-evaluate the impact of the food law on the pattern of foodborne diseases. The aim of this study was to evaluate how the introduction of the Mauritian food legislation had influenced the pattern of foodborne diseases and its suitability in recent years. Data were collected from the website of the Ministry of Health and Quality of Life of Mauritius from 1990 to 2015 and analysed using nonparametric statistical methods, where required. Results showed that more foodborne disease cases occurred during enforcement of the food legislation than before. The study also found that the food law was consistently enforced over the years, except during epidemics of chikungunya fever and dengue fever. Furthermore, several strengths and weaknesses were identified in the current legislation related to the risk of foodborne diseases. Comparing the Mauritian with the Australian food laws revealed some similarities and differences between the two legislations. This review showed that overall foodborne diseases in Mauritius increased and were not affected by the food law enforcement. Therefore, a revision of the law and its enforcement is necessary to make them more efficient in preventing foodborne diseases.
文摘This article acquaints the public with the insights gained from conducting document searches in the Slovak public administration information system,when supported by knowledge of its management.Additionally,it discusses the advantages of simulating performance parameters and comparing the obtained results with the real parameters of the eZbierka(eCollection)legislation webpage.This comparison was based upon simulated results,obtained through the Gatling simulation tool,versus those obtained from measuring the properties of the public administration legislation webpage.Both sets of data(simulated and real),were generated via the the document search technologies in place on the eZbierka legislation webpage.The webpage provides users with binding laws and bylaws available in an electronically signed PDF file format.It is free open source.In order to simulate the accessing of documents on the webpage,the Gatling simulation tool was used.This tool simulated the activity,performed in the background of the information system,as a user attempted to read the data via the steps mentioned in the scenario.The settings of the simulated environment corresponded as much as possible to the hardware parameters and network infrastructure properties used for the operation of the respective information system.Based on this data,through load changing,we determined the number of users,the response time to queries,and their number;these parameters define the throughput of the server of the legislation webpage.The required parameter determination and performance of search technology operations are confirmed by a suitable hardware design and the webpage property parameter settings.We used the data from the eZbierka legislation webpage from its operational period of January 2016 to January 2019 for comparison,and analysed the relevant data to determine the parameter values of the legislation webpage of the slov-lex information system.The basic elements of the design solution include the technology used,the technology for searching the legislative documents with support of a searching tool,and a graphic database interface.By comparing the results,their dependencies,and proportionality,it is possible to ascertain the proper determination and appropriate applied search technology for selection of documents.Further,the graphic interface of the real web database was confirmed.
文摘Virginia was once considered as one of three states in the United States that was particularly resistant to acupuncture and its legislation,due to the historically strong conservative force in Virginia.In this article,the author aims to review and discuss the history and the current situation of acupuncture legislation in Virginia,and provides some insights for the related legislations in other states and at federal level.This study was based on author’s personal experience and an interview with Mr.Floyd Herdrich,former president of the Acupuncture Society of Virginia,who made the biggest contribution to this legislation.Led by the Acupuncture Society of Virginia,and supported by the School Tai Sophia Institute,Virginia acupuncture legislation began in 1988 and the law was implemented in 1994.Virginia is the 27th state in the United States to legalize acupuncture practice,and it has been 28 years since then.The author’s insights are:the first important factor is dedications as the persistent efforts in legislation usually take many years to materialize.The second factor is the strategy,that is,legislation through the executive or administrative system is probably a much easier route or shortcut.
基金a staged achievement of the project of The National Social Science Fund of China,“A study on how labor standards respond to collective clash between capital and labor under the new normal”(15BGL184)。
文摘The reasons why labor standards law has not been enacted so far include the unreadiness of entrepreneurs and enterprises as well as legislators and the market. It is a great challenge for legislators because they need to focus on the coordination of relationship between central and local labor standards legislation,on special problems of sectors or industries,on coordination of special industries and general industries. in addition to many other historical factors. The introduction of labor standards legislation must be based on a good familiarity of current situation and international labor standards,the frequent points of labor disputes in China,and the specific characteristics of different regions and industries,which is also the mission and responsibility of the legislators.
文摘In May 1993, the State Council promulgated ProvisionalRegulations Regarding the Issuing of Stocks and theAdministration of Stock Dealings. However, the Stock Act isstill in the process of drafting. This paper intends to discuss thefollowing three problems concerning the securities legislation.
基金supported by the Chinese Fund for the Humanities and Social Sciences(15ZDB177).
文摘The protection of the Yangtze River Basin is a top priority in China,and the National People's Congress(NPC)Standing Committee has started to draft a new protection legislation specifically for the Yangtze River Basin.The Basin forms the epicenter of environmental,social,and economic life.Any efforts to protect the Basin must accommodate several competing interests from a multiplicity of interested parties and stakeholders such as local governments,villages,and business enterprises.Current relevant institutions and organizations are unable to sufficiently ensure environmental protection and green development in the Basin.The NPC Standing Committee must thus adopt a more holistic approach when creating new protection legislations aimed at the Yangtze River Basin.
文摘The slow progress and lack of fundamental breakthroughs in legislative practices are an important subject for China's space legislation. Oriented by the idea to formulate China's space law as soon as possible, it is necessary to solve five key issues. In the national policy, it is needful not only to implement China's space policy and promote the development of the space industry in depth, but also to advance the deep integration of military and civil application in space field. In terms of legal orientation, three features should be reflected upon, including the functional integration of public and private laws, the balance of regulation by substantive and procedural laws, and the effective coordination of domestic and international laws. To this end, both top-level design and implementation should be paid close attention to in order to achieve significant progress in China's space legislation.