As the two fundamental aspects of modern society,the emergency state and the routine state are not exceptions to the rule of law.They just abide by special legal rules and must adhere to the spirit of the rule of law,...As the two fundamental aspects of modern society,the emergency state and the routine state are not exceptions to the rule of law.They just abide by special legal rules and must adhere to the spirit of the rule of law,such as human rights protection and power restrictions and apply the principle of proportionality.In a state of emergency,public interests are faced with major and urgent threats.In this state,the positioning of the purpose,the examination of the consequences,or the measurement of the legal benefits of the purpose and the consequences all have a certain degree of particularity and complexity.In order to increase the rationality of the principle of proportionality in the state of emergency,and to perform its value function scientifically and effectively,it is necessary to adopt loose application standards based on the characteristics of the state of emergency,grasp the key application links,and limit the scope of application to the review of the rationality of the exercise of emergency powers.Judgment of the legitimacy of the purpose of the exercise of emergency powers and the derogation of civil rights such as human dignity are not within the scope of the principle of proportionality.展开更多
The pursuit of economic efficiency is the major driver for the birth of contemporary Chinese civil law.Contemporary civil law scholarship has demonstrated a serious concern for efficiency from the very beginning.Howev...The pursuit of economic efficiency is the major driver for the birth of contemporary Chinese civil law.Contemporary civil law scholarship has demonstrated a serious concern for efficiency from the very beginning.However,many examples suggest that the notion of economic efficiency is often diluted or replaced by factors like civil law doctrinal scholasticism,moral notions,inertial thinking of the planned economy or the will of the leader.It has not been systematically attended to or expressed in a detailed and precise way in the contemporary civil law scholarship in China,rendering some economic judgments uneconomical.In the 21 st century,it is necessary for the civil law studies to establish a clearer and more precise notion of efficiency,to conduct more direct and accurate evaluations on civil laws’incentives on people’s behaviors and their socio-economic effects,so as to reduce the cost of social interactions and promote deeper cooperation and winwin outcome among individuals.展开更多
文摘As the two fundamental aspects of modern society,the emergency state and the routine state are not exceptions to the rule of law.They just abide by special legal rules and must adhere to the spirit of the rule of law,such as human rights protection and power restrictions and apply the principle of proportionality.In a state of emergency,public interests are faced with major and urgent threats.In this state,the positioning of the purpose,the examination of the consequences,or the measurement of the legal benefits of the purpose and the consequences all have a certain degree of particularity and complexity.In order to increase the rationality of the principle of proportionality in the state of emergency,and to perform its value function scientifically and effectively,it is necessary to adopt loose application standards based on the characteristics of the state of emergency,grasp the key application links,and limit the scope of application to the review of the rationality of the exercise of emergency powers.Judgment of the legitimacy of the purpose of the exercise of emergency powers and the derogation of civil rights such as human dignity are not within the scope of the principle of proportionality.
基金funded by the National Social Science Fund of China,“The Research on the Philosophical and Economic Basis of Chinese Private Law”(14CFX006)
文摘The pursuit of economic efficiency is the major driver for the birth of contemporary Chinese civil law.Contemporary civil law scholarship has demonstrated a serious concern for efficiency from the very beginning.However,many examples suggest that the notion of economic efficiency is often diluted or replaced by factors like civil law doctrinal scholasticism,moral notions,inertial thinking of the planned economy or the will of the leader.It has not been systematically attended to or expressed in a detailed and precise way in the contemporary civil law scholarship in China,rendering some economic judgments uneconomical.In the 21 st century,it is necessary for the civil law studies to establish a clearer and more precise notion of efficiency,to conduct more direct and accurate evaluations on civil laws’incentives on people’s behaviors and their socio-economic effects,so as to reduce the cost of social interactions and promote deeper cooperation and winwin outcome among individuals.
