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Construction of Legal System of China's Farmland Protection under the Coexistence of Multiple Objectives:Historical Logic,Practical Problems and Optimization Paths
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作者 Shengnan MA Jiaxin ZHOU Yongfang YANG 《Asian Agricultural Research》 2023年第2期26-34,38,共10页
[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
关键词 Farmland protection legal system construction Policy evolution Existing problems Optimization path
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Legal System for China's Forest Resource Protection:A Case Study of Poyang Lake Eco-economic Zone 被引量:2
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作者 LIU Rui-zhan 1 ,SONG Ping1,SHENG Qiu-ying2,GONG Wen-jun2 1.Jingdezhen City Forestry Bureau,Jingdezhen 333000,China 2.Jingdezhen City Forest Research Institute,Jingdezhen 333000,China 《Asian Agricultural Research》 2012年第7期65-68,共4页
Taking Poyang Lake Eco-economic Zone as an example,we analyzed existing problems in China'forest resource protection from the perspective of legal system.The problems include unclear property right system of fores... Taking Poyang Lake Eco-economic Zone as an example,we analyzed existing problems in China'forest resource protection from the perspective of legal system.The problems include unclear property right system of forest resource,imperfect compensation mechanism for forest ecology,forest cutting quota scheme not resolutely put into practice,legal supervision of forest protection not implemented,and lack of integration in forest protection laws.Based on these problems,we put forward countermeasures and suggestions:establish clear forest resource property system;improve ecological benefit compensation mechanism in legal form;strictly implement forest cutting quota scheme;strengthen legal supervision of forest protection;and keep legal system integral for forest resource protection. 展开更多
关键词 FOREST resource protection legal AWARENESS Poyang
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Environmental Protection of Biodiversity in Macedonia and Albania under Legal Analysis View 被引量:1
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作者 Ismail Zejneli Alba Dumi 《Journal of Environmental Science and Engineering(B)》 2016年第3期153-160,共8页
Environmental problems in the Republic of Macedonia and Albania are similar in other countries in the region. Numerous problems and deficiencies identified through different projects. The studies and planning document... Environmental problems in the Republic of Macedonia and Albania are similar in other countries in the region. Numerous problems and deficiencies identified through different projects. The studies and planning documents are evident for environmental media and areas. Such as lack of regional integrated systems for municipal solid waste management. The system for special waste types management, including hazardous waste, insufficient coverage of populated places and municipalities by wastewater collection and treatment systems (especially in agglomerations above 10,000 populations). The need to establish integrated river basin management is in accordance with the new law on waters, air pollution with different intensity in different parts of the country. This paper presents the imperative reforms to protect the natural resources and biodiversity in the countries. 展开更多
关键词 Analyze of pollution natural environment water resources protection plant and legal reforms.
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An Analysis of the Legal System for the Protection of Marine Resources in China 被引量:1
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作者 Zhenan Zhang Lijuan Zhang 《Macro Management & Public Policies》 2020年第3期3-7,共5页
In order to realize the orderly development and rational use of marine resources,construct a new marine economic development model,effectively adjust the relationship between marine resource protection and social prod... In order to realize the orderly development and rational use of marine resources,construct a new marine economic development model,effectively adjust the relationship between marine resource protection and social production,and promote the legalization and institutionalization of marine resource protection.Based on the reality,this article attempts to explore the ways and means of improving and constructing the legal system for the protection of marine resources from multiple dimensions.It aims to form a complete marine resource development system from the legal level and provide legal guarantee for the development of marine economy. 展开更多
关键词 Marine resources legal protection system construction Method and strategy
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Strive to Develop the Human Rights Cause——Speech at the forum on entry of human rights into the Constitution and legal protection of human rights(December23,2004) 被引量:2
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作者 JIANG ZHENGHUA vice-chairman of the NPC Standing Committee 《The Journal of Human Rights》 2005年第2期2-3,共2页
关键词 Speech at the forum on entry of human rights into the Constitution and legal protection of human rights Strive to Develop the Human Rights Cause December23 2004
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Objects of Criminal Legal Aid--Center On Judicial Justice and Human Rights Protection 被引量:1
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作者 FENG XIANGWU Law in Party School,Shantou Municipal Committee of the CPC 《The Journal of Human Rights》 2012年第3期15-19,共5页
The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object (or aid recipient)... The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object (or aid recipient) is a party in a given legal case, who is granted legal aid. They are often among the disadvantaged group in criminal cases, since most of them are mentally challenged, lack free- dom or have health problems.' Both international and domestic laws have certain norms regarding objects of criminal legal aid. Our domestic law places more emphasis on "defen- dants" while downplaying "suspects" and "victims" in identifying objects. 展开更多
关键词 Center On Judicial Justice and Human Rights protection Objects of Criminal legal Aid
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Theory on Introducing a Mandatory Attorney System into Civil Litigation from the Perspective of the Protection of the Right of Action
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作者 苏志强 QIAN Chuijun 《The Journal of Human Rights》 2023年第2期373-394,共22页
As an important rectifying mechanism to the involved parties-oriented civil litigation model,the mandatory attorney system requires the involved parties of a lawsuit to appoint a lawyer to represent them in the litiga... As an important rectifying mechanism to the involved parties-oriented civil litigation model,the mandatory attorney system requires the involved parties of a lawsuit to appoint a lawyer to represent them in the litigation,otherwise they will be rejected because the litigation requirements aren’t met.This seems to restrict the litigants’right to initiate a lawsuit by themselves.Through the arrangement of the system for the participation of lawyers in some litigation procedures,stages,and cases,coupled with the legal principle of litigation costs,the litigation costs sharing mechanism,legal aid,and other related supporting systems,it is not only a substantive guarantee for the litigants’right of action,but also can even strengthen the protection of the litigants’right of action in civil litigation.Based on the need to effectively protect and strengthen the litigants’right of action,combined with its civil litigation system and judicial operation environment,China should adopt a phased and gradual strategy to introduce and implement the mandatory attorney system in civil litigation while constantly improving its lawyer system,litigation costs system,legal aid system,and other related supporting systems. 展开更多
关键词 mandatory attorney system protection of the right of action lawyer system legal aid system
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Address by the UN High Commissioner for Human Rights Ms. Louise Arbour at the Opening Ceremony of the 13th Annual Workshop of the Framework on Regional Cooperation for the Promotion and Protection of Human Rights in the Asia-Pacific Region 被引量:1
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作者 Louise Arbour 《The Journal of Human Rights》 2005年第6期4-6,共3页
关键词 Louise Arbour at the Opening Ceremony of the 13th Annual Workshop of the Framework on Regional Cooperation for the promotion and protection of Human Rights in the Asia-Pacific Region Address by the UN High Commissioner for Human Rights Ms Asia UN
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Forty Years' Construction of Rule of Law and the Legalization of Human Rights Protection in China
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作者 常健 NI Weisi(译) 《The Journal of Human Rights》 2018年第2期202-222,共21页
A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand... A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand, individual rights must be protected by law On the other hand, a law-based society needs to be built so the boundaries of individual rights are clear, the exercising of those rights are regulated, conflicts between rights can be resolved through the courts, and the personal infringement of others’ rights and the overall interests of the society is prohibited by law During the 40 years of China’s ref orm and opening-up in China, the promotion of the legal protection of human rights mainly lies in three aspects: first, the important role of the rule of law plays in protecting human rights has been clarified; second, the four steps of the rule of law(scientific legislation, strict law enforcement, judicial justice and observance of the law by all Chinese citizens) have been strengthened to safeguard human rights fully and effectively; third, the Chinese human rights system under the rule of law has gradually been aligned with international norms. 展开更多
关键词 construction of rule of law human rights protection reform and opening up legalIZATION
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Promotion and Protection of Human Rights in the Discourse of Community with a Shared Future: China's Ideas and Experience
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作者 周力 MA Jing 《The Journal of Human Rights》 2017年第4期349-355,共7页
Countries in the world lack the ability to maintain internal independence and to cope with new external risks, sov ereign state relations based on respect for diversity are giving way to global solidarity. The concept... Countries in the world lack the ability to maintain internal independence and to cope with new external risks, sov ereign state relations based on respect for diversity are giving way to global solidarity. The concept of a community with a shared future for all mankind emphasizes relative independence along with the integration of human society and the joint liability of states. The basic principle is to recognize and respect diversity so as to maintain and enhance integration. In the discourse of a community with a shared future, we must look at human rights and the promotion and protection of human rights from a relational and symbiotic perspective. The concept of human rights is comprehensive, the universality of human rights does not mean the universality of human rights standards, and the global governance of human rights needs to strengthen both the internal c and external capacities and conditions of countries. In this regard, China’s experience is to form a task-oriented target governance model, enhance the enforceability and evaluability of the legal protection of human rights, substantiate and operationalize human rights principles and proposals at all levels through efforts such as establishing mechanisms and initiating forums, and continue to implement and enhance the external cooperation mechanism. The vulnerability, diversity, and scarcity of individuals and human societies are the roots of the problems of global peace and security, and a community with a shared future is also a community of rights, obligations and responsibilities. Therefore, the promotion and protection of human rights is not a burden to be distributed, but a responsibility to be shared, a collective responsibility based on shared values. 展开更多
关键词 community with a shared future human rights promotion and protection ideas and experiences
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The Path of Human Rights Development with Chinese Characteristics in the New Era:the Coordinated Promotion of Social Rights Protection and Economic Development
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作者 龚向和 魏文松 CHEN Feng(译) 《The Journal of Human Rights》 2020年第3期363-375,共13页
The principle of marxist theory on the dialectical relationship between the economic base and superstructure is an important theoretical basis for recognizing the mutual relationship between social rights protection a... The principle of marxist theory on the dialectical relationship between the economic base and superstructure is an important theoretical basis for recognizing the mutual relationship between social rights protection and economic development China and the West have different practical experience in handling their relations But a proper handling of their relations is conducive to promoting the development of human rights It is one-sided to either emphasize too much on social rights protection or to excessively pursue economic development The in-depth interaction between social rights protection and economic development is that they promote and restrict each other It is the right choice for human rights development with Chinese characteristics in the new era to promote social rights protection and economic development in a coordinated manner We should not only lay a solid material foundation for social rights protection with the high quality and efficiency of economic development, but also take social rights protection as the ultimate goal and strategic means to provide sufficient driving force for economic development And social rights protection and economic development should be synchronized. 展开更多
关键词 social rights protection economic development major social conflicts coordinated promotion
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Protection of Human Rights Under China's Legal System——An interview with Prof. Wan Exiang
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作者 Wang Kongxiang, Xuan Hailin are PhD candidates at the Law School of Wuhan University, and Gu Shengkai is a staff reporter of the Human Rights magazine. 《The Journal of Human Rights》 2005年第1期8-11,共4页
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 Kuom... 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. 展开更多
关键词 An interview with Prof VIEW protection of Human Rights Under China’s legal system Wan Exiang
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New Realms and New Highlights in the Legal Protection of Human Rights——Theoretical and Practical Innovations in the Legal Protection of Human Rights Since the 18th CPC National Congress
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作者 XIAN KAILIN LIU ZHUANGQIONG 《The Journal of Human Rights》 2014年第6期29-32,共4页
Since the 18th National Congress of the Communist Party of China (CPC), the system for the legal protection of human rignts under socialism with Chinese characteristics has experienced innowtive development. In part... Since the 18th National Congress of the Communist Party of China (CPC), the system for the legal protection of human rignts under socialism with Chinese characteristics has experienced innowtive development. In particular, the Decision on Certain Key Issues on Comprehensively Deepening Reform, which was adopted by the Third Plenary Session of the 18th CPC Central Committee, has made major reform arrangements related to the system and mechanisms for the legal protection of human rights under socialism with Chinese characteristics. Taking the theoretical and practical innovations since the 18th CPC National Congress in the protection of human rights as its perspective, this, article discusses new realms and new highlights in the legal protection of human rights. 展开更多
关键词 CPC Theoretical and Practical Innovations in the legal protection of Human Rights Since the 18th CPC National Congress New Realms and New Highlights in the legal protection of Human Rights
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A Brief Introduction to the Business of Certification/Legalization of the China Council for the Promotion of International Trade and China Chamber of International Commerce
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《China's Foreign Trade》 1996年第2期12-13,共2页
Since its founding in 1952,the ChinaCouncil for the Promotion ofInternational Trade(CCPIT) has beenengaged,as a commercial chamber,in issuingand certifying/legalizing foreign-relateddocuments.Over the past forty years... Since its founding in 1952,the ChinaCouncil for the Promotion ofInternational Trade(CCPIT) has beenengaged,as a commercial chamber,in issuingand certifying/legalizing foreign-relateddocuments.Over the past forty years,theCCPIT has gained a high internationalreputation for its fairness and authority inissuing and certifying/legalizing documentsused in export and import,such as documentsfor customs clearance,the settlement ofexchange and licensing,and certificates oforigin,certificates of contractual liabilitiesand certificates of force majeure. 展开更多
关键词 A Brief Introduction to the Business of Certification/legalization of the China Council for the promotion of International Trade and China Chamber of International Commerce
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Strengthen the Legal Protection of Human Rights and Promote the Development of Human Rights Cause
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作者 韩大元 LI Man 《The Journal of Human Rights》 2017年第6期535-539,共5页
The 19;National Congress of the Communist Party of China established Xi Jinping’s socialist ideology with Chinese characteristics in a new era,and opened up a new era for the socialist construction with Chinese chara... The 19;National Congress of the Communist Party of China established Xi Jinping’s socialist ideology with Chinese characteristics in a new era,and opened up a new era for the socialist construction with Chinese characteristics.This indicates the direction for China’s human rights cause to move towards a new era,which has laid 展开更多
关键词 Strengthen the legal protection of Human Rights and Promote the Development of Human Rights Cause
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Reform of China's Judicial System Promotes Protection of Human Rights——An interview with Wang Shengjun, secretary-general of the Politico-Legal Committee of the CPC Central Committee
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作者 OUR STAFF REPORTERS 《The Journal of Human Rights》 2006年第3期2-5,共4页
The 16th National Congress of the Communist Party of China (CPC) held in 2003 set thetask of promoting the reform of China's judicial system, a task seen as of strategic importance to the country's development. Sh... The 16th National Congress of the Communist Party of China (CPC) held in 2003 set thetask of promoting the reform of China's judicial system, a task seen as of strategic importance to the country's development. Shortly afterwards, the CPC Central Committee set up the Leading Group for the Judicial System Reform (LGJSR). 展开更多
关键词 CPC Pro secretary-general of the Politico-legal Committee of the CPC Central Committee An interview with Wang Shengjun Reform of China’s Judicial system Promotes protection of Human Rights WANG
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Speech by Mr. Tang Jiaxuan, State Councilor of China, at the Opening Ceremony of the 13th Annual Workshop of the Framework on Regional Cooperation for the Promotion and Protection of Human Rights in the Asia-Pacific Region
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作者 Mr. Tang Jiaxuan, State Councilor of China. 《The Journal of Human Rights》 2005年第6期7-8,共2页
关键词 Speech by Mr State Councilor of China Tang Jiaxuan at the Opening Ceremony of the 13th Annual Workshop of the Framework on Regional Cooperation for the promotion and protection of Human Rights in the Asia-Pacific Region Asia
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Laws,Defects and Countermeasures on the Circulation of Rural Housing Land——From the Perspective of Farmer Rights Protection 被引量:1
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作者 MAO Ping SONG Jiao PAN Qiang 《Asian Agricultural Research》 2010年第6期46-49,55,共5页
The thesis combs the existing legal provisions about rural housing land from the perspectives of use restriction,means restriction,subject restriction and mortgage prohibition,and finds out their defects,namely,weaken... The thesis combs the existing legal provisions about rural housing land from the perspectives of use restriction,means restriction,subject restriction and mortgage prohibition,and finds out their defects,namely,weakening real right,confused knowledge about the integration of house property and land property,the loophole in Land Administration Law,the bans on the rural residents' purchase of housing land and so on.Then the thesis expounds the harms of restricting the circulation of housing land,for example,it will result in underground transaction of housing lands;lead to untenanted lands and waste of resources;bring about financing difficulty for peasants;do harm to the interest of land owners(rural collective economic organizations) and so on.The thesis further proposes to establish the legal lease model to solve the problems in the circulation of housing lands,specifically explains the definition of the legal lease model of housing lands,illustrates its detailed information from the aspects of object,subject and content and elaborates a series of problems involving,how to distribute the rent of housing lands,as well as how to perfect relevant procedures and formalities in the credit circulation of housing lands so as to realize the legitimate and effective circulation of rural housing lands and protect the peasants' interests. 展开更多
关键词 Circulation of housing lands legal lease protection of the peasant's interests China
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Regulation on the Protection of Fossils Issued by the State Council of the People's Republic of China:Scientists' Researches Protected Legally—Further Explanation 被引量:1
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作者 Hao Ziguo,Fei Hongcai and Liu Lian 《Acta Geologica Sinica(English Edition)》 SCIE CAS CSCD 2012年第2期532-532,共1页
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 be... 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, 展开更多
关键词 Further Explanation Regulation on the protection of Fossils Issued by the State Council of the People’s Republic of China Researches Protected legally
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Coordination Mechanism of the Legal Protection of Resource Security with Its Relative Laws
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作者 Chen Demin Wang Huabing 《Chinese Journal of Population,Resources and Environment》 北大核心 2008年第3期21-26,共6页
The basis of the legal protection of resource security is its relative laws, which have four main characteristics, which are foundational, divergent, comprehensive and of long-term social benefits in view. The coordin... The basis of the legal protection of resource security is its relative laws, which have four main characteristics, which are foundational, divergent, comprehensive and of long-term social benefits in view. The coordination mechanism of the legal protection of resource security with its relative laws meets the needs of the sustainable development of the economy, society and environment. It also facilitates and is facilitated by the modern transformation of the legal system in China, and upholds the legal system as a logically self-perfecting entity. Furthermore, this coordination bears scientific feasibility. 展开更多
关键词 resource security legal protection relative laws MECHANISM
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