Cosmopolitan democracy model is presented by David Held, beyond idealistic perspectives of left and right ideologies, mainly with a legal view, and found a global impact. As a prominent theorist in the field of democr...Cosmopolitan democracy model is presented by David Held, beyond idealistic perspectives of left and right ideologies, mainly with a legal view, and found a global impact. As a prominent theorist in the field of democracy studies, David Held, by integrating the principle of autonomy in the model of constitutional democracy with the principle of participation in the model of participatory democracy, introduces a novel composition named ＂cosmopolitan democracy＂ that is a conception of democratic legal relations. Held is the first man who seeks to investigate democracy separated from the ideological models in relation to general human rights and identifies main areas of power in human life. He considers totally seven sets of rights necessarily enabling people to enjoy a free and equal participation in setting their communities. These rights include： right to health, welfare rights, cultural rights, civil rights, economic rights, political rights, and the right to enjoy a peaceful livelihood. Held＇s ultimate desire is to realize ideals of cosmopolitan democracy model in the global sphere, beyond the lessons of the West and the East. Through rethinking the theoretical and practical frameworks of this theory in today＇s world, the current paper seeks to study its role in reproducing democratic realism so that it would prepare the ground for the global consensus far from the ideal models.展开更多
On August 28, 2005, China＇s highest legislature adopted the Law on Penalties in Respect to Public Security Management （hereinafterrefen＇ed to as the Public Security Penalties Law for short）. The Law, adopted at th...On August 28, 2005, China＇s highest legislature adopted the Law on Penalties in Respect to Public Security Management （hereinafterrefen＇ed to as the Public Security Penalties Law for short）. The Law, adopted at the 17th meeting of the Standing Committee of the Tenth National People＇s Congress, shall become effective for implementation on March 1, 2006 to replace the Regulations on Penalties in Respect to Public： Security Management （Herein after referred to as the Public Security Penalties Regulations for short） that has been in practice for 18 years.展开更多
Atier more than a quarter-century of market-oriented economic policies and unprecedented economic growths, China on March 15, 2007enacted its first law that provides equal legal safeguards to both public and private p...Atier more than a quarter-century of market-oriented economic policies and unprecedented economic growths, China on March 15, 2007enacted its first law that provides equal legal safeguards to both public and private properties. The 247-article People＇s Republic of China Property Law, which is due to come into effect as of October 1, 2007, stipulates that ＂the property of the State, the collecfive, the individual and other obligees shall be protected by law, and no units or individuals may infringe upon it＂.展开更多
Change is a word synonymous with China. Since inaugurating its reform campaign 29 years ago, the nation has seen countless examples of change, from the social, economic, political and cultural perspectives. Many of th...Change is a word synonymous with China. Since inaugurating its reform campaign 29 years ago, the nation has seen countless examples of change, from the social, economic, political and cultural perspectives. Many of these changes have been dramatic and have spawned social problems and related disputes. The 21st Century Business Herald, a leading Chinese financial news- paper, recently convened a group of eminent scholars specializing in social sciences to discuss the challenges facing China's further reform and the trend of its social development. Professor Zhou Weimin, Editor in Chief of Study Times, Yang Fengchun, Dean of the E-Government Research Center of Peking University, Professor Mao Shoulong, Faculty Director of the Department of Public Administration of the Renmin University of China, and Professor Zhen Xiaoying at the Central Institute of Socialism, give their opinions in the following excerpts:展开更多
It is a common principle in all countries that juristic acts that violate jus cogens are invalid. This may be termed ＂norms of legality＂ in relation to the effect of juristic acts （Rechtsgeschaft）. This refers onl...It is a common principle in all countries that juristic acts that violate jus cogens are invalid. This may be termed ＂norms of legality＂ in relation to the effect of juristic acts （Rechtsgeschaft）. This refers only to jus cogens in public law, since jus cogens in private law is self-governing or autonomous in nature and its violation results at worst in ineffectiveness rather than invalidity. In determining whether legal acts that contravene public law are valid, the objectives of the related public laws must be examined and the principle of proportionality applied to limit the interpretation of the objectives of the public law in question, in order to further distinguish obligations in public law from those in private law. Local laws and administrative rules cannot be excluded completely in the application of civil law. Violation of the law and violation of public order and good custom have totally different effects and cannot be treated as the same thing.展开更多
文摘Cosmopolitan democracy model is presented by David Held, beyond idealistic perspectives of left and right ideologies, mainly with a legal view, and found a global impact. As a prominent theorist in the field of democracy studies, David Held, by integrating the principle of autonomy in the model of constitutional democracy with the principle of participation in the model of participatory democracy, introduces a novel composition named ＂cosmopolitan democracy＂ that is a conception of democratic legal relations. Held is the first man who seeks to investigate democracy separated from the ideological models in relation to general human rights and identifies main areas of power in human life. He considers totally seven sets of rights necessarily enabling people to enjoy a free and equal participation in setting their communities. These rights include： right to health, welfare rights, cultural rights, civil rights, economic rights, political rights, and the right to enjoy a peaceful livelihood. Held＇s ultimate desire is to realize ideals of cosmopolitan democracy model in the global sphere, beyond the lessons of the West and the East. Through rethinking the theoretical and practical frameworks of this theory in today＇s world, the current paper seeks to study its role in reproducing democratic realism so that it would prepare the ground for the global consensus far from the ideal models.
文摘On August 28, 2005, China＇s highest legislature adopted the Law on Penalties in Respect to Public Security Management （hereinafterrefen＇ed to as the Public Security Penalties Law for short）. The Law, adopted at the 17th meeting of the Standing Committee of the Tenth National People＇s Congress, shall become effective for implementation on March 1, 2006 to replace the Regulations on Penalties in Respect to Public： Security Management （Herein after referred to as the Public Security Penalties Regulations for short） that has been in practice for 18 years.
文摘Atier more than a quarter-century of market-oriented economic policies and unprecedented economic growths, China on March 15, 2007enacted its first law that provides equal legal safeguards to both public and private properties. The 247-article People＇s Republic of China Property Law, which is due to come into effect as of October 1, 2007, stipulates that ＂the property of the State, the collecfive, the individual and other obligees shall be protected by law, and no units or individuals may infringe upon it＂.
文摘Change is a word synonymous with China. Since inaugurating its reform campaign 29 years ago, the nation has seen countless examples of change, from the social, economic, political and cultural perspectives. Many of these changes have been dramatic and have spawned social problems and related disputes. The 21st Century Business Herald, a leading Chinese financial news- paper, recently convened a group of eminent scholars specializing in social sciences to discuss the challenges facing China's further reform and the trend of its social development. Professor Zhou Weimin, Editor in Chief of Study Times, Yang Fengchun, Dean of the E-Government Research Center of Peking University, Professor Mao Shoulong, Faculty Director of the Department of Public Administration of the Renmin University of China, and Professor Zhen Xiaoying at the Central Institute of Socialism, give their opinions in the following excerpts:
文摘It is a common principle in all countries that juristic acts that violate jus cogens are invalid. This may be termed ＂norms of legality＂ in relation to the effect of juristic acts （Rechtsgeschaft）. This refers only to jus cogens in public law, since jus cogens in private law is self-governing or autonomous in nature and its violation results at worst in ineffectiveness rather than invalidity. In determining whether legal acts that contravene public law are valid, the objectives of the related public laws must be examined and the principle of proportionality applied to limit the interpretation of the objectives of the public law in question, in order to further distinguish obligations in public law from those in private law. Local laws and administrative rules cannot be excluded completely in the application of civil law. Violation of the law and violation of public order and good custom have totally different effects and cannot be treated as the same thing.
