The Qi Yuling case is a crucial juncture in the study of “fundamental rights and private law” in China, yet relevant research is underpinned on two clues. The first is that the increasing interest in the “constitut...The Qi Yuling case is a crucial juncture in the study of “fundamental rights and private law” in China, yet relevant research is underpinned on two clues. The first is that the increasing interest in the “constitutionalization of private law” worldwide provides knowledge resources and reference materials for scholars in China;the second is the understanding and exploration of the judicial application of the Constitution since the 1980s. Among them, such concepts as “the Constitution has direct legal effect” and “the Constitution needs to be implemented by the people” could have directly affected the Qi Yuling case. Focusing on such topics as the case of Qi Yuling, judicial enforcement of the Constitution, and the compilation of the Civil Code, scholars discussed the ways and scope for inclu ding fundamental rights in private law based on their experience abroad. They also looked into specific issues, covering how fundamental rights affect civil acts and the private law effects fundamental rights like personality rights, equali ty rights, freedom of speech, and protection of personal information. In the context of promoting the full implementation of the Constitution in the new era, “fundamental rights and private law” is still a field with great potential in both practice and theory.展开更多
An effective evaluation system can provide specific and practical suggestions to the deep groundwater management. But such kind of evaluation system has not been proposed in China. In this study, an evaluation index s...An effective evaluation system can provide specific and practical suggestions to the deep groundwater management. But such kind of evaluation system has not been proposed in China. In this study, an evaluation index system is specifically developed to evaluate deep groundwater management efficiency. It is composed of three first-level indicators(law enforcement capability, management ability, and management effectiveness) and eleven second-level indicators. The second-level indicators include seven mandatory indicators and four optional indicators. Piecewise linear function is used to normalize the quantitative indicators, and expert scoring method and questionnaire survey method are used to normalize the qualitative indicators. Then a comprehensive indicator weighting evaluation method is used to evaluate the first-level indicators and the target topic. A case study is carried out to evaluate deep groundwater management efficiency in Tianjin City. According to the evaluation score in each period, the management efficiency of every district in Tianjin City gradually improved. The overall evaluation score in the early deep groundwater extraction period is 0.12. After a series of deep groundwater protection efforts, this score reached to 0.61 in 2007, and met the regulation criteria. The evaluation results also showed that the further groundwater management efforts in Tianjin City should be focused on building a dynamic database to collect comprehensive deep well-log data; and on a reasonable design and distribution of the groundwater monitoring network. It demonstrated that the index system is suitable to locate the deficiencies of current groundwater management systems and to guide further improvements. It can then be used to protect deep groundwater.展开更多
文摘The Qi Yuling case is a crucial juncture in the study of “fundamental rights and private law” in China, yet relevant research is underpinned on two clues. The first is that the increasing interest in the “constitutionalization of private law” worldwide provides knowledge resources and reference materials for scholars in China;the second is the understanding and exploration of the judicial application of the Constitution since the 1980s. Among them, such concepts as “the Constitution has direct legal effect” and “the Constitution needs to be implemented by the people” could have directly affected the Qi Yuling case. Focusing on such topics as the case of Qi Yuling, judicial enforcement of the Constitution, and the compilation of the Civil Code, scholars discussed the ways and scope for inclu ding fundamental rights in private law based on their experience abroad. They also looked into specific issues, covering how fundamental rights affect civil acts and the private law effects fundamental rights like personality rights, equali ty rights, freedom of speech, and protection of personal information. In the context of promoting the full implementation of the Constitution in the new era, “fundamental rights and private law” is still a field with great potential in both practice and theory.
基金Under the auspices of National Basic Research Program of China(No.2010CB428804)
文摘An effective evaluation system can provide specific and practical suggestions to the deep groundwater management. But such kind of evaluation system has not been proposed in China. In this study, an evaluation index system is specifically developed to evaluate deep groundwater management efficiency. It is composed of three first-level indicators(law enforcement capability, management ability, and management effectiveness) and eleven second-level indicators. The second-level indicators include seven mandatory indicators and four optional indicators. Piecewise linear function is used to normalize the quantitative indicators, and expert scoring method and questionnaire survey method are used to normalize the qualitative indicators. Then a comprehensive indicator weighting evaluation method is used to evaluate the first-level indicators and the target topic. A case study is carried out to evaluate deep groundwater management efficiency in Tianjin City. According to the evaluation score in each period, the management efficiency of every district in Tianjin City gradually improved. The overall evaluation score in the early deep groundwater extraction period is 0.12. After a series of deep groundwater protection efforts, this score reached to 0.61 in 2007, and met the regulation criteria. The evaluation results also showed that the further groundwater management efforts in Tianjin City should be focused on building a dynamic database to collect comprehensive deep well-log data; and on a reasonable design and distribution of the groundwater monitoring network. It demonstrated that the index system is suitable to locate the deficiencies of current groundwater management systems and to guide further improvements. It can then be used to protect deep groundwater.
