Impact of Mandatory Provisions on the Validity of Juristic Acts: A Path for Legal Policy Analysis

Contrary to the approach in judicial practice,Paragraph 1,Article 153,of the Civil Code of the People’s Republic of China,as a rule of invalidity for violating mandatory provisions,does not adopt a dichotomy towards mandatory provisions with effectiveness and administrative characteristics,yet it maintains the legislative philosophy of differentiation.It leaves unspecified whether mandatory provisions that do not explicitly render a juristic act invalid impact the act’s validity,entrusting this determination to the discretion of judges on a case-by-case basis.When judges,under the authority of Paragraph 1,Article 153 of the Civil Code,explore the normative intent of mandatory provisions to assess their effect on the validity of juristic acts,they should engage in legal policy analysis centered on consequence-based argumentation to overcome the limitations of norm typological analysis.This analysis employs a reasoning model predicated on the normative purpose,utilizing a consequencefocused interpretative approach for formulating and arguing propositions of rules applicable to pending cases,thereby arriving at case-specific conclusions.Since the invalidation of juristic acts serves as an auxiliary regulatory tool for the state economy and society,a consequence-oriented interpretation needs to be based on the idea of mutual instrumentalization of public and private laws.This entails predicting the outcomes of negating the validity of a juristic act in industrial regulatory scenarios and assessing these outcomes within the framework of public and private regulatory instruments.

A Probe into the Issue of Socialist Rule of Law and the Reform of Legal System

The CPC Central Committee with Comrade Hu Jintao as the general secretary puts forward the new concept of socialist rule of law, which is the great ideological and theoretical achievement of China’s reform and opening up and socialist construction. From the concrete connotation, this article analyzes the formation of the socialist rule of law. The unique social and historical conditions, the progress of social civilization, the increasing public awareness of the rule of law, the pursuit and sublimation of the rule of law experience of the ruling party contributed to the establishment and development of the socialist concept of rule of law. At the same time, it is suggested that the rule of law should be popularized in the whole society, and the socialist rule of law can be transformed into the conscious action of the ruling party, state organs, social organizations and all citizens, so that the concept of socialist rule of law will truly attract and benefit the masses. The great practice of the people.

On the Establishment of Chinese Self-Independent Knowledge System of Legal Science

Constructing the Chinese self-independent knowledge system of legal science is a great project to adapt Marxist legal science to the Chinese context and the needs of our times in the new era, a profound revolution in the field of legal science, a precursor and foundation for constructing a system of legal science with Chinese characteristics, an urgent need to train high-quality legal talents with both virtues and talents, and an inevitable requirement for promoting the Chinese path to the modernization of the rule of law. To carry out such a systematic project, it is imperative to focus on the seven basic principles and scientific methods that include adhering to the ideological guidance of XI Jinping Thought on the Rule of Law. The theory of the system of socialist rule of law with Chinese characteristics, which is the cornerstone for the development of the Chinese self-independent knowledge system of legal science, has provided a necessary and much-needed theoretical paradigm for the development of the Chinese self independent knowledge system of legal science, has led to the innovative development of legal theory with Chinese characteristics in the new era, and will continue to do it.

Discussion on the Logical Coordination between Legal Theory and Legal Practice——from the Perspective of the Legal Basis of NPC5s Discussion and Decisiomaking Power on Major Issues

The decision of local people's congresses to discuss major issues is a basic right granted to local people's congresses by the Chinese Constitution and laws.However,in practice,the implementation of the power of deliberation of major issues by local people's congresses is worrying.By applying the theory of Chinese traditionalism and unity in the theory of law,the theory of"sovereignty in the people"in the social contract theory of Western natural law school,Austin's"legal command theory55 in Western positivist law and Hart's"recognition""Rules theory"to argue that the integrity of rights necessarily involves the dual factors of decision-making and execution.At the same time,the existence and operation of the law always reflects the development of the political system.The realistic political situation requires us to make more precise and meticulous refinement of the external form and specific technical links of the legal system,and to coordinate the rules to make up the legal theory and Conflicts and conflicts in legal practice help to reform social institutions.

Forty Years' Construction of Rule of Law and the Legalization of Human Rights Protection in China

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.

On Edward Coke＇ s Constitutional Thought and the Value of the Traditional Chinese Legal Thoughts

Coke was undoubtedly a milestone in the history of the legal thoughts in Britain and even in the whole western world.Coke stressed the restriction of royalty and the suprem e status of the common law.In the British Parliament’s struggle against the monarchy in the 17th century,he put forward the creative constitutional ideas about independence of judges and judicial review,advocating the protection of due process and the civil rights,which provided valuable ideological inspiration especially for the development of judicial review and the due process in the U.S.C onstitution.Just as the saying goes,"the old farmland would grow out new grain",looking back on traditional legal thoughts is im portant to the construction of a legal country for the present China.

A Programmatic Document for Strengthening Legal Education and Legal Theory Research in the New Era: Interpretation of the Opinions on Strengthening Legal Education and Legal Theory Research in the New Era

The release of the Opinions on Strengthening Legal Education and Legal Theory Research in the New Era(hereinafter referred to as the“Opinions”)is a milestone in the history of legal education since the founding of the People’s Republic of China in 1949.Standing at a new historical starting point for exercising law-based governance on all fronts and advancing the rule of law in China,this document outlines new development goals for legal education and legal theory research in the new era from both short-term and long-term perspectives.It adheres to the guidance of XI Jinping Thought on Socialism with Chinese Characteristics for a New Era,and puts forward the principles of upholding and strengthening the overall leadership under the Communist Party of China,adhering to the scientific guidance of XI Jinping Thought on the Rule of Law,accomplishing the core task of economic development and serving the overall interests of the country,fostering virtue through education and cultivating talent with both moral quality and legal literacy,following the objective law,and integrating the underlying tenets of Marxism with China’s realities and the fine traditional Chinese culture,thus establishing the principles for the new development of legal education and legal theory research in the new era.It proposes to strengthen top-level design and strategic arrangements,promote the reform and improvement of the law school system,accelerate the improvement of the legal education system,and innovatively develop the legal theory research system.Therefore,a new development landscape for legal education and legal theory research in the new era has been established.The Opinions clearly stipulates the leadership system,management system,and coordination mechanism for legal education and legal theory research,and creates a new development system for legal education and legal theory research in the new era.

On the Theory of Chinese Legal Education in the New Era

The Central Committee of the Community Party of China with Comrade XI Jinping at its core has made strategic thinking and top-level design for Chinese legal education in the new era, put forward a series of new concepts, ideas and strategies that are epochal, iconic, and original, and created a scientific and modernized theory of Chinese legal education in the new era. The theory on Chinese legal education for the new era, as an important part of XI Jinping Thought on the Rule of Law, profoundly answers significant questions about the orientation, goal, status, relationship, management, and system of Chinese legal education in the new era, and guides us to build a leading country in legal education.

Strengthening Research on the Basic Legal Theory and Adapting Marxist Jurisprudence to the Chinese Context and the Needs of the Times

Innovative development of the legal theory research system requires strengthening research on the basic theory of law. Promoting research on the basic principles of Marxist jurisprudence is the fundamental premise for adapting Marxism to the Chinese context and the needs of the times. XI Jinping Thought on the Rule of Law is the fundamental criterion for the innovative development of the basic theory of law of contemporary China in the new era, and the adaptation of Marxism to the Chinese context and the needs of the times is the essential requirement for the innovative breakthrough of the basic theory of law of contemporary China.

Building an Academic System of Legal Science with Chinese Characteristics

The report to the 20th National Congress of the Communist Party of China (CPC) pointed out that problems are the voice of the times, and answering the problems and guiding the solutions are the fundamental tasks of theories. To continually promote theoretical innovation on the basis of practice and to write a new chapter on adapting Marxism to the Chinese context and the needs of the times, it is necessary to persist in problem orientation. Therefore, it is a requirement for the implementation of the guiding principles of the 20th National Congress of the CPC to engage in intellectual inquiry with respect to meta-jurisprudence, and, based on that, pursue the target of building an academic system of legal science with Chinese characteristics. There are two main types of problems in meta-jurisprudence. The first is ideological resources, which asks what kinds of ideas shape the direction, foresight, and preferences of legal scholars. The second is the analytic framework, which asks how to tell the different kinds of legal issues apart, finish building the system, choose the best ways to argue, and make strong arguments. Only by starting from the problems of meta-jurisprudence and adhering to the guidance of XI Jinping Thought on the Rule of Law, by combining China's specific rule-of-law practice with fine traditional Chinese legal culture, and by learning from international experience, can the mission of building an academic system of legal science with Chinese characteristics be achieved.

Romanian legal management rules limit wood production in Norway spruce and beech forests

Background： The quantitative impact of forest management on forests＇ wood resource was evaluated for Picea and Fagus mixed forests. The effects on the productivity of tendering operations, thinnings and rotation length have seldom been directly quantified on landscape scale. Methods： Two sites of similar fertility but subject to contrasted forest management were studied with detailed inventories： one in Germany, the other in Romania, and compared with the respective national forest inventories. In Romania, regulations impose very long rotations, low thinnings and a period of no-cut before harvest. In contrast, tending and thinnings are frequent and intense in Germany. Harvests start much earlier and must avoid clear cutting but maintain a permanent forest cover with natural regeneration. While Germany has an average annual wood increment representative for Central Europe, Romania represents the average for Eastern Europe. Results： The lack of tending and thinning in the Romanian site resulted in twice as many trees per hectare as in the German site for the same age. The productivity in Romanian production forests was 20 % lower than in Germany despite a similar fertility. The results were supported by the data from the national forest inventory of each country, which confirmed that the same differential exists at country scale. Furthermore, provided the difference in rotation length, two crops are harvested in Germany when only one is harvested in Romania. The losses of production due to a lower level of management in Romania where estimated to reach 12.8 million m3.y-1 in regular mountain production forests, and to 15 million m3.y-1 if managed protection forest is included. Conclusions： The productivity of Picea and Fagus mountain forests in Romania is severely depressed by the lack of tending and thinning, by overly long rotations and the existence of a 25-years no-cut period prior to harvest. The average standing volume in Germany was 50 % lower than in Romania, but the higher harvesting rate resulted in more than doubling wood production. Considering the mitigation effects of climate change by forests, it emerges that the increase in standing volume of forests in Romania is smaller than the additional harvest in Germany which serves fossil fuel substitution.

Legal System Governing on Water Pollution in Iran

In the present era, water contamination represents one of the considerable environmental problems. Population growth along with ever increasing industrial developments has resulted in the contamination of most of the water resources in the world, bringing about serious problems for humans and other living organisms. According to the human life on earth depends on the way different water resources are exploited, the most important way to preserve the quality of water resources is to codify appropriate regulations and standards and develop plans for proper and principled implementation of them. Therefore, it seems to be necessary to take required actions to manage water resources optimally. In this regard, one of the most significant legal tools is the law. Following a descriptive-analytic approach, the present research aims to consider legal challenges in the context of water contamination briefly. Investigations indicate that, given the limitations in water resources, in future, water contamination will raise serious problems for the country should the solutions and measures required for tackling this issue are not well incorporated into respective regulations. As such, in order to systemize the activities within this scope, it is necessary to codify a comprehensive act about different water-related topics, so as to cover all separate and sparse pieces of regulations on water. Further, acquiring help from experts when preparing the regulations with an emphasis on the inhibitory role of penalties, roles of NGOs and culture-making in the society will contribute to the successful legal protection of the quality of water resources.

Timberland Investing and Private Property Rights in the United States of America

Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) legal system, from its origins to recent US Supreme Court decisions, continue to positively benefit holders of real estate in the Southern US, through a deep-rooted public policy of supporting private property rights and rural economic development. This stable rule of law enhances the long-term adaptability and sustainability of timberland as an asset class. This article is a commentary. It combines legal research methodology with the observations and conclusions of the authors. Its purpose is to demonstrate that the existence of alienable, documentable ownership, and related property rights create inherent stability and security. These principles form the basis of a culture that is defined by the rule of law and is “open for business.” This business mindset is particularly prevalent in the Southern US.

Democracy on the Road toward the Rule of Law Started from Umbrella Movement

This paper had started its words from the hot current Umbrella Movement in Hongkong, with putting forward the questions that ＂ What is the democracy？ ＂ and ＂ How should the democracy develop？ ＂ . And then, it had reviewed the historical development of the concept of democracy, on that basis, it had explored the socialist democratic system in China and analyzed the dilemmas in the construction of socialist democracy. And it gave the responses to questions in the beginning of the article and explained the reasons in details. At the last, some notes on the construction of democracy in China＇ s journey toward rule of law were written in this article.

Updated Interpretation of the Chinese Legal System

As an important accomplishment of self-governance exploration for the Chinese nation,the Chinese legal system has contributed significantly to human rule-of-law civilization,and should be reinterpreted from three dimensions:historical tradition,prevailing practice,and future development.Following the constant logic of rule-of-law development in China,Chinese rule-of-law modernization marks a new era of the Chinese legal system and is a specific embodiment of Chinese modernization in the domain of rule of law.The Communist Party of China(CPC)has explored the China’s socialist rule-of-law practice with Chinese characteristics,carried forward the essence of fine Chinese rule-of-law culture,and learned from others’important rule of-law achievements,modernizing the rule of law for the needs of China.Furthermore,XI Jinping Thought on the Rule of Law,adapting to the times to promote the great rejuvenation of the Chinese nation,understands and grasps the basic laws of national governance,the laws of socialist rule-of-law building and the principles of law-based humane civilization development.The Chinese legal system has thereby been revised and expanded through linking history with reality,the international scene with the domestic one,and theory with practice.Surely,the updated Chinese legal system with China characteristics and with world significance will return to global centre-stage in rule-of-law development.Also,the updated Chinese legal system in the new era will embrace the revival of Chinese rule-of-law civilization,while the Chinese rule-of-law modernization will advance the great rejuvenation of the Chinese nation.

习近平法治思想中的“中华法系”概念

中华法系萌生发展于中华大地,为千百年来国家治理与社会运行作出了重要贡献。但作为一个法学概念,“中华法系”发端于19世纪末传入中国的“法族”概念,其内涵在中华民族艰辛探索法治道路过程中经历了长期建构与重构。法系与法律系统、法律体系,法律、道德及其相互关系,发展方向、未来命运及其决定因素是“中华法系”概念演进过程中形成的基本论题,最终表达的是中国法治的过去和未来如何在法治实践中获得存在的意义。“中华法系”概念百余年演进历程中围绕基本论题展开的讨论,表征着概念本身所具有的民族性、实践性与时代性。习近平总书记全面回顾了“中华法系”概念的演进历程与基本论题,深刻揭示了其丰富的制度内涵、思想内涵与文明内涵,并赋予其新的时代意义。习近平法治思想中的“中华法系”概念具有鲜明的主体性、范式性、引领性,是具有标识意义的重要概念。

论习近平法治思想与自主法学知识体系建构

习近平法治思想是建构中国自主法学知识体系的指导思想和理论基础,具有世界观和方法论指引功能、法学学科体系优化功能、法学范畴体系完善功能、法学理论体系创新功能。其中,世界观和方法论指引功能,体现为引领法学知识体系建构坚持实事求是、守正创新、推陈出新、融通中外、系统思维、胸怀天下等原则。法学学科体系优化功能,体现为推进法学基础学科转型升级、法学新兴学科创建发展、法学交叉学科发展、涉外法学学科完善。法学范畴体系完善功能,体现为推动完善法学基本范畴体系、公法学范畴体系、私法学范畴体系、程序法学范畴体系、涉外法学范畴体系。法学理论体系创新功能,体现为推动法律学、法治学、法理学的理论体系创新。

论涉外法治关系的法理结构及实践意义

本文从一个全新的法理视角来阐释从党的十八届四中全会《中共中央关于全面推进依法治国若干重大问题的决定》(以下简称《决定》)提出的“加强涉外法律工作”到党的十九届四中全会《中共中央关于坚持和完善中国特色社会主义制度推进国家治理体系和治理能力现代化若干重大问题的决定》(以下简称《决定》)确定的“加强涉外法治工作”政策术语演变背后的法理依据,并对作为习近平法治思想核心要义之一的“坚持统筹国内法治和涉外法治”的法理内涵进行了创新意义上的解读,其基本分析方法就是打破了传统法理学使用的法律关系概念的逻辑界限,用法理内涵和外延更加丰富的法治关系的概念来分析“统筹”国内法治和涉外法治关系中的各种法律问题,主张应当把制定法规则与法律秩序效果有机结合起来综合性地判断一个主权国家的法治状态,不能仅仅将研究视野停留在制定法规则占优势的传统法理上。本文在分析法治关系概念的建构功能时指出,在涉外法治关系体系中,法治关系的构成要素至少应当分为九个方面,包括法律规则要素、法律关系主体要素、法律关系客体要素、法律关系内容要素(主要是权利义务关系)、法律关系时空要素、法律关系手段要素、法律关系目的要素、法律关系效力要素和法律关系秩序要素。上述九个方面的法治关系构成要素只要其中一个类型的要素中包含“涉外”因素,那么,这种法治关系就具有了“涉外法治关系”的特性,就必须从整体上来协调法律关系中的法律规则与法律秩序之间的价值要求,统筹基于传统法律关系理论形成的“国内法治”与根据法治关系理论产生的“涉外法治”,以具有实效性的“法治”价值来保证涉外法律工作的制度化、规范化,不断提高涉外工作法治化水平。

法律权力概念辩疑

权力是法律主体通过实施法律所规定宣告式言语行为、从而产生法律地位的资格,这里的法律地位与宣告式言语行为所包含的意愿相一致。法律权力概念具有普遍性,并非是由公法所专享的概念。法律权力既可以改变法律主体自身的法律地位,也可以改变他人的法律地位,且不以他人的同意为必要条件。法律权力具有构成性,它的核心在于使得行为人的意愿产生与之一致的法律地位,而不在于对行为人表达该意愿的行为加以规制。法律权力即便有时可以作为法律权利的构成因素,也不能将之视为法律权利的特殊形态,两者的内涵具有明显的差别。