The Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China responds to the institutional needs of civic education,and supplements the clause of the Criminal Law on protection of citizens’right to educati...The Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China responds to the institutional needs of civic education,and supplements the clause of the Criminal Law on protection of citizens’right to education nuy means of Article 32.Imposing legal responsibility in the form of internal punishments,administrative punishments,and economic compensation have failed to prevent infringements on citizens’right to education.Its role as a"secondary protection law"is the conceptual obstacle that hinders the Criminal Law from effectively intervening in the field of citizens’right to education.The equivalence between the legal interests of people to the right to education and the rights protected by the existing charges in the Criminal Law is the legitimate basis for it to intervene in disputes over the right to education.Based on Article 32 of the Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China,it is suggested to further clarify the prepositional law,improve the liability provisions for the right to education,change the modest and restrained view of the Criminal Law regarding protection of the right to education,and expand the behavior types of Article 32 provided in the Amendment(Ⅺ)in due time.展开更多
故意违反法律显示一件仲裁奖品的犯罪在第 20 款修正案 VI 的结束被提供给人们中华民国的刑法。因为看法严厉地在它申请的含意和范围上被划分,如此的一条罪是可能的被误解。另外,恰当的食物不是可以操作的。法律的违背的措辞不应该在...故意违反法律显示一件仲裁奖品的犯罪在第 20 款修正案 VI 的结束被提供给人们中华民国的刑法。因为看法严厉地在它申请的含意和范围上被划分,如此的一条罪是可能的被误解。另外,恰当的食物不是可以操作的。法律的违背的措辞不应该在一些法律被包括,作为莫测高深的法律用语。费用是冗余的立法的产品,其食物肯定被看作一些空白的纸。罪的创造不尊敬仲裁,并且移开它的怪癖。犯罪的起诉破坏国际仲裁的职业。因此,罪应该被撤消。在诉讼错误地被仲裁的地方,并且伤害被引起的聚会,刑法和另外的法律将用作疗法。展开更多
基金the Key Project supported by the National Social Science Fund,“Study on the Relationship between the Rule of Law and the Rule of Morality”(14AZD135)The Key Project of Philosophy and Social Science Research of Ministry of Education,“Study on Promoting the National Inspection and Supervision Covering all Sectors”(18JZD037)the Postgraduate Scientific Research Innovation Project of Southwest University of Political Science and Law,“Research on the Issue of Criminal Law Protection of Citizens’Right to Education”(2019XZXS-066)
文摘The Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China responds to the institutional needs of civic education,and supplements the clause of the Criminal Law on protection of citizens’right to education nuy means of Article 32.Imposing legal responsibility in the form of internal punishments,administrative punishments,and economic compensation have failed to prevent infringements on citizens’right to education.Its role as a"secondary protection law"is the conceptual obstacle that hinders the Criminal Law from effectively intervening in the field of citizens’right to education.The equivalence between the legal interests of people to the right to education and the rights protected by the existing charges in the Criminal Law is the legitimate basis for it to intervene in disputes over the right to education.Based on Article 32 of the Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China,it is suggested to further clarify the prepositional law,improve the liability provisions for the right to education,change the modest and restrained view of the Criminal Law regarding protection of the right to education,and expand the behavior types of Article 32 provided in the Amendment(Ⅺ)in due time.
基金The present article was finished while Professor SONG Lianbin was visiting Universite Paul Cezanne Aix-Marseille Ⅲ as a scholar. Thanks should be extended to MENG Guowei, CHEN Jinlin, YANG Juan, YANG Lin, HE Zhenxin, CUI Xianglong, WANG Baoshi, LIN Yifei, LU Shangqian, CHEN Xijia, LI Xinyu, etc. for their materials and suggestions. This work was supported by a grant from a major program of Humanity and Social Science Key Base of the Ministry of Education of China named Research into Legal Methodology of Civil and Commercial Judgments involving Foreign Elements (Grant No.08JJD820175), as well as a grant from a major program of the National Social Science Foundation of China named Research into Puzzles and Paths of the Promotion of the Building of the Pilot Free Trade Zone under the Rule of Law (Grant No. 14ZDC016).
文摘故意违反法律显示一件仲裁奖品的犯罪在第 20 款修正案 VI 的结束被提供给人们中华民国的刑法。因为看法严厉地在它申请的含意和范围上被划分,如此的一条罪是可能的被误解。另外,恰当的食物不是可以操作的。法律的违背的措辞不应该在一些法律被包括,作为莫测高深的法律用语。费用是冗余的立法的产品,其食物肯定被看作一些空白的纸。罪的创造不尊敬仲裁,并且移开它的怪癖。犯罪的起诉破坏国际仲裁的职业。因此,罪应该被撤消。在诉讼错误地被仲裁的地方,并且伤害被引起的聚会,刑法和另外的法律将用作疗法。