On the Concept of“Basic Rights and Interests”in Recordation Review

Abstract:The concept of“basic rights and interests”in the re-cordation review system serves as a key to understanding the mixed use of review standards by the review authorities.The essence of the“basic rights and interests”concept is the value foundation estab-lished by the community for individuals,playing a legitimizing role in the actual operation of the state power system.Through the method of“triple abstraction,”the substantive construction of“basic rights and interests”can be achieved.Ensuring the“basic rights and interests”of citizens can effectively fulfill the functional purpose of the recorda-tion review system.The diverse human rights norms in China’s legal system are the formal carriers of basic rights and interests,which can be categorized into four types:human rights norms in policies,human rights norms in the Constitution,human rights norms in departmental laws,and human rights norms in social and cultural consensus.By examining the interactive connections of these diverse human rights norms,citizens’“basic rights and interests”can be organized into such five categories as survival care,democratic participation,cul-tural education,well-being development,and ecological harmony.The protection of“basic rights and interests”depends on the review authorities’application of the“basic rights and interests”concept to conduct mixed reviews of relevant normative documents.The applica-tion method should be based on the principles of integration,effective-ness,entirety,and harmony.

平台灵活就业人员劳动权益保护的立法困境与对策

以人力资源和社会保障部颁布的规范性文件为代表,中国关于平台灵活就业人员劳动权益保护的立法取得了重要的成就,但也存在着程序重于实体、形式重于实质、立法重点与实践需要有所偏离等困境。应以实质公平为理念,促进平台与灵活就业人员的利益平衡,在尊重平台组织管理权力的基础上激励其履行社会责任;合理规制平台的利益分配权和劳动规则制定权,强化平台利益分配和规则制定的公平性;完善社会保险、职业伤害保障和纠纷解决领域的公共产品供给。

论行政公益诉讼中的协同治理原则

行政公益诉讼中的协同治理发生于主要参与主体,即国家公权力行使机关之间,以公共利益保护和客观法秩序维护为协同目标,以治理效能充分发挥为协同旨要,意在形成均衡、共赢的协同行为模式,倍增行政公益诉讼制度效果。以法律原则理论代入,协同治理具备作为一项法律原则的充分理据。依某一法律制度基本原则之认定标准,协同治理原则具备担纲一项行政公益诉讼基本原则的当然资格。作为在行政公益诉讼中生成、实践、提炼而成的原创性准则,应当通过立法确认其基本原则地位,使之具有规范特质,有效指导行政公益诉讼规则体系搭建和制度运行实践。

碳排放权交易制度的权利逻辑与规范进路

当下我国碳排放权交易制度体系正在经历着由政策引领向法治构建的转变。目前碳排放权交易制度行政立法中简单将“权利”与“配额”等同的做法,既无法体现碳排放权所兼具的公法、私法双重特征,也难以有效回应碳排放权交易市场的发展需求以及完善碳排放权交易制度的规范构建。为此,需要构建以碳排放权交易市场为语境、以碳排放“权利”为逻辑主线的碳排放权交易制度,夯实其法治基础并明确其规范进路。从语境与语义出发,“碳排放权”的表述本身就意味着其私法的权利属性。在碳排放权交易制度的理论逻辑层面,双阶理论可以为碳排放权交易制度中“配额”到“权利”的过渡提供理论支撑;在其实践逻辑层面,碳排放权交易制度需要借助“权利”的确立为其交易市场的展开提供法治的基础。最后,考虑到碳排放权权利属性共识不足、碳排放权交易制度结构尚待稳定、权利基础呈现多元特征以及权利来源并非稳固不变等因素,策略上可以考虑暂时搁置碳排放权权属争议,以权益为抓手、以“权益表现—适用规范领域—法律保护方式”为主线,分步骤、分阶段推进碳排放权交易制度的规范构建。

基于POI数据的城市功能识别与分布特征研究——以长春市区为例

长春市是国家新型城镇化综合试点城市,识别长春市中心城区功能,针对当前存在的问题提出对策建议,对城市空间的优化与协调具有重要意义。以兴趣点(Point of Interest,POI)数据及开放街道地图(Open Street Map,OSM)数据为基础,结合核密度分析、实地调查验证等方法,识别长春市中心城区城市功能类型。结果表明:单一功能区中,商业功能区数量最多,居住功能区最少;主导—混合功能区中的商业主导功能区及交通主导功能区形成对商业聚集区与轨道交通系统的重要补充;细分—混合功能区特征显示功能混合程度从市中心向周边逐渐加大。经验证,城市功能识别结果符合长春市实际,由此提出对策建议:未来长春市中心城区应注重多中心发展格局,并加强绿地空间和公共服务设施建设。

“共建共治共享”的乡村治理共同体何以建构

以“共建共治共享”为导向建构乡村治理共同体,是回应新时代中国乡村治理诉求的必然要求,而现实图景的生成,需要从学理上探究其系统建构逻辑,明确其价值意蕴、要素体系与行动框架。顺应乡村治理方向的时代变迁,建构乡村治理共同体,要响应政治价值、社会价值和公共价值,这些价值意蕴促使乡村治理共同体成为提升乡村治理效能的重要途径。乡村治理共同体的核心内涵集中体现在组织、价值、行动、利益等要素的关联契合之中,组织架构、价值理念、行动指向、利益成果可作为乡村治理共同体的建构体系。以价值意蕴的指引和要素体系的支撑为基础,乡村治理共同体建构的具体行动可通过以主体互嵌优化乡村治理结构、以价值融通重塑乡村治理理念、以协同共治完善乡村治理方式、以利益聚合共享乡村治理成果四个方面入手,以乡村治理共同体推进乡村治理的网络化、共识化、协同化和共享化,从而以“共建共治共享”的共同体塑造乡村治理新格局。

声音保护“参照适用”的教义解释

《民法典》第一千零二十三条第二款首次对声音保护采用“参照适用”的准用性立法技术,但是存在操作路径不明确的问题。首先,对《民法典》第一千零二十三条第二款的调整范围展开教义解释,作为参照适用主体的“声音保护”中的“保护”指除“资格确认”外的全部事项,对“声音”应作“声音利益”之理解;作为参照适用客体的“有关规定”不受本章或本编范围之限制。其次,对声音保护可供参引的规范范围进行限缩,可构成触发“参照适用之例外”的“差异性”限于侵权形态差异和保护位阶差异。在涉及“差异性”的场合,宜以《民法典》第九百九十八条为依据实现声音侵权责任的认定,其余归入“相似性”的部分可援引肖像权保护的规定。

Discussion on improving Students'Interests in College English Teaching Class

Interest plays an important role in English learning.Therefore college English teachers should adopt various teaching approaches and methods to arouse students'learning interests in their regular teaching classes.It has been found that using effective approaches certainly helps English teaching.

冷冻胚胎主体性证成及认定规则的建构

体外受精-胚胎移植技术不断完善,给不孕不育家庭带来了福音,然而由于立法的不完善,冷冻胚胎的法律属性尚未明确规定,实践中极易产生纠纷。以人类辅助生殖技术获取的冷冻胚胎,承载着不孕夫妻的情感寄托,基于法律天理人情,应当具有“准主体”和“准客体”的双重法律属性。在对冷冻胚胎的主体性权益受到损害进行认定时,应当以胚胎移植时间作为其权利能力的赋予依据,可以有效地解决“冷冻胚胎究竟是偏物多一点,还是偏人多一点”的问题,不仅有利于统一司法决策,也有助于限制法官的自由裁量权。

论我国当事人适格的判断——兼谈《民事诉讼法》第122条第1项的解释

我国《民事诉讼法》第122条第1项规定的“与本案有直接利害关系”本质上是实体当事人概念,这使得我国当事人适格的研究背景与德日颇为不同。从当事人适格的理论功能看,现有研究将第122条第1项解读为我国当事人适格标准是不妥当的;只有对《民事诉讼法》第122条第1项进行低阶化解释,我国才有探讨当事人适格的理论空间。从文义和体系的角度解释《民事诉讼法》第122条第1项的“本案”和“利害关系”,可以有效降低我国的起诉条件,并创造出当事人适格探讨的理论空间。以比较法上当事人适格判断标准的四个学说为基础,结合我国现代型诉讼的处理模式,可分析并论证管理处分权说作为我国当事人适格判断标准的妥当性。

Effective Ways to Improve Students'Interests in English Classes

Interest is the key role in English learning. Thus, English teachers should take effective ways to raise students'interests in teaching classes. Scientific investigation has proved that using effective approaches certainly helps arousing students'interests in English teaching.

Analysis of Hidden Danger in Farmer's Rights and Interests during Farmland Transfer——An Evaluation of Rights Safeguarding Effect of Farmland Transfer Contract

Taking Shuangliu County,Chengdu City,China as an example,evaluation index system for the rights protection effects of farmland transfer is established contract from three aspects of basic information,transfer agreement and legal safeguards in the contracts.According to the investigation data,weight of evaluation index is determined by both entropy weight and Analytic Hierarchy Process.Comprehensive index method is used to evaluate the rights protection effects of farmland transfer contract in the flat dam,high hill and low hill in Shuangliu County,Chengdu,China.Result shows that the transfer agreement of farmland and the basic information of contract greatly affect the rights protection effects of farmland transfer contract.There are differences in the five indices of the information of the signature of contract,pricing for payment,time limit for farmland transfer,transfer mode of farmland,and use range of farmland transfer.During the farmland transfer in reality,there are three hidden dangers in farmer's land rights and interests,which are the ill-formed transfer behavior,the relatively low income of farmers from farmland transfer,and the quality decline of farmland and difficult full reclamation in transfer period.Based on the evaluation result and investigation data,countermeasures are put forward to improve the rights protection effects of farmland transfer contract.

“What are you interested in?”—A survey on 601 nursing homes residents activities interests

Lack of engagement in activities is a common feature of nursing homes residents. As apathy is the most frequent behavioural disturbance, understanding residents’ interests is a milestone for tailored challenging interventions targeting engagement enhancement. Objective: To depict the activities interests of nursing homes residents. Method: An electronic version of the Test of Interest “TILT” which regroups 40 images of activities has been developed and adapted for the Ipad. Residents were asked to answer by yes or no to the question “are you interested by this activity”, for each activity found interesting, the patient had then to categorize it in either Work/ occupation-Personal-Leisure-Family. Population: A total of 601 residents from 19 nursing homes have completed the survey from March to May 2011. The surveyed nursing homes from the South East of France were comparable of nursing homes figures in France. Results: We interviewed 601 individuals (female, n = 484) aged 85.9 years, out of those, 56% had stayed more than one year in an institution. Nearly half of the population (45.3%) was from 80 - 89 year of age, followed by 36.1% from 90 - 99. The educational background was principally from primary school (36%) and high school (30.8%). Most of the residents were classified has having dementia (35.3%). From the 40 activities presented to each participant, “enjoying a good meal” has been found to be the most interesting activity by 83% of the population followed by “dressing up”, 75.9% and “watching TV”, 75.5%. Female participants reported more interest in place of worship, family pictures and being with grand children then males (p < 0.01). We found that the presence of “dementia” diagnosis” triggered the lack of interest compared to none demented or none cognitively impaired residents (p < 0.01). It was found that participants aged 55 - 69 were more the most interested to do video games (p < 0.05), though this may be interpreted as a positive step toward functional and cognitive rehabilitation program using virtual reality as a mean for intervention.

Safeguarding Maritime Rights and Interests in the New Era: China’s Concept and Practice

As China is ushering in a new era of national development,the global environment is becoming increasingly volatile.Faced with a complex situation in the adjacent maritime waters,the leadership of the Central Committee of the Communist Party of China(CPC),with Comrade Xi Jinping at its core,has put forward a farsighted and important strategic plan to transform China into a maritime power,including a series of concepts and practices specifically intended to safeguard China’s maritime rights and interests in the new era.A comprehensive analysis and summary of these concepts and practices will not only clarify what these rights and interests are,but it also bears theoretical and practical significance to correctly understand the Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era and the Xi Jinping Thought on Diplomacy,and better safeguard China’s maritime rights and interests.

Geo-Social Profile Matching Algorithm for Dynamic Interests in Ad-Hoc Social Network

Among mobile users, ad-hoc social network (ASN) is becoming a popular platform to connect and share their interests anytime anywhere. Many researchers and computer scientists investigated ASN architecture, implementation, user experience, and different profile matching algorithms to provide better user experience in ad-hoc social network. We emphasize that strength of an ad-hoc social network depends on a good profile-matching algorithm that provides meaningful friend suggestions in proximity. Keeping browsing history is a good way to determine user’s interest, however, interests change with location. This paper presents a novel profile-matching algorithm for automatically building a user profile based on dynamic GPS (Global Positing System) location and browsing history of users. Building user profile based on GPS location of a user provides benefits to ASN users as this profile represents user’s dynamic interests that keep changing with location e.g. office, home, or some other location. Proposed profile-matching algorithm maintains multiple local profiles based on location of mobile device.

A Study on China＇s Marine Rights and Interests and Their Maintenance

Marine rights and interests is an important part of national sovereignty, it is also an important part of national interests. At present, the maritime economy and coastline security of China is facing some new situation and challenges. In view of the strategic significance and maritime situation of ocean development, it needs to work out a feasible ocean strategy of China from the need of safeguarding the interests of the whole country urgently. We must establish the maintenance strategies of China＇s marine rights and interests in order to realize the sustainable development of marine fights and interests.

Land system reform should protect farmers' interests

|Editorial Note|Land has become an issue of increasing social concern as demand continues to surge in the midst of economic development,urbanization and industrialization.The crux of the issue is the land regime. China has a unique dualistic land regime under which the land market has not been well developed.Based on a review and commentary of the existing land polices,this article elaborates on the deficiencies inherent in China’s dualistic land rights system and land market and offers policy recommendations for promoting land system reform and market development.This study will help us gain an in-depth understanding of the problems in China’s land regime.

Concept of common interests of mankind in the global environmental protection

The concept of common interests of mankind in the environmental protec-tion spurred -by the internationalized and globalized environmental problems are discussed in this paper. While making challenges for many principles and rules of international law and the traditional conception of national security, the concept does play its role in strengthening the environmental protection. However, it cannot be neglected that diflerent national interests pose an obstacle to the realization of the common interests of mankind in the envirormental protection. The article concludes that whether the concept plays its greater role in the environmental protection will depend on many factors, such as the spread of environmental awareness, the revision of the traditional conception and the balanced development of the world economy.

Migrant Workers' Lack of Cultural Rights and Interests and Government Safeguard Measures

This paper analyses the status quo of migrant workers' lack of cultural rights and interests as follows:the holistic cultural life of migrant workers is scant and monotonous;the cultural facilities provided by the majority of enterprises are critically short;the cultural life of migrant workers has the characteristic of closeness to some extent;the holistic cultural consuming capacity of migrant workers is very low,and they are not satisfied with their own cultural life.This paper puts forward the measures that the government should adopt to make up for the lack of migrant workers' cultural rights and interests as follows:first,it should eliminate discrimination in terms of system,and incorporate migrant workers' cultural rights and interests into the building scope of urban public culture;second,it should establish a variety of free public culture facilities,to adapt to the needs of migrant workers;third,it should formulate various kinds of laws and regulations,to effectively safeguard migrant workers' cultural rights and interests.

Safeguard and Protection of Migrant Workers' Interests from the Perspective of Game Theory

The status quo of the violation of migrant workers' interests is analyzed,the results are not so optimistic.The overall situation of migrant workers' training rights is poor;migrant workers 'rights to enjoy legal holiday are seriously violated;the working conditions and health protection measures are weak;migrant workers' rights to get legal payment are damaged to different degree;the social security mechanism for migrant workers is imperfect and there are still large gap between supply and demand.Combining with the relevant theories of Game theory,migrant workers' interests obtained under the situation of entering right protection organizations and do not entering the organizations are analyzed,the results show that entering right protection organizations is reasonable choice.The positive functions played by the improvement of the reputation of labor union in solving the problems of right protection are proved from the perspective of the Game Theory.Through the analysis on the operational effects of the right protection organizations of migrant workers,it can be detected that the functions of organizations owned by migrant workers themselves is mediocre but the labor union plays an important role in migrant workers' right protection.The protection of migrant workers' interests tends to legalization,so in order to further perfect the right protection of labor union,the labor union should legalize the protection of migrant workers rights.In the end the specific measures on improving the reputation of labor union are put forward.