The Relationship between Civil&Commercial Law and Economic Law in the Context of the Market Economy

Both civil&commercial law and economic law are the main legal basis for supervising market behavior and regulating market order.They are indispensable laws in the national economic development and construction.By analyzing the relationship between civil&commercial law and economic law in the context of market economy,this article explores the similarities and differences between,and through the perfection and application of the two,China’s social and economic stability and a lasting progress can be better realized under the mechanism of market economy.

The Dynamic System Theory of Legal Protection for Personal Information Rights Infringement

The advent of the big data era has presented unprecedented challenges to remedies for personal information infringement in areas such as damage assessment,proof of causation,determination of illegality,fault assessment,and liability.Traditional tort law is unable to provide a robust response for these challenges,which severely hinders human rights protection in the digital society.The dynamic system theory represents a third path between fixed constitutive elements and general clauses.It both overcomes the rigidity of the“allor-nothing”legal effect evaluation mechanism of the“element-effect”model and avoids the uncertainty of the general clause model.It can effectively enhance the flexibility of the legal system in responding to social changes.In light of this,it is necessary to construct a dynamic foundational evaluation framework for personal information infringement under the guidance of the dynamic system theory.By relying on the dynamic interplay effect of various foundational evaluation elements,this framework can achieve a flexible evaluation of the constitutive elements of liability and the legal effects of liability for personal information infringement.Through this approach,the crisis of personal information infringement in the era of big data can be mitigated,and the realization of personal information rights as digital human rights can be promoted.

A Legal and Economic Study of Cooperation among the BRICS Countries under BRI

With the advancement of economic globalization and regional economic integration, the BRICS countries – Brazil, Russia, India, China and South Africa – by means of the BRICS countries cooperation mechanism, demonstrate a new platform of cooperation, dialogue and the shared aspirations of emerging market countries. The BRICS have created a new model of international economic cooperation which has made significant contributions to the global economic recovery. This article discusses the reality of the BRICS countries' economic cooperation, analyzes their obstacles and deficiencies and puts forward relevant countermeasures and suggestions to further improve their international economic cooperation in perspertive of law and economy.

Some Thoughts on Lawyers and Legal Construction

To construct the rule of law, we can not only rely on the legal system itself but also should we take good use of the legal person＇ s active participation in the building process, which would be the driving force. Only the static legal system itself can not nile out the presence of ruling of man and something like unjust privilege. However, legal person＇s dynamic involving in the conslluction of rule of law, by means of legal person＇s constraints to the person of rule of man, can effectively protect citizens＇ legitimate rights and interests, by what we can achieve the maximum degree of eliminating social injustice as well. There is no doubt that the lawyer is just the Sllong force that above-mentioned who promotes the process of legal construction to develop better and longer.

Some Thoughts on Lawyers and Legal Construction

To construct the rule of law, we can not only rely on the legal system itself, but also should we take good use of the legal person＇s active participation in the building process, which would be the driving force. Only the static legal system itself can not rule out the presence of ruling of man and something like unjust privilege. However, legal person＇s dynamic involving in the construction of rule of law, by means of legal person＇s constraints to the person of rule of man, can effectively protect citizens＇ legitimate rights and interests, by what we can achieve the maximum degree of eliminating social injustice as well. There is no doubt that the lawyer is just the strong force that above-mentioned who promotes the process of legal construction to develop better and longer.

Relativity of Environmental Rights:On Justification of Purposive Environmental Rights

Environmental rights in the early days,as a product of the combination of environmental crises and the ideas of human rights,had a tendency toward being considered absolute.Absolute environmental rights are of enlightening significance in the context of“existing problems in the absence of a system.”However,absolute environmental rights only consider environmental protection while excluding social and economic interests,and therefore cannot be exercised in legal practice.Legal practice now recognizes relative environmental rights that coordinate environmental protection and social and economic development.Given the ambiguous content of environmental rights,it is inappropriate to use external restrictions,and only internal restrictions can be applied.The content of environmental rights should be changed to take into account social and economic factors,and the inevitable result of the change is the shift from absolute environmental rights to relative environmental rights.The legislative purpose of environmental laws in various countries is the dualism of purpose that coordinates environmental protection with social and economic development.The dualism of purpose dovetails with relative environmental rights,and environmental rights should be positioned as purposive environmental rights in environmental law.

Remedies for loss and damage caused by climate change from the dimension of climate justice

Adverse consequences to the ecological system and human health caused by impacts potentially attributable to climate change have already drawn great and widespread concern of many scientists and international organizations.However,we still have a hard time determining exactly the impact of climate change on the environment or the damage that climate change inflicts on countries comprising small islands or low-lying lands in light of today's science and technology.The progress for dealing with the issue of loss and damage has been struggling for a long time from the beginning to the present.In this paper,the author begins by summarizing talks on the concept and the positions of commentators.The author is proposing that the development of future climate negotiations and rule-making process be based on global climate justice as a standard for measuring value.Also,the author proposes that a holistic view of climate justice be established.Generally,three aspects of climate justice can be derived.First,the dimension of human rights protection shows that protection of fundamental human rights is a logical precondition if small-island and low-lying countries are able to achieve climate justice.Second,the definite and traditional concepts of distributive justice and corrective justice hold the view that the principle of common but differentiated responsibilities should be upheld as a basic standard of allocating rights and duties associated with climate change.Third,climate justice requires that any state follow the "no-harm principle," which is regarded as an international customary rule.According to the principle,the obligation of states to prevent the use of their territory for causing trans-boundary harm to the environment shall be a violation of state responsibility,which incurs international punishment.Then we put forward three remedial approaches in light of climate justice,including the approach of State Responsibility(SR) based on the principles and rules of international human rights law and international environmental law.Based on clear rules,the judge can determine whether the damaging behavior or the damage perpetrated by a state party constitutes a state responsibility.The International Environmental Regulation(IEB),which means solving the problems within the framework established by the Conventions on Climate Change,takes advantage of the market mechanisms and incentives such as fund and insurance support system to relieve or compensate the loss and damage.International Environmental Dispute Settlement Mechanism(IEDSM),which includes the means such as consultations,negotiations,nonmandatory ways and international arbitration,international judicial ways to solve these disputes,functions as a procedural safeguard.As an active promoter of global climate governance,China should no doubt stand by the principle of Common But Differentiated Responsibility(CBDR) and take it as a basis for negotiations,actively strengthen the work of South-South cooperation,fulfill her international climate commitments without reservation,vigorously develop a low-carbon economy,and actively promote international negotiations on the subject of loss and damage.

Analysis of Secondary Separation of China's Rural Land Rights from the Perspective of Analytical Jurisprudence

China's rural land rights are incomplete in structure of land rights and functions due to status restriction. Settling dispute and problem of status in rural land right and function structure is of great significance for determining and guaranteeing subjects of rural land rights. The point connecting and solving rural land circulation issue is demonstration and settlement of status. Separating the status right from rural land property right,namely the secondary separation of right,is to realize such purpose. Currently,China's rural land right is a bundle of rights,not the right described in property pedigree in strict sense. Using theory of rights of Hohfeld,this paper discussed and analyzed legal relationship of secondary separation of China's rural land rights,in the hope of realizing real return from practice to theory and to practice again.

From statistics to grids:A two-level model to simulate crop pattern dynamics

Crop planting patterns are an important component of agricultural land systems.These patterns have been significantly changed due to the combined impacts of climatic changes and socioeconomic developments.However,the extent of these changes and their possible impacts on the environment,terrestrial landscapes and rural livelihoods are largely unknown due to the lack of spatially explicit datasets including crop planting patterns.To fill this gap,this study proposes a new method for spatializing statistical data to generate multitemporal crop planting pattern datasets.This method features a two-level model that combines a land-use simulation and a crop pattern simulation.The output of the first level is the spatial distribution of the cropland,which is then used as the input for the second level,which allocates crop censuses to individual gridded cells according to certain rules.The method was tested using data from 2000 to 2019 from Heilongjiang Province,China,and was validated using remote sensing images.The results show that this method has high accuracy for crop area spatialization.Spatial crop pattern datasets over a given time period can be important supplementary information for remote sensing and thus support a wide range of application in agricultural land systems.

Regulating Crossing Border E-commerce by SC

Crossing border e‐commerce develops rapidly because of e‐commerce development.There are three typical modes of crossing border e‐commerce,and they are B2B(business to business),B2C(business to customer),and C2C(customer to customer).With the development of social network,a new mode called C2C cross‐border e‐commerce by SC(social commerce)is occurring.This new kind of e‐commerce has several advantages,like high trust between seller and customer and personalized consumption for customers.But there are still some problems of C2C cross‐border e‐commerce by SC,which are tax evasion and no rule to regulate.To solve these problems,several measures should be taken into account.In the area of Customs Law,it should refine the standard of luggage and post package taxation.The Custom should strengthen supervision for international post package.To deal with the problem that there is no law to regulate C2C cross‐border e‐commerce by SC,Contract Law is suitable before the E‐commerce Law enacts.

Legal Value of the Demand Overflow Theory

So many legal issues can be handled in public interest method. As some commentators have pointed out, the public interest is an ancient and new topic. It＇s a highly abstract prone to ambiguities and shortcomings of the concept. And it＇s also a basket that strange, confused and can not be discarded. Even critics simply deny the existence of public interest and regard the public interest as a myth. As it＇s difficult to define the public interest from political perspective, a democratic theory, legal perspective a theory of law, economic perspective a public choice theory, philosophical perspective a public philosophy, and other common perspective. The paper explores the law theory of public interest from the framework of the overflow theory and the perspective of the concept function, and provides an easy to use identification method of public interest for the judicial practice and administrative practices.

Legislation to Regulate the Working Hours and Labor Intensity of Practitioners in the Platform Economy

Under the employment model of online car-hailing platforms,the extension of working hours and increase of labor intensity for practitioners are driven by the orders from these platform companies and labor-related third parties.Also,they are more attributable to the internal driving force of practitioners themselves who hope to have more orders and earn more.It is impossible to apply the regulation system of the existing labor law to protect the rights and interests of employees in terms of working hours and labor intensity.The author suggests that the state should make special labor legislation to make the following targeted provisions:Online car-hailing platform companies and labor-related third parties that implement labor management and control over practitioners shall,on the premise of abiding by labor standards and industry rules,set various reasonable indicators of working hours and labor intensity through rules and take effective technical measures to control these two dimensions,so that practitioners can avoid serious overwork.Besides,by encouraging the provision of certain convenience for practitioners to take intermittent breaks,jointly building a compatibility system for different online car-hailing platforms,and establishing relevant operating rules,we can restrain practitioners from being seriously overworked.This is actually a multi-cooperative boosting legislative regulation approach.

Rights Basis and System Building of Occupational Injury Protection for Employers in New Business Forms

Employees in new business forms face higher occupational injury risks and the plight of“falling in the gap in the protection network”of work-related injury insurance.The existing three types of occupational injury protection models are based on the reflection and reform of traditional occupational injury insurance.The readjustment path of occupational injury insurance is the most desirable among them.Occupational injury protection for employees in new forms of business is based on the concept of human rights protection,with the right to equality,social insurance and occupational safety and health as the direct basis.The top-level design of the system should be based on the appropriate“decoupling”of work-related injury insurance and labor relations,and rely on the technological empowerment of the digital age to explore the establishment of a work-related injury insurance system that is both mandatory and flexible.For the specific system building,in the dimension of mandate,the commercialization of benefits payment should be realized while expanding the statutory coverage of work-related injury insurance;while in the dimension of flexibility,it should be based on the characteristics of employees.Corresponding rules and regulations should be adjusted in terms of management model,work-related injury identification,and treatment calculation and payment.

法治化营商环境背景下数据要素流通交易的困境纾解

在数字经济时代,数据要素合规高效流通交易构成法治化营商环境建设的关键环节,有助于推进新质生产力发展。在实践中,我国逐渐总结出政策引导先行先试、激活数据要素商业价值、活跃数据要素场内交易等先进经验。然而,数据要素流通交易仍遇到数据要素确权、定价、存储和交易等方面的瓶颈,一定程度上影响营商环境建设。为此,有必要重塑数据要素的价格形成机制,完善数据要素收益再分配机制,通过政企合作增强数据保障,不断健全数据要素市场流通交易合规制度,充分发挥我国海量数据规模与丰富应用场景优势。

ON INDISPENSABLE PREMISES FOR CHINESE CITIZENS TO INITIATE CIVIL PUBLIC INTEREST LAWSUITS

In the light of the judicial practice data in recent years,the three authorized case-filing entities(the related administrations,non-governmental organizations and the people’s procuratorates)have failed to provide adequate and thorough litigation protection for the relevant public interests.Under the joint influence of‘government failure’,‘voluntary failure’,‘market failure’and‘legal institution failure’,for the cause of providing better and more sufficient protection for civil public interests,our legislators should reserve opportunities and leeway for citizens to file those types of litigations.Moreover,as a matter of fact,citizens have already made full use of the existing system to file cases involving public welfare to the people’s courts and ultimately prevailed in their trials.

The Function and Realization of Labor Rights in the Labor Code System

Abstract:The fundamental right-based and human right-based nature of labor rights forms the subjective and objective theory of labor rights.The derived objective protection function and subjective realization function constitute the theoretical basis of the labor code system.The objective function of labor rights requires the labor code to provide corresponding institutional guarantees,while the subjective function demands that the code ensure the full realization of labor rights.The dual functions of labor rights are reflected in the structural framework and content logic of the labor code separately:on the one hand,labor rights can serve as the structural thread for narrating and systematically organizing the labor code,with the specific types of labor rights protection and functional systems jointly forming the framework of the code;on the other hand,the content arrangement of the labor code is guided by the value of realizing labor rights,explor-ing the pathways for the code’s realization of labor rights in different situations.

《民法典》中“虚假意思表示规则”的解释重构与体系定位

The post era of the Civil Code of the People's Republic of China(hereinafter referred to as the Civil Code) means that the research paradigm of C hinese civil law has shifted from ‘legislation theory’ to ‘interpretation theory’.1 It has become the direction of Chinese civil law research to gradually explore the important value of legal interpretation and application in the operation of law and gradually construct the framework of Chinese legal doctrine.

著作权法中的“使用者权”评析

在著作权法学界和国外司法实践中出现的“使用者权”试图将著作权的限制与例外上升为作品使用者的一项具有可诉性的权利。使用者权的提出虽然反映了著作权扩张背景下保护使用者利益,防止公共领域受到过度限缩的希冀,但此种权利不应被创设。理由在于:第一,合理使用等著作权的限制与例外制度无法在解释论上获得权利的身份;第二,在国外判例中,使用者权的修辞性质大于实际效用;第三,使用者权的立法论缺乏充分的立法事实论证;第四,网络环境中著作权人错误通知的侵权责任无法被扩张为使用者权一般性的救济方式;第五,著作权人恶意诉讼的现象并无必要通过创设使用者权进行规制。对于使用者利益的保护,应将视角转向司法中的个案平衡,辅以消费者权益保护法的外部资源,而非贸然创设新兴权利。