System Improvement of Judicial Procedure in the Progress of Social Legal System Construction

Judicial procedure,as a legal method to exercise the jurisdiction,has become an important element of the legal system construction.To improve the judicial procedure,legal procedure must be strictly complied with to complete the proceedings and the legitimate interests of the entities of the parties concerned and participants must be respected and protected.The reform of the judicial procedure system shall be strictly promoted and orderly carried out through scientific and reasonable setting,positive guidance in equal participation of both parties of the proceedings while making use of the security mechanism of supervision and restriction.

The Progress,Challenges and Countermeasures of the Labor Contract Law

It is necessary to protect the interests of laborers without sacrificing the authority of the Labor Contract Law,as well as actively reducing the burden of enterprises to help them tide over their difficulties,and safeguarding the sustainable development of enterprises,thereby protecting the long-term interests of laborers.

A Comment on the ESCR Committee's Consideration of the Second Chinese Report

The ESCR Committee considered China's second Report on the Implementation of ICESCR on May 8, 2014. During the last reporting period, China had made tremendous achievements in such areas as the formulation of a National Human Rights Action Plan, abolition of the Re-education Through Labor(RTL) system, implementing the right to social security and free compulsory education. In the consideration, the ESCR Committee raised old issues such as establishment of a national human rights institution, direct domestic application of the ICESCR and trade union rights as well as new ones such as human rights protection in international development or investment projects in developing countries. Nevertheless, the ESCR Committee also made a few recommendations that are not entirely appropriate, including abolition of the household registration system and family planning policy. Meanwhile, the Chinese delegation committed a few inaccuracies in describing the Chinese legal system.

The Path and Reflection of the Right to be Forgotten in China

With the development of the internet, the right to be forgotten recognized by the EU has gradually entered the research field of Chinese academia. Since then, Chinese scholars have analyzed the necessity and feasibility and also the possible ways in which the right to be forgotten might be safeguarded. However, the argument of the right to be forgotten and its path deserve to be further discussed. The right to be forgotten is not a solution to the violation of personal information in China because our domestic systems and practices have allowed individuals to delete online information and the construction of the forgotten right with the right of personal information as the core may hinder the development of the Internet. This article suggests that the introduction of the right to be forgotten should follow China’s national conditions and should be constructed with privacy as the core in the system design, and the content should further clarify personal data. The subjects of data should be differentiated in specific implementation and the scope of application should encompass the criminal field.

Algorithm Regulation Under the Framework of Human Rights Protection——From the Perspective of Toronto Declaration

The application of artificial intelligence algorithms in public services brings with it issues such as algorithmic discrimination and inequality.The discussion of the ethics and regulation of algorithms,from the legal perspective,is actually the relationship between intelligent algorithms and the protection of human rights.In response to the discrimination and prejudice of algorithmic violations of human rights,a coalition of nonprofit organizations released the Toronto Declaration on Machine Learning regulates the development and use of algorithms with the principle of"due process."The Ethics Guidelines for Trustworthy AI issued by the European Union in 2019 focus on the participants in algorithm development.While US courts that the algorithms enjoy the right to"freedom of speech".China should learn from the foreign algorithm regulation experience,and seek to establish an overall framework of government regulation that balances the need for technological innovation and commercial competition with human rights protection.

The Pathway to Legitimacy and Universality of Human Rights from a Cross-Cultural Perspective——A Brief Review of An-Na'im's Theory of Human Rights Legitimacy and Dialogue

Within the international human rights circle,Abduliahi AhmedAn-Na’im is regarded as a representative of Southern voices."Under such a circumstance that the confrontation between the West and non-Western countries on human rights has become a routine reality,An-Na’im advocates a contingent universality of human rights or"contingent universality of human rights,"and insists that the universality of human rights be based on the cultural legitimacy of human rights.While he sees the internal dialogue of human rights in all non-Western countries,including Islamic ones,as a basic way to ensure the international human rights standards be accepted gradually,he also believes the cross-cultural dialogue among different societies can eventually lead to the reconstruction of the legitimacy of international human rights standards or even the standards themselves.An-Na’im’s theory of moderate cultural relativism points a way to achieve universality of human rights for developing countries,but there are a few questions that need to be further addressed.

Foreign-invested Companies are Self-willed or China's Antitrust Law Enforcement is Prejudicial?

It is the ninth year for China to implement the Antitrust Law and the law enforcement has been seeing plenty of new measures,which helps the Law keep improving.Since the year of 2014,the antitrust law enforcement division of the State Council has disclosed a series of sensational antitrust investigation cases and the foreign-invested companies serve as a target among these cases.For instance,the"

Multinationals in China Must Operate According to Law

A few months ago,the Glaxo SmithKline(GSK)China bribery allegations have sent shockwaves through the country’s pharmaceutical sector,stirring uproar both in China and overseas.On July 11,2013,the Ministry of Public Security in China officially opened investigations into the suspected economic crimes of some of GSK’s senior executives.The company was accused of bribing,in cash or other benefits,gov-

Pollutant emission reduction effect through effluent tax,concentration-based effluent standard,or both

There are numerous studies comparing different kinds of environmental taxes and standards.However,forms of environmental standards focused by former researchers are usually quantitybased limits/standards(e.g.pounds per day or pounds per unit of output).Concentration-based emission standard(e.g.milligrams per liter of wastewater) as one important form of environmental standard has not been given much attention.In this article,comparable estimates of their probable effect on enterprise pollution reduction will be developed for concentrationbased effluent standards,effluent taxes,and a combination of both.A linear simulation model is used to clearly and obviously compare the effects of effluent taxes and concentration-based standards within the same figure.With one detailed application to the paper industry,some enlightenment and conclusions-as well as the general applicability of these principles-are then provided:Under the same effluent tax rate,enterprises,groups,and industries that are cleaner will reduce more pollutants than those that have higher pollutant abatement costs.It is recommended that effluent taxes are set by avoiding cutting it even at one stroke and considering the feasibility of pollution-reducing technology in various industries.It is necessary to reduce MAC of enterprises to better stimulate enterprises' or industries' emission reduction by preferential measures,such as high tax rate coordinated by speeding up the depreciation of environmental protection equipment.

The Changing Mode of Legal Regulation of Labor Relations in China

当前,我国对劳动关系的法律调整总体上实行整齐划一的单一调整模式,劳动法对所有劳动者实行＂一体适用、同等对待＂。这种模式产生了诸多问题。现实中,由于用工形式不断发展以及劳动者＂从属性＂的弹性,雇员类型表现出多样性,除了典型雇员,还存在从属性较弱的＂类似雇员的人＂以及其他特殊雇员。为此,应更新劳动法的立法理念,在坚持劳动者是弱势群体的前提下,根据具体场景,考察不同类型雇员的差异,进行相应的规则设计。在立法技术上,应打破传统的针对所有劳动者的综合立法模式,向针对特定类型主体和特定事项的专门立法模式转变。应摒弃传统的劳动法规则＂全部适用＂或＂全不适用＂的陈旧模式,对雇员进行类型化处理,为类似雇员的人、特殊雇员以及特殊雇主的雇员提供特殊规则,实现劳动关系法律调整模式从一体调整向分类调整和区别对待转变。

SPECIAL ISSUE： ANTI-CORRUPTION STRATEGIES IN TRANSITIONAL CHINA-- China＇s Anti-corruption Strategies from the Viewpoint of Criminal Justice

腐败案件的高发案率是中国当前所处的社会转型期的突出特点。为了适应治理腐败犯罪的需要，中国刑事司法形成了一整套独具特色的侦查体制、办案原则，并且注重依靠群众查办腐败案件，注重打击重点的随时调整。中国刑事司法注重提高腐败案件的侦查能力和加强反腐败刑事司法的规范化建设等，这是中国反腐败策略在刑事司法领域的具体体现。同时，中国在反腐败刑事程序如何与国际公约对接等方面面临着一些挑战，这也指引着中国刑事司法改进的方向。

On the Legal Attributes of Digital Currency

Digital currency has been widely used ever since the concept of Bitcoin was formulated.It uses blockchains as its underlying technical support and is characterized by decentralization,programmability,and security verification based on the principles of cryptology.Generally speaking,theories on the legal attributes of digital currency regard it either as nonmonetary property or as currency.The former theory can be subdivided into theories on digital currency as commodity,as securities or as data.All of these subdivisions present insurmountable theoretical difficulties and practical obstacles.If we return to the substantive nature of currency as a generally accepted accounting symbol,it can be seen that currency issuance by the state or a private bank is simply a means of building currency credit rather than a necessary condition.Unlike traditional currency,digital currency relies on blockchain technology to complete the construction of decentralized currency credit.This has resulted in a new theory of currency based on the theory of digital currency.On the one hand,it offers a jurisprudential foundation for the construction of the quasi-currency attributes of digital currency;on the other,it provides a theoretical basis for the gradual improvement of digital currency legislation.We can first determine the legal attributes of digital currency as a quasi-currency and then confirm its legal position when the time is ripe.We need to confirm the legal status of digital currency as a quasi-currency through legislation,and use this as a logical starting point for the construction of a series of legal systems for digital currency as a quasi-currency.Digital currency can easily be used as a tool for crime or for evading financial controls;therefore,we need to determine a regulatory body and formulate regulatory rules.

China Grows Amid Reform

China is now entering a vital stage of economic transformation and industrial upgrading.The Third Plenary Session of the 18th CPC Central Committee in November is expected to start a new round of reform and inject new impetus into China’s growth.

Thoughts on the Judicial Credit Constraints and Countermeasures

Judicial credit is closely correlated with the relief dimensions of human rights.Improving judicial credit has become an important task of China’s judicial reform and also an important aspect ofpromoting the protection of human rights by the rule of law.Accordingly,to judge the current situation of the judicial credit of people’s courts in a scientific way,find out the existing problems and provide suggestions on targeted measures have become a fundamental topic that combines both theoretical direction and practical urgency.Based on the analysis on the connotation of judicial credit,we make a study on courts’ own factors,awareness of the public towards rule of law,news media communication and other factors that constrain judicial credit,and propose suggestions on how to improve judicial credit.

Reunification Across the Straits

The island of Taiwan had been part of China's dynastic history for almost two millennia.The earliest references that document the development of Taiwan by the Chinese people are found in a book written in the year 230.Starting from the Song Dynasty(960-1279),all imperial central governments of China established administrative bodies to exercise jurisdiction over Taiwan China.

构建中国自主的宪法学知识体系

On May 17,2016,General Secretary Xi Jinping clearly pointed out in his speech at the Symposium on Philosophy and Social Sciences that‘Only by taking China’s reality as the starting point of research,putting forward theoretical viewpoints with subjectivity and originality,and building the discipline system,academic system and discourse system with their own features,can China’s philosophy and social sciences form their own characteristics and advantages.’As an important branch of philosophy and social sciences,the system of legal science should also be constructed from three dimensions including the discipline system,the academic system and the discourse system.Diff erent types of legal knowledge should be properly summarized to build a legal knowledge system that can refl ect Chinese characteristics,convey China’s voice,carry forward the spirit of the Chinese nation,and show Chinese manner.

知识产权强制许可中的反垄断法(英文)

知识产权是激励创新的机制,应得到保护;知识产权在市场竞争中又是重要乃至关键的因素,因此会受到反垄断法的制约。各国反垄断法一般不把与知识产权相关的限制竞争看成一个黑白分明的问题,仅当它们成为市场势力的决定性因素,且不合理地严重妨碍市场竞争的时候,才会受到禁止。考察与知识产权相关的限制竞争需进行综合分析:界定相关市场、认定当事人关系、确定当事人市场份额、评估限制竞争条款等等。中国的现行法规还不足以解决与知识产权相关的限制竞争问题,不过中国立法进程已经表明,滥用知识产权排除或严重限制竞争的行为不能从反垄断法得到豁免。

论法律行为生效的“适法规范”——公法对法律行为效力的影响及其限度(英文)

违反强行法的法律行为无效是各国的共同规则,可称为法律行为生效的"适法规范"。强行法应仅指公法上的强行法,私法上的强行法是自治规范,违反它的效力最严重的不过是"不生效"而不是"无效"。违反公法的法律行为是否无效,必须探究公法的目的,并运用比例原则来限制对公法目的的解释,以进一步区分公法责任与私法责任。民法也不能排除地方性法规和行政规章的适用。违法和违反公序良俗的功能截然不同,两者不能统一。

劳动法与小企业的优惠待遇（英文）

中国存在数千万的小企业,其中也包括个体工商户。这些小企业规模小、雇员人数少,在用工上需要更多的灵活性。由于规模小,缺乏专业知识和规范管理,这些小企业很难像大企业一样严格遵守劳动法。中国之外的一些国家和地区,通常在劳动法上对小企业实行一定的优惠待遇,对其豁免劳动法的部分规则。中国可以考虑改变目前相同的劳动法规则同样适用于不同规模大小、雇员人数的所有企业的做法,在劳动合同解除、规章制度制定、合同的订立形式、反就业歧视义务等方面,给予小企业优惠待遇。

《大清民律草案》编纂研究(英文)

根据已有资料和最新搜集所得的资料,本文考证认为;清末编订民律草案是一个艰难而又曲折的过程,主要经历了"修订法律权之争"、"拟订《编纂民法之理由》(草稿)与确定编纂计划"、"开展民事调查与编订民律草案‘条文稿'",以及"编订《大清民律草案》‘说明稿'"。由于清末政治形势日益紧迫,致使当时的修订法律馆不可能按照既定的立法计划进行编订,最终完成的《大清民律草案》也难免存在着一些严重的缺陷。