The Protection of Right of Minors to Express Their Opinions in Family Litigations

The right of minors to express their opinions in family litigations refers to minors,who have a certain degree of mental capacity and assertiveness,having the right to express their opinions on the arrangements or decisions related to themselves when the courts handle familial litigation cases involving their interests,and to request the courts hear their opinions.In essence,the right of minors to express their opinions in family litigations belongs to the basic procedural rights of minors as well as judicial beneficiary rights.As for the protection of the right of minors to express their opinions in family litigations,recognizing the status of minors as independent subjects of rights is the logical premise,the procedural guarantee for the rights of the substantive parties involved is the direct cause,and ensuring the best interests of children is the fundamental reason.In order to protect the right of minors to express their opinions in family litigations,China should standardize the mechanisms for judges to hear the opinions of minors directly,improve the mechanisms for family investigators,and establish mechanisms for representing the interests of minors.

On Positioning and Selection of Mediation and Judgment

The relationship between mediation and the judgment directly affect the practical effects of judicial power operation,and have important influence on judicial practice. Mediation and judgment have been contradicting each other for a long time,which is the result of the social situation,national policies and other factors intertwined. Practically the alienation of the relationship between mediation and judgment,such as phenomenon of attaching more importance to mediation and less importance to judgment,arbitrary application of mediation,as well as failure to give full play to the due function of mediation and judgment,have deep social reasons,and lead to certain degree of harm. Both mediation and judgment are important means to effectively resolve disputes,with functional complementation of mediation and judgment. Meanwhile judgment serves as an important guarantee for mediation to function. Therefore,to realize scientific selection based on combination of mediation and judgment,it must adhere to classification management over applicable scope of mediation and judgment,application conditions of mediation and judgment,timing of applying mediation and judgment,and supporting mechanismfor scientific selection of mediation and judgment.

Human Rights as Unique Rights——an analysis of Raz's Political Concept of human Rights

The practice of international human rights has led to the development of the political notion of human rights in contemporary times and triggered the theoretical reflection on"what are human rights"The natural rights view,which is based on human nature,regards human rights as universal moral rights owned by everyone against all others.holding a different perspective from the natural rights view,Raz,the representative of the political notion of human rights,bases his view on the political function of human rights in restricting national sovereignty in international practice and defines human rights as the legal rights enjoyed by everyone against the country since the end of the World War ii,which should be enforced by fair and reliable international institutions.Unavoidably,Raz’s concept of human rights has been subject to questioning and criticism by natural right theorists.The controversy around Raz’s concept of human rights shows that:on one hand,the Western academic circle has not readied a basic consensus on the understanding of human rights based on international human rights practice;on the other hand,it deeply reveals the theoretical need for the international community to reach a basic consensus on international human rights practice in the historical context of the changing international legal order.

The Path Evolution for Chinese Modernization of the Rule of Law

The Communist Party of China(CPC)has created a new path for Chinese modernization and a new form of human civilization while leading the people in advancing a great social transformation.Chinese modernization of the rule of law is an integral part of this new path.With a high degree of historical initiative and consciousness,the CPC has solidly grasped the basic regularity of China's legaldevelopmenttbased on actual national conditions,and has successfully pioneered,upheld,and expanded Chinese modernization of the rule of law.Legal construction during the New-Democratic Revolution hasreflected theearly exploration of Chinese modernization of the rule of law.The development of the rule of law during the period of socialist revolution and construction has laid a preliminary foundation for the formation of Chinese modernization of the rule of law.The new great social transformation of reform and opening up has further promoted such modernization.The construction of a law-based China in the new era of socialism with Chinese characteristics marks a further expansion and deepening of modernization.Therefore,Chinese modernization of the rule of law is rooted in the Chinese land,conforms to the characteristics of China,and draws on the excellent achievements of the world's legal civilization.It encapsulates profoundhistorical,theoretical,and practical logic,and has created a new model of modernization of the rule of law in a civilized society.

SPACE, IDENTITY AND THE RULE OF LAW:REFLECTIONS ON THE STUDY OF REGIONAL RULE OF LAW IN CHINA

I. INTRODUCTION On Chinas road to the rule of law, the legal system plays an important role. With the development of Chinese massive legislation from 1978, the legal system is more and more comprehensive and established. However, with the number of laws increasing, the problems about the efficacy spring up, especially when we enforce the same law in different spaces. The reasons are very complicated. In the old days, we always think that the rule of law is general and universal, ignoring that in different spaces there may be different connotations and understandings about it. If we think that Chinas rule of law is only pushed by the government especially the central government but not a sort of practices in which everyone participates, we may misunderstand the complexity of the rule of law in China. Actually, if we transfer our angle of view from abstract doctrines of the rule of law to the concrete practices, we can find a lot of helpful information which helps us to understand the rule of law properly.

论中国式行政法治现代化的内在逻辑

中国式行政法治现代化是中国式法治现代化在行政法治领域的集中体现和深入展开,有着深厚的内在逻辑。中国式行政法治现代化是中国共产党人继承弘扬中华优秀传统行政法律文化,深刻反思近代中国行政法制发展进程,总结运用党领导人民依法行政实践经验,成功开创、推进和拓展的行政法治发展新道路,具有鲜明的中国特质。中国式行政法治现代化是中国共产党人在中国化时代化的马克思主义法治理论指引下,准确把握中国行政法治的根本保证、理论基础、价值取向等重大命题,成功开创、推进和拓展的行政法治发展新道路,具有科学的理论要义。中国式行政法治现代化是我们党领导人民进行政府治理革命的实践产物,生动展现了中国特色社会主义行政体制以及职责明确、依法行政的政府治理体系的建设成果,高度彰显了党领导法治建设的根本优势,具有强大的实践伟力。在世界行政法治现代化潮流中,中国式行政法治现代化以其深厚的历史逻辑、理论逻辑和实践逻辑,为人类探索政府治理提供中国法治方案。

COMMON TREATMENT OF RULE AND REGIONAL GOOD GOVERNANCE IN CONTEMPORARY CHINA

The proposition of good governance is an important turning point of the concept of social governance. Its elements are multiple and controversial, while its basic elements include legitimacy, participation, response, and justice. The realization of good governance is also the process of the actualization of these elements. From the rule system of social order governance, good law and good customs are like two indispensable wings of the realization of good governance. Regional good governance is the basis and precursor of the realization of national good governance under the circumstance that the regions within one country suffer from unbalanced development in economy, society and other factors. From the rule system of social order governance, the shared governance of good law at the national level and good customs at the social level is the important basis for the realization of regional good governance.

GOVERNMENT REGULATION AND LABOR-CAPITAL AUTONOMY IN LABOR RELATIONSHIP:FROM THE PERSPECTIVE OF THE COURT REASONABLE REVIEW OF LABOR RULES AND REGULATIONS

The relationship between government regulation and labor-capital autonomy which are two kinds of adjustment measures in the labor relationship has always been a problem for the scholars.The promulgation of the No.18 guiding case has inspired the scholars to think about the court's reasonability review of the labor rules and regulations.And the essence of this issue is the game between government regulation and labor-capital autonomy.The relationship between government regulation and labor-capital autonomy is not a competition,but a kind of relationship of harmony and cooperation.The government should focus on regulating the benchmarks of labor-capital and fully respect the autonomy between employees and employers in other fields.The court also should only review the legality of the labor rules and regulations and the reasonability of the provisions which define the boundaries of labor benchmarks.In addition,the court shall fully respect other contents of the labor rules and regulations.

ON THE PROCEDURAL GUARANTEE OF THE ASSIGNEE UNDER THE PRINCIPLE OF PARTY CONSTANCY

In civil procedure,the procedure guarantee of the transferee under the principle of party constancy includes the pre-suit procedure protection,the procedure protection in the lawsuit and the procedure protection after the lawsuit.The pre-suit procedure guarantee is to protect the assignee’s right to know the litigation.Therefore,China should stipulate such systems as the assignor’s obligation for notification of litigation,the duty of notification of the court,and the registration system for the period of pending action.The procedure protection in the event lies in the right of hearing the request of the assignee in the action.There are two ways of procedure protection in the event:First,under certain circumstances,the court may determine the assignee to undertake litigation.Second,as the third party without independent claim,the assignee is allowed to carry out the civil action independently,even if it conflicts with the assignor.The procedure protection after the event is to protect the assignee to obtain relief after the lawsuit.

THE DEVELOPMENT OF CHINA’S LEGAL REWARD SYSTEM OVER 70 YEARS:HISTORY,SCALE AND ENLIGHTENMENT

China’s legal reward system has developed over 70 years,undergoing five stages:start-up,silence,recovery,prosperity,and renewal.It has exhibited remarkable achievements and scale characteristics in the areas of content,region and systems.The development of the legal reward system over 70 years represents not only great achievements in the construction of the rule of law in China but also the accumulation of experience,support and theoretical enlightenment,the achievement of system confidence,and the realization of modernization under the rule of law.The rapid development of the legal reward system will surely be an important force in advancing the construction of the rule of law in China and modernizing the governance system and governance capabilities of the country.