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.

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.

ON CONTENT AND WAYS OF THE CONSTRUCTION OF CHINA’S BUSINESS ENVIRONMENT UNDER THE RULE OF LAW

In recent years,China’s private economy has encountered some difficulties during its development.It calls for an emphasis on the construction of rule of law to optimize the business environment.A good business environment will definitely help to ease the private economy plights.Jiangsu province has benefited from the construction by improving the rules and policy system of the business environment,innovating the ways of enterprise credit and financing,and creating business environment under the rule of law.However,many problems remain such as the lack of legal support for the innovative measures,the need to improve the level of legalization of grassroots government,the increasing crime of illegal fund-raising and a long way to achieve judicial justice.Therefore,to solve the above problems,this article proposes the content and ways of creating business environment under the rule of law as follows:completing the related legislation to provide rule-based guarantee on top design level,standardizing law enforcement to build a government with good faith under the rule of law,and improving the court’s judicial capacity to promote the business environment under the rule of law.

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.

ON PROTECTION OF THE ENTERPRISE NAME UNDER THE ANTI-UNFAIR COMPETITION LAW:STUDY OF NO.29 GUIDING CASE ISSUED BY THE SUPREME PEOPLE'S COURT OF CHINA

Ⅰ.GUIDING CASES AND QUESTIONS PUT FORWARD Article 5.3 of the Law of the People’s Republic of China for Anti-unfair Competition(the Anti-unfair Competition Law)provides that"using,without authorization,the enterprise names or personal names of others on their own goods,leading purchasers to mistake them for the goods of others"constitutes acts of unfair competition.In accordance with Provisions on Administration of Enterprise Name Registration and Measures for the Implementation of Administration of Enterprise Name Registration,an enterprise name consists of4 components,including the administrative area,the shop name(字号),trade

ON THE PROTECTION OF ENTERPRISE NAME WITH COMPETITION LAW:STUDY ON NO.29 GUIDING CASE OF THE SUPREME PEOPLE'S COURT

I.GUIDING CASE AND PRESENTATION OF PROBLEM S According to subparagraph 3,article 5 of the Anti-Unfair Competition Law of the People’s Republic of China,the behavior of"using without authorization the name of another enterprise or person,thereby leading people to mistake their commodities for those of the said enterprise or person"

STUDY ON THE CIVIL LAW ONTOLOGY OF LIMITATION OF ACTION SYSTEM

L imitation of action is the legal effect of time. The limitation of action system reveals the effects of time on the rights that are not exercised. The limitation of action period is a period in which the legal facts have constituted, and it is the time artificially designed based on the choice of legislative policy. Anti ?morality is an inherent irremovable attribute of the limitation of action system. The legitimacy of the limitation of action system is a product of transcending the anti-morality. Unlike other civil legal systems, the limitation of action system is established to ensure the law maintains the new order of fait accompli by eliminating or restricting the rights of right holders. This new order is created by legal imagination. It is doomed to be eliminated due to the gap between the new order and the real life order. After the expiration of the limitation of action period, where the parties do not invoke the limitation of action system and willingly pay or agree to perform the obligations or return the property, the limitation of action system usually does not involve the interests of the third party. Then the new order gives way to the old one and the latter prevails.The limitation of action system undoubtedly plays an important role in the theories of the Civil Law concerning time. It is generally believed that limitation of action is the legal effect of time on rights.

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 VALIDITY OF COMPULSORY EQUITY TRANSFER CLAUSE IN CORPORATE GOVERNANCE

Paragraph 4 of article 71 of the Company Law endows the articles of association of the limited liability company with the freedom to create autonomous equity transfer clauses,which results in the dispute over the determination of the validity of compulsory share transfer clauses in the articles of association and their amendments.At present,there is no consensus between the theoretical and practical circles.In principle,the autonomy of a limited liability company based on majority rule should be respected by the court.However,the validity of articles of association in specific situations still needs to be weighed in complex interests.Compulsory equity transfer clause must have the legitimacy,otherwise it may violate fairness and justice and general social emotion.The legitimacy of compulsory equity transfer clause can be materialized and categorized through effective conditions and transfer price.It is not appropriate to regard the prior consent of the expelled shareholder as the sole criterion for affirming the validity of the compulsory equity transfer clause,or to ignore it completely.Instead,it should be regarded as a supplementary element of legitimacy.

THE LEGAL ANALYSIS OF THE DILEMMA OF LABOR RELATIONSHIP DEVELOPMENT IN THE PROCESS OF SOCIAL TRANSFORMATION IN CHINA:FROM THE PERSPECTIVE OF “LABOR BLACKMAIL”

The development dilemma of labor relationship refers to the opposite tendency between the actual effect of the development of labor relationship and the expectations of legislators. The direct cause of the development dilemma of labor relationship is the imbalance of employees and employers＇ transaction cost in the labor legislative design. The root cause of the development dilemma of labor relationship is the deviation of the labor legislative ideas which confound the tilt protection and single protection. To solve the current dilemma of the development in labor relationship, on the one hand, labor legislation needs to correct the current imbalance in employees and employers＇ transactions cost. On the other hand, in view of the current stratification trend in both employees and employers, labor legislation needs to distinguish between hierarchical legislations; the labor legislative needs to distinguish different employees and employers and make different provisions. The future labor legislation should tilt towards the protection of the disadvantaged party in different circumstances and take into account the interests of both employers and employees.

BIAS AND CORRECTION OF INTEREST RATE RESTRICTION IN NETWORK LENDING INDUSTRY

Because of the direct contact between the borrowers and the lenders,the interest rate of the network private lending industry has been lowered.At the same time,because of omitting the intermediate links,the lender’s income has also increased,thus the network private lending can achieve a win-win situation.However,there is an invisible interest rate in the online lending industry,which increases the financing cost in a disguised way.To eliminate this undesirable phenomenon,the current judicial field has adopted to incorporate all borrowers’expenses into the interest rate range and made the sum of all costs not exceed the legal interest rate ceiling.In the judicial field,the unlimited expansion of the interest rate range will break through the relativity of debt and make the behavior of intermediary institutions subordinate to the loan contract.The inconsistency between the payment time of interest and intermediary expenses will make the judicial viewpoint of unification of interest rate range contradictory.Therefore,the judicial field should recognize the relativity of debt,separate the intermediary rate from the interest rate,leave the intermediary rate to the market regulation and supervised by the industry’s self-regulatory organizations and regulatory authorities.The unified restriction of interest rate should include all kinds of expenses and default costs,which are agreed in the loan contract,so as to promote the substantial reduction of financing costs.In the meantime,it is necessary to unify the information disclosure of financing costs so that both borrowers and lenders can realize their free choice.

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.

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.

Disenchantment of Putonghua Promotion: With the Notice of State Administration of Press,Publication,Radio,Film and Television as Research Object

Ⅰ.Literal Interpretation of 'Putonghua Clause' in the Constitution Article 19 (5) of General Principle of Constitution of the People's Republic of China stipulates,'The state promotes the nationwide use of Putonghua'.This is the constitutional norm in the existing Constitution in China directly with spoken language as norm object,with specific norm connotation and effect.

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。