International law obligations for the disposal of Fukushima nuclear-contaminated water under the principles of nuclear safety

The disposal of contaminated water from Japan’s Fukushima nuclear power plant is a significant international nuclear safety issue with considerable cross-border implications.This matter requires compliance not only with the law of the sea but also with the principles of nuclear safety under international law.These principles serve as the overarching tenet of international and China’s domestic nuclear laws,applicable to nuclear facilities and activities.The principle of safety in nuclear activities is fully recognized in international and domestic laws,carrying broad legal binding force.Japan’s discharge of nuclear-contaminated water into the sea violates its obligations under the principle of safety in nuclear activities,including commitments to optimum protection,as low as reasonably practicable,and prevention.The Japanese government and the International Atomic Energy Agency(IAEA)have breached the obligation of optimum protection by restricting the scope of assessments,substituting core concepts,and shielding dissenting views.In the absence of clear radiation standards,they have acted unilaterally without fulfilling the obligation as low as reasonably practicable principle.The discharge of Fukushima nuclear-contaminated water poses an imminent and unpredictable risk to all countries worldwide,including Japanese residents.Japan and the IAEA should fulfill their obligations under international law regarding disposal,adhering to the principles of nuclear safety,including optimum protection,the obligation as low as reasonably practicable,and prevention through multilateral cooperation.Specifically,the obligation to provide optimum protection should be implemented by re-evaluating the most reliable disposal technologies and methods currently available and comprehensively assessing various options.The standard of the obligation as low as reasonably practicable requires that the minimization of negative impacts on human health,livelihoods,and the environment should not be subordinated to considerations of cutting costs and expenses.Multilateral cooperation should be promoted through the establishment of sound multilateral long-term monitoring mechanisms for the discharge of nuclear-contaminated water,notification and consultation obligations,and periodic assessments.These obligations under international law were fulfilled after the accidents at the Three Mile Island and Chernobyl nuclear power plants.The implications of the principles of nuclear safety align with the concept of building a community of shared future for nuclear safety advocated by China.In cases of violations of international law regarding the disposal of nuclear-contaminated water that jeopardize the concept of a community of a shared future for nuclear safety,China can also rely on its own strength to promote the implementation of due obligations through self-help.

Changes and Adjustments:The Rule of Law Response to Medical Institution Data Compliance

Medical institution data compliance is an exogenous product of the digital society,serving as a crucial means to maintain and balance the relationship between data protection and data sharing,as well as individual interests and public interests.The implementation of the Healthy China Initiative greatly benefits from its practical significance.In practice,data from medical institutions takes varied forms,including personally identifiable data collected before diagnosis and treatment,clinical medical data generated during diagnosis and treatment,medical data collected in public health management,and potential medical data generated in daily life.In the new journey of comprehensively promoting the Chinese path to modernization,it is necessary to clarify the shift from an individual-oriented to a societal-oriented value system,highlighting the reinforcing role of the trust concept.Guided by the principle of minimizing data utilization,the focus is on the new developments and changes in medical institution data in the postpandemic era.This involves a series of measures such as fulfilling the obligation of notification and consent,specifying the scope of data collection and usage,strengthening the standardized use of relevant technical measures,and establishing a sound legal responsibility system for data compliance.Through these measures,a flexible and efficient medical institution data compliance system can be constructed.

Restorative Justice in China

The purpose of restorative justice resonates with some embedded idea of traditional Chinese culture which regards the ultimate goal of judicial activities as avoidance of lawsuits.

Introspections and Suggestions on the Amount Fixing of Administrative Penalty for Environmental Pollution

Environmental pollution has seriously damaged the health of mankind and the development of future generations. Because pollution damages are irreversible, taking effective measures to prevent contamination accidents is the primary task for administrative penalty on environmental pollution. However, the specific amount of such penalty is a little bit on the low side, and the standard for fixing the penalty is not rational somewhat. As a result, the original functions and purpose of administrative penalty on environmental pollution cannot be fully achieved. By comparing and using for reference related systems at home and abroad, this paper advances the drawbacks and suggestions for the amount fixing of China’s administrative penalty on environmental pollution in the hope of supplying theoretical basis for the improvement of China’s administrative penalty mechanism on environmental pollution.

The Study of Legal Issue of Policy Banks

China has built three policy banks since 1994, which are China Development Bank, China Export-import Bank and China Agricultural Development Bank. Policy banks, as an important financial instrument, have made great contributions to the development of China＇ s economy. But there isn＇ t an official law fbr policy banks for a long time. They just operate based on some relevant documents and regulations of their own. However these documents and regulations are always indistinct in law, which is not good for the further development of policy banks and the accomplishment of our country＇ s financial system. As a result, in order to standardize the operation of China＇ s policy banks, it＇ s essential to position policy banks in law accurately, which is also the only way to legalize policy banks. Aiming at finding out the problems existing in policy banks of China in present, this paper analyzes the general theory of policy banks, some relevant international experience and the current situation of law position of china＇ s policy banks. In addition, through the analyses of possible solutions, this paper wishes to reconstruct the legal location of China ＇ s policy banks.

The Relationship between Economic Rights and Political Rights in Marx's Theory

According to the 'three-generation human rights' theory, 'the first generation of human rights', namely natural rights theory, emphasizes political rights, and 'the second generation of human rights', as the outcome of the international communist movement, emphasizes economic rights. However, if we deep analyze Marx's civil society-political state theory and his critique of natural rights theory, we can find that Marx's civil society-political state theory has two dimensions, where the two sets of human rights ranks are derived. Under the realistic condition, the economic rights indeed serve as the basis and aim of political rights while under the new idea of human rights—human liberation, political rights should be the most essential human rights.

Do They Pose a Danger:Evaluation of the Recidivism Characteristics in China’s Community Corrections?

The modern criminal justice system includes community corrections,which play a preventive role in lowering recidivism among offenders.However,some offenders continue to commit crimes during community corrections.This research focuses on community corrections in Chinese community policing practice,particularly offender recidivism.The study collected a total of 500 questionnaires from offenders in the provincial administrative regions of northern China,which included first offense status,psychological status,and recidivism behavior.The study found that most recidivists are usually arrested for“drunk driving”,which may be related to their ability to exercise self-restraint,and that alcohol may contribute to their deviant behavior.Another important finding relates to young recidivists,who may have difficulty securing employment during community corrections and thus use crime again to gain income.In general,this study explores the offender population in Chinese community corrections practice and discusses the factors within it that influence offender recidivism.This may support law enforcement agencies in further evaluating the effectiveness of community corrections,and may provide new information for understanding community corrections in China.

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.

REESTABLISHMENT ON THE INTERESTS BALANCE BETWEEN COPYRIGHT HOLDERS AND USERS:FROM THE PERSPECTIVE OF REASONABLE REGULATION CONCERNING TPMS IN THE THIRD AMENDMENT OF CHINESE COPYRIGHT LAW

The exis＇ting legal regulation which provides overprotection for copyright technological protection measures （TPMs） might induce great harms including paracopyright, violation of user＇s human rights and stifling subsequent creativity. The current Chinese Copyright Law does not accord with the international treaties and has broken the balance of interests between copyright holders and users. In addition to its primary objective of providing sufficient protection to creators ＇ interests, Chinese Copyright Law also serves a more important goal of promoting the public interest by encouraging the creation and dissemination of literary, artistic and scientific works. The latter is in fact the ultimate objective of Chinese Copyright Law. In order to rectify the current unjust situation, and reconcile the conflicts of interests＇ between copyright holders and users, a private use limitation on the information network transmission right should be admitted, and the circumvention of TPMs in the case of private use should be allowed during the third amendment of Chinese Copyright Law. Besides＇, a restrictive interpretation of ＂effectiveness ＂ in anti-circumvention rules should be adopted as a balancing tool to adjust the scope of copyright protection.

网络算法推荐服务提供者民事法定义务体系构建

中国首次颁布以“网络算法”为主题的规范性法律文件,为进一步实践算法规制,特别是构建网络算法推荐服务提供者的法定义务奠定了立法基础。从法律渊源角度看,目前的行政规章存在法律效力层级较低、民事基本法的支撑和指引不足、其它法律渊源数量较少且非体系化分布、司法实践和学说成果积累不够等弱点。因此,有必要提高算法治理的立法层级,努力将“算法向善”原则和信息安全义务等关键条款与民法典对接,融入民事基本法的制度体系中。

自媒体短视频创作中的合理使用判定

I.INTRODUCTION The we-media short video has become an indispensable part of China’s information and cultural communication.We-media short video,compared to the long video that is longer than 15 minutes,is generally less than 5 minutes in length and is a completely new product.

On the Legislative Concept and New Rules of the System of Marriage and Family in China's Civil Code

Twenty-four new or revised systems or rules have been incorporated in the Civil Code of the People's Republic of China for the purpose of strengthening the State's protection of marriage and family,promoting development of family civilization,and respecting the autonomy of the parties to marriage and family.Furthermore,they are designed for advancing equal marriage and family status,implementing the principle for the best interests of children,and protecting the rights and interests of the weak in marriage and family.In the Marriage and Family Section of the Civil Code,the Chapter 1“General”has got the new principle of the State protecting marriage and family,new advisory rule for promoting development of marriage and family civilization,and new principle for protecting the best interest of adoptees.Moreover,it has defined the types of relatives,close relatives and family members.In the Chapter 2“Marriage,”the lawful circumstances for prohibiting marriage and for invalidating marriage are reduced,the scheme of revoking a marriage is revised and supplemented;the obligation of telling the truth about major diseases,and the right for the innocent party to claim damages for an invalid or revoked marriage,are added.In the Chapter 3“Family Relations,”the rules of husband and wife's family agency right and its restriction,the rules of marital common debt determination,the rules of marital common property split,and the rule of litigation for the confirmation and denial of parent-child relationship,are added;in the Chapter 4“Divorce,”the pre-divorce coolingoff period and the time for dissolution of marriage relationship are added,the legal circumstances for divorce in litigation,the rules for dealing with child support during divorce,and the principle of splitting the common property of divorced couples are supplemented,the applicable conditions of divorce financial compensation and divorce financial assistance are modified,and the legal circumstances for divorce damage compensation is increased;in the Chapter 5“Adoption,”the age of adoptees and the number of adopted children are relaxed,the conditions of adopters are revised,and the adoption evaluation rules are added.

Normative Effect of Fine Family Values Clauses in the Marriage and Family Section of China's Civil Code

The fine family values incorporated into China's Civil Code can effectively resolve the contradiction between the Marriage and Family Law's specific socialization requirements and the relatively insufficient socialization theypresent after they have been incorporated into the Civil Code of the People's Republic of China.The fine family values clauses can reflect the ethics of Marriage and Family Law by introducing the family's subject position in identity law,by specifying the scope and source of public order for judging behavior legitimacy in family relations,and by checking and balancing the tendency of turning Marriage and Family Law into Property Law.The clauses'normative effect includes the organizational effect aimed at regulating family power,social power and state power,and the advisory effect for promoting moral education.However,its core lies in its behavior normative effect for guiding the judicial process and its adjudicative normative effect.In terms of specific application,we should focus on realizing the normative function of the fine family values clauses.This function includes proving the relationship between a guardian's“lack of control and education”and external damage caused by family members,balancing family stability and personal freedom value,1limiting seeking improper property interests by means of identity behavior and creating independent legal interests.

THE AUTONOMOUS BORDERS AND JUDICIAL ADJUDICATION APPROACH OF THE LIMITATION ON SHARE TRANSFER IN ARTICLES OF ASSOCIATION

Paragraph 4 of article 72 of the Company Law has explicitly regulated the autonomous character of the limitation on share transfer in articles of association, and the effectiveness of the restrictive clauses have also been a consensus in the academia. However, this limitation is not absolutely unrestrained. Based on the variety of the content of restrictive clauses, there has been no unified criterion on how to recognize the force of law of the contracts violating the restrictive clauses in articles of association yet, and there established no unified judgment thought, which renders large differentiation of judgment resulting in judicial practice. To resolve this, through setting the judicial perspective as retrieval point to extract typical samples, which are analyzed with the judicial review being the starting point, this paper finds out the dispute focuses, reveal the general rule and proposes an appropriate approach referring to the principle of reasonableness in America.

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 EXPRESS DELIVERY MARKET IN CHINA:LEGAL ISSUES IN ITS GROWTH AND INNOVATION

Currently, China's express delivery industry develops rapidly and presents new features. However, there exist such problems as threshold standard, service quality and security vulnerability. Hence, relevant legislation needs to be optimized, under which circumstances that the State Council formulated and promulgated the Provisional Regulation for Express Delivery of 2018. This article contends that, primarily, the criteria combining weight and postage should be applied to solve the conflicts of business scope between postal monopoly and private express delivery business. Meanwhile, with the franchise chain mode being the important business mode to promote the rapid development of the market, it is essential to clarify subjects' liability in franchise chain mode, where joint and several liabilities shall be adopted to safeguard users' rights and interests. Finally, the content inspection system in picking up and real-name system for delivery act as crucial measures to prevent forbidden or restricted items coming into the delivery channels, in order to effectively solve the security problems in express delivery market.

RESEARCH INTO THE DUTIES OF DIRECTORS IN THE MERGERS AND ACQUISITIONS OF LISTED COMPANIES： TAKING THE BATTLE FOR VANKE＇S CONTROL RIGHTS AS THE BREAKTHROUGH POINT

I. INTRODUCTION China Vanke Co., Ltd.(hereinafter referred to as Vanke), which was founded in 1984, developed rapidly in several years and went public successfully listed in the Shenzhen Stock Exchange in 1991, continuing as a listed company till now. Due to the current situation of equity

CONSTRUCTING THE LEGAL RULES FOR THE ENERGY MARKET IN CHINA

With the promulgation of Draft of the Outline of the Plan, the marketization reform of energy industry, the ultimate aim of which is to achieve the proper combination of the market regulation and the government supervision, has been put on the agenda which is of great significance. Considering the systematic law rules on energy market are the overarching theory basis to introduce market systems into the energy industry comprehensively, and additionally, as the core elements, the market participants, transaction objects and transaction rules are essential for the fundamental structure of market, therefore taking as the research basis the status quo of the laws and practice regarding China＇s current energy market, this article separately discusses relevant systems, from four perspectives, such as subjects, objects and transaction rules of the energy market, so as to accomplish the overall construction of law rules on China＇s energy market.

AN EMPIRICAL STUDY ON CHINESE COURT’S CRITERIA OF UNFAIR COMPETITION IN THE INTERNET ERA

I. INTRODUCTION When the Internet becomes a competitive place for business, whether the commercial competition in the Internet environment is fair is a difficult question that the competition law must respond to. Three reasons make this question a difficult one: first, it is difficult to strike a balance between new types of competition and legal fair competition in the Internet environment.

THE DOMINANT PATH OF EQUITY CROWDFUNDING:THE THREE-IN-ONE LEGAL JUDGMENT

1.INTRODUCTION In the process of the development of Internet finance,while encouraging and protecting innovation,the State should also carefully control the risks contained in financial innovation.Furthermore,it shall be to set up the safe harbor for financial innovation and to draw the red line for regulation.Internet equity financing is a kind of securities issuance action,whose objects of issuance may be specific,or may not be specific.According to the provision of article 10 of the Securities Law, there is also the distinction between‘public offering’and‘private placement’. However,in the practice of the past few years,the nature of public offering and private placement of equity crowdfunding is generally not distinguished,and the mixed use of the expression‘equity crowdfunding’often appears.The confused judgment of Internet equity financing makes it difficult for regulatory authorities to carry out effective supervision,and there is much financial chaos,which directly damages the interests of investors.In order to change the status quo,various departments have continuously issued policies on Internet equity financing in recent years,and clarified the nature and scope of the two types of public offering and private placement under the Internet equity financing.