Dilemma and Solution for Relief in the Right to Equal Employment-From the Perspective of Rectifying Private Law with Social Law

At present,the legal remedies in terms of the right to equal employment in China are mainly related to private law,that is,laborers seek direct legal remedies for personality rights liability and infringement liability according to typical private law,supplemented by indirect remedies for labor contract liability under special private law.However,there are many challenges in private law remedies for the right to equal employment,which are manifested in the misunderstanding of the general tort identification of employment discrimination,the loopholes in the regulations on discriminatory employment,the imbalance in the burden of proof,and the limitation and alienation of the functions of civil liability and private law autonomy.The root of those problems lies in the fact that the nature of anti-employment discrimination law is not private law but social law.Equal employment involves both public and private interests,and it should be based on the public interest of society and adhere to the value orientation of prioritizing fairness while taking into account efficiency.Improving the legal relief mechanism for protecting the right to equal employment,with a focus on correcting private law with social law,is the solution to the dilemma.Specific measures include establishing the special tort liability system for equal employment,the legal mechanism against discriminatory labor contracts,the public-private integrated legal responsibility system,and an essentially fair system for the responsibility of adducing evidence.

The Notion of Efficiency in China’s Civil Law Scholarship

The pursuit of economic efficiency is the major driver for the birth of contemporary Chinese civil law.Contemporary civil law scholarship has demonstrated a serious concern for efficiency from the very beginning.However,many examples suggest that the notion of economic efficiency is often diluted or replaced by factors like civil law doctrinal scholasticism,moral notions,inertial thinking of the planned economy or the will of the leader.It has not been systematically attended to or expressed in a detailed and precise way in the contemporary civil law scholarship in China,rendering some economic judgments uneconomical.In the 21 st century,it is necessary for the civil law studies to establish a clearer and more precise notion of efficiency,to conduct more direct and accurate evaluations on civil laws’incentives on people’s behaviors and their socio-economic effects,so as to reduce the cost of social interactions and promote deeper cooperation and winwin outcome among individuals.

On China’s Civil Law Codification and the Development of China’s Civil Law Scholarship

The development of the theoretical system of civil law scholarship and the codification of civil law are closely related and of promotional function to each other.The codification of civil law can promote the systematization of civil law scholarship,perfection of the value system,development and modernization of civil law studies,and the systematization of legal hermeneutics.The subjectivity of China’s civil law scholarship,i.e.,the notions of problem-orientation,nativeness,practice,the times and innovations,can be improved during China’s civil law codification.The codification of civil law can promote the development of a theoretical system of civil law scholarship with Chinese characteristics,including the development of diversified elements such as values,content,system,hermeneutics and methods of civil law.

The Socialist Rule of Law with Chinese Characteristics and Human Rights Protection

Law is the fundamental method of governance and the rule of law symbolizes modern civilization. The socialist rule of law is the rule of law rooted in the Chinese tradition, and designed and led by the Communist Party of China(CPC). It is not only a tool for government, but also a driver of social progress. Meanwhile, the Chinese human rights system is also designed by the CPC. Both concepts—the socialist rule of law and the human rights system——are different from the West in terms of theory, path and systems. Human rights are the fundamental values of and the ultimate goal pursued by the rule of law; and the rule of law is the recognition of and guarantee for human rights. Efforts must be made to advance legislative, administrative and judicial protection of human rights.

On the Relations Between National Security and Human Rights Defined in the Constitution of the People’s Republic of China

Counterterrorism,de-radicalization and anti-violence are the major tasks of the international community.As the arch enemy of human rights,terrorism destroys the constitutional order and endangers people’s lives,freedom and safety.It is the obligation of modern countries and the core value of legal states to safeguard human rights.Human rights should be effectively safeguarded under the premise of building a sound constitutional order and national security.public order and social stability foster a sound environment for the protection of human rights.In the face of terrorism’s severe threat to human rights,all countries are re-examining the order of human rights values and seeking mechanisms and procedures to balance National Security and Human Rights through their constitutions.The concepts of human rights and social order and the ways to explain the two are different due to different constitutional systems and cultural and religious traditions.However,they do have something in common,that is,counterterrorism and de-radicalization do not conflict with human rights protection.Efforts should be made to foster a view of human rights based on security and a view of security based on human rights,and a dynamic principle of proportionality established for counterterrorism and human rights protection,so endowing the traditional principle of proportionality with flexible,rich value connotation.

Pre-trial Detention Houses and Protection of Detainees' Rights in China

Detainees’ rights in pre-trial detention houses are a means of assessing a country’s human rights protection. As a legal facility for carrying out criminal detention, a pre-trial detention house should remain neutral and safeguard detainees’ substantive and procedural rights. It should be an important base for the country to respect and protect human rights. At the macro level, protecting detainees’ rights comprises two aspects: 1) procedural rights, regarding which the principle of presumption of innocence should be applied; and 2) detainee treatment, regarding which the principle of socialization should be applied. At the current stage of China’s rights protection situation, China should improve detainees’ rights, such as the right to have an individual bed, the rights to health care and religious freedom, rules regarding the use of legirons, and transparency and independent monitoring mechanisms.

INTERNATIONAL CONFERENCE ON ＂MODERNITY AND CHINESE LEGAL CULTURE＂ HELD AT RENMIN UNIVERSITY OF CHINA LAW SCHOOL

The legal reform of the late Qing Dynasty that took place more than one hundred years ago has usually been considered as the starting point of the transformation and modernization of Chinese legal culture. Following that, both the Republic of China＇s legal system, and the Chinese legal system drawing on Western experience since the opening-up, have been （to a large extent） developed by the purpose of pursuing modemity. Hence, the relationship between modernity and Chinese legal culture is the crucial point in understanding the development of Chinese legal system in modem times, and also a point in comprehending the ongoing legal system construction in a global perspective.

On the Role of Confucian Ethical Thoughts in the Formation of Psychological Personality

As the mainstream ideology in the traditional Chinese social structure,Confucian ethical thoughts have existed for a long time and influenced the social ethical structure and the formation of cultural psychology and personality of Chinese people significantly.Taking the internal relation of the role of Confucian ethical thoughts in the formation of personality as a point of penetration,this paper discusses the internal relation between the shaping of social consciousness by Confucian ethical thoughts and the formation of personality as well as its influence mode,revealing the construction process of psychological personality by Confucian culture.On this basis,we explore the advantages of Confucian social ethics by making full use of its positive factors and promote the improvement of individual's personality with social psychology.

On the System Structure of Socialist Human Rights Theory with Chinese Characteristics

General Secretary Xi Jinping’s important statements on respecting and protecting human rights provide authoritative guidance for constructing a socialist human rights theory with Chinese characteristics. Based on his remarks, the theoretical system of socialist human rights with Chinese characteristics is composed of four major parts: Functions of human rights, subjects of human rights, connotations of human rights and protection of human rights. The functions of human rights consist of people’s interests and free and all-round development. The former is the basic function, while the latter is the ultimate function. The subjects of human rights include collective human rights and individual human rights. The latter is the basis of the former, while the former is the latter’s guarantee. The connotations of human rights cover basic human rights, foremost human rights and specific human rights. The protection of human rights is composed of legal protection and international human rights governance. All five parts of the system of the socialist rule of law with distinctive Chinese features guarantee the protection of human rights. China has participated extensively in the cause of human rights in the world, protected the rights to subsistence and development of people in every corner of the world for a long time, actively promoted the reform of global governance of human rights and the construction of a community of a shared future for human beings, and highlighted the international legal protection of human rights.

FRONTIER OF LAWIN CHINA, RENMIN LAW SCHOOL, AND HARVARD PROJECT ON DISABILITIES CO-HOST ＂THE INTERNATIONAL CONFERENCE ON DISABILITY RIGHTS＂

On May 28, 2015, the participants of ＂The International Conference on Disability Rights＂ gathered in Mingde Law Building of Renmin University to discuss the cutting edge issues on disability rights in China and worldwide. The representatives from Disabled People＇s Organizations （DPOs）, the parent group of persons with disabilities,

Bring Rights Back to Your Country and Home:Some Thoughts on the Establishment of National Human Rights Institutions^2

As an advanced form of rights, ＂human rights＂ is a ＂great term,＂ which has rich con- notation and complicated denotation. No international, regional or national documents on human rights have a definition accepted by all. The diversity of the concept of human fights shows the complexity of human rights. But there is a consensus that human fights are a kind of right. Rights exist as natural fights （moral rights）, legal ri_ohts and oractical riehts. Furthermore.

DEVELOPING LEGAL SERVICES TO SUPPORT FREE TRADE CONFERENCE BY CENTRE FOR COMMON LAW RENMIN UNIVERSITY OF CHINA

On March 19, 2017, the Centre for Common Law of Renmin University of China and the Great Britain China Centre held a specialist one-day legal conference on ＂Developing Legal Service to Support Free Trade＂ in Shanghai. Over 30 legal academics, practitioners and policy-advisors from four jurisdictions： England and Wales, Scotland, China and Hong Kong attended the conference, including representatives of the Law Society of England and Wales, the Law Society of Scotland, the Bar Council of England and Wales, the Hong Kong Bar Association, the Law Society of Hong Kong, the All China Lawyers Association, the Shanghai Lawyers Association, and the Beijing Lawyers Association, etc.

The Basic Issues concerning the Construction of the Rule of Law in China in the New Era

China has entered a new era in our march toward the rule of law,and the principal contradiction facing Chinese society has changed into one between the people’s evergrowing need for a better life and unbalanced and inadequate development.At the rule of law level,the contradiction manifests itself as a gap between the public’s expectations of rule of law construction and its unbalanced and inadequate development in legislation,law enforcement,the judicial system,legal compliance,legal supervision,etc.The Report to the 19th National Congress of the Communist Party of China points out that law-based governance is an essential requirement and important guarantee for socialism with Chinese characteristics.It outlines an impressive blueprint for building the rule of law in the new era,and further expounds the basic strategy for building the rule of law in China in the future.It provides the guiding ideology and program of action for the comprehensive rule of law and establishes the goal of building the rule of law.Under the guidance of Xi Jinping thought on socialism with Chinese characteristics for a new era,rule of law construction in China will embark on a new journey.

DISCIPLINED APPROACHES FOR CONSTRUCTING A RULE OF LAW ORDER： RECONSIDERATIONS REVISED AN ACUTE QUEENING MOVE FOR CHINA＇S TAXATION LEGAL REFORM： ISSUES AND PROPOSALS

China＇s fiscal and taxation law reform is at a critical stage since Chinese economy development needs to consider compromising interests and conflicts from all sources, such as the social benefit network, real estate industry avidity, internationalizing currencies, fostering a philanthropic culture, and growing as a leader in the world market. These undertakings all demand a modern, handy fiscal and taxation law system. On the other hand, after two decades of implementation of the 1994 tax sharing system, the original initiative of strengthening centralized control might not keep pace with the needs of balancing decentralization and local financing demands, in addition to the troublesome taxpayers＇ protection, tax judicature reform, and worsening environmental irregularities. Admittedly, China＇s fiscal and taxation law reform faces new challenges and incentives. Rigorous international tax frameworks and multi-jurisdictional cooperation drive China to respond as an international trade giant and a responsible game player. Such international tax policy orientations create another layer of incentives and necessity for China to fine-tune its domestic fiscal and taxation legal framework, ranging from promotion of free trade zones, global sourcing practice and supply chain management, renegotiation of outdated tax treaty articles, more active participation in consequential overseas investments, to WTO Protocol compliance review, and international tax dispute resolution. Therefore, this article argues that, no matter the extent to which feasible, plausible or pragmatic proposals are presented, a top level architecting and a serious pursuit to upgrade citizens＇ livelihood must be prioritized in earnest.

CONSTRUCTION OF A GOVERNMENT UNDER THE RULE OF LAW - AN OVERVIEW OF REPORT ON CHINA LAWDEVELOPMENT 2014： CONSTRUCTION OF LEGAL GOVERNMENT

At the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China （CPC）, the Decision of the Central Committee of the CPC on Some Major Issues concerning Deepening the Rule of Law 2014 was passed and delineated the direction for the research of our nation＇s construction of a government under the rule of law. For years, the government at various levels and administrative agencies adhered to conducting work on the legal course under the CPC＇s leadership, actively promoting administration according to law, and constructing a government under the rule of law, and have made enormous achievements. However, there many difficulties still co-exist, along with challenges and opportunities. By adopting theoretical and empirical research approaches such as data analysis, normative analysis, interviews and investigations, questionnaires, counter-measure research, and case studies, this article discusses and conducted systematic and in-depth research on the theoretical framework of the construction of a government under the rule of law from macroscopic, to microscopic aspects. This article outlined the basic contexts and realistic vision for China＇s construction of a government under the rule of law, which can provide active implementation of the project of construction of government under the rule of law with a basis in theoretical referenee.

WELLS, HEINONLINE AND FRONTIERS OF LAWIN CHINA JOINTLY HOLD A PAPER COMPETITION

Wells, HeinOnline and Frontiers of Law in China jointly hold a Paper Competition. Twenty-eight original English papers have been collected by personal submission from May 1, 2017 to December 31, 2017.

LAW OF THE EUROPEAN UNION ON INDIRECT SEX DISCRIMINATION AGAINST WOMEN IN WORKING LIFE： FROMA PERSPECTIVE OF IMPROVING THE LAW OF CHINA ON NON-SEX DISCRIMINATION AGAINST WOMEN IN WORKING LIFE

Equal rights to work between men and women are recognized as fundamental human rights by many international conventions including the United Nations Convention on the Elimination of All Forms of Discrimination Against Women and the International Covenant on Economic, Social and Cultural Rights. Also, constitutions of many countries recognize equal rights to work as basic constitutional rights. But women all over the world still face numerous kinds of sex discrimination, including direct sex discrimination and indirect sex discrimination, especially in working life. Indirect sex discrimination against women in working life undermines women＇s equal rights to work in a covert way, which is just as harmful as direct sex discrimination and should be prohibited by law.

THE SECOND SESSION OF THE EDITORIAL BOARD OF FRONTIERS OF LAW IN CHINA

The 2nd Session of the Editorial Board of Frontiers of Law in China （FLC） was held in Renmin University Law Building on May 23, 2014. Editorial members talked about new changes, current challenges and the future development of FLC.

RENMIN LAW SCHOOL DELEGATION ANNOUNCED ＂ANNUAL REPORT ON THE LEGAL DEVELOPMENT IN CHINA＂ IN THE U.S. AND GAVE SPEECHES IN PHILADELPHIA AND WASHINTON DC

Renmin University of China Law School delegation went the U.S. in April 2014 and participated in a one-day conference in Philadelphia held by the University of Pennsylvania （UPenn） Law School and a half-day seminar in Washington DC held jointly by the American Bar Association Rule of Law Initiative （ABA ROLI）and UPenn Law School. The delegation is composed of Professor Han Danyuan, Dean of the Renmin Law School, Professor Zhu Jingwen, Chair of the Academic Committee, Professor He Jiahong, Director of Evidence Law Research Center, Professor Shi Yan＇an, the Vice Dean of the Renmin Law School, Associate Professor Lu Haina, Director of Human Rights Program, and Ms. Xu Fei, Project coordinator of the Intemational Office.

PROPERTY RIGHTS IN CHINA＇S CONFLICT OF LAWS

China＇s new private international law adds choice of law provisions for property. Most of the provisions are innovative. They further clarify the general legal provisions applicable to property with a focus on regulating movable property and commercial securities. The choice of law rules for property comply with relevant international legislation as far as possible. At the time, certain individual provisions are not well drafted and they are inconsistent with current domestic substantive laws. The principle of parties＇ autonomy was first introduced to the field of ＂movable property＂ and ＂movable property in transit, ＂but it seems goes too far. In light of the gradual opening up of China＇s securities market, the new law stipulates applicable laws to commercial securities, but it did not take into account the indirect holding system of securities.