Protecting personal credit information through constitutional rights is not only essemtial for individuals to defend against infringements on their personal credit information rights and interests by public power in t...Protecting personal credit information through constitutional rights is not only essemtial for individuals to defend against infringements on their personal credit information rights and interests by public power in the social credit system,but also a requirement for unified legislation on social credit to explore the basis for constitutional norms.In the era of the credit economy,personal credit information has become a vital resource for realizing personal autonomy.Along with the increase in the state’s supervision and control of personal credit,the realization of the autonomous value in the interests related to personal credit information has also set more obligations for the state.Therefore,interests related to personal credit information should be regarded as a constitutional right.Because of its significant economic interest and value,the right to personal credit information should be classified as a constitutional property right.As a constitutional property right,the right to personal credit information can not only help protect people’s economic interests,but also achieve the goal of safeguarding their personality interests.展开更多
Established within the framework of the World Trade Organization(WTO),the Trade Policy Review Mechanism(TPRM) reviews periodically the trade policies of all WTO Members. The review includes many aspects of food safety...Established within the framework of the World Trade Organization(WTO),the Trade Policy Review Mechanism(TPRM) reviews periodically the trade policies of all WTO Members. The review includes many aspects of food safety regulation. China's trade policy is reviewed every two years. This paper analyses in detail the reviews of China's trade policy in 2006,2008,2010,2012 and 2014. It focuses in particular on food safety laws and types of standards,alignment of domestic standards with international standards,the role of different domestic institutions,transparency and notification of food safety measures under the WTO agreements on Sanitary and Phytosanitary Measures(SPS) and on Technical Barriers to Trade(TBT Agreement),import and export,and geographical indications(GIs). It concludes that the WTO TPRM can contribute,within its mandate,to reform of Chinese food safety laws and improvement of food safety in China. It notes that China has already undertaken substantial reforms of its system for regulating food safety. It recommends that China should continue to participate actively in the TPRM,follow its own path with regard to alignment and learn selectively from other WTO Members.展开更多
Forensic examination plays an important role in China's judicial system,especially in the fact-finding process of both civil and criminal proceedings.Since 2005,this system has experienced gradual,yet significant ...Forensic examination plays an important role in China's judicial system,especially in the fact-finding process of both civil and criminal proceedings.Since 2005,this system has experienced gradual,yet significant changes.This paper seeks to examine the major themes of these changes in the context of the continued conceptual reformulation and structural realignment of civil and criminal procedures and the ongoing effort to codify evidence law with transforming impact on China's judicial system and culture.Emphasis is given to the transition of the forensic examination system from an officially(both administrative and judicial)administered fact-finding mechanism with powerful impact on the courts'truth-seeking activities to,at least partially,an expert witness system with significant participation and control by the parties5 to judicial proceedings.A convergence of influence from both the continental inquisitorial tradition and the common law adversarial structure appears to have strongly informed the process and direction of the Chinese forensic examination reform.This paper attempts to explain the reasons for this convergence of influence,identify the trend and direction of this development,and provide observations and suggestions for further improvement of the forensic examination system in several key aspects with particular reference to the legal principles and judicial practices under the Federal Rules of Evidence of the United States.展开更多
文摘Protecting personal credit information through constitutional rights is not only essemtial for individuals to defend against infringements on their personal credit information rights and interests by public power in the social credit system,but also a requirement for unified legislation on social credit to explore the basis for constitutional norms.In the era of the credit economy,personal credit information has become a vital resource for realizing personal autonomy.Along with the increase in the state’s supervision and control of personal credit,the realization of the autonomous value in the interests related to personal credit information has also set more obligations for the state.Therefore,interests related to personal credit information should be regarded as a constitutional right.Because of its significant economic interest and value,the right to personal credit information should be classified as a constitutional property right.As a constitutional property right,the right to personal credit information can not only help protect people’s economic interests,but also achieve the goal of safeguarding their personality interests.
基金Peking University Shenzhen Graduate School, ChinaPeking University School of Transnational Law, China
文摘Established within the framework of the World Trade Organization(WTO),the Trade Policy Review Mechanism(TPRM) reviews periodically the trade policies of all WTO Members. The review includes many aspects of food safety regulation. China's trade policy is reviewed every two years. This paper analyses in detail the reviews of China's trade policy in 2006,2008,2010,2012 and 2014. It focuses in particular on food safety laws and types of standards,alignment of domestic standards with international standards,the role of different domestic institutions,transparency and notification of food safety measures under the WTO agreements on Sanitary and Phytosanitary Measures(SPS) and on Technical Barriers to Trade(TBT Agreement),import and export,and geographical indications(GIs). It concludes that the WTO TPRM can contribute,within its mandate,to reform of Chinese food safety laws and improvement of food safety in China. It notes that China has already undertaken substantial reforms of its system for regulating food safety. It recommends that China should continue to participate actively in the TPRM,follow its own path with regard to alignment and learn selectively from other WTO Members.
文摘Forensic examination plays an important role in China's judicial system,especially in the fact-finding process of both civil and criminal proceedings.Since 2005,this system has experienced gradual,yet significant changes.This paper seeks to examine the major themes of these changes in the context of the continued conceptual reformulation and structural realignment of civil and criminal procedures and the ongoing effort to codify evidence law with transforming impact on China's judicial system and culture.Emphasis is given to the transition of the forensic examination system from an officially(both administrative and judicial)administered fact-finding mechanism with powerful impact on the courts'truth-seeking activities to,at least partially,an expert witness system with significant participation and control by the parties5 to judicial proceedings.A convergence of influence from both the continental inquisitorial tradition and the common law adversarial structure appears to have strongly informed the process and direction of the Chinese forensic examination reform.This paper attempts to explain the reasons for this convergence of influence,identify the trend and direction of this development,and provide observations and suggestions for further improvement of the forensic examination system in several key aspects with particular reference to the legal principles and judicial practices under the Federal Rules of Evidence of the United States.