PROTECTION AND ABUSE OF INTELLECTUAL PROPERTY RIGHTS:ANALYSIS ON QUALCOMM CASE AND THE NEW RULES OF THE STATE ADMINISTRATION FOR INDUSTRY AND COMMERCE ON PROHIBITING THE ABUSE OF INTELLECTUAL PROPERTY RIGHTS

The abuse of intellectual property rights to preclude or restrict competition has already become the focus of the enforcement of Anti-monopoly Law.The abuse acts,in the name of exercising intellectual property rights,not only run counter to the primary purpose and internal spirit of the protection of intellectual property rights,but also hinder technological innovation and

CHINA'S METHODS AND LEGAL JUSTIFICATION FOR RESOLVING THE CONFLICT REGARDING NATIONALITIES:FROM THE PERSPECTIVE OF LEGAL PRACTICES INVOLVING EXIT AND ENTRY ADMINISTRATION IN CHINA

The Nationality Law of the People's Republic of China was enacted in 1980. It denies Chinese citizens the right to have dual citizenship,which embodies the spirit of international law. Although there have been a series of mechanisms and methods for dealing with the conflicts with nationalities,Chinese entry and exit administration organs generally fail to eliminate the increasing number of Chinese citizens with dual nationalities. By examining and researching the history,current situations,and conflicts with nationalities in China,mainly from the perspective of the entry and exit administration branches affiliated with the public security organs,this paper analyzes and evaluates the mechanisms and methods with which China resolves the conflicts with dual citizenship,as well as the force of Chinese law and international law.

JURISPRUDENTIAL BASIS FOR THE NEW CONSTITUTIONAL ORDER OF HONG KONG:SEPARATION OF POWERS OR DELEGATION OF POWERS

Of the various ideas about the basis of the new constitutional order of Hong Kong, the doctrine of separation of powers and the doctrine of delegation of powers are most representative. On the basis of the theory of local autonomy and the Sino-British Joint Declaration, the doctrine of separation of powers interprets the relationship between the Central government and the Special Administrative Region as confrontational and mutual restriction. Breaking away from the presumptions of the Basic Law in basis of norms and theory prototype, the doctrine of separation of powers originates mostly from the subjective imagination of its upholders and involves misunderstanding of the Basic Law and the system of Special Administrative Region. On the basis of ＂One Country, Two Systems ＂and the Basic Law, the doctrine of delegation of powers interprets the relationship between the Central government and the Special Administrative Region as delegation relation or principal-agent relation. The doctrine of delegation of powers is raised to illustrate the source and fundamental attribute of the system of the Special Administrative Region rather than to suppress the high degree of autonomy of the Special Administrative Region. The doctrine of delegation of powers conforms to the Constitution of China and the consistent logic of the national governance of China in terms of its understanding of the Basic Law and the system of the Special Administrative Region. Hong Kong is an administrative unit at local level in China and its constitutional order is a component of the constitutional order of China. Therefore, the basis of the new constitutional order of Hong Kong after its return to China can only be the Constitution and laws of China.

ON THE CONTRIBUTION OF CONFUCIANISM TO THE NEW HUMAN RIGHTS THEORY:STARTING FROM PENG CHUN CHANG'S CONTRIBUTIONS TO THE FORMULATION OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS

The United Nations General Assembly adopted the Universal Declaration of Human Rights(UDHR) in 1948. It is one of the most important international documents adopted after the Second World War. It went beyond the abstract theory of'natural right'and the regional theory of'fundamental rights', and established a new human rights theory based upon'global moral consensus'. Peng Chun Chang(hereinafter referred to as P. C. Chang), the delegate of China and Vice-Chairman of the United Nations Commission on Human Rights, made outstanding contributions to the formulation of the UDHR and the new human rights theory of the world. From the organizational point of view, he helped the Commission to avoid a split through his excellent diplomatic wisdom, and ensured the smooth passage of the Declaration. Theoretically, based on the Chinese tradition, especially Confucianism, he made many propositions: object the imperialism of the West and promote the pluralism; abandon the disputes of philosophy and religion to seek moral consensus; adopt the concept of conscience to constraint the rationality, etc. For the contribution of Chinese civilization, a real universal theory of human right emerged for the first time in the history of human beings. He proposed to take the moral endowment of'benevolence'as the foundation of human rights, which helped to find a new source of legitimacy for the traditional human rights discourse which faced the dilemma of criticism of religion, criticism of rationality, and criticism of power.

我国法律援助对象范围的完善路径

As a universally adopted legal remedy,the legal aid system requires countries to provide free or reduced-cost legal services to economically disadvantaged or special case parties.1It is an important component of improving the social security system and maintaining judicial fairness,and has become an important part of the public legal system.