We are living in a risk society where people devised the Precautionary Principle in order to minimize the harm caused by risk ex ante. Compared to the previous Food Hygiene Law （FHL） and the 2009 Food Safety Law, th...We are living in a risk society where people devised the Precautionary Principle in order to minimize the harm caused by risk ex ante. Compared to the previous Food Hygiene Law （FHL） and the 2009 Food Safety Law, the 2015 revised Chinese Food Safety Law （FSL） made a real breakthrough in the sense that it legitimates an important principle in food safety governance. Apart from laying down the fundamental importance of this principle in food safety regulations, the FSL 2015 also invented arrangements from different aspects in order to implement this principle. In other words, the FSL 2015＇s incorporation of the Precautionary Principle in a very real sense marked a transition from a demonstrative preventive food safety management regime to a more effective precautionary regime. However, the Precautionary Principle needs to be adopted in a ＂precautionary＂ way since this principle has its own limitations and defects. Incautious application of the principle may create new risks. This article compares the European approach in implementing the Precautionary Principle, and examines China＇s legal arrangements against negative impacts brought by the Precautionary Principle. Three perspectives are discussed： independence of scientific institutes; proportionality in risk management measures, and the shift of burden of proof for market authorization.展开更多
The major challenge that the theory of constitutional change in contemporary United States faced is social movement, and its core concern is to balance and maintain legal and political authorities of the Constitution ...The major challenge that the theory of constitutional change in contemporary United States faced is social movement, and its core concern is to balance and maintain legal and political authorities of the Constitution through interpretation. At the descriptive level, the thoughts of liberal scholars of constitutional law who criticized the theory of originalism restored the true colors of social movement in acting on judicial interpretation of the Constitution in individual cases, thus summarized the rules of occurrence of such action, and put forward the theory of constitutional culture of the mechanism of action and that of the three-stages of action. At the prescriptive level, social movement is burdened with the ＂original sin＂ of political factions, and contrasted with the principle of republicanism in the constitutional era. During the Cold War period, pluralist theory linked social movement with the value of democracy, and began to accept its constitutional status. Moreover, given that the influence of social movement on judicial interpretation must be restricted in order to harmonize the conflict between political and legal authorities of the Constitution, both the pluralists and republicans put forward different schemes in response.展开更多
Chinese local governments have taken many rural lands in order to promote urbanization and modernization of the local rural areas, which, unfortunately, has given rise to many social conflicts. The current Chinese lan...Chinese local governments have taken many rural lands in order to promote urbanization and modernization of the local rural areas, which, unfortunately, has given rise to many social conflicts. The current Chinese land taking laws have provided some guidance on the use of taking power,展开更多
尤金·加弗(Eugene Garver)的《为了讨论》(For the Sake of Argument)是一本非常有意思的书,它关注的是当今法理学最重要的论题之一,[1]这个论题通常被称作'法律的自主性'。今天,我们最好把这一问题当作理解法律的理性特...尤金·加弗(Eugene Garver)的《为了讨论》(For the Sake of Argument)是一本非常有意思的书,它关注的是当今法理学最重要的论题之一,[1]这个论题通常被称作'法律的自主性'。今天,我们最好把这一问题当作理解法律的理性特征来对待。如果我们不再把法律作为一门科学来加以谈论,那么怎么区别法律推理和其他形式的政治推理呢?展开更多
文摘We are living in a risk society where people devised the Precautionary Principle in order to minimize the harm caused by risk ex ante. Compared to the previous Food Hygiene Law （FHL） and the 2009 Food Safety Law, the 2015 revised Chinese Food Safety Law （FSL） made a real breakthrough in the sense that it legitimates an important principle in food safety governance. Apart from laying down the fundamental importance of this principle in food safety regulations, the FSL 2015 also invented arrangements from different aspects in order to implement this principle. In other words, the FSL 2015＇s incorporation of the Precautionary Principle in a very real sense marked a transition from a demonstrative preventive food safety management regime to a more effective precautionary regime. However, the Precautionary Principle needs to be adopted in a ＂precautionary＂ way since this principle has its own limitations and defects. Incautious application of the principle may create new risks. This article compares the European approach in implementing the Precautionary Principle, and examines China＇s legal arrangements against negative impacts brought by the Precautionary Principle. Three perspectives are discussed： independence of scientific institutes; proportionality in risk management measures, and the shift of burden of proof for market authorization.
文摘The major challenge that the theory of constitutional change in contemporary United States faced is social movement, and its core concern is to balance and maintain legal and political authorities of the Constitution through interpretation. At the descriptive level, the thoughts of liberal scholars of constitutional law who criticized the theory of originalism restored the true colors of social movement in acting on judicial interpretation of the Constitution in individual cases, thus summarized the rules of occurrence of such action, and put forward the theory of constitutional culture of the mechanism of action and that of the three-stages of action. At the prescriptive level, social movement is burdened with the ＂original sin＂ of political factions, and contrasted with the principle of republicanism in the constitutional era. During the Cold War period, pluralist theory linked social movement with the value of democracy, and began to accept its constitutional status. Moreover, given that the influence of social movement on judicial interpretation must be restricted in order to harmonize the conflict between political and legal authorities of the Constitution, both the pluralists and republicans put forward different schemes in response.
文摘Chinese local governments have taken many rural lands in order to promote urbanization and modernization of the local rural areas, which, unfortunately, has given rise to many social conflicts. The current Chinese land taking laws have provided some guidance on the use of taking power,
文摘尤金·加弗(Eugene Garver)的《为了讨论》(For the Sake of Argument)是一本非常有意思的书,它关注的是当今法理学最重要的论题之一,[1]这个论题通常被称作'法律的自主性'。今天,我们最好把这一问题当作理解法律的理性特征来对待。如果我们不再把法律作为一门科学来加以谈论,那么怎么区别法律推理和其他形式的政治推理呢?
