Ten Questions about the Draft Property Law

1. Why are we choosing the property law of the Continental legal system instead of that of the Anglo-American legal system as our legislative orientation? Up to the present, separate laws have been used in China to regulate all property law problems, as is the practice in the Anglo-American legal system; why are we now going to strike out on a new path? The history of the last hundred years proves that real right legisla- tion will never exhaust the actual problems,     

A Concise History of Western Linguistics

In the process of language study and exploration, human beings＇ countless successful experience as well as lessons of failure has furthered the understanding of language step by step. An insight into previous research and problems will be likely to help contemporaries know what has been done. The knowledge helps us broaden our horizon, crystallize our thoughts and continue to innovate both in theory and practice; therefore we can avoid making detours in our study. Meanwhile, it can also help us predict the development trend of the subject by summarizing the law of linguistics development in the past to set the direction for which we are heading. This is the reason why the subject--the history of linguistics-- has been the focus of attention in recent years.     

An Analysis of Low Public Confi-dence in the Judiciary in Taiwan

Lin Duan pointed out in his paper “Lawand Society in Taiwan” published in Qinghuafazhi lunheng, no. 5, that one of our con-cerns is whether the public have faith in thejudiciary in Taiwan and what the public’sopinion is of legal personnel such as judges,procurators and policemen. Forensic soci-ology has put an end to the “forensic myth.”Through forensic sociological studies we notonly have an understanding of the limitedusefulness of lawsuits but know that law-suits are not necessarily …     

The Science of Marriage and Family Law in China in the Twentieth Century

The science of marriage and family law (i. e., the science of the lawof domestic relations) is a science that focuses on marriage and familylaw and the legal phenomena related to marriage and families. Thescience of marriage and family law in modern China came into being atthe beginning of this century as a result of the legislation of the late Qingdynasty. At this time, the systems and theories of kindred law in thecontinental legal system were introduced into China from Japan andGermany. A…     

Party,State and Society:the Relationship among the Three

There are cases in village self-government where the head of the villagers' committee and the secretary of the Party branch in the village are one and the same person. Under such conditions the relationship between township/town and village is simplified. Although the relationship of guidance between the township government, the guide, and the villagers' committee, the guided, and the relationship of direct control between the township/town Party committee, the controller, and the village Party branch, the controlled, are theoretically distinguishable as laid down in legal texts, it is difficult to differentiate between     

Can NGOs Solve China''''s Difficult Problems?

In present-day China, "NGO" has become one of the most fashionable concepts in the wake of the WTO. However, in practice NGOs encounter many institutional obstacles. The first is difficulty in registration, which has forced some NGOs to register as enterprises with the departments in charge of industry and commerce. Some others are simply "illegal" organizations, not registered and just operating in their own way. The other obstacle is diffi-     

论题学的法律方法论意义

作为法律方法的一种,论题学方法虽然长期受到忽略,但这种研究在20世纪后半期得以回归。论题学法律方法是在具体个案场合,经过讨论或论辩,给出论据,解决法律问题,并由此成为当今法律论证方法中的一种。虽然存在一定的局限性,但论题学方法对我国法学与法治均有重要启示意义。

Abstract：

As a kind of legal method,the method of propositional study has been neglected for a long time,while this study revives in the later half of the 20th century.This method can be defined as to present arguments through debate to solve legal problems in concrete cases,and thus the method has been a kind of method in legal argument.Although there still exists some defects,it has important significance to legal theory and rule by law in China.     

Ethical Defects of the System for Ensuring the Minimum Standard of Living in China

There are many ethical defects in the Chinese system for ensuring the minimum standard of living as shown during its implementation: In terms of people eligible to receive the aid, there is discrimination: the peasants who make up two-thirds of Chinese population are not entitled to the subsistence allowance and the peasant workers in the cities also suffer from discrimination;     

Humanization of Law:Clarification of a Concept

"Humanization" has been a very popular term over recent years when legal affairs are involved. Terms like "humanization of law," "humanization of the legal system," "humanization of legislation," "humanized administration of justice" and "humanized enforcement of law" have been frequently used. Seen from the perspective of jurisprudential studies, humanization of law is a quality embodied in law in an all-round way in legislation, the administration of justice and law enforcement. It takes human rights as     

营口市招商引资政策

1) The same treatment for the nationals is gradually given to foreign investors and foreign funded enterprises. The foreign-furded enteprises registered in our city enjoy the same treatment as domestic funded enterprises in respect of water supply, electricity supply, heat supply,gas supply, communications, traffic and other infrastructures as well as banking, commercial insurance, legal guarantee, labor force, information service, design, advertisement and so on, in addition to the relevant regulations made by the state and the province.     

An Exploration of Non-legal “Soft Law” in International Law

Non-legal soft law refers to rules thathave no binding legal force and are null andvoid in a legal sense, but that may evolveinto international customs. In terms of itsnature, non-legal soft law is not law at allbut falls under the category of internationalmorality. Calling it “law” simply reflects goodintentions on the part of scholars. Togetherwith the resolutions of internationalorganizations, judicial precedents and thedoctrines of the public law scholars, it con-stitutes important evide…     

The Functions of Judicial Precedent in Traditional Chinese Law

Traditional Chinese law refers to law in China before the end of the Qing Dynasty. With the publication of written laws during the Spring and Autumn Period (770-476 BC) and the Warring States Period (475-211 BC), the Chinese legal system gradually accom- modated many forms of law with statutory law as the main part. The functions of case-law in traditional Chinese law were manifested in the following three aspects:     

Recognition and Interpretation of the Concept of Human Rights in China in the 19~(th) and Early 20~(th) Centuries

In the West human rights do not remainonly at the level of appeals and cries fromsome thinkers but are embodied in basic be-lief and the values of the general public. Theconcept of human rights is intrinsically re-lated to the whole intellectual tradition, espe-cially to religion and culture. It serves notonly as a utilitarian rationality but also as valuerationality. However, in their absorption andintroduction of the Western concept of hu-man rights in the 19th and early 20th centuries,the …     

Conflicts and Options in a Composite Criminal and Civil Case

Trial regulations and conflicts of a com-posite criminal and civil case in judicial practice In judicial practice, when a composite criminal and civil case is dealt with, the court usually follows “criminal before civil” trial regulations. However, the application of these regulations should be confined to cases where the same legal fact makes the same     

SPCIAL ISSUE： MIGRANT WORKERS IN THE COURSE OF URBANIZATION Introduction

The term ＂nongmin gong＂ （migrant workers, or literally, peasant/farmer-workers） was non- existent in any Chinese dictionary before the 1970s, and no equivalent may be found in an English dictionary even today. The seemingly contradictory combination of ＂peasant＂ and ＂worker＂ most accurately expresses the nature and social status of a large group in today＇s Chinese society. Members of this group are industrial workers in term of occupation, yet remain peasants in terms of status： they do not share the same rights as urban residents in the state redistributive system, even though they have ＂washed the mud off their feet,＂ and left their farmland to find employment in cities.     

Abstracts of Selected Papers

On the Constitute of Philosophy and Social Sciences Innovation Ability Xiong Jin Philosophy and social sciences innovation ability means promotion and development for existing theo- ry and system, which done by the subject of innovation in philosophy and social sciences, to be adapt to the needs of social era and the self - development of the theory. Philosophy and social sciences innovation can be characterized as proposal of new theories development of new methods, finding of new materials etc. Subject of innovation in philosophy and social sciences constitute singer researcher and institution （enterprise and scientific research institutes） and state （government）. So philosophy and social sci- ences innovation ability constitute knowledge transforming ability, personality and moral quality, ideolog- ical concept and consciousness as well as constitution of social system and mechanism.     

英文摘要

The establishment of China＇s basic economic system provides theoretical confidence for the compatibility between socialism and market economy. However, the institutional change from planning system to market system lacks the support of Marxist theoretical confidence. This article holds that the ownership theory of Marxism on productive relations should not undertake this task. However, productive relations require the theoretical support. Since it researches on the exchange and cooperation relationship among people and their order, which are positively consistent with the research object of modem institutional economics. Thus, the creation of Marxist institutional economics, taking the theoretical support for productive relations as the example, can help build Marxist theoretical confidence for the institutional changes in China.     

The Role of the Supreme People’s Court and Its Evolution

China does not have the political system of separation of powers into legislative, executive and judicial divisions but puts into practice a different kind of system for separation of powers and checks and balance among public security, the procuratorate and the trial of cases (to which we may add judicial administration) within the judicial organs themselves. The federalist judicial system finds no place here; instead,     

Introduction: Legal Transplantation in Contemporary China

Putting a socialist legal system in place in China since the 1980s has been a process of "legal transplantation," one which was in fact rooted in the legal reforms of the late Qing Dynasty (1644-1911). While widely subscribed to in legal scholarship, the farreaching impact of this transplantation has lacked careful theoretical reflection. This     

On Local Practice of Law in the Late 19th Century

Most students of China's legal history discuss its tradition from the perspective of the state-made law system, paying little if any attention to the roles and meanings of other knowledge systems in maintaining folk social order. While some may have been