Socialist Market Economy and the Perfection and Development of Private International Law in China

Theestablishmentandoperationofasocialistmarketeconomyneedsasetoflaws,regulations,andlegalsystemsthatarecompatiblewithit.Theseincludeasoundprivateinternationallawsystemandasoundinternationaleconomiclegalsystem-thetwolegalsectorswhichserveasthefoundationonw…     

An Exploration of Major Factors in the Cultural Ecology of the German Aesthetic Discourse of Modernity＊

德意志审美现代性话语是近代以来德意志历史发展的自我显现,由德意志自然、历史、社会、思想共构的德意志文化生态,统摄着德意志审美现代性话语的历史命运,也现实地决定着德意志审美现代性话语的本质特征。德意志由文化立族,新教精神是德意志的民族意识、思想观念、文化理解、生活经验的灵魂。由市民社会孕育、养成的社会结构、生活方式、文化制度等德意志市民文化生态情境,极大地决定了德意志审美现代性话语的形态。德意志启蒙思想中的感性确立与美的独立、理性主义调整与价值理性的生成、艺术公共性的建立三大思想情致,是德意志文化生态的构成元素。     

International Law as the Law of Domestic Governance: China’s Propositions and Institutional Practice

Like domestic law, international law can be used in domestic governance, where it can become an important instrument assisting China’s Party and government to rule the country and manage state affairs. Incorporating part of international law into domestic law and comprehensively advancing the rule of law in accord with the principle of national sovereignty demonstrate the openness and international vision of China’s rule of law construction. Translating these propositions into concrete institutional practice will be of vital significance for improving the socialist rule of law with Chinese characteristics, advancing the international rule of law and promoting world peace.     

The Application of Model Law in China

1. Theoretical and practical grounds forapplying model law to China’s realitiesThere are benefits in two aspects. First,benefits in terms of time. In China, legisla-tion is subject to central planning, but cen-tral legislative organs cannot prepare all thenecessary laws at one go, and this deficitwill not be made up in the short term.     

An Exploration of Congruence in the Community Service Use Attitudes of Older Spousal Caregiver–Care Recipient Dyads

ABSTRACT

This study explored within-dyadic congruence in community service use attitudes of older spousal caregiver–care recipient couples. Primary data collection consisted of in-person, standardized survey interviews with 30 caregiver–care recipient pairs. The study employed the intraclass correlation coefficient (ICC) to examine within-dyadic similarities on caregivers' and care recipients' responses to 29 items from the Community Service Attitude Inventory (CSAI). To measure the degree of match between caregiver and care recipient pairs, ICCs were calculated for each dyad (n = 30) and ranged from ?.26 to .84, indicating variation in the degree to which caregivers and care recipients displayed congruence on community service use attitude scores. The distribution of the Index of Dyadic Similarity was highly negatively skewed (skewness = ?2.159), indicating overall patterns of similarity at the dyadic level of analysis. Service use preferences and values across the seven attitudinal domains (confidence in service system, wait-and-see attitude, concern for opinion of others, pride in family independence, rejection of government assistance, worry and fear about outside help, and preference for informal care) were similar between dyadically related individuals. Although the overall trend of dyadic similarity was notable in this sample, variation in the Index of Dyadic Similarity suggests the need for future dyadic-level research to better understand within-dyadic congruence on specific attitude constructs and in relationship to service use outcomes. Specific methodological challenges relevant to conducting dyadic-level primary research with older spousal couples are discussed.     

The Chinese Model of Development： An International Perspective

随着中国改革开放事业的成功,国内外关于中国模式的研究日渐增多。然而,大多数学者尤其是西方学者在研究中国模式时,往往会回避中国的政治模式,仅仅把中国模式局限于中国在经济上的成功。但实际上,如果不讨论中国的政治模式,就很难理解中国的经济模式,因为到目前为止,中国的经济模式正是中国的政治模式促成的。对很多发展中国家而言,如何建立稳定的政治社会秩序是其面I艋的艰巨挑战,对此,中国模式的政治和经济内涵都非常具有借鉴意义。     

An Intrinsic Perspective on the Rule of Law: Observations on the Movement to Modernize Chinese Law

本文作者将法治理论置于特定的历史、文化和社会情景中加以反思,提出了法治的"内在视角"。这一视角至少包含三重含义:首先它要求我们从一个社会的内部看问题,了解这个社会的发展脉络及其种种问题,探索这些问题与法治诉求之间的联系;其次,因为强调社会发展内在脉络的重要性,就不可避免地要审视传统与现代的内在关系,既不简单地将传统视为现代的对立物而抛弃,也不把名为现代化的事业都视为对传统观念、制度的全面剔除和取代;最后,这一视角还要求我们改变习惯的自上而下看问题的方式,尝试着自下而上地了解和看待这个世界。     

A Legal Analysis of Leadership Accountability: An Approach from the Director’s Duty of Care in Corporate Law

领导责任是问责制的核心组成部分,规定在党的纪律条例和行政法规之中。领导责任和直接责任相对,在事故发生之后,如何确定非直接的领导责任,在现行的理论中并没有得到阐释。从目前的规则和实施来看,领导责任不仅属于政治责任,而且也是法律责任,是对由于懈怠和不作为,和事故之间存在“非直接因果关系”的一种新型责任。公法上并不存在着“非直接责任”的司法审查,而私法的侵权模式也不能通过法院对行政机关的自由裁量进行审查,由此,领导责任类似于公司法的“督导系统”的责任,包括“红色警报”和“警察巡逻”的事前义务,以及作为免责事由的“业务判断规则”。同时,责任追究和组织的激励之间存在着紧密关系,政府组织的公共性也要求有更广泛的免责事由,进而本文批评了现有的领导责任实施中的不足。     

On the “criterion” of proof in capital cases and the revision of the Criminal Procedure Law

解决死刑案件质量问题,首先应保障死刑案件的实体公正,即案件的事实和证据 不至于存在问题。而在保障死刑案件的事实和证据无质量问题中,首先需要考虑的是 不会发生不可挽回的错误,同时,还需要防止发生不可饶恕的错误。为此,我们必须 达到可以判处死刑的“证明标准”即证明要求。由于证明要求的实现应当以完善的程 序作为保障,因此,中国的刑事诉讼法需要对死刑案件的相关程序予以进一步完善。

关键词: 死刑?案件质量?实体公正?证明标准?程序

To guarantee quality in capital cases, the first essential is to ensure substantive justice, which means that there must be no problems with regard to the facts and evidence in the case. In ensuring that there is no qualitative problem with either the facts or the evidence in capital cases, the first consideration is that there should be no chance of an irretrievable error. At the same time, it is necessary to forestall any unforgivable miscarriages of justice. To do this, it is necessary to meet the “criterion of proof” for imposing a death sentence, that is, the requirements for proof. As the requirements for proof can only be guaranteed by adequate procedures, China's Criminal Procedure Law needs to improve its handling of procedures relating to capital cases.     

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:     

Establishment of the Law of Safe-guard Measures in China and Trends in Its Development

Safeguard measures constitute a very important part of the WTO framework and permit governments to take trade-restricting measures to resolve     

Stories of contemporary aging: An analysis of “lived” citizenship in later life

ABSTRACT

The new political economy of aging portrays “active citizenship” among seniors as a key challenge for the years to come. As a policy framework, Active Aging ranks high on the agendas of most supranational bodies. Informed by discourse analysis and a narrative approach, this article focuses on, first, older women’s everyday “active” practices, their meaning, and purpose and second, their day-to-day practical citizenship and social engagement experiences. A typology consisting of four figures of “lived” citizenship is proposed. Social contribution in later age is expressed through various types of engagement identified through these citizenship figures. These figures support older women’s social anchoring and sustain their feeling of belonging to the community. However, the figures outlined also reveal tensions, produced by relations of power between “dominant citizenship” and “relational citizenship,” pertaining to social relations and to caring for the other. In the latter case, we see that the coupling of action between the choice of action and social engagements in later age is more limited, due to social and health inequalities as well as lack of opportunities throughout the life course. Finally, in order to guarantee the right to age with dignity, we suggest a change of orientation in aging policies.     

On Guardianship of Courts in Implementing the Administrative License Law

The trial by the people’s court of a caseinvolving administrative licensing is, in fact,a process involving the judicial review of thelegitimacy of the administrative licensing act.The core of the trial consists in reviewingwhether the administrative licensing act(including administrative licensing and otherclosely related administrative acts of denialof administrative licensing and canceling ofadministrative licensing) abides by legalregulations. The Administrative License Lawdefines a set …     

A Perspective on Genetic Modification: An Exploration from the Perspective of Social Anthropology

转基因技术既与人们的日常生活密切相关,又能从中透视社会制度、文化传统、全球化与地方化的演变过程与特性,理应成为社会人类学关注的对象。本文以转基因大豆为例,探讨了中国社会结构背景和主流话语下对转基因技术的本土反应和消费者处境。     

On the “International Law-Based International Order”

In recent years, some countries have advocated a “rules-based international order.” However, they have not explicitly defined the “rules” here as “international law” and thereupon elaborated on their view of the rules for the international order. In fact, a series of legal practices implemented by these countries indicate that what they pursue is largely a view of rules that prioritizes domestic law over international law and regional international law over universal international law, and that ...     

A Community of Shared Future for Mankind—The Contemporary Development of the Social Foundations Theory of International Law*

In the traditional understanding, the social basis of the emergence and existence of international law can be summed up as an international society in which interstate conflict and cooperation and interests and contradictions coexist. In recent years, the term “international community” has been widely used in national practice and academic discourse. Many scholars believe that the development of interstate relations indicates that the international community is being transformed into a global international community. The concept of “a community of shared future for mankind” reflects China’s new understanding of the social foundations of international law. It introduces Chinese traditional culture into global governance, develops Marxist theory on the community, is concerned both for mankind as a whole and for individuals, highlights the ultimate issues of the international community, and emphasizes the international community’s union of diversity and interdependence. The idea of “a community of shared future for mankind” is of great significance for the theory and practice of international law; it reflects the emergence of methodological holism, the response of international law to the questioning of its legitimacy, and the trend toward hierarchical systematization in international law. The concept of “a community of shared future for mankind” is of great value to China’s participation in the reform of the global governance system. It will help promote appreciation of the relations between China and the world, enhance China’s international discourse power and discourse force, and promote the rule of law in international relations that China advocates.     

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     

An Analysis of the Characteristics of Regional Industrialization in China

Characteristics of the regional structure of industrialization in China If we take the year 2004 as a temporal cross-section,     

An Analysis of the Cost of Industrial Products in China

Sincetheintroductionofreformin1978,China'sindustrialproductionhasforgedaheadataraterarelyseeninthemodernworld.Atthesametime,thespiralingcostofindustrialproductshasinevitablycausedgreatconcern.Thispaperwillexaminefromamacro-economicperspectivewhycostshavec…