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.     

Enlightenment and Its Fortunes in China’s Modernization

Abstract

The central concept of Western Enlightenment is scientific reason. It catalyzed the development of modernity, but itself contains a series of paradoxes: between “ought” and “is,” between necessity and freedom, between universality and historicity, and so on. The impact of Enlightenment reason on China was negative in that it generated a superstitious belief in the omnipotence of scientific method and in Western experience and political principles. Consequently, Chinese liberals were unable to handle the relationship between modern Western culture and traditional local culture and the relationship between the ideals of Enlightenment modernity and the objective requirements of real-life politics. At the same time, they were unable to identify the rational and non-rational elements in Western modernity or to develop what was useful and discard what was not. The real value of the Enlightenment lies in its spirit of reflective criticism. It is, therefore, an unfinished business in terms of eliminating superstition and dogma.     

A Realistic Path to Implementing China’s Budget Law

The core issue for the implementation of modern budget law is to optimize the satisfaction of society’s demand for public goods. The form of implementation mechanism that will best achieve this goal has thus become a major topic in the field of legal research. To go beyond the Anglo-Saxon budget model and construct a realistic path for the implementation of China’s budget law, this issue needs to be explored from the perspective of Chinese citizens in a way that safeguards the fundamental interests of the people and is premised on upholding and improving the People’s Congress system, so as to achieve a balance between internal and external budget allocation relationships. There are three routes to implementing China’s budget law: the political, the social, and the judicial. Under the first, citizens’ political identity interests are represented by deputies who oversee the budgetary powers of administrative bodies through the People’s Congress. Under the second, citizens individually or collectively participate, influence or even decide the allocation of public economic resources through dialogue, negotiation, reasoning and argument with the responsible budgetary agency in the course of the budget’s compilation, examination and approval, execution and supervision. Under the third, the establishment of a system for budgetary litigation allows citizens to participate in and supervise the implementation of the budget law, individually or collectively. This provides judicial security for the law’s implementation. These three realistic implementation routes represent the dialectical unity of concerted institutional effort aimed directly at effective implementation of budget law. Judicial interpretations of budget law implementation indicate the importance and urgency of promoting national governance capacity through reform of the legal systems governing finance and taxation. This explains the significant role of finance and taxation law in national governance.     

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     

Reflections on China＇s Road of Peaceful Development and Its Significance for World History

中国的发展道路必然是和平主义性质的,这种和平主义虽然与中国的文化传统有着密切的联系,但本质上是由中国近代以来的历史性实践为其制订方向的;由于这条道路不可能依循现代资本主义的基本建制来为自己取得全部规定,所以它在批判地澄清现代冲突与战争之主要根源的同时,为中国和平主义传统的复活与重建提供了现实的可能性;中国发展的和平主义道路将具有这样一种世界历史意义：它把不以扩张主义为出发点也不以霸权主义为必然归宿的发展前景启示给人类向着未来的历史筹划。     

A Study of an Industrialization Strategy for China’s Upper-Middle Income Stage

When the high-income East Asian economies entered the upper-middle income stage, their long-term growth was sustained by their real manufacturing output share and total factor productivity (TFP). This is a typical pattern that is highly consistent with classical development economics, which sees manufacturing as the engine of economic growth. When China became a middle-income country, its share of real manufacturing output and TFP both fell over the same period, exhibiting a theoretical and empirical tendency toward “premature deindustrialization” that increases the risk of being caught in the middle-income trap. Accelerating China’s development as a manufacturing power, advancing high-tech manufacturing and improving the quality and efficiency of traditional industries are realistic options for the country’s industrial development strategy.     

The Selection of China’s Industrialization Path: Analysis of Different Economic Growth Models from an Economic Perspective

Analysis of different growth models from an economic perspective Modern economics divides the develop- ment of the first countries to industrialize (Britain, the US, Japan etc) into four stages: the pre-take-off stage; the early stage of economic growth from the first industrial revolution in the latter part of the 19th century up to the period before the second industrial revolution; the stage of modern economic growth following the second industrial revolution;     

Localization of Marxism in China and the Construc-tion of China’s Modernity

现代性在中国的生成与建构,是与马克思主义中国化历史地联系在一起的;中国现代性的建构,也历史地确定了马克思主义中国化的起点、任务与方向。马克思主义中国化的理论任务就是要求确立以建设为核心的观念、以促进人与社会的全面发展为主旨的马克思主义理论话语系统,构造一套符合全球化时代要求、有利于中华民族复兴及长治久安、并具有自检与防御机制及能力的开放性的社会、政治与文化体系。     

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.     

Implications of the Financial Crisis for China’s Information Supervision and Curbing of Financial Corruption

美国次贷危机 (金融危机) 彰显了现有金融监管模式对于系统性风险的防范失 败。次贷危机的根源, 很大程度上可以归咎于金融信息披露严重失范滋生的金融腐 败。作为一种规制金融信息披露、通过透明度约束降低腐败的需求与供给的监管方 式, 信息监管对于遏制金融腐败具有重要作用。比较美国新的金融监管体制改革, 立 足中国实践, 重构金融监管体制, 可以以信息监管为中心, 进一步完善金融机构的信 息披露制度, 努力构建一个统合的金融信息平台, 建设有效的信息共享机制, 整合监 管资源, 形成金融反腐防腐的强大合力。

关键词: 信息监管 金融腐败 次贷危机

The US subprime crisis (financial crisis) highlights the failure of existing mechanisms of financial regulation to prevent systemic risk. Reflection shows that the fundamental causes of the subprime crisis are largely attributable to financial corruption arising from grave violations of financial information disclosure. Information supervision is an important check on financial corruption in that it serves as a means of regulating financial information disclosure and through transparency, reducing the demand for and supply of corruption. Drawing upon the recent reform of the US financial regulatory system and grounding ourselves on Chinese practice, we believe the reconstruction of the financial regulatory system should center on information supervision, with a focus on improving the system of information disclosure for financial bodies, building a unified financial information platform and an effective information-sharing mechanism, and integrating all supervisory resources into a unified and powerful force against financial corruption.     

New Breakthrough Required for China’s Public Health System Reform

文章在对中国公共卫生发展状况进行回顾分析的基础上,探索了今后的发展方向。作者认为,经济体制改革之后,中国的公共卫生面临着新的经济社会条件,也面临着诸多新的挑战。最突出的问题是在体制上不能适应新的变化,因此需要加快体制改革。在具体对策方面,则需要加强部门之间的联系,加强社区卫生服务,加强政府与社会组织以及独立的非营利组织之间的联系,以期形成新的公共卫生治理格局。     

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,     

Changes in China and China’s Diplomatic Strategy

With regard to discussions on China's diplomatic strategy, an appropriate conceptualization based on social changes in contemporary China can help us grasp the fundamental functions, underlying causes and basic direction of the strategy.     

On the Basic Characteristics of China’s Classical Management Science

Ever since the pre-Qin period, almost all scholars, thinkers and philosophers in all dynasties have thought about and studied the issue of “how to run the country well” in varying ways and have put forward a vari- ety of different views and theories. We may use a cover-all term for their exploratory work and its intellectual results: “China’s clas- sical management science.” The philosophers and thinkers of the pre-Qin period did not concern themselves with political institutions. They n…     

Accurate Understanding of China’s Income,Consumption and Investment

Abstract

This study elaborates on the differences between resident disposable income in the flow of funds table and in the household survey; between household consumption in expenditure-based GDP and in the household survey; and between gross fixed capital formation in expenditure-based GDP and total fixed asset investment in the whole country as shown in investment statistics, from the point of view of their basic concepts and purposes, scope of specifications, data sources, calculation methods and data presentation. We show that the household survey somewhat underestimates household income and consumption, while investment statistics somewhat overestimate total investment in fixed assets. This does not, however, directly affect the accurate understanding of such major economic structures as the structure of the distribution of Chinese nationals’ disposable income among households, enterprises and government, the structure of final demand, etc.     

The economic effects of carbon tax on China’s provinces

The responsibility for carbon emissions tends to be different under different emission accounting principles. By applying the latest 2012 Chinese multi-regional input–output table, this study evaluated the impacts of carbon tax on tax burdens and sectoral competitiveness in Chinese provinces when considering either production-based or consumption-based emissions. Our results indicated that, in the scenario of cutting production tax for carbon tax, the developed provinces, such as Beijing, Shanghai, Zhejiang, and Jiangsu, who are much bigger payers of production tax, are net beneficiaries of carbon tax. In contrast, recycling the tax revenues to low-income households makes the less-developed provinces in the central and western China become net revenue receivers. Furthermore, for competitiveness effects, the emission intensive sectors, such as Electricity and hot water production and supply, Petroleum and gas, and Metal products, are impacted vitally under both accounting principles in all provinces. Nevertheless, compared with the production-based principle, a consumption-based carbon tax could reduce the unfavorable competitiveness effects of most affected sectors in the less-developed provinces, while slightly increasing those effects in the developed provinces. Our results provide new information on the regional impacts of carbon tax based two different accounting principles with different tax revenue recycling scenarios.     

China’s Anti-corruption Strategies from the Viewpoint of Criminal Justice

腐败案件的高发案率是中国当前所处的社会转型期的突出特点。为了适应治理腐 败犯罪的需要, 中国刑事司法形成了一整套独具特色的侦查体制、办案原则, 并且注 重依靠群众查办腐败案件, 注重打击重点的随时调整。中国刑事司法注重提高腐败案 件的侦查能力和加强反腐败刑事司法的规范化建设等, 这是中国反腐败策略在刑事司 法领域的具体体现。同时, 中国在反腐败刑事程序如何与国际公约对接等方面面临着 一些挑战, 这也指引着中国刑事司法改进的方向。

关键词: 反腐败 社会转型 刑事司法 司法改革

A high incidence of corruption cases is a conspicuous feature of China’s present stage of social transition. Responding to the demands of combating corruption, Chinese criminal justice has developed a unique set of investigative methods and principles for handling of such cases, placing a high value on relying on the masses to find and act on cases of corruption and promptly adjusting its focus to the key areas of such crimes. It concentrates on enhancing investigative capacity and strengthening the standardization of anti-corruption criminal justice. These practices represent the concrete embodiment in the field of criminal justice of the government’s anti-corruption strategies. At the same time, China also faces some challenges in adjusting these procedures to accord with international practice. This is one of the aims of the judicial reform in China.     

On the Two Main Lines of China’s Economic Reform

In the autumn of 1987, the State Commission for Restructuring the Economic System organized eight units including the Research Group of the Chinese Academy of Social Sciences (CASS) to submit reports providing an outline economic reform plan for China for 1988-1995. The CASS Research Group recommended that enterprise reform and pricing and ownership reforms and their operational mechanisms should be carried out alongside each other in a two main lines approach. China’s deepening economic reforms have adhered to these two main lines throughout the last forty years. The first main line includes the revival and development of the individual economy, followed by the private economy, the introduction and utilization of foreign capital, and the reform of public ownership, including the state-owned system. In 1997, the 15th National Congress of the Party proposed the establishment of a socialist basic economic system with public ownership as the main body and simultaneous development of multiple forms of ownership. “Public ownership as the main body” is reflected in the dominance of public assets among total social assets and the fact that the state-owned economy controls the lifeline of the national economy and plays a leading role in economic development. The dominant role of public ownership has not changed in the forty years of reform and opening up. The second main line covers price reform, building a modern market system, reforming macro-control mechanisms and perfecting the macro-control and regulation system. From 1979 to 2017, our GDP grew at an average annual rate of 9.5 percent, while the CPI grew at an average annual rate of less than 5 percent: a perfect match. The two main line approach is in line with the provisions of economic reform in the new era proposed in the report at the 19th National Party Congress, which focuses on improving the property rights system and market-oriented factor allocation. There is no distinction of primary or secondary in the role of the two main lines; both are equally important. They are united in the establishment and improvement of the socialist market economic system.     

Marx’s International Outlook and Its Contemporary Value

Marx probed into the laws of the evolution of world history and the international system from the perspective of grand history, incisively revealing the inherent historical dynamics and evolutionary secrets of the laws of this development and thus providing a new analytical framework for our understanding of the nature of international relations and the characteristics of the era. Compared with related international relations theories of the same period, Marx’s international outlook had a unique class standpoint and methodological principles and adopted rigorous speculative logic and lofty values. Marx conducted scientific research and dialectical analysis of the laws of evolution and the intrinsic nature of international society, especially the historical mission of the proletariat. These ideas, unique in the intellectual and theoretical spectrum of international relations, provide an intellectual guide for the innovation of Chinese diplomatic theory in the new era.