Financing difficulties have always been one of the bottlenecks restricting the development of"three rural".The core to solve the difficulties is to seek financing collaterals that in line with the law and wi...Financing difficulties have always been one of the bottlenecks restricting the development of"three rural".The core to solve the difficulties is to seek financing collaterals that in line with the law and with the value able to be effectively evaluated.Besides,the law confirmation of the mortgage financing's form for Rural Land ManagementRight(RLMR)is the primary prerequisite for rural land financing.With the continuous advancement of rural revitalization strategy,the rural land reform with the main content of"three powers separation"has paid more attention to the functions of RLMR financing.Due to the lack of supply of existing laws,there are still certain legal risks in the financing of RLMR.Based on rural revitalization strategy,this paper made an in-depth analysis of the causes of financing risk of RLMR.Furthermore,we put forward some possible paths to legalize this right.展开更多
Big data is playing an important role in preventing,control and monitoring COVID-19,but during the process,the legality of the use of personal information shall be paid attention to.Personal information should be divi...Big data is playing an important role in preventing,control and monitoring COVID-19,but during the process,the legality of the use of personal information shall be paid attention to.Personal information should be divided into general information and sensitive information,and the use of sensitive information should take"Consent"as its legality basis.In the process of personal information collection,the subject qualification of the collection organization or personnel should be clearly defined,and the starting conditions and process specifications of the collection work should be determined.The use of personal information should be in accordance with legal provisions or agreed ways and purposes and should not violate individual privacy rights and other personality rights,and should not improperly display the"digital image"of individuals.展开更多
The cross-cultural legal cultural conflict is originated from the change of legal culture and social evolution in different countries,societies or nationalities,which is in fact reflected as the conflicts betw een rea...The cross-cultural legal cultural conflict is originated from the change of legal culture and social evolution in different countries,societies or nationalities,which is in fact reflected as the conflicts betw een reality,inherent value and attitude of laws. With the legal globalization produced by the high-speed social and economic development of modern society,Chinese and western legal cultures has frequent exchanges and with gradually expanded range,therefore the manifestation patterns of the legal conflict have experienced a qualitative change.T his paper tries to explore the causes of the legal conflicts from the historical and cultural perspective,taking legal pluralism as the guidance,introducing the cultural turn research paradigm,and putting forw ard the principles and regulations for the resolution of cross-cultural legal conflicts,and leading the legal culture conflicts to dissolve and integrate through regulation.展开更多
The sustainable development of the low carbon industry is depended on the brand strategy;brand strategy is the important part of low carbon industry.The brand strategy is the important support and the security of low ...The sustainable development of the low carbon industry is depended on the brand strategy;brand strategy is the important part of low carbon industry.The brand strategy is the important support and the security of low carbon industry;it is also the part and parcel of the development of low carbon industry.Its spiritual connotation owns intellectual property legal attributes,the brand strategy of low carbon industry is a series of activities which is to use the intellectual property law to provide the powerful legal support and legal protection when the low carbon industry setting up and developing to realize the development and the perfection of low carbon industry.Our legal system about the low carbon industry still remains lots of defects and weakness,how to use the existing legal system to develop the brand strategy of the low carbon industry is as important as making up for the shortage of the law.展开更多
As any other legal language does,legal English features a wealth of complex legal concepts as well as plenty of highly and unique professional terms and complicated syntax.Proper translation of legal English texts int...As any other legal language does,legal English features a wealth of complex legal concepts as well as plenty of highly and unique professional terms and complicated syntax.Proper translation of legal English texts into legal Chinese ones will throw a great social and economic impact on the society.Accordingly "accuracy" has always been regarded as the primary principle of legal English translation.However,as legal English falls within the ambit common law system and legal Chinese within the civil law system,to obtain real accuracy or even the effect of "equivalence" still remains an ideal pursuit of legal English translation standard.Having probed into Skopostheorie,which "boasts itself of one of the deconstructive translation studies"〔1〕 and focuses on the target-text's function and practicability,the author of this article finds that as to legal English translation skopos theory,in terms of text typology,offers a reasonable elucidation for a couple of translation strategies adopted in the target text.展开更多
Habermas is one of the Western scholars who make great contribution to the contem porary humanistic and social science. He puts forward the theory of communicative action,which,with language as the medium,aims at mutu...Habermas is one of the Western scholars who make great contribution to the contem porary humanistic and social science. He puts forward the theory of communicative action,which,with language as the medium,aims at mutual understanding and reaching an agreement. The theory of communicative action of Haberm as has the model significance for the reconstruction of the legal culture of China. Through studying of such a theory,this paper attem pts to interpret the rationalistic philosophy of the Western legal democracy which is based on the theory of discussion,and according to the current situation of the legal culture of China,this paper puts forward that we should refer to the theory of communicative action of Haberm as in order to accelerate the socialist legislation and prom ote the im plementation of the socialist concept of ruling by law.展开更多
Judicial procedure,as a legal method to exercise the jurisdiction,has become an important element of the legal system construction.To improve the judicial procedure,legal procedure must be strictly complied with to co...Judicial procedure,as a legal method to exercise the jurisdiction,has become an important element of the legal system construction.To improve the judicial procedure,legal procedure must be strictly complied with to complete the proceedings and the legitimate interests of the entities of the parties concerned and participants must be respected and protected.The reform of the judicial procedure system shall be strictly promoted and orderly carried out through scientific and reasonable setting,positive guidance in equal participation of both parties of the proceedings while making use of the security mechanism of supervision and restriction.展开更多
"Law and literature " comes from an American radical law school of the1970 s,and it was then considered a campaign,thus the school became one of the most post-modernistic schools of thought. Due to its weste..."Law and literature " comes from an American radical law school of the1970 s,and it was then considered a campaign,thus the school became one of the most post-modernistic schools of thought. Due to its western theoretic background,it is necessary to interpret its context; in other words,the "Law and literature"problems shall be interpreted in the Chinese context,which can also provide much inspiration and reference for the construction of China's legal system.展开更多
The higher education administration system in China has been a central theme in the reform and development of our country's higher education. In the past two decades,deviation from reform goals, absence of reform ...The higher education administration system in China has been a central theme in the reform and development of our country's higher education. In the past two decades,deviation from reform goals, absence of reform participants, vagueness of reform approaches and other problems have occurred despite the significant effects gained through constant innovations in the reform under the guidance of government policies. For the purpose of better reforming the higher education administration system, the concept of ruling by law, or that of managing the university by law, should be applied. The key is to rationalize the relationship between government and higher institutions as well as to fully exercise the autonomous management of universities and colleges in order to achieve an overall reform of higher education administration system that is conducted from within and without.展开更多
Heritage trust system can well make up the deficiencies in testamentary succession,gift by will and other systems.However,many existing problems have seriously hindered the development of China's heritage trust sy...Heritage trust system can well make up the deficiencies in testamentary succession,gift by will and other systems.However,many existing problems have seriously hindered the development of China's heritage trust system.This paper describes the concept and analyzes the nature of heritage trust system and makes some thoughts on improving China's heritage trust system based on its current situation and deficiencies.展开更多
Coke was undoubtedly a milestone in the history of the legal thoughts in Britain and even in the whole western world.Coke stressed the restriction of royalty and the suprem e status of the common law.In the British Pa...Coke was undoubtedly a milestone in the history of the legal thoughts in Britain and even in the whole western world.Coke stressed the restriction of royalty and the suprem e status of the common law.In the British Parliament’s struggle against the monarchy in the 17th century,he put forward the creative constitutional ideas about independence of judges and judicial review,advocating the protection of due process and the civil rights,which provided valuable ideological inspiration especially for the development of judicial review and the due process in the U.S.C onstitution.Just as the saying goes,"the old farmland would grow out new grain",looking back on traditional legal thoughts is im portant to the construction of a legal country for the present China.展开更多
基金A phasic achievement of the Ministry of Education Youth Fund Project named “Law Research on Online Transaction of Rural Land Management Right under the Background of Rural Revitalization Strategy”(Project No.18yjc820001)funded by the China Scholarship Council(Project No.201907845009)
文摘Financing difficulties have always been one of the bottlenecks restricting the development of"three rural".The core to solve the difficulties is to seek financing collaterals that in line with the law and with the value able to be effectively evaluated.Besides,the law confirmation of the mortgage financing's form for Rural Land ManagementRight(RLMR)is the primary prerequisite for rural land financing.With the continuous advancement of rural revitalization strategy,the rural land reform with the main content of"three powers separation"has paid more attention to the functions of RLMR financing.Due to the lack of supply of existing laws,there are still certain legal risks in the financing of RLMR.Based on rural revitalization strategy,this paper made an in-depth analysis of the causes of financing risk of RLMR.Furthermore,we put forward some possible paths to legalize this right.
文摘Big data is playing an important role in preventing,control and monitoring COVID-19,but during the process,the legality of the use of personal information shall be paid attention to.Personal information should be divided into general information and sensitive information,and the use of sensitive information should take"Consent"as its legality basis.In the process of personal information collection,the subject qualification of the collection organization or personnel should be clearly defined,and the starting conditions and process specifications of the collection work should be determined.The use of personal information should be in accordance with legal provisions or agreed ways and purposes and should not violate individual privacy rights and other personality rights,and should not improperly display the"digital image"of individuals.
文摘The cross-cultural legal cultural conflict is originated from the change of legal culture and social evolution in different countries,societies or nationalities,which is in fact reflected as the conflicts betw een reality,inherent value and attitude of laws. With the legal globalization produced by the high-speed social and economic development of modern society,Chinese and western legal cultures has frequent exchanges and with gradually expanded range,therefore the manifestation patterns of the legal conflict have experienced a qualitative change.T his paper tries to explore the causes of the legal conflicts from the historical and cultural perspective,taking legal pluralism as the guidance,introducing the cultural turn research paradigm,and putting forw ard the principles and regulations for the resolution of cross-cultural legal conflicts,and leading the legal culture conflicts to dissolve and integrate through regulation.
基金the initial results of the general project of the National Social Science Foundation in 2016“A study on the Reconstruction of International Anti-tax avoidance rules of Cross-border intangible assets transfer pricing in the Digital economy”(16BFX 165A)the Youth Program of philosophy and Social Sciences of Anhui Province in 2014“Research on the Establishment and system Construction of the right of tax Supervision in China”(AHSKQ2014D01)
基金the Social Science Fund Project of Jiangsu Province 2010:One of the results of the study on brand strategy development of low carbon industry in Jiangsu Province,(NO:10GLD022)
文摘The sustainable development of the low carbon industry is depended on the brand strategy;brand strategy is the important part of low carbon industry.The brand strategy is the important support and the security of low carbon industry;it is also the part and parcel of the development of low carbon industry.Its spiritual connotation owns intellectual property legal attributes,the brand strategy of low carbon industry is a series of activities which is to use the intellectual property law to provide the powerful legal support and legal protection when the low carbon industry setting up and developing to realize the development and the perfection of low carbon industry.Our legal system about the low carbon industry still remains lots of defects and weakness,how to use the existing legal system to develop the brand strategy of the low carbon industry is as important as making up for the shortage of the law.
基金National Social Science Project (2013) of School of Foreign Languages of Southwest University of Political Science and Law : Comparative Studies on English Versions of Laws in the Qing Dynasty,Project Number: 13BYY030
文摘As any other legal language does,legal English features a wealth of complex legal concepts as well as plenty of highly and unique professional terms and complicated syntax.Proper translation of legal English texts into legal Chinese ones will throw a great social and economic impact on the society.Accordingly "accuracy" has always been regarded as the primary principle of legal English translation.However,as legal English falls within the ambit common law system and legal Chinese within the civil law system,to obtain real accuracy or even the effect of "equivalence" still remains an ideal pursuit of legal English translation standard.Having probed into Skopostheorie,which "boasts itself of one of the deconstructive translation studies"〔1〕 and focuses on the target-text's function and practicability,the author of this article finds that as to legal English translation skopos theory,in terms of text typology,offers a reasonable elucidation for a couple of translation strategies adopted in the target text.
文摘Habermas is one of the Western scholars who make great contribution to the contem porary humanistic and social science. He puts forward the theory of communicative action,which,with language as the medium,aims at mutual understanding and reaching an agreement. The theory of communicative action of Haberm as has the model significance for the reconstruction of the legal culture of China. Through studying of such a theory,this paper attem pts to interpret the rationalistic philosophy of the Western legal democracy which is based on the theory of discussion,and according to the current situation of the legal culture of China,this paper puts forward that we should refer to the theory of communicative action of Haberm as in order to accelerate the socialist legislation and prom ote the im plementation of the socialist concept of ruling by law.
文摘Judicial procedure,as a legal method to exercise the jurisdiction,has become an important element of the legal system construction.To improve the judicial procedure,legal procedure must be strictly complied with to complete the proceedings and the legitimate interests of the entities of the parties concerned and participants must be respected and protected.The reform of the judicial procedure system shall be strictly promoted and orderly carried out through scientific and reasonable setting,positive guidance in equal participation of both parties of the proceedings while making use of the security mechanism of supervision and restriction.
文摘"Law and literature " comes from an American radical law school of the1970 s,and it was then considered a campaign,thus the school became one of the most post-modernistic schools of thought. Due to its western theoretic background,it is necessary to interpret its context; in other words,the "Law and literature"problems shall be interpreted in the Chinese context,which can also provide much inspiration and reference for the construction of China's legal system.
文摘The higher education administration system in China has been a central theme in the reform and development of our country's higher education. In the past two decades,deviation from reform goals, absence of reform participants, vagueness of reform approaches and other problems have occurred despite the significant effects gained through constant innovations in the reform under the guidance of government policies. For the purpose of better reforming the higher education administration system, the concept of ruling by law, or that of managing the university by law, should be applied. The key is to rationalize the relationship between government and higher institutions as well as to fully exercise the autonomous management of universities and colleges in order to achieve an overall reform of higher education administration system that is conducted from within and without.
基金an interim result of the“Research on the Construction and Perfection of China’s Heritage Trust System”program(2014SJB139)that was funded by Philosophy and Social Science Research Fund for Universities in 2012
文摘Heritage trust system can well make up the deficiencies in testamentary succession,gift by will and other systems.However,many existing problems have seriously hindered the development of China's heritage trust system.This paper describes the concept and analyzes the nature of heritage trust system and makes some thoughts on improving China's heritage trust system based on its current situation and deficiencies.
基金the staged achievement of the key program of the national social sciences fund-On the Development Road of Human Rights with Chinese Characteristics(No.:11AZD044)
文摘Coke was undoubtedly a milestone in the history of the legal thoughts in Britain and even in the whole western world.Coke stressed the restriction of royalty and the suprem e status of the common law.In the British Parliament’s struggle against the monarchy in the 17th century,he put forward the creative constitutional ideas about independence of judges and judicial review,advocating the protection of due process and the civil rights,which provided valuable ideological inspiration especially for the development of judicial review and the due process in the U.S.C onstitution.Just as the saying goes,"the old farmland would grow out new grain",looking back on traditional legal thoughts is im portant to the construction of a legal country for the present China.
