The continuous debate on the formal rule of law and the substantive rule of law in the construction of the rule of law in China not only affects the understanding of the connotation of the rule of law in China,but als...The continuous debate on the formal rule of law and the substantive rule of law in the construction of the rule of law in China not only affects the understanding of the connotation of the rule of law in China,but also the choice of the path for the development of the rule of law in China.In the new stage of “comprehensively advancing the Law-Based Governance of China”,the process of “comprehensively advancing the Law-Based Governance of China” is also a process of continuously improving the rule of law quality in China.And from this perspective,the relationship between the formal rule of law and the substantive rule of law has got a new meaning.Promoting the substantive rule of law is an important way to realize the development of the rule of law and improve the quality of the rule of law.At the same time,the promotion of the substantive rule of law should follow the “people-centered” nature of the rule of law and the objective is conducive to the promotion of the rule of law and the formation of the “rule of law ecology”.展开更多
Enterprise regulations and rules play a major role in corporate governance.However,in recent years,a large number of enterprise regulations and rules were illegal and were thus annulled by the court,and enterprises be...Enterprise regulations and rules play a major role in corporate governance.However,in recent years,a large number of enterprise regulations and rules were illegal and were thus annulled by the court,and enterprises bear related liability to pay compensations.The author analyzed and discussed the predicament of legitimacy in enterprise rules and regulations step by step in three aspects including the legal connotation of enterprise rules and regulations,legitimacy dilemma in the enterprise rules and regulations,measures should be taken by enterprises under the current law framework.The paper aims to provide ideas and thoughts for Chinese enterprises to overcome the legitimacy dilemma of enterprise rules and regulations and give full play to their important roles in corporation governance.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The phased achievements of the Major Project of National Social Science Fund of China“A Study on the Civil Law Spirit and the People-Centered Model of the Construction of Socialist Rule of Law Culture”(14ZDC022)
文摘The continuous debate on the formal rule of law and the substantive rule of law in the construction of the rule of law in China not only affects the understanding of the connotation of the rule of law in China,but also the choice of the path for the development of the rule of law in China.In the new stage of “comprehensively advancing the Law-Based Governance of China”,the process of “comprehensively advancing the Law-Based Governance of China” is also a process of continuously improving the rule of law quality in China.And from this perspective,the relationship between the formal rule of law and the substantive rule of law has got a new meaning.Promoting the substantive rule of law is an important way to realize the development of the rule of law and improve the quality of the rule of law.At the same time,the promotion of the substantive rule of law should follow the “people-centered” nature of the rule of law and the objective is conducive to the promotion of the rule of law and the formation of the “rule of law ecology”.
文摘Enterprise regulations and rules play a major role in corporate governance.However,in recent years,a large number of enterprise regulations and rules were illegal and were thus annulled by the court,and enterprises bear related liability to pay compensations.The author analyzed and discussed the predicament of legitimacy in enterprise rules and regulations step by step in three aspects including the legal connotation of enterprise rules and regulations,legitimacy dilemma in the enterprise rules and regulations,measures should be taken by enterprises under the current law framework.The paper aims to provide ideas and thoughts for Chinese enterprises to overcome the legitimacy dilemma of enterprise rules and regulations and give full play to their important roles in corporation governance.
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.
