When developing and integrating a new environmental legal system under the Environmental Code,the joint regulation of ecology and environment,natural resources and an energy beyond the sphere of mere environmental con...When developing and integrating a new environmental legal system under the Environmental Code,the joint regulation of ecology and environment,natural resources and an energy beyond the sphere of mere environmental concerns can be achieved;the semantic expression of environmental regulation can be expounded.Additionally,through the codification of environmental law,a revolutionary path for the structure of authority can be found.Environmental codification dictates a method for clarification of the boundaries and relations of environmental management authority.Under the theory of Holistic Governance and in the codification process,the reform of environmental regulation authority should be concluded from both vertical and horizontal dimensions,through organizing,integrating,separating,classifying and finally,by establishing a synergy between the central and local governments and their departments.This can break down structural barriers to communication and cooperation of the ecological regulation and resource management authority and help establish uniformity of environmental regulation.展开更多
This article intends to provide some perspective on how a normative framework for environmental regulation could be developed in theory.It focuses on the quality of Chinese environmental legislation based on five crit...This article intends to provide some perspective on how a normative framework for environmental regulation could be developed in theory.It focuses on the quality of Chinese environmental legislation based on five criteria,i.e.effectiveness,efficiency,enforceability,proportionality,and clarity.This article then evaluates Chinese current environmental legislation from the perspective of good quality of legislation.In conclusion,this article puts forward several suggestions in order to improve China' s current environmental law.These approaches include establishing integrated legal principles,introducing the public choice theory into law-making process,and choosing environmental instruments in a appropriate way.展开更多
This study explores how the concept of enforcement style can be adapted to be more analytically useful in the study of environmental regulation,based on case studies of pollution control in the sector of petroleum ind...This study explores how the concept of enforcement style can be adapted to be more analytically useful in the study of environmental regulation,based on case studies of pollution control in the sector of petroleum industry in China. Inspired by earlier western studies on the theme of enforcement style,this article proposes a creative dimension for analyzing enforcement styles. It is suggested that enforcement styles comprise the degree of formalism,the degree of coercion,and the degree of willingness to enforcement. The second contribution is in showing the relationship of different types of enforcement styles to the three dimensions. In addition,we analyze the enforcement styles in the sector of pollution control of petroleum industry based on the refined hypothesize and draw out lessons to be learnt.展开更多
The supervisory system and the examination system are two indigenous political systems of China,and the former has a longer history than the latter when it comes to the origin.Having inherited the essence of the super...The supervisory system and the examination system are two indigenous political systems of China,and the former has a longer history than the latter when it comes to the origin.Having inherited the essence of the supervisory system since the Qin Dynasty,the supervisory rules in the Ming Dynasty opened a new chapter of legal thoughts of monitoring.This paper started with the design of the supervisory institutions in the Ming Dynasty recorded in the historical materials such as the Memoir of Ming Dynasty and The Interpretive Supplements to"The Great Learning",to get a glimpse of the main content of the legal thoughts of supervisory at that time,and tried to"take history as a mirror"to provide insights and lessons of the legal thoughts of supervisory in the Ming Dynasty for the later generations.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
As the person chiefly in charge of the establishment of the 1982 C onstitution,Peng Z hen made a great contribution to the articles and the w hole process of establishment.First of all,he w as highly responsible in th...As the person chiefly in charge of the establishment of the 1982 C onstitution,Peng Z hen made a great contribution to the articles and the w hole process of establishment.First of all,he w as highly responsible in the process of establishment,w hich promoted each step. M ore importantly,his theory on socialist constitutionalism and the understanding about socialist democracy and legal system had profound influence on the 1982 C onstitution,w hich became a milestone for the socialist constitution establishment in C hina. Such a constitution not only recorded great achievements in the form of the fundamental law since the period of"setting things right",but also restated the basic socialist constitutional values and ideas about democracy,legal system,civil rights and so on. All in all,w hat Peng Z hen had done for the establishment of the 1982 C onstitution helped us have a better understanding of the development of the socialist constitutional government in C hina.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
As the mainstream ideology in the traditional Chinese social structure,Confucian ethical thoughts have existed for a long time and influenced the social ethical structure and the formation of cultural psychology and p...As the mainstream ideology in the traditional Chinese social structure,Confucian ethical thoughts have existed for a long time and influenced the social ethical structure and the formation of cultural psychology and personality of Chinese people significantly.Taking the internal relation of the role of Confucian ethical thoughts in the formation of personality as a point of penetration,this paper discusses the internal relation between the shaping of social consciousness by Confucian ethical thoughts and the formation of personality as well as its influence mode,revealing the construction process of psychological personality by Confucian culture.On this basis,we explore the advantages of Confucian social ethics by making full use of its positive factors and promote the improvement of individual's personality with social psychology.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 the most realistic and reliable alternative energy source in China, unconventional gas plays an increasingly important role in the energy structure.Promoting the development of unconventional gas resource has been ...As the most realistic and reliable alternative energy source in China, unconventional gas plays an increasingly important role in the energy structure.Promoting the development of unconventional gas resource has been a must for ensuring national energy security and developing green and low-carbon economy.There are abundant unconventional gas resources in China,such as shale gas and coalbed methane (CBM), etc., and the mining technology is becoming more and more mature.However, the relevant legislation for the development and utilization of unconventional gas resources is far behind the development demands of this industry, which seriously impedes the rapid development of this industry.This paper analyzes and researches the legal system related to the development and utilization of unconventional gas resources, and proposes individual suggestions for improving the legal system for development and utilization of unconventional gas resources in China through references of successful legislative experience in some countries where unconventional gas industry has developed rapidly,such as the United States and Canada.展开更多
Preliminary investigation generates from China's investigation practice of duty crime spontaneously.The deviation between expression and practice of preliminary investigation has both advantages and disadvantages,...Preliminary investigation generates from China's investigation practice of duty crime spontaneously.The deviation between expression and practice of preliminary investigation has both advantages and disadvantages,doing more harm than good.In order to solve the problem,the benefit drive mechanism of actors of preliminary investigation should be changed from two aspects:to make mechanism of target assessment scientific and to evade risks from objects being investigated;legal consequences for violating preliminary investigation procedure,implementation mechanism and supervision and restriction mechanism of right to preliminary investigation should be reasonably established.展开更多
In the protection of the virtual property,online game is a new field.And it is important to analyze the legal protection of the rights and value of the virtual property.This paper attempts to analyze the current situa...In the protection of the virtual property,online game is a new field.And it is important to analyze the legal protection of the rights and value of the virtual property.This paper attempts to analyze the current situation and shortcom ings of the legal protection of the virtual property in China by referring to the advanced experience of the developed countries,so as to perfect the legal guarantee of the virtual property and support the sustainable developm ent of the netw ork industry in China.展开更多
Ⅰ.Introduction In 1978,under the re-em erging leadership of Deng Xiao ping,China began its economic reform and opened up to the outside world.Since then,the Chinese economy has been significantly modernised.The Chine...Ⅰ.Introduction In 1978,under the re-em erging leadership of Deng Xiao ping,China began its economic reform and opened up to the outside world.Since then,the Chinese economy has been significantly modernised.The Chinese banking展开更多
Social quality theory,as a new theory of social development research,is aim ed at studying the overall social situation through a series of social indicators system from which includes four elem ents: socio-econom ic ...Social quality theory,as a new theory of social development research,is aim ed at studying the overall social situation through a series of social indicators system from which includes four elem ents: socio-econom ic security,social inclusion,social cohesion,social empowerment and participation. Community governance is the basic platform of society governance. The application of social quality approach to study community governance will give us not only a new analytical tool to assess the effect of com munity governance but also decision-making source to formulate community development policy,so as to give a future vision and direction to community development.展开更多
Judicial experience refers to the knowledge and expertise of the judicial staff which is accumulated during the complex judicial activities,so it makes up the deficiency of the statute law,standardizes the discretion ...Judicial experience refers to the knowledge and expertise of the judicial staff which is accumulated during the complex judicial activities,so it makes up the deficiency of the statute law,standardizes the discretion of the judge,ensures the applicability of the law and improves the judicial efficiency. Due to the shortcomings of the case referral system and the judicial interpretation system,it is suggested in the paper that the action mode of the judicial experience be improved through announcing guiding cases,strengthening the guidance of guiding cases and establishing the guarantee mechanism of guiding cases.展开更多
There are much discussion on the two effective way,which are separately Signing for receiving and Signature. It is needed to analyze the legal foundation,turn to the foreigner’s experience for guidance and reconstruc...There are much discussion on the two effective way,which are separately Signing for receiving and Signature. It is needed to analyze the legal foundation,turn to the foreigner’s experience for guidance and reconstruct the system. Abolishing the effective way of signing for receiving as well as the right of rescission,and making the effective way of mediation in civil litigation perfect will have positive results in exerting the effection of civil mediation in litigation and promoting the harmony between the two parties concerned.展开更多
In the process of transition from the rural China to modern society,the people's assessor system mainly reflects the citizens' individual participation.However,organized judicial participation has not been pai...In the process of transition from the rural China to modern society,the people's assessor system mainly reflects the citizens' individual participation.However,organized judicial participation has not been paid enough attention in either institutional design or in the actual operation.Judicial participation of social organizations has important significance not only in highlighting the value of people's assessor system,but also in getting out of the "presenting without substantive hearing"predicament in practice.Therefore,the people's court shall guide the orderly participation of social organizations in justice,and make social organizations play a more important role in people's assessor system.展开更多
The jurisprudence of ecological economy studies the evolution of rural society from the demand-and-supply resource allocation to the welfare sharing allocation in China.Forming a symbiotic model with"ecological s...The jurisprudence of ecological economy studies the evolution of rural society from the demand-and-supply resource allocation to the welfare sharing allocation in China.Forming a symbiotic model with"ecological society"as mechanism and establishing a regional macroeconomic foundation accord with the patterns of marketization and"integration"in the rural society,thus reestablishing the civilized form of"Fivein-One"in China.The research and utilization of ecological openness in the rural areas can promote the construction of ecological system in the rural areas,construct a symbiosis in the rural society,and form a social well-being system with"an economic integration","a market complex"and"a system community",which will be in support of social stratification,organization optimization and demand in the rural areas,so as to lay a stable economy foundation with the Chinese characteristics.展开更多
Under the dual driven forces of soaring disputes and national policy,the dispute resolution ecosystem of China showed the mediation centralism,and the revival of mediation presented the characteristics of adversary sy...Under the dual driven forces of soaring disputes and national policy,the dispute resolution ecosystem of China showed the mediation centralism,and the revival of mediation presented the characteristics of adversary system.In order to comply with the modern rule of law system,the traditional mediation is incorporated into the modern legal system through the three-level transformation of"discipline of laws","introduction of procedures"and"specialized cultivation",which was promoted by the popularity of social governance,the input of the idea of diversified solutions and the pragmatic impetus under the pressure of social transformation.The mediation movement has the characteristics of both consciousness of pragmatism and the initial legalization,but will also face the mediation disorder.The remodeling of mediation must be rooted in systematization and modernization.Its development trend includes expansion of fields,symbiosis of autonomy and specialization,and mandatory introduction.展开更多
It is the important part of historical institutionalism to explore the reason of the changes of institutions,which includes key issues of historical institutionalism—why do institutions change?How do institutions pla...It is the important part of historical institutionalism to explore the reason of the changes of institutions,which includes key issues of historical institutionalism—why do institutions change?How do institutions play a new role through changing?As far as the reason of the changes is concerned,there are social reasons,economic reasons,technological reasons as well as concept reasons.Being part of the China’s civil law system,the possession institution unexceptionally experiences changing process of establishment,amendment,reform and innovation.This paper attempts to analyze the reason of the changes of the possession institution from the perspective of institutional change theory of the historical institutionalism,giving historical explanation of institutional changes and putting forward historical interpretation and support for the perfection of the contemporary possession institution.展开更多
文摘When developing and integrating a new environmental legal system under the Environmental Code,the joint regulation of ecology and environment,natural resources and an energy beyond the sphere of mere environmental concerns can be achieved;the semantic expression of environmental regulation can be expounded.Additionally,through the codification of environmental law,a revolutionary path for the structure of authority can be found.Environmental codification dictates a method for clarification of the boundaries and relations of environmental management authority.Under the theory of Holistic Governance and in the codification process,the reform of environmental regulation authority should be concluded from both vertical and horizontal dimensions,through organizing,integrating,separating,classifying and finally,by establishing a synergy between the central and local governments and their departments.This can break down structural barriers to communication and cooperation of the ecological regulation and resource management authority and help establish uniformity of environmental regulation.
基金the staged achievement of National Social Science Project(15CFX053)special fund for social sciences of Southwest Petroleum University 92013RW016
文摘This article intends to provide some perspective on how a normative framework for environmental regulation could be developed in theory.It focuses on the quality of Chinese environmental legislation based on five criteria,i.e.effectiveness,efficiency,enforceability,proportionality,and clarity.This article then evaluates Chinese current environmental legislation from the perspective of good quality of legislation.In conclusion,this article puts forward several suggestions in order to improve China' s current environmental law.These approaches include establishing integrated legal principles,introducing the public choice theory into law-making process,and choosing environmental instruments in a appropriate way.
基金This paper is the stage achievement of the National Social Science Project“Public-Private Partnership in Rural Environmental Comprehensive Governance and Legal Protection”(15CFX053)supported by social science cultivation project of SWPU“PPP in Building of Characteristic Villages and Legal Protection”(2017RW010)also funded by the Chinese Scholarship Council
文摘This study explores how the concept of enforcement style can be adapted to be more analytically useful in the study of environmental regulation,based on case studies of pollution control in the sector of petroleum industry in China. Inspired by earlier western studies on the theme of enforcement style,this article proposes a creative dimension for analyzing enforcement styles. It is suggested that enforcement styles comprise the degree of formalism,the degree of coercion,and the degree of willingness to enforcement. The second contribution is in showing the relationship of different types of enforcement styles to the three dimensions. In addition,we analyze the enforcement styles in the sector of pollution control of petroleum industry based on the refined hypothesize and draw out lessons to be learnt.
基金Scientific Planning Project of Tianjin Philosophy and Social Science Monitoring the legal system and political trend-Research on the relationship between the Duchayuan during Tianqi period and the political situation of the late Ming DynastyProject No.TJFX19-002。
文摘The supervisory system and the examination system are two indigenous political systems of China,and the former has a longer history than the latter when it comes to the origin.Having inherited the essence of the supervisory system since the Qin Dynasty,the supervisory rules in the Ming Dynasty opened a new chapter of legal thoughts of monitoring.This paper started with the design of the supervisory institutions in the Ming Dynasty recorded in the historical materials such as the Memoir of Ming Dynasty and The Interpretive Supplements to"The Great Learning",to get a glimpse of the main content of the legal thoughts of supervisory at that time,and tried to"take history as a mirror"to provide insights and lessons of the legal thoughts of supervisory in the Ming Dynasty for the later generations.
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 achievement of the Shandong University Innovation Fund for Graduate Students--“The Construction mode of the Constitutional Basic Rights and the Design of the Constitutional Censorship”(No.:yzc11010)
文摘As the person chiefly in charge of the establishment of the 1982 C onstitution,Peng Z hen made a great contribution to the articles and the w hole process of establishment.First of all,he w as highly responsible in the process of establishment,w hich promoted each step. M ore importantly,his theory on socialist constitutionalism and the understanding about socialist democracy and legal system had profound influence on the 1982 C onstitution,w hich became a milestone for the socialist constitution establishment in C hina. Such a constitution not only recorded great achievements in the form of the fundamental law since the period of"setting things right",but also restated the basic socialist constitutional values and ideas about democracy,legal system,civil rights and so on. All in all,w hat Peng Z hen had done for the establishment of the 1982 C onstitution helped us have a better understanding of the development of the socialist constitutional government in C hina.
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.
基金the phased research result of western project of national philosophy and social science fund Indigenous Research on Legal Resources of Compilation of Civil Law in China(No.14XFX007)
文摘As the mainstream ideology in the traditional Chinese social structure,Confucian ethical thoughts have existed for a long time and influenced the social ethical structure and the formation of cultural psychology and personality of Chinese people significantly.Taking the internal relation of the role of Confucian ethical thoughts in the formation of personality as a point of penetration,this paper discusses the internal relation between the shaping of social consciousness by Confucian ethical thoughts and the formation of personality as well as its influence mode,revealing the construction process of psychological personality by Confucian culture.On this basis,we explore the advantages of Confucian social ethics by making full use of its positive factors and promote the improvement of individual's personality with social psychology.
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a phased achievement for a general research project of Development Research Center of Oil and Gas,Sichuan(Sichuan Oil＆G as Division SKB14-11)
文摘As the most realistic and reliable alternative energy source in China, unconventional gas plays an increasingly important role in the energy structure.Promoting the development of unconventional gas resource has been a must for ensuring national energy security and developing green and low-carbon economy.There are abundant unconventional gas resources in China,such as shale gas and coalbed methane (CBM), etc., and the mining technology is becoming more and more mature.However, the relevant legislation for the development and utilization of unconventional gas resources is far behind the development demands of this industry, which seriously impedes the rapid development of this industry.This paper analyzes and researches the legal system related to the development and utilization of unconventional gas resources, and proposes individual suggestions for improving the legal system for development and utilization of unconventional gas resources in China through references of successful legislative experience in some countries where unconventional gas industry has developed rapidly,such as the United States and Canada.
基金the staged achievement of the National Social Science Fund Project“Supervision and Restriction Mechanism of the Procuratorial Investigation Power”(12CFX041)
文摘Preliminary investigation generates from China's investigation practice of duty crime spontaneously.The deviation between expression and practice of preliminary investigation has both advantages and disadvantages,doing more harm than good.In order to solve the problem,the benefit drive mechanism of actors of preliminary investigation should be changed from two aspects:to make mechanism of target assessment scientific and to evade risks from objects being investigated;legal consequences for violating preliminary investigation procedure,implementation mechanism and supervision and restriction mechanism of right to preliminary investigation should be reasonably established.
基金the staged achievement of the scientific research program of China Vocational and Technical Education Association-on the Law of the Work-integrated-learning Training Base of Higher Vocational Education(101521)
文摘In the protection of the virtual property,online game is a new field.And it is important to analyze the legal protection of the rights and value of the virtual property.This paper attempts to analyze the current situation and shortcom ings of the legal protection of the virtual property in China by referring to the advanced experience of the developed countries,so as to perfect the legal guarantee of the virtual property and support the sustainable developm ent of the netw ork industry in China.
文摘Ⅰ.Introduction In 1978,under the re-em erging leadership of Deng Xiao ping,China began its economic reform and opened up to the outside world.Since then,the Chinese economy has been significantly modernised.The Chinese banking
基金Jiangsu Academy of Social Science Fund Project,under Grant No.14SHD002,namely“Research on the Cultivation and Development of Social Organizations on the Perspective of Social Governance”
文摘Social quality theory,as a new theory of social development research,is aim ed at studying the overall social situation through a series of social indicators system from which includes four elem ents: socio-econom ic security,social inclusion,social cohesion,social empowerment and participation. Community governance is the basic platform of society governance. The application of social quality approach to study community governance will give us not only a new analytical tool to assess the effect of com munity governance but also decision-making source to formulate community development policy,so as to give a future vision and direction to community development.
文摘Judicial experience refers to the knowledge and expertise of the judicial staff which is accumulated during the complex judicial activities,so it makes up the deficiency of the statute law,standardizes the discretion of the judge,ensures the applicability of the law and improves the judicial efficiency. Due to the shortcomings of the case referral system and the judicial interpretation system,it is suggested in the paper that the action mode of the judicial experience be improved through announcing guiding cases,strengthening the guidance of guiding cases and establishing the guarantee mechanism of guiding cases.
文摘There are much discussion on the two effective way,which are separately Signing for receiving and Signature. It is needed to analyze the legal foundation,turn to the foreigner’s experience for guidance and reconstruct the system. Abolishing the effective way of signing for receiving as well as the right of rescission,and making the effective way of mediation in civil litigation perfect will have positive results in exerting the effection of civil mediation in litigation and promoting the harmony between the two parties concerned.
文摘In the process of transition from the rural China to modern society,the people's assessor system mainly reflects the citizens' individual participation.However,organized judicial participation has not been paid enough attention in either institutional design or in the actual operation.Judicial participation of social organizations has important significance not only in highlighting the value of people's assessor system,but also in getting out of the "presenting without substantive hearing"predicament in practice.Therefore,the people's court shall guide the orderly participation of social organizations in justice,and make social organizations play a more important role in people's assessor system.
文摘The jurisprudence of ecological economy studies the evolution of rural society from the demand-and-supply resource allocation to the welfare sharing allocation in China.Forming a symbiotic model with"ecological society"as mechanism and establishing a regional macroeconomic foundation accord with the patterns of marketization and"integration"in the rural society,thus reestablishing the civilized form of"Fivein-One"in China.The research and utilization of ecological openness in the rural areas can promote the construction of ecological system in the rural areas,construct a symbiosis in the rural society,and form a social well-being system with"an economic integration","a market complex"and"a system community",which will be in support of social stratification,organization optimization and demand in the rural areas,so as to lay a stable economy foundation with the Chinese characteristics.
文摘Under the dual driven forces of soaring disputes and national policy,the dispute resolution ecosystem of China showed the mediation centralism,and the revival of mediation presented the characteristics of adversary system.In order to comply with the modern rule of law system,the traditional mediation is incorporated into the modern legal system through the three-level transformation of"discipline of laws","introduction of procedures"and"specialized cultivation",which was promoted by the popularity of social governance,the input of the idea of diversified solutions and the pragmatic impetus under the pressure of social transformation.The mediation movement has the characteristics of both consciousness of pragmatism and the initial legalization,but will also face the mediation disorder.The remodeling of mediation must be rooted in systematization and modernization.Its development trend includes expansion of fields,symbiosis of autonomy and specialization,and mandatory introduction.
基金the staged achievement of the youth project of the education department of Hunan Province-“Research on the Legal Protection of Possession and Legislation Construction”(No.:10B083)
文摘It is the important part of historical institutionalism to explore the reason of the changes of institutions,which includes key issues of historical institutionalism—why do institutions change?How do institutions play a new role through changing?As far as the reason of the changes is concerned,there are social reasons,economic reasons,technological reasons as well as concept reasons.Being part of the China’s civil law system,the possession institution unexceptionally experiences changing process of establishment,amendment,reform and innovation.This paper attempts to analyze the reason of the changes of the possession institution from the perspective of institutional change theory of the historical institutionalism,giving historical explanation of institutional changes and putting forward historical interpretation and support for the perfection of the contemporary possession institution.
