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Construction of Legal System of China's Farmland Protection under the Coexistence of Multiple Objectives:Historical Logic,Practical Problems and Optimization Paths
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作者 Shengnan MA Jiaxin ZHOU Yongfang YANG 《Asian Agricultural Research》 2023年第2期26-34,38,共10页
[Objectives]To explore the evolution of the legal system of farmland protection and explore the rules and characteristics of policy development based on the theory and logic of institutional change since China's r... [Objectives]To explore the evolution of the legal system of farmland protection and explore the rules and characteristics of policy development based on the theory and logic of institutional change since China's reform and opening up,reveal the problems and deep-seated reasons of its legislation,clarify the direction of farmland protection in the new period,and solve the"non-agricultural""non-grain"and ecological problems of farmland.[Methods]Literature analysis and inductive deduction methods were used.[Results]The evolution of the farmland protection legal system has gone through the process of"national consciousness-policy guidelines-institutional system",the change from"single subject to multiple subjects";change from the use of"one-way administrative means to coordinated use of administrative,economic and technical means".The practical problems of the farmland protection legal system are mainly due to the insufficient systematization of the farmland protection legal system itself,the generalization of quantity protection,the transformation of quality protection,and the absence of ecological protection.[Conclusions]It is recommended to improve the existing farmland protection legal system from the establishment of the Farmland Protection Law,the improvement of the farmland protection public participation mechanism and supervision mechanism,the establishment of the farmland quality construction and improvement system,the differentiated farmland occupation and supplementation balance system,and the ecological restoration system. 展开更多
关键词 Farmland protection legal system construction Policy evolution Existing problems Optimization path
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Improvement of the Legal System for Addressing the Issue of Elderly Care in China in the Context of Population Aging
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作者 李贤森 CHEN Feng(Translated) 《The Journal of Human Rights》 2023年第6期1251-1276,共26页
Rapid population aging is a social reality facing China at present,and the issue of elderly care has become a hot topic of social concern.Legislation to address the issue of elderly care in the context of population a... Rapid population aging is a social reality facing China at present,and the issue of elderly care has become a hot topic of social concern.Legislation to address the issue of elderly care in the context of population aging should follow systematic concepts to achieve“vertical and horizontal integration.”In terms of content,it is necessary to formulate specific legal approaches around“the elderly and children,”with a focus on guaranteeing the livelihood and protection of the rights of the elderly while taking into account childbirth,employment and other issues.the laws should not only safeguard the social participation and labor rights of the elderly,but also effectively respond to the social challenges brought about by the aging of the population.It is also necessary to optimize the family planning policy to ease the burden of child-raising,improve the population structure and promote the long-term balanced development of the population,thus fundamentally solving the problem of population aging.the effort to improve the legal system to deal with the issue of elderly care in the context of population aging will better advance Chinese modernization. 展开更多
关键词 population aging legal response the elderly and children old-age care family planning policy
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China's Real-Estate Legal System——Interview with Construction Minister Hou Jie about the Real-Estate Administration Law
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作者 Ren Xiaoqiang Staff Reporter 《China's Foreign Trade》 1995年第3期47-48,共2页
The City Real-Estate Administration Law of the People’s Republic of China (hereinafter referred to as Real-Estate Administration Law) was adopted at the Eighth Session of the Standing Committee of the Eighth National... The City Real-Estate Administration Law of the People’s Republic of China (hereinafter referred to as Real-Estate Administration Law) was adopted at the Eighth Session of the Standing Committee of the Eighth National People’s Congress, and will come into force on January 1, 1995. For the public, especially overseas investors, to understand the law, the reporter had an interview with Mr. Hou Jie, Minister of Construction. Q: Real estate has been an 展开更多
关键词 REAL China’s Real-Estate legal system
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Impact of Sino-US Trade Agreement on Chinese Legal System about Intellectual Property Rights
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作者 Ting Liu 《Journal of Finance Research》 2020年第2期16-20,共5页
On January 15,2020,the representatives of Sino-US trade signed Phase I Economic and Trade Agreement Between the Government of the People’s Republic of China and the Government of the United States of America in Washi... On January 15,2020,the representatives of Sino-US trade signed Phase I Economic and Trade Agreement Between the Government of the People’s Republic of China and the Government of the United States of America in Washington,which symbolizes the temporary settlement of two-year Sino-US trade war in relatively peaceful method and lays a good foundation in mutual trust for subsequent Phase II negotiation.This Agreement includes eight chapters involving Sino-US economic and trade and is called the model of the international bilateral agreement by virtue of its wide field and rigorous details.The impact of clauses about intellectual property rights on China’s current legal system and the future revision direction of China’s relevant laws for conformance with the Agreement will be discussed emphatically so that the author can rapidly understand the impact and significance of Sino-US trade agreement to Chinese law. 展开更多
关键词 Sino-US trade agreement Chinese legal system Tntellectual property rights
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Legal System of ODR for CBEC Among the B&R Countries
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作者 Zhuang Bin 《Contemporary Social Sciences》 2021年第4期67-86,共20页
As cross-border electronic commerce(CBEC)has become a new path to serve the Belt and Road(B&R)Initiative,it is imperative to develop an efficient,convenient and simple online dispute resolution(ODR)mechanism to fa... As cross-border electronic commerce(CBEC)has become a new path to serve the Belt and Road(B&R)Initiative,it is imperative to develop an efficient,convenient and simple online dispute resolution(ODR)mechanism to facilitate the CBEC among the B&R countries.This study examines the legislative practice of the European Union(EU),the United Nations Commission on International Trade Law(UNCITRAL),and the Organization of American States(OAS)in the ODR mechanisms for CBEC.The findings provide reference and inspiration for China’s essential role in developing an ODR mechanism for CBEC among the B&R countries.Legally,ODR for CBEC between the B&R countries is essentially an innovative combination of rule by technology and rule by private law.In light of related principles(e.g.,special consumer protection,procedural fairness,and consumers’personal information and data protection),China should develop an ODR mechanism(involving compromise,mediation,online arbitration,and online court)for CBEC among the B&R countries based on China’s experience in the ODR for CBEC. 展开更多
关键词 The Belt and Road Initiative cross-border e-commerce(CBEC) online dispute resolution(ODR) legal systems
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LEGAL SYSTEM CONSTRUCTION
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作者 Du Baozhong,Treaty andLaw Department of MOFTEC 《China's Foreign Trade》 1996年第7期11-12,共2页
To set up a completelaw system for China’s foreigntrade and economiccooperation is an urgent taskin our legislation work.Usinglegal measures to preventforeign products from invadingChina’s national industry;Rectifyi... To set up a completelaw system for China’s foreigntrade and economiccooperation is an urgent taskin our legislation work.Usinglegal measures to preventforeign products from invadingChina’s national industry;Rectifying the foreign tradeorder;Further improving theenvironment for foreigninvestment. Officials from the Treatyand Law Department of theMinistry of Foreign Trade andEconomic Cooperation(MOFTEC)talk about the LegalSystem Construction of ForeignTrade and EconomicCooperation. 展开更多
关键词 legal system CONSTRUCTION
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Legal System Construction for Energy Industry in China
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作者 Ye Rongsi Chairman of the Academy of Energy Law, China Law Society Zhu Li 《Electricity》 2009年第3期48-51,共4页
In a very real sense,China did not have a legal system of energy until 1978 when the policy of reform and opening-up was carried out.Over the 30 years since then,China has achieved great accomplishments in energy deve... In a very real sense,China did not have a legal system of energy until 1978 when the policy of reform and opening-up was carried out.Over the 30 years since then,China has achieved great accomplishments in energy development,which have attracted worldwide attention, 展开更多
关键词 legal system Construction for Energy Industry in China
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Protection of Human Rights Under China's Legal System——An interview with Prof. Wan Exiang
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作者 Wang Kongxiang, Xuan Hailin are PhD candidates at the Law School of Wuhan University, and Gu Shengkai is a staff reporter of the Human Rights magazine. 《The Journal of Human Rights》 2005年第1期8-11,共4页
Wan Exiang, professor of the Law School of Wuhan University, doubles as justice and vice-president of China’s Supreme People’s Court. He is also vice-chairman of the Revolutionary Committee of the Chinese Kuomintang... Wan Exiang, professor of the Law School of Wuhan University, doubles as justice and vice-president of China’s Supreme People’s Court. He is also vice-chairman of the Revolutionary Committee of the Chinese Kuomintang, one of the democratic parties in China, and member of the Tenth National Committee of the Chinese People’s Political Consultative Conference, China’s highest consulting body. Prof. Wan is reputed in China and abroad for his achievements in study of international human rights laws and also as the founder of the Wuhan University Center for Protection of the Rights of the Underprivileged in Society, the first of its kind ever set up in the country. Since its founding a decade ago, the center has won a fame for the quality legal services it renders to needy people in their tens of thousands, including disabled people, juveniles, women and workers laid off from state-owned enterprises in the course of China’s economic restructuring. While a press favorite at home, the center has received coverage by the NHK TV of Japan, Washington Post of the United States, Phoenix TV of Hong Kong and numerous other media outside the Chinese mainland. Following is an interview with Prof. Wan Exiang, in which he discussed how human rights are protected under China’s legal system and in what ways the system should be improved. 展开更多
关键词 An interview with Prof VIEW Protection of Human Rights Under China’s legal system Wan Exiang
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The Legal System to Govern Sino-Foreign Joint Ventures in China
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作者 Raymond Kou 《China's Foreign Trade》 2000年第10期18-20,共3页
关键词 OVER The legal system to Govern Sino-Foreign Joint Ventures in China
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Legal System for China's Forest Resource Protection:A Case Study of Poyang Lake Eco-economic Zone 被引量:2
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作者 LIU Rui-zhan 1 ,SONG Ping1,SHENG Qiu-ying2,GONG Wen-jun2 1.Jingdezhen City Forestry Bureau,Jingdezhen 333000,China 2.Jingdezhen City Forest Research Institute,Jingdezhen 333000,China 《Asian Agricultural Research》 2012年第7期65-68,共4页
Taking Poyang Lake Eco-economic Zone as an example,we analyzed existing problems in China'forest resource protection from the perspective of legal system.The problems include unclear property right system of fores... Taking Poyang Lake Eco-economic Zone as an example,we analyzed existing problems in China'forest resource protection from the perspective of legal system.The problems include unclear property right system of forest resource,imperfect compensation mechanism for forest ecology,forest cutting quota scheme not resolutely put into practice,legal supervision of forest protection not implemented,and lack of integration in forest protection laws.Based on these problems,we put forward countermeasures and suggestions:establish clear forest resource property system;improve ecological benefit compensation mechanism in legal form;strictly implement forest cutting quota scheme;strengthen legal supervision of forest protection;and keep legal system integral for forest resource protection. 展开更多
关键词 FOREST resource Protection legal AWARENESS Poyang
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Legal System Governing on Water Pollution in Iran 被引量:1
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作者 Flora Heidari Farhad Dabiri Mehdi Heidari 《Journal of Geoscience and Environment Protection》 2017年第9期36-59,共24页
In the present era, water contamination represents one of the considerable environmental problems. Population growth along with ever increasing industrial developments has resulted in the contamination of most of the ... In the present era, water contamination represents one of the considerable environmental problems. Population growth along with ever increasing industrial developments has resulted in the contamination of most of the water resources in the world, bringing about serious problems for humans and other living organisms. According to the human life on earth depends on the way different water resources are exploited, the most important way to preserve the quality of water resources is to codify appropriate regulations and standards and develop plans for proper and principled implementation of them. Therefore, it seems to be necessary to take required actions to manage water resources optimally. In this regard, one of the most significant legal tools is the law. Following a descriptive-analytic approach, the present research aims to consider legal challenges in the context of water contamination briefly. Investigations indicate that, given the limitations in water resources, in future, water contamination will raise serious problems for the country should the solutions and measures required for tackling this issue are not well incorporated into respective regulations. As such, in order to systemize the activities within this scope, it is necessary to codify a comprehensive act about different water-related topics, so as to cover all separate and sparse pieces of regulations on water. Further, acquiring help from experts when preparing the regulations with an emphasis on the inhibitory role of penalties, roles of NGOs and culture-making in the society will contribute to the successful legal protection of the quality of water resources. 展开更多
关键词 WATER CONTAMINATION WATER Law legal Challenges RULES and REGULATIONS SANCTION
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An Analysis of the Legal System for the Protection of Marine Resources in China 被引量:1
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作者 Zhenan Zhang Lijuan Zhang 《Macro Management & Public Policies》 2020年第3期3-7,共5页
In order to realize the orderly development and rational use of marine resources,construct a new marine economic development model,effectively adjust the relationship between marine resource protection and social prod... In order to realize the orderly development and rational use of marine resources,construct a new marine economic development model,effectively adjust the relationship between marine resource protection and social production,and promote the legalization and institutionalization of marine resource protection.Based on the reality,this article attempts to explore the ways and means of improving and constructing the legal system for the protection of marine resources from multiple dimensions.It aims to form a complete marine resource development system from the legal level and provide legal guarantee for the development of marine economy. 展开更多
关键词 Marine resources legal protection system construction Method and strategy
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The Legal Conflicts, the Legislative Vacancies and the Legislative Lags in the Chinese Environmental Legal System
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作者 Yue Zhu 《Journal of Geoscience and Environment Protection》 2019年第3期12-45,共34页
The inconsistency and disharmony in China’s environmental legal system are seriously undermining the authority and effectiveness of environmental laws, making it hard to achieve the national environmental legislative... The inconsistency and disharmony in China’s environmental legal system are seriously undermining the authority and effectiveness of environmental laws, making it hard to achieve the national environmental legislative goals. It is found in this study that at least 18 administrative regulations and rules conflict with the five recently-revised environmental laws. The legislative vacancy rate of province-level environmental laws reaches 27.8%, and that of city-level environmental laws in the major cities reaches 59.7%. Besides, 66% of the local including both province-level and city-level environmental laws have the problem of legislative lags, with an average lag of 2547.8 days. In addition, there are many legal conflicts between national environmental laws and local environmental laws. In order to help China to build a harmonious and unified environmental legal system, some suggestions are proposed in this study, including comprehensively examining the lower-level environmental laws, strengthening the leading role of local people’s congresses in environmental legislation, improving the construction of filing and review mechanism, and optimizing the mechanisms for information disclosure and public participation. 展开更多
关键词 China The Environmental legal system legal CONFLICT LEGISLATIVE VACANCY LEGISLATIVE LAG
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System Improvement of Judicial Procedure in the Progress of Social Legal System Construction
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作者 Shao Yan 《学术界》 CSSCI 北大核心 2016年第5期276-280,共5页
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
关键词 司法程序 法制建设 进程 社会 司法管辖权 法律手段 组成要素 法律程序
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On the “Law and Literature” Campaign in the Chinese Context and Its Significance for the Construction of China's Legal System
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作者 Chen He 《学术界》 CSSCI 北大核心 2015年第3期273-277,共5页
"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
关键词 法律体系 中国 法制建设 文学 运动 语境 现代主义 上下文
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China's Real-Estate Legal System——Interview with Construction Minister Hou Jie about the Real-Estate Administration Law
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作者 Ren Xiaoqiang 《China's Foreign Trade》 1994年第12期8-9,共2页
The City Real-Estate Administration Law of the People’s Republic of China (hereinafter referred to as Real-Estate Administration Law) was adopted at the Eighth Session of the Standing Committee of the Eighth National... The City Real-Estate Administration Law of the People’s Republic of China (hereinafter referred to as Real-Estate Administration Law) was adopted at the Eighth Session of the Standing Committee of the Eighth National People’s Congress, and will come into force on January 1, 1995. For the public, especially overseas investors, to understand the law, the reporter had 展开更多
关键词 MINISTER ESTATE legal overseas REPORTER STANDING hereinafter housing ADMINISTRATION REPUBLIC
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Research on ocean renewable energy exploitation and its legal system
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作者 Mao Jiawei Wang Jianxin Chen Xiaoting 《石化技术》 CAS 2018年第1期34-35,共2页
In our country,the present exploitation of ocean renewable energy mainly concentrates on the tidal power,wave can,and the trend of the development of salt difference energy and temperature difference energy are still ... In our country,the present exploitation of ocean renewable energy mainly concentrates on the tidal power,wave can,and the trend of the development of salt difference energy and temperature difference energy are still locating in the state of research and testing. The exploitation of tidal current energy and wave energy has made great progress recently. Although these achievements are quite comforting,compared with other sorts of renewable energy,the interrelated research on ocean renewable energy is still defective. After investigating correlative data,the passage lists several reasons to explain current status. This article focuses on analyzing feasibility and necessity of ocean energy development in China,as well as introducing foreign ocean renewable energy development which is summarized into some experience. Through a careful study on these systems,it puts forward and demonstrates five ocean renewable energy exploitation in Chinese legal system:ocean renewable energy exploitation integrated management system,ocean renewable energy market financing system and so on. It also discusses how to realize specific implementation of these schemes and their feasibility. 展开更多
关键词 OCEAN RENEWABLE ENERGY EXPLOITATION legal system
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The retrospect and prospect on environmental legal system research of Xi'an City
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作者 Chen Min Zhang Xiaoling 《Engineering Sciences》 EI 2012年第4期76-82,共7页
Xi'an City is an important city of western region, facing the mission of constructing international metropolitan. There are many environmental issues in the city, which should be solved by legal construction. Base... Xi'an City is an important city of western region, facing the mission of constructing international metropolitan. There are many environmental issues in the city, which should be solved by legal construction. Based on the environmental status of the city, the construction content of environmental legal system was analyzed, focusing on conflict resolution, and the corresponding ways of research were proposed. 展开更多
关键词 环境法律制度 城市 西安 环境法制建设 展望 国际大都会 西部地区 环境问题
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Audit Quality, Legal Systems, Investment Opportunity Set and Ownership Structure: Evidence From United States, France and Germany
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作者 Sana Masmoudi Mardessi Abdelfettah Bouri 《Chinese Business Review》 2011年第4期266-277,共12页
关键词 所有制结构 审计质量 法律制度 投资机会 美国 德国 法国 证据
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Legal Systems and Economic Development:The Case of Aruba Post-Coronavirus
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作者 Don Taylor 《Journal of Sociology Study》 2020年第2期80-91,共12页
This paper intends to critically review some of the challenges rooted in Aruba’s civil law legal heritage in stimulating a post-corona economic recovery which should ideally be driven towards economic diversification... This paper intends to critically review some of the challenges rooted in Aruba’s civil law legal heritage in stimulating a post-corona economic recovery which should ideally be driven towards economic diversification.It also seeks to contextualize the effect of Aruba’s civil law system on economic growth compared to other Caribbean states with similar size,population,and tourism dependency but with legal systems rooted in the common law.This paper’s methodological approach is meta-analytical and includes a critique of the labor laws as well as the substantive role of the state in driving economic performance that is a normative feature in some civil law states.It posits that Aruba’s economic responsiveness,to the coronavirus should consider legal origins as a factor that limits its capacity and capability to execute an effective restructuring of tired economic paradigms and introduce new economic models that would challenge its mono-economic status. 展开更多
关键词 legal origins meta-analytical economic responsiveness civil law
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