This chapter examines the Chinese practice of delivery of the cargo without presentation of the bill of lading and the law and regulations governing that practice, and in the gaps left by laws and regulations, the app...This chapter examines the Chinese practice of delivery of the cargo without presentation of the bill of lading and the law and regulations governing that practice, and in the gaps left by laws and regulations, the approach established by the legal authorities and maritime courts. The necessities and causes for this risky action and possible suggestions will be considered, as will the approach of statute and judiciary. Potential and desirable reform will be discussed in light of the Rotterdam Rules. It is concluded that in order to facilitate cargo delivery, there would be a need to provide detailed legal guidance applicable to the many situations where the requisite documentation has failed to materialise.展开更多
People under the interpretation of Chinese culture have multiple values It emphasizes not only people in the collective sense, but also individuals in the individual meaning According to the Constitution of the Peo...People under the interpretation of Chinese culture have multiple values It emphasizes not only people in the collective sense, but also individuals in the individual meaning According to the Constitution of the People’s Republic of China, respecting and protecting the dignity and rights of persons with disabilities is the duty of the State and the whole of society, and one of the core values of the Constitution The protection system for the rights and interests of persons with disabilities in China has basically taken shape, with positive progress in the protection of the right to rehabilitation, the right to education, and the right to employment However, there are different challenges We should continue to promote the rule of law for persons with disabilities and build a more complete system for the protection of the rights and interests of persons with disabilities.展开更多
Introduction There is a time and tide tor ev- erything. This is a season in which the global quest for human rights is at its peak. Freedom is on the march. Throughout Asia and Africa, the ardor for liberty is spreadi...Introduction There is a time and tide tor ev- erything. This is a season in which the global quest for human rights is at its peak. Freedom is on the march. Throughout Asia and Africa, the ardor for liberty is spreading. The quest for the inalienable fights of human beings has gained universal appeal. It is now recognized that state sovereignty is a shield against external aggression. It cannot be used as a sword against one＇s own nationals. Human rights abuses in any land deserve world-wide condem- nation because ＂injustice anywhere is a threat to iustice everywhere.＂展开更多
The year 2007 witnessed ＂the new progress in the construction of democracy and legal system, the reliable development of administration by law, and the strengthened guarantee of people＇s rights and interests as well...The year 2007 witnessed ＂the new progress in the construction of democracy and legal system, the reliable development of administration by law, and the strengthened guarantee of people＇s rights and interests as well as the safeguard of social equity and justice＂ in China. In this year, both the National People＇s Congress and its Standing Committee as well as local People＇s Congresses at levels and their standing committees were active in performing their duties, constituting and promulgating a series of laws and regulations. These laws and regulations have directly or indirectly concerned the fights and interests of women. This article is going to briefly sum up and analyze the provisions in the pertinent legislation in China in 2007 that directly involve the fights and interests of women,展开更多
As environmental issues are attracting domestic and international attention, protection of environmental rights is becoming increasingly important in human rights affairs.
There is no man or state in the world that can essentially argue against norms and rules of the Universal Declaration of Human Rights. But in this case a question appears： what reasons don＇t lead to application of t...There is no man or state in the world that can essentially argue against norms and rules of the Universal Declaration of Human Rights. But in this case a question appears： what reasons don＇t lead to application of this conception in all the states and in the world at all？ Appealing of the world community to peace, safety and abidance by human rights is often ignored by some states and societies and sometimes is absolutely right qualified as an effort to interfere to internal affairs of a sovereign state. We should analyze the real essence of the human fights conception and compare it with its official explanation to find the reasons of this situation. At the beginning of this report let＇s give its basic points.展开更多
In order to build a harmonious society, the basic human rights of citizens must be fully ensured. In the field of human rights protection, China has got considerable achievements. With continuous development in China...In order to build a harmonious society, the basic human rights of citizens must be fully ensured. In the field of human rights protection, China has got considerable achievements. With continuous development in China＇s prison system reform,展开更多
China＇s fiscal and taxation law reform is at a critical stage since Chinese economy development needs to consider compromising interests and conflicts from all sources, such as the social benefit network, real estate...China＇s fiscal and taxation law reform is at a critical stage since Chinese economy development needs to consider compromising interests and conflicts from all sources, such as the social benefit network, real estate industry avidity, internationalizing currencies, fostering a philanthropic culture, and growing as a leader in the world market. These undertakings all demand a modern, handy fiscal and taxation law system. On the other hand, after two decades of implementation of the 1994 tax sharing system, the original initiative of strengthening centralized control might not keep pace with the needs of balancing decentralization and local financing demands, in addition to the troublesome taxpayers＇ protection, tax judicature reform, and worsening environmental irregularities. Admittedly, China＇s fiscal and taxation law reform faces new challenges and incentives. Rigorous international tax frameworks and multi-jurisdictional cooperation drive China to respond as an international trade giant and a responsible game player. Such international tax policy orientations create another layer of incentives and necessity for China to fine-tune its domestic fiscal and taxation legal framework, ranging from promotion of free trade zones, global sourcing practice and supply chain management, renegotiation of outdated tax treaty articles, more active participation in consequential overseas investments, to WTO Protocol compliance review, and international tax dispute resolution. Therefore, this article argues that, no matter the extent to which feasible, plausible or pragmatic proposals are presented, a top level architecting and a serious pursuit to upgrade citizens＇ livelihood must be prioritized in earnest.展开更多
It is an honor to introduce this Focus on “Disciplined Approaches for Constructing a Rule of Law Order： Reconsiderations Revisited,” which contains two articles contributed by Dr. YAN Tian and Prof. HU Tianlong. Ad...It is an honor to introduce this Focus on “Disciplined Approaches for Constructing a Rule of Law Order： Reconsiderations Revisited,” which contains two articles contributed by Dr. YAN Tian and Prof. HU Tianlong. Admittedly, this Focus primarily aims to conceptualize new elements of the rule of law rhetoric faced by Chinese scholars. The two articles brought in a broad, doctrinal, yet incisive, critical review and reconsideration on how the rule of law construction in modem China may accommodate constantly-changing social movements and understandings as well as fiscal and taxation policies, and how China may take practical steps to implement such adjustments.展开更多
The article unpacks the concept of the rule of law by distinguishing five distinct meanings of the term. These are： （1） the rule of practical wisdom, （2） the rule of the law, （3） rule by law, （4） the rule of ...The article unpacks the concept of the rule of law by distinguishing five distinct meanings of the term. These are： （1） the rule of practical wisdom, （2） the rule of the law, （3） rule by law, （4） the rule of law as a principle of eonstitutionalism, and （5） the rule of law as a power-building technique. It suggests that unless the particular meaning being used is clarified, discussion of the concept is likely to generate more heat than light.展开更多
China＇s new private international law adds choice of law provisions for property. Most of the provisions are innovative. They further clarify the general legal provisions applicable to property with a focus on regula...China＇s new private international law adds choice of law provisions for property. Most of the provisions are innovative. They further clarify the general legal provisions applicable to property with a focus on regulating movable property and commercial securities. The choice of law rules for property comply with relevant international legislation as far as possible. At the time, certain individual provisions are not well drafted and they are inconsistent with current domestic substantive laws. The principle of parties＇ autonomy was first introduced to the field of ＂movable property＂ and ＂movable property in transit, ＂but it seems goes too far. In light of the gradual opening up of China＇s securities market, the new law stipulates applicable laws to commercial securities, but it did not take into account the indirect holding system of securities.展开更多
The envisaged design and developme nt of individual mate rials to excavate a broader spectrum of desired properties and offer multiple applications are highly necessitating.Keeping this in mind,a series of forsterite-...The envisaged design and developme nt of individual mate rials to excavate a broader spectrum of desired properties and offer multiple applications are highly necessitating.Keeping this in mind,a series of forsterite-structured Mg_(2)GeO_(4):Eu^(3+)(1 mol%-9 mol%)nanophosphors was synthesized via a solution combustion method using oxalyl dihydrazide as a fuel.The X-ray diffraction patterns confirm the orthorhombic crystal system with a Puma space group.Morphological results clearly show irregularly shaped cluster-like structures with aggregation of the particles.Employing diffuse reflectance spectra,the optical energy band gap of the Mg_(2)GeO_(4):Eu^(3+)(1 mol%-9 mol%)nanophosphors was estimated and obtained to be~4.12-4.32 eV.The photoluminescence emission spectra exhibit intense peaks at^(5)79,589,610,661,and 707 nm,which are due to characteristic^(5)D_(0)→^(7)F_(0),^(5)D_(0)→^(7)F_(1),^(5)Do→^(7)F_(2),^(5)D_(0)→^(7)F_(3)and^(5)D_(0)→^(7)F_(4)transitions of Eu^(3+)ions,respectively.The Commission International de L'Eclairage color coordinates are gradually tuned from pale red(0.5980,0.4012)to a pure red(0.6385,0.3611)region.Thermoluminescence glow peaks showcase excellent super-linear response at low doses ofγ-irradiations,indicating that the prepared phosphor can be used in thermoluminescent personal dosimetry which is a biological tissue equivalent.The aforementioned results demonstrate that the prepared Mg_(2)GeO_(4):Eu^(3+)(1 mol%-9 mol%)nanophosphors are considered an excellent candidate for dual applications,i.e.,red component in future generation white-light-emitting diodes(WLEDs)and personal dosimetric applications.展开更多
This article considers the circumstances in which letters of indemnity(LOI) are usually provided and comments on the use of LOI in relation to the delivery of cargo without surrender of original bills of lading,change...This article considers the circumstances in which letters of indemnity(LOI) are usually provided and comments on the use of LOI in relation to the delivery of cargo without surrender of original bills of lading,changes of destination/deviation,the releasing of clean or wrongly dated bills of lading,the use of switch bills of lading and the commingling of cargoes.The article also comments on the circumstances in which the acceptance of LOI is obligatory and the circumstances in which they can be refused even if offered—an issue which is important given the risks which the acceptance of LOI often entails.Lastly,the article comments on various practical issues which should be borne in mind by those giving or accepting LOI.展开更多
Abstract The Law on the Protection of Disabled Persons is the first social security legislation in China, with more than 50 laws directly related to the legal protection of the rights of persons with disabilities and ...Abstract The Law on the Protection of Disabled Persons is the first social security legislation in China, with more than 50 laws directly related to the legal protection of the rights of persons with disabilities and career development for people with disabilities. In terms of employment protections for people with disabilities, it is important to focus on effective legal implementation, utilizing legal rulings to limit employment discrimination against people with disabilities. Educational protections are an important precondition for enabling people with disabilities to live with dignity; it should be guaranteed that people with disabilities are provided ＂reasonable accommodation＂ in educational conditions. A barrier-free environment is a necessary condition for social integration of people with disabilities. At the same time, it also benefits other members of the society such as the elderly. Through rehabilitation and exercise, most people with disabilities can return to the society to a significant degree. China should gradually expand the legislative scope of rehabilitation service fee reductions and legal categories of auxiliary appliances, issuing guiding documents that provide specifications for the relevant ＂dormant＂ legal provisions.展开更多
Magna Carta was introduced into China around the mid-19th century under the context that learning from the West was then a trend for Chinese politicians and the academia to modernize China. The English constitutionali...Magna Carta was introduced into China around the mid-19th century under the context that learning from the West was then a trend for Chinese politicians and the academia to modernize China. The English constitutionalism originating from Magna Carta was considered as one of the models for China to reference. Even though the constitutional reform in the late Qing Dynasty failed to establish the constitutionalism in China, the strive for rule of law and democracy in China was never disrupted from then on. In the first century of Magna Carta＇s introduction into China, the academia used the ideas of constitutional rights, the rule of law embedded in Magna Carta to influence constitutionality in China, especially to push forward the protection of human rights and democracy. Even though the constitutionalism was not finally established in the Republic of China, the research on Magna Carta inspired the idea of constitutionalism in China. In addition, the Chinese academia realized that what China should learn was the spirit of Magna Carta, and that the construction of Chinese constitutionalism shall be based on the context of Chinese history and culture.展开更多
In Chinese criminal procedure, the issues of illegally obtained evidence and witnesses not appearing in courtroom are under fire, which is partly rooted in the fact that the Chinese courts do not limit the admissibili...In Chinese criminal procedure, the issues of illegally obtained evidence and witnesses not appearing in courtroom are under fire, which is partly rooted in the fact that the Chinese courts do not limit the admissibility ofpre-trial testimonial transcripts in judicial practice, zealously pursue the ＂truth of fact＂ while disregard defendant＇s right to confront. Focusing on the admissibility ofpre-trial testimonial transcripts, the article will first analyze the current legislations and judicial practice in China, then from a comparative perspective introduce the corresponding written testimony rules of the International Criminal Tribunal （Court） which distinguishes the admissibility of different categories of written testimony, with an aim of both protecting the criminal defendant＇s right of confrontation and pursuing truth in fact-finding. The practice in International Criminal Tribunal （Court） provides a good starting point for China to rethink its own practice and learn from.展开更多
For more than one hundred years, China’s political and intellectual elite have conscientiously rejected some historical political and legal principles and practices while striving to amass economic strength and recov...For more than one hundred years, China’s political and intellectual elite have conscientiously rejected some historical political and legal principles and practices while striving to amass economic strength and recover their pride and political independence. In the process of this quest for power and independence, many Chinese and foreign China specialists alike have failed to ask and answer the question: 'What made China the world’s most展开更多
This article intends to shed light on key legal issues that emerged from the recently released WTO Appellate Body＇s adjudication over China -- Rare Earths dispute, exploring possible policy options for China to reach...This article intends to shed light on key legal issues that emerged from the recently released WTO Appellate Body＇s adjudication over China -- Rare Earths dispute, exploring possible policy options for China to reach its environmental goals on natural resources in a WTO-consistent manner. The article first spotlights positive variations in the Appellate Body＇s interpretative approach regarding the applicability of GATT general exceptions to defend the violation of WTO-Plus commitments under China＇s Accession Protocol; second, given the fact that the Appellate Body, pursuant to the elements inscribed in GATT Article XX（g）, confirmed the Panel＇s objective assessment based on the design and structure of the challenged measures of GATT, this paper provides reflections and recommendations on China＇s domestic environmental legislation. The third part probes into the interface between the principle of permanent sovereignty over natural resources and the WTO legal regime, with an attempt to offer thought-provoking ideas on how to reconcile potential conflicts between the two.展开更多
The philosophy of binary purpose in conjunction with a holistic approach reflects sustainable development. These ideas are in accordance with Chinese traditional philosophy and culture, as well as the contemporary eco...The philosophy of binary purpose in conjunction with a holistic approach reflects sustainable development. These ideas are in accordance with Chinese traditional philosophy and culture, as well as the contemporary economic and social development. It calls for the central government＇s support to achieve sustainable development at the initial stage. However, in the long run, this approach has drawbacks which are concealed. Thus, prompt adjustment is needed. In the relationship between the systems of sustainable development and democracy, human rights, sovereign equality of states, and sustainable development are approbated by the Chinese law system. The bottleneck of sustainable development is linked to its ideological system, Integration is related to the bottleneck of binary purposes, good governance, public participation, and human rights. The government-oriented mechanism has a time element that is related to the bottleneck of utilitarianism and basic economic law. For China＇s sustainable development, breaking the bottleneck to improve the system and seizing the opportunity to make innovations are of great significance. The focal points now for China are the perfection of legislation, supervision to government, encouraging public participation and empowering them with legal rights. Chinese government is taking green economy as a new action of implementing sustainable development. It stems from both domestic and international pressures which deepen the economic reform required to switch the economic development mode. These pressures are bringing new opportunities and vigor to China＇s sustainable development.展开更多
文摘This chapter examines the Chinese practice of delivery of the cargo without presentation of the bill of lading and the law and regulations governing that practice, and in the gaps left by laws and regulations, the approach established by the legal authorities and maritime courts. The necessities and causes for this risky action and possible suggestions will be considered, as will the approach of statute and judiciary. Potential and desirable reform will be discussed in light of the Rotterdam Rules. It is concluded that in order to facilitate cargo delivery, there would be a need to provide detailed legal guidance applicable to the many situations where the requisite documentation has failed to materialise.
文摘People under the interpretation of Chinese culture have multiple values It emphasizes not only people in the collective sense, but also individuals in the individual meaning According to the Constitution of the People’s Republic of China, respecting and protecting the dignity and rights of persons with disabilities is the duty of the State and the whole of society, and one of the core values of the Constitution The protection system for the rights and interests of persons with disabilities in China has basically taken shape, with positive progress in the protection of the right to rehabilitation, the right to education, and the right to employment However, there are different challenges We should continue to promote the rule of law for persons with disabilities and build a more complete system for the protection of the rights and interests of persons with disabilities.
文摘Introduction There is a time and tide tor ev- erything. This is a season in which the global quest for human rights is at its peak. Freedom is on the march. Throughout Asia and Africa, the ardor for liberty is spreading. The quest for the inalienable fights of human beings has gained universal appeal. It is now recognized that state sovereignty is a shield against external aggression. It cannot be used as a sword against one＇s own nationals. Human rights abuses in any land deserve world-wide condem- nation because ＂injustice anywhere is a threat to iustice everywhere.＂
文摘The year 2007 witnessed ＂the new progress in the construction of democracy and legal system, the reliable development of administration by law, and the strengthened guarantee of people＇s rights and interests as well as the safeguard of social equity and justice＂ in China. In this year, both the National People＇s Congress and its Standing Committee as well as local People＇s Congresses at levels and their standing committees were active in performing their duties, constituting and promulgating a series of laws and regulations. These laws and regulations have directly or indirectly concerned the fights and interests of women. This article is going to briefly sum up and analyze the provisions in the pertinent legislation in China in 2007 that directly involve the fights and interests of women,
文摘As environmental issues are attracting domestic and international attention, protection of environmental rights is becoming increasingly important in human rights affairs.
文摘There is no man or state in the world that can essentially argue against norms and rules of the Universal Declaration of Human Rights. But in this case a question appears： what reasons don＇t lead to application of this conception in all the states and in the world at all？ Appealing of the world community to peace, safety and abidance by human rights is often ignored by some states and societies and sometimes is absolutely right qualified as an effort to interfere to internal affairs of a sovereign state. We should analyze the real essence of the human fights conception and compare it with its official explanation to find the reasons of this situation. At the beginning of this report let＇s give its basic points.
文摘In order to build a harmonious society, the basic human rights of citizens must be fully ensured. In the field of human rights protection, China has got considerable achievements. With continuous development in China＇s prison system reform,
文摘China＇s fiscal and taxation law reform is at a critical stage since Chinese economy development needs to consider compromising interests and conflicts from all sources, such as the social benefit network, real estate industry avidity, internationalizing currencies, fostering a philanthropic culture, and growing as a leader in the world market. These undertakings all demand a modern, handy fiscal and taxation law system. On the other hand, after two decades of implementation of the 1994 tax sharing system, the original initiative of strengthening centralized control might not keep pace with the needs of balancing decentralization and local financing demands, in addition to the troublesome taxpayers＇ protection, tax judicature reform, and worsening environmental irregularities. Admittedly, China＇s fiscal and taxation law reform faces new challenges and incentives. Rigorous international tax frameworks and multi-jurisdictional cooperation drive China to respond as an international trade giant and a responsible game player. Such international tax policy orientations create another layer of incentives and necessity for China to fine-tune its domestic fiscal and taxation legal framework, ranging from promotion of free trade zones, global sourcing practice and supply chain management, renegotiation of outdated tax treaty articles, more active participation in consequential overseas investments, to WTO Protocol compliance review, and international tax dispute resolution. Therefore, this article argues that, no matter the extent to which feasible, plausible or pragmatic proposals are presented, a top level architecting and a serious pursuit to upgrade citizens＇ livelihood must be prioritized in earnest.
文摘It is an honor to introduce this Focus on “Disciplined Approaches for Constructing a Rule of Law Order： Reconsiderations Revisited,” which contains two articles contributed by Dr. YAN Tian and Prof. HU Tianlong. Admittedly, this Focus primarily aims to conceptualize new elements of the rule of law rhetoric faced by Chinese scholars. The two articles brought in a broad, doctrinal, yet incisive, critical review and reconsideration on how the rule of law construction in modem China may accommodate constantly-changing social movements and understandings as well as fiscal and taxation policies, and how China may take practical steps to implement such adjustments.
文摘The article unpacks the concept of the rule of law by distinguishing five distinct meanings of the term. These are： （1） the rule of practical wisdom, （2） the rule of the law, （3） rule by law, （4） the rule of law as a principle of eonstitutionalism, and （5） the rule of law as a power-building technique. It suggests that unless the particular meaning being used is clarified, discussion of the concept is likely to generate more heat than light.
文摘China＇s new private international law adds choice of law provisions for property. Most of the provisions are innovative. They further clarify the general legal provisions applicable to property with a focus on regulating movable property and commercial securities. The choice of law rules for property comply with relevant international legislation as far as possible. At the time, certain individual provisions are not well drafted and they are inconsistent with current domestic substantive laws. The principle of parties＇ autonomy was first introduced to the field of ＂movable property＂ and ＂movable property in transit, ＂but it seems goes too far. In light of the gradual opening up of China＇s securities market, the new law stipulates applicable laws to commercial securities, but it did not take into account the indirect holding system of securities.
基金Project supported by the Department of Science&Technology(DST)(Science and Engineering Research Board(SERB)-Core Research Grant(CRG))Government of India(CRG/2020/006446)。
文摘The envisaged design and developme nt of individual mate rials to excavate a broader spectrum of desired properties and offer multiple applications are highly necessitating.Keeping this in mind,a series of forsterite-structured Mg_(2)GeO_(4):Eu^(3+)(1 mol%-9 mol%)nanophosphors was synthesized via a solution combustion method using oxalyl dihydrazide as a fuel.The X-ray diffraction patterns confirm the orthorhombic crystal system with a Puma space group.Morphological results clearly show irregularly shaped cluster-like structures with aggregation of the particles.Employing diffuse reflectance spectra,the optical energy band gap of the Mg_(2)GeO_(4):Eu^(3+)(1 mol%-9 mol%)nanophosphors was estimated and obtained to be~4.12-4.32 eV.The photoluminescence emission spectra exhibit intense peaks at^(5)79,589,610,661,and 707 nm,which are due to characteristic^(5)D_(0)→^(7)F_(0),^(5)D_(0)→^(7)F_(1),^(5)Do→^(7)F_(2),^(5)D_(0)→^(7)F_(3)and^(5)D_(0)→^(7)F_(4)transitions of Eu^(3+)ions,respectively.The Commission International de L'Eclairage color coordinates are gradually tuned from pale red(0.5980,0.4012)to a pure red(0.6385,0.3611)region.Thermoluminescence glow peaks showcase excellent super-linear response at low doses ofγ-irradiations,indicating that the prepared phosphor can be used in thermoluminescent personal dosimetry which is a biological tissue equivalent.The aforementioned results demonstrate that the prepared Mg_(2)GeO_(4):Eu^(3+)(1 mol%-9 mol%)nanophosphors are considered an excellent candidate for dual applications,i.e.,red component in future generation white-light-emitting diodes(WLEDs)and personal dosimetric applications.
文摘This article considers the circumstances in which letters of indemnity(LOI) are usually provided and comments on the use of LOI in relation to the delivery of cargo without surrender of original bills of lading,changes of destination/deviation,the releasing of clean or wrongly dated bills of lading,the use of switch bills of lading and the commingling of cargoes.The article also comments on the circumstances in which the acceptance of LOI is obligatory and the circumstances in which they can be refused even if offered—an issue which is important given the risks which the acceptance of LOI often entails.Lastly,the article comments on various practical issues which should be borne in mind by those giving or accepting LOI.
文摘Abstract The Law on the Protection of Disabled Persons is the first social security legislation in China, with more than 50 laws directly related to the legal protection of the rights of persons with disabilities and career development for people with disabilities. In terms of employment protections for people with disabilities, it is important to focus on effective legal implementation, utilizing legal rulings to limit employment discrimination against people with disabilities. Educational protections are an important precondition for enabling people with disabilities to live with dignity; it should be guaranteed that people with disabilities are provided ＂reasonable accommodation＂ in educational conditions. A barrier-free environment is a necessary condition for social integration of people with disabilities. At the same time, it also benefits other members of the society such as the elderly. Through rehabilitation and exercise, most people with disabilities can return to the society to a significant degree. China should gradually expand the legislative scope of rehabilitation service fee reductions and legal categories of auxiliary appliances, issuing guiding documents that provide specifications for the relevant ＂dormant＂ legal provisions.
文摘Magna Carta was introduced into China around the mid-19th century under the context that learning from the West was then a trend for Chinese politicians and the academia to modernize China. The English constitutionalism originating from Magna Carta was considered as one of the models for China to reference. Even though the constitutional reform in the late Qing Dynasty failed to establish the constitutionalism in China, the strive for rule of law and democracy in China was never disrupted from then on. In the first century of Magna Carta＇s introduction into China, the academia used the ideas of constitutional rights, the rule of law embedded in Magna Carta to influence constitutionality in China, especially to push forward the protection of human rights and democracy. Even though the constitutionalism was not finally established in the Republic of China, the research on Magna Carta inspired the idea of constitutionalism in China. In addition, the Chinese academia realized that what China should learn was the spirit of Magna Carta, and that the construction of Chinese constitutionalism shall be based on the context of Chinese history and culture.
文摘In Chinese criminal procedure, the issues of illegally obtained evidence and witnesses not appearing in courtroom are under fire, which is partly rooted in the fact that the Chinese courts do not limit the admissibility ofpre-trial testimonial transcripts in judicial practice, zealously pursue the ＂truth of fact＂ while disregard defendant＇s right to confront. Focusing on the admissibility ofpre-trial testimonial transcripts, the article will first analyze the current legislations and judicial practice in China, then from a comparative perspective introduce the corresponding written testimony rules of the International Criminal Tribunal （Court） which distinguishes the admissibility of different categories of written testimony, with an aim of both protecting the criminal defendant＇s right of confrontation and pursuing truth in fact-finding. The practice in International Criminal Tribunal （Court） provides a good starting point for China to rethink its own practice and learn from.
文摘For more than one hundred years, China’s political and intellectual elite have conscientiously rejected some historical political and legal principles and practices while striving to amass economic strength and recover their pride and political independence. In the process of this quest for power and independence, many Chinese and foreign China specialists alike have failed to ask and answer the question: 'What made China the world’s most
文摘This article intends to shed light on key legal issues that emerged from the recently released WTO Appellate Body＇s adjudication over China -- Rare Earths dispute, exploring possible policy options for China to reach its environmental goals on natural resources in a WTO-consistent manner. The article first spotlights positive variations in the Appellate Body＇s interpretative approach regarding the applicability of GATT general exceptions to defend the violation of WTO-Plus commitments under China＇s Accession Protocol; second, given the fact that the Appellate Body, pursuant to the elements inscribed in GATT Article XX（g）, confirmed the Panel＇s objective assessment based on the design and structure of the challenged measures of GATT, this paper provides reflections and recommendations on China＇s domestic environmental legislation. The third part probes into the interface between the principle of permanent sovereignty over natural resources and the WTO legal regime, with an attempt to offer thought-provoking ideas on how to reconcile potential conflicts between the two.
文摘The philosophy of binary purpose in conjunction with a holistic approach reflects sustainable development. These ideas are in accordance with Chinese traditional philosophy and culture, as well as the contemporary economic and social development. It calls for the central government＇s support to achieve sustainable development at the initial stage. However, in the long run, this approach has drawbacks which are concealed. Thus, prompt adjustment is needed. In the relationship between the systems of sustainable development and democracy, human rights, sovereign equality of states, and sustainable development are approbated by the Chinese law system. The bottleneck of sustainable development is linked to its ideological system, Integration is related to the bottleneck of binary purposes, good governance, public participation, and human rights. The government-oriented mechanism has a time element that is related to the bottleneck of utilitarianism and basic economic law. For China＇s sustainable development, breaking the bottleneck to improve the system and seizing the opportunity to make innovations are of great significance. The focal points now for China are the perfection of legislation, supervision to government, encouraging public participation and empowering them with legal rights. Chinese government is taking green economy as a new action of implementing sustainable development. It stems from both domestic and international pressures which deepen the economic reform required to switch the economic development mode. These pressures are bringing new opportunities and vigor to China＇s sustainable development.
