The continuous debate on the formal rule of law and the substantive rule of law in the construction of the rule of law in China not only affects the understanding of the connotation of the rule of law in China,but als...The continuous debate on the formal rule of law and the substantive rule of law in the construction of the rule of law in China not only affects the understanding of the connotation of the rule of law in China,but also the choice of the path for the development of the rule of law in China.In the new stage of “comprehensively advancing the Law-Based Governance of China”,the process of “comprehensively advancing the Law-Based Governance of China” is also a process of continuously improving the rule of law quality in China.And from this perspective,the relationship between the formal rule of law and the substantive rule of law has got a new meaning.Promoting the substantive rule of law is an important way to realize the development of the rule of law and improve the quality of the rule of law.At the same time,the promotion of the substantive rule of law should follow the “people-centered” nature of the rule of law and the objective is conducive to the promotion of the rule of law and the formation of the “rule of law ecology”.展开更多
This study is seeking an answer as to whether the efficient state and the state under the rule of law are indeed irreconcilable, as well as to whether these two categories are by nature to be seen as contrary concepts...This study is seeking an answer as to whether the efficient state and the state under the rule of law are indeed irreconcilable, as well as to whether these two categories are by nature to be seen as contrary concepts. The basic issue is whether efficiency is to be handled as an ＂extralegal＂ category, or whether legal regulation, in accordance with public administration traditions in Europe, can in itself meet the requirement of efficiency. Also the study presents the formation of the issue of conflict between the effective state and the state under the rule of law in Hungary after the election held in 2010 in the practice of economic policy and legislation of the Orban government. We are trying to answer the question of the tendency of power concentration to really menace the principles of a traditionally-formed state under the rule of law, as well as whether the economic policy of the government can be implemented effectively in a strongly centralized political and state administrative system.展开更多
The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China （CPC） reviewed and approved the Decision of the CPC Central Committee on Certain Key Issues Concerning Comprehensively Pushing...The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China （CPC） reviewed and approved the Decision of the CPC Central Committee on Certain Key Issues Concerning Comprehensively Pushing Forward the Rule of Law （hereafter, ＂Decision＂）. The plenary session was convened at a pivotal stage in comprehensively building a well-off society and comprehen- sively deepening reform. It was the first of its kind with the theme of the rule of law and was a landmark event in China＇s legal construction. The Journal interviewed Professor Luo Haocai, who is also president of the China Society for Human Rights Studies （CSHRS）.展开更多
General Secretary Xi Jinping delivered an important speech on China’s Path of Human Rights at a group study session of the Political Bureau of the CPC Central Committee on February 25,2022.Persisting with the law-bas...General Secretary Xi Jinping delivered an important speech on China’s Path of Human Rights at a group study session of the Political Bureau of the CPC Central Committee on February 25,2022.Persisting with the law-based protection of human rights and improving the mechanism for the protection of human rights by the rule of law are essential for unswervingly following the development path of human rights in China.The improvement of the mechanism for the protection of human rights by the rule of law necessitates adhering to the principle of respecting the dominant role of the people and removing the institutional obstacles in rule of law protection of human rights;to comprehensively strengthen the implementation of the Constitution,advance the filing and examination of the Constitution,and safeguard the authority of the Constitution;to accelerate the theoretical innovation of human rights and the construction of the discipline system,the academic system and the discourse system of human rights that meet the needs of the new era in China,and to actively participate in and contribute to the global governance on human rights,etc.Improving the mechanism for the protection of human rights by the rule of law can provide a solid protection for people enjoying a better life.展开更多
Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) le...Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) legal system, from its origins to recent US Supreme Court decisions, continue to positively benefit holders of real estate in the Southern US, through a deep-rooted public policy of supporting private property rights and rural economic development. This stable rule of law enhances the long-term adaptability and sustainability of timberland as an asset class. This article is a commentary. It combines legal research methodology with the observations and conclusions of the authors. Its purpose is to demonstrate that the existence of alienable, documentable ownership, and related property rights create inherent stability and security. These principles form the basis of a culture that is defined by the rule of law and is “open for business.” This business mindset is particularly prevalent in the Southern US.展开更多
It is very timely and necessary for us to hold this seminar in the beautiful Suzhou Campus of Renmin University of China to deeply study and implement the decisions of the Fourth Plenary Session of the 18th Communist ...It is very timely and necessary for us to hold this seminar in the beautiful Suzhou Campus of Renmin University of China to deeply study and implement the decisions of the Fourth Plenary Session of the 18th Communist Party of China(CPC)Central Committee,push forward the construction of China’s rule of law and jointly discuss the development of China’s human rights cause.展开更多
Jean Jacques Rousseau was one of the famous French Enlightenment thinkers,and Emile was one of his great masterpieces,in which he emphasized his objection to the medieval religious and feudal education that was a hind...Jean Jacques Rousseau was one of the famous French Enlightenment thinkers,and Emile was one of his great masterpieces,in which he emphasized his objection to the medieval religious and feudal education that was a hindrance for the development of children's natural individuality,and he advocated implementing the natural education that was conformity to the children's nature,and fostered the harmonious development of children's body and mind.Rousseau's natural education theory was an education rationale for human innovation of its education posterior to his time,which thus was called "Copernican revolution" in human education history.From Rousseau onwards,the human education theory has begun to enter a new period of emphasis on research of children.展开更多
The Report of the 18th CPC National Congress in 2012 emphasizes building a socialist country based on the rule of law as China＇s overall governance strategy. At the same time, it has expanded the ＂four in one＂ to ...The Report of the 18th CPC National Congress in 2012 emphasizes building a socialist country based on the rule of law as China＇s overall governance strategy. At the same time, it has expanded the ＂four in one＂ to ＂five in one＂; i.e. the construction of an ecological civilization has been added to the other major tasks in socialist construction with Chinese characteristics---economic construction, political construction, cultural construction, and social construction, thus setting out the roadmap for China＇s construction of an environmental system based on the rule of law. The aim of this construction is to establish an environmental legal system that corresponds to China＇s ecological civilization, and its main task is to integrate environmental rationality into the operation of the rule of law by improving environmental legal mechanisms and institutions.展开更多
The logical sequence of China＇s state governance is ＂governing party--consultative conferences--people＇s congresses--the people.＂ The ＂governing party--consultative conferences＂ link in the chain involves politi...The logical sequence of China＇s state governance is ＂governing party--consultative conferences--people＇s congresses--the people.＂ The ＂governing party--consultative conferences＂ link in the chain involves political consultation through people＇s consultative conferences. The ＂governing party--consultative conferences--people＇s congresses＂ link involves a process of obtaining legitimacy for the Party＇s views based on political consultations which are then translated into the national will by the system of people＇s congresses. The ＂people＇s congresses--the people＂ link involves the two-pronged logic of elections and governing the country according to law. The ＂governing party--the people＂ link is an illustration of the party＇s mass line, which essentially involves social consultation. Consultative democracy usually includes the political consultation in the ＂governing party---consultative conferences＂ link and the social consultation in the ＂governing party-- the people＂ link in the chain, both of which are connected through the system of people＇s congresses. This logically determines the inner relations between the Party＇s leadership, consultative democracy and the people＇s congress form of representative democracy and shapes the institutionalization of consultative democracy. That is, in the process of democratic decision-making, a circular system consisting of ＂political consultation-- legislative consultation--social consultation＂ is created to guide development of the actual system.展开更多
Making the authority of office of government at all levels more standardized and lawbased is an important step in the process of deepening financial reform and establishing fiscal and taxation systems governed by law....Making the authority of office of government at all levels more standardized and lawbased is an important step in the process of deepening financial reform and establishing fiscal and taxation systems governed by law.To do so,China needs to clarify further the legal division of authority of government at every level and protect and promote its exercise through legal mechanisms.Governments are given powers so that they may effectively protect citizens’basic interests.On the premise of clarifying the boundaries of government functions,we should use legal means and observe the principle of restraint in determining the scope of authority of office.The criteria for the division have both economic and legal aspects.Economic criteria are more basic;legal criteria make adjustments to the pattern of division derived from economic criteria.The authority of office can be divided into legislative supervision and enforcement.The current legal system allocates powers of legislative supervision quite rationally,but supervision of judicial powers in particular should be appropriately centralized.In terms of enforcement,some space is left for the division of administrative powers in the current system,and there is quite obvious homogeneity of powers between different levels of government.The legal division of authority of office requires that basic principles be stipulated in the Constitution and that a basic fiscal law be devised that clarifies the powers of all levels of government.Allocation of fiscal powers between governments and optimization of the transfer payment system,together with budget constraints,will provide an institutional guarantee for the division of these powers.Fundamentally,the legal confirmation of a system of civil rights can promote the implementation of statutory powers.展开更多
The modern democracy in Mongolia has changed from ideology and desires into the daily actions and real-life needs of achievement of the people.The content of this article aimed to categorizing the democracy developmen...The modern democracy in Mongolia has changed from ideology and desires into the daily actions and real-life needs of achievement of the people.The content of this article aimed to categorizing the democracy development process and its challenges and opportunities in promoting democratic governance in Mongolia such brought specific approaches of the changes and difficulties.The contented of research article contextual approaches are characterized by own individual research data on democracy as basis on the use of the work and the independent research findings of the researcher.On the overview of process of uncut democracy consolidation and the democracy development in Mongolia managed to the most consistent principles and fundamental values of democracy up to second half of the 1990s.From the second half of the 1990s till the election in 2004,within this term,the following challenges and difficulties risen to action of slowing down that forming of political parties,grouped into fractional,blockage of post-trafficking,conspiracy,and to be corrupted and bribery as mentioned as newly adverse phenomena have begun to the democracy development.展开更多
基金The phased achievements of the Major Project of National Social Science Fund of China“A Study on the Civil Law Spirit and the People-Centered Model of the Construction of Socialist Rule of Law Culture”(14ZDC022)
文摘The continuous debate on the formal rule of law and the substantive rule of law in the construction of the rule of law in China not only affects the understanding of the connotation of the rule of law in China,but also the choice of the path for the development of the rule of law in China.In the new stage of “comprehensively advancing the Law-Based Governance of China”,the process of “comprehensively advancing the Law-Based Governance of China” is also a process of continuously improving the rule of law quality in China.And from this perspective,the relationship between the formal rule of law and the substantive rule of law has got a new meaning.Promoting the substantive rule of law is an important way to realize the development of the rule of law and improve the quality of the rule of law.At the same time,the promotion of the substantive rule of law should follow the “people-centered” nature of the rule of law and the objective is conducive to the promotion of the rule of law and the formation of the “rule of law ecology”.
文摘This study is seeking an answer as to whether the efficient state and the state under the rule of law are indeed irreconcilable, as well as to whether these two categories are by nature to be seen as contrary concepts. The basic issue is whether efficiency is to be handled as an ＂extralegal＂ category, or whether legal regulation, in accordance with public administration traditions in Europe, can in itself meet the requirement of efficiency. Also the study presents the formation of the issue of conflict between the effective state and the state under the rule of law in Hungary after the election held in 2010 in the practice of economic policy and legislation of the Orban government. We are trying to answer the question of the tendency of power concentration to really menace the principles of a traditionally-formed state under the rule of law, as well as whether the economic policy of the government can be implemented effectively in a strongly centralized political and state administrative system.
文摘The Fourth Plenary Session of the 18th Central Committee of the Communist Party of China （CPC） reviewed and approved the Decision of the CPC Central Committee on Certain Key Issues Concerning Comprehensively Pushing Forward the Rule of Law （hereafter, ＂Decision＂）. The plenary session was convened at a pivotal stage in comprehensively building a well-off society and comprehen- sively deepening reform. It was the first of its kind with the theme of the rule of law and was a landmark event in China＇s legal construction. The Journal interviewed Professor Luo Haocai, who is also president of the China Society for Human Rights Studies （CSHRS）.
文摘General Secretary Xi Jinping delivered an important speech on China’s Path of Human Rights at a group study session of the Political Bureau of the CPC Central Committee on February 25,2022.Persisting with the law-based protection of human rights and improving the mechanism for the protection of human rights by the rule of law are essential for unswervingly following the development path of human rights in China.The improvement of the mechanism for the protection of human rights by the rule of law necessitates adhering to the principle of respecting the dominant role of the people and removing the institutional obstacles in rule of law protection of human rights;to comprehensively strengthen the implementation of the Constitution,advance the filing and examination of the Constitution,and safeguard the authority of the Constitution;to accelerate the theoretical innovation of human rights and the construction of the discipline system,the academic system and the discourse system of human rights that meet the needs of the new era in China,and to actively participate in and contribute to the global governance on human rights,etc.Improving the mechanism for the protection of human rights by the rule of law can provide a solid protection for people enjoying a better life.
文摘Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) legal system, from its origins to recent US Supreme Court decisions, continue to positively benefit holders of real estate in the Southern US, through a deep-rooted public policy of supporting private property rights and rural economic development. This stable rule of law enhances the long-term adaptability and sustainability of timberland as an asset class. This article is a commentary. It combines legal research methodology with the observations and conclusions of the authors. Its purpose is to demonstrate that the existence of alienable, documentable ownership, and related property rights create inherent stability and security. These principles form the basis of a culture that is defined by the rule of law and is “open for business.” This business mindset is particularly prevalent in the Southern US.
文摘It is very timely and necessary for us to hold this seminar in the beautiful Suzhou Campus of Renmin University of China to deeply study and implement the decisions of the Fourth Plenary Session of the 18th Communist Party of China(CPC)Central Committee,push forward the construction of China’s rule of law and jointly discuss the development of China’s human rights cause.
文摘Jean Jacques Rousseau was one of the famous French Enlightenment thinkers,and Emile was one of his great masterpieces,in which he emphasized his objection to the medieval religious and feudal education that was a hindrance for the development of children's natural individuality,and he advocated implementing the natural education that was conformity to the children's nature,and fostered the harmonious development of children's body and mind.Rousseau's natural education theory was an education rationale for human innovation of its education posterior to his time,which thus was called "Copernican revolution" in human education history.From Rousseau onwards,the human education theory has begun to enter a new period of emphasis on research of children.
文摘The Report of the 18th CPC National Congress in 2012 emphasizes building a socialist country based on the rule of law as China＇s overall governance strategy. At the same time, it has expanded the ＂four in one＂ to ＂five in one＂; i.e. the construction of an ecological civilization has been added to the other major tasks in socialist construction with Chinese characteristics---economic construction, political construction, cultural construction, and social construction, thus setting out the roadmap for China＇s construction of an environmental system based on the rule of law. The aim of this construction is to establish an environmental legal system that corresponds to China＇s ecological civilization, and its main task is to integrate environmental rationality into the operation of the rule of law by improving environmental legal mechanisms and institutions.
基金This paper is the result of a major project of the Central Marxist Theoretical Research and Development Project and the National Social Science Foundation, ＂Comprehensively Promote Governance of the Country in Accordance with the Law＂ （2015MZD042） and a major project of the National Social Science Foundation （14DC027）. Thanks to Prof. Zhang Hong, Prof. Qin Xiaojian and Prof.Li Dong for their help revising this paper as well as to the anonymous reviewers for their valuable suggestions.
文摘The logical sequence of China＇s state governance is ＂governing party--consultative conferences--people＇s congresses--the people.＂ The ＂governing party--consultative conferences＂ link in the chain involves political consultation through people＇s consultative conferences. The ＂governing party--consultative conferences--people＇s congresses＂ link involves a process of obtaining legitimacy for the Party＇s views based on political consultations which are then translated into the national will by the system of people＇s congresses. The ＂people＇s congresses--the people＂ link involves the two-pronged logic of elections and governing the country according to law. The ＂governing party--the people＂ link is an illustration of the party＇s mass line, which essentially involves social consultation. Consultative democracy usually includes the political consultation in the ＂governing party---consultative conferences＂ link and the social consultation in the ＂governing party-- the people＂ link in the chain, both of which are connected through the system of people＇s congresses. This logically determines the inner relations between the Party＇s leadership, consultative democracy and the people＇s congress form of representative democracy and shapes the institutionalization of consultative democracy. That is, in the process of democratic decision-making, a circular system consisting of ＂political consultation-- legislative consultation--social consultation＂ is created to guide development of the actual system.
基金the 2013 National Social Science Fund Key Project “Innovative Research on Fiscal and Taxation Law Systems for Promoting the Equitable Distribution of Income”(13&ZD028)the 2012 National Social Science Fund Key Project “Research on a System of Laws for the Supervision of Public Finances”(12AFX013)
文摘Making the authority of office of government at all levels more standardized and lawbased is an important step in the process of deepening financial reform and establishing fiscal and taxation systems governed by law.To do so,China needs to clarify further the legal division of authority of government at every level and protect and promote its exercise through legal mechanisms.Governments are given powers so that they may effectively protect citizens’basic interests.On the premise of clarifying the boundaries of government functions,we should use legal means and observe the principle of restraint in determining the scope of authority of office.The criteria for the division have both economic and legal aspects.Economic criteria are more basic;legal criteria make adjustments to the pattern of division derived from economic criteria.The authority of office can be divided into legislative supervision and enforcement.The current legal system allocates powers of legislative supervision quite rationally,but supervision of judicial powers in particular should be appropriately centralized.In terms of enforcement,some space is left for the division of administrative powers in the current system,and there is quite obvious homogeneity of powers between different levels of government.The legal division of authority of office requires that basic principles be stipulated in the Constitution and that a basic fiscal law be devised that clarifies the powers of all levels of government.Allocation of fiscal powers between governments and optimization of the transfer payment system,together with budget constraints,will provide an institutional guarantee for the division of these powers.Fundamentally,the legal confirmation of a system of civil rights can promote the implementation of statutory powers.
文摘The modern democracy in Mongolia has changed from ideology and desires into the daily actions and real-life needs of achievement of the people.The content of this article aimed to categorizing the democracy development process and its challenges and opportunities in promoting democratic governance in Mongolia such brought specific approaches of the changes and difficulties.The contented of research article contextual approaches are characterized by own individual research data on democracy as basis on the use of the work and the independent research findings of the researcher.On the overview of process of uncut democracy consolidation and the democracy development in Mongolia managed to the most consistent principles and fundamental values of democracy up to second half of the 1990s.From the second half of the 1990s till the election in 2004,within this term,the following challenges and difficulties risen to action of slowing down that forming of political parties,grouped into fractional,blockage of post-trafficking,conspiracy,and to be corrupted and bribery as mentioned as newly adverse phenomena have begun to the democracy development.
