TRAGIC CONSCIOUSNESS,NATURAL LANGUAGE AND MODERN SPIRIT OF THE RULE OF LAW

Tragic consciousness, which originated in childhood, is complex compassion based on strong self-consciousness. After being moralized, tragic consciousness presents the dichotomy of good and evil, which has not only profoundly affected the formation of natural language, but also cradled the theory of natural law and religious spirit. Modern jurisprudence attempts to get rid of the shackles of classics and Christian humanism, to shape the autonomous and self-consistent image of law with the de lege lata as center. However, it is difficult for modern jurisprudence to surpass the natural language which rooted in tragic consciousness, and impossible to neglect or deny the independent value of the human. The inherent conflict within the rule of law makes ironically a tragedy, especially in the context of contemporary China.     

LANGUAGE AND CULTURE IN CHILD LAW

In 1989, England and Wales adopted the Children Act, a revolutionary and pioneering statute changing the language of the law in regards to the needs of children. Judge Nigel Fricker, the family court judge in York, formerly in Sheffield, describes this change and some of its effects on the practice of judging, the law, and the behavioral sciences regarding children.     

THE AVAILABILITY OF LAW

This article explores the practical skills that agents in the Massachusetts Attorney General's Office of Consumer Protection develop to accomplish their mandated objectives. In the situational structure and processes of discretionary decision making, we find a persistent surplus of enforcement capacity. Although the consumer protection law establishes a variety of sanctions and legal procedures to be used in enforcing the statute, agents frequently invoke infractions of other laws in the course of resolving consumer complaints. They have this flexibility only because laws, in general, are imperfectly enforced. This leaves scope in a particular situation for the invocation of a wide variety of potential violations of, for example, safety and building codes, zoning or license rules, and tax laws, all remotely if at all related to consumer protection. This article demonstrates the skill with which consumer protection officials exercise this discretion and argues that an adequate conception of the role of law ought to take account of the different ways in which law enforcement agents draw from this reservoir of un-enforced law.     

THE CHINESE MODEL OF THE RULE OF LAW

China’s project of the rule of law is destined to have its Chinese characteristics. China also needs to think about of the way of developing its own model of the rule of law so as to achieve a rule of law society that is universal in modern society. Many rule of law countries, such as England, Germany and France, started their rule of law project with their own model. China should learn from the merits of these different models. Nevertheless, China should also try to solve the key problem of the rule of law, which is the energizing of the enforcement of the Chinese Constitution.     

IMAGINING THE LAW: COMMON LAW AND THE FOUNDATIONS OF THE AMERICAN LEGAL SYSTEM

Now Doniger paced, using Kramer as an audience of one, "We are all ruled by the past, although no on understands it. No one recognizes the power of the past" he said, with a sweep of his hand.
"But if you think about it, the past has always been more important than the present. The present is like a coral island that sticks above the water, but is built upon millions of dead corals under the surface, that no one sees. In the same way, our everyday world is built upon millions and millions of events and decisions that occurred in the past. And what we add in the present is trivial.     

THE MARRIAGE LAW OF THE PEOPLE'S REPUBLIC OF CHINA

This article describes the Chinese laws of marriage and divorce under the People's Republic of China and traces their historical antecedents. The actual laws are included at the end of the article in the appendixes. Fascinating changes are occurring in China and are documented in this article.     

THE AMENDMENT OF THE ADMINISTRATIVE PROCEDURE LAW OF CHINA

The amendment of the Administrative Procedure Law of the People’s Republic of China should especially emphasize the principle of protecting citizens’ legitimate rights and interests. It should establish this principle of completing the system of the administrative procedure. Regulations that do not meet the requirement of this purpose should be revised, such as extending the scope of jurisdiction, removing the restriction of qualifications of plaintiffs, increasing certain types of litigation, encouraging flexible methods of adjudication, raising the level of jurisdiction, simplifying the procedure of litigation, and adopting more stringent enforcement measures.     

法治的两条道路

<正> 要做到十亿人口的国家人人注意遵守法律,依法办事,……根本的问题是……将法律交给广大人民掌握,使人民群众和干部知法、守法……我们最终说了算并不是因为我们一贯正确,而我们一贯正确仅仅是因为我们最终说了算。