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1.
激情漂流遭遇不测
提起漂流,位于河南省平顶山市鲁山县境内的山水漂流是旅游的热点.这里河水湍急,落差大,惊险刺激,漂流河道时宽时窄,变幻莫测,最宽处达30m,最窄处只有5m,既有急流险滩,又有平湖深潭,堪称夏季漂流的理想河段.许多游客不远千里而来,为的就是体验漂流的刺激和快感.一到夏天,这里就成了人山人海的世界.然而,在这热闹的背后,却有着一些让人意想不到的隐患. 相似文献
2.
为了追回借给好友的项链,安徽籍男青年张通(化名)向北京市公安局朝阳分局小关派出所报案,称好友王虎(化名)在北京市朝阳区某宿舍内窃取自己一条价值3万多元的项链,导致王虎于2015年11月2日被警方刑事拘留.在立案调查过程中,失主张通在接受询问时主动交代了诬告陷害他人的事实.张通非但没有追回项链,反而把自己变身为被告,陷入囹圄中. 相似文献
3.
已过天命之年的赵武胜与相差20多岁的女子婚外生下一女儿.他承诺以自家财产作担保,签下了一次性给付非婚生女儿50万元的《抚养协议书》.经过两级法院审理认定,该协议因侵犯赵武胜配偶的合法权益而不具有法律效力.
婚外生女惹纷争
赵武胜家住江苏省海门市,时年53岁,与发妻共同养育的女儿已经成年.凭借熟练的水电工技术,赵武胜走南闯北四处揽活,家境渐渐殷实.不过,家庭财政大权全由赵武胜的妻子把持,赵武胜手头并没有可以支配的资产. 相似文献
4.
礼尚往来,是中国人悠久的传统习俗,也是中国传统文化的积淀,应该加以宣传和发扬.然而,记者近期走访发现,在农村的个别地区,借各种理由大摆酒席收礼的风气浓厚.
沉重的礼金过度强调了“礼”的价值,却歪曲了“礼”的内涵,本来增进感情、互帮互助的美德,却变了色彩和味道.
无论是辽宁的李明强、江苏的王保山还是山东的孙占发,面对沉重的人情债时都显得有几分不解和无奈.孙占发说:“那又有什么办法呢!在我们农村,名声和面子有时候比性命还重要.” 相似文献
5.
有望终结“毒跑道”的最后一击终于出现了.2016年6月21日,中央电视台财经频道的《经济半小时》栏目播出了“谁制造了‘毒跑道'”专题,记者通过暗访调查曝光了距离北京不到200公里的“毒跑道”黑作坊.这些作坊把废轮胎、废电缆以及说不清来源的工业橡胶废料打碎后生产制造“毒跑道”的原料. 相似文献
6.
"十六大"以来的五年.勉县县委、县政府以科学发展观统领经济社会发展全局,走上了又好又快发展之路,步入崭新的发展阶段.一个昔日名不见经传的农业大县,在"十五"末踏上了又好又快的发展之路,近两年来,全县生产总值年均增长15%以上,增速稳居汉中市各县区之首;近年来,先后2646户无电户告别了煤油灯,265户茅草房住户搬进了新居,34万农民看病不再难……连续4年被评为"全市综合工作先进县". 相似文献
7.
《物权法》的颁布,为维护国家基本经济制度、维护社会主义市场经济秩序、保护权利人的物权提供了民事法律依据,同时也为不久的将来我国民法典的问世打下了坚实基础,其意义重大、深远.但本文的视角是在微观层面,选取几类百姓日常生活中已经出现或者可能出现的民事纠纷,结合《物权法》的相关规定加以分析运用,以飨读者.这些问题,在《民法通则》中未有规定或规定甚少,之所以称"普通民事纠纷"是为了与司法实践中主要发生于单位之间的"经济纠纷"以示区别.…… 相似文献
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刘仁文 《Frontiers of Law in China》2008,3(4):477-493
There are two problems with regard to the structure of Chinese criminal law. Firstly, the crimes that are defined in the Chinese
criminal code are approximately equal to the felonies that are defined in the western criminal codes, while re-education through
labor and penalty for administration of public security similar to the misdemeanors and violations in western countries respectively
are not included in the Chinese criminal code, and meanwhile the security measures have not been systematized. Secondly, crimes
and penalties, except in criminal law, can not be prescribed in administrative laws and economic laws, and such single track
system of conviction and sentencing fails to satisfy the current social situation in which the number of mala prohibia has increased so much. The way to reform Chinese criminal law structure: Firstly, it is to establish a double track system,
where mala prohibia should be prescribed in the related administrative laws or economic laws; secondly, a comprehensive criminal code should
be reformulated in which felonies, misdemeanors, violations and security measures are all included.
Liu Renwen, Ph.D, is a senior research fellow at the Law Institute of Chinese Academy of Social Sciences. His major works
include: A Preliminary Study of Criminal Policy (2004), Economic Analysis in the Integration of Criminal Law (2007), Crimes of Environment and National Resources (2004); and research articles, such as: Reform of the re-education through labor (Criminal Law Review, 2001), Enhance the quality of death penalty cases through the procedure (New Reports in Criminal Law, 2006). 相似文献
12.
Shirong Wang 《Frontiers of Law in China》2007,2(4):493-517
In traditional Chinese law, cases are the judicial decisions of general effects determined by special procedures. Before the
Period of Spring and Autumn and Warring States, the main form of Chinese law was cases. After that period, Chinese legal system
had gradually accommodated various forms in coexistence, with codes as the main body but cases as supplementary. Such a system
maintained for a long time. Those cases in the codification era were based on codes and functioned to broaden the scope of
legislation, supplement the legislative techniques and strengthen the effect of rules. As to the relationship between the
establishment rule and the recurring rule of cases, ancient Chinese law persisted in the recurring rule and thus it maintained
a relatively steady supply of rules while maintaining an inner stable legal forms.
Wang Shirong, professor, head of the Research Department of Northwest University of Political Science and Law (NWUPL), Standing
Director of the Legal History Society of China, Vice-director of the National Clinical Education Committee, Honored Professor
of Gansu Institute of Political Science and Law, Consultant of Xi’an Intermediary Court, a project manager of the legal clinic
program of NWUPL. His Major researches cover: Chinese legal history, the legal history of criminal law and the clinical legal
education. His representative works include: A Study of Chinese Court Decisions in Ancient Time (1997, CUPL Press), A Study of Ancient Cases in China (1997, CUPL Press), Legal Cases and Law Development (2006, Law Press), and more than 20 papers released in key journals. 相似文献
13.
漆彤 《Frontiers of Law in China》2009,4(1):82-101
Regional economic cooperation and multilateral cooperation of competition policies are regarded as two of the most important
topics in international communities, both of which have a very close relationship, i.e., the former is an important path to
the latter, and the latter is usually a critical topic of the former. Among the existing regional cooperation mechanism of
competition policies are the three most typical modes, i.e., APEC’s open cooperation, NAFTA’s procedural law cooperation and
EU’s substantive law cooperation. While taking initiatives to participate in multilateral cooperation of competition policies,
China shall grasp the situation of current multilateral cooperation of competition policies, and follow the orderliness of
its development, i.e., a step-by-step process of cooperation from nonbinding to binding, from domestic law to international
law, and from fundamental to procedural law and to substantive law.
Qi Tong, Ph.D, was once a visiting scholar in the Amsterdam Center of International Law (ACIL) (2006–2007). Now, he is an
associate professor at the Department of International Economic Law of Wuhan University. His research interests focus on international
trade law, international investment law, international financial law, international competition policy. His main publications
include Regulatory constraint on transnational mergers & acquisitions (2006), Antitrust legislation on foreign M&A investments: Analysis on the antitrust rules in the Interim Provisions for Foreign Investors
to Merge Domestic Enterprises (2004), Evolution of the pluralistic market regulation mechanism and its legislation (2005), On the positive comity of international antitrust cooperation (2005), International regulation mechanism and the new views of international economic law (2005), A legal perspective on the development of loan securitization in China (2006), A review on the case of Chinese measures affecting financial information services and foreign financial information supplier (2008). 相似文献
14.
周忠海 《Frontiers of Law in China》2008,3(3):353-367
In the most range of the East China Sea, the exploiting oil and gas have been blocked for decades by conflicting claims to
the boundaries and islets by China and Japan. For the sake of addressing conflicts in a comprehensive cooperation by bilateral
and multilateral agreements aiming at reducing rising tensions and harvesting resources in disputed areas, it has become a
key issue worthy of research.
Zhou Zhonghai is a professor of international law and director of the International Law Center in China University of Political
Science and Law. He was a senior visiting scholar of the Law School, University of Virginia (1991). As a legal adviser of
the Chinese delegation to the third UN conference on the law of the sea, he once attended the drafting committee conference.
His main works include Comments on International Law (2001), International Law of the Sea (1987), Legal Problems on International Economic Relations (1993), Peace, Justice and Law (1996), Technologic Progress and Development of the Law of the sea (1998), Law Dictionary (1998), Business Law in China, Trade, Investment and Finance (1997), On the Case of Agusto Pinochet Ugarte (1999). In addition, he has published many essays, for instance, Zhonghai Zhou’s essays on international law (2006), Jurisdiction of the International Tribunal for the Law of the Sea (2005), International law and its functions in international relations (1997), On diplomatic protection for the overseas investments (2007). 相似文献
15.
Lingliang Zeng 《Frontiers of Law in China》2008,3(1):15-34
A peaceful and harmonious world is an important social basis for China’s peaceful development, and international law lays
a legal foundation and guarantee for building such a world. In the “village of globe” with co-existence and economic globalization,
international law provides China a peaceful development with legal certainty in external environment of peace and security,
fair and equal international competitive order, and international cooperation; and on the other hand, it puts on an increasing
legal restraint on the internal and external strategies of China’s peaceful development. At the same time, the peaceful development
of China deems to make a great contribution to the world, which are the main subject of international law in peace and development,
as well as to human rights, rule of law and democracy, which are the universal values pursued by international law.
Zeng Lingliang, Ph.D of law, is presently a dean and professor in the Faculty of Law in University of Macau. He is an awardee
of the Cheung Kong Scholars Award Program and Jean Monnet Chair of European Union Law in Wuhan University, and one of the
first three individuals nominated by the China government on the list of panelists in the WTO. He has published many articles
on WTO issues, EU law and international law, and his influenced monographs are European Communities and Modern International Law (1992) and its revised edition—European Union and Modern International Law (1994), Law of World Trade Organization (1996), International Law and China in the Early 21
st
Century (2005) and the Essentials of EU Law—in the New Perspective of the Treaty on the Constitution for Europe (2007). 相似文献
16.
Wolfgang Drechsler 《European Journal of Law and Economics》2009,28(1):19-37
The purpose of this essay is, first, to suggest Ragnar Nurkse as a Law & Economics thinker, and second, yet more importantly,
to demonstrate the possibility and desirability of a Law & Economics of Development along Nurksean lines. Ragnar Nurkse (1907–1959),
whose 100th birthday is celebrated in 2007, is one of the founding fathers of classic development economics. Given the recent
interest in the Law & Economics of development, showing how a classic figure in the field successfully used such an approach
might be of considerable interest, especially as development economics is a very emotional field which may well profit from
the ‘objectivizing’ function of Law & Economics. Nurkse’s economics-based realism, his focus on what effect a program really
has, rather than what it is supposed to have, and on what a policy can steer or change and what not, based on a typically
Stiglerian attention to aggregate welfare, seem especially productive. Finally, the essay suggests a set of Nurkse-based principles
or theses for a Law & Economics of Development.
相似文献
Wolfgang DrechslerEmail: Email: |
17.
Weidong Chen 《Frontiers of Law in China》2006,1(2):153-163
Re-modifying China’s Criminal Procedure Law has become an important topic within theoretical circles. Many scholars discuss
the question of how to modify Criminal Procedure Law. The author considers re-modifying Criminal Procedure Law based on basic
scientific ideas; if these ideas contain paying equal attention to fighting crime and protecting human rights, initially setting
up a procedural idea and a view of legal truthfulness, giving priority to justice with due consideration to efficiency, and
obeying and consulting the international criminal judiciary justness guidelines that will be followed in re-modifying Criminal
Procedure Law, then this re-modifying will be successful.
__________
Translated from People Justice, 2005, (5) (in Chinese) 相似文献
18.
王晓晔 《Frontiers of Law in China》2009,4(3):343-375
The Anti-Monopoly Law of the People’s Republic of China has provided to prohibit monopoly agreements and abuse of dominant
market position, control concentration of business operators and fight against administrative monopoly. The transformation
of China’s economic system is incomplete, and the Anti-Monopoly Law has many flaws. At the initial stage of enforcing the
Anti-Monopoly Law, severe challenges will occur in legislative purposes, enforcement authorities, fighting against administrative
monopoly and handling of the relationship between anti-monopoly enforcement and industry supervision. Thus, the promulgation
of the Anti-Monopoly Law is only the first step in the legislation on anti-monopoly.
Wang Xiaoye held a bachelor’s degree of philosophy from Inner Mongolian Normal University (1981), LL.M. from Renmin University
of China (1984) and Doctor Juris magna cum laude from the University Hamburg (1993). Since 1984, she works at the Institute
of Law, Chinese Academy of Social Sciences (CASS). From 1988 to 1993, she studied in Germany based on Max-Planck Institute
for Comparative Private Law. As visiting scholar she spent a year at Max-Planck Institute for Comparative Intellectual Property
and Competition Law, and a year at Max-Planck Institute for Comparative Social Law in Munich. In 2004, she was invited to
the US by the Antitrust Division of the Department of Justice. In 2005, she was invited to the European Union Visitors Program,
and awarded a Fulbright Scholarship to spend a year at the Chicago-Kent College of Law.
Prof. Wang works in the areas of economic law, international economic law, and focuses on competition law. Her publications
include: Monopoly and Competition in the Chinese Economy — A conception for merger control in China in view of the American
and German practices (J C B Mohr, 1993); Monopoly Problem in the Merger of Enterprises (Law Press, 1996); On Competition Law
(China’s Legal Publishing House, 1999); Competition Law of European Community (China’s Legal Publishing House, 2001); Economic
Law (Social Sciences Academic Press, 2005); Competition Law (Social Sciences Academic Press, 2007). She also has over 200
papers published in Chinese, German and English languages.
Prof. Wang has served as vice president of National Association for Economic Law of China, the head of the Consultant Committee
for WTO Trade and Competition Policy of the Ministry of Commerce, and member of the Expert Advisory Board for Anti-Monopoly
Legislation of the State Council and the National People’s Congress. In her honor, she once lectured on competition law for
the Standing Committee of the Ninth and Tenth People’s Congress. In international academic activities, she is a founding member
of Academic Society for Competition Law (ASCOLA) and of the Asian Competition Forum, and member of International Advisory
Board of the CUTS C-CIER. She lectured on Chinese law at ABA, IBA, IPBA, ACF, Harvard University, Columbia University, Washington
University (St. Louis), New York University, KFTC, Chatham House, LIDC, IDRC and other institutions. 相似文献
19.
In this introduction to this special issue of the Asian Journal of Criminology, we pay special attention to public participation and involvement in the criminal justice system in Asia. Public support,
participation, and involvement in various forms are crucial to normal functioning and effectiveness of the criminal justice
system. Given the centralized and often non-democratic nature of the legal system in many Asian nations, studies in this field
have lagged behind their Western counterparts. Based on empirical and theoretical studies from China, India, Japan, Macao,
and South Korea, papers in this special issue address several key aspects of public participation and involvement in these
Asian nations and regions, including the public’s role in crime reduction and prevention, the public’s fear of crime, the
public’s involvement with the police in dealing with juvenile delinquencies, the police’s perception of civilian oversight
of police work, public opinion on criminal trial procedures, and a comprehensive crime prevention strategy. 相似文献
20.
Building on recent research investigating the role of books in the discipline of criminology and criminal justice (C/CJ),
this paper uses Google Scholar to identify the most cited books in the field. In particular, the researchers examined the
most cited books in four different eras. Prior to1900, the most cited C/CJ-related book was On the Origin of Species. Merton’s Social Theory and Social Structure was the most cited book in the second era (1900–1949). The third era (1950–1999) produced the most cited work in the study,
Foucault’s Discipline & Punish. And in the final era (2000 to present), Garland’s Culture of Control was the most cited work. The researchers also sought to determine the most cited books by women and African Americans/Blacks.
The most cited book by a female author was Judith Herman’s Trauma and Recovery, and the most cited book by an African American/Black scholar was William Julius Wilson’s The Truly Disadvantaged. The authors conclude by arguing for the continued emphasis on demarcating the “great books” in the discipline. 相似文献