Greetings from President of IVR

Professor Sir Neil MacCormick Professor Emeritus, Public Law and the Law of Nature and Nations in the University of Edinburgh As one of four billion people who watched the enthralling launch of this year＇s Beijing Olympic Games, I feel renewed enthusiasm for the 2009 World Congress of IVR in Beijing. We can be sure to meet a warmand enthusiastic welcome from all our Chinese hosts, and we can all together carry on the IVR＇s mission of improving mutual understanding in the deep issues that lie at the heart of our common pursuit of philosophy of law and social philosophy.     

Sue and Labour:The Assured's Duty to Mitigate and the Insurer's Duty to Reimburse

Introduction The purpose of the sue and labour clause is well known,as Lord Blackburn stated in Aitchison v Lohre: to encourage and induce the assured to exert themselves,and therefore the insurers bind themselves to pay in proportion any expense incurred,whenever such expenses     

The impact of economic theories on the law in market relations

The impact of economic theories on legal development, thinking and practice is undeniable. This is particularly true for neo-classical and institutional economics. Neo-classical economics are based on model assumptions of human behaviour such as pursuit of personal advantage, individualistic goals, complete information and at the same time law obedience which are the foundations of the functioning of the market mechanisms. The assumption leads to an almost mystical belief in the self-regulatory power of the market and a strong disdain and disapproval of the State. The concepts of a minimal State and de-regulation of all social relations follow from there. This article argues that model assumptions are valid scientific tools, as long as they are not taken to reflect the real world which is populated by real people that are not necessarily behaving like homines oeconomici. Preaching de-regulation and the dismissal of the State can prove simplistic and even dangerous and may lead to financial and economic crises like the ones witnessed in recent years. Institutional economics part from these empirical findings. They do not question individualism and the pursuit of egoistic objectives of market-participants, but they insist on inherent risks of this mechanism which stems from opportunistic behaviour, lack of information and transparency and the limits of trust. Property economists deduct from there that sustainable and dynamic economic development is unthinkable without well defined property title, the distinction of property and possession and credit securities. These institutions cannot be self-regulatory but need a clear legal frame, in other words rules established by a State. Transaction costs economists understand the danger of opportunistic behaviour and a corresponding systemic lack of trust in the negotiation, conclusion and execution of contracts. They underline the necessity of institutions which are capable of limiting these dangers and thus reducing transaction costs. Institutions may be customs, informal arrangements and formal law. At the end two examples are presented-real estate transactions and post-patriarchal family relations-to test the utility of these considerations.     

THE FORMATION OF LOCAL POLITICAL PARTIES IN UNITARY STATE OF REPUBLIC OF INDONESIA CONSTITUTIONAL LAW PERSPECTIVE

As a unitary state which adheres to the principle of local autonomy in 1945 NRI Constitution, Indonesia reflects the character of federalism in the context of the relationship between central and local. The character is reflected on more number of government affairs under the authority of the local than the central. It also reflects that Indonesia actually is a very diverse country, so the plurality must be treated with establishing a decentralized unitary state. Indonesian pluralism is also reflected in the diversity of its people political channels. Unfortunately, in this context, the party system in Indonesia is still highly centralized with the party system with national concern only. This normative law research with theoretical, normative, sociological and historical approaches finds that Indonesia, theoretically, is feasible to implement the local party system in addition to the existing national political party, because it holds the doctrine of the federalism mentioned above. Normatively, the provisions of pluralistic of Indonesia are set out in the Constitution, including provisions on local autonomy which provides a space for the pluralism. The pluralistic of the political channels is sociologically proven by more differentiation of public options in every election. Therefore, for the building of diverse and autonomous Indonesia in the future, a local party system which dichotomous with national political parties needs to be built. It serves as the basis of the strengthening of regional autonomy in the context of the Unitary State of Indonesia.     

LEGAL EDUCATION IN CHINA： ACHIEVEMENTS,PROBLEMS AND THE FUTURE （1949-2013）

China＇s legal education had been experiencing a rather tough way of growing up after founding of PRC and did has achieved some achievements in the early days, but the following destruction period of nearly 20 years almost ruined all of them. Since the reform and opening up, China＇s legal education had been rapidly recovering and developing, there had been an unprecedented thriving scene. After constantly summing up experience, reforming and adjustment, China＇s legal education gradually stepped into independent and scientific development mode. But with the same time, behind the prosperity scene, China＇s legal education is problematic both in quantity and in quality. In quantity, the biggest problem of china＇s legal education is its imbalanced development, lies both in regional distribution and in their charging authorities. In quality, there are four serious problems which affect its healthy development： lack of professional education idea; lack of elite education idea; lack of legal ethics education and lack of professional skill education. In the future, China＇s legal education should put more efforts on resolving these problems, that is to say, more efforts should be put on the quantitative balance. Meanwhile, concerning its quality, measures will have to be taken for bringing it back to the essential attributes of legal education, only by so doing can China＇s legal education be incorporated into the mainstream of global legal education culture     

CONSTITUTIONAL COURT＇S JUDGEMENTS INFLUENCE ON THE ADMINISTRATIVE LAW

In all democratic states, constitutional courts, which are traditionally empowered to invalidate or to annul unconstitutional statutes, have the role of interpreting and applying the Constitution to preserve its supremacy and to ensure the prevalence of fundamental rights. In this sense, they were traditionally considered as ＂negative legislators,＂ unable to substitute for the legislators or to enact legislative provisions that could not be deduced from the Constitution. During the past decade, the role of constitutional courts has dramatically changed, as their role is no longer limited to declaring the unconstitutionality of statutes or annulling them. Today, constitutional courts condition their decisions on the presumption of constitutionality of statutes, opting to interpret them according to or in harmony with the Constitution to preserve them, instead of deciding their annulment or declaring them unconstitutional. More frequently, constitutional courts, instead of dealing with existing legislation, assume the role of assistants or auxiliaries to the legislator, creating provisions they deduce from the Constitution when controlling the absence of legislation or legislative omissions. In some cases, they act as ＂positive legislators ＂, issuing temporary or provisional rules to be applied pending the enactment of legislation.     

略评法学篇目英译之败笔

不无遗憾地说：法学文字的篇目英译竟有如许败笔。最引人注目的，是诸如下列的违反大小写规则的常识性的错误——该大写的小写、该小写的又大写：1.Analysis to the Principle of Repeating Patents Prohibited by Patent Law frow(?)[?!]Case——《知识产权》，2004/22.A Probe (?)[?!]the Principal of CPA Audit Contract——《西北大学学报》，2004/23.A Review of“the Arrangement of More Closed Relationship (?)”[?!]the Mainland and Hong Kong     

论侵权案件的美国现代法律选择方法(英文)

INTRODUCTION American conflict of laws rules originated from the traditional private international law. Obviously the first restatement of conflict of laws is such a follower.However,what can be concluded from numerous reported eases is that due to the inflexibility of the connecting factor in the contests of the traditional theory,judges are inclined to introduce various rules e.g.ren- voi,characterization for the purpose to achieve ease justice.In certain eases,following the provisions of the first res...     

Informal ad hoc groupings of states as alternative means of conflict resolution： The case of ＂Contact Group＂

This paper investigates the role of informal groups, such as ＂Contact Group＂, in modem-day practice of conflict prevention, mediation, and settlement. It further aims to examine the legal status of this ad hoc grouping of states under international law, analyzing the Contact Group＇s involvement and operation in cases of Namibia （formerly South West Africa）, Bosnia and Herzegovina, and Kosovo. This empirical survey is instrumental to delimit and define the relationship that is created between formal and informal processes and institutions at the planetary level, as a result of the emergence and proliferation of informal ad hoc groupings of states. The bases of authority, political effectiveness, and the place and position of the Contact Group within the existing UN system of collective security are used to understand the rationale behind the formation and existence, as well as contribution and utility of such informal structures.     

STRATEGIES AND RESPONSES TO PLAGIARISM IN SLOVAKIA

The rapid increase in the number of higher education institutions （HEI）, students, accessibility to information and communication technology （ICT） and internet penetration after 1989 and a low level of copyright and intellectual property rights awareness contributed to the growth of plagiarism at HEIs in Slovakia. In 2008, the Ministry of Education decided to establish a common national repository for bachelor, master, dissertation, rigorous and habilitation theses. The amendment to the ttEI Act dated 2009 stipulates that every thesis or dissertation of a HEI operating under the Slovak legal order shall be sent to the central repository and undergo the originality check before it is defended. The originality check of every new thesis is made against the national repository, as well as against other resources, primarily the internet ones. From 2010 to the end of March 2013, more than 235 thousand theses and dissertations have gone through this process. The quality of the solution （organisational and technical） meets the expectations and has a positive impact on the academic community. This paper describes the implementation of the Central Repository of Theses and Dissertations and of the Plagiarism Detection System into practice and the experience from their operation. ]t also analyses the impacts of the implementation on HEIs, feedback and reactions of the academia and the public, and provides recommendations regarding the prevention and detection of plagiarism. It also addresses the growth in the number of internet texts and texts in media containing the term plagi6torstvo （plagiarism） and the growth of search hits （search frequency） for this term in the period 2002-2012.     

THE PRESS AND THE JUDICIARY： COURT AND JUDICIAL REPORTS IN THE PREss IN ENGLAND AND WALES

Western scholars have argued that image making and image management are a preoccupation of the judiciary. Images of the judiciary may take a variety of forms and be produced for kinds of audiences. One form of judicial image making and image management is live performances in the courtroom and other court settings. Another is the written judgment where the preoccupation is the style of the written text. Press and other mass media reports of judicial activity are another. The audience for judicial images is equally diverse, from fellow judges, lawyers in the courts and the wider legal community, the litigants before the courts to the executive, legislature and the public both in the courtroom and beyond. The image of the judiciary that is available to the public has a particular significance in Western rule of law democracies. As a general rule courts and the judiciary are required to operate in public and their activities must be open to public scrutiny. A recent policy manifestation of this goal is debated about confidence in the justice system and initiatives designed to improve confidence. In the majority of cases public scrutiny of judicial activity and public confidence in the judiciary relies upon the media. Objective and accurate press and media reports play a key role in shaping public understanding of the judiciary and generating or undermining confidence in that institution. Reports in regional and national newspapers have long been an important source of information, shaping public knowledge and facilitating public scrutiny of the justice system. In the UK, there is almost no scholarship on these representations past or present. The result is little known about the representation of the courts and the judiciary in press reports. Little is known about what the diligent reader of these reports can learn about judicial activity. The aim of this article is to take a first step towards changing that state of affairs. It uses a data set made up of 205 contemporary domestic newspaper reports of court and judi     

MARRIAGE LAW AND CONFUCIAN ETHICS IN THE QING DYNASTY

The Qing Dynasty is the last dynasty of all the twelve dynasties in Chinese history. Its family law embodied the Confucian conception of the integration of family, country and the world under heaven. The rule of traditional Chinese society was depicted as ＂the Rule of Propriety and Music＂ which had been established by Duke Zhou as an instrumentalist mechanism and refined by the Confucian humanistic value orientation. This rule exhibited the intricate fabric of both family and country in five-types in dressing-service, making the laws and legalities in the Qing Codes and Cases peculiar in marriage, divorce, property inheritance and heir adoption and confirmation with obvious female and juvenile discriminations. Since Confucian ethics was introduced as a remedy to the deficiency in regulation and the stereotypes of mentality in the late Zhou Dynasty, their suggestions on equal and universal moral rights have become apparent in the relative enactments and cases ever since. As a system of social regulation, the Qing Codes and Cases demonstrated validity and stability in all areas of family law as well as in their compromise with Confucian ethics in the solidarity of family, clan, country and worm where the right to live and the balance between right and duty had been always prioritized.     

DEVELOPING LANGUAGE ACCURACY WITH ESP （LEGAL ENGLISH） COURSES TAUGHT IN NON- NATIVE SPEAKING ENVIRONMENTS

The article deals with the issue of linguistic accuracy in the broader context of teaching legal English. The development of any legal English syllabus should rely on the careful balancing of legal and linguistic emphases at every step and in every aspect of the course--from the preparatory stage of selecting learning materials to the final stages of language output. The commitment to this sort of balance is illustrated by means of accuracy-sensitive examples from the Anglo-American court practice and serves as the foundation in the development of in-class tasks and activities. Language instructors are to consistently guide the learners＇ progresses by providing the appropriate forms of activities and constant feedback. Teaching legal English in non-native speaking environment demands more attention to cultural issues. Defining all the elements of the course against learners＇ cultural background can facilitate the acquisition of legal and linguistic skills and prepare them for future encounters with other legal systems.     

The impact of mining rights on the local communities in Limpopo Province, South Africa： A comparative study

The paper aims to give an account of the substance and support the development of community based organizations in balancing their interests against the interests of the mining industries. It further examines the issue of the protection of social and economic right in the context of the globalization of the activities of multinational mining and petroleum companies, as illustrated by different instances of increasing state withdrawal and with regard to specific African countries. In Africa, economic liberalization has been accompanied by a programmed redefining of the role of the state withdrawal from certain areas： planning, production and social reform, a reorientation of state intervention from certain other areas, redistribution, regulation and mediation etc, with a view of promoting a particular type of growth strategy based on promotion of private economic interests. This process has led to the delegitimation and weakening of states which were already characterized by fiscal crises, notably in countries under structural adjustment. While the process of reconceptualisation of the role of the state is not specific to Africa, its impact has been particularly significant with regard to the possibility of implementing developmental strategies designed to protect social and economic rights.     

INTERNATIONAL CONFERENCE ON THE RULE OF LAW： UNIVERSALITY,SPECIALTY AND ITS EVALUATION

On May 24, 2014, Renmin University Law school hosted an international symposium on “The Rule of Law Assessment： Universality and Particularity.” The speakers and participants came from Mainland and foreign universities, Chinese judicial divisions and govemment branches and the focus of discussions was the World Justice Project Rule of Law Index 2014 and particularly the assessment of the rule of law in moderu China. It was a busy and detailed programme and the following report deals with some of the highlights.     

Factors affecting women＇s participation in indigenous conflict resolution in Issa and Gurgura Clans of Somali,Eastern Ethiopia

This article tries to explore the factors affecting women＇s participation in indigenous conflict resolution among the Issa and Gurgura clans of Somali ethnic group. It also tries to explore the system of conflict resolution among the Issa and Gurgura clans and women＇s representation in the system. It assesses the role of women in the formation of social capital through marriage and blood relations between the different clans. Women are the primary agent in the formation of social capital between clans or ethnic groups. The paper focuses on some of the important elements of the socio-cultural settings of the study community that are in one way or another related to conflict and indigenous conflict resolution mechanisms. It also examines the positive aspects of marriage practices in the formation of social capital which strengthens friendship and unity instead of enmity.     

RELIGIOUS MINORITIES IN THE MEDIA SPACE OF THE REPUBLIC OF CROATIA

The roots of armed conflicts that spread over the territory of the Former Yugoslavia in 1990＇s had been largely connected with the religious differences among members of the Orthodox Church （Serbs and Montenegrins）, the Catholic Church （Croats） and Muslims （Bosniaks）. During the time of war in the involved States （Croatia, Bosnia and Herzegovina, Serbia and Montenegro）, the media significantly contributed to spread hatred and intolerance among religious groups. In the post-war period, the situation has gradually improved. So nowadays, there is a complex network of laws and rules intended to protect and respect the rights of religious minorities in Croatia. Moreover, a wide range of laws regulate the rights of religious minorities access to the Croatian public television and radio. However, despite a well-defined legal framework, religious minorities continue to be dissatisfied with the way the media deal with religion and relevant issues in practice. Their plea for impartial and neutral media is easy to undarstand if we take into consideration the fact that the media have an utmost importance in raising public awarness in the area of rights of religious minorities, the improvement of their status and tolerance of majority population in that respect.     

THE EXCLUSION OR INCLUSION OF SELOBEDU LANGUAGE FROM SOUTH AFRICAN CONSTITUTION AS AN OFFICIAL LANGUAGE： A COMPARATIVE ANALYSIS

This paper demonstrates the challenges faced by the Commission for the promotion of Rights of Cultural, Religious and Linguistic Communities. This is one＇of the Chapter 9 institutions in the South African Constitution with a mandate to guard democracy. Languages play a crucial part in promoting and attaining the goals of building democracy and nation. It also protects and develops South African uniquely diverse culture. The use and development of languages is closely linked to the development of culture and identity. This paper also refers to other relevant Acts passed by the state which regulate culture and languages. This paper further endeavours to thoroughly scrutinise the relevant provisions of the South African Constitution which either expressly or impliedly refers to the use of languages, and further examines whether the exclusion of the Selobedu language an official language in the Constitution violates or triumph upon those rights. It further makes comparative study with other countries, especially with countries where the constitution stipulates the official languages of that country, and also differentiates between an official and national language.     

DATA ANALYSIS OF PROFESSIONALIZATION OF LEGAL WORKERS IN CHINA

Since the reform and opening up, the legal profession in China has changed dramatically. In terms of both quantity and quality, the legal profession has stepped into a new phase. A tendency towards widespread litigation and more professionals.＂ judges, lawyers and law students, can be clearly evidenced. Along with the development of the legal profession, other types of legal workers including business arbitrators, grassroots paralegal service workers （grassroots paralegals）, and mediators have experienced great changes. To a certain extent, they have become more marginalized than before. The development of the legal profession is extremely unbalanced. Whether in terms of the number of lawyers or the income generated by lawyers, the inter-provincial gap in China is huge. The development of the legal profession also brings out the issue of judicial corruption. From the number of letters and visits related to lawsuits and the National People＇s Congress deputies ＇votes on the reports of the Supreme People＇s Court and the Supreme People＇s Procuratorate, the level of legal corruption can be noted. This＂ problem has become a crucial challenge to the reputation of the legal profession and the judicial creditability of the country. The same amount of attention should be paid to judicial corruption as to the quality of legal services.     

WHAT SHOULD AN IDEAL E-ADMINISTRATION MODEL COMPRISE？

The dominance of computer and information technologies in the second half of the 20th century has begun to transform the conventional forms of concepts and relations in law and public administration. This transformation has beeome a trigger and an indispensable decisive factor of an ongoing change which has deep impacts on the social order. In this context, the conventional relations between citizens and administration have appeared in new forms with the emergence of the Internet and other information technologies. In administrative law, this innovation, mostly referred to as e- administration, results in changes in administration and administrative activities and applications. This change gives the signals of a start that will have deep impacts and transform both public administration and administrative law. The factors that influence the emergence and success of e-administration are the level of development, financial capability, level of infrastructure, national legislation and public support in a country. The recent global crisis has led to a decrease of acceleration in e-State applications. In international literature, Fang suggests a list of requirements for e-State and hence for e-administration. An expanded version of this list can be accepted as the ＂ideal＂ for the time being. Ten characteristics required for the good practice of e-administration are as follows：