THE PROCEDURE OF THE CONTROLE OF THE DELEGATED LEGISLATION IN LAW-MAKING PROCESS IN ROMANIA

The special legislative procedures deviate from common rules, from the ordinary legislative procedure. The special legal procedures include： the additional legislative procedure to review the law, the assumption of responsibility by the Government, the legislative delegation procedure, the emergency procedure, and the adoption of constitutional laws, of organic laws, of financial laws and of laws to ratify international treaties.     

DISCUSS THE SUITABLE RULE OF ELECTRONIC EVIDENCE

The traditional type of evidence collection and certification rules are more perfect in evidence law, the characteristics of electronic evidence are different from traditional evidence, which cannot all follow the traditional rules of evidence, shall be formulated for its adaptation to the rules of its characteristics. This article starts from the electronic evidence forensics and cross- examination of two parts, this paper studies the electronic evidence forensics and cross-examination rules, it puts forward the best rules of electronic evidence that shall be drawn up in China for full specification on the application of electronic evidence.     

WRONGFUL CONVICTIONS AND THE EXCLUSIONARY RULES IN CHINA

Wrongful conviction is the shadow of the criminal justice system. Under this shadow are the flaws and deficiencies of the system, which must be shed light on in order to instigate and promote reforms and improvements to the system. Extracting confessions with torture is a major cause for wrongful convictions in China. The exclusionary rules against illegally obtained evidence should be an effective way to eliminate tortures from criminal justice. The Provisions on Several Issues Concerning the Examination and Evaluation of Evidence in Death Penalty Cases and the Provisions on Several Issues Concerning Exclusion of Illegal Evidence in Criminal Cases and the newly amended Criminal Procedure Law have made progresses in this regard, but we still have a long way to go to turn the laws on paper into the rules in action.     

REDEFINITION OF CURRENT LEGAL MEASURES＇ ROLE AS ＂PANACEAS＂ IN DIGITAL RIGHTS MANAGEMENT PLAY

In this article, the author tries to discuss what the appropriate legal protection of digital rights management （DRM） technologies is. The objective of the paper is to highlight the deficiencies of the present legal practices in U.S. and the E.U.. Compared with private remedy, such as making license and using technological protection measures, anti- circumvention rules will bring more widespread influence and probably rebuild the new benefit rules in copyright system. The theory of anti- circumvention legislation has been far away from the principle of traditional copyright since its emergence, which means there is no much experience that merits attention by current copyright system, even anti- circumvention rules in various countries no doubt provides legal support and so-called ＂lawful basis＂ for creators＇ rights expanding. The methodology research.     

Limitation of religious freedom to conform to the standards of an open and democratic society

One has freedom of religion, not freedom from religion. This claim is common, but it rests on a misunderstanding of what real freedom of religion entails. The most important thing to remember is that freedom of religion, if it is going to apply to everyone, also requires freedom from religion. Why is that？ One does not truly have the freedom to practice one＇s religious belief if one is not also required to adhere to any of the religious beliefs or rules of other religious. Freedom from religion does not mean, as some mistakenly seem to claim, being free from seeing religion in society. No one has the right not to see churches, religious expression, and other examples of religious belief in the nation, and those who advocate freedom of religion do not claim otherwise. What freedom from religion does mean, however, is the freedom from rules and dogmas of other people＇s religious beliefs so that people can be free to follow the demands of their own conscience, whether they take a religious form or not. Thus they have both freedom of religion and freedom from religion because they are two sides of the same coin.     

CONSTITUTIONAL CONVENTIONS IN CHINA

Chinese scholars have carried out studies on constitutional conventions from three perspectives. The first perspective is to study in general terrr~, that is, to touch upon this theme while studying the principles and basic theories of the Constitution. The second perspective is to study while researching comparative constitutions, especially the British Constitution. The third perspective is connected with studies on constitutional resources in China. Until now there is no monograph dedicated to this theme; it is mostly seen in academic papers, textbooks and works on basic theories. Traditional studies tend to be confined to e：,~emplifying constitutional conventions and approaching this theme from a mainly static perspective that emphasizes their form of expression of an unwritten Constitution and the complementary parts of a written Constitution. Relatively, studies on the manifestations, normative characteristics, origins and evolutionary rules, as well as those on the legal and social functions of constitutional conventions are weaker. This causes a lack of explanatory power with regard to all kinds of emerging constitutional conventions in the constitutional practice of different states. In recent years this picture has changed to some extent. Chinese scholars have begun to concentrate on the origins and evolutionary rules of constitutional conventions, trying to understand accurately its legal non＇nativity and political modesty, in order to get the essence of constitutional conventions. Main areas of study in this respect will be discussed below.     

PEACEKEEPING AND CONFLICT RESOLUTION IN DARFUR： A CRITICAL ANALYSIS OF UN-AU HYBRIDIZATION MECHANISM

The central thrust of the paper is to locate the appropriateness of peacekeeping in conflict resolution. Since 1948, peacekeeping operation has gained steady importance as a method to resolve both inter and intra state conflicts. In Darfur, since 2003 when the horrendous carnage first broke out resulting in killing of over 200,000 civilians and displacement of millions others,     

THE CONCEPTUAL BASIS OF PRIVACY STANDARDS IN CHINA AND ITS IMPLICATIONS FOR CHINA’S PRIVACY LAW

China has one of the longest histories of civilization in the world. In ancient China, civil disputes were solved by moral principles of Confucianism, called li (礼). Therefore, at the time of the emergence of li, privacy was indirectly protected to some extent. However, li also restrained the legal privacy protection at that time. Moreover, the substantial meaning of traditional protection for privacy is quite different from that in modern society. In consequence, it is difficult to postulate that there was legal protection for privacy in ancient China, though privacy had been indirectly protected by the theory of li. If the right to privacy is seen as a milestone in its evolution in modern society, the modern concept and protection of privacy emerged in China almost a century later than in some Western countries. 1 The first consideration for the protection of privacy in China was a judicial interpretation by the Supreme Court in 1988.2 Since then, China has been developing its own protection for privacy. This article is to explore privacy standards in both ancient and modern China with two main parts: (a) The first part discusses the privacy in ancient China, including traditional Chinese concepts of privacy, traditional Chinese protection for privacy, and its evaluation; (b) the second part examines the privacy standards and privacy protection in modern China.     

IDENTIFYING THE CHARACTER OF THE SEPARATE ACCOUNT OF THE INVESTMENT-LINKED INSURANCE PRODUCTS IN CHINA FROM THEORETICAL AND COMPARATIVE LAW PERSPECTIVES--A PERMANENT SOLUTION FOR ISSUES OF PRESENT LAWS AND REGULATIONS REGARDING THE ADMINISTRATION OF SUCH PRODUCTS

A brand new life insurance product, which is known as investment- linked insurance （ILl）, was first introduced in China in 2000 by the China Ping, an insurance company in Shanghai after the ILl was approved by the China Insurance Regulatory Commission （CIRC）. Due to the reduction of the interest rate on ordinary term deposits that began in 2000, ILI products spread quickly nationwide over a two-to-three year period. ILIs became popular with insurers, because they shift asset management risks to the insured and provide relief for the reverse spread problem facing the insurance companies. They became popular with insureds, because they offer an alternative to investments with a potentially higher yield. Although the market share of investment-linked insurance products in China has been noticeably increasing, laws and regulations regarding the administration of the ILI did not seem to correspond to the rapid growth of sales. In addition to the very limited number of articles in insurance law, the only two existing regulations that address the related supervisory issues are the ＂Tentative measures for the Administration of Investment-Linked Insurance＂ announced by the CIRC in 2000, and the ＂Measures Regulating the Information Disclosure of New Types of Insurance Products＂ enacted by the CIRC in 2009. Unfortunately, both Measures are inadequate to resolve complex supervisory problems such as asymmetry of information, suitability, or other standard settings for the conduct of ILl business. This paper argues that the root of their inadequacy lies in the failure of these measures to identify the character of the separate account in each ILl policy and its distinction from the life insurance policy to which it attaches. Without distinguishing the nature of the separate account from traditional ＂insurance ＂, it is virtually impossible to ascertain the category of the contract formed between each policyholder and insurer with respect to each such account and to determine which laws and regulations. On t     

REGULATING THE PROCUREMENT OF STATE ENTERPRISES IN CHINA: CURRENT STATUS AND FUTURE POLICY CONSIDERATIONS

While the procurement of state enterprises is one of the most contentious issues for China's GPA accession negotiation,the regulation on such procurement is also of concerns under domestic law.From the Chinese domestic perspective,this Article first analyses the extent to which the procurement of state enterprises is regulated by national,ministerial,as well as firm-level procurement rules.On that basis,the incentives for adopting a principled approach to regulating such procurement are explored,such as value for money,preventing corruption,and fighting against local protectionism.A brief suggestion is made regarding the consolidation of the exiting rules in the context of complicated underlying institutional framework.