共查询到20条相似文献,搜索用时 15 毫秒
1.
改革开放以来的法理学在研究与教学上在一定程度上与中国模式之间存在着一种张力,其表征是:法理学之西方知识与中国模式之东方经验的悖论、法理学之"权利本位"与中国模式之"发展""稳定"目标的悖论、法理学之法律自由价值优先与中国模式之法律秩序价值优先的悖论、法理学之以"个人"为本的法律观与中国模式之以"人民"为本的法律观的悖论。如何认识与看待这些悖论,是当下法理学发展的新课题。 相似文献
2.
《法学杂志》2012,33(8)
“区域”开发对国家具有重要的战略意义,但我国缺乏调整“区域”开发的国内立法。法律的缺失于我国“区域”开发的发展不利,也无助于我国在国际海底管理局及有关规章的制定中发挥更大作用,更有可能引发国家责任。以《联合国海洋法公约》为主体的“区域”法律制度,为我国“区域”开发立法提供了法律依据,也为我国“区域”开发立法应遵循的原则提供了指引。采用专门立法来调整“区域”内的活动是国际上通行的模式,也更加符合我国的实际情况,因而应为我国所采纳,以推动我国履行该《公约》赋予的义务,提升我国在“区域”国际法规则制定中的话语权,规范我国在“区域”内的活动,维护与拓展我国在“区域”的利益。 相似文献
3.
4.
5.
6.
7.
The Evolution of the CPC’s Conception of Association and Regulation of Social Organizations in China
Jun Yu Henry Hailong Jia Danqiu Lin 《International Journal for the Semiotics of Law》2018,31(4):929-955
Freedom of association and all institutions coming with it have not been accepted by the Chinese government. Instead, Chinese social organization administration is based upon the concept of association held by the Communist Party of China (CPC). The Chinese government had adopted a “total control” model of social organization administration in the era of totalitarianism before the “Opening-up and Reform”, leaving almost no room for social organizations to survive, because the CPC had regarded social organizations as “revolutionary” and “deconstructive”. The Chinese has adopted a graduated control system to administrate social organizations in the era of authoritarianism after the “Opening-up and Reform”, treating social organizations differently according to their threats to the ruling order and their utilities for economic development, because the CPC has viewed social organizations as a “challenging” but “auxiliary” power. The on-going “innovation of registration and administration of social organizations” is not a return to international standard regarding social organization administration in China, but only partial reform of the graduate control system still based upon the CPC’s conception of association as “challenging” but “auxiliary”. Social organizations capable of providing public goods in areas of economic development and social services are given more favorable treatment by the government while political and religious organizations are still tightly controlled by the government. 相似文献
8.
《中国法律》2009,(3):106-108
(Continued)(I) Concepts Legal professions can be divided into those in the broad sense and those in the narrow sense. Legal professions in the narrow sense refer to the professions of adjudication, prosecution, lawyering and so on, with the obtainment of a Certificate of the Legal Profession Qualifications after passing the National Judicial Examination as the basic premise for taking a legal profession. In comparison, legal professions in the broad sense refer to all social professions with legal work as the core, 相似文献
9.
Lower labor costs and realization of profits have been key components in the expansion of the global market. As we continue to witness the prolific liberalization of the global market, it is essential that we remember the importance of human capital. Workers play a paramount role in the realization of continued and sustained global market growth. Paradoxically, sustained growth in the global market is also fueled by the absence of workers' rights and the resulting reduction of labor costs. Thus, multi-national companies and workers employed by multi-national companies, have encountered a seeming contradiction of workplace realities. From a capitalistic economic perspective, it is necessary for multi-national companies to compete for market share and realize profits. However, in order to promote social harmony and ensure against large-scale social unrest, workers must be given basic rights ensuring economic security and workplace justice. China has enacted the Labor Contract Law to address challenges surrounding these issues. This paper will discuss the efficacy of China's embracing the rule of law so as to effectively enforce the Labor Contract Law. The paper will also give an overview of the concepts forming the foundation of the rule of law. Further, the paper will offer a brief comparative analysis of the United States' use of the rule of law in relation to resolving post-slavery labor issues. Finally, the paper will recommend a model system for use by China in enforcing the Labor Contract Law. 相似文献
10.
11.
12.
13.
《法学杂志》2012,33(4)
法律文化的概念外延包括了规范制度形态、意识观念形态、实践活动形态的法律文化。法律体系问题主要属于规范制度形态的法律文化,而法系的问题主要属于意识观念形态和实践活动形态的法律文化。由于实行“一国两制”,在“两岸三地”即中国大陆、香港、澳门和台湾存在着多种法律体系与法系,这是“中国特色”的体现。中国特色社会主义法律体系形成之后,我们还可以在“一国两制”的视野下,继续探讨法律文化的同一性与多样性问题,对中西方法律文化中蕴藏的优秀精神——对法治的崇尚和对统治的信念,通过实践不断地选择,融化成一种崭新的、先进的法律文化体系,将法治精神与民族精神融为一体,建成法治国家。 相似文献
14.
GUO Dao-hui 《河北法学》2012,30(8)
我国法治建设虽然经历了风风雨雨的曲折和披荆斩棘的艰难,但总体上廓清了法治天空中的许多迷雾,促使中国开始迈入法治初级阶段.1982宪法在恢复和加强民主法治方面有较大的进步,也存在诸多不足.当前的法治状况还有后退之忧.今后法治建设的目标应当由依法治国上升到依宪治国,建设宪政国家.法治改革的动力主要是来自民间的维权活动和公民社会的发展,与党政内部改革派力量结合,上下互动,政治改革与法治进步才有希望. 相似文献
15.
16.
Hlako CHOMA 《美中法律评论》2009,6(1):14-23
The constitution is a living document, which being the case, there is a need to increase the understanding of the constitution through systematic research and teaching at various levels. This paper aims to be a catalyst that inspires creative action to claim and advance certain new constitutional rights encapsulated in various world's constitutions. It seeks to raise awareness of new constitutional rights. World's most constitutions have incorporated constitutional provisions that ensure the entrenched new fundamental human rights. The latest constitutions, including South African constitution of 1996 are advanced and have included significant number of rights which were left out in the old constitutions. The courts are given the widest possible powers to develop and forge new remedies for protection of constitutional rights and the enforcement of constitutional duties. 相似文献
17.
Social Justice Research - 相似文献
18.
19.
LIN Chun-hung 《美中法律评论》2009,6(6):13-24,54
After 1960s, the economic developmental explosion in Taiwan had brought serious environmental degradations including the air and water pollution, waste disposal, as well as wildlife problems. Since then, Taiwanese has begun environmental protection movements striving for "environmental rights". In addition, international environmental agreements have grown with great speed in the past decades. Although Taiwan never signed or joined any international environmental agreements or organizations, the development of international environmental laws still deeply affect Taiwan environmental regulations. Under this global trend, Taiwan has to cooperate with international community and to obey international environmental agreements. Thus Taiwan had passed numerous environmental laws including "Air Pollution Control Act," "Water Pollution Control Act," "Noise Control Act," "Waste Management Act," "Toxic Chemicals Management Act," "Wildlife Protection Act," and "Nuisance Dispute Resolution Act." Thus the article will examine Taiwan's environmental administration, regulations as well as the implication under international agreements. 相似文献