BRIEF VIEW ON THE STANDARDIZED TRAINING OF LEGAL PRACTICE SKILLS

Because of the massive expansion in enrollment, the number of graduates from law schools across the country is unprecedented, but the rate of unemployment is also unprecedented in comparison with the graduation. In stark contrast, many employees are finding it difficult to find graduates of talent fitting directly to working requirements. The traditional mode of education is to cultivate students with legal research abilities, but the main social need calls for graduates who are prepared to practice, which has caused the low employment. As a result, the graduates’ failure to meet the social demand caused serious imbalance between supply and demand. The characteristic of legal practice skills is to solve practical problems through the practice of adapting legal knowledge, but practical skill training in law school education now is basically nonexistent. The training of legal practice skills must be conducted through aspects of course design, and therefore teaching methods necessitate comprehensive reformation. The practice skills of the legal profession, such as basic literacy, basic skills, and work skills, are indispensable to the education of students. Educating them to attain these skills will aid them directly in practical work after graduation, improve their work quality and employment rate, and consequently improve the whole overall quality of the legal profession.     

CONSTRUCTION OF A GOVERNMENT UNDER THE RULE OF LAW — AN OVERVIEW OF REPORT ON CHINA LAW DEVELOPMENT 2014: CONSTRUCTION OF LEGAL GOVERNMENT

At the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China (CPC), the Decision of the Central Committee of the CPC on Some Major Issues concerning Deepening the Rule of Law 2014 was passed and delineated the direction for the research of our nation’s construction of a government under the rule of law. For years, the government at various levels and administrative agencies adhered to conducting work on the legal course under the CPC’s leadership, actively promoting administration according to law, and constructing a government under the rule of law, and have made enormous achievements. However, there many difficulties still co-exist, along with challenges and opportunities. By adopting theoretical and empirical research approaches such as data analysis, normative analysis, interviews and investigations, questionnaires, counter-measure research, and case studies, this article discusses and conducted systematic and in-depth research on the theoretical framework of the construction of a government under the rule of law from macroscopic, to microscopic aspects. This article outlined the basic contexts and realistic vision for China’s construction of a government under the rule of law, which can provide active implementation of the project of construction of government under the rule of law with a basis in theoretical reference.     

THE MAINLAND OF CHINA’S PARTY DISCIPLINE INSPECTION COMMISSIONS: ANOTHER TYPE OF THE SPECIALIZED-ANTICORRUPTION-COMMISSION MODEL?

Given the comprehensive reforms of and the temporary good scores achieved by the Commissions of Party Discipline Inspection (CDIs), it is important to understand these reforms to answer how long this anticorruption movement could last and whether it could finally succeed. Targeted at the CDIs’ historical problems and the adapting problems of the specialized-anticorruption-commission model (SAC), this article is composed of five parts, including: the historical non-specialized mission and the structural three-transform reform of the CDIs; the historical non-independence of the CDIs within the dual leadership framework, and its recent reforms; a new understanding of the sufficiency of the CDIs’ capacity compared with China’s Hong Kong’s ICAC, a successful example of the SAC, to overcome the distance problem in adapting the SAC; recent reforms on the accountability and disclosures of the CDIs to overcome the time consistency problem; and the conclusions for current achievements, with brief discussions of recent anticorruption strategies and the limitations or unresolved issues, and the lessons to adapt the SAC.     

THE RIGHT TO EMPLOYMENT SECURITY IN CHINESE LABOR LAW：LATEST DEVELOPMENTS IN LIGHT OF INTERNATIONAL LAW

Employment security is very often examined from a labor law rather than a human rights perspective. This article looks at the employment security in Chinese labor law from a human rights perspective. The right to employment security includes both negative and positive aspects: a negative right to protection against unfair dismissal, including dismissal for cause and economic redundancy, and a positive right to employment stability. Comparing Chinese labor law with international standards, this article focuses on analyzing important changes in the legislative developments in China in the past years, such as severance pay, labor contract with indefinite duration, and labor dispatching. This article also points out the main deficiencies, such as dismissal on the ground of criminal liabilities, weakness of trade unions and law enforcement, and no exemption of small employers. The article concludes with observing a tendency of Chinese law getting closer to international standards and pointing out the approach China should follow: to enhance employability through vocational training and providing better social security when strengthening the legislative protection of employment security.     

参与式民主与中国式民主理论的探索

参与式民主理论被视为探索中国式民主理论的重要途径之一。文章深入解读参与式民主理论,全面评析其理论价值和实践意义,分析其在中国民主化实践中的具体运用。对参与式民主理论的探讨有助于从中国实际出发,破除＂路径锁定＂的思维模式,探索中国式民主理论的可行性。     

六合彩活动的犯罪学分析

闽南乡村地区是六合彩比较盛行的地方,这种聚众性的赌博活动给乡村社会带来很大的危害性。学界和国家政府应对此予以高度重视,并在预防和控制这类犯罪方面采取科学的对策。     

转制与应对——论我国不动产登记瑕疵救济模式的结构性变革

瑕疵救济是不动产登记制度的重要组成部分,其具体设计直接取决于对不动产登记行为性质的理论界定。基于理论界将不动产登记与一般行政管理行为相等同的基本认识,我国不动产登记瑕疵救济顺理成章采取了行政程序与行政诉讼救济。但行政程序无法实现对公信力阻却的救济目标,行政诉讼并不具备普遍纠错功能。基于不动产登记行为的复合性质,我国登记瑕疵救济应将既有的行政程序模式转制为异议登记和更正登记制度,作为应对,我国应把不动产登记行为从行政诉讼受案范围中排除,采取不动产登记瑕疵救济的一元模式。