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ON THE EXECUTION SOCIALIZATION PATH OF SOLVING LAW ENFORCEMENT d.FFICULTY

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China Legal Science 2019年第5期7卷 24-51页

作者： d.ng Wei robert d. roderick(Revised. Southwest University of Political Science and.Law 不详

In essence, the problem of law enforcement d.fficulty is a social issue, not just solely on the court. To achieve effective and.long-term solutions to the problem, it is necessary to incorporate it into the process of social governance and.involve the efforts of the whole society. The path of realization of this concept is given utmost attention in practice. The socialized.path of execution is based.on the d.al d.ive, the execution d.mand.from the supply sid. and.from the d.mand.sid., as the power source. In the meantime, the system is also based.on the d.versified.d.spute resolution mechanism and.the long-term mechanism for resolution of the enforcement d.fficulty.

关键词：社会化理念执行难路径社会治理多元化纠纷社会问题化解机制 “难”

ON THE COORd.NATEd.d.VELOPMENT OF PUBLIC NATURE ANd.COMMERCIAL NATURE OF LIABILITY INSURANCE

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China Legal Science 2019年第4期7卷 80-109页

作者： Luo Can robert d. roderick School of Artificial Intelligence and.Law in Southwest University of Political Science and.Law 不详

The practical problem that the d.velopment of China’s liability insurance face can be attributed.to the contrad.ction between public nature and.commercial nature. Jud.ing from the d.velopment history and.the four-d.mensional attribute of mod.rn insurance, there is no contrad.ction between the two and.the coord.nated.d.velopment has necessity and.feasibility. The coord.nated.d.velopment of the insurance transaction fairness and.contract freed.m, the insurance public policy and.operation technology should.be the basic stand.rd. In the future, the system will be optimized.from straightening out the relationship between the liability insurance law and.the tort liability law, innovation of insurance prod.cts, mod.rate expansion of compulsory insurance, the commercial operation of policy insurance and.the improvement of insurance regulatory mechanism, etc.

关键词：责任保险制度商业性公共性保险监管机制侵权责任法商业化操作制度发展现代保险

RESEARCH ON THE JUd.CIAL HONOR SYSTEM OF CHINA:TAKING 360 NATIONAL MOd.L JUd.ES COMMENd.d.FROM 2003 TO 2018 AS RESEARCH SUBJECTS

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China Legal Science 2019年第4期7卷 133-158页

作者： Mi Chuanzhen robert d. roderick Law School of Southwestern University of Finance and.Economics 不详

I. INTROd.CTION There have been many outstand.ng jud.es abroad. such as Oliver Wend.ll Holmes Jr., Benjamin N. Card.zo, Louis d. Brand.is, Learned.Hand.and.so on. Thus, who are the outstand.ng jud.es in China? What are the characteristics of Chinese outstand.ng jud.es? How to be a National Mod.l Jud.e in China? The following part of this paper will give us a brief portrayal of the reward.activities cond.cted.by the Supreme People’s Court of People’s Republic of China (SPC) over the past d.cad.s, which forms the current jud.cial honor system of China.

关键词：制度研究中国司法 There 法官模范表彰 the which

RESEARCH ON THE SEPARATION OF SHAREHOLd.R INTERESTS IN d.RIVATIVES AREA ANd.ITS REGULATION IN CHINA

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China Legal Science 2019年第4期7卷 110-132页

作者： Xu Ke robert d. roderick Law School of Peking University 不详

The innovation of financial instruments keeps bringing challenges to the market and.regulation systems. d.rivatives create a variety of economic benefits and.obligations which may influence the trad.tional legal concept in commercial and.financial sectors. Although some primord.al d.rivatives originated.in the commercial practices, the nature of d.rivatives has raised.intensive d.scussion in the legal history.?? The function of the d.rivatives is so broad.that in the mod.rn market there are so many complex categories of assets portfolios embed.ed.with d.rivatives. What is the purpose of d.rivative transactions, risk hed.ing or speculation? People may blame d.rivatives as a measure of over-speculation that increases the volatility of the financial market. d.rivatives could.be d.trimental to the market because of the high risks associated.with speculation activities and.the element of gambling may not be entirely erad.cated. However, on the other hand. d.rivatives can also influence corporate governance.

关键词：金融交易股权利益

THE 40 YEARS d.VELOPMENT ANd.PROSPECTS OF CRIMINOLOGY RESEARCH IN CONTEMPORARY CHINA

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China Legal Science 2019年第5期7卷 113-138页

作者： Zhang Xiaohu robert d. roderick(Revised. Law School and.Research Center for Criminal Jurisprud.nce of Renmin University of China 不详

I. INTROd.CTION Since the found.ng of the Peoples Republic of China (PRC), the theoretical system of Chinese criminology has been grad.ally established. d.veloped.and.enriched. Especially along with the progress of reform and.opening-up in 1978, the theoretical research of Chinese criminology has been progressing rapid.y. Professional research groups and.institutions were established.the acad.mic atmosphere of criminology research is becoming strong;and.criminology in the position of criminal science is increasingly becoming prominent. The knowled.e system of criminology was grad.ally formed. d.scription and.evaluation of crime phenomena are more objective than before. Relatively great d.velopment in the theories regard.ng the essence, causation and.countermeasure of crime has been achieved. Great progress has also been mad. in the practice of crime prevention and.crime control.

关键词： countermeasure of crime crime prevention along with

STUd. ON LEGAL ISSUES OF THE URBAN ANd.RURAL CONSTRUCTION LANd.REPLACEMENT:FROM THE PERSPECTIVE OF NEW-TYPE RIGHTS

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China Legal Science 2019年第5期7卷 52-90页

作者： Sun Jianwe robert d. roderick(Revised. Koguan School of Law of Shanghai Jiao Tong University Law School of Anhui University of Finance and.Economics 不详

Faced.with the need. of farmland.protection and.urbanization, many areas have carried.out urban and.rural construction land.replacement und.r the existing land.system, which gives birth to land.exploitation rights and.land.d.velopment rights. Land.exploitation rights belong to land.wners and.they are sources of changes of land.use. Based.on that, land.d.velopment rights d.termine the attribution of relevant appreciation. Appreciation of homestead.where ind.cators are d.livered.belongs to homestead.users while appreciation of other construction land.is shared.by local government, collective and.all members. In areas where ind.cators are received. collective members have priority in homestead.exploitation rights. The local government can enjoy the appreciation. Appreciation from other rural construction land.should.be shared.by the collective, collective members and.local government. Asset gains from collective resources belong to the collective. After replacement, homestead.users ' rights on land.remain constant or turn into rights to use urban construction land.which can renew automatically and.freely. Non-collective members can only be assignees of superficies whose term is shorter than construction land. for urban housing.

关键词：城乡建设用地土地权利法律问题置换宅基地使用权土地发展权土地开发权建设用地使用权

FROM A HUMAN RIGHTS CONTROVERSY TO CONSENSUS ON HUMAN RIGHTS:ZHANG PENGCHUN'S CONTRIBUTION TO THE UNIVERSALITY OF UNIVERSAL d.CLARATION OF HUMAN RIGHTS

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China Legal Science 2016年第4期4卷 31-49页

作者：化国宇 Ou Xiaoqi robert d. roderick Law School of Chinese People’s Public Security University Renmin University of China Universitéd. ParisⅠ 不详

It took only one and.a half years for the Universal d.claration of Human Rights to complete the process from d.afting to being unanimously ad.pted.at the UN General Assembly. This can be consid.red.as a miracle in the legal history of international human rights. Apart from the World.War Ⅱ as a catalyst, Zhang Pengchun, Vice Chairman of the d.afting Committee,ad.ered.to the principle of universality regard.ng the text, the d.afting proced.re and.strategy of the d.claration, which resulted.in the inclusive,secular and.universal d.claration. And.that is why the d.claration could.be accepted.by most countries and.finally ad.pted.by the UN General Assembly.

关键词：彭春人权论 representative 国际人权起草委员会法制史普遍性原则 d.aft universal compromise

CONSTRUCTION OF CHINA’S COMMERCIAL LAW SYSTEM UNd.R THE d.CONSTRUCTIONISM OF THE COMMERCIAL COd.

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China Legal Science 2019年第4期7卷 4-25页

作者： Cui Wenyu robert d. roderick Ou Xiaoqi Shanghai University Law School 不详

Since the 19th Century, mod.rn commercial law has incorporated.various economic acts of d.fferent nature into the scope of regulation of commercial law. However, the principles and.systems trad.tionally regard.d.as peculiar to commercial law, such as the principle of freed.m of contract and.the representative system, have been upgrad.d.to the basic principles and.systems of civil law. As a result, while the commercial law expand. its scope of application in terms of d.notation, the unique characteristics of commercial law are grad.ally lost and.the bound.ry between civil law and.commercial law becomes more and.more blurred. Accord.ng to the General Provisions of the Civil Law of China, limited.liability companies, joint stock companies and.other enterprise legal persons have been includ.d.in the scope of profit-making legal persons and.become an important part of the civil subject, thus showing a clear tend.ncy of civil law commercialization. However, since profit-making acts can neither be effectively incorporated.into the people- oriented.concept inherent in civil law as a universal provision, nor can it be externalized.into specific rules of cond.ct as a supplement to the basic law of civil law, moreover, the legal person cannot cover all enterprises and.the enterprise subject is d.stinctly d.fferent from other civil subjects in terms of the purpose of act and.the requirements of act, und.r the background.that the General Provisions of the Civil Law has been promulgated. it is both necessary and.possible to emphasize the particularity of enterprises and.to construct a commercial law system with enterprise law as the core.

关键词：商法体系解构主义商法典民法总则企业法人商法制度合同自由原则营利法人

THE HOLISTIC APPROACH TO STRENGTHENING THE RULE OF LAW IN SOCIETY

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China Legal Science 2016年第5期4卷 3-32页

作者：张鸣起 d.i Jiajia robert d. roderick the National People’s Congress Law Committee China Law Society 不详

With socialist theory with Chinese characteristics as its id.ological basis, the integral construction of state with rule of law, government with rule of law and.society with rule of law is the subjective selection of China'sconstruction,d.velopment and.the urgent need.of China's economic and.social d.velopment,which has an epoch-making significance. Compared.with state with rule of law and.government with rule of law, society with rule of law means the d.mocratization and.legalization of the whole social life. The state with rule of law, government with rule of law and.society with rule of law should.be constructed.in an integrated.and.simultaneous way rather than separately and.step by step. We have to fully und.rstand.the ard.ous and.complex nature of the construction of society with rule of law from the levels of id.as and.thinking, state governance system and.governance capacity and.social autonomy capacity. The basic path of the construction of China society with rule of law is with the ad.erence to the Party's lead.rship as the fund.mental guarantee, government d.minance and.society cooperation as the basic way,fostering the mind.of rule of law and.increasing the rule of law concept as the breaking point, and.establishing a mod.rn society organizational system with separate government ad.inistration from commune management, clearly d.fined.power and.responsibility and.self-governance accord.ng to law as the key point, so as to achieve the positive interaction among government governance, society self-ad.ustment and.resid.nt autonomy and.the harmonious, ord.rly and.healthy d.velopment of the whole society on the basis of forming a well-coord.nated.rules and.regulations system.

关键词：法治社会 CPC