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JUDICIAL ACTIVISM IN CHINA:A STUDY ON STANDING EVOLVEMENT IN ENVIRONMENTAL LITIGATIONS

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China Legal Science 2017年第1期5卷 4-30页

作者：刘筱娟 Research center for administrative reform and government organizational law of China University of Political Science and law

In the legal context of China, Standing is a prerequisite for litigation. This stems from the empowerment by state legislation. Until 2012, no one was allowed to sue for public interest. However, as a matter of fact, the field of environmental litigation is taking the lead in breaking the strict standing standards in recent years. A variety of new plaintiffs have been evolving with citizens, social organizations, administrative agencies and procurators representing the public interest at all levels of the case. There is a very interesting phenomenon during this process in modern legal history-judicial activism. And this paper focuses on the impact of administration, justice, and legislation on the evolution. Through the empirical research on official documents, landmark cases, laws and regulations, it combines with China＇s unique political culture, ecology and legal practice during the transition period, highlights the judicial activism in the process, and analyzes the possible impact of bureaucracy on judicial activism. This paper also attempts to explain the space, desires and trends for judicial activism from the perspective of China＇s history and tradition. In the end, it comes to the conclusion that ＂the rule of law＂ is an inevitable road in contemporary China.

关键词：环境公益诉讼司法能动中国历史原告资格提起诉讼行政机关当代中国法律语境

40 YEARS OF THE RULE OF administrative law:ENHANCEMENTS, EXPERIENCE,AND EXPECTATIONS

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Frontiers of law in China-Selected Publications from Chinese Universities 2018年第4期13卷 497-537页

作者： MA Huaide KONG Xiangwen School of law China University of Political Science and LawBeijing China School of law-Based government China University of Political Science and LawBeijing 100088China School of law University of International Business and EconomicsBeijing 100029China

Based on major landmark events and the rule of law development, the administrative rule-of-law construction in China, over 40 years since the initiation of the reform and opening up policy, can be divided into four stages: the “recovery” stage; the “rapid development by focusing on administrative legislation” stage; the “implementing the basic policy of law-based governance of the country and focusing on law-based administration of government” stage; and the “simultaneous advancement and integrated construction in building the rule of law in China” stage. Over the past 40 years, China’s administrative rule-of-law construction has achieved fruitful results in terms of theoretical shaping, system construction, and concept popularization. The future construction of the administrative rule of law should promptly respond to the theoretical needs put forward by state governance, administrative changes, emerging science, and technology development, and it should continue to improve the theoretical system of administrative law with Chinese characteristics; we should strengthen legislation in key areas, solve practical problems in the construction of a government under the rule of law, and promote the effect of law enforcement and system implementation. We should also focus on improving the awareness and qualities of the rule of law at all levels of leading cadres and form a good rule of law atmosphere in the entire society.

关键词： rule of administrative law law-based administration of government strengthening the rule of law in government 40 years of reform and opening up

Letters and Visits System Optimization and Implementation

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Journal of Software Engineering and Applications 2024年第9期17卷 731-739页

作者： Mu Tao Xi Chen Dan Qian Information center Department of Natural Resources of Sichuan Province Chengdu China

The letters and visits system plays a vital role in government work, serving as a crucial tool for supervising law enforcement and administrative conduct, ensuring public officials’ integrity, and promoting governance by law. As Chinese citizens’ political awareness grows, the volume of letters and visits has increased steadily. This paper reviews the current state of letters and visits information construction, identifies challenges and problems in system integration, presents integration ideas for existing systems, and proposes an innovative approach to letters and visits system integration. This research aims to provide valuable insights and guidance for other units undertaking similar system integration efforts.

关键词： Letters and Visits Informatization System Integration

The Contribution, Experience and Risk Control of Social Organizations’ Participation in Global Human Rights Governance

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维普期刊数据库

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The Journal of Human Rights 2020年第1期19卷 61-75页

作者：刘红春 law School Yunnan University Human Rights law Research center Yunnan University

As the"third sector",social organizations are increasingly involved in human rights affairs in the era of governance through *** play an important role in the construction of a human rights community with the core of"common human values",and together with the government and other relevant subjects,they become the guarantors of human *** sorting out the main contributions of social organizations and successful experiences participating in human rights governance,it can be seen that they timely support relevant policies and laws and the participation through certain modes are successful experiences of social organizations in participating in human rights *** the guarantee of the mechanism of effectiveness and risk control along the whole chain before,during and after the process,these contributions and experience will provide better Chinese experience and Chinese programs to promote global human rights governance and the progress of human rights cause in the world.

关键词： social organizations go global human rights governance common values of human a Community with a Shared Future for Human Beings

On the Criminal Protection of the Right to Education of Chinese Citizens——With a Review on Article 32 of the Amendment to the Criminal law(Ⅺ)

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The Journal of Human Rights 2021年第1期20卷 80-94页

作者：贾健余燕娟 XU Chao the School of law Southwest University of Political Science and Law Juvenile Delinquency Research center Southwest University of Political Science and Law 不详

The Amendment(Ⅺ)to the Criminal law of the People’s Republic of China responds to the institutional needs of civic education,and supplements the clause of the Criminal law on protection of citizens’right to education nuy means of Article *** legal responsibility in the form of internal punishments,administrative punishments,and economic compensation have failed to prevent infringements on citizens’right to *** role as a"secondary protection law"is the conceptual obstacle that hinders the Criminal law from effectively intervening in the field of citizens’right to *** equivalence between the legal interests of people to the right to education and the rights protected by the existing charges in the Criminal law is the legitimate basis for it to intervene in disputes over the right to *** on Article 32 of the Amendment(Ⅺ)to the Criminal law of the People’s Republic of China,it is suggested to further clarify the prepositional law,improve the liability provisions for the right to education,change the modest and restrained view of the Criminal law regarding protection of the right to education,and expand the behavior types of Article 32 provided in the Amendment(Ⅺ)in due time.

关键词： the right to education functional improvement the secondary protection of criminal law the positive view of criminal law reform path

China's policy framework for carbon capture,utilization and storage:Review,analysis,and outlook

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Frontiers in Energy 2023年第3期17卷 400-411页

作者： Qiao MA Shan WANG Yan FU Wenlong ZHOU Mingwei SHI Xueting PENG Haodong LV Weichen ZHAO Xian ZHANG National Engineering Laboratory for Reducing Emissions from Coal Combustion Engineering Research Center of Environmental Thermal Technology of the Ministry of EducationShandong Key Laboratory of Energy Carbon Reduction and Resource UtilizationSchool of Energy and Power EngineeringShandong UniversityJinan 250061China The administrative center for China's Agenda 21 Beijing 100038China center for Sustainable Development and Energy Policy Research School of Energy and Mining EngineeringChina University of Mining and Technology(Beijing)Beijing 100083China The Bartlett School of Sustainable Construction University College LondonLondon WC1E 7HBUK

Carbon capture,utilization,and storage(CCUS)is estimated to contribute substantial CO_(2)emission reduction to carbon neutrality in *** is yet a large gap between such enormous demand and the current capacity,and thus a sound enabling environment with sufficient policy support is imperative for CCUS *** study reviewed 59 CCUS-related policy documents issued by the Chinese government as of July 2022,and found that a supporting policy framework for CCUS is taking embryonic form in *** than ten departments of the central government have involved CCUS in their policies,of which the State Council,the National Development and reform Commission(NDRC),the Ministry of Science and Technology(MOST),and the Ministry of Ecological Environment(MEE)have given the greatest attention with different *** policy terms are further analyzed following the method of content analysis and categorized into supply-,environment-and demand-type *** results indicate that supply-type policies are unbalanced in policy objectives,as policy terms on technology research and demonstration greatly outnumber those on other objectives,and the attention to weak links and industrial sectors is far from ***-type policies,especially legislations,standards,and incentives,are inadequate in pertinence and ***-type policies are absent in the current policy system but is essential to drive the demand for the CCUS technology in domestic and foreign *** meet the reduction demand of China's carbon neutral goal,policies need to be tailored according to needs of each specific technology and implemented in an orderly manner with well-balanced use on multiple objectives.

关键词： carbon capture utilization and storage(CCUS) policy content analysis China

China＇s High-Speed Railway Industry and Applicability of the Anti-Monopoly law

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China Economist 2016年第5期11卷 72-82页

作者：于立徐志伟徐洪海 center for Economic Analysis of law and Policy Evaluation Tianjin University of Finance and Economics Tianjin China

China＇s high-speed railway industry achieved dazzling development over the years, but not much research has been devoted to this industry from the perspeetive of competition policy. This paper focuses on the industrial organization of China＇s high-speed railway industry and the applicability of the Anti-Monopoly law. We intend to answer the following questions：（l） Why is the high-speed railway industry not an industry of natural monopoly？ Which segments of the industry have elements of natural monopoly？（2） At the level of corporate organization, what is the legal and economic rationale behind the patterns of China＇s high-speed railway undertakings evolving from government-affiliated enterprises to special legal person enterprises and then shareholding companies？（3） The applicability of the Anti-Monopoly law to the high-speed railway industry. Our conclusions from the perspective of competition policy are worth referencing for similar industries such as electric power, telecommunications, and water and gas supply.

关键词： high-speed railway industry industrial organization special legal person enterprise applicability of the Anti-Monopoly law

Public Satisfaction Measurement Model of Service-oriented government and Empirical Research

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Public Satisfaction Measurement Model of Service-oriented Go...

Forty Years' Construction of Rule of law and the Legalization of Human Rights Protection in China

2009年公共管理国际会议（第五届）

作者： SHENG Ming-ke Public Administration School & Hunan Provincial government Performance Evaluation Research center Xiangtan University

The construction of a service-oriented government is the basic objective and direction in pushing forward China’s reform of the administrative system. Building a service-oriented government needs to build a scientific and rational performance evaluation system, to strengthen its functions, improve people’s livelihood and performance evaluation of the provision of public services, to strengthen the effectiveness of evaluation and monitoring on its self-construction, internal management, learning and development. In accordance with international practice and combined with China’s reality, to build a kind of public satisfaction with government services index (PSGSI) measurement model service-oriented and with Chinese characteristics, it has great significance and value for pushing forward China’s the public satisfaction measurement on public services and government performance evaluation practice.

关键词： Service-oriented government government performance evaluation Public satisfaction

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The Journal of Human Rights 2018年第2期17卷 202-222页

作者：常健 NI Weisi(译) the Research center for Human Rights at Nankai University(National Human Rights Education and Training Base) Zhou Enlai School of government Nankai University 不详

A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand, individual rights must be protected by law On the other hand, a law-based society needs to be built so the boundaries of individual rights are clear, the exercising of those rights are regulated, conflicts between rights can be resolved through the courts, and the personal infringement of others’ rights and the overall interests of the society is prohibited by law During the 40 years of China’s ref orm and opening-up in China, the promotion of the legal protection of human rights mainly lies in three aspects: first, the important role of the rule of law plays in protecting human rights has been clarified; second, the four steps of the rule of law(scientific legislation, strict law enforcement, judicial justice and observance of the law by all Chinese citizens) have been strengthened to safeguard human rights fully and effectively; third, the Chinese human rights system under the rule of law has gradually been aligned with international norms.

关键词： construction of rule of law human rights protection reform and opening up legalization