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The Significance of Administrative License in Civil law

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Social Sciences in China 2022年第1期43卷 53-69页

作者： Wang Yi 张美常 school of law Renmin University of China the school of Foreign Studies China University of Political Science and Law

Administrative license is closely related to validity judgments on civil juristic acts. In terms of civil law, an administrative organ, under administrative license, allows citizens, legal persons or other organizations to engage in specific activities. Some of these activities fall under approved factual acts;some are approved civil juristic acts;and some depend on the particular situation, sometimes belonging to factual acts, sometimes to civil juristic acts. Correspondingly, some provisions for administrative license found in law or administrative regulations are mandatory provisions falling under simple norms;some are mandatory provisions falling under complex norms;and some depend on the particular situation, sometimes belonging to the former and sometimes to the latter. Where a party intends to rule out the application of such mandatory provisions by virtue of agreement on the intent of the civil juristic act, Article 153(2) of the Civil Code of the People’s Republic of China shall be cited to hold that the agreement is absolutely invalid. Where the civil juristic act of a party violates mandatory provisions falling under complex norms, Article 153(1) of the Civil Code of the People’s Republic of China shall be invoked to judge its validity.

关键词： administrative license factual acts civil juristic acts simple norms complex norms mandatory provisions

The Development of China's intellectual property law over the Past Forty Years of Reform and Opening Up

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Contemporary Social Sciences 2018年第5期3卷 95-117页

作者： Wu Handong Liu Xin Wu Lingwei Center for Studies of intellectual property Rights Zhongnan University of Economics and Law

Over the past forty years of reform and opening-up,China has experienced vigorous development of intellectual property *** this period,it has successively enacted and promulgated a range of basic laws,among which are the Trademark law of the PRC,the Patent law of the PRC,the Copyright law of the PRC and the AntiUnfair Competition law of the PRC; and many other related laws and regulations,such as the Regulations of the PRC on the Protection of New Varieties of Plants,Regulations on Protection of Integrated Circuit Layout Design and Provisions on the Protection of Geographical Indication *** this way,China has gradually established a relatively sound and complete intellectual property law *** the beginning of reform and opening-up,China's practice of intellectual property legislation has adhered to its institutional positioning of being subject to its civil law,safeguarding effective market competition and ensuring the implementation of national *** has followed the development rules of relying on scientific & technological progress,targeting economic and social development and adjusting public policies for guiding *** to this,China has formed multiple coordinating mechanisms to settle conflicts of interests between the protection of intellectual property rights(IPR) and the protection of basic human rights,public health,genetic resources,traditional knowledge,*** the future development of China's intellectual property law,a trend of codification will emerge,which will primarily "include intellectual property law in the civil code" or "enact an intellectual property code." The modernization of China's intellectual property law will be manifested in the changes of the defining standard of intellectual property Rights(IPR)subjects,the utilization patterns of IPR objects and the protection models of intellectual *** internationalization will center on creating a new order for international IPR protection.

关键词： Reform and opening-up intellectual property law codification modernization internationalization

The Government's Regulatory Obligations to Public Utilities Franchise

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Frontiers of law in China-Selected Publications from Chinese Universities 2019年第3期14卷 335-359页

作者： GAO Junjie school of law Peking UniversityBeijingChina school of law Shenzhen UniversityShenzhen 518060China

Under the public utilities franchise system,the executive branch may transfer the task of providing public utilities services for the common good to a private *** should undertake to regulate and prevent the private party from pursuing its own interests to the detriment of public interest while discharging its duty under the public utilities *** any public interest must be enjoyed by all individuals,we can say that the obligations owed under administrative regulations aim at the ultimate goal of increasing individual *** the public utilities franchise system,regulations of this kind can be divided into six different categories:maintaining and promoting necessary market competition,ensuring the continuity of public utilities services,ensuring non-discriminatory provision of public utilities services,ensuring the quality of public utilities services,ensuring reasonable charges for public utilities services,and ensuring the conservation of energy and protection of the environment while providing public utilities *** absence of governmental regulation of the provision of public utilities and of reforms in such services in China has harmed both public interest and the rights and interests of *** of the problems caused include chaotic market access for public utilities,no guarantee of the sustainability of public utilities,the failure of the universality of public utilities,declining quality of public utilities,sharp rise in the prices of public utilities,insufficient regulations on the conservation of energy and environmental protection,and so *** order to achieve the effective implementation of the administrative regulations and obligations therein with respect to public utilities and the maximization of public interest,the Chinese government should enhance its consciousness of regulating public utilities,improve the legal system to regulate public utilities,perfect the regulatory system for public utilities,and establish a

关键词： public utility franchise administrative regulation public interest publicprivate partnerships PPPs

How GLOBALIZATION INFLUENCES CORPORATE GOVERNANCE AND CORPORATE SOCIAL RESPONSIBILITY IN THE WORLD -- THE SECOND GENEVA-HARVARD-RENMIN-SYDNEY CONFERENCE ON CORPORATE GOVERNANCE AND CORPORATE SOCIAL RESPONSIBILITY （JULY 11--12, 2014）

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Frontiers of law in China-Selected Publications from Chinese Universities 2015年第1期10卷 202-208页

作者： GUO Rui Alejandro GARCIA JIMENEZ ZUO Zhenbin Harvard law school and Assistant Professor at School of Law Renmin University of China Beijing 100872 China. school of law Renmin University of China Beijing 100872 China. Undergraduate student in law at School of Law Renmin University of China Beijing 100872 China

In the age of globalization, national legislations on corporate governance and corporate social responsibility inevitably influence other parts of the world. This has been the dominant reason for many countries to adopt a comparative approach in legislations and judicial practices. In order to better understand globalization and develop a better approach to it from a comparative perspective, Renmin law school held a conference that gathered scholars from four prominent law schools, namely Geneva University law Faculty, Harvard law school, Renmin law school, and Sydney University law school, to exchange ideas on corporate governance and corporate social responsibility. As Vice President of Renmin University has said during the opening ceremony, this conference aims to provide the Chinese government and corporations with new ideas and inspirations by sharing the comparative studies of prominent scholars on corporate governance and corporate social responsibility.

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Agronomic and Economic Efficiency of Manure and Urea Fertilizers Use on Vertisols in Ethiopian Highlands

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Agricultural Sciences in China 2009年第3期8卷 352-360页

作者： Teklu Erkossa Hailemariam Teklewold International Water Management Institute school of Business Economics and Law University of Gothenburg

Soil fertility depletion is among the major impediments to sustained agricultural productivity especially in the less developed countries because of limited application of fertilizers. Soil fertility maintenance requires a balanced application of inorganic and organic nutrient sources. This study was conducted on a Vertisol in Ethiopia to determine the optimum farm yard manure （M） and nitrogen （N） application rates for maximum return under cereal-pulse-cereal rotation system. The main and interaction effects of M and N significantly affected biomass, grain and straw yields of wheat （Triticum durum） and tef （Eragrostis tear）, but the residual effect on chickpea （Cicer arietinum） was not significant. Application of 6 t M ha^-1 and 30 kg N ha^-1, gave the largest grain yield of both crops but a comparable result was obtained due to 3 t M ha^-1 and 30 kg N ha^-1. The economic analysis revealed that 6.85 t M ha^-1 and 44 kg N ha^-1 for wheat, and 4.53 t M ha^-1 and 37 kg N ha^-1 for tef were the economic optimum rates. The additional benefit obtained due to these rates was about 450 USD ha^-1. Therefore, application of the economic optimum combination of both organic and inorganic sources of nitrogen is recommended for use on cereals in the cereal-legume-cereal rotation system.

关键词： Ethiopia vertisol productivity manure economic optimum rotation system

TRANS-REGIONAL COURTS IN CHINA:A STUDY OF ESTABLISHMENT MODELS AND JURISDICTIONAL RULES

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Frontiers of law in China-Selected Publications from Chinese Universities 2021年第1期16卷 142-170页

作者： LIU Zhewei Peking University law school BeijingChina Peking University law school Beijing 100871China

The trans-administrative regional(trans-regional)court was created as part of China’s judicial reforms in *** far,only two trans-regional courts have been established,namely the Shanghai No.3 and Beijing No.4 Intermediate People’s *** important reason for this slow pace is that the trans-regional court has transcended the current structural framework under the Organic law of the People’s Courts in that(1)it is neither a specialized court that hears certain types of cases,(2)nor a local court established completely in keeping with administrative ***,the legal nature and status can only be clarified and justified when there is a clear definition of this new court system in the Organic law of the People’s *** models,namely the independent set-up model,full reshuffling model and limited transformation model,have been proposed for the establishment of trans-regional *** most practical and efficient among these models is the limited transformation model,aiming to reconstruct the existing railway transportation *** trans-regional courts may have exclusive,alienage,or supplemental *** form addresses particular types of special and major trans-regional cases,and other cases based on the theory of consolidation.

关键词： trans-regional courts establishment model jurisdiction rules specialized courts judicial reform transformation

THE COURTS＇ ACTIVE ROLE IN THE STRIVING FOR JUDICIAL INDEPENDENCE IN CHINA

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Frontiers of law in China-Selected Publications from Chinese Universities 2017年第2期12卷 278-309页

作者：赵言荣 Procedural law Civil Commercial and Economic Law School China University of Political scienceand Law Beijing China International and Political Studies School of Humanities Economic Law School China University of Political Science and Law Beijing 100088

In China, different factors can influence the judicial decision-making process of the courts. However, in more than 30 years＇ development, the courts appear to rely on the rhetoric of judicial independence and the Communist Party of China＇s endorsement of the importance of law to assert their own interests and institutional identity, and have employed various mechanisms to actively push the development of judicial independence in China.

关键词： courts judicial independence active role functional specialization competence,autonomy

CRITICAL THINKING ABOUT THE PRECAUTIONARY PRINCIPLE IN CHINA＇S FOOD SAFETY law

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Frontiers of law in China-Selected Publications from Chinese Universities 2016年第4期11卷 692-717页

作者： LU Yi school of Transnational law Peking University LL.M. Yale Law School J.S.D. Candidate Yale Law School New Haven US

We are living in a risk society where people devised the Precautionary Principle in order to minimize the harm caused by risk ex ante. Compared to the previous Food Hygiene law （FHL） and the 2009 Food Safety law, the 2015 revised Chinese Food Safety law （FSL） made a real breakthrough in the sense that it legitimates an important principle in food safety governance. Apart from laying down the fundamental importance of this principle in food safety regulations, the FSL 2015 also invented arrangements from different aspects in order to implement this principle. In other words, the FSL 2015＇s incorporation of the Precautionary Principle in a very real sense marked a transition from a demonstrative preventive food safety management regime to a more effective precautionary regime. However, the Precautionary Principle needs to be adopted in a ＂precautionary＂ way since this principle has its own limitations and defects. Incautious application of the principle may create new risks. This article compares the European approach in implementing the Precautionary Principle, and examines China＇s legal arrangements against negative impacts brought by the Precautionary Principle. Three perspectives are discussed： independence of scientific institutes; proportionality in risk management measures, and the shift of burden of proof for market authorization.

关键词： the Precautionary Principle food safety law institutional independence,proportionality burden of proof

The Hausdorf dimension of certain sets in a class of α-Lroth expansions

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Science China Mathematics 2014年第2期57卷 303-313页

作者： CHEN HaiBo WEN ZhiXiong school of Statistics and Mathematics Zhongnan University of Economics and Law school of Mathematics and Statistics Huazhong University of Science and Technology

In this paper,we consider sets of points with some restricts on the digits of theirα-Lroth *** precisely,for any countable partitionα={An,n∈N}of the unit interval I,we completely determine the Hausdorf dimensions of the sets F(α,φ)=x=[l1(x),l2(x),...]α∈I:ln(x)φ(n),n 1,whereφis an arbitrary positive function defined on N satisfyingφ(n)→∞as n→∞.

关键词： Hausdorff dimension the a-Ltiroth expansion expanding expansive exponent eventually de-creasing