International investment constitutes a key dimension of high-quality cooperation under the Belt and Road Initiative.However,affected by unilateralism,protectionist measures,and growing regulatory uncertainty,it faces ...International investment constitutes a key dimension of high-quality cooperation under the Belt and Road Initiative.However,affected by unilateralism,protectionist measures,and growing regulatory uncertainty,it faces increasingly complex and diverse risks.Deepening the rule of law cooperation based on an international order governed by international law is not only a fundamental way to mitigate investment risks associated with the Belt and Road Initiative but also an essential requirement for building a more just and reasonable system of global economic governance.At present,investment rule of law cooperation under the Belt and Road Initiative faces three main challenges:limited legal cooperation capacity among some participating countries at the subject level,insufficient coordination between hard law and soft law at the normative level,and relatively weak regional enforcement and dispute-prevention mechanisms at the implementation level.To advance regional investment rule of law cooperation and promote the high-quality development of the Belt and Road Initiative,China should foster consultative governance on investment rule of law cooperation among partner countries,comprehensively upgrade hard law and soft law instruments regulating investment,and strengthen enforcement and dispute settlement capacity,thereby contributing a more just,reasonable,and inclusive model of investment governance to the world.展开更多
The Private Sector Promotion Law is formulated in the background of an increasingly mature market mechanism and a gradually optimized business environment,thus bearing a strong hallmark of the times.The rule of law va...The Private Sector Promotion Law is formulated in the background of an increasingly mature market mechanism and a gradually optimized business environment,thus bearing a strong hallmark of the times.The rule of law values embedded in it also exhibit a distinct perspective aligned with the current era.In the context of Chinese modernization,the Private Sector Promotion Law takes reform and opening-up as its core theme and aims for full and balanced economic development.It focuses on the development of new quality productive forces and the empowerment of big data,with a key emphasis on highlighting Chinese characteristics in economic development.Meanwhile,the Private Sector Promotion Law demonstrates the rule of law values that balance public and private law dimensions.On the one hand,it encourages market participants to engage in fair competition,pursue independent development,operate with integrity,and assume the corresponding social responsibilities.On the other hand,it requires public authority entities to treat every market participant equally.They should provide the necessary support and guidance through means such as administrative payment and administrative guidance and adopt a restrained attitude in the application of administrative penalties,thereby safeguarding the legitimate rights and interests of market participants.展开更多
I.INTRODUCTION Against the backdrop of profound transformations in the global energy landscape,China,as the world's largest energy producer and consumer,faces multiple challenges,including energy security,energy t...I.INTRODUCTION Against the backdrop of profound transformations in the global energy landscape,China,as the world's largest energy producer and consumer,faces multiple challenges,including energy security,energy transition,and sustainable development.To address these challenges,the Chinese government has formulated a strategic plan to build a unified national energy market and create a new framework for the energy sector.Article 42 of the Energy Law of the People's Republic of China(hereinafter referred to as the Energy Law)explicitly requires the building of a unified national energy trading market and the improvement of transaction mechanisms and rules.展开更多
The International Tribunal for the Law of the Sea(ITLOS)is requested to provide an advisory opinion on the specific obligations of states parties regarding climate change under the United Nations Convention on the Law...The International Tribunal for the Law of the Sea(ITLOS)is requested to provide an advisory opinion on the specific obligations of states parties regarding climate change under the United Nations Convention on the Law of the Sea(UNCLOS).This opinion recognizes that greenhouse gas emissions constitute pollution of the marine environment and emphasizes the necessity for states to take measures to mitigate such pollution.Legally,this opinion clarifies the necessity of collective action in addressing climate change,thereby advancing the concept of climate justice.However,the advisory opinions serve merely as'primary rules',failing to elaborate on how to demonstrate the causal link between mitigation actions and the harm suffered by other states,as well as the manner in which state responsibility for climate-induced loss and damage should be borne.Divergent views among states regarding the classification of greenhouse gases as pollutants highlight the complexities and uncertainties of climate policy.To promote compatibility between climate law and maritime law,this article argues that ITLOS should prioritize the establishment of an'assistance-based'loss and damage compensation mechanism.This mechanism aims to support developing states severely affected by climate change through collective international efforts rather than solely through compensation.Furthermore,the advisory opinion is expected to play a crucial role in protecting marine environments and addressing climate change,to further clarify the duty of care that states must exercise in climate governance.展开更多
The seventh China-ASEAN Legal Cooperation Forum opened in Chongqing Municipality on November 21,2025.The theme of the forum was'Strengthening China-ASEAN Legal Cooperation and Building a Community with a Shared Fu...The seventh China-ASEAN Legal Cooperation Forum opened in Chongqing Municipality on November 21,2025.The theme of the forum was'Strengthening China-ASEAN Legal Cooperation and Building a Community with a Shared Future with Neighboring Countries'.Chen Wenqing,member of the Political Bureau of the Communist Party of China Central Committee,head of the Commission for Political and Legal Affairs of the Communist Party of China Central Committee,and President of the China Law Society,attended the opening ceremony and delivered a speech.展开更多
基金funded by the National Social Science Fund of China(Grant No.20CFX083)。
文摘International investment constitutes a key dimension of high-quality cooperation under the Belt and Road Initiative.However,affected by unilateralism,protectionist measures,and growing regulatory uncertainty,it faces increasingly complex and diverse risks.Deepening the rule of law cooperation based on an international order governed by international law is not only a fundamental way to mitigate investment risks associated with the Belt and Road Initiative but also an essential requirement for building a more just and reasonable system of global economic governance.At present,investment rule of law cooperation under the Belt and Road Initiative faces three main challenges:limited legal cooperation capacity among some participating countries at the subject level,insufficient coordination between hard law and soft law at the normative level,and relatively weak regional enforcement and dispute-prevention mechanisms at the implementation level.To advance regional investment rule of law cooperation and promote the high-quality development of the Belt and Road Initiative,China should foster consultative governance on investment rule of law cooperation among partner countries,comprehensively upgrade hard law and soft law instruments regulating investment,and strengthen enforcement and dispute settlement capacity,thereby contributing a more just,reasonable,and inclusive model of investment governance to the world.
文摘The Private Sector Promotion Law is formulated in the background of an increasingly mature market mechanism and a gradually optimized business environment,thus bearing a strong hallmark of the times.The rule of law values embedded in it also exhibit a distinct perspective aligned with the current era.In the context of Chinese modernization,the Private Sector Promotion Law takes reform and opening-up as its core theme and aims for full and balanced economic development.It focuses on the development of new quality productive forces and the empowerment of big data,with a key emphasis on highlighting Chinese characteristics in economic development.Meanwhile,the Private Sector Promotion Law demonstrates the rule of law values that balance public and private law dimensions.On the one hand,it encourages market participants to engage in fair competition,pursue independent development,operate with integrity,and assume the corresponding social responsibilities.On the other hand,it requires public authority entities to treat every market participant equally.They should provide the necessary support and guidance through means such as administrative payment and administrative guidance and adopt a restrained attitude in the application of administrative penalties,thereby safeguarding the legitimate rights and interests of market participants.
基金research result of the Chongqing Social Science Fund Project,entitled Legal Pathways for the Governance Optimization of Financial Holding Companies(No.21SKJD036).
文摘I.INTRODUCTION Against the backdrop of profound transformations in the global energy landscape,China,as the world's largest energy producer and consumer,faces multiple challenges,including energy security,energy transition,and sustainable development.To address these challenges,the Chinese government has formulated a strategic plan to build a unified national energy market and create a new framework for the energy sector.Article 42 of the Energy Law of the People's Republic of China(hereinafter referred to as the Energy Law)explicitly requires the building of a unified national energy trading market and the improvement of transaction mechanisms and rules.
基金the National Social Science Fund Youth Project,entitled Research on the Integration of Global Carbon Market Rules Under the Glasgow Climate Agreement and China's Solutions(Grant Number:22CFX088).
文摘The International Tribunal for the Law of the Sea(ITLOS)is requested to provide an advisory opinion on the specific obligations of states parties regarding climate change under the United Nations Convention on the Law of the Sea(UNCLOS).This opinion recognizes that greenhouse gas emissions constitute pollution of the marine environment and emphasizes the necessity for states to take measures to mitigate such pollution.Legally,this opinion clarifies the necessity of collective action in addressing climate change,thereby advancing the concept of climate justice.However,the advisory opinions serve merely as'primary rules',failing to elaborate on how to demonstrate the causal link between mitigation actions and the harm suffered by other states,as well as the manner in which state responsibility for climate-induced loss and damage should be borne.Divergent views among states regarding the classification of greenhouse gases as pollutants highlight the complexities and uncertainties of climate policy.To promote compatibility between climate law and maritime law,this article argues that ITLOS should prioritize the establishment of an'assistance-based'loss and damage compensation mechanism.This mechanism aims to support developing states severely affected by climate change through collective international efforts rather than solely through compensation.Furthermore,the advisory opinion is expected to play a crucial role in protecting marine environments and addressing climate change,to further clarify the duty of care that states must exercise in climate governance.
文摘The seventh China-ASEAN Legal Cooperation Forum opened in Chongqing Municipality on November 21,2025.The theme of the forum was'Strengthening China-ASEAN Legal Cooperation and Building a Community with a Shared Future with Neighboring Countries'.Chen Wenqing,member of the Political Bureau of the Communist Party of China Central Committee,head of the Commission for Political and Legal Affairs of the Communist Party of China Central Committee,and President of the China Law Society,attended the opening ceremony and delivered a speech.