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Research on the “Practical Jurisprudence” Teaching System in China’s Civil Procedure Law: With A Focus on the Cultivation of the Juris Master (for Non-Law Graduates)
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作者 Tang Dongchu Liu Yuhao 《Contemporary Social Sciences》 2025年第2期138-155,共18页
Practical jurisprudence is a completely new proposition in legal education and research.The introduction of the concept of“practical jurisprudence”in the teaching of the Civil Procedure Law of the People’s Republic... Practical jurisprudence is a completely new proposition in legal education and research.The introduction of the concept of“practical jurisprudence”in the teaching of the Civil Procedure Law of the People’s Republic of China(the“Civil Procedure Law”)is a major innovation in terms of values and methodology.Practical jurisprudence focuses more on practical issues,Chinese characteristics,and major needs,while strengthening the practical nature of the Civil Procedure Law.China’s traditional education system for juris masters(for non-law graduates)(“non-law JMs”)emphasizes the development of foundational legal theoretical knowledge.However,it has not fully achieved its goal of cultivating interdisciplinary and practical legal professionals.Therefore,the traditional education system for the Civil Procedure Law needs reconstruction and supplementation through the practical jurisprudence teaching system in the following areas:(a)System composition:The focus should be on the eight tertiary subsystems under the two secondary subsystems—“the knowledge teaching system and the practical teaching system”of practical jurisprudence in the Civil Procedure Law,as well as the management of their interrelationships.(b)Credit structure:The proportion of credits for“practical teaching and training”should be increased.(c)Practical ability requirements:Legal professionals should be cultivated according to the standards for juris masters(for law graduates)as stipulated by the Law of the People’s Republic of China on Academic Degrees.(d)Practice evaluation:“Formalization of the evaluations,”“homogeneity of the evaluators,”and“reliance on written formats”should be avoided. 展开更多
关键词 practical jurisprudence teaching system civil procedure law practical teaching system knowledge teaching system Juris Masters(for non-law graduates)
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On China’s Civil Law Codification and the Development of China’s Civil Law Scholarship
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作者 Wang Liming Wang Jian 《Contemporary Social Sciences》 2020年第3期99-119,共21页
The development of the theoretical system of civil law scholarship and the codification of civil law are closely related and of promotional function to each other.The codification of civil law can promote the systemat... The development of the theoretical system of civil law scholarship and the codification of civil law are closely related and of promotional function to each other.The codification of civil law can promote the systematization of civil law scholarship,perfection of the value system,development and modernization of civil law studies,and the systematization of legal hermeneutics.The subjectivity of China’s civil law scholarship,i.e.,the notions of problem-orientation,nativeness,practice,the times and innovations,can be improved during China’s civil law codification.The codification of civil law can promote the development of a theoretical system of civil law scholarship with Chinese characteristics,including the development of diversified elements such as values,content,system,hermeneutics and methods of civil law. 展开更多
关键词 the codification of civil law the system of the civil law scholarship the value system SUBJECTIVITY
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On the protection of the right of privacy of patients by the civil law
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作者 Liu Lina 《International English Education Research》 2015年第8期53-54,共2页
The development of China's medical industry is very fast, which has provided a great help for people, but in the process, there are also a lot of problems violating the privacy of the patients. Based on these circums... The development of China's medical industry is very fast, which has provided a great help for people, but in the process, there are also a lot of problems violating the privacy of the patients. Based on these circumstances, we must offer the maximum protection of the privacy of the patients. From the point of view of the civil law, the medical institutions or the medical professionals must respect the patients, and protect the patients' privacy, so as to build a more harmonious relationship between the doctors and the patients. 展开更多
关键词 PATIENTS right of privacy civil law PROTECTION
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The Notion of Efficiency in China’s Civil Law Scholarship
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作者 Xiong Bingwan Wang Jian 《Contemporary Social Sciences》 2020年第1期1-26,共26页
The pursuit of economic efficiency is the major driver for the birth of contemporary Chinese civil law.Contemporary civil law scholarship has demonstrated a serious concern for efficiency from the very beginning.Howev... The pursuit of economic efficiency is the major driver for the birth of contemporary Chinese civil law.Contemporary civil law scholarship has demonstrated a serious concern for efficiency from the very beginning.However,many examples suggest that the notion of economic efficiency is often diluted or replaced by factors like civil law doctrinal scholasticism,moral notions,inertial thinking of the planned economy or the will of the leader.It has not been systematically attended to or expressed in a detailed and precise way in the contemporary civil law scholarship in China,rendering some economic judgments uneconomical.In the 21 st century,it is necessary for the civil law studies to establish a clearer and more precise notion of efficiency,to conduct more direct and accurate evaluations on civil laws’incentives on people’s behaviors and their socio-economic effects,so as to reduce the cost of social interactions and promote deeper cooperation and winwin outcome among individuals. 展开更多
关键词 Chinese civil law scholarship individual autonomy notion of efficiency notion of fairness the principle of proportionality
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A SUMMARY OF THE CIVIL AVIATION LAW
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作者 Ma Zheng,Law and Ordinance Department of CAAC 《China's Foreign Trade》 1996年第6期39-40,共2页
Early in 1979,China beganconsidering the drawing up of alaw to govern and standardize theactivities of its civil air operations. At that time,air legislation wassomething nonexistent in China.Thedraft team assembled f... Early in 1979,China beganconsidering the drawing up of alaw to govern and standardize theactivities of its civil air operations. At that time,air legislation wassomething nonexistent in China.Thedraft team assembled forces totranslate the air laws of various foreigncountries,including the United States,Britain,Japan and the former SovietUnion,and the relevant internationalconventions,and conducted a deep-going study of them.They also madeinspection tours of the United States,Canada,Britain and Germany.Onthe basis of the study of and withreference to the advanced legislativepractices in foreign countries,thedraft team put forward its first draft ofthe air law in July 1983,in accordancewith the actual conditions of thecountry.It was not,however,submitted to an executive meetingof the State Council for examinationand discussion because a series ofmajor problems such as air trafficcontrol and the control over theairworthiness of aircraft,had to befurther investigated and studied. 展开更多
关键词 A SUMMARY OF THE civil AVIATION law OVER
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How does the Civil Code Process the Civil and Commercial Relations According to the Insurance Law
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作者 WANG Rong 《International English Education Research》 2015年第12期68-73,共6页
The relationship between the civil law and commercial law is a long-standing issue of controversy in the area of private law, and it is also an issue of unavoidably legislative selection during the codification the ci... The relationship between the civil law and commercial law is a long-standing issue of controversy in the area of private law, and it is also an issue of unavoidably legislative selection during the codification the civil code in almost every country. Since the founding of the People Republic of China, China has carried out the codification of civil code for four times, and since the part^s eighteen plenary session officially proposed the 'codification of civil code', the issue of the civil and conmaercial relation draws the attention again, either unification or division of civil and commercial law directly affects the system and content of the civil code, and affects how to process the relationship between the civil law and commercial law during the codification of the civil code as well. The codification of the civil code should not only consider the legislative tradition of the civil and commercial legislation and the current legal system, but also pursue characteristics of the commercial law, in a system of combining civil and commercial law, through adding commercial law into the general principle of civil law; the existing commercial law should be separately retained. 展开更多
关键词 The civil code unification of civil and commercial law division of civil and commercial law commercial custom
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The Protection of the Right to Dignity in the Connection and Interaction between the Constitution and Civil Law
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作者 刘志刚 LI Man 《The Journal of Human Rights》 2017年第6期545-548,共4页
In the report of 19;National Congress of the Communist Party of China,General Secretary Xi Jinping said that China seeks to"accelerate development of the crime prevention and control system,combat and punish in a... In the report of 19;National Congress of the Communist Party of China,General Secretary Xi Jinping said that China seeks to"accelerate development of the crime prevention and control system,combat and punish in accordance with law all illegal and criminal activities such as pornography,gambling,drug abuse,gang violence,kidnapping,and fraud,and protect people’s personal rights,property rights,and right 展开更多
关键词 In The Protection of the Right to Dignity in the Connection and Interaction between the Constitution and civil law
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美国生物安全信息披露豁免制度研究——以“Civil Beat Law Center诉CDC案”为例
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作者 王倩 《医学与法学》 2020年第5期38-45,共8页
美国在以《自由信息法案》为核心的信息披露制度体系中,通过衔接《公共卫生安全和生物恐怖主义预防和应对法案》,将生物安全信息披露豁免纳入政府信息披露豁免规则之中。本文基于Civil Beat Law Center诉CDC信息披露豁免案来分析美国生... 美国在以《自由信息法案》为核心的信息披露制度体系中,通过衔接《公共卫生安全和生物恐怖主义预防和应对法案》,将生物安全信息披露豁免纳入政府信息披露豁免规则之中。本文基于Civil Beat Law Center诉CDC信息披露豁免案来分析美国生物安全信息披露豁免所涉法律适用、解释原则、运行方式等,试洞见其相关披露制度运行的特点和所存在的问题,以期能有助于国内相关的研究。 展开更多
关键词 美国生物安全 信息披露豁免 civil Beat law Center诉CDC案 《公共卫生安全和生物恐怖主义预防和应对法案》 《自由信息法案》
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On the Matching Relationship between the Revision to China's Company Law and China's Civil Code
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作者 LONG Weiqiu 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2025年第1期1-27,共27页
The Company Law(2023 Revision)must match with the Civil Code.On the one hand,because the Company Law is systematically subordinate to the Civil Code,its internal value and external normative system should highly coord... The Company Law(2023 Revision)must match with the Civil Code.On the one hand,because the Company Law is systematically subordinate to the Civil Code,its internal value and external normative system should highly coordinate with the Civil Code.In addition,the"General Part"Book of the Civil Code provides nearly 3o direct general provisions on legal persons and for-profit legal persons.As a result,the Company Law is subject to a kind of clear and direct limitation within this scope.Accordingly,it may incorporate much more detailed provisions but shall contain no conflicting provisions.On the other hand,the Civil Code has adopted a special open system model,with special space and flexibility for other laws to match with it.Besides,since the Company Law and other specific laws were enacted relatively early and have evolved independently for a long time,they have a space of autonomy to some extent in practice.From the perspective of legislative matching relationship,the Company Law should be revised based on five circumstances by adopting different matching strategies according to different matching requirements. 展开更多
关键词 revision to the Company law combination of civil law and commercial law the civil Code matching relationship matters to be matched matching strategies
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法益转向:商业秘密私权确立之刑事应对 被引量:16
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作者 莫洪宪 刘峰江 《电子知识产权》 CSSCI 2018年第7期12-19,共8页
2017年10月1日起施行的《民法总则》和2018年1月1日起施行的《反不正当竞争法》纳入和完善了商业秘密条款。考虑到法律规范的体系和分工,针对侵犯商业秘密罪的刑事政策也需相应调整。管窥以上两部立法,可以预见关于侵犯商业秘密罪的刑... 2017年10月1日起施行的《民法总则》和2018年1月1日起施行的《反不正当竞争法》纳入和完善了商业秘密条款。考虑到法律规范的体系和分工,针对侵犯商业秘密罪的刑事政策也需相应调整。管窥以上两部立法,可以预见关于侵犯商业秘密罪的刑事政策由强势向弱势回归的趋势。商业秘密权本质上属于私权利,应当主要通过民法和行政法来规制。从经济学理论视角,侵犯商业秘密行为具有相当之正外部性。所以,对商业秘密的私权侵犯不应再是刑法法益考量的重点,社会整体科技创新环境、诚信创业激励机制指明了刑法法益社会化的方向。 展开更多
关键词 商业秘密 法益社会化 先民后刑 刑法谦抑 刑事政策
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From the General Provisions of Civil Law to the General Rules of Civil Law:A Historic Leap
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作者 Yang Lixin 《Social Sciences in China》 2020年第2期5-25,共21页
The General Provisions of Civil Law(民法通则),formulated in the early days of reform and opening up,was a special law that set out the basic principles or rules of civil law,defining civil subjects,civil legal acts an... The General Provisions of Civil Law(民法通则),formulated in the early days of reform and opening up,was a special law that set out the basic principles or rules of civil law,defining civil subjects,civil legal acts and the agency system,declaring the civil rights enjoyed by civil subjects,establishing a relatively complete system of civil liability system,and so on.It kindled awareness of civil rights among the mass of the population,ensured China’s rapid economic and social development,and laid down a basic framework and content for the civil code,so holds an important position in contemporary Chinese history.But with the development of the economy and society,civil law has had to change with the times.Civil law jurisprudence injects theoretical support into contemporary civil law legislation,and the blueprint for law based governance provides a powerful impetus to the historic leap forward of contemporary Chinese civil law,providing the necessary conditions for the codification of civil law.The completion of the General Rules of Civil Law(民法总则)answers the requirements of the economic,humanist and legal character of the times,demonstrates the humanist stance and spirit of the civil code,rises to the challenge of modern scientific and technological development,and ensures people’s enjoyment and control of their new-style rights and their objective forms.This signifies that the GPCL has accomplished its historical task and civil law in contemporary China has realized a historic leap forward,laying a foundation for the compilation of the Chinese civil code,including the specific provisions of the framework and the contents of its individual parts. 展开更多
关键词 General Rules of civil law General Provisions of civil law contemporary Chinese civil law HUMANIST
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China's civil law since reform and opening up in 1978
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作者 王利明 易军 《Social Sciences in China》 2009年第1期83-99,共17页
Since reform and opening up were launched in 1978, China's civil law has made progress in terms of both values and systems. Specifically, the status of the individual as the subject of private law has been gradually ... Since reform and opening up were launched in 1978, China's civil law has made progress in terms of both values and systems. Specifically, the status of the individual as the subject of private law has been gradually established, the autonomy of private law as the cornerstone of civil law has been laid down, private interests and rights have been recognized and genuinely guaranteed, and the scientific nature of civil law has developed rapidly. However, there is still some room for improvement in degree of formal rationality of current civil law. Upholding the autonomy and formal and rational development of civil law is of great significance for Chinese society. At the same time, it is necessary to preserve a certain degree of openness in civil law in order to overcome some inherent defects in formal rational law. 展开更多
关键词 civil law formal rationality CODIFICATION OPENNESS
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Civil Law:Its Humanistic Concerns
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作者 王利明 《Social Sciences in China》 2012年第3期46-66,共21页
In contrast to early modern civil law, which centered on property law, modern civil law shows intensified humanistic concerns. This is mainly reflected in the rising status of personal law, and is also widely evidence... In contrast to early modern civil law, which centered on property law, modern civil law shows intensified humanistic concerns. This is mainly reflected in the rising status of personal law, and is also widely evidenced in the development within civil law of the subject, personal rights, the contract system, real right law and tort law, as well as marriage and family law. China's future civil code should construct civil law values based on humanistic concerns and highlight the full protection of human freedom and dignity and special care for disadvantaged groups. In line with this idea, it is necessary to include law on personal rights and tort law in the future civil code. Humanistic concerns should be strengthened in the application of civil law. 展开更多
关键词 humanistic concerns civil law code VALUES personal dignity
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Changes in the Social Foundation and Construction of a Dual System of Civil Law
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作者 Zhu Yan 《Social Sciences in China》 2011年第2期68-83,共16页
The civil law system is divided into an internal and an external system. The value orientation of the internal system guides the external system, whose components (concepts, norms and institutions) serve as a vehicl... The civil law system is divided into an internal and an external system. The value orientation of the internal system guides the external system, whose components (concepts, norms and institutions) serve as a vehicle for the internal system. As the social foundation changes, the internal system of modem civil law has developed such basic principles as private autonomy, protection of the disadvantaged, protection of reliance interests and self- liability, principles that have permeated into the concepts, norms and institutions of the external system. The formulation of the Chinese civil code should take into account the foundations of Chinese society and give due weight to the construction of a dual system of civil law. By defining "person" in civil law, clarifying the expression of the internal and external systems in both the law of real rights and the law of obligations, and examining flaws in specific branches of civil law, we hope to advance the formulation of China's civil code. 展开更多
关键词 internal system of civil law external system of civil law social transformation
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Legal Thought in Early Modern England:The Theory of Thomas Hobbes
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作者 Raffaella Santi 《Economics World》 2018年第5期384-389,共6页
Thomas Hobbes of Malmesbury (1588-1679) is one of the most influential British philosophers of the seventeenthcentury. The paper reconstructs Hobbes's legal theory, focusing on his definition of law (civil law, as... Thomas Hobbes of Malmesbury (1588-1679) is one of the most influential British philosophers of the seventeenthcentury. The paper reconstructs Hobbes's legal theory, focusing on his definition of law (civil law, as he calls it)found in Leviathan, XXVI, 3. The definition is only apparently simple, since it has been interpreted in differentways, especially with regard to the connections with natural law-and the Hobbesian assertion that civil law andnatural law "contain each other". Moreover, the definition of civil law changes in the corresponding paragraph ofthe Latin version of 1668. What is the meaning of this change? What about the divisions of the law/divisio legis,which-as Hobbes emphasizes-appears in different forms in different writers? Finally, if a good law is "thatwhich is needful, for the good of the people", what is it that dictates the paths to be followed by the sovereignrepresentative, who is also the supreme legislator, when writing a new law? These are the main problems inHobbes's legal thought that the paper will address. 展开更多
关键词 HOBBES civil law law of nature salus populi the artificial reason of the State
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General Principles of the Civil Law of the People's Republic of China 被引量:1
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作者 Zhong Lu, Editor 《Women of China》 1994年第3期19-19,共1页
In this issue we will introduce readers to the General Principles of the Civil Lave of the People's Republic of China, which was adopted at the Fourth Session of the Sixth National People's Congress, promulgat... In this issue we will introduce readers to the General Principles of the Civil Lave of the People's Republic of China, which was adopted at the Fourth Session of the Sixth National People's Congress, promulgated by order No.37 of the President of the People's Republic of China on April 12, 1986, and effective as of January 1, 1987.This law was formulated according to the constitution and the actual situation in our country, drawing upon our practical experience in civil actirities,for the purpose of protecting the lawful civil rights and interests of citizens and legal persons and correctly adjusting civil relations,so as to meet the needs of the developing socialist modernizationThe Civil Law of the People's Republie of China has 156 articles and 9 chapters. The chapters are:1) Basic Principles;2) Citizen (Natural Person); 3) Legal Persons; 4) Civil Law and Agencies; 5)Civil Rights; 6) Civil Liability; 7) Limitations of Action; 8) Application of Law in Civil Relations with Foreigners; and 9) Supplementary Provisions.All the articles apply to women. We have only extracted some of them which are concerning the protection of rights and interests of women and children. 展开更多
关键词 General Principles of the civil law of the People’s Republic of China
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