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Experience vs.Logic:An Inquiry into Legal Liability-Setting Techniques in Local Legislation
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作者 Li Hongjun 《Contemporary Social Sciences》 2025年第4期125-138,共14页
Although legal liability is a key component of local regulations and ensures their effective implementation,existing research has paid insufficient attention to the techniques for setting legal liability clauses in th... Although legal liability is a key component of local regulations and ensures their effective implementation,existing research has paid insufficient attention to the techniques for setting legal liability clauses in the local legislation,due to a lack of systematic analysis.To address this gap,this paper employs the interview method to empirically examine the formation process,as well as the techniques for establishing legal liability in local legislation,with the aim of revealing the primary legislative techniques for formulating legal liability clauses in local legislation and their application principles.Drawing from these empirical findings and analytical insights,the research demonstrates that the legal liability-setting techniques in local legislation tend to exhibit a weak coherence with regard to logic and a strong policy orientation.These issues potentially create tension with the legal norms’demands for certainty,abstraction,and completeness.Therefore,this paper proposes a three-pronged framework to harmonize competing demands by respecting local particularities and achieving context-sensitive regulatory balance.This framework advocates that local legislative practice should(a)prioritize practical rationality and rule effectiveness over logical completeness,acknowledging inherent conflicts with traditional legislative models;(b)adopt a typological legislative method to balance normative principles with governance efficiency by transcending logic-experience binaries;and(c)establish a dynamic updating mechanism with regular evaluation to maintain adaptability to socio-economic evolution. 展开更多
关键词 local legislation legal liability legislative technique
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The Three Principles of Institutional Safeguards for Women's Participation in Legislation in China
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作者 刘睿 JIANG Yu(Translated) 《The Journal of Human Rights》 2024年第2期325-346,共22页
The participation of women in legislation is an important aspect and means of safeguarding women’s rights.Feminist theory,based on criticism of both the“citizenship identity theory as rights”and the“citizenship id... The participation of women in legislation is an important aspect and means of safeguarding women’s rights.Feminist theory,based on criticism of both the“citizenship identity theory as rights”and the“citizenship identity theory as responsibilities,”proposes the“citizenship identity theory as subjectivity.”Observing the current practice of women’s participation in legislation in China,two institutional safeguard principles can be summarized:the“minimum proportion”and the“influence evaluation.”However,each of these principles has its inherent limitations.Therefore,it is necessary to supplement them with the principle of“subjective participation”in a reflective manner.This principle requires women to participate substantively in the legislative process as subjects,express women’s needs and demands,input women’s perspectives and experiences,and reconstruct the distribution of rights and responsibilities in the existing legislation.The three principles complement each other and work together to comprehensively constitute the institutional structure of women’s participation in legislation,thereby promoting the reproduction of corresponding action structures. 展开更多
关键词 citizenship identity theory FEMINISM women’s rights participation in legislation SUBJECTIVITY
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Palliative care with adequate pain relief challenges the need for euthanasia legislation
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作者 Renald Blundell Martina Cini Kimberley Blundell 《History & Philosophy of Medicine》 2024年第2期6-13,共8页
Background:In today’s society the ongoing discussion about euthanasia triggers emotionally charged debates surrounding the delicate balance between valuing life and respecting an individual’s autonomy.With the persi... Background:In today’s society the ongoing discussion about euthanasia triggers emotionally charged debates surrounding the delicate balance between valuing life and respecting an individual’s autonomy.With the persistence of this debate,there has been the emergence of the concept of the so-called alternative:palliative care.Positioned as a substitute for euthanasia,palliative care aims to alleviate suffering in terminally ill patients without engaging in the ethical dilemmas associated with euthanasia.Methods:This paper explores the facets of palliative care highlighting its core objectives such as providing adequate pain relief as a compassionate alternative to euthanasia.Results:By examining palliative care as a comprehensive approach to end of life support,this study challenges the perceived necessity of euthanasia and advocates,for compassionate and dignified end of life experiences.Conclusion:In conclusion,palliative care emerges as a viable and ethically sound alternative to euthanasia,emphasizing the importance of compassionate end-of-life care and pain management. 展开更多
关键词 palliative care adequate pain relief euthanasia legislation end-of-life care patient-centered care policy development
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Impact of Smoke-Free Legislation on Acute Myocardial Infarction and Subtypes of Stroke Incidence in Shenzhen,China,2012-2016:An Interrupted Time Series Analysis 被引量:8
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作者 SHI Yu Lin XIONG Jing Fan +3 位作者 LIU Li Qun ZHAO Zhi Guang WAN Xia PENG Ji 《Biomedical and Environmental Sciences》 SCIE CAS CSCD 2023年第6期527-536,共10页
Objective This study assesses the impact of smoke-free legislation on the incidence rate for acute myocardial infarction(AMI)and stroke in Shenzhen.Methods Data on ischemic(n=72,945)and hemorrhagic(n=18,659)stroke and... Objective This study assesses the impact of smoke-free legislation on the incidence rate for acute myocardial infarction(AMI)and stroke in Shenzhen.Methods Data on ischemic(n=72,945)and hemorrhagic(n=18,659)stroke and AMI(n=17,431)incidence covering about 12 million people in Shenzhen from 2012 to 2016 were used.Immediate and gradual changes in incidence rates were analyzed using segmented Poisson regression.Results Following the smoke-free legislation,a 9%(95%CI:3%-15%)immediate reduction was observed in AMI incidence,especially in men(8%,95%CI:1%-14%)and in those aged 65 years and older(17%,95%CI:9%-25%).The gradual annual benefits were observed only in hemorrhagic and ischemic stroke incidence,with a 7%(95%CI:2%-11%)and 6%(95%CI:4%-8%)decrease per year,respectively.This health effect extended gradually to the 50-64 age group.In addition,neither the immediate nor gradual decrease in stroke and AMI incidence rates did not show statistical significance among the 35-49 age group(P>0.05).Conclusion Smoke-free legislation was enforced well in Shenzhen,which would generate good experiences for other cities to enact and enforce smoke-free laws.This study also provided more evidence of the health benefits of smoke-free laws on stroke and AMI. 展开更多
关键词 Smoke-free legislation Second-hand smoke TOBACCO Myocardial infarction STROKE Prevention
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Renewable Energy Legislation in China:Politicaland Institutional Strategy for EffectiveImplementation 被引量:5
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作者 Joanna Lewis 《Chinese Journal of Population,Resources and Environment》 2004年第1期13-17,共5页
Over the past decade, the Chinese government has developed several plans regulations and policy measures related to the development of renewable energy technologies and has implemented a series of pilot projects. Chin... Over the past decade, the Chinese government has developed several plans regulations and policy measures related to the development of renewable energy technologies and has implemented a series of pilot projects. Chinese policymakers have spent several years studying how renewable energy policy models that have been used internationally could be implemented in China. Programs are currently underway to implement pilot renewable portfolio standards, or mandatory market shares (MMS) for renewable energy, in several provinces. This paper examines the primary institutions that are involved in promoting renewable policies in China, the structure of the policies that currently are being drafted, and the status of the complementary, national-level renewable energy law being drafted to provide a legal basis for ongoing local and national-level policies. It then examines the legal requirements for promoting renewable energy legislation under the Chinese law-making system. Finally, it provides recommendations 展开更多
关键词 Renewable Energy Mandatory Market Share Energy legislation
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Investigation on end-of-life electric and electronic equipment recycling and disposal system in China: legislation, education and dissemination 被引量:1
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作者 陈铭 《Journal of Central South University》 SCIE EI CAS 2005年第S2期148-152,共5页
The Chinese obsolete electric and electronic equipments (EEE) recycling and disposal system on the point of view of legislation, education and dissemination were discussed, because of the highly increasing volume of e... The Chinese obsolete electric and electronic equipments (EEE) recycling and disposal system on the point of view of legislation, education and dissemination were discussed, because of the highly increasing volume of electric and electronic products and that of its obsoletes today in China. The legislations and responsibilities of go- vernment, industry and consumer were discussed based on the balance of benefit and responsibility depending on the realization of their benefits in the whole life cycle of products and its status in the whole value chain. Not only the legislation and establishment of the so called “compulsory discarding system” will be a possible and effective solution to the difficulty of the obsolete collection and recycling for obsolete electric and electronic reclaiming industry, but also the education and dissemination. Education and dissemination were discussed as an important role which will emphasize the adjusting of policy and law on the development of electric and electronic industry production and its reclaiming. The education of stockholders’ environmental responsibility and the advocating of responsibility sharing should be implement for industry and consumer. Chinese EEE industry should emphasize the control of natural source, and should implement the environmental benign design in their production, such as design for dismantling, no dismantling, thermal treatment and green design. The perspectives for the way to advocate a harmonic society for Chinese people were described. 展开更多
关键词 END-OF-LIFE EEE legislation EDUCATION RECYCLING
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The Carry-Over of Mycotoxins in Products of Animal Origin with Special Regard to Its Implications for the European Food Safety Legislation 被引量:1
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作者 Inger Volkel Eva Schroer-Merker Claus-Peter Czerny 《Food and Nutrition Sciences》 2011年第8期852-867,共16页
At present, carry-over research in mycotoxins experiences a change in focus. We reviewed the state-of-art knowledge regarding carry-over in aflatoxins, ochratoxin A, Fusarium toxins, patulin, ergot and citrinin. The c... At present, carry-over research in mycotoxins experiences a change in focus. We reviewed the state-of-art knowledge regarding carry-over in aflatoxins, ochratoxin A, Fusarium toxins, patulin, ergot and citrinin. The common cooccurrence of mycotoxins demands for employment of multi-toxin analysis and poses a new challenge in reliable health hazard assessment. Synergies in adverse mycotoxin effects call for a revision of various guidance levels in feed. We found a lack of risk assessment regarding carry-over of rare mycotoxins and metabolites usually considered negligible. 展开更多
关键词 Carry-Over Research Mycotoxins CO-OCCURRENCE Synergistic Effects Food legislation Threshold Limits COMPLIANCE
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Brain death and organ transplant legislation: analysis of 969 respondents by classroom questionnaire
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作者 Song, Ru-Liang Cui, Xiao-Hua +2 位作者 Gao, Zhan Deng, Shao-Lin Li, You-Ping 《Hepatobiliary & Pancreatic Diseases International》 SCIE CAS 2009年第5期483-493,共11页
BACKGROUND: China has the largest potential market for organ transplants in the world, but it has not yet established brain death and organ transplant laws. We aimed to investigate the attitudes and suggestions of doc... BACKGROUND: China has the largest potential market for organ transplants in the world, but it has not yet established brain death and organ transplant laws. We aimed to investigate the attitudes and suggestions of doctors, pharmacists, and civil servants concerning brain death, organ transplantation, and their respective legislation. METHODS: A questionnaire with 10 sections and 44 questions was designed and distributed. The effective questionnaire data were then recorded and checked for descriptive analysis. RESULTS: In 1400 questionnaires distributed, 1063 were responded and 969 of them were valid and analyzed. The respondents showed an incomplete understanding of brain death and organ transplantation laws. Seventy-four percent of the respondents recognized and accepted the standard of brain death. They agreed that legislation should be involved in the removal of organs for transplantation, the future use of organs, and insurance and compensation for the donor for possible health risks induced by organ removal. Of the 969 respondents, 92% considered it necessary to have legislation in brain death and organ transplantation, and 61% thought that it is time to legislate. CONCLUSIONS: Legislation for brain death and organ transplantation is urgent and timely in China. The laws must include the respective rights and obligations of patients, close relatives, and medical institutions. Educating the public about brain death and organ transplantation should also be encouraged in a variety of ways. 展开更多
关键词 organ transplantation legislation brain death STANDARD
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Preventing pediatric cardiothoracic trauma:Role of policy and legislation
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作者 Konstantinos S Mylonas Pouya Hemmati +2 位作者 Diamantis I Tsilimigras Pavlos Texakalidis Konstantinos P Economopoulos 《World Journal of Cardiology》 CAS 2018年第7期49-51,共3页
Data from the last 50 years suggest that pediatric pa-tients typically suffer cardiothoracic injuries following blunt traumatic force(70%) in the setting of either motor vehicle crashes(53.5%) or vehicle-pedestrian ac... Data from the last 50 years suggest that pediatric pa-tients typically suffer cardiothoracic injuries following blunt traumatic force(70%) in the setting of either motor vehicle crashes(53.5%) or vehicle-pedestrian accidents(18.2%). Penetrating trauma accounts for 30% of pediatric cardiothoracic injuries, half of which are gunshot wounds. Graduated driver licensing progr-ams, gun-control legislation, off-road vehicle regulation, initiatives such as "Prevent the Bleed", as well as prof-essional society recommendations are key in preventing pediatric cardiothoracic injuries. 展开更多
关键词 PEDIATRIC TRAUMA BLUNT CARDIAC TRAUMA PENETRATING CARDIAC TRAUMA Injury Children Policy legislation
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Comparative Analysis on Public and Private Partnership Legislation
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作者 Fu Jingjing Li Shuang 《学术界》 CSSCI 北大核心 2019年第6期204-213,共10页
Public-Private Partnerships (PPPs) mode is a new governance mode which combines the advantages of government,private investor and the financial institution together.However,there is no sound legal system for PPPs in C... Public-Private Partnerships (PPPs) mode is a new governance mode which combines the advantages of government,private investor and the financial institution together.However,there is no sound legal system for PPPs in China at present.Therefore,it is critical to build a PPP legal legislation in order to facilitate investments in complex and long-term PPP arrangements,reduce transaction costs,ensure appropriate regulatory controls,and provide legal and economic mechanisms to enable the resolution of contract disputes.This article provides an international perspective on PPP legal framework by drawing upon the existing of PPP laws from several countries. 展开更多
关键词 PPPs legislation COMPARATIVE ANALYSIS
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A holistic approach to creating a new yangtze river basin protection legislation
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作者 Zhongmei Lv Mingqing You 《Chinese Journal of Population,Resources and Environment》 2020年第3期196-200,共5页
The protection of the Yangtze River Basin is a top priority in China,and the National People's Congress(NPC)Standing Committee has started to draft a new protection legislation specifically for the Yangtze River B... The protection of the Yangtze River Basin is a top priority in China,and the National People's Congress(NPC)Standing Committee has started to draft a new protection legislation specifically for the Yangtze River Basin.The Basin forms the epicenter of environmental,social,and economic life.Any efforts to protect the Basin must accommodate several competing interests from a multiplicity of interested parties and stakeholders such as local governments,villages,and business enterprises.Current relevant institutions and organizations are unable to sufficiently ensure environmental protection and green development in the Basin.The NPC Standing Committee must thus adopt a more holistic approach when creating new protection legislations aimed at the Yangtze River Basin. 展开更多
关键词 Yangtze river basin Holistic approach Basin-level legislation Environmental protection Water resource Basin management Green development
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Technology Provides Better Document Search Results on Slovak Legislation Webpage as Result of a Simulation of Webpage Performance Parameters
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作者 Peter Kvasnica 《Computers, Materials & Continua》 SCIE EI 2021年第4期159-170,共12页
This article acquaints the public with the insights gained from conducting document searches in the Slovak public administration information system,when supported by knowledge of its management.Additionally,it discuss... This article acquaints the public with the insights gained from conducting document searches in the Slovak public administration information system,when supported by knowledge of its management.Additionally,it discusses the advantages of simulating performance parameters and comparing the obtained results with the real parameters of the eZbierka(eCollection)legislation webpage.This comparison was based upon simulated results,obtained through the Gatling simulation tool,versus those obtained from measuring the properties of the public administration legislation webpage.Both sets of data(simulated and real),were generated via the the document search technologies in place on the eZbierka legislation webpage.The webpage provides users with binding laws and bylaws available in an electronically signed PDF file format.It is free open source.In order to simulate the accessing of documents on the webpage,the Gatling simulation tool was used.This tool simulated the activity,performed in the background of the information system,as a user attempted to read the data via the steps mentioned in the scenario.The settings of the simulated environment corresponded as much as possible to the hardware parameters and network infrastructure properties used for the operation of the respective information system.Based on this data,through load changing,we determined the number of users,the response time to queries,and their number;these parameters define the throughput of the server of the legislation webpage.The required parameter determination and performance of search technology operations are confirmed by a suitable hardware design and the webpage property parameter settings.We used the data from the eZbierka legislation webpage from its operational period of January 2016 to January 2019 for comparison,and analysed the relevant data to determine the parameter values of the legislation webpage of the slov-lex information system.The basic elements of the design solution include the technology used,the technology for searching the legislative documents with support of a searching tool,and a graphic database interface.By comparing the results,their dependencies,and proportionality,it is possible to ascertain the proper determination and appropriate applied search technology for selection of documents.Further,the graphic interface of the real web database was confirmed. 展开更多
关键词 legislation webpage simulation tool search tool performance testing
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China’s Labor Standard Legislation: Confused Reality and Unclear Future
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作者 Liu Dawei 《学术界》 CSSCI 北大核心 2020年第6期210-217,共8页
The reasons why labor standards law has not been enacted so far include the unreadiness of entrepreneurs and enterprises as well as legislators and the market. It is a great challenge for legislators because they need... The reasons why labor standards law has not been enacted so far include the unreadiness of entrepreneurs and enterprises as well as legislators and the market. It is a great challenge for legislators because they need to focus on the coordination of relationship between central and local labor standards legislation,on special problems of sectors or industries,on coordination of special industries and general industries. in addition to many other historical factors. The introduction of labor standards legislation must be based on a good familiarity of current situation and international labor standards,the frequent points of labor disputes in China,and the specific characteristics of different regions and industries,which is also the mission and responsibility of the legislators. 展开更多
关键词 labor laws basic labor standards labor standards law labor legislation
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Cancer Prevention through Legislation Hong Kong Experience
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作者 Winnie K. W. SO 《Clinical Oncology and Cancer Research》 CAS CSCD 2010年第2期81-85,共5页
Cancer is the major cause of death worldwide and in the local community. Due to the aging population and changes in lifestyle of the citizens, it is expected that the incidence of cancer will continue to increase. In ... Cancer is the major cause of death worldwide and in the local community. Due to the aging population and changes in lifestyle of the citizens, it is expected that the incidence of cancer will continue to increase. In fact, according to the World Health Organization, about 30% of cancer death can be prevented. The fight against cancer relies on support from the government, together with collaborations with the policymakers, healthcare professionals, and the public. Legislation can act as a tool for cancer prevention. The purpose of this paper is to provide an overview of the global cancer burden and to describe how cancer legislation acts as a tool for cancer prevention in the Hong Kong region. 展开更多
关键词 neoplasma public health legislation HongKong.
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ON SOME PROBLEMS IN CHINA’S SECURITIES LEGISLATION
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作者 Gao Erson Chairman of the Research Center of International Economic Law at Nankai University Li Jiuming Li Li 《南开经济研究》 CSSCI 北大核心 1994年第S2期2-11,共10页
In May 1993, the State Council promulgated ProvisionalRegulations Regarding the Issuing of Stocks and theAdministration of Stock Dealings. However, the Stock Act isstill in the process of drafting. This paper intends ... In May 1993, the State Council promulgated ProvisionalRegulations Regarding the Issuing of Stocks and theAdministration of Stock Dealings. However, the Stock Act isstill in the process of drafting. This paper intends to discuss thefollowing three problems concerning the securities legislation. 展开更多
关键词 S SECURITIES legislation ON SOME PROBLEMS IN CHINA CSEA
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