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The Development of a Law-based Society Contributes to the Legal Protection of Human Rights in China
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作者 张永和 JIANG Yu 《The Journal of Human Rights》 2018年第1期4-6,共3页
Over the past 40 years of reform and opening up,the Party and the State have gained a richer and deeper understanding of human rights.In 1997,the 15;Communist Party of China National Congress Report put forward"r... Over the past 40 years of reform and opening up,the Party and the State have gained a richer and deeper understanding of human rights.In 1997,the 15;Communist Party of China National Congress Report put forward"respect for human rights".In 2004,the idea that"the State respects and protects human rights"was written into 展开更多
关键词 The Development of a law-based Society Contributes to the Legal Protection of Human Rights in China
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The Role of Competition Policy in Building a Rule of Law-Based Business Environment
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作者 Wang Xianlin Cui Dandan 《Social Sciences in China》 2024年第4期185-202,共18页
In the course of vigorously promoting China's construction of a first-rate business environment that is market-oriented,law-based,and internationalized,the rule of law plays a guiding and ensuring role.Fair compet... In the course of vigorously promoting China's construction of a first-rate business environment that is market-oriented,law-based,and internationalized,the rule of law plays a guiding and ensuring role.Fair competition is the underlying requirement for building a law-based business environment,and competition policy,as the foundation of the economic policy system,stands as the institutional guarantee.Its role is mainly realized through pathways in four areas,that is,practicing the principle of neutrality where competition is concerned,implementing fair competition review,legislating for and implementing a system of competition laws,and cultivating a competitive culture by championing competition.In the course of deepening China's reform and development,we should unceasingly strengthen and perfect these aspects,paving the way for the continuous optimization of a rule of law-based business environment. 展开更多
关键词 business environment law-based governance competition policy
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On the “International Law-Based International Order” 被引量:1
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作者 Cai Congyan Li Cunna 《Social Sciences in China》 2023年第3期20-38,共19页
In recent years,some countries have advocated a“rules-based international order.”However,they have not explicitly defined the“rules”here as“international law”and thereupon elaborated on their view of the rules f... In recent years,some countries have advocated a“rules-based international order.”However,they have not explicitly defined the“rules”here as“international law”and thereupon elaborated on their view of the rules for the international order.In fact,a series of legal practices implemented by these countries indicate that what they pursue is largely a view of rules that prioritizes domestic law over international law and regional international law over universal international law,and that politicizes international law.This view of rules undermines the role of international law in the international order and violates the requirements of the times for improving global governance and promoting the establishment of a more just and reasonable international order.To correct the view of rules pursued by these countries through the advocacy of a“rules-based international order,”China proposes an“international law-based international order.”The view of rules embodied in the“international law-based international order”recognizes that international law based and centered on the UN Charter is the authoritative system of rules governing international relations,while not excluding the role in the international order of other rules that do not violate international law. 展开更多
关键词 international law-based international order rules-based international order domestic law regional international law politicization of international law
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China's Decision-making System from Centralization to Democracy
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作者 周光辉 《China Economist》 2011年第6期18-28,共11页
Established during the long years of revolutionary struggle and the founding of the People's Republic of China (PRC), the Communist Party of China(CPC)-led decision-making system has a historical rationality. Bef... Established during the long years of revolutionary struggle and the founding of the People's Republic of China (PRC), the Communist Party of China(CPC)-led decision-making system has a historical rationality. Before China's reform and opening-up was implemented in 1978, the decision-making system highlighted centralization which led to disadvantages such as non-existent specialized division of functions, a low level of institutionalization, heavy reliance on experience, an enclosed decision-making mode and non-existent self-correction mechanisms. These disadvantages were institutional factors which ultimately caused the historic tragedy of " Cultural Revolution. "After the reform and opening-up, the decision-making structure, mode and mechanism were reformed in order to promote scientific, democratic and law-based decisions. History has shown that the reform has successfully overcome various challenges brought about by China's rapidly changing economy and society. From the perspective of political development, the reform has promoted several transitions: from individual controlled decision-making system to a more democratic decision-making process, from being empirical to scientifically-based, from highly centralized decision-making organizations to decentralized one, from an enclosed mode to an open mode, from passive to active participation in the decision-making process and from a non-institutionalized to an institutionalized system. Therefore, the CPC-led open decision-making model based on science and laws and participated by other parties has taken an initial shape. 展开更多
关键词 decision-making system centralized decision-making democratic decision-making scientific decision-making law-based decision-making
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Advancing the Rule of Law in Domestic and Foreign-Related Affairs in a Coordinated Manner 被引量:1
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作者 HUANG Jin 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2025年第2期125-141,共17页
Advancing the rule of law in domestic and foreign-related affairs in a coordinated manner constitutes one of the core tenets of XI Jinping Thought on the Rule of Law.Its profound implications are primarily reflected i... Advancing the rule of law in domestic and foreign-related affairs in a coordinated manner constitutes one of the core tenets of XI Jinping Thought on the Rule of Law.Its profound implications are primarily reflected in the dialectical relationship between the rule of law in domestic and foreign-related affairs,as well as the fundamental requirements and guiding principles for their coordinated advancement.This proposition draws upon multiple intellectual foundations,including the theory of socialist rule of law with Chinese characteristics,the theory of major-country diplomacy with Chinese characteristics,progressive concepts of modern international law,and the fine traditional Chinese culture.It resonates with the current era,aligns with the overall balance between domestic and international situations,and demonstrates the path to building a human community with a shared future through the rule of law while providing legal support for the realization of key national strategic goals.It is of great overall contemporary significance both internationally and strategically.At present,the focus should be on advancing the rule of law in foreign-related affairs through the following pathways:properly handling the relationship between the two"pairs of rule of law,"strengthening the strategic framework for the rule of law in foreign-related affairs,enhancing the development of foreign-related rule of law systems,deepening the study and application of international law,and bolstering the development of a talent pool for the rule of law in foreignrelated affairs so as to advance the rule of law in domestic and foreign-related affairs in a coordinated manner. 展开更多
关键词 comprehensive law-based governance rule of law in domestic affairs rule of law in foreign-related affairs international rule of law XI Jinping Thought on the Rule of Law
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Coordinate Rule of Law Efforts in Both Domestic and Foreign-Related Matters
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作者 Huang Jin 《Social Sciences in China》 2024年第1期71-88,共18页
Taking a coordinated approach to promoting the rule of law at home and in matters involving foreign parties stands as one of the essentials of Xi Jinping Thought on the Rule of Law.The profound essence of this concept... Taking a coordinated approach to promoting the rule of law at home and in matters involving foreign parties stands as one of the essentials of Xi Jinping Thought on the Rule of Law.The profound essence of this concept is predominantly articulated through the dialectic nexus between the rule of law at home and in matters involving foreign parties and the foundational necessities and underlying principles for their coordinated advancement.This concept is intellectually rooted in the legal theory of socialist rule of law with Chinese characteristics,the theory of major-country diplomacy with Chinese characteristics,modern progressive theories of international law,and the exemplary facets of traditional Chinese culture.It is aligned with contemporary trends and in harmony with the need to take a holistic approach to imperatives at home and abroad.This philosophy underscores the approach to building a human community with a shared future through the rule of law,guaranteeing the fruition of national strategic aspirations.This resonates with profound contemporary,integrative,international,and strategic significance.Presently,the focus should be on fostering the development of foreign-related rule of law,maintaining the correct equilibrium between the dyad of rule of law in domestic and foreign-related matters.It is imperative to augment strategic design and institutional construction in the realm of rule of law on issues related to foreign parties,step up research on and practical application of international law,and reinforce the cultivation of legal professionals in this area to take a coordinated approach to advance the rule of law at home and in matters involving foreign parties. 展开更多
关键词 comprehensive law-based governance rule of law in domestic matters foreignrelated rule of law rule of law in international matters
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Characteristics,Indicators,and Methods of Chinese Modernization of the Rule of Law
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作者 FAN Jinxue 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2023年第3期379-406,共28页
Chinese modernization of the rule of law is an important dimension of Chinese modernization;it has some commonalities with the rule of law modernization of all countries but it is more characterized by features that a... Chinese modernization of the rule of law is an important dimension of Chinese modernization;it has some commonalities with the rule of law modernization of all countries but it is more characterized by features that are unique to the Chinese context.The prominent feature that constitutes the Chinese characteristics,Chinese style,and Chinese model,is the adherence to the path of socialist rule of law with Chinese characteristics.It is this feature that determines the difference with Western rule of law modernization.Representingg a new form of human rule of law civilization,the Chinesestyle primarily features the building of a socialist law-based country,government,andSsociety,including centralized,unified,authoritative,andefficient Chinese-style national supervision,as well as the dual existence of constitutional review by the Communist Party of China(CPC)and by the state.Chinese modernization cannot be made possible without the rule of law being modernized and serving as a safeguard.Comprehensive promotion of the rule of law is an overriding approach,and two methods have to be followed specifically:firstly,construction of a modern socialist country in all aspects under the rule of law,and secondly,performance of all work of the state under the rule of law. 展开更多
关键词 China rule of law modernization law-based country law-based government law-based society
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The Reform and Development of the Decision-making System in Contemporary China
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作者 周光辉 《Social Sciences in China》 2012年第2期25-45,共21页
The decision-making system is the backbone of China's political system and a crucial factor determining its development. The decision-making system with the CPC lying at the core results from the CPC's long history ... The decision-making system is the backbone of China's political system and a crucial factor determining its development. The decision-making system with the CPC lying at the core results from the CPC's long history of leading China's revolution and establishing the People's Republic of China; therefore it has historical rationality. Decision-making was centralized over the period from the foundation of the PRC to reform and opening up. This centralized decision-making system had faults such as a low level of specialized division oflabor, low institutionalization, an undue emphasis on experience, a closed decision-making process and the absence of any self-correcting and adjustment mechanisms. The reform of China's decision-making system in the post-reform period has attached much importance to promoting democratic, scientific and law-based decision-making with regard to decision~ making structures, modes and mechanisms. Practice proves that this reform has successfully met the challenges arising from rapid social and economic transition. Viewed from the perspective of political development, it involves an evolution from personal to democratic, from experience-based to scientific, from centralized to decentralized, from closed to open, from passive to active participation and from non-institutionalized to institutionalized decision-making. A decision-making model has gradually taken shape that is characterized by CPC domination, participation by multiple entities, scientific proof, open process, and law-based operation. 展开更多
关键词 decision-making system centralized decision-making democratic decision-making scientific decision-making law-based decision-making
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Rule of Law Construction and Assessment at the Local Level
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作者 付子堂 张善根 Zhang Meichang 《Social Sciences in China》 2016年第1期93-112,共20页
Going beyond the analytical model of the holistic state in rule of law discussion, we can classify the rule of law into national and local levels based on the stages and increments of its execution. The phenomenon of ... Going beyond the analytical model of the holistic state in rule of law discussion, we can classify the rule of law into national and local levels based on the stages and increments of its execution. The phenomenon of the local rule of law reflects the stages and incremental progress of building a rule of law China. It has a realistic foundation in society and a profound basis in legal theory. Comprehensively advancing the rule of law in China necessitates giving encouragement and support to construction of the rule of law at the local level. The attempts and experiments of local government enable us to explore and innovate the developmental model of the socialist rule of law with Chinese characteristics. The rule of law at the local level is embodied in three dimensions: "text--action---concept." Assessment mechanisms and indicators for the local construction of the rule of law should also be established in accordance with this framework. The building of the rule of law at the local level should be synchronized with assessment of the rule of law. We need to optimize top-level design, conduct evaluations of local legislation, improve local rule of law work performance assessment and use a nile of law index to assess the local rule of law in an overall manner. 展开更多
关键词 law-based governance of the country a rule of law China rule of law at the local level rule of law assessment rule of law index
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Updated Interpretation of the Chinese Legal System
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作者 LIU Xiaolin 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2023年第2期225-247,共23页
As an important accomplishment of self-governance exploration for the Chinese nation,the Chinese legal system has contributed significantly to human rule-of-law civilization,and should be reinterpreted from three dime... As an important accomplishment of self-governance exploration for the Chinese nation,the Chinese legal system has contributed significantly to human rule-of-law civilization,and should be reinterpreted from three dimensions:historical tradition,prevailing practice,and future development.Following the constant logic of rule-of-law development in China,Chinese rule-of-law modernization marks a new era of the Chinese legal system and is a specific embodiment of Chinese modernization in the domain of rule of law.The Communist Party of China(CPC)has explored the China’s socialist rule-of-law practice with Chinese characteristics,carried forward the essence of fine Chinese rule-of-law culture,and learned from others’important rule of-law achievements,modernizing the rule of law for the needs of China.Furthermore,XI Jinping Thought on the Rule of Law,adapting to the times to promote the great rejuvenation of the Chinese nation,understands and grasps the basic laws of national governance,the laws of socialist rule-of-law building and the principles of law-based humane civilization development.The Chinese legal system has thereby been revised and expanded through linking history with reality,the international scene with the domestic one,and theory with practice.Surely,the updated Chinese legal system with China characteristics and with world significance will return to global centre-stage in rule-of-law development.Also,the updated Chinese legal system in the new era will embrace the revival of Chinese rule-of-law civilization,while the Chinese rule-of-law modernization will advance the great rejuvenation of the Chinese nation. 展开更多
关键词 Chinese legal system Chinese rule-of-law civilization XI Jinping Thought on the Rule of Law Chinese law-based modernization great rejuvenation of the Chinese nation
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Worldview and Methodology of Advancing the Construction of the Rule of Law in China
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作者 MA Huaide 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2022年第4期457-463,共7页
This work discusses a worldview and a methodology concerning ideological approaches by which Marxists can understand and transform the world,based on well-defined value truth,theory and philosophy.The work builds on t... This work discusses a worldview and a methodology concerning ideological approaches by which Marxists can understand and transform the world,based on well-defined value truth,theory and philosophy.The work builds on the Report to the 20th National Congress of the Communist Party of China(CPC),which highlights the following priorities to which XI Jinping Thought on Socialism with Chinese Characteristics for a New Era must adhere:putting the people first,maintaining self-confidence and self-reliance,upholding fundamental principles and breaking new ground,adopting a problem-oriented approach,applying system thinking,and maintaining a global vision.Furthermore,this work argues that these priorities should be applied to promote the rule of law in China’s new journey.As the starting points of analysis and understanding,the meta-theory and“six must-dos”follow the general principles of Marxism in interpreting and promoting socialist concepts,theory,law-based path and legal system in the New Era with Chinese characteristics.The metatheory and the“six must-dos”provide the logical foundations and fundamental compliance with XI Jinping Thought on the Rule of Law.Only by applying these“six must-dos”well can we understand and implement XI Jinping Thought on the Rule of Law,enhance the rationality,initiative,foresight and creativity of our work in comprehensively promoting the rule of law in China. 展开更多
关键词 XI Jinping Thought on the Rule of Law promotion of the rule of law in China overall law-based national governance six must-dos
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Promoting the Modernization of China’s Governance System and Capacity in Line with the Rule of Law
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作者 LI Honglei 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2022年第4期531-552,共22页
Since the 18th National Congress of the Communist Party of China(CPC)held in 2012,XI Jinping,General Secretary of the CPC Central Committee,has made a series of vital expositions on the promotion of modernization of t... Since the 18th National Congress of the Communist Party of China(CPC)held in 2012,XI Jinping,General Secretary of the CPC Central Committee,has made a series of vital expositions on the promotion of modernization of the national governance system and capacity in line with the rule of law.The law is the most important tool for governing a country,and the rule of law supports the national governance process and capacity.Promoting the rule of law on all fronts is an essential requirement for developing socialism with Chinese characteristics and promoting the modernization of the national governance system and capacity.Comprehensive law-based governance in all areas should be promoted to advance the modernization of national governance.Furthermore,law-based thinking and methods should be used to address difficulties and challenges faced in this modernization process. 展开更多
关键词 XI Jinping Thought on the Rule of Law exercising law-based governance on all fronts and advancing the rule of law in China governance modernization deepening reform fairness and justice
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Problems and strategies of legal transmission of Warm Stories
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作者 Zhijun Chen 《Advances in Social Behavior Research》 2023年第1期8-17,共10页
In recent years,some influential mainstream media and new media have launched“warm-story”programme,which is favored by the masses of the people.However,there are many problems with the spread of warm stories,such as... In recent years,some influential mainstream media and new media have launched“warm-story”programme,which is favored by the masses of the people.However,there are many problems with the spread of warm stories,such as clickbait,superficial content,fake news,and the vague concept of rules of law.How to overcome these problems,how to write warm stories so that they can spread legally,how to develop warm stories in the future,and how to conduct legal communication with warm stories are all critical issues that must be addressed right now.This paper looks at what warm-story is,how it works,and what it says.It also talks about how warm-story is used in legal communication and what strategies can be used. 展开更多
关键词 Warm Stories the Rule of Law law-based Communication
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