The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,ac...The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,accumulating experience of judicial application in practice.In the current proposed amendment of the Law on the Protection of Women’s Rights and interests,the main issues that should be considered are:First,the legislative purpose of this law should be reviewed to clarify the three legislative positions of the Law on Women’s Rights and interests,in terms of protection,practice and foundation.Second,it is necessary to grasp whether the text content is appropriate and rectify any defects in the existing text.Third,it should explore how to reform and implement specific systems from the micro perspective to improve the specific systems of women’s personal,property,and social rights and interests.Fourth,it should strengthen the systematic interaction with other norms at different levels and implement the principle of gender equality stipulated in the Constitution of the People’s Republic of China.Fifth,attention should be paid to the necessity of invoking the Law in judicial practice,the possibility of operation and the effectiveness of enforcement.The proposed amendment of the Law on the Protection of Women’s Rights and interests should also sum up the experience of local legislation and judicial decisions and improve the quality of judicial application of the law so that is truly responds to the practical needs and challenges of the protection of women’s rights and interests and the implementation of gender equality in the new era.展开更多
Ecosystem degradation and the loss of ecosystem services stem from multiple causes,requiring coordinated and diverse policies,legislation,and institutional responses to effectively address them.An understanding of the...Ecosystem degradation and the loss of ecosystem services stem from multiple causes,requiring coordinated and diverse policies,legislation,and institutional responses to effectively address them.An understanding of the policies,legislation,and institutions governing ecosystem services can enhance the sustained management and provision of ecosystem services.Therefore,this work appraises the policies,legislation and institutional provisions made by the government of Nepal.In addition,this study analyzes policy implications and identifies gaps and barriers that hinder future improvements in the management of ecosystem services.Altogether,63 documents comprising 45 policies and 18 legislations promulgated by the government of Nepal have been assessed for content analysis.Twenty Key Informant Interviews(KIIs)have also been conducted to obtain expert insights about the gaps in policy formulation and implementation.The results indicate that though several sectoral policies and legislations have made provision on management of ecosystem and its services implicitly or explicitly,still there is lacking of overarching framework to deal with ecosystem services.Overlapping roles and responsibilities outlined in the constitution,policies,and legislation,coupled with weak enforcement and lack of multisectoral coordination mechanism,are significant obstacles to effective policy implementation.Therefore,there is a need to develop an overarching national framework backed up by legislation with a strong multisectoral coordination mechanism that will adopt a holistic and multidisciplinary approach to the sustained management and provision of the ecosystem and its services.展开更多
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
This paper overviews the governmental decrees, departmental rules, as well as local regulations of China formulated since 1989 when the City Planning Law of the People's Republic of China was issued. Then it point...This paper overviews the governmental decrees, departmental rules, as well as local regulations of China formulated since 1989 when the City Planning Law of the People's Republic of China was issued. Then it points out the problems existing in the current laws, decrees, and regulations, based on which it puts forward some suggestions to improve the legislation system of urban-rural planning of China.展开更多
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
Product quality law refers to the combination of various economical relationships and legal norms in the process of production,circulation and administration.It combines the operation of the market with the state supe...Product quality law refers to the combination of various economical relationships and legal norms in the process of production,circulation and administration.It combines the operation of the market with the state supervision.Studying on the legislation style will be of theoretical and practical significance.展开更多
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
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
Mine reclamation bonds are used in countries with mineral mining to ensure that reclamation of the mined area is completed. The United States, Canada, and Australia are countries with established mine reclamation bond...Mine reclamation bonds are used in countries with mineral mining to ensure that reclamation of the mined area is completed. The United States, Canada, and Australia are countries with established mine reclamation bond programs, with the United States coal system having been in place since 1977. China implemented a bonding system in 1998 and by 2013 all 31 provinces had established a system. An effective bonding system must be conditioned on fair and enforceable nationwide reclamation standard, stimulate companies to conduct reclamation by forming economic incentives rather than penalties that become a liability, and allow for full public participation. Based on these principles, this paper compares seven important factors for a successful reclamation bonding system： laws and regulations, administrative authority, bond types, bond size, calculation method, bond release, and public participation. The results show variation in policies and procedures for bonding among countries. Using principles and policies primarily from the United States, China should establish a national reclamation bonding system with legislation that forms a national authority to oversee and enforce reclamation standards and bond requirements. In addition, China can expand bond financial types and strategies, set the size of reclamation bonds at the level of a third-party reclamation cost, and set unified standards for calculation. Phased bond release should be established with specific reclamation criteria for each phase of release. Finally, bonding regulations should clearly identify opportunities for full public participation in the process.展开更多
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
Under the employment model of online car-hailing platforms,the extension of working hours and increase of labor intensity for practitioners are driven by the orders from these platform companies and labor-related thir...Under the employment model of online car-hailing platforms,the extension of working hours and increase of labor intensity for practitioners are driven by the orders from these platform companies and labor-related third parties.Also,they are more attributable to the internal driving force of practitioners themselves who hope to have more orders and earn more.It is impossible to apply the regulation system of the existing labor law to protect the rights and interests of employees in terms of working hours and labor intensity.The author suggests that the state should make special labor legislation to make the following targeted provisions:Online car-hailing platform companies and labor-related third parties that implement labor management and control over practitioners shall,on the premise of abiding by labor standards and industry rules,set various reasonable indicators of working hours and labor intensity through rules and take effective technical measures to control these two dimensions,so that practitioners can avoid serious overwork.Besides,by encouraging the provision of certain convenience for practitioners to take intermittent breaks,jointly building a compatibility system for different online car-hailing platforms,and establishing relevant operating rules,we can restrain practitioners from being seriously overworked.This is actually a multi-cooperative boosting legislative regulation approach.展开更多
In the historical period of the all-round deepening reform,China has entered a new era of“deepening the practice of governing the country by law”.With the fifth amendment of the Constitution,the legislative power of...In the historical period of the all-round deepening reform,China has entered a new era of“deepening the practice of governing the country by law”.With the fifth amendment of the Constitution,the legislative power of local government has been further confirmed.The expansion of local legislative power has put forward new requirements for the legislative quality,and the pre-legislative evaluation system has thus come into being.The deficiency of the design of the pre-legislative evaluation system in Article 39 of The Legislative Law makes certain problems in the detailed rules of implementation,the subject of evaluation,the object of evaluation and the personnel of the pre-legislative evaluation system in China.Therefore,it is the only way to perfect the pre-legislative evaluation system in China to formulate a national pre-legislative evaluation implementation rules,define the subject of third-party evaluation,determine the scope of evaluation objects and select the suitable evaluation personnel.展开更多
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
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
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
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
文摘The Law on the Protection of Women’s Rights and interests has been amended twice since it was promulgated 1992,and it has formed a relatively complete legislation system together with relevant laws and regulations,accumulating experience of judicial application in practice.In the current proposed amendment of the Law on the Protection of Women’s Rights and interests,the main issues that should be considered are:First,the legislative purpose of this law should be reviewed to clarify the three legislative positions of the Law on Women’s Rights and interests,in terms of protection,practice and foundation.Second,it is necessary to grasp whether the text content is appropriate and rectify any defects in the existing text.Third,it should explore how to reform and implement specific systems from the micro perspective to improve the specific systems of women’s personal,property,and social rights and interests.Fourth,it should strengthen the systematic interaction with other norms at different levels and implement the principle of gender equality stipulated in the Constitution of the People’s Republic of China.Fifth,attention should be paid to the necessity of invoking the Law in judicial practice,the possibility of operation and the effectiveness of enforcement.The proposed amendment of the Law on the Protection of Women’s Rights and interests should also sum up the experience of local legislation and judicial decisions and improve the quality of judicial application of the law so that is truly responds to the practical needs and challenges of the protection of women’s rights and interests and the implementation of gender equality in the new era.
基金the support of the Second Tibetan Plateau Scientific Expedition and Research(Grant No.2019QZKK0603)the National Natural Science Foundation of China(NSFC)(Grant No.42250410329)the President’s International Fellowship Initiative(PIFI)for Visiting Scientists of the Chinese Academy of Sciences(Grants No.2021VCA0005 and 2023VCC0005)。
文摘Ecosystem degradation and the loss of ecosystem services stem from multiple causes,requiring coordinated and diverse policies,legislation,and institutional responses to effectively address them.An understanding of the policies,legislation,and institutions governing ecosystem services can enhance the sustained management and provision of ecosystem services.Therefore,this work appraises the policies,legislation and institutional provisions made by the government of Nepal.In addition,this study analyzes policy implications and identifies gaps and barriers that hinder future improvements in the management of ecosystem services.Altogether,63 documents comprising 45 policies and 18 legislations promulgated by the government of Nepal have been assessed for content analysis.Twenty Key Informant Interviews(KIIs)have also been conducted to obtain expert insights about the gaps in policy formulation and implementation.The results indicate that though several sectoral policies and legislations have made provision on management of ecosystem and its services implicitly or explicitly,still there is lacking of overarching framework to deal with ecosystem services.Overlapping roles and responsibilities outlined in the constitution,policies,and legislation,coupled with weak enforcement and lack of multisectoral coordination mechanism,are significant obstacles to effective policy implementation.Therefore,there is a need to develop an overarching national framework backed up by legislation with a strong multisectoral coordination mechanism that will adopt a holistic and multidisciplinary approach to the sustained management and provision of the ecosystem and its services.
文摘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.
文摘This paper overviews the governmental decrees, departmental rules, as well as local regulations of China formulated since 1989 when the City Planning Law of the People's Republic of China was issued. Then it points out the problems existing in the current laws, decrees, and regulations, based on which it puts forward some suggestions to improve the legislation system of urban-rural planning of China.
文摘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.
文摘Product quality law refers to the combination of various economical relationships and legal norms in the process of production,circulation and administration.It combines the operation of the market with the state supervision.Studying on the legislation style will be of theoretical and practical significance.
基金supported by the CAMS Innovation Fund for Medical Sciences[CIFMS2016-12M-3-001]the China Medical Board Strengthen Capacity of Study and Application on Burden of Disease in Health Care System of China-Establishment and Development of Chinese Burden of Disease Research and Dissemination Center[15-208]。
文摘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.
文摘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
文摘Mine reclamation bonds are used in countries with mineral mining to ensure that reclamation of the mined area is completed. The United States, Canada, and Australia are countries with established mine reclamation bond programs, with the United States coal system having been in place since 1977. China implemented a bonding system in 1998 and by 2013 all 31 provinces had established a system. An effective bonding system must be conditioned on fair and enforceable nationwide reclamation standard, stimulate companies to conduct reclamation by forming economic incentives rather than penalties that become a liability, and allow for full public participation. Based on these principles, this paper compares seven important factors for a successful reclamation bonding system： laws and regulations, administrative authority, bond types, bond size, calculation method, bond release, and public participation. The results show variation in policies and procedures for bonding among countries. Using principles and policies primarily from the United States, China should establish a national reclamation bonding system with legislation that forms a national authority to oversee and enforce reclamation standards and bond requirements. In addition, China can expand bond financial types and strategies, set the size of reclamation bonds at the level of a third-party reclamation cost, and set unified standards for calculation. Phased bond release should be established with specific reclamation criteria for each phase of release. Finally, bonding regulations should clearly identify opportunities for full public participation in the process.
文摘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.
基金the final result of the general topic of the National Rule of Law and Law Science The-oretical Research Project launched by the Ministry of Justice of the PRC,“Challenges Posed by the Sharing Economy to Labor Law and Social Insurance Law and Corresponding Solutions”(19SFB2050)the funded result of the“CUPL Emerging Discipline Creation and Construction Program”
文摘Under the employment model of online car-hailing platforms,the extension of working hours and increase of labor intensity for practitioners are driven by the orders from these platform companies and labor-related third parties.Also,they are more attributable to the internal driving force of practitioners themselves who hope to have more orders and earn more.It is impossible to apply the regulation system of the existing labor law to protect the rights and interests of employees in terms of working hours and labor intensity.The author suggests that the state should make special labor legislation to make the following targeted provisions:Online car-hailing platform companies and labor-related third parties that implement labor management and control over practitioners shall,on the premise of abiding by labor standards and industry rules,set various reasonable indicators of working hours and labor intensity through rules and take effective technical measures to control these two dimensions,so that practitioners can avoid serious overwork.Besides,by encouraging the provision of certain convenience for practitioners to take intermittent breaks,jointly building a compatibility system for different online car-hailing platforms,and establishing relevant operating rules,we can restrain practitioners from being seriously overworked.This is actually a multi-cooperative boosting legislative regulation approach.
基金This article is the initial result of the 2017 general planning project of philosophy and social science of Guizhou Provincial Department of Education——“Study on Guizhou Local Legislative Evaluation System”(Project Number:2017GH15)the 2018 youth fund project of humanities and social sciences research of the Ministry of Education—“Study on the Value Conflicts in the Implementation of the Constitution and Its Settlement Mechanism”(Project Number:18YJC820039)
文摘In the historical period of the all-round deepening reform,China has entered a new era of“deepening the practice of governing the country by law”.With the fifth amendment of the Constitution,the legislative power of local government has been further confirmed.The expansion of local legislative power has put forward new requirements for the legislative quality,and the pre-legislative evaluation system has thus come into being.The deficiency of the design of the pre-legislative evaluation system in Article 39 of The Legislative Law makes certain problems in the detailed rules of implementation,the subject of evaluation,the object of evaluation and the personnel of the pre-legislative evaluation system in China.Therefore,it is the only way to perfect the pre-legislative evaluation system in China to formulate a national pre-legislative evaluation implementation rules,define the subject of third-party evaluation,determine the scope of evaluation objects and select the suitable evaluation personnel.
文摘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.
文摘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.
基金the staged achievement of National Social Science Project(15CFX053)supported by scientific research project of SWPU(2017RW010)funded by the Chinese Scholarship Council and the Energy Law Research Team of SWPU(2018CXTD13)
文摘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.
基金supported by the Chinese Fund for the Humanities and Social Sciences(15ZDB177).
文摘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.
