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
The inconsistency and disharmony in China’s environmental legal system are seriously undermining the authority and effectiveness of environmental laws, making it hard to achieve the national environmental legislative...The inconsistency and disharmony in China’s environmental legal system are seriously undermining the authority and effectiveness of environmental laws, making it hard to achieve the national environmental legislative goals. It is found in this study that at least 18 administrative regulations and rules conflict with the five recently-revised environmental laws. The legislative vacancy rate of province-level environmental laws reaches 27.8%, and that of city-level environmental laws in the major cities reaches 59.7%. Besides, 66% of the local including both province-level and city-level environmental laws have the problem of legislative lags, with an average lag of 2547.8 days. In addition, there are many legal conflicts between national environmental laws and local environmental laws. In order to help China to build a harmonious and unified environmental legal system, some suggestions are proposed in this study, including comprehensively examining the lower-level environmental laws, strengthening the leading role of local people’s congresses in environmental legislation, improving the construction of filing and review mechanism, and optimizing the mechanisms for information disclosure and public participation.展开更多
The legislative disclosure system is one of the important parts of the amendment of the Legislation Law in 2015. This shows that the role of the legislative disclosure system in improving the quality of legislation is...The legislative disclosure system is one of the important parts of the amendment of the Legislation Law in 2015. This shows that the role of the legislative disclosure system in improving the quality of legislation is catching more and more attention. Apart from the Legislation Law, local regulations of provinces and municipalities have also made a positive contribution to the perfection of the legislative disclosure system, leading the Legislation Law in many specific processes and specific measures, and playing the role of legislative exploration and experimentation. To summarize the new development of the legislative disclosure system on the part of the Legislation Law and local legislative practice is of important theoretical and practical value for promoting the continued maturity and improvement of this important legislative system.展开更多
Domestic violence is a serious threat to the basic human rights of family members,especially victimized women.In order to effectively prevent domestic violence,the criminal law needs to respond in an appropriate and t...Domestic violence is a serious threat to the basic human rights of family members,especially victimized women.In order to effectively prevent domestic violence,the criminal law needs to respond in an appropriate and timely manner.However,the traditional criminal governance model suffers from the problem of the lagging involvement of public power.At the same time,the public-private partnership governance model,based on the personal safety protection order system stipulated in the Anti-domestic Violence Law of the People's Republic of China,is also flawed in its institutional design and specific implementation.The criminal governance model for domestic violence should be guided by the view of positive criminal law,and the governance path should be furtheroptimized from two aspects:strengthening the foundation of the public-private cooperation governance model and deepeningthe criminal-civil interface.This will help to fully protect the legitimate rights and interests of victims of domestic violence.展开更多
The reform stems from honesty and determination. Since 2005, organ donation and transplantation in China has undergone thorough reform, which complies with legislation requirements and ethical principles established b...The reform stems from honesty and determination. Since 2005, organ donation and transplantation in China has undergone thorough reform, which complies with legislation requirements and ethical principles established by the World Health Organization(WHO). Reform in China has demonstrated the unwavering confidence and utmost determination of the Chinese government and the Chinese transplantation community. The year 2015 marked a historic turning point when voluntary donations from Chinese citizens became the sole legitimate source for organ transplantation. Since 2015, China has gradually established and refined the “Chinese Mode” and “China System” for organ donation and transplantation, fulfilling its political pledge of reform, and has garnered international recognition, and fostered a social culture which promotes organ donation. This article reviewed the history of reform on organ donation and transplantation in China, presented a new pattern of establishment of organ donation system in the new era of the country, and the direction of advances in the future.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
Promoting environmental sustainability in South Africa’s cities through public participation is vital for foster-ing inclusive governance and equitable decision-making.Currently,63%of South Africa’s population—and ...Promoting environmental sustainability in South Africa’s cities through public participation is vital for foster-ing inclusive governance and equitable decision-making.Currently,63%of South Africa’s population—and 64%of its youth—live in urban areas,with this figure expected to rise to nearly 80%by 2050.Rapid urbanisation brings significant environmental challenges,including air and noise pollution,greenhouse gas(GHG)emissions,and inadequate waste management.Globally,cities contribute over 70%of GHG emissions and consume two-thirds of the world’s energy.South African cities face similar issues:worsening air quality in regions like the Highveld,water scarcity,urban flooding,waste management problems,and biodiversity loss due to urban sprawl.This article explores how South Africa’s consti-tutional and legislative frameworks support public participation in promoting urban environmental sustainability.Using doctrinal research,it examines key legal instruments—including the Constitution and environmental laws—that establish participatory rights and promote transparency,accountability,and inclusivity.The article draws on court decisions and case studies to highlight ongoing barriers to meaningful participation,particularly for marginalised communities.These include administrative inefficiencies,political interference,and unequal access to information and resources.The article concludes by proposing strategies such as capacity-building initiatives,the integration of traditional knowledge systems,and enhanced institutional coordination to strengthen public participation and improve urban environmental outcomes,addressing both global environmental pressures and South Africa’s unique urban sustainability challenges.展开更多
Non-selective hunting of waterbirds poses a significant challenge in biodiversity-rich areas such as Important Bird Areas (IBAs), where protected and game species congregate. Here, we present evidence from three conse...Non-selective hunting of waterbirds poses a significant challenge in biodiversity-rich areas such as Important Bird Areas (IBAs), where protected and game species congregate. Here, we present evidence from three consecutive hunting seasons spanning autumn 2021 to spring 2024 at a Natura 2000 site in western Poland, based on analyses of hunting bag photographs, local hunting records, and standardized bird monitoring data. We recorded 1331 hunted individuals from 14 species, 43% of which are protected under national or EU legislation. Among these was the Vulnerable Common Pochard (Aythya ferina), listed on the IUCN Red List. For nearly all species, harvest rates exceeded the sustainable thresholds defined by BirdLife International. Statistical comparisons between species' environmental abundance and their representation in hunting bags indicated no selectivity in shooting, pointing to indiscriminate hunting practices. Simultaneous waterbird monitoring (2018–2024) revealed steep declines in the local waterbird community and a marked decrease in Common Crane (Grus grus) numbers, with average autumn roost counts dropping from over 2000 individuals prior to hunting to 320 during hunting seasons. Although causality cannot be directly confirmed, these patterns suggest substantial disturbance effects. Our findings demonstrate the impracticality of selective hunting in species-rich wetland refuges and highlight the systematic killing of protected species. We recommend banning waterbird hunting in IBAs and implementing mandatory bird identification training and certification for hunters to reduce unintended impacts on vulnerable species.展开更多
Reproductive medicine has been transformed by assisted reproductive technologies(ART),providing multiple options for infertile couples to conceive biological offspring.The medical and legal frameworks,governing the pr...Reproductive medicine has been transformed by assisted reproductive technologies(ART),providing multiple options for infertile couples to conceive biological offspring.The medical and legal frameworks,governing the practice of embryologists in ART,focus on the ethical and safe handling of gametes and embryos.Embryologists play a crucial role in the success of ART procedures,requiring technical expertise and a thorough understanding of legal and ethical considerations.The importance of quality control,safety protocols,and sterility in ART laboratories is essential to ensure optimal embryo development and patient well-being.The legal responsibilities of an embryologist under the Assisted Reproductive Technology(Regulation)Act,2021 in India are required.This review emphasizes the importance of record-keeping,patient confidentiality,informed consent,and adherence to legal and ethical standards to minimize the risk of malpractice claims.Overall,this narrative review provides a detailed overview of the medical,legal,and ethical frameworks governing embryologists'practice in ART,underscoring the significance of responsible and ethical conduct in this rapidly advancing field.展开更多
Li Dazhao dedicated his whole life to advocating for legal rights,and his human rights theory and practice unfolded in the context of the International Labour Organization and the League of Nations from 1919 to 1920.H...Li Dazhao dedicated his whole life to advocating for legal rights,and his human rights theory and practice unfolded in the context of the International Labour Organization and the League of Nations from 1919 to 1920.His human rights activities encompassed both theoretical exploration and practical participation.In his early political commentary,Li Dazhao extensively discussed civil and political rights.Such terms as constitutionalism,democracy,freedom,separation of powers,political parties,speech,equality,elections,and political participation frequently appeared in his writings and were incorporated into his constitutional studies.After embracing Marxism,he paid greater attention to women’s political participation,labor movements,labor-capital relations,and labor legislation,actively supporting their rights movements.National self-determination was also a significant component of his human rights theory and practice.He focused on national issues,explored comparative studies of Chinese and Western cultures,and advocated for the right to national self-determination.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
Legal language is a pretty formal language.As part of legal language,legislative language has all the basic features of legal language and legislative language has an accurate,plain,solemn,rigorous style.People interp...Legal language is a pretty formal language.As part of legal language,legislative language has all the basic features of legal language and legislative language has an accurate,plain,solemn,rigorous style.People interprete legislative language and act in accordance with laws.On the contrary,behaviors and certain events also influence the characteristics of legislative language,even trigger some conflicts with it.Confronted with some advantaged influence,legislators have to make some compromises or change the characteristics of legislative language.However,legislators should adhere to remain represantations of laws to resist disadvantaged impacts.As a result,it is need to research how behaviors and certain events influence legislative language.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
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
Global climate change has swept across every nation,community,business,and individual on the planet. It is essential to find a fundamental solution to address climate change from a broader perspective. Climate change ...Global climate change has swept across every nation,community,business,and individual on the planet. It is essential to find a fundamental solution to address climate change from a broader perspective. Climate change legislation should followthe principle of the sustainable development,polluter pays principle,the principle of the common but differentiated responsibilities as well as the principle of subsidiarity. Under the guidance of the four basic principles of legislation,the international field should build the legal system of the global climate governance,China should formulate special"the act of addressing climate change".展开更多
Complementary and alternative medicine(CAM)is a set of different diagnostic and therapeutic procedures,as well as the use of natural products for the treatment of patients,derived from previously known traditional met...Complementary and alternative medicine(CAM)is a set of different diagnostic and therapeutic procedures,as well as the use of natural products for the treatment of patients,derived from previously known traditional methods and enriched with modern scientific knowledge.The present article reviews the available data regarding the use of CAM and the legislation behind it in European countries.The use of CAM is recorded in Europe as a whole and varies between 1070%of the population of individual European countries.At least 300,000 registered CAM providers have been identified in the European Union(EU),of which slightly more than half includes non-medical practitioners.The most practiced discipline is acupuncture,followed by homeopathy.CAM regulation and legislation in Europe is not precisely defined and is constantly striving to find a common approach.Since legal frameworks for CAM are not defined,each European country has its own regulations and legislation.In order to define universal legislation for CAM,the EU created the CAMbrella project,a project of the EU designed to find a unique system that would include the treatment of CAM in Europe.According to the data from CAMbrella,from 39 countries in the EU,17 have general CAM legislations.The status of CAM in Europe is characterized by enormous heterogeneity in all aspects,including terminology,methods,prevalence and ultimately,legal status,regulations and legislation.展开更多
In the big data era,the pursuit of the right to be forgotten arises from the data subject’s desire to request the removal of his/her personal data.Although the right to be forgotten is hotly debated at the global lev...In the big data era,the pursuit of the right to be forgotten arises from the data subject’s desire to request the removal of his/her personal data.Although the right to be forgotten is hotly debated at the global level,there is a paucity of research into the legislative process of this right.This study aims to scrutinize how legislation on the right to be forgotten evolves in different countries.First,the origin and development of the right to be forgotten are expounded by analyzing the legislation on and the major legislative interpretation of the right.Second,the elements of this right are determined and examined by dissecting the right.Last but not least,the nature of this right is probed into and illustrated.It is found that the soundness of a legal framework for data protection varies from country to country,which indicates that the institutional basis for the right to be forgotten differs markedly.Thereby,countries shall decide whether to legislate to protect the right to be forgotten based on their practicalities.Moreover,according to Article 17 of the General Data Protection Regulation(GDPR),the right to be forgotten is composed of the subject of right(data subject),the subject of obligation(data controller),the object of right(personal data),and the content of right(all links to the personal data,etc.,must be deleted by the subject of obligation at the request of the subject of right).Furthermore,there are three typical views about the nature of this right based on scholars’divergent opinions on the relationship among the right to be forgotten,personality rights,rights in personal information,and the right to privacy.It is concluded that countries that do not enjoy mature legislative conditions should not grant the right to be forgotten legal status,although it has been enshrined in law by partial countries with sound legal systems.In addition,the defects in the right’s four elements remain to be remedied before it could be legally acknowledged.Finally,the right to be forgotten,in terms of its nature,should be classified as rights in personal information,which are part of personality rights.展开更多
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The inconsistency and disharmony in China’s environmental legal system are seriously undermining the authority and effectiveness of environmental laws, making it hard to achieve the national environmental legislative goals. It is found in this study that at least 18 administrative regulations and rules conflict with the five recently-revised environmental laws. The legislative vacancy rate of province-level environmental laws reaches 27.8%, and that of city-level environmental laws in the major cities reaches 59.7%. Besides, 66% of the local including both province-level and city-level environmental laws have the problem of legislative lags, with an average lag of 2547.8 days. In addition, there are many legal conflicts between national environmental laws and local environmental laws. In order to help China to build a harmonious and unified environmental legal system, some suggestions are proposed in this study, including comprehensively examining the lower-level environmental laws, strengthening the leading role of local people’s congresses in environmental legislation, improving the construction of filing and review mechanism, and optimizing the mechanisms for information disclosure and public participation.
文摘The legislative disclosure system is one of the important parts of the amendment of the Legislation Law in 2015. This shows that the role of the legislative disclosure system in improving the quality of legislation is catching more and more attention. Apart from the Legislation Law, local regulations of provinces and municipalities have also made a positive contribution to the perfection of the legislative disclosure system, leading the Legislation Law in many specific processes and specific measures, and playing the role of legislative exploration and experimentation. To summarize the new development of the legislative disclosure system on the part of the Legislation Law and local legislative practice is of important theoretical and practical value for promoting the continued maturity and improvement of this important legislative system.
基金a phased achievement of the Tianjin Philosophy and Social Science Planning Project“Systematic Study on the Justified Exoneration”(Project Number TJFXQN20-001)supported by the Fundamental Research Funds for the Central Universities“Research on Criminal Law Regulation of Family Offenses”(Project Number 63222047)。
文摘Domestic violence is a serious threat to the basic human rights of family members,especially victimized women.In order to effectively prevent domestic violence,the criminal law needs to respond in an appropriate and timely manner.However,the traditional criminal governance model suffers from the problem of the lagging involvement of public power.At the same time,the public-private partnership governance model,based on the personal safety protection order system stipulated in the Anti-domestic Violence Law of the People's Republic of China,is also flawed in its institutional design and specific implementation.The criminal governance model for domestic violence should be guided by the view of positive criminal law,and the governance path should be furtheroptimized from two aspects:strengthening the foundation of the public-private cooperation governance model and deepeningthe criminal-civil interface.This will help to fully protect the legitimate rights and interests of victims of domestic violence.
文摘The reform stems from honesty and determination. Since 2005, organ donation and transplantation in China has undergone thorough reform, which complies with legislation requirements and ethical principles established by the World Health Organization(WHO). Reform in China has demonstrated the unwavering confidence and utmost determination of the Chinese government and the Chinese transplantation community. The year 2015 marked a historic turning point when voluntary donations from Chinese citizens became the sole legitimate source for organ transplantation. Since 2015, China has gradually established and refined the “Chinese Mode” and “China System” for organ donation and transplantation, fulfilling its political pledge of reform, and has garnered international recognition, and fostered a social culture which promotes organ donation. This article reviewed the history of reform on organ donation and transplantation in China, presented a new pattern of establishment of organ donation system in the new era of the country, and the direction of advances in the future.
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.
基金supported by the National Research Foundation(NRF)of South Africa grant number[115581].
文摘Promoting environmental sustainability in South Africa’s cities through public participation is vital for foster-ing inclusive governance and equitable decision-making.Currently,63%of South Africa’s population—and 64%of its youth—live in urban areas,with this figure expected to rise to nearly 80%by 2050.Rapid urbanisation brings significant environmental challenges,including air and noise pollution,greenhouse gas(GHG)emissions,and inadequate waste management.Globally,cities contribute over 70%of GHG emissions and consume two-thirds of the world’s energy.South African cities face similar issues:worsening air quality in regions like the Highveld,water scarcity,urban flooding,waste management problems,and biodiversity loss due to urban sprawl.This article explores how South Africa’s consti-tutional and legislative frameworks support public participation in promoting urban environmental sustainability.Using doctrinal research,it examines key legal instruments—including the Constitution and environmental laws—that establish participatory rights and promote transparency,accountability,and inclusivity.The article draws on court decisions and case studies to highlight ongoing barriers to meaningful participation,particularly for marginalised communities.These include administrative inefficiencies,political interference,and unequal access to information and resources.The article concludes by proposing strategies such as capacity-building initiatives,the integration of traditional knowledge systems,and enhanced institutional coordination to strengthen public participation and improve urban environmental outcomes,addressing both global environmental pressures and South Africa’s unique urban sustainability challenges.
文摘Non-selective hunting of waterbirds poses a significant challenge in biodiversity-rich areas such as Important Bird Areas (IBAs), where protected and game species congregate. Here, we present evidence from three consecutive hunting seasons spanning autumn 2021 to spring 2024 at a Natura 2000 site in western Poland, based on analyses of hunting bag photographs, local hunting records, and standardized bird monitoring data. We recorded 1331 hunted individuals from 14 species, 43% of which are protected under national or EU legislation. Among these was the Vulnerable Common Pochard (Aythya ferina), listed on the IUCN Red List. For nearly all species, harvest rates exceeded the sustainable thresholds defined by BirdLife International. Statistical comparisons between species' environmental abundance and their representation in hunting bags indicated no selectivity in shooting, pointing to indiscriminate hunting practices. Simultaneous waterbird monitoring (2018–2024) revealed steep declines in the local waterbird community and a marked decrease in Common Crane (Grus grus) numbers, with average autumn roost counts dropping from over 2000 individuals prior to hunting to 320 during hunting seasons. Although causality cannot be directly confirmed, these patterns suggest substantial disturbance effects. Our findings demonstrate the impracticality of selective hunting in species-rich wetland refuges and highlight the systematic killing of protected species. We recommend banning waterbird hunting in IBAs and implementing mandatory bird identification training and certification for hunters to reduce unintended impacts on vulnerable species.
文摘Reproductive medicine has been transformed by assisted reproductive technologies(ART),providing multiple options for infertile couples to conceive biological offspring.The medical and legal frameworks,governing the practice of embryologists in ART,focus on the ethical and safe handling of gametes and embryos.Embryologists play a crucial role in the success of ART procedures,requiring technical expertise and a thorough understanding of legal and ethical considerations.The importance of quality control,safety protocols,and sterility in ART laboratories is essential to ensure optimal embryo development and patient well-being.The legal responsibilities of an embryologist under the Assisted Reproductive Technology(Regulation)Act,2021 in India are required.This review emphasizes the importance of record-keeping,patient confidentiality,informed consent,and adherence to legal and ethical standards to minimize the risk of malpractice claims.Overall,this narrative review provides a detailed overview of the medical,legal,and ethical frameworks governing embryologists'practice in ART,underscoring the significance of responsible and ethical conduct in this rapidly advancing field.
基金a research result of the“Research on Li Dazhao’s Legal Thoughts,”a general project of the Li Dazhao Research Association of China in 2022(Project Number 2022YBXM01).
文摘Li Dazhao dedicated his whole life to advocating for legal rights,and his human rights theory and practice unfolded in the context of the International Labour Organization and the League of Nations from 1919 to 1920.His human rights activities encompassed both theoretical exploration and practical participation.In his early political commentary,Li Dazhao extensively discussed civil and political rights.Such terms as constitutionalism,democracy,freedom,separation of powers,political parties,speech,equality,elections,and political participation frequently appeared in his writings and were incorporated into his constitutional studies.After embracing Marxism,he paid greater attention to women’s political participation,labor movements,labor-capital relations,and labor legislation,actively supporting their rights movements.National self-determination was also a significant component of his human rights theory and practice.He focused on national issues,explored comparative studies of Chinese and Western cultures,and advocated for the right to national self-determination.
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.
文摘Legal language is a pretty formal language.As part of legal language,legislative language has all the basic features of legal language and legislative language has an accurate,plain,solemn,rigorous style.People interprete legislative language and act in accordance with laws.On the contrary,behaviors and certain events also influence the characteristics of legislative language,even trigger some conflicts with it.Confronted with some advantaged influence,legislators have to make some compromises or change the characteristics of legislative language.However,legislators should adhere to remain represantations of laws to resist disadvantaged impacts.As a result,it is need to research how behaviors and certain events influence legislative language.
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.
基金a research result of "Jiangxi Provincial Planning Project of Social Science‘Research on the Allocation System of Natural Resources Rights’"(Project No.18FX08)"National Social Science Fund of China‘Research on the Reform of the Approval System for the Allocation of State-owned Natural Resources’"(Project No.17BFX085)supported by"Youth Elite Project of Jiangxi Normal University"
文摘Global climate change has swept across every nation,community,business,and individual on the planet. It is essential to find a fundamental solution to address climate change from a broader perspective. Climate change legislation should followthe principle of the sustainable development,polluter pays principle,the principle of the common but differentiated responsibilities as well as the principle of subsidiarity. Under the guidance of the four basic principles of legislation,the international field should build the legal system of the global climate governance,China should formulate special"the act of addressing climate change".
文摘Complementary and alternative medicine(CAM)is a set of different diagnostic and therapeutic procedures,as well as the use of natural products for the treatment of patients,derived from previously known traditional methods and enriched with modern scientific knowledge.The present article reviews the available data regarding the use of CAM and the legislation behind it in European countries.The use of CAM is recorded in Europe as a whole and varies between 1070%of the population of individual European countries.At least 300,000 registered CAM providers have been identified in the European Union(EU),of which slightly more than half includes non-medical practitioners.The most practiced discipline is acupuncture,followed by homeopathy.CAM regulation and legislation in Europe is not precisely defined and is constantly striving to find a common approach.Since legal frameworks for CAM are not defined,each European country has its own regulations and legislation.In order to define universal legislation for CAM,the EU created the CAMbrella project,a project of the EU designed to find a unique system that would include the treatment of CAM in Europe.According to the data from CAMbrella,from 39 countries in the EU,17 have general CAM legislations.The status of CAM in Europe is characterized by enormous heterogeneity in all aspects,including terminology,methods,prevalence and ultimately,legal status,regulations and legislation.
文摘In the big data era,the pursuit of the right to be forgotten arises from the data subject’s desire to request the removal of his/her personal data.Although the right to be forgotten is hotly debated at the global level,there is a paucity of research into the legislative process of this right.This study aims to scrutinize how legislation on the right to be forgotten evolves in different countries.First,the origin and development of the right to be forgotten are expounded by analyzing the legislation on and the major legislative interpretation of the right.Second,the elements of this right are determined and examined by dissecting the right.Last but not least,the nature of this right is probed into and illustrated.It is found that the soundness of a legal framework for data protection varies from country to country,which indicates that the institutional basis for the right to be forgotten differs markedly.Thereby,countries shall decide whether to legislate to protect the right to be forgotten based on their practicalities.Moreover,according to Article 17 of the General Data Protection Regulation(GDPR),the right to be forgotten is composed of the subject of right(data subject),the subject of obligation(data controller),the object of right(personal data),and the content of right(all links to the personal data,etc.,must be deleted by the subject of obligation at the request of the subject of right).Furthermore,there are three typical views about the nature of this right based on scholars’divergent opinions on the relationship among the right to be forgotten,personality rights,rights in personal information,and the right to privacy.It is concluded that countries that do not enjoy mature legislative conditions should not grant the right to be forgotten legal status,although it has been enshrined in law by partial countries with sound legal systems.In addition,the defects in the right’s four elements remain to be remedied before it could be legally acknowledged.Finally,the right to be forgotten,in terms of its nature,should be classified as rights in personal information,which are part of personality rights.
