In the report of 19;National Congress of the Communist Party of China,General Secretary Xi Jinping said that China seeks to"accelerate development of the crime prevention and control system,combat and punish in a...In the report of 19;National Congress of the Communist Party of China,General Secretary Xi Jinping said that China seeks to"accelerate development of the crime prevention and control system,combat and punish in accordance with law all illegal and criminal activities such as pornography,gambling,drug abuse,gang violence,kidnapping,and fraud,and protect people’s personal rights,property rights,and right展开更多
Article 51 of the Constitution of China stipulates that“When exercising their freedoms and rights,citizens of the People’s Republic of China shall not undermine the interests of the state,society or collectives,or i...Article 51 of the Constitution of China stipulates that“When exercising their freedoms and rights,citizens of the People’s Republic of China shall not undermine the interests of the state,society or collectives,or infringe upon the lawful freedoms and rights of other citizens.”The mainstream academic view holds that Article 51 of the Constitution is a general restrictive clause on fundamental rights.Nevertheless,from the perspectives of literal meaning,systematic interpretation and original intent,Article 51,rather than emphasizing the restriction of fundamental rights,affirms the inherent limits of fundamental rights.Article 51 does not authorize legislators to restrict fundamental rights;instead,it stresses that citizens shall not abuse their fundamental rights.Article 51 implies that fundamental rights have intrinsic boundaries,and the exercise of fundamental rights beyond such boundaries may result in the deprivation of fundamental rights.展开更多
The logical sequence of China's state governance is"governing party--consultative conferences--people's congresses--the people."The"governing party--consultative conferences"link in the cha...The logical sequence of China's state governance is"governing party--consultative conferences--people's congresses--the people."The"governing party--consultative conferences"link in the chain involves political consultation through people's consultative conferences.The"governing party--consultative conferences--people's congresses"link involves a process of obtaining legitimacy for the Party's views based on political consultations which are then translated into the national will by the system of people's congresses.The"people's congresses--the people"link involves the two-pronged logic of elections and governing the country according to law.The"governing party--the people"link is an illustration of the party's mass line,which essentially involves social consultation.Consultative democracy usually includes the political consultation in the"governing party---consultative conferences"link and the social consultation in the"governing party--the people"link in the chain,both of which are connected through the system of people's congresses.This logically determines the inner relations between the Party's leadership,consultative democracy and the people's congress form of representative democracy and shapes the institutionalization of consultative democracy.That is,in the process of democratic decision-making,a circular system consisting of"political consultation--legislative consultation--social consultation"is created to guide development of the actual system.展开更多
The Fundamental Rights and Duties of Citizens Article 33. All persons holding the nationality of the People’s Republic of China are citizens of the People’s Republic of China. All citizens of the People’s Republic ...The Fundamental Rights and Duties of Citizens Article 33. All persons holding the nationality of the People’s Republic of China are citizens of the People’s Republic of China. All citizens of the People’s Republic of China are equal before the law. Every citizen is entitled to the rights and at the same time must perform the duties prescribed by the Constitution and the law.展开更多
The issue of linguistic planning, choice of variant for increasing in standard norm, the determination of official status of appropriate language in certain countries, has been a concern, as it was also the orientatio...The issue of linguistic planning, choice of variant for increasing in standard norm, the determination of official status of appropriate language in certain countries, has been a concern, as it was also the orientation of different linguistic studies. In this work, we will try to treat the process of linguistic planning and of the official status of languages in Kosova during 1999-2009. In this context we do not intend to exhaust of handling with this problem, but we will try to present some issues and problems in which languages in Kosova have passed through. This issue is interesting for studies in sociolinguistic field in general and particularly in Albanian language.展开更多
The women’s councils are an innovation advocated by the All-China women’s federation for women’s participation in social management and grassroots democracy.They are a beneficial exploration for women to participat...The women’s councils are an innovation advocated by the All-China women’s federation for women’s participation in social management and grassroots democracy.They are a beneficial exploration for women to participate in public affairs according to the law in accordance with Article 2 of the Constitution of the People’s Republic of China,and are a model of"the combination of autonomy,rule of law and rule of virtue."The women’s councils have aroused the enthusiasm of women to participate in public affairs,stimulated their autonomous vitality and creativity,and helped to solve the problems of women’s lack of representation and voice in decision-making.The process of deliberation is also the process of developing the awareness of rights,rules,consultation ability,the concept of the rule of law and even thinking about the rule of law.The women’s councils not only help to protect the rights and interests of women and children and promote women’s development,but also has unique value in enriching grassroots consultative democracy,developing grassroots mass autonomy,building a society ruled by law and promoting the implementation of the Constitution.we should therefore fully affirm,support and perfect the women’s councils so as to make it long-term,standardized and institutionalized.展开更多
The statutory reservation of fundamental rights is not a restriction on administrative power,but a directive and constraint on legislative power.From the perspective of the transformation of the functions of the Const...The statutory reservation of fundamental rights is not a restriction on administrative power,but a directive and constraint on legislative power.From the perspective of the transformation of the functions of the Constitution,the formation and evolution of constitutional texts,and the development of the implementing mechanisms of the Constitution,it is necessary to change the approach to examination and scrutinize the statutory reservation of fundamental rights in the current Chinese Constitution from a normative dimension.The text of the Constitution adopts the structure of differentiated statutory reservations,covering general non-specific reservations,qualified reservations,non-reservations,content-forming reservations,and the special terms of the articles on property rights.The history of the Constitution’s formulation indicates that Article 51 of the Constitution of the People’s Republic of China does not constitute an obstacle to the construction of differentiated statutory reservations;its definition of the limiting reasons for fundamental rights without statutory reservations can be interpreted in a narrow sense,which thence enables both the application to fundamental rights of general non-specific reservations and qualified reservations and the highlighting of the normative significance of differentiated reservations.The system of differentiated statutory reservations can also provide guidance for resolving fundamental conflicts over rights and distinguishing the criteria for constitutional review of legislation.展开更多
The major challenge that the theory of constitutional change in contemporary United States faced is social movement, and its core concern is to balance and maintain legal and political authorities of the Constitution ...The major challenge that the theory of constitutional change in contemporary United States faced is social movement, and its core concern is to balance and maintain legal and political authorities of the Constitution through interpretation. At the descriptive level, the thoughts of liberal scholars of constitutional law who criticized the theory of originalism restored the true colors of social movement in acting on judicial interpretation of the Constitution in individual cases, thus summarized the rules of occurrence of such action, and put forward the theory of constitutional culture of the mechanism of action and that of the three-stages of action. At the prescriptive level, social movement is burdened with the ＂original sin＂ of political factions, and contrasted with the principle of republicanism in the constitutional era. During the Cold War period, pluralist theory linked social movement with the value of democracy, and began to accept its constitutional status. Moreover, given that the influence of social movement on judicial interpretation must be restricted in order to harmonize the conflict between political and legal authorities of the Constitution, both the pluralists and republicans put forward different schemes in response.展开更多
The Qi Yuling case is a crucial juncture in the study of “fundamental rights and private law” in China, yet relevant research is underpinned on two clues. The first is that the increasing interest in the “constitut...The Qi Yuling case is a crucial juncture in the study of “fundamental rights and private law” in China, yet relevant research is underpinned on two clues. The first is that the increasing interest in the “constitutionalization of private law” worldwide provides knowledge resources and reference materials for scholars in China;the second is the understanding and exploration of the judicial application of the Constitution since the 1980s. Among them, such concepts as “the Constitution has direct legal effect” and “the Constitution needs to be implemented by the people” could have directly affected the Qi Yuling case. Focusing on such topics as the case of Qi Yuling, judicial enforcement of the Constitution, and the compilation of the Civil Code, scholars discussed the ways and scope for inclu ding fundamental rights in private law based on their experience abroad. They also looked into specific issues, covering how fundamental rights affect civil acts and the private law effects fundamental rights like personality rights, equali ty rights, freedom of speech, and protection of personal information. In the context of promoting the full implementation of the Constitution in the new era, “fundamental rights and private law” is still a field with great potential in both practice and theory.展开更多
基金the phased achievement of the Ministry of Education’s 2015 major research project"Research on Human Rights Views and Human Rights Theory with Chinese Characteristics"(Project Number:15JZD007)
文摘In the report of 19;National Congress of the Communist Party of China,General Secretary Xi Jinping said that China seeks to"accelerate development of the crime prevention and control system,combat and punish in accordance with law all illegal and criminal activities such as pornography,gambling,drug abuse,gang violence,kidnapping,and fraud,and protect people’s personal rights,property rights,and right
文摘Article 51 of the Constitution of China stipulates that“When exercising their freedoms and rights,citizens of the People’s Republic of China shall not undermine the interests of the state,society or collectives,or infringe upon the lawful freedoms and rights of other citizens.”The mainstream academic view holds that Article 51 of the Constitution is a general restrictive clause on fundamental rights.Nevertheless,from the perspectives of literal meaning,systematic interpretation and original intent,Article 51,rather than emphasizing the restriction of fundamental rights,affirms the inherent limits of fundamental rights.Article 51 does not authorize legislators to restrict fundamental rights;instead,it stresses that citizens shall not abuse their fundamental rights.Article 51 implies that fundamental rights have intrinsic boundaries,and the exercise of fundamental rights beyond such boundaries may result in the deprivation of fundamental rights.
基金the result of a major project of the Central Marxist Theoretical Research and Development Projectthe National Social Science Foundation,"Comprehensively Promote Governance of the Country in Accordance with the Law"(2015MZD042)a major project of the National Social Science Foundation(14DC027
文摘The logical sequence of China's state governance is"governing party--consultative conferences--people's congresses--the people."The"governing party--consultative conferences"link in the chain involves political consultation through people's consultative conferences.The"governing party--consultative conferences--people's congresses"link involves a process of obtaining legitimacy for the Party's views based on political consultations which are then translated into the national will by the system of people's congresses.The"people's congresses--the people"link involves the two-pronged logic of elections and governing the country according to law.The"governing party--the people"link is an illustration of the party's mass line,which essentially involves social consultation.Consultative democracy usually includes the political consultation in the"governing party---consultative conferences"link and the social consultation in the"governing party--the people"link in the chain,both of which are connected through the system of people's congresses.This logically determines the inner relations between the Party's leadership,consultative democracy and the people's congress form of representative democracy and shapes the institutionalization of consultative democracy.That is,in the process of democratic decision-making,a circular system consisting of"political consultation--legislative consultation--social consultation"is created to guide development of the actual system.
文摘The Fundamental Rights and Duties of Citizens Article 33. All persons holding the nationality of the People’s Republic of China are citizens of the People’s Republic of China. All citizens of the People’s Republic of China are equal before the law. Every citizen is entitled to the rights and at the same time must perform the duties prescribed by the Constitution and the law.
文摘The issue of linguistic planning, choice of variant for increasing in standard norm, the determination of official status of appropriate language in certain countries, has been a concern, as it was also the orientation of different linguistic studies. In this work, we will try to treat the process of linguistic planning and of the official status of languages in Kosova during 1999-2009. In this context we do not intend to exhaust of handling with this problem, but we will try to present some issues and problems in which languages in Kosova have passed through. This issue is interesting for studies in sociolinguistic field in general and particularly in Albanian language.
文摘The women’s councils are an innovation advocated by the All-China women’s federation for women’s participation in social management and grassroots democracy.They are a beneficial exploration for women to participate in public affairs according to the law in accordance with Article 2 of the Constitution of the People’s Republic of China,and are a model of"the combination of autonomy,rule of law and rule of virtue."The women’s councils have aroused the enthusiasm of women to participate in public affairs,stimulated their autonomous vitality and creativity,and helped to solve the problems of women’s lack of representation and voice in decision-making.The process of deliberation is also the process of developing the awareness of rights,rules,consultation ability,the concept of the rule of law and even thinking about the rule of law.The women’s councils not only help to protect the rights and interests of women and children and promote women’s development,but also has unique value in enriching grassroots consultative democracy,developing grassroots mass autonomy,building a society ruled by law and promoting the implementation of the Constitution.we should therefore fully affirm,support and perfect the women’s councils so as to make it long-term,standardized and institutionalized.
文摘The statutory reservation of fundamental rights is not a restriction on administrative power,but a directive and constraint on legislative power.From the perspective of the transformation of the functions of the Constitution,the formation and evolution of constitutional texts,and the development of the implementing mechanisms of the Constitution,it is necessary to change the approach to examination and scrutinize the statutory reservation of fundamental rights in the current Chinese Constitution from a normative dimension.The text of the Constitution adopts the structure of differentiated statutory reservations,covering general non-specific reservations,qualified reservations,non-reservations,content-forming reservations,and the special terms of the articles on property rights.The history of the Constitution’s formulation indicates that Article 51 of the Constitution of the People’s Republic of China does not constitute an obstacle to the construction of differentiated statutory reservations;its definition of the limiting reasons for fundamental rights without statutory reservations can be interpreted in a narrow sense,which thence enables both the application to fundamental rights of general non-specific reservations and qualified reservations and the highlighting of the normative significance of differentiated reservations.The system of differentiated statutory reservations can also provide guidance for resolving fundamental conflicts over rights and distinguishing the criteria for constitutional review of legislation.
文摘The major challenge that the theory of constitutional change in contemporary United States faced is social movement, and its core concern is to balance and maintain legal and political authorities of the Constitution through interpretation. At the descriptive level, the thoughts of liberal scholars of constitutional law who criticized the theory of originalism restored the true colors of social movement in acting on judicial interpretation of the Constitution in individual cases, thus summarized the rules of occurrence of such action, and put forward the theory of constitutional culture of the mechanism of action and that of the three-stages of action. At the prescriptive level, social movement is burdened with the ＂original sin＂ of political factions, and contrasted with the principle of republicanism in the constitutional era. During the Cold War period, pluralist theory linked social movement with the value of democracy, and began to accept its constitutional status. Moreover, given that the influence of social movement on judicial interpretation must be restricted in order to harmonize the conflict between political and legal authorities of the Constitution, both the pluralists and republicans put forward different schemes in response.
文摘The Qi Yuling case is a crucial juncture in the study of “fundamental rights and private law” in China, yet relevant research is underpinned on two clues. The first is that the increasing interest in the “constitutionalization of private law” worldwide provides knowledge resources and reference materials for scholars in China;the second is the understanding and exploration of the judicial application of the Constitution since the 1980s. Among them, such concepts as “the Constitution has direct legal effect” and “the Constitution needs to be implemented by the people” could have directly affected the Qi Yuling case. Focusing on such topics as the case of Qi Yuling, judicial enforcement of the Constitution, and the compilation of the Civil Code, scholars discussed the ways and scope for inclu ding fundamental rights in private law based on their experience abroad. They also looked into specific issues, covering how fundamental rights affect civil acts and the private law effects fundamental rights like personality rights, equali ty rights, freedom of speech, and protection of personal information. In the context of promoting the full implementation of the Constitution in the new era, “fundamental rights and private law” is still a field with great potential in both practice and theory.
