Special feature
Hu Yuhong: Professor, School of law, East China University of political science and law, special researcher, China modernization Institute of rule of law, Nanjing Normal University Since the end of the Qing Dynasty and the beginning of the Republic of China, it has become a common practice in the field of law to interpret legal principles as legal principles, but there are four ways to define legal principles: one is to define legal principles directly; the other is to coordinate legal principles and legal principles to locate legal principles; the third is to regard legal principles as general principles derived from legal principles; the fourth is to think that legal principles refer to legal principles, including legal principles Included. The existence of legal principle and legal principle is an objective necessity: all things in the world should have their own principles of existence and operation, and law is no exception; as a great creation of human beings, law itself contains legal principles of pursuing justice and other legal values; although the values of law vary with different times and regions, the basic legal principles are not affected by time and space Influence; there is no other way to analyze and study the law. Based on the existing research results, legal theory can be defined as "the basic and universal principles of relevant legal basis, legal basis, legal judgment and legal source abstracted by scholars and recognized by the society on the basis of integrating various legal phenomena". At the same time, there are obvious differences between legal principle and natural law, social value, legal principle in code and separate law, as well as reason and reason. Key words legal principle legal essence Jurisprudence
Focus of this issue: rule of law in socialist market economy
On the withdrawal of the "three rights" of collective land after the peasants settled in the city
Gao? Hai: Professor, School of law, Anhui University of Finance and Economics
Summary Support the policy expression and legal provisions that guide the peasants to voluntarily withdraw from the land contracting (operation) right, the right to use the homestead and the collective land equity with compensation, and the response to whether and when the remaining peasants should lose the collective membership rules after settling in the city, support the insufficient guidance withdrawal rules before losing the collective membership, and not voluntarily withdraw after losing the collective membership Problems such as the lack of policy, the confusion of ownership of collective land after a large number of farmers settled in cities and lost the membership of collective. In the reform of contracted land, homestead and collective property system, it is advisable to improve the standards and procedures for the loss of collective membership, the equity scheme for the first three rights of collective land, the right of contracted management and the right of use of homestead, and even the right of inheritance by non members of the collective The above problems can be solved by the design of class shares, the timely nationalization of collective land after a large number of farmers have settled in cities and lost their collective membership.
Key words: three rights division of the membership of collective land for farmers to settle in the city
Demarcation standard and legal regulation of spot and Futures Trading
Wu? Yue: Professor, School of law, Southwest University of Finance and Economics
The commodity spot medium and long-term trading platform has many functions, such as promoting commodity exchange and commodity circulation, managing risks, etc., and has a special position in serving the real economy. Historically, there was spot mid forward trading before the evolution of futures trading, with a high degree of correlation between the two. In order to distinguish spot and futures trading, we should make a comprehensive judgment from their different trading purposes, functional positioning, subject characteristics and trading results, rather than relying on the explicit judgment based on the similarity of some trading rules between them. Its relevant legislation, administrative supervision and judicial judgment should adhere to the overall judgment standards, and further promote the transformation of such platforms to serve the real economy.
Key words spot trading futures trading overall judgment
The design and implementation of company law in compliance system
Zhao wanwan: Professor, School of civil business law, Southwest University of political science and law
As the most important carrier of the compliance system, company law plays a fundamental and core role in the construction of the whole compliance system. Therefore, it is necessary to distinguish and draw lessons from foreign systems related to compliance requirements, and to refine, collect and sublimate the existing rules and systems related to compliance requirements in China. On the basis of eclecticism, a Model company code is formulated, which can not only meet the double needs of profit and morality of the company, but also play a leading role in the development of the world company law. The specific implementation path is as follows: first, based on shaping the good moral character of the company, the compliance requirements are regarded as the basic obligations of the company's organizations and relevant members from the basic principle level; then, it is defined as the basic code of conduct of the company's organizations, the company's principals and the company's staff from the specific system design level; finally, through the careful legal responsibility system, the company's Compliance awareness and moral responsibility awareness. To promote the company to become an advanced productivity practitioner, but also to become an active bearer of social responsibility and a model follower of public order and good customs.
Key words compliance system company law theory company law system design
Research on the system of dominant position in common market
Shi Jianzhong: Professor of China University of political science and law, researcher of the Institute of legal economy of China University of political science and law
Under the condition of digital economy, the algorithm not only intensifies the traditional oligopoly problem, but also simplifies the elements of the dominant position of the common market. Therefore, it is necessary and feasible to extend the common market dominant position system to implied collusion. This system can prevent the formation of the dominant position of the common market, break the barriers in the certification requirements of the monopoly agreement, and stop the "second stage behavior" of the cartel, which has an irreplaceable institutional value. China should amend the provisions of Article 19 of the anti monopoly law on presumption of dominant position of the common market.
Key words: common market dominance, oligopoly, tacit collusion
The theoretical basis and rule construction of the dominant position of the common market
Zhang Chenying: Associate Professor, law school, Tsinghua University, doctor of law
In order to solve the monopoly problem in the oligarch market, China's anti-monopoly law provides the path of "abusing the dominant position of the common market", but the legal provisions are defective and lead to difficult or wrong application in practice. The theory and legal practice represented by the United States and the European Union show that this recognition idea is effective, but the difficulty lies in how to prove through indirect evidence that the irrational and consistent behavior of market oligarchs is not caused by the objective market structure, but based on the subjective intention, so it has accountability. This paper analyzes the law enforcement and judicial cases of the United States and the European Union, demonstrates their internal logic through their respective evolution process, and finds that the two paths are the same. China's anti-monopoly law enforcement should recognize the dominant position of the common market in terms of both structural and behavioral factors.
Key words: common market dominance, oligopoly, parallel behavior, oligopoly dependence
Academic monograph
Legal theory: justification of legal practice
Guo ye: postdoctoral researcher, Guanghua law school, Zhejiang University
The legal principle is condensed by human's rational knowledge, which proves the justification of legal practice. Legal theory is a practical concept, which is generated, acted on and developed in legal practice. Facing legal practice, it blooms theoretical life, achieves academic system, highlights discourse charm, deepens legal practice, enriches legal thinking, supports legal thinking, and cultivates legal thinking. The concept of jurisprudence has sprouted, flowed and leaped in the development process of Chinese legal civilization for thousands of years. In the new era, the concept of jurisprudence revives, glows and rises in the process of comprehensively governing the country according to law and promoting the modernization of national governance system and governance ability. It is the harmony of the road of legal Renaissance and the scenery of good law and good governance, and the intersection of the light of Oriental civilization and the light of Marxist truth.
Key words legal practice justification legal theory discourse legal theory thinking
On procuratorial public interest litigation under national governance system
Liu Yiyi: Professor of the school of government under the rule of law, China University of political science and law
Procuratorial public interest litigation is a judicial system innovation rich in governance connotation. This system embodies the characteristics of the modernization of our national governance system and governance ability, such as under the leadership of the ruling party, paying equal attention to reform and construction, paying attention to the protection of socialist public welfare, and being both state led and semi open. The procuratorial public interest litigation system has formed a complex network governance structure with deep and wide connection and multiple nesting. From the perspective of diachronic and synchronic, this paper analyzes the evolution of the relationship between procuratorial power and administrative power, judicial power, legislative power and civil rights, and describes the different power positions of each subject in the network structure, so as to improve the governance efficiency of procuratorial public interest litigation. The governance effect of procuratorial public interest litigation is obvious, which is manifested in the extensive coverage of the governance field, in-depth governance throughout the whole process, comprehensive driving of governance subjects, full legalization of governance norms, and combination of rigid and flexible governance methods. In order to achieve the goal of public interest litigation, it is necessary to enhance the synergistic governance effect, improve the governance mechanism and standard construction, and gradually improve the judicial governance capacity of the procuratorial organ.
Key words procuratorial public interest litigation national governance system modern judicial governance network governance structure
Administrative reconsideration as the main channel to resolve administrative disputes: functional reflection and path optimization
Cao Jiali: Associate Professor, law doctor, School of government under the rule of law, China University of political science and law
There should be a new understanding of the function of administrative reconsideration in the new era. The one-sided function orientation is not enough to reflect the irreplaceable role of administrative reconsideration in promoting the construction of the government under the rule of law, realizing administrative relief and cultivating the society under the rule of law. The natural advantages of administrative reconsideration in resolving administrative disputes, the particularity of administrative disputes in China and the experience of foreign countries and regions all determine that administrative reconsideration should be the main channel to resolve administrative disputes in the new era. However, the central and local reform of administrative reconsideration fails to achieve the same frequency resonance, the quality and efficiency evaluation system of administrative reconsideration is not scientific, the internal friction and idling between reconsideration and litigation caused by the double defendant system, and the failure of the rule of law to guarantee the reform in time and other factors affect and restrict the sound development of administrative reconsideration in China. We should respect the law and characteristics of administrative reconsideration, make up for the natural disadvantages of administrative reconsideration, take the realization of the natural advantages of administrative reconsideration that is fair and efficient and convenient for the people as the purpose through adequate system supply, and take the effective handling of the differential development of administrative reconsideration and administrative litigation as the goal to carry out law revision. This is not only to realize the realization of administrative reconsideration as the main body of resolving administrative disputes The only way of the channel is to help the good law and good governance of administrative reconsideration.
Key words: good law and good governance of administrative reconsideration
A study on the fine punishment of the Western Zhou Dynasty seen in the newly unearthed Jinwen
Lei Anjun: Associate Professor, law school, Chongqing University, doctor of law
There has been a vague understanding of the fine system of the Western Zhou Dynasty in the academic circles, and there is a great controversy about whether there is a fine in the Western Zhou Dynasty. Through a comprehensive study of the newly unearthed Jinwen and handed down documents of the Western Zhou Dynasty, the fine penalty system of the Western Zhou Dynasty can be clearly presented. In the Western Zhou Dynasty, fine punishment is a kind of additional punishment which can be applied separately or according to the attached five punishment. It is mostly applied together with flogging. The amount of fine is often the same as that of flogging. There are five equal fines in the Western Zhou Dynasty, namely the so-called "five punishments". In the Western Zhou Dynasty, fine punishment is applicable to the light punishment which does not constitute the "five punishments"