Key items of the fifth legal paper in 2019
1. Model litigation: the institutional renewal of the relief of group disputes of tourism consumers
Bi Yuqian, Center for collaborative innovation of judicial civilization of "2011 plan", School of civil, commercial and economic law, China University of political science and law
[Abstract] the development of tourism industry and the prosperity of tourism market are guaranteed by mature tourism dispute resolution mechanism. In the process of tourism, when the tourists' personal and property security, right of knowing, right of independent choice and right of claim are infringed, due to the particularity of tourism consumption, considering the cost and other reasons, most of the tourism consumers choose silence or "abstention". Although the newly formulated Tourism Law refers to the mode of group action in the Civil Procedure Law of China, which stipulates that the representative action is used to solve the group dispute of tourism, the representative action system of China plays the best role in solving the large-scale infringement dispute, It can not fully meet the needs of solving the tourism consumer group infringement disputes because of the functional dislocation in solving the "small majority" Tourism Group infringement disputes. By comparing and analyzing the functions of group litigation in different countries, this paper points out that the German model of authority model litigation is more effective in solving the group disputes of "small majority" tourism consumers.
Keywords: tourism consumer group disputes; representative litigation; model litigation;
2. Return and Breakthrough: the clarification of causality in criminal law of China at the level of attribution
Liang yunbao Law School of Southeast University
Abstract: the traditional theory of causality in our country makes a pure objective positioning of causality, and at the same time, it mixes some normative connotation into the judgment, which makes it ambiguous in the level of result attribution, and also makes it lack of judicial adaptability in dealing with specific cases. As the late revision of continental theory of causality in criminal law, the theory of equivalent causality and the theory of dangerous reality have not abandoned the content of norms at the level of result attribution, nor limited the establishment scope of causality in criminal law to the objective level. In addition, although the revised theory of considerable causality, the theory of dangerous reality and the theory of objective attribution fail to provide a perfect judgment standard for the attribution of results, the theory of objective attribution has obvious comparative advantages in the improvement of the theory of causality in criminal law in terms of methodology, hyponymy rules, etc. The response to the crisis of the traditional causality theory in China is not a way to return to the causality of criminal law, but a way to break through the normative judgment based on the beneficial materials of the theory of attribution.
Key words: causality; equivalent causality; realistic theory of danger; objective attribution;
Fund: National Social Science Fund Project "Research on the concept and method of crime of new-type property invasion in the network era" (19bfx075); research results of special fund for basic scientific research business expenses of Central University (2242019s30027);
Key items of the 6th legal paper in 2019
1. The ethical implication of the theory of ecological civilization of socialism with Chinese characteristics
Dong Qiancheng, School of Marxism, Hainan Normal University
[Abstract] the report of the 18th and 19th National Congress of the Communist Party of China put forward to "vigorously promote the construction of ecological civilization", and upgrade the construction of ecological civilization to an important part of the overall layout of "five in one", which is a profound reflection on the ecological crisis and has profound ethical implications. It is of great value for the construction of ecological civilization and the realization of "five in one" general layout to interpret the ethical meaning of ecological civilization theory. It is found that the ethical implication of the theory of ecological civilization with Chinese characteristics is manifested in four aspects: first, it pursues the ethical value goal of ecological equality and harmony; second, it adheres to the ethical practice means of ecological rational development; third, it requires the ethical choice of ecological responsibility with ecological conscience as the core; fourth, it needs the ecological justice with ecological freedom as the core as the ethical guarantee.
Keywords: ecological civilization; ecological harmony; ecological justice; ecological responsibility; ecological rationality;
Fund: National Social Science Foundation Project (18bks058); 2018 Hainan philosophy and Social Sciences key research base support project (hnsk (JD) 18-12); research results of Hainan university scientific research support project (hnky2018-28);
1. Journal of Nanjing Normal University (SOCIAL SCIENCE EDITION); 2. Organizer: Nanjing Normal University; 3. Issue: bimonthly; 4. Place of publication: No.122, Ninghai Road, Nanjing; 5. Email: wkxb@njnu.edu.cn