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【期刊名称】 《中国政法大学学报》
ABSTRACTS
【分类】 其他【文献标识码】 A
【期刊年份】 2020年【期号】 2
【页码】 206
【全文】法宝引证码CLI.A.1287241    
  

Anti-poverty: Strategy Transformation and Model Reconstruction: Analysis On the Role of Human Capital in Poverty Alleviation 5

YU Shaoxiang/Chinese Academy of Social Sciences.

Abstract: In the past, people generally regarded family income as a measure of poverty standard. Many developing countries including our country have been regarding income poverty alleviation as the fundamental goal of Anti-poverty. In fact, the connotation of poverty not only refers to the lack of material, but also includes low levels of education, lack of knowledge and ability. International experience shows that economic development has positive meaning of alleviating poverty, but it cann’t really eliminate poverty. Research shows that human capital investment such as education and training plays the major role in poverty alleviation, and it can dig the roots of poverty, break the cycle of poverty, and eradicate the origin of poverty. Therefore, in the future, we should pay more attention to education and human capital investment, implementation of strategy transformation and reconstruction model of Anti- poverty, which is an inevitable choice in Anti-poverty governance.

The Research Perspective and Chinese Context of the Culture of Rule of Law since the New Era 17

CUI Yunhua/Professor of Research Center of the Culture of Rule of law, China University of Political Science and Law.

Abstract: Since the new era, the study of the culture of rule of law has shown a high theoretical level and diversified trend. Only by finding and overcoming the problems in the study of the contemporary culture of rule of law can we promote its sound development in China. The culture of rule of law is a key to the construction of the rule of law in China. Chinese scholars are always trying to distinguish the words of culture of rule of law and legal culture from confusion. This is not a bad thing, but an active response to the construction of rule of law and the establishment of independent awareness. Chinese academic circles mainly use the term “the culture of rule of law” in the following three aspects: first, cultural research and discipline construction; second, social governance and government’s documents; third, civilization progress and expectations of rule of law. The culture of rule of law needs to integrate and combine the knowledge of law and humanities, to embed local resources in the deep cultural soil, and to form the discourse system and discipline system with Chinese characteristics.

On Prosecution Periods of Environmental Public Interest Litigation 29

LI Qingbao/Ph. D.candidate, China University of Political Science and Law; associate professor, North China Electric Power University.

Abstract: Due to lack of clear and concrete provisions on limitation and prosecution period of environmental public interest litigation, the theoretical circles have a wide range of views on this issue, and in practice, local courts have dealt with it quite differently. There are tremendous differences between environmental public interest and private interest litigations, therefore the current rules on limitation and prosecution periods of environmental private interest litigation are not well applied to environmental public interest litigation. To this end, based on the standing foundation as well as the nature of environmental public interest litigation types in China, a system of limitation and prosecution period that meets the actual needs of environmental public interest litigation should be developed. According to the rights (powers) and obligations (duties) of the suitor itself, and based on the comprehensive measurement of the relevant values, the environmental civil public interest litigation initiated by the social organizations shall be subject to nolimitations, and whichever the environmental public interest litigation or environmental administrative public interest litigation initiated by the procuratorial organs should be subject to the normal and longest prosecution periods.

Reform and Rebuilding of Geological Disaster Prevention and Control under the Background of Institutional Reform: Centering on the Amendment of Prevention and Control of Geological Disasters Ordinance 39

SHANG Yusong/China University of Political Science and Law.

Abstract: Prevention and Control of Geological Hazards Ordinance has important influence on the prevention and control of geological hazards. The authors analyzed the roles of government components that relate to geologic hazard, under the background of China’s government reformations which transformed executed intensive supervision to deregulation. However, some contradictions appeared in the ordinance, such as the general provisions of the main responsibilities, the content of risk assessment, the positioning of emergency plans, and the administrative supervision. In general, the ordinance needs to be amended. A more coordinated relationship between multi-actors needs to be taken into account. In order to enhance the efficiency of risk management, risk analysis and assessment should be strengthened. In emergency management, emergency plans need to be repositioned. Under the background of government loosening its administrative examination and approval, administrative supervision should pay more attention to the process and results.

Regulate the Pollution Caused by Industry Relocation 51果然是京城土著

CHEN Shiyin/China University of Political Science and Law.

Abstract: Industry relocation between east, middle and west region in China or between urban and suburb results in environmental pollution and the destroy of natural resources, a number of this type of cases emerged in the recent years, the Tengger Desert case stood out among them, becoming a typical one. One of the causes is the absence of environmental law implementation which includes the lack of environmental impact assessment, the failure of sewage monitoring system and the overuse of administrative power. But what is the fundamental cause? The economic development model in recent decades and the analysis of environmental pollution in the Western China indicate that it is “industry relocation”. However, “industry relocation” as a solution seems inevitable, since it has been and is working for China and even the entire world by balancing incomes in various regions, and it also matches the development principle “let some people get rich first, then the rich first lead those being rich later” in China. What decision makers can do is to regulate industry relocation. National development strategies should be sustainable and take full use of Functional Zoning. Environmental laws and regulations should be implemented properly. Last but no least, environmental judiciary is the last line to defend the eco-system in the Western China.

Analysis on the Standard Technique of Civil Law and Commercial Law Integration in the Contracts Part of Civil Code (for Deliberation)63

XU Qiangsheng/Doctor of Judicial Science, School of Law of Henan University of Economics and Law.

Abstract: The essence of civil law and commercial law integration is the commercialization of private law. The contract law, as a trading law, is a typical private law which is mainly commercial. Overall, the Contracts Part (for deliberation) is a relatively pure objectivism legislative model. Its aim is to destroy the legislative intention of the integration of civil law and commercial law through the distinction of subjects or expression of words. However, a too objective legislation mode has covered the “distinction” of civil law and commercial law. It means that the difference between civil law and commercial law cannot be expressed through a clear rule system, but can only be made clear through case interpretation or the separate commercial law.

Suggestions on the Improvement of the Civil Code of the People’s Republic of China (Draft)74

WANG Lei/Associate professor and doctor supervisor of Civil, Commercial and Economic Law School, China University of Political Science and Law.

Abstract: the Civil Code of the People’s Republic of China (Draft) published on December 28th, 2019 still has some aspects to be improved, from the realization of a more appropriate balance of interests and other value judgments of civil subje


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