中国法学前沿Pub Date : 2021-01-13DOI: 10.3868/S050-009-020-0028-4
W. Bihui
{"title":"Renmin Law Faculties Offer Public Lectures on the Civil Code","authors":"W. Bihui","doi":"10.3868/S050-009-020-0028-4","DOIUrl":"https://doi.org/10.3868/S050-009-020-0028-4","url":null,"abstract":"","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"15 1","pages":"506-509"},"PeriodicalIF":0.3,"publicationDate":"2021-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43991864","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
中国法学前沿Pub Date : 2021-01-13DOI: 10.3868/S050-009-020-0023-9
Zhang Shoudong
{"title":"Human Life and Human Rights: death penalty Data and sentencing Procedure during the Song Dynasty","authors":"Zhang Shoudong","doi":"10.3868/S050-009-020-0023-9","DOIUrl":"https://doi.org/10.3868/S050-009-020-0023-9","url":null,"abstract":"","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"15 1","pages":"390-408"},"PeriodicalIF":0.3,"publicationDate":"2021-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42985862","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
中国法学前沿Pub Date : 2021-01-13DOI: 10.3868/S050-009-020-0024-6
G. Rui, J. Baker
{"title":"The Natural Law Foundation of the Market","authors":"G. Rui, J. Baker","doi":"10.3868/S050-009-020-0024-6","DOIUrl":"https://doi.org/10.3868/S050-009-020-0024-6","url":null,"abstract":"","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"15 1","pages":"409-430"},"PeriodicalIF":0.3,"publicationDate":"2021-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41975185","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
中国法学前沿Pub Date : 2021-01-13DOI: 10.3868/S050-009-020-0026-0
Zhang Lin, An Jingjing
{"title":"The Legal Infrastructure for Creativity in China: A Perspective of Venture Capital","authors":"Zhang Lin, An Jingjing","doi":"10.3868/S050-009-020-0026-0","DOIUrl":"https://doi.org/10.3868/S050-009-020-0026-0","url":null,"abstract":"","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"15 1","pages":"452-480"},"PeriodicalIF":0.3,"publicationDate":"2021-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45854183","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
中国法学前沿Pub Date : 2021-01-01DOI: 10.3868/s050-010-021-0006-7
W. H. Zhang, P. Ding
{"title":"ON THE RIGHTS PROTECTION OF VULNERABLE GROUPS UNDER THE PREVENTION AND CONTROL OF A PUBLIC HEALTH CRISIS: A LITERATURE REVIEW AND PERSPECTIVE FOR FUTURE DIRECTIONS","authors":"W. H. Zhang, P. Ding","doi":"10.3868/s050-010-021-0006-7","DOIUrl":"https://doi.org/10.3868/s050-010-021-0006-7","url":null,"abstract":"The legal system for prevention and control of a public health crisis rests on two pillars: human rights protection and good governance. This duality is well illustrated by substantively equal treatment of vulnerable groups in a pandemic from the perspectives of public service, social inclusion, accessible environment, gender equality, and right to health. A review of literature on this topic shows that current research needs to address the gap between \"life supremacy\" and \"equal protection\" in the area of human rights protection, and the gap between \"putting people first\" and \"strict control at the grassroots level\" in the area of good governance. The research should employ intersectional methodology to highlight the rights logic of the socialist legal system and the key role of the Communist Party of China's leadership in balancing individual versus community rights, enhancing the governance capability for participation by multiple social agents, ensuring equal protection for disadvantaged groups, promoting inclusive and sustainable development, and realizing the common prosperity of all the people.","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"16 1","pages":"104-121"},"PeriodicalIF":0.3,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70256609","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
中国法学前沿Pub Date : 2021-01-01DOI: 10.3868/s050-010-021-0005-0
J. Chen
{"title":"THE LEGAL PROTECTION FOR CHINA'S FLEXIBLE WORKERS DURING THE COVID-19 PANDEMIC","authors":"J. Chen","doi":"10.3868/s050-010-021-0005-0","DOIUrl":"https://doi.org/10.3868/s050-010-021-0005-0","url":null,"abstract":"The COVID-19 pandemic has caused a chain of socioeconomic effects worldwide. China's social and economic operations and labor market have also been suffered because of this global crisis. During hard times, flexible employment becomes an important means for stabilizing employment. However, the pandemic also exposed the problems ensuing from insufficient legal protection for flexible workers. First, there are some gaps and defects in the labor and social security laws in terms of their scope and applicability to flexible workers. Second, there were limitations in the support and protection policies for flexible workers at the early stages of the pandemic. Although the government implemented measures soon after the outbreak of COVID-19, their role is still constrained by the legal lacunae in protecting flexible workers. As flexible employment will continue to play a significant role in China's labor market, the State Council issued a far-reaching official document in July 28, 2020 to support it. This document indicates the directions for providing better legal protection for flexible workers, which contains expanding the legal scope and enriching the legal protection. Based on the realities and latest policies, the legal protection for flexible workers should be systemically improved in the future.","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"16 1","pages":"79-103"},"PeriodicalIF":0.3,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70256541","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
中国法学前沿Pub Date : 2021-01-01DOI: 10.3868/s050-010-021-0002-9
H. Lu, W. Hao
{"title":"COMBATING DOMESTIC VIOLENCE DURING COVID-19: WHAT DOES THE CHINESE EXPERIENCE SHOW US?","authors":"H. Lu, W. Hao","doi":"10.3868/s050-010-021-0002-9","DOIUrl":"https://doi.org/10.3868/s050-010-021-0002-9","url":null,"abstract":"Previous evidence demonstrates that a public health crisis triggers and intensifies domestic violence, especially against women. The pandemic of COVID-19 supported this observation, as the world witnessed an increase in domestic violence. China has witnessed a similar trend. While the Chinese government is applying a stringent model of virus control measures over COVID-19 when compared to certain other countries, many questions remain . How is this impacting the situation of domestic violence in China? What has China done to combat domestic violence during COVID-19? What can we learn from the Chinese experience? This article intends to answer these questions by reviewing reports and media coverage and conducting interviews with stakeholders. First, it examines causes of domestic violence during COVID-19. Second, it analyses the types and features of domestic violence during COVID-19. Third, the article intends to discover the current difficulties in combatting domestic violence. Fourth, it presents good practices for specific local areas. Last, it concludes with recommendations for tackling domestic violence during public health crises, such as the COVID-19 pandemic, by understanding the Chinese experience.","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"16 1","pages":"3-34"},"PeriodicalIF":0.3,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70256291","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
中国法学前沿Pub Date : 2021-01-01DOI: 10.3868/s050-010-021-0003-6
B. He, R. Halvorsen
{"title":"DIGITAL INCLUSION FOR PERSONS WITH DISABILITIES IN CHINA UNDER COVID-19: HOW FAR HAS CHINA COME?","authors":"B. He, R. Halvorsen","doi":"10.3868/s050-010-021-0003-6","DOIUrl":"https://doi.org/10.3868/s050-010-021-0003-6","url":null,"abstract":"This article reviews social regulatory and redistributive policies in China that aim at fostering digital inclusion of persons with disabilities. We examine the emerging Chinese policies and how China has responded to the impacts of the coronavirus disease (COVID-19) on digital inclusion in terms of redistribution, market regulation, involvement of persons with disabilities and disabled people's organizations (DPOs), and awareness-raising campaigns. The policy review demonstrates that the Chinese policy framework contains a few redistributive initiatives, for example, cash transfer programs, and free distribution of information and communications technology (ICT). These have the potential to increase the uptake of ICT among persons with disabilities. The Chinese policy framework also includes provisions to ensure consultation with individual persons with disabilities and DPOs in the deliberation and implementation of ICT accessibility policies. While China has initiated awareness-raising campaigns among market actors about the importance of digital inclusion, so far, the Chinese government has adopted little legal regulation of the market to foster accessibility to ICT. The article thus argues that some of the limitations may be due to the way state-market relations have developed since the economy opened up in 1978. Apart from the growing benefits of several cash transfer programs, we have not seen major changes or adjustments to the current policy framework during the efforts to mitigate the impact of COVID-19 on digital inclusion.","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"16 1","pages":"35-57"},"PeriodicalIF":0.3,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70256365","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
中国法学前沿Pub Date : 2021-01-01DOI: 10.3868/s050-010-021-0004-3
R. Dai
{"title":"INFORMATION ACCESSIBILITY FOR PUBLIC HEALTH EMERGENCIES-A CASE STUDY OF INFORMATION ACCESSIBILITY DURING THE NEW CORONAVIRUS OUTBREAK","authors":"R. Dai","doi":"10.3868/s050-010-021-0004-3","DOIUrl":"https://doi.org/10.3868/s050-010-021-0004-3","url":null,"abstract":"Barrier-free information construction has not been included in the information disclosure system for public emergencies in China This makes it difficult for obstacle groups to obtain government information timely. By contrast, social forces, sign language videos and online accessible mini programs all give quick responds, which to some extent, bridge the information gap during the pandemic. This phenomenon is caused by the insufficient construction of information accessibility within the legal system, and the lack of popularization of accessibility concepts. The corresponding departments should improve the legal system of information accessibility by incorporating it into the information disclosure system for public emergencies in China This will speed up the construction of modern public cultural service systems, promote the development of TV sign language hosting, and improve awareness of accessibility in science and technology to promote the design standards and principles of network accessibility and improve the dissemination of barrier-five information, hence meeting the information needs of barrier-free groups for major public emergencies.","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"16 1","pages":"58-78"},"PeriodicalIF":0.3,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70256424","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}