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Published in last 1 year |  In last 2 years |  In last 3 years |  All Please wait a minute... For Selected: Download Citations EndNote Reference Manager ProCite BibTeX RefWorks Toggle Thumbnails Select Chinese Characteristics of “Combating Corruption and Building a Clean Government” QI Wei-Ping Journal of East China Normal University (Philosoph    2015, 47 (5): 101-106.   DOI: 10.16382/j.cnki.1000-5579.2015.05.010 Abstract （366）   HTML （4）    PDF （1165KB）（918）       Knowledge map    New situations have appeared since the anticorruption movement was put forward at the 18th National Congress of the Communist Party of China. Due to the refractoriness of corruption， the task of combating corruption and building a clean government is destined hard and longlasting. To reduce and restrain the amount of corruption has been a new approach to promote the combat against corruption. To reduce the amount of corruption is to deal with what already happened in the past， and to restrain the amount of corruption is to face the problems that may appear in the future. These two aspects supplement and influence one another. At the request of overall strict governing of the Party， to bring the special advantage of the Chinese road of “combating corruption and building a clean government” into a full play is crucial for developing a healthy and scientific road. The Chinese road of “combating corruption and building a clean government” shall be characterized by the practice of “prevention first” and “punishing second”. Related Articles | Metrics Select The “Lack of Faith” or the “Absence of Society”： Also On the Relationship between Social Governance and the Privatization of Faith LI Xiang-Ping Journal of East China Normal University (Philosoph    2015, 47 (5): 107-116.   DOI: 10.16382/j.cnki.1000-5579.2015.05.011 Abstract （298）   HTML （6）    PDF （1726KB）（1004）       Knowledge map    What is “faith”， and what is “society”? These two terms are used most frequently but they lack strict sociological definitions. “Faith” seems to be religious， but it is more closely related to practical power， profits， individual identities and the construction of faith modes. A discussion of faith or religious faith seems to be immediately inserted in a context with rich connotations and realistic relations， which consequently forms the issue of the ways of faith in China. Is there a “social” domain independent of the state and the market as far as the ways of faith are concerned? There is no determined understanding of “society” in complicated contexts of traditional political order tianxia， modern nation and revolution， and contemporary state and economic market. It is due to the absence of “society” in a sociological sense that the mass peoples faith almost becomes an issue of seeking practical personal benefits and then mutated into a privatized way. Thus， social governance and the way of faith are deeply separated， resulting in the missing of profound and normative moral resources at the layer of social governance. This is one of the most serious issues in the sociological research of faith. Related Articles | Metrics Select An Legal-historical Examination of Patent Pool, Competition Restraint and Antitrust Regulations: A Case Study on Germany before and after the First World War ZHANG Chen-guo Journal of East China Normal University (Philosoph    2015, 47 (3): 41-47.   DOI: 10、16382/j.cnki.1000-5579.2015.03.004 Abstract （354）   HTML （5）    PDF （1306KB）（1310）       Knowledge map    The overlapping area of patent law and competition law, especially the subject matter of regulation against the abuse of patent rights in the form of patent pool by means of competition law, constitutes a key issue for the intellectual property law research in China. Based on China’s current legal and social context of patent fever, the transformation of the patent law, the enforcement of antitrust law fine-tuning, and competition policy re-balancing, this thesis adopts a legal-historical approach to examine the model of Germany before and after the First World War comparable to the present state of China. It studies the historical origin of the subject matter in the German context, analyzes the formulation and enforcement of the antitrust policy regarding patent pool under certain macroeconomic background and concludes the pros and cons for the related theoretical research and the definition of regulative approach concerning the subject matter in China. Related Articles | Metrics Select On the Illegal Absorption of Public-savings: Thinking from Securities Regulation Liu Xinmin Journal of East China Normal University (Philosoph    2015, 47 (3): 48-56.   DOI: 10、16382/j.cnki.1000-5579.2015.03.005 Abstract （381）   HTML （4）    PDF （1595KB）（892）       Knowledge map    The article 176 of Criminal Law of P. R. C. (Amendment VIII) regulates the crime of the illegal absorption of public-savings, but the high-pressure attacks always produce an undesired performance. This paper argues that we shall take the so-called illegal absorption of public-savings as a new kind of securities which meets the “investment contract” features and hence put it into the scope of regulation of Securities Law of the P. R. C. (revised in 2014). At current stage, the practical approach is to expressly provide the standard for “other securities approved by the State Council” and use administrative power to promote market innovation. We shall strengthen civil liability for the protection of public investors to regulate the illegal absorption of public-savings. Related Articles | Metrics Select On the Perfecting of the Compulsive Isolated Drug Rehabilitation in China—— from the Comparative Perspective WANG rui-shan Journal of East China Normal University (Philosoph    2015, 47 (3): 57-62.   DOI: 10、16382/j.cnki.1000-5579.2015.03.006 Abstract （513）   HTML （1115）    PDF （1091KB）（4836）       Knowledge map    Although, the new ideas of the drug rehabilitation have been established in the Drug Law, but there are some problems in the compulsive isolated drug rehabilitation, such as the compulsive isolated drug abuse treatment place in the charge of the public security department do not help the clients, and the drug abuse treatment assumed partly by the public security department and the Justice Bureau type is resource-wasting, and the drug rehabilitation organ evaluating its own is unfair, and the facilities in the drug rehabilitation places is not enough for its goal, etc.. There are some advices as follows by referencing the the California Rehabilitation Center. Firstly, the government cancels the compulsive isolated drug rehabilitation place in the charge of the public security department. Secondly, the place increases the medical conditions and other facilities. Thirdly, the government build the third-part drug test authority. Related Articles | Metrics Select On Group Contradiction of Urban Inhabitants and Their Interest Expressing Channels in China LI Jian-Zhong Journal of East China Normal University (Philosoph    2013, 45 (1): 103-108.   Abstract （1093）   HTML （9）    PDF （1532KB）（1421）       Knowledge map    There are a lot of social strata and sub-groups among city inhabitants in China. They have different interest requirements, thus, social management in city has to face interest disputes among different groups, particularly the contradictions between officials and common people, between labor and management, between poor and rich. These interest contradictions are characterized by its complexity and increasing violence. Once an interest dispute arises, most urban inhabitants normally intend to express their interest demands and solve problems in legal ways. However, if these ways are ineffective, inhabitants involved will inevitably seek for expressing channels out of the system, and this may lead to group events. Urban government, social organization and inhabitants ought to jointly pay high attention to it. Related Articles | Metrics Select Knowledge, Institution and Interest: Understanding Chinese Reform from Three Dimensions HU Jian Journal of East China Normal University (Philosoph    2013, 45 (1): 109-121.   Abstract （1005）   HTML （8）    PDF （1572KB）（1436）       Knowledge map    The past over 30 years has witnessed Chinese reform. However, the debate on the reform has never stopped up to now. This is mainly because different people understand reform in different ways. The ultimate goal of theoretical study is to make the society reach a new consensus in the understanding of reform. However, in recent years, Chinese academic circle tends to overgeneralize Chinese reform with labels such as “Chinese mode” and “Chinese way”. This results in some deviations in understanding the complicate social practice of Chinese reform. China's reform is an innovative process of system transition, which involves lots of issues, including the relation between knowledge stock and knowledge increment, methods of institutional innovation and its efficiency, and the adjustment of social interests. Therefore, we should understand Chinese reform from three dimensions: knowledge, institution and interest. Certainly, to understand the reform is not just to summarize the experience and lessons, but to help Chinese society to understand better the significance and urgency to deepen reform. Related Articles | Metrics Select Norms of Advertising Endorsement: To Learn from American Experience YU Lin-Yang Journal of East China Normal University (Philosoph    2013, 45 (1): 122-127.   Abstract （1171）   HTML （6）    PDF （1541KB）（1562）       Knowledge map    The criterion for identifying advertising endorsement is that we can discern the endorser’s true identity from the advertising. The essence of advertising endorsement is the commercial use of the personality right and the future of “speaking for the sponsor in public” makes the endorsement easily become the tool of false advertising under the drive of interest. America is the first country that has made norms of advertising endorsement with the duty-oriented idea of legislation. To fully protect the consumers’ interests is the typical character of the norms of advertising endorsement in America. Considering the social policy of protecting consumers’ interests and restricting false advertisements, we should integrate our intricate legal norms and make specific duty-oriented norms. Related Articles | Metrics Select Financial Risks of Export Credit Insurance System and Devising of Its Supervision LI Ben Journal of East China Normal University (Philosoph    2012, 44 (6): 84-89.   Abstract （1241）   HTML （9）    PDF （1695KB）（1145）       Knowledge map    Export credit insurance, supported with national finance by governments, is a special policy which provides protection against risks for enterprises in economic activities such as exporting, investing abroad and foreign project contracting. The failure of investment in Libya fully revealed the incoordination in the overall design of Chinese enterprises’ “going out” strategy and lack of a cooperative system. The legislation of export credit insurance should not only seek huge oversea investment especially in respect of devising the centralized management with specialized departments for state--owned enterprises’ oversea investment and financial risks, but also ensure that the credit insurance company, based on its own state--owned properties, copes with its own financial risks so that it can have long--term operation. We should draw lessons from the related legislation in other countries, and build an organizational structure for the insurance company. The appropriate specialized department with centralized management is China Investment Corporation. Meanwhile, the author suggests establishing an “oversea investment supervision bureau” to supervise oversea investment and relevant organizations. Related Articles | Metrics Select The Doubts in Contract Theory of the Jurisprudence of Economical Analysis and Its Enlightenment: On the Theory of Efficient Breach CHEN Rong Journal of East China Normal University (Philosoph    2012, 44 (6): 90-96.   Abstract （1022）   HTML （10）    PDF （1701KB）（1565）       Knowledge map    The jurisprudence of economical analysis evaluates the validity of contract according to economical efficiency. Based on Coase’s theory and Holmes’s classical contract risk theory, the jurisprudence of economical analysis proposes the theory of efficient breach. The contract theory of the jurisprudence of economical analysis has been criticized for its individualism and instrumentalism. The theory of efficient breach, which explains rights according to efficiency, may hurt people’s substantive rights and then break the balance of the legal system. There are also fallacies in terms of ethnics in this theory. The compensation of damage to expected benefits is insufficient to remedy the loss of the party concerned, and even brings greater social cost. However, the contract theory of the jurisprudence of economical analysis gives us the following enlightenment: legal research can’t be independent of other branches of learning such as economics and more attention should be paid to the efficiency value of contract law. Related Articles | Metrics Select Public Recognition: On Community Correction from Perspective of Sociology of Law LIU Tong-Jun, ZHOU Yuan, ZHOU Guo-Qiang Journal of East China Normal University (Philosoph    2012, 44 (6): 97-102.   Abstract （1201）   HTML （12）    PDF （1696KB）（1698）       Knowledge map    Public recognition of community correction is a new execution system that is recognized and accepted by the public. Public recognition is very valuable for the innovation and development of community correction. At present most Chinese are lack of knowledge of and have a lower degree of recognition on community correction, which will bring a negative impact on the localization of community correction. To enhance public recognition of community correction, the following means are necessary: firstly, to really reflect the people's interests and aspirations; secondly, to fully reflect people's idea of justice; lastly, to strongly foster a penalty culture of tolerance. Related Articles | Metrics Select Theoretical Reflection on Public Interest Litigation ZENG Yu-Sheng Journal of East China Normal University (Philosoph    2012, 44 (6): 103-108.   Abstract （1149）   HTML （9）    PDF （1700KB）（1388）       Knowledge map    Public interest litigation is a new type of litigation different from traditional private litigation. It also provides a new system in which the common people can influence the public life. In definition, public interest litigation and private interest litigation should be distinguished according to “litigation request analysis”. The requests of public interest litigation should mainly be confirmation request or the request to stop infringements. Public interest litigation has many functions such as arousing the common people’s care for public affairs, making “dormant” laws and regulations to execute, stopping illegal acts in future and promoting the development of public welfare organizations. However, there is no real “administrative public interest litigation” in today’s China. Related Articles | Metrics Select A Comparative Study of Chinese and American National Identity Reflected in their White Papers on National Defense DOU Wei-Lin, DU Hai-Zi, SU Dan Journal of East China Normal University (Philosoph    2012, 44 (3): 83-94.   Abstract （1245）   HTML （8）    PDF （1737KB）（1534）       Knowledge map    This paper presents a critical discourse analysis and a comparative study of the Chinese and American white papers on national defense from 2002 to 2008. It finds that China and U.S. differ greatly in their choice of words, classification, modality and macrotextual structure in constructing their respective national identities. The very national identity the Chinese government intends to construct is that of China as a peaceloving and developmentpursuing country that highly cherishes cooperation and avoids confrontation, while the U.S. government portrays the U.S. as a superior country with a mission. This difference can be attributed to the culture of harmony in China and the mission mentality deeply rooted in America. Related Articles | Metrics Select An Analysis of Procedures for Collecting Information of Serious Prejudice in the WTO Agreement on Subsidies and Countervailing Measures WANG Yong-Jie Journal of East China Normal University (Philosoph    2012, 44 (2): 76-81.   Abstract （1608）   HTML （8）    PDF （1793KB）（1960）       Knowledge map    The Annex V to WTO Agreement on Subsidies and Countervailing Measures provides procedures for developing information concerning serious prejudice. The Annex V procedure is requested by the complaining member, initiated by DSB and facilitated by the designated representative. The designated representative needs to adopt procedure steps and additional procedures for a protection of business or strictly confidential information, make his questionnaire, and submit his report to the Panel. His job is done in the context of the parties’ consultations. The information gathered under the Annex V procedure is properly relied on in support of serious prejudice claims against certain alleged subsidies. The Panel will determine whether the same information can be also used in the context of the prohibited subsidies claims concerning the same alleged subsidies. Related Articles | Metrics Select A Comparison on Chinese and Japanese Absorptions of Bluntchli’s State Organic Theory  ----A Focus on Kato Hiroyuki and Liang Qichao WANG Xiao-Fan Journal of East China Normal University (Philosoph    2011, 43 (4): 42-48.   Abstract （2269）   HTML （266）    PDF （379KB）（3089）       Knowledge map    Kato Hiroyuki’s and Liang Qichao’s absorptions of Bluntchli’s theory of social organism had their own characteristics. Kato mainly focused on Bluntchli’s doctrine of sovereign rights of state as a legal institution and its implied idea of monarchical sovereignty. Liang was more concerned with Bluntchli’s views on essential laws of state’s formation, development and decline, based on his positivistic method of historical research. Their distinctive features reflected then different problems confronted by China and Japan and basic differences between their cultural traditions. Related Articles | Metrics Select The Role of International Judicial Institutions in Setting up the International Legal Order  ----A Survey Based on Kelsen’s Theory of International Law AN Xi-Meng Journal of East China Normal University (Philosoph    2011, 43 (4): 49-53.   Abstract （1524）   HTML （3）    PDF （377KB）（2105）       Knowledge map    With a development of economic globalization, the international legal order is meeting new opportunities and challenges. Meanwhile, international judicial bodies are showing their active performances, influencing the development of the international legal system. In the 1950s, Hans Kelsen, a famous scholar of pure theory of law, held that international judicial institutions could help a lot to resolve disputes peacefully and simulate evolutions of the international legal order. Therefore, based on his theory about international judicial bodies, this paper focuses on nowadays status of international judicial bodies, trying to understand and reflect their roles in the foundation of international legal order. Related Articles | Metrics