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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 Ris BibTeX Toggle Thumbnails Select Procedural Regulations of Simultaneous Sound and Video Recording Applied in the Investigation and Interrogation in the New Criminal Litigation Law: Predicaments and Solutions WANG Yong-jie Journal of East China Normal University (Philosoph    2014, 46 (1): 53-60.   Abstract （654）   HTML （7）    PDF（pc） （486KB）（1964）       Knowledge map    Save Although the new criminal litigation law has stipulated the system of simultaneous sound and video recording, some problems still exist. For example, the sound and video recording is optional, and the delivery of sound and video records is not clear. After analyzing the causes, this paper suggests that we should, by drawing upon the legislation and judicature experiences in other countries, clarify and solve the following issues concerning sound and video recording so as to ensure the benign operation of this system: its litigant status, its judicial scope, its testimony and the punishment for violating the stipulations. Related Articles | Metrics | Comments（0） Select The International Maritime Dispute Settlement Organs’ Jurisdiction Power on China Luo Guoqiang Journal of East China Normal University (Philosoph    2014, 46 (1): 61-67.   Abstract （885）   HTML （7）    PDF（pc） （507KB）（2339）       Knowledge map    Save The UN Convention on the Law of the Sea established an international maritime disputes settlement mechanism centered on the International Tribunal on the Law of the Sea and supplemented by international arbitral tribunals, which is the foundation of Philippians’ applying for international arbitration on South China Sea disputes. However, the forming of arbitral tribunal is not equal to determination of jurisdiction, the tribunal must find out it really have jurisdiction power on the case before entering into any formal trails. And according to article 298 of the convention and the written announcement China had made before, the arbitral tribunal should have no jurisdiction to the case. From theory of law, Philippians’ asking China to accept a jurisdiction that never agreed by China, is against the essential logic of international and an unjustified abuse of the right to sue. China should point out Philippians’ abuse of this disputes settlement mechanism has violated the good faith obligation posed by article 300, make objection to the jurisdiction and make clear that China has the right to withdraw from the convention in order to protect its national sovereignty. Related Articles | Metrics | Comments（0） Select On The National Obligation to Provide Housing Security LING Wei-ci Journal of East China Normal University (Philosoph    2013, 45 (5): 63-68.   Abstract （790）   HTML （11）    PDF（pc） （486KB）（1232）       Knowledge map    Save After the disintegration of the “public rental housing allocation system” under the planned economy system, China has gradually built a new housing policy system which regulates the free housing market on the one hand and provides affordable housing on the other. It has been an important issue in the institutional construction and theoretical study to what extent the state has the obligation to provide housing security under legal restrictions. This paper analyses two levels of the national obligation on housing security with legal concepts “basic life” and “basic housing need”, maintaining that the security of basic housing need should be strictly restricted by laws and the constitution, while the security of those beyond basic housing need should respect administrational discretion, which should be based on improved democratic elements in policy making. Related Articles | Metrics | Comments（0） Select Fairness, Justice and Judicial Public Faith JIANG De-hai Journal of East China Normal University (Philosoph    2013, 45 (5): 69-76.   Abstract （852）   HTML （11）    PDF（pc） （519KB）（1434）       Knowledge map    Save Being essential to judicature, fairness and justice constitutes the premise of judicial public faith. Judicature with no fairness and justice has no judicial public faith. The history of judicature witnesses not only constantly advancing fairness and justice but also continuously improving judicial public faith. In modern times, judicial public faith is not only the requirement of democracy, but also the demand that the judicature must meet in order to reach social stability and present human wisdom. The more advanced our society is, the more powerful judicial public faith it will have. To improve judicial public faith, fairness and justice of judicature must be built. It is absolutely the necessary courage and wisdom to hold the banner of fairness and justice highly and rightly in the process where judicature guards the implementation of the constitution and judicial public faith is enhanced. Related Articles | Metrics | Comments（0） Select A Tentative Study on the Legal Independence in Modern China WANG Li-min Journal of East China Normal University (Philosoph    2013, 45 (3): 74-81.   Abstract （953）   HTML （14）    PDF（pc） （469KB）（1712）       Knowledge map    Save This article is divided into four parts. The first part discusses some general issues concerning the legal independence in modern China, which includes the definition of legal independence, its relationship with regime and sovereignty and its transformation during the Opium War. The second to the fourth parts cover other legal problems closely related to consular jurisdiction, concession, Hongkong and Macao in modern China. The discussion involves the immediate causes of China’s loss in legal independence and the consequences thereof as well as China’s efforts and achievements in restoring its legal independence. Related Articles | Metrics | Comments（0） Select The Truth and Proposition in Law: Review On Patterson’s Law and Truth SHAN Feng & CHEN Kun Journal of East China Normal University (Philosoph    2013, 45 (3): 82-91.   Abstract （1370）   HTML （15）    PDF（pc） （479KB）（2613）       Knowledge map    Save A great variety of propositions of law are used in legal practice. Does a proposition of law have its true value? What does it mean to say that a proposition of law is true? In answering these questions, Patterson criticizes legal formalism of Ernest Weinrib, moral realism of Michael Moore, semantics theory of David Brink, legal positivism of Hart and Dworkin and law interpretation theory of Stanley Fish. Moreover, combining the “modalities” (forms of argument) that Philip Bobbitt raised in constitutional interpretation and W. V. Quine’s “maxim of minimum mutilation”, he puts forward his own theory of propositions of law and explains the possibility of knowledge in legal field. Patterson also emphasizes the autonomous feature of the legal system and the judicial practice as well. Related Articles | Metrics | Comments（0） Select The Institutional Obstacles in the Rehabilitation of Special Population and Their Countermeasures WANG Rui-shan Journal of East China Normal University (Philosoph    2013, 45 (3): 92-96.   Abstract （931）   HTML （15）    PDF（pc） （413KB）（2257）       Knowledge map    Save Special population’s most obvious symbol is their special social experience and living status. Some of them (such as the mental patients) lack competence, others have special social experience (such as a penalty). They have certain difficulties in adapting or returning to normal social life, and hence need special care and help from the society. This article focuses on the institutional obstacles, as well as their causes, for special population to return back to their normal social life, and put forwards suggestions about how to eliminate these obstacles and construct the management and service system of special population. Related Articles | Metrics | Comments（0） Select On Dworkin’s Holistic Theory of Judiciary TANG Feng-He Journal of East China Normal University (Philosoph    2012, 44 (4): 78-85.   Abstract （1273）   HTML （4）    PDF（pc） （1385KB）（1384）       Knowledge map    Save In spite of their reasonable aspects, both of the backward-looking judicial mode of positivism and forward-looking judicial mode of pragmatism are biased. The judicial judgments of conciliationism fail to establish consistency between the past and the future either. Since its request to law is explainable judgments, Dworkin’s holistic theory of judiciary combines retrospective factors and prospective ones. Holistic judiciary defines contemporary law practice as an evolving political narration. Therefore it provides a coherent judicial model. However, being out of tune with the pluralistic moralities in modern society, Dworkin's holistic coherentism is subject to the attacks of Raz’s partial coherentism. Related Articles | Metrics | Comments（0） Select On the Definition of “Returning Original Property” MENG Qin-Guo, XU Jun Journal of East China Normal University (Philosoph    2012, 44 (4): 86-91.   Abstract （1112）   HTML （5）    PDF（pc） （1386KB）（1597）       Knowledge map    Save As far as the returning obligation of adverse possession is concerned, what should be returned is essentially not the tangible form but the special property interest of the original possessions. Since such property interest can exist in the property in a changed form, property right remains unless there is no property of any changed form, which is also the object of returning obligation of adverse possession. Related Articles | Metrics | Comments（0） Select On the Subject of the Local Government Financing Platform in Economic Law LI Hui-Jun Journal of East China Normal University (Philosoph    2012, 44 (4): 92-97.   Abstract （1318）   HTML （3）    PDF（pc） （1385KB）（1364）       Knowledge map    Save As an important vehicle for local government to conduct market activities, LGFP (Local Government Financing Platform) should have become one of the most important topics of economic law. The first issue is to define what kind of subject LGFV is in economic law. However, the relevant research is far from sufficiency. Traditional theory of economic law takes “government – mid-level subject in society – market” as a basic framework. While LGFV has a corporate personality, it executes the order of government. In addition, it lacks the independency of a mid-level subject in society. This thesis argues that LGFV should be regarded as a sort of sub-mid-level subject in society, which performs its duty entrusted by the government in the form of a market subject. Although this definition is optimal in the current system, it would be replaced by a more reasonable one with the deepening of marketization due to its innate defects. Related Articles | Metrics | Comments（0） Select The Applicable Manners of International Civil and Commercial Treaties in China and Their Improvements WANG Yong Journal of East China Normal University (Philosoph    2011, 43 (6): 78-82.   Abstract （1467）   HTML （5）    PDF（pc） （1266KB）（1612）       Knowledge map    Save In China those international civil and commercial treaties can be directly applied only in a limited scope and strict conditions owing to some reasons such as the constitution, laws and regulations, and judicial explanations. It is necessary to revise our country’s constitution and make specific legislations to define the law position of those accepted international civil and commercial treaties and clarify their applicable manners in China. Related Articles | Metrics | Comments（0） Select The Construction of Legal Mechanisms for China Financial Institutions’ Market Retreat WANG Zhi-Qin Journal of East China Normal University (Philosoph    2011, 43 (6): 83-91.   Abstract （1346）   HTML （4）    PDF（pc） （1259KB）（1552）       Knowledge map    Save In constructing legal mechanisms for market retreat of financial institutions, three legal relationships must be dealt with well: government and market, efficiency and security, and readjustment and liquidation. This paper makes a study of a series of American countermeasures to financial crisis, and sorts out some valuable lessons China financial institutions can learn in the construction of legal mechanisms for market retreat. Specifically speaking, the measures include: establishing systematic legal mechanisms for the financial crisis precaution before crisis, constructing a perfect legal assistance mechanism and macroprudential financial supervisory mechanism. Related Articles | Metrics | Comments（0） Select Exploiting the Philosophical Origin of the Binding Force of Contracts Chen Rong Journal of East China Normal University (Philosoph    2011, 43 (1): 61-69.   Abstract （1431）   HTML （17）    PDF（pc） （1743KB）（708）       Knowledge map    Save The concept of Causa in Civil Law system originated in ancient Roman law. In the 14th century, the Commentators found the general theory of Causa when interpreting the texts of Roman law through Aristotelian and Thomistic philosophical conceptions. In 16th century, late scholastics achieved the synthesis between Roman law and Aristotelian and Thomistic moral philosophy. They concluded that the promises are enforceable if they are made for the virtues of liberty and commutative justice. The insufficiency of modern contract theory implies the philosophical advantage of the doctrine of Causa. Legal science can not be isolated from philosophy. Laws should be rooted in moral, improve human virtue, and reflect the multiple pursuits in promises. Related Articles | Metrics | Comments（0） Select Economic Analysis of Evolution of Liabilities for Damage WANG Yi &HUANG Yong-feng Journal of East China Normal University (Philosoph    2011, 43 (1): 70-76.   Abstract （1473）   HTML （12）    PDF（pc） （1774KB）（424）       Knowledge map    Save Ownership of the right to revenge is the most important constraint faced by people when society is to choose the form of liability for harm. The evolution of liabilities accompanies the confirmation of the right to revenge, which facilitates the exchange between perpetrators and victims. The shift from private relief to public relief reflects a transformation to different arrangements in contract for exchange and to different efficiency. Therefore, from the perspective of economic analysis, liabilities are mechanisms adopted to effectuate the exchange between harm and punishment, which takes the right to revenge as the subject matter; the evolution of liabilities in essence equals the development of exchange of the right to revenge. Related Articles | Metrics | Comments（0） Select The Conflict and Reconciliation of China’s Criminal Judicature with UN Convention against Corruption Su Min-hua⊃&Wang Yong-jie⊃ Journal of East China Normal University (Philosoph    2011, 43 (1): 77-82.   Abstract （1312）   HTML （12）    PDF（pc） （1705KB）（363）       Knowledge map    Save Corruption is one of the issues that both our country and people pay very much attention to. How to effectively fight against the corruption related crimes by making full use of the mechanism proscribed by UN Convention against Corruption deserves our serious consideration. This paper examines the conflicts between China’s criminal substantial law, procedural law and UN Convention against Corruption, analyses the issue of how to make our criminal law consistent with the Convention, and accordingly discusses how to improve out criminal justice system to fight against corruption. Related Articles | Metrics | Comments（0） Select Journal of East China Normal University (Philosoph    2010, 42 (3): 40-47.   Abstract （1580）   HTML （10）          Knowledge map    Save Related Articles | Metrics | Comments（0） Select Journal of East China Normal University (Philosoph    2010, 42 (3): 48-51.   Abstract （1684）   HTML （11）          Knowledge map    Save Related Articles | Metrics | Comments（0） Select Journal of East China Normal University (Philosoph    0, (): 51-57.   Abstract （1039）            Knowledge map    Save Related Articles | Metrics | Comments（0） Select An Exploration of the Rule of Opinion Evidence MA Gui-xiang &ZHANG Hai-yang Journal of East China Normal University (Philosoph    2009, 41 (2): 60-65.   Abstract （1765）   HTML （8）          Knowledge map    Save Related Articles | Metrics | Comments（0） Select A Research on the social Structure of Judicial Expertise: In the View of Game in Sociology WANG Yong-jie Journal of East China Normal University (Philosoph    2009, 41 (2): 66-74.   Abstract （1798）   HTML （8）          Knowledge map    Save Related Articles | Metrics | Comments（0）