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2018, Vol.31 Num.5
Online: 2018-09-25



 
 
1 HE Haibo
Administrative Litigation Law Research 3.0 in China

With the amendment of the Administrative Litigation Law (ALL) in 2014, research on the ALL has entered its 3.0 era. Scholars are facing subjects of different levels:Many issues arising from the amended law need to be interpreted and clarified; some fundamental institutions to be improved through long-term in-depth study; the dynamic pictures of legal practice to be described through empirical research. Scholars need more awareness on the research methodologies:Case study, principle elaborations and comparative law study, which are familiar to most legal scholars, should be more professional; comprehensive, cross-disciplinary study will be on rise; empirical study (especially quantative analysis based on the publicized judicial data) will be widely used.

2018 Vol. 31 (5): 1-8 [Abstract] ( 34 ) [HTML] ( ) [PDF 1194KB] ( 78 )
9 ZHAO Hong
Application of Protection Standard Theory to the Qualification of Complainants

The plaintiff qualification of the complainant is a hot topic in the recent administrative trial practice in China. The new judicial interpretation attempts to delineate the qualifications of plaintiff by distinguishing the complainant for private interest and public interest. However, from the perspective of the theory of subjective public rights and protection norms, citizens do not have the generalized right to request administrative enforcement of the law. The right to report clause does not give the complainer the subjective public right to apply the administrative organ to intervene in the concrete case and make specific treatment. Therefore, not only the complainants for the public good have no plaintiff qualifications, but even the complainants for the personal interests do not necessarily have plaintiff qualifications. From the perspective of the protection norm theory whether the "private interest" that the complainants want to defend belongs to the plaintiff qualification of the complainant is a hot topic in the recent administrative trial practice in China. The new judicial interpretation attempts to delineate the qualifications of plaintiff by distinguishing the complainant for private interest and public interest. However, from the perspective of the theory of subjective public rights and protection norms, citizens do not have the generalized right to request administrative enforcement of the law. The right to report clause does not give the complainer the subjective public right to apply the administrative organ to intervene in the concrete case and make specific treatment. Therefore, not only the complainants for the public good have no plaintiff qualifications, but even the complainants for the personal interests do not necessarily have plaintiff qualifications. From the perspective of the protection norm theory whether the "private interest" that the complainants want to defend belongs to the subjective public right or not, needs to resort to the law norms on which the administrative organ makes the concrete act, and to judge whether the norm is purely or simultaneously for the protection of a private interest of the complainants.

2018 Vol. 31 (5): 9-17 [Abstract] ( 25 ) [HTML] ( ) [PDF 1072KB] ( 61 )
18 WANG Guisong
On Declaration of Nullity of Administrative Contract

As a way of administrative activities, administrative contracts need to comply with the principle of administration by congress's laws; as having the attributes of contracts, administrative contracts must abide by the basic principles of contracts. The nullity standard of administrative act may be applied in the declaration of the nullity of administrative contract, but there may still be special nullity standards for the administrative contract; the nullity standard of the civil contract law may also apply mutatis mutandis, but it still needs to be coordinated with the principle of public law. The determination and selection of the nullity standard of administrative contact requires the measurement of values between the principle of administration by congress's laws, strict adherence to the law, the superiority of law, the stability of law and reliance protection.

2018 Vol. 31 (5): 18-23,102 [Abstract] ( 19 ) [HTML] ( ) [PDF 1080KB] ( 54 )
24 LONG Weiqiu, PANG Yu
Dual Nature and Reform Path of the Science and Technology Cluster

As self-management cluster with professional characteristics in the field of science and technology, the science and technology cluster has not only a special meaning for any individual subject in this field, but also for the whole development and even the national strategy of "Rejuvenating the Country through Science and Technology". To carry out the reform of scientific and technological cluster, we must first understand its history and uniqueness. As a special creation of the Communist Party of China to govern the society, the science and technology cluster is a political and social organization system with a characteristics of dynamic "core-periphery" gradually formed in the process of revolution and construction, relying on its own network in dealing with the complex social system and integrating various political powers. The cluster plays an important role in respective areas in social guide, organization, and management. In order to carry out the reform of scientific and technological cluster organizations, it is necessary to stand in the new era and put forward new requirements for its nature and functions. Therefore, the further reform and development of the science and technology cluster needs to clarify three logics, namely Chinese logic, times logic and theory logic. In general, the scientific and technological cluster should pay attention to the dual nature of its political and social organizations in the reform. Accordingly coupling paths should be taken in the reform of the double main body structure, promoting political attribute, emphasizing the social organization attributes, and strengthening full self-independence and the establishment of a set of governance structure system with the function of self-organization and self-management. All these should be conducted within the laws, party rules and self-reliance regulations to complete the reform.

2018 Vol. 31 (5): 24-30 [Abstract] ( 21 ) [HTML] ( ) [PDF 1111KB] ( 47 )
31 LU Huilin, SONG Xinmiao, ZHAO Xiaomeng, LI Ding
Agricultural Technology Association's Role in Accurate Poverty Alleviation and Reform of Grassroots Science Associations

As a cooperative organization established by rural residents spontaneously organized by rural professional and technical associations, while helping farmers to improve production, it also has a positive effect on promoting the development of poverty alleviation work in rural areas. However, there is still much room for improvement in the practical application of this mechanism. Through on-the-spot investigations on the opening of agricultural technology associations in different regions, it can be seen that the Agricultural Technology Association has the role of relying on soil experts to play a role in poverty alleviation, which helps to maximize the use of human resources and natural resources, and communicates farmers and markets. In the implementation status of this mechanism, there are still problems such as low technical level and insufficient organizational resources. It is necessary to promote the transformation of grassroots science associations on the basis of clearing the agreement of agricultural technology, and then explore the traditional production of farmers by the Agricultural Technology Association. Ways to provide intellectual support for winning the fight against poverty.

2018 Vol. 31 (5): 31-36 [Abstract] ( 18 ) [HTML] ( ) [PDF 985KB] ( 40 )
37 WANG Tianhua
Japan's Science and Technology Policy and Technology Group Overview

The scientific and technological community is one element of science and technology policy, and the close relationship between the two makes the reform of the scientific and technological community more diversified. Japan's science and technology policy has been matured many times in the past, and the construction, responsibility and work of the science and technology community are relatively perfect. Studying its development process, the positioning and reform of China's science and technology associations can not only provide a path of exploration, but also complement each other with experience. After researching the status quo of Japan's science and technology policy and the normative development of science and technology missions, it is recommended that China's science and technology associations propose to establish an open communication system with other institutions in the society, and draw on the laws recognized by relevant Japanese legal persons in legislation to absorb knowledge or resources of humanities and social sciences. Organize lectures or seminars on hot topics for the society.

2018 Vol. 31 (5): 37-43 [Abstract] ( 9 ) [HTML] ( ) [PDF 1075KB] ( 43 )
 

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