2020, Vol. 33 No.1
Publication date: 25 January 2020
There are five modes in the establishment of juvenile judicial institutions in China. The independence of judicial institutions guarantees the professionalism and special requirements of juvenile justice. Independent setting of the juvenile court in China has been confused with low number of cases and inadequate resources, so advocating the establishment of the juvenile and family tribunal have rationality and necessity. However, the tribunal cannot fundamentally overcome the dilemma of weakened juvenile justice. Under the model of juvenile and family tribunal, juvenile trial should maintain relative independence and adhere to its own characteristics in the allocation of judicial personnel, procedure and working mechanism. In the end, integrating existing judicial resources, establishing cross-regional specialized basic juvenile and family courts and establishing a number of juvenile tribunals under the juvenile and family courts, is to ensure the independent operation and development of juvenile justice in China, fully reflect the characteristics and professional requirements of juvenile justice.
Judicial judgments have different views on the rights of donors of social service institutions. The investment behavior has the characteristics of unidirectionality, altruism and conditionality. Donors and social service institutions have independent legal personality. Under the separation of the three powers of "principal right-control right-beneficiary right", donors have the right to show their names, set up the purpose of social service institutions and governance mechanism, and ensure the right to realize the purpose of investment by means of election, voting and supervision. The exercise of the rights of donors shall not violate the law, public order and good customs, damage the independent personality of legal persons, damage the rights and interests of "stakeholders", and be restricted by the purpose of investment. Legislation should classify social service institutions into public welfare and mutual benefit according to the criterion of purpose. More restrictions should be set on the exercise of the rights of donors of public welfare institutions in order to reduce the subjective arbitrariness of donors, while donors and beneficiaries of mutual benefit institutions should have more autonomy.
With the change of social wealth's form, the equity-based foundation has gradually become the main form of large public welfare foundation. The equity-based foundation is a kind of share-holding consortium, enterprise foundation, and non-public foundation, in whose management there are three typical issues, the exercising of equity, profit transfer between the foundation and relevant enterprises, and the operation of assets. The equity-based foundation shall exercise its equity by adopting restricted preferred shares and voting right delegation model; shall regulate profit transfer between the foundation and relevant enterprises by defining directors' duty of loyalty, compulsorily disclosing information and prohibiting related transactions; shall manage assets by appropriate professional teams and operation model, and making long-term arrangements for operating expenses.
The General Principles of Civil Law of PRC gives the rural collective economic organization a special legal person status, but the specific rules have not been determined. At present, China has not regulated rural collective economic organizations through the establishment of a unified civil separate law, and relevant regulations are scattered among many legal norms.The fragmentation of legal norms has caused the basic connotation of rural collective economic organizations to be unclear, which has caused confusion in the applicable understanding of theory and practice, and has led to a rich understanding of rural collective economic organizations' legal person attributes, governance structure, and membership system.Therefore, it is urgent to clarify the basic connotation of rural collective economic organizations and clarify their concepts and characteristics. However, the rural collective economic organization is constantly innovating in evolution, by sorting out the evolutionary history and exploring the inherent logic contained in it, it can effectively clarify its basic connotation, which will help the finalization of legalization, build and improve the governance structure and specific rules to promote the effective role of rural collective economic organizations.
"Chinese Classics" has rich connotation as a modern discipline. While the research objects are traditional, the teaching methods and research system of Chinese Classics are rather new and modern as a positive supplement of the humanities mainly based on the discipline of Literature, History and Philosophy. Firstly, it reflects the problem of suitability of modern discipline system applied in Chinese classical study. Secondly, it focuses on advancing and enriching the positive parts of Chinese tradition rather than criticizing the negative parts. As for the teaching methods, Chinese Classic courses pay much attention to the study of classic works and emphasize on the balance between knowledge and value, which makes it a suitable carrier of liberal arts education that can have great influence not only in professional learning of humanities but also the liberal education with the purpose of culture inheritance and personality cultivation.
In the contemporary higher education curriculum system, the appropriate position of Chinese classic curriculum is humanistic education, aiming at with cultural inheritance, moral cultivation and speculative cultivation. In terms of knowledge attribute, it is between "history explanatory knowledge" and "critical knowledge", which makes it different from traditional education of Confucian classics. As for the concern of value identification, it is a kind of bottom line identification with "warmth and respect" attitude to the tradition, rather than taking it as an unalterable principle, so reflective discussion is encouraged in class. The courses of Chinese classics consist an important part of the classic study curriculum system, which makes it one of the value resources in the vision between ancient and modern, China and the West. The quality and effect of the courses depends on the input of sufficient teaching resources.
Harvard has helped to shape the American system of higher education, which is magnificent in its independence, sweep, and diversity. The General Education system that came into operation in 2019 has made great effort to prepare students for civic engagement, to develop students' understanding of the ethical dimensions of what they say and do, to enable students to respond critically and constructively to change, and to teach students to understand themselves as products of, and participants in, traditions of art, ideas, and values, in the process of which, the classical education is provided in different forms, embodying and defending three essential values Harvard represents:veritas, excellence and opportunity. The exploration of the forms of classical education and its features, based on an observation of the GE system at Harvard University, may bring about some inspiration for China.
The regulations and systems on the work of party branches of the communist party of China (CPC) are the normative system formulated and implemented by the CPC at a certain level to regulate the work and activities of party branches and related subjects. Marxist practical view, legislative theory and democratic centralism are the theoretical basis for formulating the regulations and systems on the work of party branches. With the investigation on the changes and development of the previous party constitution, other inner-party regulations and normative documents on the work of party branch, the research finds the emergence, formation and development of the regulations and systems on the work of party branches is a historical process of creative construction based on the continuous changes of the world, national conditions and party conditions. The regulations on the work of party branches are not only a basic system of inner-party laws and regulations, but also a main system in the work system of primary party organizations. Regulations on the Work of Party Branches of CPC (Trial Implementation) is the first basic and backbone law to standardize the work of Party branches in the history of the CPC. It is an important system innovation extending from strictly governing the party to party branches and party members. It fills the gap of branch work regulations in the construction of grass-roots party organization system, marking that the work and activities of party branch step into the standard and standardized track in an all-round way.
The degree of people's trust in township government is an important factor affecting whether the government can effectively provide public management and public services. The corruption of the township government and the phenomenon of integrity but inaction seriously weaken the government's credibility. Based on the data of China's township democracy and governance survey, this paper empirically analyzes the impact of corruption perception and public service effectiveness on township government trust and its intergenerational and regional differences. The results show that rural residents who have poor perception of government corruption have a low degree of trust in the township government. The impact of public service effectiveness on the trust of rural residents in the township government has significant group differences. The political trust of youth groups is mainly affected by social security, public health care, and environmental governance, etc., for the middle-aged and elderly rural residents, the social security situation, social security level and public transportation perfection provided by the township government will become the main factors restricting their political trust. The township government of rural residents in the central and western regions' trust is higher than the eastern regions.
In the context of the new media era, the integrity culture plays an important role in anti-corruption. The survey shows that the public has achieved better communication through the new media represented by Weibo, WeChat, films, TV dramas and documentaries that reflect the types of anti-corruption themes. The communication of integrity culture can enhance the public's understanding of the dangers of corruption, the public's determination to maintain integrity and can increase the public's willingness to report corruption; age, income and education level have no correlation with public attitudes towards corruption. There is no correlation between income and the public's understanding of the harm of corruption, nor between income and the public's willingness to report corruption. Age and education level are negatively correlated with the public's understanding of the harm of corruption; age and education level are negatively correlated with the public's willingness to report corruption. In order to enhance the effect of honest culture communication, it is necessary to further explore the integrity culture function of the new media platform, give full play to the role of TV news and TV dramas, and fully integrate new media with traditional media to strengthen the integrity education for the young people and children.
Since the 18th CPC National Congress, China has made remarkable achievements in anti-corruption work and won an overwhelming victory in the struggle against corruption. Anti-corruption in China has attracted wide attention at home and abroad. Telling China's integrity stories to the world is of great significance for building a good business environment, shaping a good international image of China and improving the soft power of Chinese culture. At present, China's anti-corruption work has entered a new historical stage. Since the 18th CPC National Congress, China's anti-corruption work has received extensive positive comments at home and abroad, but there are also some misunderstandings or doubts, which constitute a realistic environment for telling China's integrity stories well in the new era. In order to fully present China's anti-corruption condition and enhance China's image of integrity, it is necessary to continue to promote China's anti-corruption work, build a scientific and effective story-telling strategy, broaden the platform for story-telling, and strive to tell China's integrity stories to the world.
In the process of promoting the reform of government purchasing services in an all-round way, the construction and improvement of the positive interactive development relationship between government purchasing services and social organizations determines the success or failure of the reform of government purchasing services and the cultivation and development of social organizations. Therefore, in the new situation, it is necessary to analyze the dynamic mechanism and internal mechanism of the interaction between government purchase service reform and social organizations, which is the decisive factor affecting and restricting the interaction between the two. Generally speaking, the interactive development of government purchasing service reform and social organizations at this stage is a clear response to the reform of administrative system and the construction of cloudy public service supply system, as well as the coordination between financial capacity and the responsibility of public service supply. At the same time, it conforms to the internal motive force and external conditions for the development of social organizations. Based on the internal logic of the reform of government purchasing services and the basic strategy of the development of social organizations, the decisive factors restricting the construction and improvement of the positive interaction between the two are mainly the transformation of government functions, the public financial system, the system of institutional norms and the level of market-oriented development.
Based on the data of 77 cities in China from 2004 to 2012, the STIRPAT model combined with linear mixed model is constructed to study the influencing factors of urban industrial pollution in eastern, central and western regions of China. The results show that, as a whole, with the expansion of population size, urbanization process and the industrialization process, industrial pollution will be significantly increasing. Improvements in the energy consumption structure will help reducing industrial pollution. At the same time, there is a "U" shape Kuznets curve of industrial pollution in China's urbans. With GDP per capita growing, industrial pollution firstly decreases and then increases. The impact of population size on industrial pollution varies with regions. This influence in the western region is greater than that in the eastern and central regions. Policy implications for controlling industrial pollution in Chinese cities will be provided.
This paper conducted a coupling measurement of urban land expansion and population growth in the Beijing-Tianjin-Hebei region, taking 13 cities as research objects. Overall coupled situation model and spatial coupling feature model are adopted to analyze the overall coupling and spatial coupling characteristics of urban land expansion and population growth in the region during 2000-2016. Furthermore, the periodical characteristics and evolution trends of the region are also manifested. Finally, this paper regards policy guidance as the main driving factor in promoting urban land expansion and population growth in Beijing-Tianjin-Hebei region to probe into the policy and recommendations for further urbanization of this region.
Under the background of supply-side structural reform, Jinjiang Model, as one of the representatives of county economic development mode, has its own unique development conditions and characteristics. Through the comparison of the characteristics in Jinjiang Model, Wenzhou Model, Sunan Model and Pearl River Delta Model, and according to the growth model of total factor productivity based on 1999-2017 economic data of Jinjiang city, this paper calculates and analyzes the contribution rate and characteristics of capital, labor and total factor productivity to Jinjiang's economic growth in different periods, then summarizes the dynamic mechanism of which promotes Jinjiang Model to realize the sustainable growth in the economy.
To stimulate the research enthusiasm of young talents and promote the implementation of youth talents support program of Beihang University effectively, this paper will present a method for evaluating young talents based on the analytic hierarchy process (AHP) to make the evaluation process objective, open and transparent. Firstly, we construct an index system for evaluating young talents from the aspects of scientific research output, scientific research participation, talent cultivation and personal growth. Then, based on AHP method, the comprehensive evaluation of young talents is carried out. Finally, an example is given to illustrate the effectiveness of the method.
While various information changes the society, it also ignited a revolution in information protection on the law. Civil aviation industry is a rising industry with massive information. The importance of its personal information protection cannot be underestimated. The personal information of civil aviation passengers has the characteristics of authenticity, national security, cross-border nature, multiple links and commodity, which is more prominent than the general industry. Due to the involvement of third-party information processors, the case of civil aviation passenger information leakage has also become more complicated. At present, China has more principled provisions on the protection of personal information, and the legislation is relatively scattered and not perfect. Personal information legal protection of the civil aviation passengers is insufficient in term of particularity. Legal system over civil passengers' personal information protection should be established with "laws, administrative regulation, regulations, standards (guidelines)". We shall clarify civil aviation passengers' personal information protection obligations and responsibility, establish recommended industry standard and construct a stereoscopic supervision in information governance.
The recent "China Eastern Airline Passenger Rescue" incident has become a hot spot of public concern. This type of alternate landing event involves many legal relationships, such as the ones between the airline and the sickened passenger, the airline and other passengers, and of course the sickened passenger and other passengers. In order to clarify the legal responsibilities in such incidents, it is necessary to consider the "Convention for the Unification of Certain Rules for International Carriage by Air"(also as known as The Montreal Convention of 1999) and Chinese Civil Law as the legal basis, combined with the judicial practice of the US courts and case studies. The research shows the airline has the obligation to rescue the passengers, but the alternate is not necessary; the loss of fuel and other standby costs should be borne by the passengers; the passengers' loss caused by delay should not be borne by the airline but the sickened passenger, and that the carrier is not obligated to pay for the sickened passenger's medical expenses.
Sino-US trade war prompts us to rethink the social value of university. From the history of university development worldwide, social service function promote higher education to massification, popularization and diversification. In this process, both research-oriented universities in the US and application-oriented universities in Europe show strong vitality because they focus the scientific research on serving national strategy and regional development. With a new paradigm emerged knowledge production is no longer confined to university. The interaction and integration logic of "scientific research function" and "social service function" of university proves the social value of scientific research in practice and theory, scientific research in universities not only needs to explore freely but also solve practical problems of social development. Therefore, we should make efforts in the following three aspects:to start the "engine" of diversified funding sources, to activate the "catalyst" of cross-disciplinary research, and to use the "baton" of the scientific evaluation system.
Industry-education integration plays an important role in promoting university discipline construction. Based on the analysis of the main links between discipline construction and industries, according to the topological structure of discipline construction docking with industry, and the internal relationship between disciplines and industries, this paper divides the paths of promoting discipline construction through industry-education integration into three types:the docking mode of discipline cluster and industry cluster, the docking mode of discipline chain and industry chain, the radiating and driving mode of emerging disciplines and cutting-edge disciplines. In order to deepen industry-education integration and accelerate the construction of disciplines, it is necessary to further optimize the layout of disciplines, strengthen the construction of cross disciplines and create a good discipline ecology.
Since the founding of the People's Republic of China, China's postgraduate enrollment system has become more and more perfect, and its institutional changes have experienced the stage of Su, the preliminary exploration stage, the comprehensive suspension stage, the restoration of the initial construction stage, the standardized development stage, the rapid development stage, and the connotation development stage. The changes in the enrollment system for postgraduate students in China are deeply affected by the deep structural factors such as the changes in the national macro-institutional environment, political development and key actors. The path dependence factors of institutional change include the one-way leadership of the government, the need of political and economic development, the traditional examination concept and the academic evaluation method. To this end, it is necessary to reverse the traditional examination concept and academic evaluation methods, build a multi-enrollment path with specific classification and types, establish a specialized third-party examination institution, and promote the separation of recruitment.