2020, Vol. 33 No.5
Publication date: 25 September 2020
Civil Code Articles 403, 404 and 406 introduce new regulations on the transfer of mortgaged property,so their relationship needs to be clarified. Article 406, paragraph 1, sentence 3 should be limited to real estate mortgage. In the field of chattel mortgage Article 403, sub-sentence 2, and Article 404 take the role as lex specials, each of which provides a reason for the elimination of chattel mortgage. The former is the "burdenless acquisition by a bona fide assignee", while, the latter is the "rule of normal transaction". Since the "rule of normal transaction" is extended to fixed mortgage, there are highly complex conflicts between Article 403, sub-sentence 2 und Article 404. These conflicts can only be resolved by distinguishing different types of cases. When the chattel mortgage is not registered, Article 403, sub-sentence 2 shall prevail as lex specialis if the assignee is in good faith. If the assignee is malicious, then Article 404 applies in succession to Article 403, sub-sentence 2, so that the malicious assignee can also claim the elimination of the mortgage. When the chattel mortgage has been registered, the central issue is whether the registration content can cover the transacted specific subject. If not, the applicability of Article 404 should be affirmed so that registration does not prevent the elimination of the mortgage under Article 404.
The general provision of the personal rights is a special clause in Civil Code aiming at maintaining the flexibility of the code and comprehensive protection of the personal dignity. It holds the similar expression to the provision of the basic rights in Chinese Constitution and the dignity-clause of the Civil Code, and plays a parallel function of the general provision in Tort Law. However, with its particular role, the general provision takes its own value in the legal system. The dispute on the nature of this clause is actually a theoretical controversy. Considering the conceptual accuracy of law, its nature as a general provision of personal rights rather than a general right of person should be insisted. Finally, in order to realize a better application of this provision and the specific exposition of the meaning of each term, the typical thinking and the discretion judicial obviously are needed.
The innovation and practice of deep learning algorithm provide decision-makers with visual prediction of risk avoidance and efficiency optimization. The Civil Code for the first time responded to the social concern of "personal information" protection issues, completed the transition from "rational person" to "information person", but failed to respond to the special protection needs of face recognition information which immutable and personality rights and interests attributes. In the face of the continuous deepening of the application practice of face brushing payment and face search and the new problems raised by the first case of Hangzhou face recognition, on the one hand, the judges need to reinterpret the application mode of informed consent and other specific rules under the existing style of the Civil Code; on the other hand, under the guidance of "response law", legislators need to adjust the application of specific rules such as "informed consent" in the existing Civil Code. The special protection rules of biometric information are established at the department level.
A correct understanding of Leninism and its contemporary values is an urgent need to hold high the great banner of socialism with Chinese characteristics and carry out socialist modernization with Chinese characteristics. Leninism is the ideology of Lenin in the stage of monopoly capitalism, leading the Russian proletarian revolution and carrying out preliminary exploration of socialist construction. It arises from the needs of the proletarian revolutionary era under imperialism and has important contemporary significance. Leninism realized the organic combination of the basic principles of Marxism with the Russian socialist revolution and construction practice, promoted the new development of Marxism, opened up the road of nationalization and popularization of Marxism, and revealed the basic trend of modern civilization and its realization path by pointing out the direction and road for the further development of human society. Leninism provided the important ideological foundation for both Mao Zedong Thought from practices in China, and the theoretical system of socialism Chinese characteristics.
The development and innovation of Mao Zedong on Marx's theory of historiography is an important content of Mao Zedong's Thought. His exposition of historical issues has undergone a process from accepting Marx's historical materialism to continuous development and innovation. Mao Zedong's historical thought embodies the inheritance and breakthrough of the traditional historiography with Marx's view of history, which shows that Mao Zedong regards and treats Chinese society and revolution with Chinese culture as the standard, and scientifically evaluates the status and function of historical figures. The history of Mao Zedong's Thought is not only valuable for the analysis of Chinese problems, and guiding Chinese revolution, but also valuable for the promoting and directing effects of Marx's historiography in China.
As a public health crisis that ravages the world, the corona virus disease 2019 (COVID-19) has received global attention. The Central Committee of the Communist Party of China puts the safety of the people's lives first, organizes all parties to carry out joint prevention and control, and conducts coordinated governance with international organizations and countries with overseas virus spread. All-round joint defense and joint control demonstrates the advantages of the linkage mechanism under the unitary state system—"centralized all efforts for significant projects". The practise proves that, on the basis of multi-agent collaboration among central regions, local regions and departments, etc., multi-factor collaboration is also needed from the aspects of human resource transfer and allocation, information resource interconnection and sharing, material resource financing and deployment, and technological resource innovation and exchange. Meanwhile, it is necessary to improve the coordination mechanism of organization, mobilization, decision-making, command and execution to fight against the epidemic more efficiently and accurately in collaboration.
Collaborative governance of emergency is not a simple patchwork or mechanical combination of multiple subjects, but a process of effective interaction and integration according to the emergency management situation. Voluntary organizations are the main embedded forces in the collaborative governance of public health emergencies. In the process of corona virus disease 2019 (COVID-19) prevention and control, voluntary organizations actively embedded resources, functions and relationships, reflecting the characteristics of organization, socialization, and online system that are different from previous volunteer services, thus, become an important part of emergency collaborative governance system. This progress comes from the combination, nesting, mutual consultation and innovation of policy tools, and more from the strong advantages of the socialist system with Chinese characteristics. At present, the pattern of emergency collaborative governance is still under construction, and the "embedding" action of voluntary organizations is still affected by system, technology and concept. So, it is necessary to further promote the "embedding" action of voluntary organizations by improving the emergency legal guarantee mechanism and collaborative governance system, straightening out the relationship between government and society, and enhancing the ability of voluntary organizations.
Information transmission is of great significance for the government to effectively respond to public health emergencies. While screening information to form policy judgment resources, the government's ability to filter, screen, communicate and analyze information also needs to be strengthened. This paper takes the information transmission in the corona virus disease 2019 (COVID-19) in 2020 as the research object. The five types of media — central government media, vertical professional media, national market-oriented media, local government media, and local urban media are chosen to be studied. The micro-blog information released during the period was used for the descriptive analysis of word frequency radar. This paper uses the information space communication model to analyze the characteristics of information transmission from three perspectives: professional and non-professional media, power and non-power media, and different administrative levels. The analysis shows that when the government responds to information transmission in public health emergencies, the timeliness of the professional field of information transmission to the decision-making level, the content filtering of different levels of information transmission, and the loss of authority information transmission need to be strengthened. Therefore, it is necessary to increase the transmission of professional information, reduce the filtering of hierarchical information, enhance the release of authoritative information, and strengthen the construction of information management.
What is the development of the procedure of the central inner Party's laws is a crucial issue. From the perspective of legislative technology, the central inner Party's laws have two categories: one is those laws without procedural statements, such as the Party Constitution and guidelines; the other is those laws with procedural statements, such as regulations, provisions, rules, methods and detailed rules. Although there are no formal procedures in the central inner Party's laws without procedures, they provide political guidance for the formulation of other inner Party's laws. In the central inner Party's laws with procedural statements, the procedural statements are generally scattered in different chapters of the inner Party's laws in an embedded mode, without forming a special procedural law; the procedural statements of some regulations, provisions, rules, methods and detailed rules have the characteristics of the procedural law. Based on the democratic rights of Party members, we should innovate the ideas of the design of procedures of inner Party's laws, strengthen the awareness and concept of procedures, and realize the unity of substantive regulations and procedural regulations within the Party.
The inspection system of the CPC (Communist Party of China) is an important system of supervision within the Party. This system has been innovated and reformed since the 18th National Congress of the CPC. Through a review of the evolution of the inspection system within the Party, this paper shows that the development of the inspection system has a distinct phase characteristic; the inspection system has shown continuity and innovation after the 18th National Congress of the CPC. On the basis of its original system, the inspection system has continuously innovated on the mythos, position, way, methods, and employment mechanism. The effectiveness of the inspection system highlights the dual logical aspects of internal and external factors: as for the internal factors, the central government has attached great importance to inspections to reflect the key role of internal factors since the 18th National Congress of the CPC; as for the external factors, the inspection system becomes more progressive and standardized, the composition of inspector has become more reasonable, and the literacy is constantly improved, which demonstrate the promoting role of external factors.
The system of the Party and state supervision plays an important role in the system of state governance. It contains several segments, which differ greatly in the subject and mode of supervision. Based on relevant literature and description of the characteristics of the supervision systems of the Party and state, a set of indicators to evaluate the effectiveness of the supervision systems is constructed. The indicator system includes five first-level indicators and 10 second-level indicators, such as independence, authority, integrity, professionalism and accountability. Overall analysis and trend analysis can be conducted to guide the construction and improvement of supervision institution.
Departments of discipline inspection and supervision represents an important practical exploration of China's efforts to transform the logic of corruption governance and construct the normalcy mechanism of corruption governance. However, when it comes to the adherence to the strategic pattern of improving the Party and national supervision systems, accredited supervision still faces a series of issues, including the mutual impact between setting and organizational structure, the entanglement of independence and information symmetry, the disorder of accredited institutions' internal leadership mechanism, and the hierarchically diminishing effectiveness of accredited supervision. By referring to the reform trend of accredited supervision since the 18th National Congress of the Party, this paper proposes that the innovative development of accredited supervision could be promoted in the following aspects: give full play to the comparative advantages of accredited supervision in corruption preventions, deepen the reforms for a unified management of accredited institutions, improve the assessment mechanism of accredited institutions, and enhance the professional construction of accredited institutions.
Xi Jinping's important exposition on the reform of the national supervisory system has an important position in Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era and national supervisory work in the new era, and urgently needs to be studied in depth. From the perspective of text analysis we find that the important discourse follows the logical clues of "the cause of reform — the goal of reform — the follow-up task of reform". The main contents include: the practice of state supervision system reform needs to make up for the structural and functional defects of the original discipline inspection and anti-corruption system, and realistic goals. It is a new type of national supervision system that shapes the Party's unified leadership, centralization and unity, and effective and comprehensive coverage. The main task of continuing to deepen reform is to ensure the integrity and effectiveness of the supervision power. The era value of Xi Jinping's important exposition on the reform of the national supervisory system lies in: on the one hand, from a theoretical point of view, it represents the latest achievement of the sinicization of the Marxist supervisory theory. Xi Jinping combined the specific national conditions and characteristics of the new era, developed and innovated the previous administrative supervision theory from the dimension of political system optimization; on the other hand, from a practical perspective, it guides China to build a national supervision system with Chinese characteristics and unique advantages, and contributes the Chinese plan to solving the problem of power supervision for long-term ruling political parties around the world.
Based on the 2010 to 2017 palm oil futures price data of China Dalian Commodity Exchange, Bursa Malaysia Derivatives Berhad and Indonesia Commodity & Derivatives Exchange, this paper empirically analyzed the price discovery function of palm oil futures markets in China, Malaysia and Indonesia. It is found that as an important importing country, China does not yet have the international pricing power of palm oil futures, and Malaysia is the international pricing center of palm oil. There is a threshold effect in the international transmission of palm oil futures prices. When the error correction term is greater than 0.383, Indonesia's palm oil futures prices will have a significant impact on the Chinese market. A further discussion shows that closeness and virtualization are two of the main reasons for the lack of international pricing power in China's futures market: expanding opened-up is the only way for China's futures market to obtain international pricing power; and serving the development of real economy is the fundamental policy for the development of futures market.
Government procurement is an important channel of national financial expenditure, and users' satisfaction on it is an essential indicator, which reflects their recognition degree to purchasing activities. By using Kano model, this research takes a survey on educational books and equipment, and makes a data analysis among teachers and students, the result shows that the top four items of increasing customer satisfaction are financial openness, practicability, timely completion as well as rapid after-sale response. Therefore, government should first of all, fully publicize relevant financial information. Then, the actual demand need to be concerned in order to improve practicability. Moreover, enterprises can be encouraged to be self-disciplined, and management system should be perfected to urge enterprises to fulfill contracts on time. Finally, government can give priority to suppliers who integrate sales and maintenance, in addition to promoting the formation of sound mechanisms and so on.
The corona virus disease (COVID-19) has significant negative impact on the operation of civil aviation industry. Civil Aviation Administration of China (CAAC) has introduced a package of measures to help the industry to recover, and have already achieved positive results. A safe, secure, efficient and resilient air transportation system that addresses the threat of COVID-19 provided great support to the States' strategy and greatly reduced the public health risk. Summing up experiences in time and learning from the U.S.'s experiences will help CAAC to improve the system of administration and advance the modernization of civil aviation authority system and capacity for governance.
The corona virus disease (COVID-19) has brought serious impacts to the world. Civil aviation transportation has also suffered tremendous impacts and heavy losses. The International Civil Aviation Organization (ICAO) has made epidemic prevention as a priority task, cooperated with the World Health Organization (WHO), and issued a series of measures and suggestions to assist member states in controlling COVID-19 rationally. China's existing national emergency legislation and civil aviation related emergency plans provide strong support for COVID-19 epidemic prevention. Considering the frequent outbreak of the current epidemic situation, it is suggested to formulate special regulations to consolidate the experience of civil aviation epidemic prevention, clarify the division of responsibilities, and provide legislative support for information communication, new technologies application, emergency transportation support and other important work. Those suggestions should also be based on the spirit of the CPC Central Committee meeting to strengthen emergency legislation. Meanwhile, we should improve the construction of relevant emergency plans to ensure the enforceability of legislation.
The premise of big data application is the opening and sharing of information resources. By analyzing the root causes of the problems affecting the co-construction and sharing of information resources, a crowdfunding model was put forward for the construction of postgraduate education big data information resources guided by the concept of "data utilization oriented data production side reform". According to the data sharing type, different crowdfunding modes were designed for different scenarios, such as cross domain, same field, inter universities, and different departments within the university. Finally, a series of policy suggestions were advanced for the implementation of crowdfunding mode from the aspects of solving data interface, power and security problems of data circulation and improving big data industry chain.
Analyzing the learning and behavioral data of college students using data mining technology is an important initiative for the integration of traditional college student affairs management with information technology. The data mining of concerning student affairs management must be conducted based on profoundly grasping the precise ideological-political problems and attaching great importance to the quality of smart campus construction. Data mining on college student affairs management should be integrated in an intelligent platform which can fully sense the comprehensive state of students after comprehensive and systematic collection of data, scientific data preprocessing, mining analysis and display applications. The platform should also promptly control the situation of students, and effectively guide students' all-round development.
The development of artificial intelligence has brought challenges to the field of law. Higher education of law in China should cultivate students' legal practice ability, big data thinking ability and computational thinking ability to cope with the new requirements for legal talents brought by artificial intelligence. However, from the current practice, the legal education in China is difficult to meet the training needs of legal talents in the era of artificial intelligence in terms of training objectives, curriculum system and practical conditions. So it is suggested that, firstly, we should promote the cultivation of students' ability to apply law from the aspects of teachers and courses; secondly, the course system of artificial intelligence law should be create from both theoretical and practical aspects; finally, the traditional teaching method should be reformed with the aid of artificial intelligence legal system.
In the Internet era, the expression and dissemination of language is deeply influenced by the Internet. Internet catchphrases are dramatically becoming popular online, which represents the sympathy of common values, the resonance of interlinked emotion, the share of similar views, and the enjoyment of congenial tastes. This phenomenon shows the value tendencies of Internet users, and has an impact on cultivating the values of young people, in particular, college students. Scholars have different ideas on this issue, and hold both positive and negative viewpoints. What is more, most of the studies are qualitative analysis, which lacks the quantitative analysis such as empirical studies. This study explores the impact of Internet catchphrases on cultivating the college students' socialist core value. The results showed that Internet catchphrases have direct and positive impacts on cultivating the college students' socialist core value. Besides, Internet catchphrases strongly mediate the relationship between online degree and the socialist core value. This study contributes to previous studies, and can be used as a reference for further research on the socialist core value and its education.