Jun 2007, Volume 2 Issue 2

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  • JIANG Bixin
    Emergent administrative power is a necessary power for dealing with emergent situation. Although different emergent administrative powers under different constitutional systems are different in content, they share the same logic structure. The establishment and the execution of the emergent administrative power shall be subject to the regulation of law. The regulation of emergent administrative power requires for the adoption of various measures with attention to the balance of values.
  • LIANG Huixing
    It is suggested in the article that exclusivity should be added to the definition of the real property right; the following clauses should be revised: the definition of the real property right, the competency of evidence of the register of immovables, the effectiveness of the bona fide protection of real property registration, the tort liabilities of the registration authority, possession reformulation, state ownership of water resources and wildlife resources and public utilities, bona fide acquisition, transfer of contracting and operational rights, and mortgage. The following provisions should be added: the ownership of religious property, the acquisitive prescription, and the pledge on business. It is also suggested that the provisions on claims in rem prescribed in Article 39 and Article 42 be deleted, and the provision on dwelling rights, that is, Chapter XV, also be deleted.
  • SHI Jichun
    China has thoroughly amended its corporate law and hastens to formulate an anti-monopoly law. To rebound then deny the planned economy once adopted, China firmly practices marketization reform. However, common-recognized rules haven t taken shape without sufficient gaming and, lots of quick introduced legislations are only superficial provisions. As the trend of corporate legal system in developed countries, freedom and responsibility are the two contraries but not contradictory directions during the recent reform of China s corporate law. One is deregulation, e.g., introducing one-person company and the transition from approval system to registration system for the establishment of a company; while the other is adding various provisions of responsibility and liability to the Company Law for controlling shareholders, actual controllers, directors, supervisors and top managers. The Anti-Unfair Competition Law of China not only prescribes unfair competition but also counters monopoly. In general, it mainly focuses on anti-monopoly provisions, to popularize the concept and value of free market, making systematic regulations on any kinds of monopoly. This article reviews its background, process, meaning as well as the problems encountered. As there remains somewhat a mystery that China rapidly develops, it may also reflect a fringe of the reason.
  • CHEN Guangzhong, ZHENG Weimei
    The amendment of China s Criminal Procedure Law has attracted the eyes of both the academic and judicial practice circles. In this research, the authors focus on a particular aspect of the criminal procedure law called the criminal procedure for trial supervision (also called as criminal retrial procedure) to conduct a comprehensive and systematic discussion from three aspects the necessity of its existence and reform, the concept of its reconstruction and the detailed concepts of reform. The authors consider that the existence of the criminal retrial procedure is in line with the law of litigation, and necessary for the realization of judicial justice; there are obvious defects in China s criminal retrial procedure in view of the realization of judicial justice and the improvement of efficiency, which calls for reform based on updated concepts. This article points out that the modern criminal retrial procedure must combine the concepts of the pursuit of justice, correction of erroneous judgments and res judicata and the rule of prohibition against double jeopardy. The authors also give several suggestions on the reform of China s criminal retrial procedure.
  • LIU Guangsan
    Such ideas as upholding the advantages and merits of ex officio doctrine, gradually borrowing the fair factors of the adversary system, embodying a new-style concept of crime control and establishing the safeguarding rules and principles of the basic procedure for minimum justice criteria are macroscopical themes to which we must stick in the course of criminal trial. The effectiveness of a particular function in criminal trial in faith results from the choice of degree  in the respect of crime control. The attitude of a criminal judge directly or otherwise exercises an influence on the trial of a case, and may even be decisive on some occasions. The concept of crime control is a barometer of the judge s attitude in criminal trial, and an indispensable component of the judge s rational attitude as well.
  • PI Yijun
    In China, the protection of juvenile rights has historically been a secondary consideration, which is often relegated to the status of goal for the future . However, the value of juvenile rights and their protection lie not only in the morality of child protection, but also in the role that juvenile rights can play in the development of human rights as a whole. Publicity given to juvenile rights reminds us of the adult society  standing in complementary opposition to the juvenile society  that juvenile rights refer to. It is adult society to deal with juvenile rights, so any errors of understanding or failures of equality can lead to children being deprived of the rights. The rational underpinnings of juvenile rights are the weapons with which we can counter the influence of traditional, conservative thinking. These arguments will allow children to assume their rightful role as an independent group whose rights are academically and practically accepted and protected.
  • WANG Jian
    Driven by the importation of western learning to China by Protestant missionaries in the nineteenth century and compilation and publication of legal and political serial books and magazines by students studying in Japan in the late Tsing Dynasty, modern Chinese legal periodicals appeared officially and developed vigorously. These legal periodicals facilitated the modern transformation of traditional Chinese ideology and academy in terms of the purposes, editing mode, academic specifications, writing techniques and language styles of some typical periodicals. As the periodicals were widely spread and demonstrated throughout universities, legal communities and judicial and legislative authorities, more people acquired common background in such aspects as thoughts and writing techniques. As the adhesive of professional community of media and an important means of maintaining knowledge production, periodicals created some new authority of saying, based on which the tradition of modern Chinese legal system has been established.