基本信息

The Wells-China Law & Society Library is aimed at building a collection of books, periodicals, papers, special reports, and any other valuable material on Chinese legal and social development. “法治中国”主题文献库系由Wells首创的中国法律文化和中国法学学术“走出去”重大项目,重点收录有关中国的法律、政治、经济、社会发展、国际关系、外交、贸易等学术专著、期刊、论文、专题报告、法律法规、案例等相关文献,并以英语为主在海外出版、发行、通过HeinOnline, vlex等数据库传播,以期提升中国法学学术影响力,让世界更好了解法治中国和社会的发展及成就。

全部文献(31)

  • 期刊 PeriodicalsJournal of Boundary and Ocean Studies-Selected Papers, Volume 1, 2019

    Journal of Boundary and Ocean Studies (JBOS) is the first multidisciplinary peer-viewed academic journal that specializes in national boundary and ocean studies. Under the sponsorship of Wuhan University China Institute of Boundary and Ocean Studies and the Collaborative Innovation Center for Territorial Sovereignty and Maritime Rights, JBOS Chinese version is published bimonthy. This is the journal's first collectiion of selected papers published in English

    作者/编者:Hu Dekun-Chief Editor (主编:胡德坤) 机构:武汉大学 日期:2020-01-20 09:58:55 浏览:1261次 
  • 专著BooksContract Law of China

    Chinese Features of the Contract Law On March 15, 1999, the 2nd Session of the 9th National People’s Congress enacted the Contract Law of the People’s Republic of China, manifesting thereby not only the gradual consummation of the Contract Law, but also signifying that China’s civil legislation had entered a phase of systemic maturity. The formulation and gazetting of the Contract Law have served an instrumental function in preserving the legal market order and safeguarding the legitimate rights and interests of parties to transactions, while providing an important guarantee for trade development and market prosperity. The official gazetting of this law ended the former regime wherein the Contract Law was divided into a tripartite division of forms, to wit the Economic Contract Law, the Foreign Economic Law, and the Technology Contract Law. By prescribing a more complete set of contract law provisions of it significantly filled the gaps in contract law legislation that had for so long persisted, and eradicated the phenomena of repetition, lack of coordination, and even contradictions arising from and between multiple contract law enactments, while ameliorating their dispersed and disorderly condition by consummating the Contract Law and its unity and systematization, in particular. In general, the Contract Law functions in the following important ways.

    作者/编者:Wang Liming(王利明) 机构:中国人民大学 日期:2020-01-20 03:59:35 浏览:1378次 
  • 专著BooksLaw and Economics: Application and Solution in China

    Aiming for application and solution of the Law and Economics in China, this book throws light upon theoretical paradigm and analytical framework of the Law and Economics; applies the Law and Economics to all department laws and the rule of law such as legislations, justice, law enforcement and legalization; and finally proposes valuable and constructive policy suggestion. Integrating traditional normative jurisprudence and economics with a focus on empirical analysis, this book pictures a panorama of China-based Law and Economics research and lays a solid foundation for the futher development of Chinese Law and Economics.

    作者/编者:Feng Yujun (冯玉军) 机构:中国人民大学 日期:2020-01-19 04:51:37 浏览:1269次 
  • 专著BooksCHINA’S RULE OF LAW INDEX: REPORT ON CHINESE LEGAL DEVELOPMENT

    PREFACE China’s Rule of Law Index is a result of the co-researches of the “Innovation of Evaluation of the Rule of Law in China and its Generalization and Implementation” supported by the Major Issues of the National Social Science Foundation and the “Fundamental Theories of the Evaluation of the Rule of Law” supported by the Major Issues of Beijing Federation of Social Science Circles and Major Issues of Renmin University of China Development Report. The National Academy of Development and Strategy of Renmin University also contributed to this research. The Evaluation Center of the Rule of Law of Renmin University of China was approved by the China Law Society as the latter’s research base in early 2016. The Politics and Law Committee of the CCP Central Committee decided to appoint the center to execute its 2016 Project Research concerning “The Evaluation System and Mechanism of the Situation of the Rule of Law of Socialism with Chinese Characteristics.” All the parties mentioned above have supported, encouraged, and confirmed this research. This index is derived from the series of Report on China Law Development. This report is annually compiled and includes 2007 Report on China Law Development: Database and Index,1 2010 Report on China Law Development: 60 Years of China Legislation,2 2011 Report on China Law Development: Towards a Pluralistic Implementation of Law,3 2012 Report on China Law Development: Professionalization of China Law Practitioners,4 2013 Report on China Law Development: Legal Education and Research,5 and 2014 Report on China Law Development: Construct Government of the Rule of Law.6 All these reports were based on objective statistics concerning specific areas. These reports aim to arrange the statistics according to a certain system of indicators. China’s Rule of Law Index is also a 2015 Report.7 This index is unique as it is based on a subjective evaluation where all the statistics are derived from a first-hand questionnaire survey conducted in late 2015. This index is the first subjective evaluation of the rule of law in China, reflecting various strands of the development of the rule of law. 1 (Report on China Law Development: Database and Indicators), Renmin University of China Press, 2007. 2 (Renmin University of China Report on China Law Development 2010: China Lawmaking 60 Years), Renmin University of China Press, 2011. 3 (Renmin University of China Report on China Law Development 2011:Law-Enforcing Towards Pluralism), Renmin University of China Press, 2012 4 (Renmin University of China Report on China Law Development 2012: Professionalization of China’s Legal Workers), Renmin University of China Press, 2013 5 (Renmin University of China Report on China Law Development 2013: Legal Education and Research), Renmin University of China Press, 2014. 6 (Renmin University of China Report on China Law Development 2014: Construction of Legal Government), Renmin University of China Press, 2015. 7 (Renmin University of China Report on China Law Development 2015: China Indicators of the Rule of Law), Report on China Law Development: China Indicators of the Rule of Law, (zhongguo falvfazhan baogao 2015: zhongguo fazhi pinggu zhibiao) Renmin University of China Press, 2016. x CHINA’S RULE OF LAW INDEX The Evaluation Center for the Rule of Law of Renmin University of China is responsible for drafting this report. The division of labor is as follows: 1. General Framework Designers Indicator design: ZHU Jingwen (professor at Renmin University of China Law School and director at the Evaluation Center for the Rule of Law); Questionnaire design and statistic counting: RAN Jingfu (associate researcher at the Institute of Law of Chinese Academy of Social Sciences); Questionnaire survey: WANG Weidong (deputy director at National Survey Research Center of Renmin University of China and associate professor at Renmin University of China, Ph.D. in sociology) 2. Drafting Team Members Introduction: ZHU Jingwen Chapter 1 Legal Norm System by FENG Yujun (professor at Renmin University of China Law School, Ph.D. in law); Chapter 2 Enforcement System of the Rule of Law by RAN Jingfu (project leader, 2.2 Indicators of Judicial Enforcement); MENG Tao (associate professor at Renmin University of China Law School, Ph.D. in law, 2.1 Indicators of Executive Enforcement); PENG Xiaolong (associate professor at Renmin University of China Law School, Ph.D. in law, executive director at Multiform Dispute Resolution Center of Renmin University of China, 2.3 Indicators of Social Governance); Chapter 3 Supervision System of the Rule of Law by MENG Tao (project leader, 3.2 Indicators of Executive Supervision); FENG Yujun (3.1 Indicators of Document Supervision); RAN Jingfu (3.3 Indicators of Judicial Supervision); Chapter 4 Safeguard System of the Rule of Law by PENG Xiaolong (project leader, 4.2 Indicators of Financial Safeguard); RAN Jingfu (4.1 Indicators of the Personnel Safeguard); LIU Kunlun (associate professor at China University of Political Science and Law, Ph.D. in law, executive director at Research Center of Legal Education, 4.3 Legal Education and the Popularization of Law); Chapter 5 CCP’s Rules and Regulations by WANG Lifeng (professor at the Department of Politics and Law of Party School of the Central Committee of CCP, Ph.D. in law); Chapter 6 Effectiveness System of the Rule of Law by ZHU Jingwen (project leader); WANG Lifeng (6.1 Indicators of Power Control); YE Chuanxing (associate professor at Renmin University of China Law School, Ph.D. in law, deputy director at the Human Rights Center of Renmin University of China, 6.2 Indicators of Human Rights); SHI Yan’an (professor at Renmin University of China, Ph.D. in law, executive director at Research Center for Criminal Justice of Renmin University of China, 6.3.1 Community Security, 6.3.2 Social Order); PENG Xiaolong (6.3.3 Dispute Resolution Mechanism); LIU Kunlun (6.4 Notions of the Rule of Law) Conclusion: ZHU Jingwen Editor-in-Chief: ZHU Jingwen ZHU Jingwen March 2016 at Shi Ji Cheng, Beijing

    作者/编者:Zhu Jingwen (Chief Editor) 主编:朱景文 机构:中国人民大学 日期:2019-12-05 02:29:39 浏览:2072次 
  • 论文 PapersSilent Changes: Transsexuals' Right to Marry in China's Mainland and Hong Kong

    In comparison to the arduous process of rights advocacy in Hong Kong, transsexuals in China’s mainland achieved their right to marry via some “silent changes”: there was no legal activism from transsexual communities, no debates or hearings in the legislature, and no landmark judgments made by the judiciary. From a perspective of comparative law, this article attempts to analyze the legal changes regarding transsexuals’ right to marry in China’s mainland in light of the struggles in Hong Kong. It endeavors to discuss to what extent the seemingly “smooth” and “unintended” way of opening up marriage to transsexuals in China’s mainland could be beneficial to trans rights and equality in general.

    作者/编者:郭晓飞、朱静姝 机构:中国政法大学 日期:2017-03-01 11:08:04 浏览:2302次 
  • 论文 PapersThe Realities of Law Are the Winning Narratives

    This article begins explaining the Aristotelian reduction of rhetoric to persuasion, which came to determine Western tradition until modern times. To understand Aristotle’s methodology the author then wants to discuss the concept of enthymeme, the “rhetorical syllogism,” in Aristotle’s own words. In order to try a realistic critique on the Aristotelian rhetoric, more adequate to a rhetoric of modern law, the author will suggest three epistemological points of departure, three theses, and the three levels of rhetoric that support them.

    作者/编者:João Maurício Adeodato 机构:Federal University of Pernambuco 日期:2017-02-08 16:12:43 浏览:1721次 
  • 论文 PapersRethinking Inclusion: Is There a Right to Inclusive Education?

    By combining theories of education, human rights law, and political philosophy, the author provides lenses to understanding inclusive education, thereby establishing consensus on the new, cognitive grounds over the description of a better inclusive education system for all children. The investigation is guided by two research questions. The first question concerns what description we should hold for a better education system inclusive of disabled children. The second addresses how to arrive at a consensus over that better system among stakeholders and within the whole society. To answer these questions, the investigation is conducted through both transcendental and comparative routes. Firstly, to contextualize this research, a brief review of theoretical disagreements on inclusive education is provided, and a case study of China’s struggles towards inclusion is presented. The theoretical review and the case study provide concrete information for later assessment and comparison between reality and the ideal plan. Meanwhile, the author discusses ways to go beyond binary thoughts and disorganized practice. To achieve the goal, transcendental thought experiments are employed to generate new grounds for a more comprehensive, inclusive project; the idea of a right to inclusive education is elaborated.

    作者/编者:倪震 机构:不详 日期:2017-01-04 14:47:32 浏览:2163次 
  • 论文 PapersResearch on Theory, Legislations and Practices about Regulating Non-practicing Entities in China

    Non-Practicing Entities (NPE), as a subject, is a neutral concept, but the derogatory sense of translation and understanding on this concept and the chaos of understanding make the legal regulation of NPE encounter more difficulties and challenges. In fact, NPE issues are concerned, discussed and researched in China within quite a long period, however, it would not become an outstanding legal issue nowadays. NPE as a market entity, its existence is legitimate per se, and what the law should focus on is the unfair conduct that NPE might be engaged in rather than the subject of NPE itself. It is not necessary to make specific articles and provisions on the subject of NPE at present in the Patent Law of the People’s Republic of China (PRC) and the Anti-Unfair Competition Law of the PRC which are revised in China, and a serial of rules and guidelines for Anti-Monopoly Law of the PRC which are formulated in China. It proved that the unfair conducts of NPE should be regulated according to Patent law, Anti-Unfair Competition Law and Anti-Monopoly Law as well as, reconfirmed that the conclusion that the regulation of NPE in China laws focus on conducts rather than subject in a serial of cases such as the anti-monopoly investigation case against INTERDIGITAL Corporation initiated by the National Development and Reform Commission, the case that the Ministry of Commerce imposed restrictive conditions to approve that Microsoft acquired Nokia equipment and service business, and the commercial defamation case that Shenzhen Libang Precision Instrument Co., Ltd vs Shenzhen Mairui Biological Medical Electronic Co., Ltd which was reviewed by the Supreme People’s Court.

    作者/编者:孟雁北 机构:中国人民大学 日期:2017-01-04 11:20:29 浏览:2856次 
  • 论文 PapersRule for Preferred Stock in China: Overthrow of the Principle of "Equal Shares, Equal Rights"?

    The principle of “equal shares, equal rights” was established by the Company Law of 1993 of the People’s Republic of China. At the initial stage only issuance of common stocks was allowed and the issuance of preferred stocks was interpreted as prohibited. The Company Law of 2006 has changed the rigidity of provisions of the Company Law of 1993 and laid down the legal foundation for issuance of preferred stock. The Rule for Administration of the Pilot Project for Preferred Stocks released on March 21, 2014 by the China Securities Regulatory Commission started the issuance of the preferred stocks in the Chinese capital market. The establishment of the legal system for issuance of preferred stock in China is not the symbol of overthrowing the principle of “equal shares, equal rights,” but the expansion and development of the principle of “equal shares, equal rights” in a new era.

    作者/编者:徐冬根 机构:上海交通大学 日期:2017-01-04 11:14:00 浏览:2027次 
  • 论文 PapersConfidential Geodata Protection in China: Challenges, Liability Concerns and Possible Solutions

    In recent years, a growing number of foreign companies and individuals were involved in geodata violations in China. The Chinese government is facing greater pressure to protect confidential geodata within its territory. Geodata violations occurred in the course of illegal mapping and surveying, geographical and geological data collection and transactions. Although China has reformed laws and regulations to refine some aspects of confidential geodata management, existing rules remain ambiguous and controversial. This article aims to address the liability concerns raised among foreign companies from geodata violations. After defining the three most significant concepts, geological data, mapping and surveying, and state secrets, this article reviews the status quo, reasons for and impacts of geodata violations in China, to find out how big the problem is and why it matters. It then explores the legislative framework of state secrets protection in the context of geodata management; special focus is put on liability issues and problems of the current system. As a response to existing arguments, possible ways to improve confidential geodata protection and some practical tips for foreign businesses are offered.

    作者/编者:赵小波 机构:南昆士兰大学 日期:2017-01-03 16:39:11 浏览:1964次