Petroleum is of strategic significance to China’s economic growth. Opening up oil import right will promote the restructuring of China’s oil industry,improve oil refining efficiency and lower refining costs. The feasibility to open up oil import right is based on the following factors: mature global oil trade system,international oil pricing mechanism,and adequate technological competence of private oil refineries. Opening up crude oil import also contributes to the reform of administration system of China’s oil industry,and to getting private oil refineries out of the trouble of material shortage. In this paper,we suggest that the following should be ensured when open up oil import right: raise the standard for enterprise qualification for refining import oil,set limits for the range of import oil used by private enterprises,and strengthen supervision of oil market competition in China. In this way,enterprises of larger size and with higher level technology and better management will have better chance in obtaining crude oil resources.
Legal philosophy research about energy law is not done adequately in China at present,which has become the bottleneck of energy law researches. The material properties of energy,people’s philosophical cognition of energy,people’s ethical attitude to energy,and natural law of energy constitute the legal philosophy basis of energy law. Energy properties like limited and uneven distribution and pollution are the factors determining whether the energy is safe or clean and whether it should be restrained. A philosophical understanding of the nature,the significance and the value of energy help to improve people’s attitude to energy law. Studies around energy and people,and around energy law and people are the law philosophy foundation relating to human nature and ethics;energy itself,energy ecology,energy economy form the scientific basis of legal philosophy researches. To sum up,legal philosophy research should be given priority in researches on energy law in China as it contributes to a solid theoretical foundation in this field.
Criminals’“true repentance performance”means that the criminal has penitent intention and makes real efforts to reform himself. It is the unity of subjective and objective concept.“True repentance performance”,a necessary condition for commutation and parole,is mainly based on the criminal subjective viciousness and personal hazard reduction. But problems exist in practice when determining“true repentance performance”in method of determination,procedure insurance measures, and supervision mechanism. To maintain the solemnity of judicial judgment and to accurately determine“true repentance performance”,it is necessary to establish a comprehensive appraisal system which includes both psychological assessment and questionnaire survey,and an effective supervision mechanism.
Continuation of fulfillment is one of the punishments for failure in contract fulfillment and is of prior applicability. However,problems often occur in practice which makes it difficult to implement such court judgment. This challenges the legal foundation of“continuation of contract fulfillment”,and also requires classification of the difficulties in implementing such court judgment. Besides,these obstacles to the implementation generate further controversy or law suits between relevant parties,which challenges the principle of“No Repeated Hearing”. Although the Supreme Court encourages accepting those further controversies or law suits,this attitude does not make a universal guidance in practice as such cases are too involved and varied. Therefore,it is of urgent need to add new criteria for dealing with such consequent controversies and law suits.
With the rapid development of new energy and Internet science and technology,energy Internet is becoming a new trend of the energy industry under the mode of“Internet Plus”. Seen from the trend of Internet development,the energy Internet will be renewable energy oriented. It will realize the connection and sharing of energy utilization,the transformation of energy type,and the combination of information and energy technology. Energy Internet is of strategic significance in ensuring energy security,in improving the quality of environment and people’s well-being,and in affecting the international political setup. However,the development of energy Internet is now confronted with many challenges: lack of social participation,inadequate renewable energy consumption,insufficient policy support and technical barriers. In order to impel the development of energy Internet,it is necessary to change the traditional ideas on energy and popularize the renewable energy,to improve the market mechanism and overcome the technological difficulties. A medium-and-long term plan for energy Internet development is also necessary
In recent years,there is vast market for elderly health industry in China. National government gives beneficial policy for the elderly health industry. The introduction of“supply side reform”gives an opportunity to the development of elderly health industry. However,elderly health industry in China is immature and the main problems include short industry chain without cluster effect,lack of standards and criterions in operation,and inadequate capital and professionals. To actively address the aging problem,measures should be taken: strengthening the legislation can help the standardized operation of elderly health industry;the support from government and social awareness require to be improved and the cultivation of professionals should be strengthened;elderly health industry parks are suggested to be established;supporting measures related to elderly health industry are suggested to be perfected. By implementing these measures,the aging issue can developed into an important opportunity for economy,with the elderly health industry as a new growth point. Therefore,the development of elderly health industry can alleviate government pressure arising from tackling the aging problem and improve national economy.
City fringe communities are a new type of community emerging in the process of urbanization,which are activated by urban dynamics but remain rural to a certain extent. In the conjunction of urban and rural areas,such communities are characteristic of residents with different backgrounds among whom there are often conflicts. Better governance of these communities is now faced with difficulties as follows: imperfect governance mechanism,residents’inactivity to participate in autonomy,community governance personnel’s inability,and inadequate participation of social groups in community governance. Therefore,studies must be done to find out solutions to those problems and to explore effective measures in city fringe community governance.
China-Indian border issue has been the major problem that influences the relation between China and India. With the reopening of border negotiations,the two countries have set up a joint working group on the border issues,confirmed a special representative meeting mechanism and the consultation and coordination mechanism for border affairs,formulated the principles and framework of solving boundary issues and gradually reached an agreement that border issue won’t block the relation between China and India. At present,there are still some major factors that make it hard to achieve breakthrough improvements in border issues between China and India: the disagreement on the partition of the line of actual control,the infrastructure construction in areas adjacent to China and India borders,and competition between China and India. The current situation of China-India border issue makes India maintain a prudent attitude towards China’s“One Belt and One Road” initiative,which influences regional stability to some extent and dynamic balance of major powers’ relations.
The two images of mothers in One Hundred Years of Solitude and Big Breast and Wide Hips showed the shared characteristics of motherhood at different times,and in different territories and cultural backgrounds. This common aesthetic paradigm offered an approach to the study of the writers’psychology. In both novels,the mothers who swallow humiliation and bear heavy loads of life in raising children are a reflection of the archetype of the Great Mother in the collective unconsciousness of human being. Their virtuous characters but harsh destinies in the patriarchal society embody shared motherhood characteristics. However,despite the leading role they play in family,mothers live a life of no hope,which originates from the male writers’sub-consciousness of patriarchal culture. The values of women are limited to families where they play positive role in family affairs,but cannot go beyond families. In a word,they are the ideal presentation of the traditional mothers who are defined,accepted and praised by male writers.
A Corpus-based contrastive study was conducted on the features of frequency,language structure and stance of reporting evidential in 90 MA theses by Chinese graduates and American graduates. The results show that 1) Chinese and American graduates all master the function of reporting evidential in the academic discourse but the Chinese underuse it;2) the Chinese MA graduates tend to express their stance implicitly with neutral and positive expressions,while the Americans tend to express their stance explicitly with positive,negative and neutral expressions,showing their critical attitude;3) language structures of reporting evidential in American MA theses show more variety than those in Chinese ones. The findings may have some pedagogical implications for MA education and academic English writing as well as its teaching in China.
Shale gas development is a significant matter in the energy revolution. Due to comprehensive effect of technology, business model,policy,law and other factors,the shale gas development in America has made revolutionary progress. As there exist risks in shale gas development,the U.S. has carried out a series of measures in regulation. From the perspective of the regulatory principles,it emphasizes risk prevention,comprehensive regulation,public participation and focus block. The regulatory supervision is carried out by federal,state and local governments respectively,with state government playing a dominant role. The emphasis of regulation work is on public safety,environmental protection,resource development efficiency, and local community interest protection,etc. Based on this,a complicated system was designed. To enhance supervision over shale gas development in China,we need not only learn from the American experiences,but also make clear our supervision objective,lay down basic principles,and improve the top-level design to develop an institutionalized model.
The US“Shale Gas Revolution”has not only changed the structure of energy demand in America,but also had a profound effect on the international energy order. After the shale gas revolution,the US developed into the first natural gas producer and became less dependent on import,which in turn has produced both positive and negative effects on the global energy system. In such context,China must take corresponding measures to ensure national energy security: establishing and improving the coordination mechanisms to support the development and optimization of the shale gas industry development policy,setting up diversified oil pricing system,improving technical support to shale gas development,and perfecting shale gas market mechanism .
With the employment market situation becoming increasingly severe,employment promotion has become widely concerned social issue,and vocational guidance is getting increasingly important and urgent. This paper,based on 837 articles about career guidance from core journals,tries to probe into the potential hot spots for future vocational guidance studies by means of high frequency key words analysis,cluster analysis,factor analysis and social network analysis. And the study finds that the current vocational guidance researches focus on studies on vocational guidance theories at home and abroad,on vocational guidance practice,multidisciplinary theory about vocational guidance,and on entrepreneurship education and guidance. The future trend of vocational guidance researches may include career education in primary and middle schools,revolution and innovation of vocational guidance patterns,the emphasis of employee-ability and employment-quality,vocational guidance in secondary vocational schools,and specialization of vocational guidance.
As a product of the advancement of modern medical science and technology,in vitro embryo has changed human’s reproduction system but also caused a series of legal problems that need to be solved. Through critical reflections about the theories of subject,object and intermediary,this thesis reveals the personality interests of in vitro embryos from the perspective of ethics,jurisprudence and comparative law. Then,this thesis defines the in vitro embryo as the object of genetic inheritance rights. On such basis,the author concludes that it is necessary to inspect the adjudication of frozen embryo case in Wuxi, Jiangsu. Moreover,we must establish a legal system to protect the inheritance rights of in vitro embryos and improve the remedy measures for the infringement upon the inheritance rights.
In China’s criminal law,continual offence is defined as the offence committed by the perpetrator in a certain period of time after he has been meted out twice or more administrative penalties by administrative authorities for committing the offence several times. At present,continual crime is applied to more than a dozen of crimes in China’s criminal law. However,criminal law scholars have yet reached consensus about this phenomenon,and there is few studies on continual crimes. The concept of continual crime is the result of social and economic development and criminal justice practice. There was no clear definition about continual crimes in the first Criminal Code of new China Criminal Law of the People’s Republic of China enacted in 1979. But after that,regulations about this type of crime were seen in a number of specific criminal laws and judicial interpretations;the 1997 version of criminal law absorbed related content of the above mentioned specific criminal laws and judicial interpretations,and the later criminal law amendments and judicial interpretations finally led to a more mature definition about continual crimes. Continual crime constitute a new type of crime mode which differs from consequential crime and potential damage offense due to its social harmfulness of serious violation of law interests and the need for crime prevention in the period of national transformation and due to the greater difficulty in fighting against such kind of crimes.
The relationship between language and Metaphysics is an important philosophical topic in Vimalakirti Nirdesa Sutra. Vimalakirti Nirdesa thinks that the way to express the unspeakable such as the dharma character is to use special methods (including“saying according to the thing itself”,“saying with specious or figurative language”,“saying with body language”,and“saying with silence”). The first method isn’t speaking ordinary language but explaining by dharma itself. The second can not only break the boundary of phenomenon and ontology to combine each other,but also make full use of analytical thinking and imagination to help you out of a bind. The third is different from indirect statement,in which listeners needn’t introspect and imagine and can directly face the thing itself. Silence is not equal to not speaking since there are two types of silence: not being able to speak and being able to speak but keeping silence instead. Vimalakirti Nirdesa’s silence is the second type: understanding the unspeakable and expressing his thought in silence.
“Point-line-Plane”is a model of theme-centered educational practice in ideological and political course,in which “point”is the core,“line”extends in length and breadth,and“plane”is expansion. When an educational activity progresses from“point”to“plane”,problem oriented micro-module is formed and integrated according to system theory,and the educational activity gradually develops into an integration of“point,line,and plane”,which advances on the whole with overall participation. This mode unifies theory teaching and practice teaching and integrates process evaluation and result evaluation and thus transform from single advancement to overall involvement of students,teachers and instructional assistants through the interaction and transformation of teaching objective,theoretical system,teaching materials,teaching system and value system. This mode conforms to the teaching reform of systematic design and overall promotion,and can further deepen the reform of teaching methods of ideological and political course.
The study on corporate social responsibility is originated from foreign countries,but it corresponds with China’s traditional ideology,and sense of righteousness. The content of social responsibility of agricultural enterprises in China was formerly analyzed from the perspective of enterprise operation and management. However,the particularity of“agriculture related issues”determines that agricultural enterprise plays a pivotal role in mobilizing rural development and leading farmers to get rich. This research on social responsibility of China’s agricultural enterprises from the perspective of improving rural development concludes the following social responsibilities of agricultural enterprises: improving agricultural production (besides meeting enterprises’ demand for profit,emphases should be laid on natural environment protection and ensuring safety of production),protecting farmers’ interests (giving priority to ensure farmers’ interests and development when involved in transaction,competition,agreement with farmers,and in employment of farmers),and guaranteeing food security and taking consumers’ health and safety as the criterion to producing and processing agricultural produce,making sure that production is carried out according to regulations and is under supervision.
Perfect expression mechanism of demand preference for public goods lays a foundation for effectively formulating and carrying out public decisions. For a long time,most China’s rural public goods have been supplied by government in a top-down pattern,and there lacks an mechanism for farmers to express their demand preference,which leads to the result that the government’s supply of public goods cannot meet farmers’ demands. Lindahl equilibrium and Tiebout model provide theoretical foundation for the optimum provision of public goods by way of“exercising legal vote rights”and“abstaining from voting”,but there exist certain limitations when they were applied to China’s politics and economic system. China may,based on its realistic conditions,make modifications to Lindahl equilibrium and Tiebout model and establish expression mechanism of demand preference by way of promoting democracy construction at the grass-roots level,improving all-round qualities of farmers and setting up farmer’s cooperative organizations.
There are two typical regulation patterns of trustee’s liability in comparative law. The America’s duty of prudent administration entrusts broad discretionary powers to trustee to decide whether or not to delegate an agent to deal with trust affairs,and regulates that the trustee is applied to fault liability if he or she breaches personal duty of administration,and encourages an agent to deal with trust affairs. In contrast,the regulation pattern of power of delegation in Japan entrusts limited discretionary powers to the trustee for delegating an agent to deal with trust affairs,and regulates that the trustee is liable for strict liability if he or she breaches personal duty of administration,which shows that Japan restricts the powers of trustee to delegate an agent to deal with trust affairs. The America’s duty of prudent administration is in the maximum interests of the beneficiaries and in compliance with the essence of personal administration of the trustee. However,China’s trust law strictly restricts the agent in deal with trust affairs,which is inappropriate. It is advisable for China to improve the principle of personal administration of the trustee by learning from America’s duty of prudent administration.
Impact factor is a major indicator in quality and social influence evaluation of academic journals at home and abroad. Upgrading of the impact indicator involves many factors,of which the most important are the download and citation frequency of published theses. By studying the evaluation mechanism of academic journal articles and analyzing the download and citation frequency of kinds of published theses over the years,we found that download and citation frequency of academic theses are positively correlated,and is closely related to whether thesis topics are closely related with widely concerned social issues. Paper download and citation frequency are also influenced by the titles and abstracts of theses and is related to the ideas of thesis and whether they are well proved with supporting materials,and whether the theses are well written. To upgrade download and citation frequency,efforts need to be made in the following three aspects: selecting contributions of theses about key and hot issues,strengthening editor’s role in guiding the authors to increase quality of their theses,improving the journal editing,focusing on searching and promotion of thesis in order to efficiently lay the foundation for upgrading impact factors of academic journals and to stimulate the internal administration of periodical press.
Zhu Wenzao is a scholar and author who loved using the textual criticism in the periods of Qianlong and Jiaqing reign(1736–1820). The compilation of Chin-Ku Dong Zhi embodies his preference. The book investigates the development of Helin Taoist Temple based Chin-Ku Dong branch of the Longmen denomination of Quanzhen Taoism in Qing dynasty;it also describes the surrounding area in the north of Qixia mountain. Compared with ordinary Taoist temple records,this book has a broader vision and is of very outstanding historical value.Chin-Ku Dong Zhi integrates the history and literature researches, and not only keeps records of literature materials about history,religion,literature,etc,but distinguishes the truth from false based on historical researches,showing its rigorousness in textual criticism and thus is of clear academic characteristics. Zhu Wenzao’s previous experiences in compiling Taoist Temple records such as Annals of Chongfu Monastery,A Sequel toAnnal of Dongxiao and local annals such as West Lake History,Annals of Wulin Community have profound influences on the arrangement of system and the choice of content for compiling Chin-Ku Dong Zhi
During three major stages of the Xi’an Incident: mutiny in Lintong,dealing with military punitive expedition by Nanjing and escorting Chiang Kai-shek back to Nangjing,Zhang Xueliang were confronted with major decision making choices: detaining Chiang,releasing Chiang and escorting Chiang. The evolution of Zhang Xueliang’s mentality obviously was related with the inspiration of the strategy of CPC’s anti-Japanese national united front and its very effective mediation. But the complicated social environment then cannot be ignored either. Specifically,after the Xi’an Incident,the almost one-sided public pressure,the military punitive expedition by Nanjing and the possible serious civil war,and internal disagreements on whether to release Chiang were all important factors that drove Zhang Xueliang to finally release Chiang. Zhang’s decisions at each of the three stages were an embodiment of his patriotism.
The thoughts of“being strict in cultivating one’s moral character,preventing abuse of power and disciplining oneself,being steady in planning matters,starting undertakings and conducting oneself”,serves as the newest theoretical advancement of CPC in state governance and in its own improvement. It is the basic requirement and observance of how to go about work,business start-up and life. By digging into the background,connotation and logic of the“three stricts and three steadies”initiative,this thesis defines its relationship with the work of counselors in universities with the purpose of finding out the practical value and ways to apply the“three stricts and three steadies”initiative into the work of college counselors so as to provide theoretical and practical guide for the innovation and improvement of counselors’work.
Legal thinking is an important precondition for college students to participate in modern society governance. With talent development as their major task,colleges and universities should take the cultivation of students’legal thinking as a part of law-related education. College students’legal thinking involves many factors,such as their knowledge,feeling and belief about law etc. Students should obtain the cognitive basis of legal thinking by knowing laws,comprehend the sacred sense of rule of law by abiding by laws,and enhance their identification with law by using laws. Currently,developing students’legal thinking in colleges and universities failed to yield satisfactory fruits. The main problems are as follows: lack of systematicness and chronicity,lack of diversity and pertinence,and lack of democracy and permeability. So,colleges and universities should actively explore the methods of legal thinking cultivation,and guided by the“student-oriented”and“law-oriented”concept, emphasize both classroom teaching and social practice. They should also improve top design in cultivating system in order to lay a solid foundation for developing students’legal thinking.