Table of Content

01 January 2016, Volume 18 Issue 1

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Some Thoughts on Opening up Crude Oil Import Right to Private Enterprises in China

ZHANG Yiqing JIANG Xinmin

2016, 18(1):  8-13.  DOI: 10.11885/j.issn.1674 5094.2015.11.18.03

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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.

The Fundamental Elements of Legal Philosophy of the Energy Law

QU Zhenhui LI Qiuyan

2016, 18(1):  21-26.  DOI: 10.11885/j.issn.1674 5094.2015.10.29.01

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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.

A Study on the Legislative Regulation of China’s Energy Minerals

OU Jun

2016, 18(1):  27-33.  DOI: 10.11885/j.issn.1674 5094.2015.06.07.01

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Energy minerals is very important to the development of a country. Therefore，it is of vital importance to enhance its regulation and to increase its ability to serve a country’s development priorities. The exploration，development and utilization of energy minerals have had a certain scale in China，but there also exist conflicts between administrative interference and the liberty of market. Also，administrative system often fails to respond to market requirements. In order to strengthen the legislative regulation，it’s necessary to clarify the responsibilities of the government and those of the market with laws and regulations，to increase the costs of violating behaviors，to enhance the constraint forces and responsiveness of the system，and to properly answer the demand for diverse values of energy minerals.

Some Thoughts on the Development of Geological Tourism Resources and Tourism Industry in Southern Sichuan

LI Pengju CHEN Yijun LI Hongying

2016, 18(1):  52-56.  DOI: 10.11885/j.issn.1674 5094.2015.10.11.03

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Excellent location，solid economic foundation and unique geological tourism resources in southern Sichuan provide favorable conditions for developing regional tourism industry. Through researches on the development of tourist-geological resources at home and abroad，the paper put forward a number of principles for the development of geological tourism resources in southern Sichuan，the first of which is highlighting its unique local features so as to avoid being just a replica of other regions. Besides，tourism development must follow the resources protection guideline. And development of both new and existing scenic areas should be valued. When geological tourism resources in southern Sichuan are turned into diversified，intelligent and ecological tourism projects，the tourism industry in this region will get upgraded and generate promising social and economic effects.

Determination of Criminals’“True Repentance Performance”

GENG Liang ZHANG Yongqiang

2016, 18(1):  68-74.  DOI: 10.11885/j.issn.1674 5094.2015.10.21.03

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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.

Solutions to the Implementation of Court Judgment of Continuation of Contract Fulfillment ——Application of“No Repeated Hearing”in Interpretation of Civil Procedure Law（2015）

ZHU Qiqian WANG Heping

2016, 18(1):  75-82.  DOI: 10.11885/j.issn.1674 5094.2015.10.13.02

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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.

The Images of Ancestors of the Zhou People in the Book of Songs and Later Interpretations of it

ZHU Junyi

2016, 18(1):  91-95.  DOI: 10.11885/j.issn.1674 5094.2015.10.21.01

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In the Book of Songs，the poem Sheng Min and other poems sing psalms of Zhou people’s ancestors pioneering in the Bin area led by super talented bribe heroes of high moral character and unusual origins. Those poems are a literary retrospect，description and praise of Zhou people’s ancestors and their deeds. However，in the Han Dynasty，the Confucians introduced concepts like“beauty”，“warning”，“farming”，and“creation”etc when interpreting the poems. They described Hou Ji and Gong Liu as political leaders conforming to Confucian ideals by ignoring the historical nature of those poems. Those heroes were frequently praised by later poets in their poems about Zhou people’s homeland，Long (today’s Gansu province)，to express their thoughts and feelings about politics，history，nation，and people. In a word，the images of Zhou people’s ancestors were created again and again in history and literature and for political and religious purposes，thus generating a multi-aspected Zhou ancestor culture phenomenon

The Elegant Style in Zhu Xi’s Poetry

DU Shaojing LIU Fengtao

2016, 18(1):  112-120.  DOI: 10.11885/j.issn.1674 5094.2015.09.10.01

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Zhu Xi，a rationalist Confucian philosopher in the Song Dynasty，was also a versatile poet with one thousand and two hundred poems passed down till the present time. Although inferior to other more influential contemporary poets’ works， his poetry has been given positive reviews by generations of critics. Wang Yi defined Zhu Xi’s poetry as elegant. Elegance of poetry refers to the characteristics of being unworldly，peaceful，restrained and being graceful. Through an analysis of Zhu Xi’s currently available poetry，we find that the elegant style reflected in his poetry takes various artistic forms，which stems from several reasons. The artistic forms applied include the choice of plain images，the use of plain but fluent language，the fusion of feelings and reasons，the description of peaceful mind and the reserved expression of emotions. The subjective reasons that formed the style are the compromise of Confucianism，Buddhism and Taoism and Zhu’s personal pursuit of rationality；the literal reasons are Zhu’s pursuit of the aesthetic idea of“being natural”and the Confucian tradition of“being tender，honest and sincere”in his poetry composition.