Table of Content

01 January 2022, Volume 24 Issue 1

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ENERGY DEVELOPMENT

Legal Nature and Legislative Expression of the Underground Passage Right of the Oil and Gas Pipelines

YU Hong, LUO Weiyu

2022, 24(1):  1-8.  DOI: 10.11885/j.issn.1674-5094.2021.10.26.02

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At present, the legal nature of the right of underground passage of oil and gas pipelines in China is unclear, which leads to constant disputes between oil and gas enterprises and land owners in practice, and brings great obstacles to the construction and maintenance of oil and gas pipelines in China. It is necessary to recognize the legal nature of pipeline underground passage right in law in order to protect pipeline safety and the development of oil and gas industry, to ensure future land exploitation and pipelines construction and maintenance, and to clarify rights and obligations of the concerned parties. Easement is the best way to solve the disputes over the right of pipeline underground passage of oil and gas. We should think carefully about the easement system, give full play to the legal value of the easement system to make up for the deficiency of the current easement system, and promote better solution of the dispute of the oil and gas pipelines.

ECONOMICS AND MANAGEMENT

The Application of the Principle of Proportionality in the Isolation Rules of Close Contacts in COVID–19 Prevention and Control

LI Wei, LI Jingjing

2022, 24(1):  9-15.  DOI: 10.11885/j.issn.1674-5094.2021.10.17.05

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In COVID–19 epidemic prevention and control, isolation of close contacts in accordance with the law is an important measure to cut off the transmission of the virus and ensure the health and safety of the citizens. Balancing public power and private rights, the principle of proportionality plays a significant role in determining the level of infectious disease prevention and control measures, guiding and regulating the form of administrative emergency power, and in improving the mechanism of civil right protection in multiple dimensions. Through the analysis of problems in the application of the principle of proportionality, such as the over-expansion of the scope of close contacts, the disorder of "designated place", the unclear procedure and degree of compulsory measures, we conclude that the principle of proportionality should be followed in the application of isolation norms to clarify the inherent logic of legitimacy, appropriateness, necessity and balance. Applying the principle of proportionality in clarifying the boundaries of close contacts and in defining the "designated places" contributes to the balance between state power and individual rights, and balance between private rights of close contacts and public interests.

The Financing Model of China's Small and Medium Private Enterprises in the Context of Internet Finance

LI Pandao, YANG Yuqing

2022, 24(1):  16-25.  DOI: 10.11885/j.issn.1674-5094.2021.05.14.03

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Small and medium private enterprises have been faced with financing difficulties. The development of Internet finance has broadened financing channels, reduced financing costs, and brought new opportunities for its innovative financing model development. To a certain extent, Internet finance has solved the problems of information asymmetry, single financing channels, and low financing efficiency, and alleviated financing difficulties, and promoted the innovation and development of financing models. But it still faces many challenges. The inadequacy of relevant laws and regulations, internet technology risks, and lack of funding sources have driven small and medium private enterprises to focus on strengthening scientific and technological innovation capabilities to improve its core competitiveness, and to strengthen cooperation among companies. The government must also improve relevant laws and regulations, maintain a fair market competition environment, appropriately reduce financial entry barriers, simplify financing application procedures, and enable them to continue and develop healthily with the promotion of Internet technology.

The Influence of Multi-Dimensional Distance on the International Business Model of Chinese Enterprises——A PPML Regression Analysis of Countries along the" Belt and Road"

YANG Jie, HU Fei

2022, 24(1):  26-32.  DOI: 10.11885/j.issn.1674-5094.2021.06.04.02

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This paper integrates the factors of both home country and host country into an analytical framework and uses the Poisson Pseudo-maximum Likelihood estimation to comprehensively examine the influence of multidimensional distance on the export and foreign direct investment based on the panel data of 45 countries along the "Belt and Road" from 2003 to 2018. The results show that the improvement of the host country's technical level and economic freedom is conducive to the expansion of China's export and foreign direct investment to the countries along the "Belt and Road". Institutional distance, economic and cultural distance hinder China's export and foreign direct investment and have stronger inhibition on foreign direct investment. The revised geographical distance promotes foreign direct investment of Chinese enterprises and helps export. Therefore, Chinese enterprises should not only pay attention to the technical level and economic freedom of the host country, but should also actively take into consideration the multi-dimensional distance to weaken the inhibitory effect of multi-dimensional distance on export and foreign direct investment continuously.

Legal Dilemma and Good Governance of Resources Exploitation in the International Seabed Area——From the Perspective of a Maritime Community with a Shared Future

QIN Guanwen, FENG Jinlong

2022, 24(1):  33-42.  DOI: 10.11885/j.issn.1674-5094.2021.10.21.03

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The resources of the international seabed area are listed as the common heritage of mankind by the United Nations Convention on the Law of the Sea because of theirs outstanding economic, scientific research and military value. China's concept of "Maritime Community with a Shared Future" provides a theoretical basis and new strategic ideas for improving the exploitation of the international seabed area resources. However, China is faced with some legal difficulties in seabed resources exploitation: the principle of "common heritage of mankind" being distorted, the parallel system constrained, serious pollution in resources exploitation and the faulty definition of the exploitation subject in reserved areas. Therefore, under the guidance of "Maritime Community with a Shared Future", China must participate in the resources exploitation in the international seabed areas by building the leading status of the "area" rules, strengthening the legal protection of the marine environment, enriching the legal connotation of "resources", optimizing the provisions of the exploitation subject of the "area", and improving the license system.

POLITICS AND LAW

On the Generation of Political Identity

YANG Huirong, FAN Yajun

2022, 24(1):  43-53.  DOI: 10.11885/j.issn.1674-5094.2021.07.17.01

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Political identity, the public support and recognition of the political system at psychological and practical levels, is conducive to the operation and development of the political system. The ultimate goal of political identity generation is to achieve a balance between psychology and practice. It originates from practice and finally returns to practice. The generation of political identity not only needs the acceptance of the identity subject at the psychological level, but also makes the identity subject participate in the social and political practice, so as to deepen the sense of political identity during the practical experience. The generation path at psychological level includes system shaping path and political socialization path, while the generation path based at practical level refers to political participation path. Institutional shaping, political socialization and political participation have their own uniqueness and are complementary to each other; they play an active role in the process of political identity generation.

CPC History and Experiences in Seeking Happiness for Farmers

FENG Yuxiao, TAO Shurui

2022, 24(1):  54-60.  DOI: 10.11885/j.issn.1674-5094.2021.08.03.05

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Since the founding of the Communist Party of China, striving to seek happiness for farmers has been an important mission in CPC history. Under the leadership of CPC, farmers were freed from the shackles of feudal land ownership with means of production redistribution, and through continuous adjustment of production relations. After 1949, the collective ownership of agricultural means of production was realized, and the people's commune system was established on this basis. Since the reform and opening up, the "separation of the two rights" of agricultural land and the household contract responsibility system have laid a foundation for making full use of the market economic system to promote rural economic development. Since the 18th National Congress of the Communist Party of China, the Party has continued to make efforts to build a new socialist countryside through the separation of land ownership, "precise poverty alleviation" and rural revitalization. Systematical summary of the experience of the Party in seeking happiness for farmers in different historical periods can provide lessons for promoting rural revitalization.

On the Refinement of the Criterion for Judging the Legality of Temptation Investigation

CHEN Liyun

2022, 24(1):  61-67.  DOI: 10.11885/j.issn.1674-5094.2021.07.18.01

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The criterion for judging the legality of temptation investigation is the core point of the theoretical research of temptation investigation, and the requirement of the investigation theory development. The concrete basic researches on temptation investigation, especially the agreement between its theoretical interpretation and Marxist philosophical ontology, epistemology, axiology and methodology, determines that the refinement of the criteria for judging the legality of temptation investigation has the basis of philosophy and criminal law. In the investigation practice, the establishment of practice mode that fits for the investigation law, can accurately present the practice program of "during investigation" and "after investigation", can guide investigators to accurately judge the legitimacy of temptation investigation in different stages. In terms of utility, the evaluation criteria of economic utility, social utility and moral ethics utility based on the factors of total effect and marginal effect, efficiency and justice, kindness and justice can further make a reasonable evaluation of the refinement of the legitimacy judgment criteria of temptation investigation.

On the Nature of Special Defense

JIAN Xiaohao

2022, 24(1):  68-74.  DOI: 10.11885/j.issn.1674-5094.2021.08.12.02

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The appellations of "justifiable defense" in Article 20 of the Criminal Law vary widely, including unlimited defense (right), special defense (right), no undue defense, and preventive justifiable defense, etc. However, from the perspective of linguistic logic and normative expression of criminal law provisions, "special defense" is in line with the special provisions on defense limit in Paragraph 3 of Article 20. The content stipulated in Paragraph 3 is still restricted by the understanding of justifiable defense and the elements of defense limit in substance. On the formal side, there is a systematic expression in line with the standard terms between Paragraph 3 and Paragraphs 1 and 2, which is not a tentative provision other than the content stipulated in Paragraphs 1 and 2, but an indicative provision. The "right" nature of defense is influenced by the authoritarian or liberal national paradigm, while China's national governance system pursues weak authoritarianism, and the traditional legal liberalism gradually recognizes and accepts legal paternalism. Under the influence of weak authoritarianism and legal paternalism, the special defense stipulated in Paragraph 3 has an obvious nature of obligation, and is a unity of rights and obligations.

A Study on the Substantial Effectiveness of Criminal Compliance Programs

WANG Zhigang, QIN Yi

2022, 24(1):  75-85.  DOI: 10.11885/j.issn.1674-5094.2021.09.29.03

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The basic functions of the criminal compliance program being preventing corporate crimes, many cases of corporate compliance failures in practice have aroused doubts about its effectiveness, which mainly includes: the conflict between the effectiveness and the basic functions of the criminal compliance program, compliance being reduced to a mechanism for exempting with money bribery, superficial features being easy to imitate, and increasing the burden on small and medium-sized enterprises. In fact, corporate criminal compliance programs fail in practice mostly because they are only effective in form but ineffective in substance. Substantial effectiveness is the core of the effectiveness of the criminal compliance program. When external supervision is unable to ensure substantial effectiveness, stimulating the endogenous motivation from within the enterprise is a powerful measure to prevent paper programs. This needs to focus on informal norms that have a greater impact on substantive effectiveness. In addition, clarifying the boundaries of the effectiveness of the criminal compliance program and the criteria for degree division is the necessary "survival way" for enterprises under external supervision.

On the Private Information Protection in the Field of E-government

WU Qian, CHEN Yanling

2022, 24(1):  86-96.  DOI: 10.11885/j.issn.1674-5094.2021.05.14.02

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In recent years, the construction of e-government based on public data has become an important means for governance capacity improvement transformation and upgrading to a modern government. However, private information protection in the field of e-government is unsatisfactory, which is exemplified in the form improper collection, management and disclosure of citizens' private information by government. The "imbalance" between government information power and citizens' private information rights is the major reason for present situation of information legal protection in the field of e-government. We suggest that China should improve citizens' private information protection e-government and realize a dynamic balance between government information power and citizen information rights by learning from foreign experiences. Measures can be taken in information source regulation, institutional management and mechanism evaluation so as to build the legal system of private information protection in the field of e-government.

The Dilemma of Law Application of the Divorce Cooling-off Period and Solution——Comment on Article 1077 of the Civil Code

ZHANG Yutai

2022, 24(1):  97-105.  DOI: 10.11885/j.issn.1674-5094.2021.05.10.01

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Article 1077 of the Civil Code sets a 30-day cooling-off period for divorce registration, which is the legislative response to the phenomenon of "flash marriage and flash divorce". It is of great significance in reducing hasty and impulsive divorce, in guaranteeing stable and harmonious marriage, and in building civilized, harmonious and happy family relationship. However, the application of this system has failed to produce the expected optimistic results since its implementation. To avoid the cooling-off period of divorce registration, both parties of divorce choose to file a suit in court for quick mediation of divorce, making the cooling-off period of divorce registration a "virtually useless" system. It is suggested to establish a cooling-off period for divorce litigation, to set rules for the alignment of registered divorce cooling-off period and the divorce litigation cooling-off period, to set application conditions and relevant guarantee mechanism of divorce cooling-off period, so as to find out measures to improve the divorce cooling-off period system.

THEORETICAL EXPLORATION

Paradigm Changes in Researches on Ideological and Political Work for Students in the Internet Era

LU Xiao

2022, 24(1):  106-112.  DOI: 10.11885/j.issn.1674-5094.2021.05.12.01

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The Internet-depending society is now the vehicle of ideological and political work for students. The ideological and political work for students supported by the Internet can free itself from traditional ideological and political education. An analysis of the paradigm helps to clarify the theoretical basis and disciplinary support of the paradigm turn of researches on ideological and political education in the Internet era, and make it more targeted and time-efficient. The paradigm turn of researches on ideological and political education is taking place in the following aspects: the subject- subject turn of education relation, the education vehicle turn from block to sharing and the discourse turn from logic reflection to interpersonal care. The paradigm turn of researches on ideological and political education in the Internet era should be done under the guidance of the Marxist research paradigm, taking into consideration of the Internet subcultures, the practical need and interdisciplinary support.

The Theoretical Gist, Realistic Appeal and Value Implication of Lenin's Thoughts on Ideological Party Building——A Text Analysis of What Is To Be Done?

PAN Wenli

2022, 24(1):  113-122.  DOI: 10.11885/j.issn.1674-5094.2021.08.13.06

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In Lenin's What Is To Be Done?, the conception of ideological party building in the history of Marxist development and the history of proletarian political party construction has a pivotal position. Lenin put forward a series of concrete ideas on the theory, significance and method of ideological party building through deep exposition on the wrong ways of opportunists and revisionists in the Russian Social-Democratic Workers' Party, and expounded the significance of stressing scientific revolutionary theory, strengthening the indoctrination of revolutionary theory, establishing a nation-wide political newspaper and cultivating professional revolutionaries for the ideological building of the proletariat, which effectively promoted the development of the communist movement at his time and further enriched and developed the Marxist theory of party building. The enlightenment of Lenin's What Is To Be Done? for the ideological construction of the contemporary Chinese Communist Party is that we must adhere to the dialectical unity of Marxists ideas and CCP principles by firmly grasping the ideological leadership, adhere to the unity of practical efforts and strict party discipline by sticking to socialist faith and mission, and promote the study and education of party history with "online" and "offline" joint efforts.