The joint and several liability in American law has experienced an overcorrect process in which the unusual narrow scope of application obtained an expansion but was under close restraint finally，and the balancing of interest which was a model of one-way angle developed into an individual model. The causation，comparative negligence and effectiveness of exonerative settlement constituted the internal elements whichgave impetus to the institutional change based on endogenous，and its principal mission was to construct arational system of rules. The considerations of constitution，public policies，legal functions，legal proceedings and legal culture constituted the external elements which promoted the institutional change based on exogenousness，and its chief aim was to exert the institutional function and to prevent the abuse of joint andseveral liability. The complicacy of elements and driving mechanism are the main cause of hypercorrection. There are two reasons for Chinese laws not to experience overcorrect institutional change. Firstly，requirement of systematism prevents the drastic institutional change based on endogenous ness. Secondly，requirement of policy in transition period trends to require constructing or completing system of rules for jointand several liability.

The sub-statute on“Masters Engaging in Illicit Sex with Their Married Servant Women” actually origi-nated from Manchu law and it was not applied to the Han people until the Kangxi reign. Manchus established this sub-statute probably in order to restrict the masters’“right of the person” over their slaves. Jurists in Han society, however, emphasized the status hierarchy and argued that masters who had engaged in sexwith their married servant women debased themselves and therefore they should be punished. From the Qian-long period onward, when the Qing court handled illicit sex cases between masters and their female serv-ants, it emphasized more and more on women’s chastity and gradually granted the servant women the“rights” against sexual assaults from their masters.

Motivated by emperors and officials’self interests, the Qing law and its normal practice generally classify litigations as following two types, cisong （minor matters） and anjian（serious crimes）．Cisong generally related with the civil litigation of household, marriage or land, and anjian included high crimes such as slaughter, rape or robbery, of which the offenders would be punished at least more severe than blows of the heavy bamboo. The principles to classify litigations are not only based on the certain litigation nature and its structure, but are also based on the judgement. Two types of litigation differ in time for allowing the litigants to suit and the rules for making judgements. Qing law allows officials to make judgement freely, and limit the time to suit as officials adjudicate cisong. As to anjian, officials are required to abide by Qing law. Although the officials from the Board of Punishment would use some skills such as analogy，their jugdgemnts were still mainly based on positive law. The litigation classification and officials’aversion to cisong show the self-interest trend. Such judicial backgrounds press the involved parties of cisong to respond with some routine strategy. The above litigation classification witnessed long history. However, scholars have paid little attention to the classification before. And as a result,some improper arguments appeared.

In order to go beyond the limit of the mainstream of current．competition law research，which has arbitrarily divided the competition law study into two separated layers——domestic competition and international competition，this paper，based on an analysis of the widely-known case——EU CR Act and EU Anti-dumping investigation against China（Wenzhou）’s lighter manufactures，empirically exams the cross-nation aspect of the current domestic economic competition in the context of WTO and generalizes the embodied multiple legal mechanisms in it．The author aims to explore a new potential way for the study of competition law．

Right to privacy, which is well accepted in China, still needs more research, because the problems such asboundary of it and so on have no consensus yet. Although right to privacy has the basis of constitution, it shouldbe a civil right. The attribute of it is concrete personality right rather than general personality right, and shouldbe regulated by personality right law. Right to privacy mainly includes peace of life and private secret. The development of right to privacy should base on these two aspects. Right to personal data distinguishes itself fromright to privacy and should be regulated separably.

The structure and changes of the power on the background of Chinese rural society in the Ming-Qing Dynas-ties is always concerned by Chinese and foreign scholars. The rural gentry cannot be bypassed almost in all relat-ed research. Starting with the analysis to the rural gentry of various opinions of the previous scholars, this paperreveals the close links between the power elements belong to the rural gentry and the state power. The paperprobes the generating path of the rule of rural gentry on the condition of the weakening of the state formal authoritywhich controls the rural society. In the special field of the state and society in the later period of Chinese feudalsociety, the paper interprets the relationship between the rule of rural gentry and the state power. The conclusionis that the rule of rural gentry is the extending of the state power in the rural governance but it also provides a de-fense against the state power for the rural society. With the conservative posture instead of the revolutionary feel-ing, the rule of the rural gentry had wined a relatively autonomous rural society from the absolute state finally.

Catch all crime is both a legal concept and a historical concept. From the period of arbitrariness on punishment to the nulla poena sine lege, the evolution of catch all crime reflects its era background and characteristics. As a kind of judicial phenomenon, the tendency of transforming into catch all crime is getting serious, and it concludes the accusation left over by history as well as the newly emerged, which has led to judicial chaos and even has caused the competition of choosing catch all crime. This is not unique to China, but it has become the most dangerous judicial phenomenon that influences our process of rule of law. Different legal tradition and judicial atmosphere create various catch all crimes, and the reduction of it, however, is the common view of Chinese and Western law. The Chinese way of reducting catch all crime should lay equal stress on both legislative and judicial aspect.

Res accessoria sequitur rem principalem is known as a well-established principle of international law. Inthe light of close relation between interpretation of appurtenant islands and sovereignty，inappropriate meth-ods may harm territory sovereignty，so in judicial and arbitrational practice，an intrinsic geographical，eco-nomic or historical method has been adopted. The Court’s approach of interpretation is strict in terms of preci-sion in language，explicit subsequent practice and actual control，regardless of basic interpretation methodsand legal effect. Diaoyu Islands Dispute between China and Japan is related to interpretation of treaties，be-cause Article II，Section（b） of Treaty of Shimonoseki ceded Taiwan，“together with all islands appertai-ning” to Japan. But after world war II，The Cairo Declaration and The Potsdam Proclamation recovered sov-ereignty of Diaoyu islands to China. From the point of view of historical and political criterion，DiaoyuIslands is appurtenant to Taiwan，which was indeed ceded to Japan through Treaty of Shimonoseki. In addi-tion to finding historical evidence，maps and effective control，China should study on interpretation of trea-ties involved Diaoyu Islands，and provide further support for safeguard on the territorial sovereignty.

his paper mainly introduces the development on the Methodology of Constitutional Iaw. Since 1871 has Germanwent through three political changes which also influenced on the science of Constitutional Law. Thereafter the question,how to construct the scientific system of Constitutional Law, has become the central topic in Gernany.

Regarding ICSID arbitration awards, while China need not adopt a special legislation on the implementationof the ICSID Convention like some other countries, it is proposed that the Chinese Supreme Court shall issue somejudicial interpretations on how Chinese courts shall implement the ICSID Convention, and neither the trial super-vision procedure nor the reservation of public policy in Chinese domestic law can constitute standards that Chinesecourts can adopt to review ICSID arbitration awards when they are applied to recognize and enforce them. Regard-ing other kinds of international investment arbitration awards, it is proposed that China shall resolve the presentproblem that the New York Convention is not applicable to the recognition and enforcement of these kinds of arbi-tration awards in China, and that Chinese courts don’ t take as excuse the reservation of public policy to refuserecognizing and enforcing the awards. As it is widely accepted by the international community that a country canrefuse to recognize and enforce international investment arbitration awards on the basis of state immunity, Chinashould adopt legislation on state immunity soon.

For severe restriction in financing regulation, illegal financings are very popular in China, and have madeheavy damages. Though the Supreme Court published a Legal Interpretation on the subject this year, there aresome defaults in it. First of all, it doesn't define the illegal financing clearly ．No matter which form the illegalfinancing adopts, its nature is investment. To define the illegal financing needs to find a passive investment andpublic offering involved in it. But the Legal Interpretation has flaws in these two factors ．Also, it is too strict inproviding public reselling of securities and is wrong in providing illegal selling funds．

Originating in Athens, the system of time limits for prosecution, with the religious overtones, has  a kinship with the amnesty system, aiming at burying the hatchet and uniting the community. Augustus developed it into a technical system in his anti-adultery legislation, and it was then extended to other  areas of law. In modern times, the system of time limits for prosecution was secularized and equipped  with the doctrine of natural punishment as its theoretical basis. The different limitation periods were arranged according to the seriousness of the offense. Modern people also have created a new system of time limits for execution and have discussed constantly and deeply around the object of the time limits  for prosecution. China’s ancient law does not have such a system, and therefore it was introduced in  China after the Opium War. Now, this system has been included into the penal codes of four jurisdictions of China, namely the Continental China, Taiwan, Hong Kong, and Macao. It is a defect that  China’s criminal law is absent with such system, and neither has the system of time limits for prosecution for the misdemeanor and the crimes that should be punished with public surveillance, with criminal  detention, with fine and with confiscation of property.

条约冲突一方面表明了当代国际法旺盛的生命力，另一方面也会对国际法的进一步发展产生消极影响，因此研究条约冲突及其解决对国际法治建设有着积极意义。条约冲突的产生与国际法不成体系有着密切的因果联系。在各种类型的冲突中，有的可以采用诸如特别法优先原则来处理，有的可以通过条约解释规则加以消弭，有的则可以设置明确的冲突条款来避免。国际法的不成体系，使得解决条约冲突的方法也可能是“不成体系”的。综合运用各种冲突解决方法，是国际法对解决条约冲突的必然要求。

The two contrasting approaches of tort law, in civil law tradition and common law tradition, parallel the dis-tinction in modern legal theory between rule-based and principle-based models of law. The focus of interest is noton substantive issues, but rather on the basic structure and style of tort law. The Continental law of delict andEnglish tort law are really much closer together than is commonly thought; there is no question of unbridgeablegaps and differences．

The retirement system of different ages between men and women is provided in 1978，which is questioned unconsti-tutional now. Judicial review of the legislation of gender-based classification system, the appropriate censoring benchmarkis “Intermediate Scrutiny Test”．Accordingly, between the provisions of early retirement in women than in men and thepurpose of the protection of women, substantive relevance should exist. However, due to the legislative facts that change,now the substantive relevance between the two does not exist, and it will lead to “Inverse differences”．Moreover, com-pared to the provisions of the rigid retirement system of different ages between men and women, more lenient regulationmeans to achieve the same purpose of protecting women should exist. Therefore, the retirement system of different agesbetween men and women is unconstitutional, and should be modified. In principle, a unified system of the retirement agefor men and women should be established, allowing women to choose early retirement based on self-situation.

Copyright is the foundation and the core of economic rights of authors. With the development of technology,the mode of copy expands increasingly from the pure print copy to analog copy and even to digital duplication, sothat the essence of copy is lost. And because different countries possess different theoretical foundation of theright and legislation structure, it is difficult to reach a unanimous conclusion about the connotation of copy. Inperspective of theory of incentives, copy indicates the representation of works form，and is also one of the meansthat the owners control the market interests in works, which reflects the copy s nature of non-originality and com-petition. It is of extremely vital significance to understand this feature for recognizing the fresh modes of copy suchas intermodal copy, spontaneous reproduction and temporary reproduction. In the two-dimensional views of thenon-onginality and competition, the profits produced from new mode of reproduction should be distributed regard-ing copy and creation as standard in the competitive market, consequently realizing the dynamic balance betweenpublic interests and exclusive benefits of copyright owners in the precondition of inspiring copyright owners, andenabling both the public’ s access to works and copyright owner's performance of the exclusive right in the rightplace in copyright law.

In the range of legal facts，the acts can be differentiated into legitimate acts and illegitimate acts. Thecriterion of this kind of differentiation is the difference in legal requirements of the legal norms. As far as therestrictions of legal effects on legal requirements are concerned，illegitimate acts are the legal requirementswhich are in relation to compensational responsibility and some other responsibilities；meanwhile，however,legitimate acts can not lead to those kinds of legal effects. Besides，seeing from the perspective of the compo-sition of legal requirements，illegitimate acts are the legal requirements which contain the elements of illegal-ity；on the contrary，legitimate acts do not contain that kind of elements. On one hand，the differentiationnot only encompasses the whole structure of legal norms，but also reflects the evaluation system of legalnorms；on the other hand，it makes a necessary basis for the achievement of legal facts’systematization,and the differentiation can not be replaced by any other classification of legal facts. What’s more，beingclearly aware of the differentiation，we can also clarify the meanings of legitimate acts and illegitimate acts inother contexts，which contributes to an accurate comprehension and application of the legal norms related.

To carry forward the spirit of rule-of-law is a strategic task of managing state affairs according to law. But broad divergences exist in the understanding of the attribution and connotation of the spirit of rule-of-law in both the academia and practice. Based on the comparation from the perspectives of ultimacy, consistence with the context, functionality, coverage, and so on, it is revealed that the objectivity should be the basic attribute of the spirit of rule-of-law. The framework principles judging the spirit of rule-of-law include comprehensiveness, inherence, openness, and purposiveness, while the methodological position refining the connotation of the spirit of rule-of-law should be based on a dialectical view of the rule-of-law. According to the above-mentioned principles and methodological position, the content of the spirit of rule-of-law can be determined as the following six groups value of kernels which both complement and restrict each other: governance of rule vs. good governance with good law; freedom and human rights vs. equality and harmony;official and people co-governance vs. universal law-abiding; performing responsibilities actively vs. restricting  the public power; punishing the evil and praising the good vs. taking people as the foremost; fairness and justice vs. effectiveness and efficiency. The spirit of rule-of-law, as both the core value of the rule of law and the soul that runs through all the links of it, is not only the rational basis of building institutions, scientific guide to carry out the task, and so on, but also contributes to the perfection of legal system and the acquisition of legal knowledge. To carry forward the socialistic spirit of rule-of-law, it is necessary to internalize the whole people’s understanding of it, pursue the support of ethics, enforce the institutional justice, perfect the coordination of benefits, consolidate the political foundation and optimalize the feedback mechanism.

Recently the legal history scholars of China believe in, even blindly trust the judicial archives which were often interpreted on a superficial level. In fact, judicial archives tolerated the existence of wrought contents even fabrication. For the case of Liang Kuan killing his wife which happened at Luoding Prefecture of Guangdong Province in Tongzhi Reign, the analysis of a piece of Penal Memorials to the Throne （Xingke Tiben） which wereseparately in the name of Xunfu of Guangdong Province and The Minister of Justice （Xingbu Shangshu）, compared with the relevant diaries written by Du Fengzhi who was the first trial official of this case, has shown the traces of fabrication in Penal Memorials to the Throne. Compared with Du Fengzhi’s diaries, the fabrication of Penal Memorials to the Throne was even more obvious. This discovery aimed to call scholars’ attention to keeping a necessary critical attitude towards judicial archives and to noticing the wrought contents or fabrication that might exist in them.

Our country's penalty includes common confiscation, as well as special confiscation. The common confiscation has its legitimacy of existence, therefore it should not be abolished; the confiscation of the criminal's own properties used in the crime, though which has the content of the penalty of confiscation of property, can only be integrated into security measures; the criminal's own properties that were used in the crime should be restrictively interpreted as the criminal's own properties that were used in the crime and with the nature which is equivalent to prohibited articles; all properties illegally obtained by a criminal refer to all properties obtained by a criminal’s illegal conduct fulfilling the constitution of crime, which are not under the premise that such criminal should have the criminal responsibility; as to the application of provisions of confiscation under the criminal law, different categories should be divided, and the aim of relevant provisions should be achieved.

The reservation to Article 1（b） CISG made by contracting states limits the application of the Convention to contracts between parties from reserving state and non-contracting state, and increases the chance of applying domestic law. Political need and the prudence are the major reasons for making the reservation. It reflects socialist countries’ hopes of more applying domestic law and the internal uniform law. At present, the political and legal situation for China’ s making the reservation has changed fundamentally．The social foundation to maintain the reservation does not exist already. Instead, China’s withdrawing the reservation timely is helpful to prevent uncertainty and complexity of legal application, to solve disputes fairly. It will reduce international trade barriers,and promote the legal uniformity in international trade. Withdrawing the reservation essentially is the issue of improving Chinese commercial law. It does not impair China’s legal sovereignty, the essential state interests deriving from other treaties with the feature of public international law.

It has been a long time for Hong Kong and Mainland to deal with the matter of fugitive offenders without reg-ulations. The precedent model is based on the present situation and case negotiations. It accepts the stare decisis doctrine by which both Hong Kong and Mainland are obliged to respect the precedents established by prior deci-sions. The model makes use of existing laws to repatriate fugitive offenders. And it is a transitional model whose aim is to create conditions for bilateral agreement between Hong Kong and Mainland. The main content of the model includes establishing system of precedents, applying system of precedents and appropriate negotiators.

In China, the relationship between Party and political and legal institutions includes three fields: political and legal departments, the Political and Legal Committee （PLC），and the Party Committee. The fact that Party manages the political and legal institutions can’t be simplified into that PLC manages  the political and legal institutions. Actually, PLC is the assistant and staff of the Party Committee at all  levels. PLC is in charge of contacting and directing each political and legal department, but each political and legal department also can directly ask for instructions from the Party Committee. One way is to  submit to the Party Standing Committee, and the other is to submit to the member of the Party Standing Committee who also serves as the secretary of PLC. The final instructions may be transferred to  PLC to enforce. In the future, according to the principle of separation of the Party and administration, the party Committee, the secretary of PLC and PLC should cease to instruct or discuss the judicial cases. PLC can separate the functions with the Committee for Comprehensive Social Management. PLC  should do more macro jobs, so that it can ensure the Party leads the political and legal institutions organizationally and ideologically.

DCFR, as the most far-reaching research project in the field of private law, tries to set up a bais not only for theCFR in the european political aspect, but also for the law-making, judicature and legal education aimed to realize the u-nification of european private with a down-to-up approach. The sixth book of “Non-contratual Liability” is regarded as oneof the most important model code for european tort law.

Predatory pricing occurs where a firm deliberately sets low prices to eliminate, discipline or deter entry by a com-petitor, with the goal to subsequently recoup its losses by charging supra-competitive prices.China's Anti-Monopoly Law, Anti-Unfair Competition Law and Price law contain prohibitions of predatory pricing,but their provisions do not go into much detail. Given the relative scarcity of guidance on predatory pricing in China, thispaper examines the solutions proposed by economists, antitrust agencies and courts in the United States and the European. The paper analyzes the evolution of economic theories of predatory pricing, including the insights of the ChicagoSchool and post-Chicago School game-theoretic models. Moreover, the authors describe the U.S.，law on predatorypricing, including Matsushita and Brooke Group, and the EU case law, ranging from AKZO to Wanadoo.

The basic structure of thinking of nineteenth century’s international jurisprudence is the “unpolitical” positivism. By examining the narrative of China contained in the texts of international law during that period, we can clearly see the features of this structure of thinking. The standard of “ civilization”，which played the role of defining the membership of “community of international law”，was in fact unclear. With the rising of positivism,the discussion of the legality of the two opium wars disappeared eventually. The judgment of the legality of unequal treaties was limited in terms of the formal rules of contract law, which ignored the cruel reality of the asymmetry of international violence. However, the unclarity of the standard of “civilization” did not prevent the discourse of “civilization” from being made use of by the reality of international politics，and Japan was the best student in this matter. Because of the refusing of the thinking of the “political” issues, international law in nineteenth century could not restrict but tolerate the expansion of imperialism into China. With the rethinking of the history of this discipline, it is necessary for the new generation of international jurists to remain vigilant in their methodology and to devote themselves to the “political” issues more responsibly.

Principle of Non-intervention is well accepted a basic principle of international law both in various international legal documents and legal doctrines, but is frequently violated nevertheless in international practice. Seeing from the traditional method of customary law which stresses the prominent role of actual practice of states, the contradiction between proclaimed principle and actual practice has posed special difficulties in identifying and proving the customary nature of non-intervention. Or more fundamentally, indeed which rule, intervention or non-intervention, is actually customary? Having examined five recent doctrines of customary law methods and relevant judgments of the International Court of Justice, the article submits that the principle of non-intervention is so fundamental to international society and of constitutional nature that justifies some special features in proving the customary law nature of non-intervention. The customary law nature of non-intervention derives from the sovereign equality of states being the structural principle of international society, and is further confirmed by the prevailing opinio juris. The element of opinio juris plays a dominant role other than state practice in developing and identifying the customary rules of non-intervention. However, state practice is highly relevant in determining the specific rules of prohibited interventions underlined by the principle of non-intervention. Moreover, the scope of state practice in the field of intervention should include not only the material practice of intervention and counter-intervention, but also practice of protest from the intervened and disapproval of international society at large. The article further asserts that the approach of customary law is value-oriented instead of value free in the contemporary inter-dependent international society.

Based on the archives from the Ministry of Justice and other documents such as Civil Servants Directory from the early Republican period, this paper reveals that legal transplant is the main method of compilinglaw undertaken by the Bureau for the Compilation of Law in the early Republican period. It followed the similar practice by the former Qing institute, and continued to absorb the laws from Japan and Germany. Meanwhile, it also paid attention to the laws from France, Austria, England, and other countries. The Bureau for the Compilation of Law gathered a group of legal elite，and most of them studied abroad，received good legal training. The presence of the legal elite conditioned the success of the legal transplant. In parallel with absorbing the foreign laws, the Bureau made efforts to redress the negligence of traditional practices, and paid some attention to it. Their effort was demonstrated by the changes made in the property law，family law of the Second Civil Law Draft. Because of the instable political Situation，most of the drafts completed by Bureau never became laws, and could not play their roles in the society. In this sense, the law Compilation project undertaken by the Bureau was uncompleted，a similar fate faced by its predecessor.

n criminal statute, provisions have been designed to achieve the unity of form and content as well as the unity of appearance and substance. Philosophically speaking, as the form and content fall into one category and the substance and appearance belong to another, form and substance, instead of serving as two opposite sides, can becompatible with each other. Therefore, the division of formal interpretation and substantive interpretation actually turns out to be a false proposition. So is confrontation in the pertinent theories. Unlike criminal law which becomes frozen at the moment it has entered into force, social life is in an ever-flowing process. Consequently, the line between objective interpretation and subjective interpretation is relative rather than absolute. The basic aim of the interpretation of criminal law is to nail down definitions and form the concepts through penetrating the phenomenon to get the substance of every provision in the criminal statute in order to measure its range and set the boundary, and also to establish a standard for evaluation and judgment through an endless verification to unearth the content of the clauses by means of deduction according to the relations of form and content. In fact, the inter-pretation of the criminal law is a process which the formal logic takes effect. Thus, the law to the logical thinking should be observed. The application of the conclusion from criminal law interpretation is a process of inductive reasoning and judgment on the various phenomena in life and specified details in cases based on this conclusion itself, which makes the falsification an essential testing measure during this process.

The Case of Li Changkui represents a kind of simple “hard case”，in which whatever the judge made a decision, result of the case failed to gain good social and legal effects, and the causation, however, rested on the internal system of judicature. The Case of Li reflects an age at which legal world view is deficient in coherence and integration. Although it's not an exclusive problem for China that judicature, public opinion and politics interact complicatedly, and the society shows distustt upon the criminal justice system, it reveals that, in the case of Li, some judicial personnel and academics hold an unidimensional and prejudiced understanding on the credibility, legitimacy and stability of judicature. It's argued, based on the case of Li, that judicature should operate to bridge, rather than widen, the gap between law and society. To achieve the goal of changing society, judicature has to meet the public's basic psychological demands upon equity. It's also argued that the development of media has contributed to help the public identify and understand the social meanings of the law in a flow of events. In this sense, it becomes possible to achieve some coherence among plural legal wold views.

The core of the offender of criminal negligence is the violation of attention obligation. But some problems about attention obligation will arise. The attention obligation of the principal offender of criminal negligence can not be explained by neither the concept of extensive principal offender nor the concept of double principal offender. Sometimes, the same conclusion can be obtained by the concept of restricted principal offender through“the form of violation of attention obligation”．While other times, attention obligation will be abused. One of the methods to solve the problem is to make a judgment on the attention obligation substantively through the self-responsibility of the victim.

The Property Law has been put into force for years, but the rules of the ownership transfer are still controversial. In the framework of the normative structure of "dingliches Rechtsgeschaeft”, this paper proposes a systematic review on such rules by analyzing the positive legal norms. This paper hold that China’s legislation has established the dichotomy structure of Obligation and Real Right. In the premise maintaining private autonomy, the separation of "obligatorische Rechtsgeschaefte” and “dingliche Rechtsgeschaefte” is obvious; furthermore, the basic effectiveness of real right’s publication in China is public reliance, it means that the abstract principle of the ownership transfer has its institutional foundation.

In China’s two criminal evidence law enacted in 2010, “evidence obtained illegally” is distinguished from those “flawed evidence”．Accordingly, exclusionary rules which are remedial were established to all the “flawed evidence” and some of the “evidence obtained illegally”．“Flawed evidence” is the evidence with technical flaws coming from investigators’behaviors when making the evidence notes, which is different from “evidence obtained illegally” in many aspects, such as violated interest, violation of the process, and negative effects. This is the main reason why such kind of evidence is remediable. The judicial explanation explicitly proscribes the scope of the “flawed evidence” as well as its remedial process, standard, and relative legal effects. However, in terms of the definition and remedial method，judicial officers are likely to misunderstand and abuse the discretionary power. Therefore，some related problems should be rethought discreetly when applying the rules.

The accuser as the initiator was always essential to set the judicial mechanism in motion in the Ordeal by thesecular courts and the Canonical purgation by the church courts in Medieva丨of Western Europe. In absence of aindividual accuser, the fama publica or public fame was used as an accuser. In the end of 12th century and at thebeginning of 13th century, Pope Innocence III justified the newly-created Inquisition by using the farm publica, asits exclusive accuser, and regulated the dichotomy of the Inquisition. Accordingly the inquisition in ius communewas divided into inquisitio famae and lnquisitio veritatis, consequently, the trial, the sentence of guilty would benull and void and the accused could refuse to answer the questions put forward by the judges on the ground thatthe Inquisitio famae was dispensed with or that the fama publica did not exist previously. The fama publica e-volved into the public prosecutor in Continental and the Grand jury in England respectively.

Wrongful birth case is arising from the disputes of compensation claimed by parents who have to give birth tobabies with disabilities caused by wrongful medical acts ．China should apply tort laws to settle this type of dis-pute. In those cases, parents' right of choice to practice eugenics is infringed, resulting in costs of upbringingand medical treatment expenses for babies with disabilities, as well as tremendous psychological pains for them tosuffer. According to current laws of China, both the property damage and moral damage of the disabled children's parents could be compensated．

The requirement of the Principle of Reciprocity in recognition and enforcement of foreign judgments has been an international usage, in order to make use of the Principle s two inherent functions, namely equivalent reprisal and positive incentive, for encouraging courts in various countries to confirm their judgments mutually. The reality of the application of the Principle, however, makes clear that the Principle has evolved into an obstacle to recognition and enforcement of foreign judgments because the courts in various countries set in advance in the Principle’ s application the priori status of national interest and willfully neglect its private interest nature of recognition and enforcement of foreign judgments, which makes the courts impossible to balance interests effectively so as to make the Principle to be a revenge tool. To some extent, therefore, interest-balancing should be an effective way to return its correct road for the Principle of Reciprocity. At present, the application of the Principle is not satisfactory in China, thus, the interest-balancing doctrine should be a base for the Chinese legislative perfection and judicial improvement of the Principle of Reciprocity, in order to make it a favorable tool to encourage foreign courts to recognize and enforce Chinese judgments.

Human rights and fundamental or constitutional rights, two concepts derived from the Occidentals, are al-ways used inconsistently in the many Chinese legal writings, which could endanger, directly or indirectly，thesystematization and consistency of the positive law. In this article, the relation between them would be thereforeclarified, especially the transition from human rights to the constitutional rights, in which human rights transformwith the four confining forms-national, institutional, rational-scientifical and conventional-into the constitu-tional rights. The nature of constitutional rights could be resulted from this transition process. They，not onlyinstitutionalization of human rights, but also have always the intention of claiming to the correctness of humanrights． By means of the reconstruction to the relation between them, this article tries to finally explain some issuesin the current constitutional practice.

From the perspective of grammatical interpretation the Social State Principle has neither a prominent positionnor clear meaning in the text of the Basic Law, but from the aspect of the systematical interpretation it is an important constitutional principle which is unalterable. The history of the Social State Principle suggests that it canto some extent compensate the lack of fundamental social rights in the text of the Basic Law. However, the realization of the goals of Social State and the fundamental social rights depends on the concretization of laws ．TheFederal Constitutional Court plays a key role while fulfilling the normative function of the Social State Principleand concretizing the constitutional minimum standards of Social State. Together with fundamental rights, restriction of fundamental rights and purposes of Social State, the Social State Principle is generally used in the FederalConstitutional Court's decision to impose obligation on legislator to protect the fundamental social rights or to justify the statutory intervention into fundamental rights.

The judicial interpretation should define that the real feature of informed staff is securities insider information available to them based on job. In addition, the judicial interpretation should detail the type of judgment rule as to the informed staff of securities insider information. If we choose the relationship of inheritance of property to limit the scope of close relatives of informed staff of securities insider information, it can fully fit the substance that the crime of insider trading illegally profits from capital market transactions by use of inside information. It has full legitimacy and reasonable basis that we presume related trade practices and insider information are inter-related according to the significant unusual transactions facts. It is necessary to distinguish between impliedly and expressly inform others of engaging in the trading activities by the standard of whether informing the advisee of the contents of insider information. The judicial interpretation should further optimize the minimum amount of serious circumstances and the specifically identified rules of the amount of the crime of insider trading.

P2P Lending has emerged in China in recent years. It begins with the C2C lending model, transforms  the model of C2B, B2B, B2 C, and then develops a series of financial services including information, fund, contract and guarantee based on online or offline methods. Assisting with the internet, P2P Lending can satisfy the needs of lending or borrowing party, promote the individual consume action. It gets some supports from local government with a certain extent of regulation. But it still needs some financial regulations to  preventing the financial risks. Meanwhile, law scholars has some disputes on this new thing’s quality. To settle these problems, the Economic Law Center of Renmin University of China and Jiangsu Hui Feng High Ton Law Firm has sponsored a academic conference in Nanjing on June 8, 2013. There are selected papers of  this academic conference as follows.