Article 322 of the Civil Code aims to determine the ownership of new things arising from additions and adjust the claims arising from them.The original acquisition of ownership of new things must be determined by law and is not within the scope of private autonomy.The “agreement” of the parties can only apply to the subsequent acquisition of ownership of new things.Due to the fact that the first sentence of this article only stipulates that the initial ownership of the new property shall be determined based on the principle of fully utilizing the utility of things and protecting innocent parties, and does not make clear provisions on the constituent elements and legal effects of processing, combining and mixing, the court must absorb relevant theories, comprehensively consider factors such as efficiency and fairness, and make a judgment based on the specific case.The second sentence of this article is a reference provision aimed at adjusting claims derived from additions.“Compensation” refers to the right to claim non-performance unjust enrichment, while “indemnity” refers to rights to claim tortious damages, breach of contract damages, etc.

Article 1195 of the Civil Code stipulates the “notice deletion” rule in the field of online infringement.It belongs to the Norms of Anspruchsgrundlage.The first two clauses and the third clause constitute independent Anspruchsgrundlage respectively.In terms of its relationship with Article 1197, this provision constitutes a special circumstance under Article 1197.Only through effective notification can the obligation to take necessary measures be derived.The necessary measures are not limited to deleting, blocking, and disconnecting links.The preliminary evidence of infringement and network service types have a substantial impact on the determination of such behavioral obligations.The timeliness of taking measures can be comprehensively judged based on factors such as the type and nature of network services, the accuracy of notifications, the degree of certainty of infringement, and the type and degree of infringement of rights and interests.The principle of attribution of liability for erroneous notification is also the principle of fault liability, and the forms of fault of the perpetrator of erroneous notification include intention and negligence.The contribution and degree of fault in causal relationships have a significant impact on determining the scope of compensation for damages.

Deceptive acts of engaging in sexual intercourse with women are commonly known as “deceptive rape.” Article 236 of The Chinese Criminal Law does not have a specific provision for punishing “deceptive rape.” Judicial practice acknowledges that under certain circumstances, “deceptive rape” can be constituted as rape, but the theoretical research and judicial practice of “deceptive rape” need to go beyond the confines of judicial precedents.“Deceptive rape” is not only an important issue concerning promises made under deception but also an excellent material for testing the interpretation of rape laws.By taking “deceptive rape” as a starting point, it is possible to systematically examine the core elements of rape, such as coercive means, violation of will, and the right to sexual autonomy.This approach can not only clarify the issue of “deceptive rape” but also deepen the interpretation of rape laws.

To build an independent knowledge system of criminal jurisprudence, it is necessary to dig deeply and absorb reasonably the wisdom crystallization and essence of Chinese excellent traditional culture, and realize creative transformation and innovative development of traditional culture.There is no contradiction between building an independent knowledge system of criminal law and learning from theories of foreign criminal law.The academic circle of criminal law should actively learn from and absorb foreign excellent criminal law theories with an open and confident attitude, rather than rejecting foreign theories.To construct an independent knowledge system of criminal jurisprudence, it is necessary to properly deal with the relationship between hot issues and basic theories.The basic theory is the premise of constructing the independent knowledge system of criminal law.Without the support of basic theoretical research, the discussion of hot issues is only repetition at low-level.To construct an independent knowledge system of criminal law, it is necessary to conduct academic criticism under the atmosphere of academic freedom, but academic criticism and academic interference should be strictly distinguished, and no interference in others' academic freedom should be carried out under the disguise of academic criticism.To construct an independent knowledge system of criminal law, it is necessary to correctly handle the relationship between academic disputes and academic consensus.Although criminal law scholars should have the consciousness of forming consensus, they should not give up academic disputes as a price.An independent knowledge system of criminal law needs to be constructed and improved in the process of constantly disputing, overthrowing old consensus and forming new consensus.

Article 963 of the Civil Code contains both primary and secondary norms and is the core provision of the chapter on “Intermediary Contract”.The intermediary could claim remuneration from the client only if the intermediary provides the agreed intermediary services and facilitates the effective formation of the target contract.If the target contract is revoked or invalidated, the intermediary does not have the right to claim remuneration as if the contract has not been facilitated.If the target contract is rescinded, the intermediary's right to claim remuneration is in principle not affected, except in cases attributable to the intermediary.“Identicality” should be recognised according to a relaxed standard.As far as causality is concerned, it is not necessary that the reporting or mediating behaviour is the sole cause of the conclusion of the target contract, but rather that it is co-causal.If the parties have agreed on remuneration, it should be based on the agreement of the parties.In practice, there are many contracts that contain both intermediary and mandate elements; if the intermediary only completes the intermediary service, the remuneration should be reduced accordingly.If there is no agreement, the remuneration should be determined in accordance with supplementary explanations or default clauses, and the intermediary's labor as a criterion should be limited.Unless otherwise agreed by the parties, in the case of mandated by both parties in intermediation, the remuneration is borne equally by the parties.Since the expenses of performing intermediary activities are included in the remuneration, they are borne by the intermediary.

Since ancient China, the reform has been referred as the legal change, forming a tradition of legal change aimed at prosperity and strength.Legal change is a unique academic perspective and theoretical framework, which from the legal perspective observes and interprets the spirit of the Third Plenary Session of the 20^th Central Committee of the Communist Party of China.The Decision by this Session has made a systematic top-level design for innovating and improving various fields and systems of national governance, which is the overall blueprint, roadmap, and construction plan for the new round of China's reform movement.The reform in the field of rule of law is the backbone project of China's legal change movement, and should act as the leading role of reforms in various fields.The fundamental difference between contemporary Chinese legal change and traditional legal change lies in the implementation of reform in a democratic and rule-of-law manner, rather than in an authoritarian and rule-of-man manner.

The Article 702 of the Civil Code of the People's Republic of China grants the guarantor the right to refuse to assume the guaranty liability on the grounds that the debtor has the right of set-off or the right of revocation.This is a temporary defense in nature, aimed at protecting the guarantor from being adversely affected by changes in legal relations that may arise from the debtor's subsequent exercise of the forementioned rights.The application of this provision is based on the premise that the debtor has but has not yet exercised the right of set-off or the right of revocation.The term “right of set-off” as mentioned in this article includes both statutory and contractual set-off rights, and the “right of revocation” mainly refers to the debtor's right to rescind the principal contract due to defects in the expression of intent.If the debtor waives his right of set-off or the right of revocation, the guarantor may no longer refuse to assume the guaranty liability to the creditor.This article may be applied by analogy to situations where the debtor has a statutory right of termination, but it should not be applied by analogy to situations where the debtor has an arbitrary right of termination, the right of withdrawal, the right of choice in alternative obligation, or where the creditor unilaterally has the right of revocation.Furthermore, if the amount of liquidated damages stipulated in the principal contract is significantly higher than the damages suffered by the creditor, the provisions of Article 701 of the “Civil Code of the People's Republic of China” should be applied by analogy, allowing the guarantor to apply for judicial reduction of the amount of liquidated damages.Whether the guarantor raises defense under this provision under this article does not affect the debtor's exercise of their right of set-off or defense rights.The rights and obligations between the guarantor and the debtor will be handled according to their internal relationship.

The forms of liability for tort compensation include several types: several liability, joint liability, partial joint liability, quasi-joint liability, and corresponding supplementary liability.The statutory nature of joint liability does not require that every type of joint liability must be specifically provided for by corresponding legal provisions.In the case of liability for multiple tortfeasors, it is important to distinguish between the establishment of tort compensation liability and the assumption of that liability.Once the liability of each tortfeasor has been established, whether they are liable under several or joint liability should be determined based on the constitutive elements of several debts and joint debts as outlined in the Civil Code.The resulting joint liability and partial joint liability do not violate the requirement for the statutory nature of joint liability.The provisions made by lawmakers regarding joint liability in cases of multiple tortfeasors are aimed at better protecting the injured party and preventing and stopping tortious acts.Partial joint liability arises from the principle of causation and is a form of tort compensation liability that has long been recognized in our law, facilitating a balance between protecting rights and maintaining freedom of action.

Article 10 Clause 2 of the Interpretation by the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Tax Evasion establishes exemption clauses, excluding from the scope of the crime of false issuance of VAT special invoices those acts that are not committed with the purpose of defrauding state taxes and do not result in actual tax losses to the state.This provision restricts the constitutive elements of the crime from both the purpose and result dimensions.Purpose Restriction: The exemption clause characterizes the crime as a non-statutory purpose crime by requiring the subjective element of “intent to defraud state taxes.” This represents a substantive reasoning approach that incorporates purposive analysis into the constitutive elements of the crime.Result Restriction: The clause mandates that the crime must result in actual tax losses caused by the use of the falsely issued invoices for tax deductions.Consequently, transactions involving “false issuance with actual goods”(e.g., substitute invoicing in bona fide commercial contexts)that do not lead to tax losses are excluded from criminal liability.The establishment of these exemption clauses holds significant practical importance for correctly adjudicating cases of false VAT invoice issuance in judicial practice.

Article 1198 of the Civil Code of the People's Republic of China requires operators of business premises, managers of public places, and organizers of mass activities to actively take reasonable preventive measures to avoid infringement of others' personal and property rights, which is a special provision of Article 1165(1)of the Civil Code of the People's Republic of China.Due to the fact that this provision is a special requirement proposed by legislators for specific entities to assume security obligations, the scope of entities is limited and has the characteristics of legality and closure.The obligation to prevent intentional harm by third parties depends on whether the security obligor's initiation of social activities increases the substantive risk of intentional infringement.In the judgment of security obligations, due to the complexity and diversity of the obligation content, the judgment criteria cannot be uniform, and reference factors should be extracted for judges to specifically determine in individual cases.When intervening in third-party infringement, the inaction of the security obligor only fails to prevent the third party from causing harm, and is not sufficient to cause damage independently.The construction of supplementary liability is reasonable.The applicable conditions for supplementary liability are that the failure to fulfill the obligation of security protection constitutes a minor fault and is an indirect cause of harm.The weak foundation of liability limits the priority and scope of the responsibility of the security obligor.The implementation of supplementary liability is not in the litigation stage but in the execution stage.

The moderate-scale agricultural operation is the necessary way for Chinese-style agricultural modernization.Under China's basic national agricultural conditions, the scale operation of land and the scale operation of services have their applicable space.The legal technical tools for moderate-scale land operation can be the creation of land management right under the “Separation of Three Land Rights” or the transfer or exchange of land contract management rights under the “Separation of Two Land Rights”; both of which have to curb the “non-agriculturalization” and prevent “conversion of arable land to other types of agricultural land” and meet the standard of “moderation”.The service-scale operation takes the agricultural production trusteeship as the main form, and its development is based on the contract between the farmer and the agricultural socialized service organization, but the conclusion of the service contract needs to be organized and coordinated by the rural collective economic organization.

The reason why the rights of consumers of commercial property need to be protected in priority must be examined from two aspects: theoretical basis and normative application.At the level of theoretical basis, the theoretical basis for the priority of protection of commercial property consumers' rights is not the right of expectation and there is no analogy for the rule of “buyer in ordinary course of business”.The super-priority protection of the rights of consumers of commercial property reflects the priority allocation of the principle of priority claims based on the needs of the public interest.Real estate companies are better risk-takers in forward housing transaction model in China.From the perspective of distributive justice, the priority protection of commercial property consumers is justified, which can resolve the tension between the risk of the real estate market and the dual attributes of commercial property.The jurisprudential basis for the priority protection of the rights of consumers of commercial property lies in the jurisprudential principle of reliance liability, and the nature of the right shall be statutory priority specially provided for the equitable purpose of public interest.At the level of normative application, consumers of commercial property and investment merchants shall be distinguished, and the residential purpose of consumers of commercial property shall be measured objectively and dynamically, and their super-priority protection status shall be clarified.

States, under the Vienna Convention on the Law of Treaties of 1969 (VCLT), are granted broad discretion over how to apply treaties; especially, due to the growing impacts of treaties, which especially refer to regulatory treaties, how domestic courts apply treaties becomes more complicated and accordingly the judicial system of treaty application has been more nationalism-oriented.Therefore, in order to improve Chinese judicial system of treaty application, we should firstly identify the benchmark and constituents for this system.That is, this system should not only ensure accurate application of treaties by courts, but it should also consider the relevant background factors, including constitutional framework, foreign policy purposes In addition, it should include both constitutive elements (including effect and explanation of treaties) and enabling elements (for example, inter-agency relations and capacity building).Especially, China, in improving the judicial system of treaty application, should consider the new opportunities, new demands and new challenges deriving from the changed background of the collaboration between domestic rule of law and foreign-related rule of law, the modernization of national governance system and governance capability, the profound transformation of international landscape and, especially, the enactment of the Law of Foreign Relations.Due to the significance of the inter-agency relationship on the improvement of judicial system of treaty application and, especially, the accurate application of treaties, Chinese legislature, executive and judicial branches should work on better inter-agency relations arrangement.

The concept of subjective rights has two aspects, one is subjective consciousness and the other is technical.The former defines subjective rights as more psychologically meaningful things such as freedom and willpower, while the latter is reflected in the use of subjective rights to organize private law rules and construct private law systems.Subjective rights have declined under the criticism of positivist scholars such as Léon Duguit and Hans Kelsen, and scholars have also realized the limitations of the concept of subjective rights, which has given rise to the perplexing problem of “non subject rights”.However, it has become a habitual discourse and a thinking pattern for legal professionals, and can only remain incomplete.Subjective rights and objective law do not overlap, and the discourse of subjective rights cannot fully cover objective law.There is still an open space left, which should be filled by the discourse of objective law.

The revised Administrative Reconsideration Law adjusts the mode of the alteration decision to a definitive application in limited circumstances.Definitive application in limited circumstances is a modification of mixed application, aiming to strengthen the application of the alteration decision in specific circumstances.Under the positioning of administrative reconsideration as “the main channel for resolving administrative disputes”, definitive application in limited circumstances contains the dual orientations of definitive application and limited application.Of the three limited circumstances in which definitive application is made,“inappropriate content” should be limited to defects in the substantive content effect discretion within the scope of statutory discretion and exclude abuse of power;“incorrect application basis” should be clearly distinguished from “lack of basis” and “illegal application basis”;“unclear facts, insufficient evidence, facts and evidence are clarified by the administrative reconsideration organ” shall be applied at the discretion of the reconsideration organ, taking into account the characteristics of case facts.Achieving definitive application in limited circumstances of the alteration decision requires the establishment of safeguards to protect the interests of the applicant through the prohibition of adverse alterations and a hearing procedure to make applicant willing to accept the variation decision.Strengthening the institutional capacity of the reconsideration organ should be achieved through the establishment of the Administrative Reconsideration Board as a consultative organ, so as to encourage it to proactively make alteration decisions.

The dichotomy of real rights and debt originates from the distinction of the types of relationship in social life, and has a high degree of legitimacy in the field within its radiation.China's civil law has inherited the system of Separating Real Rights and Debt from German law, but there are some local practices that may exert an impact on the system of bifurcation of real rights and debt.For these possible impacts, an explanation compatible with the established system can be derived through doctrinal work.Under the registration confrontation doctrine, undisclosed changed real rights are still complete real rights, which is basically the same as the legal status formed in the false appearance situation under the effective publicity system.The undisclosed ‘not opposable to bona fide third parties’ rule can be given a relatively concise structure guided by the principle of reliance.The enhanced rights enjoyed by the buyer of a particular immovable property are real rights.In this way, the concept of real rights remains uniform while not conflicting with the registration confrontation doctrine.

The newly added Article 201 of the Criminal Procedure Law in 2018 requires people's courts to “generally adopt” sentencing recommendations made by people's procuratorates in guilty plea cases.This regulation has sparked disputes between the procuratorate and court, and among academia, and has had a wide-ranging impact on judicial practice.This article argues that the “generally should adopt” clause, which grants substantive binding force to sentencing recommendations in guilty plea cases, is basically untenable, violating the doctrine of separation of powers between the prosecution and the judiciary and the constitutional principle of “the Public Security Organs, the People's Procuratorate and the People's Court should each be responsible for their respective tasks, work together with each other, and act as checks on each other”.It is also against the inquisitorial tradition of the Chinese guilty plea system and the “discretionary leniency” nature for the circumstance of the accused's confession and acceptance of punishment, and does not conform to the universal experience of collaborative criminal justice in the two legal systems.The legislature should abolish the “should generally adopt” clause when amending the Criminal Procedure Law for the fourth time, and unify provisions on the adoption standards of sentencing recommendations for non-guilty plea cases as well as guilty plea cases.

Article 89 of the new “Company Law” has been amended to add a new Section 3, establishing a right to request share repurchasing with the purpose of regulating the oppression by controlling shareholders.This new legal provision still has deficiencies in terms of explaining its regulatory foundations, the factual constituent elements, and legal effect.Therefore, it is necessary to clarify its normative structure.Given that any company is free to dispose of its proprietary assets depending on its own willingness, the company is entitled to repurchase other shareholders' shares.However, the ultimate purpose of the right to request repurchasing is to restore the original state for the shareholder's damage.This should be comprehensively explained through a combination of Article 21 (2) and Article 89 (3), with Article 21 (2) holding a superior position unless the company itself has apparent fault contributing to the damaging result.The essence of abuse of control pertains to the improper exercise of control within corporate governance, with an overall assessment of factors such as the mechanisms of control, management of corporate affairs, imbalance of rights, and the presence of fault.In the broader conceptual framework, it is essential to consider the erosion of minority shareholders' reasonable expectations.The severity of the infringing conduct should be evaluated by considering the manifestations of rights abuse and the substantive outcomes it produces.The legal relationship surrounding share repurchase constitutes a statutory debt obligation, where the right to claim is inherently non-transferable, and the debtor is precluded from invoking defenses such as impossibility of performance.In instances where the company assumes debt without fault, it remains obligated to provide a detailed explanation.Remedies and valuation should be reviewed, taking into consideration the valuation date and the share repurchase price, which, apart from being based on the company's net assets as a valuation benchmark or considering the company's quasi-partnership nature, must also integrate various factors to determine the discount standards.Through doctrinal explanation, a systematic and applicable regime should be established for the share repurchasing right of claim.

The systematic process of civil law during the Beiyang period is mainly reflected in the compilation of Civil Code based on the Draft Civil Code of the Qing Dynasty.During the Beiyang period, although the Supreme Court established the order of application of civil laws in practice with its judicial power, the lack of a systematic civil law still led to problems in judicial practice, such as unclear scope of legal sources, excessive subjectivity of judges, and a lack of unified guidance on the superior value of civil law.For this reason, the northern and southern regimes during the Beiyang period carried out several civil law systematization projects based on the systematic structure of the Draft Civil Code of the Qing Dynasty. These methods included the provisional application of the Draft Civil Code of the Qing Dynasty, making it effective through legislative procedures, and using the format of this draft to compile civil precedents by judicial organs.The plan of the compilation of the Draft Civil Code of the Republic of China and the Civil Code of the Republic of China also emerged during the legislative process of the Draft Civil Code of the Qing Dynasty.Both legal documents played an important role in the final completion of the Republic of China's civil law system.The compilation of the Civil Code to achieve the systematization of civil law reflects Code Centrism, which still has an impact on the construction of the contemporary Chinese civil law system.

Accepting bribes through proxy holding is an important manifestation of new and implicit corruption.There is no consensus in the theoretical community regarding the criminal nature of proxy bribery, especially the determination of attempted bribery, and there are inconsistent determinations in practice.The criminal law response to proxy bribery requires the interpretation of the criminal law rather than new legislations.On the one hand, the standard for attempted bribery through proxy cannot be separated from the provisions of the current criminal law, and it is necessary to adhere to the traditional theory of actual control over the bribe property.On the other hand, it is also necessary to change the mindset that equates actual control with absolute and complete control.In response to the special nature of proxy bribery, we need to grasp the essence of power money transactions through the phenomenon of proxy, and provide a new interpretation of actual control.Actual control does not need to reach the level of absolute and complete control over the property.As long as the bribe taker has relative control over the bribe property at the time of the incident, it should be deemed as completed bribery.In the case of relative control, due to the fact that the briber and the bribe taker often jointly control and dispose of property, if the briber unilaterally overturns the proxy agreement before the incident, it is considered an attempt for the bribe taker due to reasons beyond their will.In the case of losing relative control, it should be considered as an attempt.The concept of relative control appropriately moves forward the time point of the completion of proxy holding bribery, which can meet the current need for strict punishment of new and hidden corruption.

The first and most important step in interpreting a contract is to search for and determine the meaning of the words and phrases in the contract.The meaning of contract words and phrases should be determined based on the rational person's understanding of the words and phrases in the context of the contract.The meaning assigned to a certain phrase by laws, regulations, rules, and judicial interpretations is mostly the usual meaning of the words and phrases.The usual meaning of disputed contract terms should not be limited to words, and it may be influenced by the complexity of the contractual relationship in which the terms are used.If there are other common understandings between the parties regarding the contract terms that differ from the usual meanings of words and phrases, as long as there is no statutory invalidity reason for such assigned meanings nor do they constitute a legal error, such other common understandings should be consistently determined as the meaning of the disputed contract words and phrases.When the understanding of a contract term between the parties differs from the definition of the term in laws, regulations, rules, or judicial interpretations, as long as the definition of the term in laws, regulations, rules, or judicial interpretations is not mandatory, the agreement of all parties should be respected.In some cases, if the parties to a contract assign a word or phrase with a meaning different from its usual meaning, it is not recognized by law in certain aspects and does not have legal effect.And in other aspects, legal effect can be granted according to its intention.

After the “Interpretation on Tax-related Criminal Offenses” stipulated that “falsely offsetting input tax” is a “deceptive or concealing means” of tax evasion, the Supreme People's Court and the Supreme People's Procuratorate have had significant differences in judicial application, respectively proposing application standards based on subjective and objective approaches.This divergence stems from different understandings of the relationship between the crime of falsely issuing special VAT invoices and the crime of tax evasion.Tax evasion is an omission crime of evading the obligation to pay taxes, while the crime of falsely issuing special VAT invoices, as a special fraud crime, includes the substantive preparatory offense of “deceiving” to offset national tax and the substantive offense.However, tax evasion committed by deceptive means also has a fraudulent nature, and thus, it is impossible to precisely demarcate the boundaries between the two crimes.Based on the fundamental principles of tax crimes, the true dividing line lies in the fundamental differences in the nature of obtaining special VAT invoices and the substantive loss of national tax.Cases of “falsely offsetting input tax”,“falsely offsetting” and “deceiving to offset” have different act unlawfulness and result unlawfulness, and should respectively constitute the crime of tax evasion and the crime of falsely issuing special VAT invoices.Regarding the issue of proportionality between crime and punishment for the two crimes, it can be effectively addressed by distinguishing the statutory penalty ranges of the basic offense and the aggravated offense of the crime of falsely issuing special VAT invoices.

The restriction and protection of secured creditors' rights is a major theoretical and practical issue in bankruptcy law, and the construction of rules for the court's mandatory approval of reorganization plan and the correct use of the approval power are the key to solving this problem.Article 87, paragraph 2, subparagraph 1 of China's Enterprise Bankruptcy Law establishes the rule of “liquidation in rem” for the valorization of secured property in bankruptcy reorganization procedures, i.e., replacing de facto property liquidation with the proposed judicial valuation to determine the value of the interests in the secured property, and ultimately forcibly divesting the security rights in the secured property.However, the “fair compensation” norm of our law for the delayed settlement of the interest compensation impairs the certainty of property rights. Therefore, in the case of retention of debt settlement, the interest compensation should amended to the reorganization plan during the implementation of the reorganization plan for the reorganization plan to take effect at the time of the discounted compensation of the property's present value, aiming to preserve the present value of the secured property.“Substantive protection” is a unique institutional structure of ex ante prevention and ex post compensation, with both insolvency and non-insolvency law remedies working together, and is the justifiable basis for reorganization proceedings to limit the exercise of security rights and the institutional guarantee that the value of the encumbered property is maintained and the effectiveness of priority payments is safeguarded.

It has been ten years since the Fourth Plenary Session of the 18^th CPC Central Committee incorporated intraparty rules and regulations into the socialist legal system with Chinese characteristics.Driven by policies, intraparty rules and regulations have become one of the key concerns of academic circles.Scholars in law, political science, and party building of the CPC have carried out many studies on intraparty rules and regulations.Academic circles, especially the legal circles, have conducted research on key issues such as the nature of intra-party regulations, the connection and coordination of party rules and laws, the effectiveness of intraparty rules and regulations, the systematization of intraparty rules and regulations and the implementation of systems, and have formed academic results that reflect the characteristics of intra-party regulations.With the in-depth advancement of comprehensive and strict governance of the party and in accordance with rules, we should pay attention to the orderly interaction between academic research and the practice of intraparty rules and regulations.At the same time, we should conduct in-depth research on how to further promote the construction of the intraparty rules and regulations system and pay attention to the study of local intraparty rules and regulations, clarify how intraparty rules and regulations and national laws can achieve a higher level of connection and coordination.At the same time, we should optimize the research methods of intra-party regulations and clarify the reference significance of intra-party regulations to the governance of political parties in the world.

In the digital age, new forms of infringement such as internet infringement, personal information infringement and artificial intelligence infringement have emerged, which challenge the traditional tort law's determination of damage, fault judgment, causality analysis and relief measures.The root cause of these challenges lies in the fact that traditional tort law is rooted in a society with traditional concepts and takes intentional infringement without spillover as a typical scene, while the new infringement in the digital era shows characters such as large-scale micro-infringement, large-scale convergent infringement and governance infringement, which has both private law elements and public law elements.In the digital age, tort law should focus on shifting from subjective fault and causality judgment to responsibility distribution, from damage compensation to reasonable deterrence and prevention.From individual relief to group welfare protection, on this basis, the specific tort law institution of network platform, personal information and artificial intelligence infringement is constructed.The governance function of tort law may face external and internal criticism, but the relevant criticism can be refuted.The tort liability of China's Civil Code includes both traditional and modern tort law, so we should pay attention to its dual structure and strengthen the understanding and application of the governance function of modern tort law.

The current research on digital law lags behind the development of digital technology, and the main reason is that the research paradigm is relatively obsolete and not updated in time.Existing digital research followes the traditional legal paradigm, namely reductionism, “binary of subject and object”, linear thinking and other basic ideas and methods, which in consequence leads to the problem of cognitive problems about the integrity of the digital system, the uniqueness of information operation law and information, and the transcendent status of information in the “binary of subject and object” and etc.Tanking into consideration of the fact that both the digital system and offline social life system fall into “complex system” of the modern and contemporary complexity science, the complexity theory has important significance for the study of digital law, among which the theory and new paradigm about “self-organization”, “self-adaption” and “emergence” phenomenon, suit the development and evolution of the current digital system and offline social system, it therefore can be a starting point to explore the possibility of establishing future digital law research paradigm.To establish digital law research paradigm, it should first be clear about the systemic environmental characteristics upon which the digital law depends, namely the digital environment with technical, public sharing, public, service and security system characteristics, and then it can put forward preliminary idea about the future research paradigm of digital law, namely the combination of reductionism and integrity, the combination of technology and law, the combination of positivism and rationalism and the combination of “man” and “machine”.

The construction of China's autonomous knowledge system of philosophy and social science is not merely a political suggestion, but also an academic subject that Chinese philosophy and social sciences per se cannot ultimately bypass.All disciplines in the humanities and social sciences, which inevitably encounter value judgments, are no exception in this regard, including Chinese constitutional law.Constructing the independent knowledge system of a discipline also aligns with the legal dogmatic spirit.This is the destiny and mission of Chinese constitutional law.However, due to its involvement in value judgments, Chinese constitutional law, by ‘returning to the motherland’, will be in a context that is likely to be influenced by ideology. Meanwhile, although constitutional law research cannot generate ‘knowledge’ as natural science does, it still possesses the possibility of making contributions to knowledge by providing interpretations and conclusions that offer certainty and rationality.Till today, numerous constitutional scholars have endeavored to explore the construction of China's autonomous constitutional law knowledge system.The continuously revised work Lectures on Constitutional Law has informed four aspects: methodology, system, content, and terminology, which in fact reflects the author's fundamental propositions regarding how to construct China's autonomous constitutional law knowledge system.

The key of “investigation of offering and accepting bribes together” lies in “investigation together” rather than absolute “symmetrical punishment”.The symmetrical or asymmetric punishment of the crime of offering bribes and the crime of aueptance of bribes should not be a general concept, but should be classified according to the structural elements such as constitutive elements, penalty setting, sentencing circumstances and investigation procedures, and should be based on basic principles.The symmetry should be maintained in the constitutive elements, which is determined by the fact that the crime of offering bribes and the crime of accepting bribes are opposite crimes, and their essence is power-money exchange.In terms of penalty setting, the responsibility penalty and prevention penalty of the crime of accepting bribes are higher than that of the crime of offering bribes, so the punishment allocation should be asymmetrical.In terms of sentencing circumstances, because of the prisoner's dilemma theory, the special confession system of the crime of offering bribes should be retained and not overly restricted, while the special leniency system of the crime of accepting bribes should be abolished to maintain asymmetry.Seven serious circumstances of the crime of offering bribes should be deleted.In terms of investigation procedures, a combined investigation system should be established, and the briber exempted from punishment should go through judicial review procedures to ensure the symmetry of “investigation” and the asymmetry of “treatment”.

The concept of declaration of intent can only apply to natural persons.The term “declaration of intent by legal persons” only has descriptive significance and does not constitute a legal dogmatic concept; therefore, it cannot be split into internal intent and external declaration of the legal person.Legal persons can only undertake legal transactions through representation or agency mechanism.The nature of legal representation should be understood as statutory organ agency.The flaw in China's legal representation system lies in its separation of representative and executive organs, dividing representative and executive power.Although the theory of unity of organs and authorities cannot change the current legal status of organ separation, it still helps define the scope of legal representative power in legal dogmatics, thus facilitating the understanding of legal representative power restrictions.The “duty agency” system, first introduced in the General Provisions of Civil Law and later inherited by the Civil Code, is not a successful legislative design and should be replaced by potential typological rules in the future.

In the knowledge genealogy of jurisprudence, the image of “Emotion” seems to be chaotic, weak and negative.But this image is not always so.A broad sense of “Jurisprudence” on the emotional interpretation is lengthy and multi-dimensional.In the pre-disciplinary period, early legislators and philosophers supported the emotional interpretation tradition of jurisprudence in terms of ideas and experiences.In order to construct autonomous knowledge system, modern jurisprudence emphasizes the normative evaluation of emotion by legal reason and the assimilation of rational emotional knowledge to legal doctrine in the period of discipline.In the post-disciplinary period, outside of the established schema of rational cognition, jurisprudence tries to seek the subject energy and response approach of emotional interpretation in a broader field of knowledge.As for the system structure and function development of jurisprudence, the emotional interpretation not only has rich normative and practical cognitive value, but also has implicit and essential meaning of knowledge theory.Only by dispelling the antagonism between reason and emotion and taking a new view of the whole equilibrium of knowledge as a guide, can jurisprudence be expected to conform to the elegant aesthetic, from the rigid discipline of command to the discipline of human nature, which commends the beauty of the soul.

Financing circular sale is a common trading mode in practice, which is nominally a contract of sale, but essentially a contract of loan.When hearing such cases, the court should adopt a look-through reviewing method, namely, including all parties involved in the litigation process and comprehensively reviewing the entire trading chain.When the transaction involved constitutes a financing circular sale, each contract of sale should be deemed invalid as a false manifestation of intent.The hidden juristic acts under contracts of sale include both the contract of mandate between the intermediary and the borrower, as well as the “half” contract of loan between the intermediary and the lender, and between the borrower and the lender.With Article 925 of the Civil Code of People's Republic of China and the overall interpretation method of transactions, it can be determined that there exists a contract of loan between the lender and the borrower.The intermediary is not a party to the contract of loan and has no obligation to repay the principal and interest of the loan.The intermediary also shall not be liable for compensation in accordance with the law for losses caused by the borrower's inability to repay the loan to the lender.

Article 157 of China's Civil Code regulates not only the restitution rule, but also the indemnification rule, compensation rule, comparative negligence rule, etc, when a legal transaction is invalid or revoked.Article 24 and 25 of Judicial Interpretation of General Rules of Contracts of China's Civil Code make a more elaborate explanation of article 157 of China's Civil Code.Firstly, the restitution rules should be separated outrightly from compensation rules, and rules concerning restitution of contract can be stipulated into one rule since its independent existence has justifications.Secondly, restitution of property acquired by the invalid or revoked legal act can be differentiated into three claims, including restitution of the enrichment, restitution of subrogation properties and restitution of uses.The object of restitution is the specific object received by the debtor of enrichment through payment or other means; in the restitution of subrogation properties, in principle, the value of subrogation properties is not taken into account; the consideration obtained by the debtor of enrichment by selling the object of enrichment is not subrogation property, and is not required to be returned.In principle, the debtor of enrichment has the obligation to return only the uses actually received.Lastly, in case of impossibility or unnecessity of restitution, debtor should make indemnification.The criterion for the valuation of indemnification is mainly the objective value of uses received by debtor of enrichment.When the restitution's impossibility is due to the nature of performance, the time of enrichment and the arising of the earliest claim of indemnification is the time for the valuing of indemnification.As to a subsequent impossibility restitution, the time of valuation is the time of impossibility or the arising of indemnification due to the impossibility.Other reasonable valuating methods are also allowed according to the second half sentence of paragraph 1 of article 24 of Judicial Interpretation of General Rules of Contracts of China's Civil Code.

In the construction of data property rights, the independent status of the object of data property rights has not yet been fully proved.The object of data property right is the data property under identifiable control, existing in digital form and aggregated form, and realizing its basic value by producing useful information.The formal elements of the data are decisive, and symbolic control is the core basis for delimiting the boundaries of the object, the establishment and the scope of exclusive protection of the data property right.The difference between data property and physical object is mainly “intangible or tangible”,“non-competitive or competitive”.The difference between data property and intellectual property is mainly “form-prescriptive or form-unqualified”,“content-unqualified or content-prescriptive”, and “form element is decisive or content element is decisive”.Based on the difference between data and physical objects, data property rights should not be copied from the property rights system in terms of holding issues, effectiveness of data property rights and data attachment.Based on the difference between data and intellectual property, data property rights should be centered on symbolic control in the identification of objects and the design of rights content, and should not be copied from the content control model of intellectual property rights.

The application of digital technology has overwhelmingly impacted investigative methods for duty-related crime, mainly presented as from passive response to active verification for the discovery of the crime leads, from bureaucratic structure to horizontal structure for jurisdictional structure, from witness-oriented to algorithm-oriented for obtain-evidence path, and from space oppression to data oppression for obtain-evidence method.Digital transformation might trigger the potential imbalance in the power-rights structure for judicial proceedings of duty-related crime, manifested as the deviation and weakening of the focus on the right guarantee, implicit expansion and weakness of control over supervisory and investigative powers.When addressing the above-mentioned issues, from the perspective of guiding ideology, it is required that the control philosophy of digital power shall be integrated into principles for legal procedure, and the concept of the reasonable expectation of privacy incorporated into principles of right guarantee, the concept of balanced procedural efficiency embedded into the principle of investigative efficiency.From the perspective of coping strategy, it shall be oriented towards diversified right guarantee and standardized digital investigation, focus on the protection of human rights which shall be switched into the protection of privacy security, explore the privacy and personal information protection system centered on the right of data information, establish a grievance redress mechanism, coordinate the establishment of data platform, optimize the jurisdictional connection, strengthen the process control for the exercise of power and create a mechanism for interpreting and supervising the legitimacy of algorithms.

Work injury cases are a major type of administrative litigation in China.In practice, such cases have been characterized by extensive “procedural idling” and difficulties in resolving the disputes, which have impeded the functioning of the work-injury insurance system.Existing substantive dispute resolution methods focus on improving judicial remedies but overlook the systemic causes of the disputes, failing to address the root of the problem.A comparison of different work injury risk protection models reveals that China's current work injury insurance system has blurred public-private boundaries, fragmented procedures, and lacks effective protection of the right to payment.Improving the work injury insurance system and replacing the existing system's cumbersome procedures of labor relationship confirmation, work injury determination, work injury insurance treatment determination, and treatment payment with a single work injury insurance benefit decision will resolve the intertwined civil and administrative disputes at their source, reduce the number of disputes, and activate the potential of administrative litigation to resolve disputes, protect rights, and promote welfare administration.This exploration of dispute resolution pathways also demonstrates a new approach to substantively resolving administrative disputes.Administrative disputes are the product of specific systems, and focusing on the impact of substantive legal system design on administrative dispute resolution is the essence of the rule-of-law-based “governance of the source of litigation”.

The modernization of security in personal property is characterized by extensive properties, uniform and simple mode of establishing security rights, and various types of security.Otherwaise, under our security in personal property, it's doubtful whether a new type of intangible property can be encumbered a security right; It doesn't explicitly affirm the real right effect of intangible property charge and security in future property, nor does it recognize that security rights extend to derivative property, and therefore there is no real security in collective property.The mode of creating security right is mixed, including delivery effective, registration antagonistic and registration effective.The establishment system of security in personal property in our country could be optimized as follows: first, it assumes the right of disposition in the security in personal property, so that security in personal property has the effect of real right when the disposition occurs, and by means of legal fiction, the security which acquires effect by the delivery of secured property can be established in the future property.Second, it shall be clarified that rights not prohibited to be transferred by laws or administrative regulations, can be pledged, and rights not prohibited from charging may be charged.The main mode of establishment of security in personal property is regarded as registration antagonism and registration effective.It is necessary to expand the charge in movable property to include charge in intangible property, and the unified registration platform of security in personal property is recognized as a statutory underwritten registration institution.

The provisions of Article 114, Paragraph 1, Item 3 of the Civil Procedure Law and Article 399, Paragraph 5 of the Civil Code, among others, prohibit the disposal of seized property by means of transfer, mortgage, and other methods, which is known as the prohibition on disposal of seized property.To clarify the civil consequences of disposing of seized property, it is necessary to precisely define the prohibition on disposal of seized property under the guidance of legal order consistency.This provision is not a contractual prohibition, and a contract with seized property as its object is not invalid.This provision is not a public interest-based prohibition, and it will not lead to the impossibility of contract performance.This provision is not a disposal authority restriction, and the person being seized does not have no authority to dispose of the seized property.This provision is a private interest-based prohibition, and unless the counterparty is in good faith, the result of disposing of seized property shall not be asserted against the applicant for seizure, within the limits of damaging the applicant's interests.

The identification of claim-based norms is of great significance for the analysis of cases and the writing of documents, the proof of facts in cases and the distribution of the burden of proof, the development of civil law doctrine and the improvement of legislation.Its significance is not limited to a particular method of case analysis or genre of case analysis report writing.In civil adjudication, a distinction should be made between claim-based norms and non-claim-based norms, as well as between semi-claim-based norms and special claim-based norms.There are some typical expressions of claim-based norms in the Civil Code, but it is incorrect to judge whether a provision is a claim-based norm only by whether it adopts a typical syntax, which can only be used as an important clue for searching and a preliminary basis for argumentation.What can be judged by the syntax is mainly ‘claim according to law’ or ‘assume according to law’ or ‘according to law’, etc., and the provisions adopting such syntax are not claim-based norms.In addition to the syntax of the provisions, in the identification of claim-based norms, it is necessary to pay attention to the connection between the provisions, and it is necessary to explore the value judgement conclusion of the legislatwre in the process of the legislative history, and it is incorrect to take the purpose of the norms as the core reason for judgement regardless of the legislative history.

Adherence to a correct view of human rights is a basic prerequisite for the modernization of judicial protection of human rights.The view of human rights protection in criminal justice in China, through developments in the field of human rights protection in criminal justice since the new era, is not only an important part of the correct view of human rights, but also an important theoretical support for the construction and improvement of China's human rights protection system in criminal justice, which should be consistently upheld and developed.China's view of human rights protection in criminal justice has given birth to a set of practical logics for modernizing human rights protection in criminal justice with very local characteristics: leading synergistic governance through leadership of the Communist Party of China, laying down the direction of development through criminal policy, constructing a specific system through legislative reform, and realizing the functioning of the system through a balance of values.On this basis, the modernization of human rights protection in criminal justice in China has made historic achievements that show Chinese style and manner, and manifest the Chinese model.However, with the profound transformation of social contradictions, the rapid development of the rule of law in relation to foreign countries, the unique needs of misdemeanour governance, and the wide application of digital technology in criminal justice, the modernization of China's criminal justice human rights protection is still faced with a series of new risks and challenges, and it remains an unfinished reform project.In the process of striving to promote Chinese path to modernization, in order to fully realize the modernization of human rights protection in China's criminal justice, a systematic response programmatic should be put forward from the dimensions of firming ideological orientation, strengthening theoretical supply, perfecting institutional construction and optimizing practical operation.

The employee director system is a crucial component of corporate governance mechanisms in China, but in practice, it is often “hollowed out” and fails to perform its intended role.The key reason lies in the absence of a fiduciary duty framework that aligns with the dual identity of employee directors.Traditional corporate law mandates that directors' fiduciary duties are solely oriented toward corporate interests, requiring employee directors to adhere to the same fiduciary duties as ordinary directors.When employee interests conflict with corporate interests, they are expected to prioritize corporate interests.This effectively renders employee directors nominally “employees” but substantively only “directors.” The fiduciary duties of employee directors have a dual structure: they should fulfill duties of loyalty and diligence not only to the company but also to the employees.As “employee representatives” among board members, employee directors possess the legal effect of representing employee interests under the Company Law.When safeguarding employee interests, they should not only exercise “soft powers” such as voicing opinions and making suggestions but also exercise “hard powers” by voting to represent employee interests.To achieve coordinated realization of the dual structure of fiduciary duties of employee directors, reasonable rules for the exercise of their voting rights should be established, distinguishing between situations where they vote according to instructions from the employee representative assembly and where they vote autonomously.Additionally, a “Duty Judgment Rule for Employee Directors” should be constructed as a method for assessing their diligence and responsibility.