Article 1165 (1) of the Civil Code is a general provision on fault liability in tort law, which aims to compensate victim, prevent injury, and safeguard freedom of conduct.In terms of system correlation, many provisions in the Civil Code belong to the special law of this paragraph.When the actors are responsible, it must be based on the illegality of their behavior.If illegality is not treated as an independent element, the constituent elements indicated in Article 1165 (1) can be divided into three: compensable damage, fault behavior, and causation.Illegality can be used to clarify either the compensability of damage or the fault of the act.Among the constituent elements, the topics with compensable damages involve the distinction between breach of contract liability and tort liability, as well as the compensability of pure economic losses.Fault behavior is not distinguished as intentional or negligent in Paragraph 1 of Article 1165, and can be judged uniformly according to the standard of a reasonable person.The causation can be divided into factual causation and legal causation.Both fault and legal causation involve foreseeability, with the foreseeability in the former targeting “some kind of” unreasonable damages, while the foreseeability in the latter targeting “this kind of” damages in specific cases.In order to clarify the legal principles in Article 1165 (1), it is necessary to examine some important case types, such as accounts receivable confirmation, participation level in medical injury, and no.24 of guiding cases, etc.

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 5 of the new Judicial Interpretation of Contracts only partially specifies the pre-contractual liability of third parties, awaiting further consensus in theory and practice.Current judicial practices regarding finance, accounting, and securities mainly rely on two approaches: professional tort and analogy to the agent's joint liability rule.However, these approaches require legal and theoretical integration to avoid contradictory judgments and prevent excessive liability expansion.In comparison to formal disputes, the substantive grounds and elements for liability are more crucial in the integration process.Direct contact is sufficient to establish a third party's duty of care when providing information or advice unless personal reliance is reasonably excluded.In the context of the transmitting relationship, the third party's liability is bound by the scope and limitations of the foundational commission contract and should comply with requirements such as foreseeability and reasonableness of reliance.The scope of the third party's liability should adhere to the general principles of damages, and negligence liability should be confined within the duty of care.Third-party negligence constitutes an independently evaluated type of liability, rather than being supplementary or joint based on the liability of the contracting parties.

Generative artificial intelligence represented by ChatGPT does not have the qualification of the persons of the civil law, the service provider should bear the tort liability if the generative artificial intelligence causes damage to others.The service provider with the dual identity of content producer and platform manager has the duty of maintaining safety, such as auditing.If the service provider violates the duty of maintaining safety, the corresponding supplementary liability with the attribute of indirect tort liability should be borne in principle and the service provider can claim right of indemnification.However, the service provider should bear joint responsibility and even punitive damages under the circumstance of “knows or should have known”.If infringing contents derive from illegal resources, are generated illegally or inputting information illegally, and are generated illegally with the service user propagating them to cause damages to the third party, the service provider will be prohibited from claiming indemnification due to the violation of the dual auditing obligation.Meanwhile, the liability exemption rules for the application of the “safe harbor rules” should be established in a typological manner, the determining mechanism of grounds for elimination of illegality for the selective application of the rule of fair use of copyright should be shaped and the liability exemption system for the limited application of the rule of fair use of personal information should be constructed in order to systematically establish the limitation rules of the liability for indirect infringement of the service provider.

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 399 of the Civil Code is about property that is prohibited from being mortgaged.The first three items of this article belong to the mandatory provisions in the first paragraph of Article 153 of the Civil Code.The legal effect of violation is that the mortgage contract is invalid and the mortgage right is not established.Item 3 of this Article shall be interpreted in a limited way to allow non-profit legal persons for public welfare purposes to use newly purchased public welfare facilities as mortgageable property.The fourth item of this article is a warning provision on the right to dispose of the mortgaging property.In case of violation of this item, the rule of no right to dispose shall apply.In the interpretation of item 5 of this article, the relative prohibition of disposal shall be adopted.The mortgage contract in violation of this item is valid, and the registration organ shall register the mortgage, and the corresponding disposal act is relatively invalid, that is, it is invalid only for the person applying for execution.The exercise of the mortgage shall be premised on the sealing up, distraining or lifting of regulatory measures.When the measures of sealing up, distraining or supervision are not publicized, they shall not confront the mortgagee in good faith.In this case, the mortgagee may confront the applicant for execution.In addition to the preceding three items listed in this article, the property prohibited from mortgaged shall also include other types prescribed by laws and administrative regulations.

The computerization of legal work in the early 1980s marked the beginning of China's legal science and technology research.Over four decades of development, this field has evolved through phases such as “legal knowledge+expert systems” and “legal big data+machine learning.” In China, the domains of legislation, judiciary, prosecution, and legal practice have undergone a transformation from computerization to digitalization and intellectualization.Although legal science and technology has made significant progress, it still can not avoid legal and ethical issues, and its technology and application also have shortcomings.Therefore, the value of legal science and technology should be repositioned as supportive.In the digital era, legal science and technology is facing new challenges.China urgently needs to build an independent legal science and technology system.This requires collaborative efforts across various domains, including build a legal science and technology community, a new management system, an independent knowledge system, a mechanism for knowledge and data sharing, and a legal and ethical governance system.

Article 20 of the judicial Interpretation [2023] No.13 takes the “limitation of representation” as the basis of interpretation, and provides a typology of rules for adjudicating acts of ultra vires representation.The objective criterion of the obligation of reasonable examination by the counterparty has been introduced for acts exceeding the statutory limitations on the right of representation.The content of reasonable examination by the counterparty includes both a lawful review of the formal elements of the authorisation and a logical review of the appropriateness of the content of the authorisation.If the counterparty fails to fulfill the obligation of reasonable examination, the legal effect of the contract of ultra vires representation is not attributed to the legal person.However, the contract is not ipso facto null and void, but its validity is pending.The contract becomes effective only after the legal person recognizes it.If not, the legal effects of the contract are not attributable to the legal person.The legal person escapes from being a party to the contract and is not liable under the contract.If the legal person is indeed at fault for the infringement, Article 157 of the Civil Law shall not be applied, but rather article 1165 of the Civil Law.In principle, the provisions of Article 61 (3) of the Civil Law shall be applied to acts that exceed the agreed limitations on the right of representation, and the legal effect of the contract shall be attributed to the legal person, unless the legal person can prove that the counterparty did not enter into the contract of ultra vires representation in good faith.However, whether the legal person is liable for breach of contract is to be determined on the basis of the attribution of effect and judgement of validity, taking into account the circumstances of the breach.If the counterparty is not in good faith, the rules of the Civil Law, Article 171, on unauthorised agency shall be applied by analogy to determine the fault and responsibility of each subject.

From a comparative perspective, the most notable characteristic of China's public interest litigation (PIL) system is the dominant role played by the People's Procuratorate, which significantly overshadows the involvement of non-governmental organizations.This unique aspect has raised doubts and concerns within the international academic sphere, particularly around issues like local protectionism and state-society relations.Addressing these critiques, this study highlights their Western-centric bias and advocates for the essential role of the judiciary in protecting public interests in the Global South, drawing parallels with examples from India and Brazil.Moreover, it examines how China's PIL system has rapidly expanded, leveraging the procuratorates' advantages in finance, manpower, and political connections, despite the underdevelopment of its societal sector.The paper then explores the implications of this ‘China model’ for other developing nations and considers how insights from other PIL systems can contribute to the refinement of China's approach.The article concludes by discussing how to more effectively articulate China's distinctive perspective in the arena of comparative judicial studies on an international stage.

When a debtor is in anticipatory breach, it is controversial in theory and judicial practice whether a creditor can exercise the right to specific performance before performance is due.If the view that the creditor's right to specific performance is accelerated is adopted, it will undermine the correlation between the time of performance and the contract price, and infringe the debtor's interest in the use of the subject matter before the time for performance is due.Differential treatment of the right to specific performance and the right to damages is justified.The right to restitution arising after the termination of a contract does not constitute an acceleration of the right to specific performance.The Supreme People's Court's judicial policy of accelerating of the date of maturity for contracts where one party has already fully performed is inappropriate.The creditor can be sufficiently protected through the institution of action for future performance and preservation, and there is no need to accelerate the right to specific performance.Article 673 of the Civil Code stipulates that “call in the loan prior to its due date”, Article 408 stipulates that “the mortgagee is entitled to request the debtor to pay off the debt before it is due”, Article 634 stipulates that “the seller may request the buyer to pay the total sum” and Article 752 stipulates that “the lessor may request full payment of the rent”.These provisions should be interpreted either as the creditor's right to restitution arising after the termination of the contract or as the creditor's right to bring an action for future performance.

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.

Based on the need to maintain the uniformity of legal application in judicial practice, Article 51 of the Interpretation of the General Principles of Contract stipulates the right of Contribution for debt joiner based on Article 552 of the Civil Code.The analysis of the right of Contribution needs to be based on fully respecting the autonomy of the parties involved and emphasizing the system function of the coexistence of debt, using systematic applications, interest measurement and other methods, accurately understanding the provisions of Article 519 of the Civil Code on joint and several obligations, and clarifying the corresponding basis for the right of claim.In specific applications, it is necessary to follow the constituent elements of corresponding norms and exercise them by the law, while balancing the protection of the debtor's interests and avoiding improper losses.

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.

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 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.

Empirical research based on prosecutorial documents of driving while intoxicated (DWI) cases found that DWI non-prosecution discretion lacked comprehensiveness and neutrality.Prosecutors overlooked necessary factors such as the time of occurrence and the type of driving.Moreover, the weight given to aggravating circumstances generally exceeded that of mitigating circumstances.The normative orientation towards “severe punishment” and the absence of institutional-level non-prosecution discretionary space led to a “leniency-rigidity imbalance” in DWI non-prosecution discretion, impeding its wider application.To rectify this, it is crucial to thoroughly enumerate the discretionary elements of DWI non-prosecution in applicable norms and clarify the concept of comprehensive discretion.Additionally, supported by empirical data, enhancing the practical rationality of applicable standards is vital.Furthermore, defining “minority of the crime” as the substantive element of the discretionary non-prosecution application and establishing a procedure-oriented non-prosecution discretionary supervision and control mechanism are necessary steps.

The revision of the Company Law implements the decisions and deployments of the Party Central Committee, adheres to the combination of national conditions and drawing on international experience, adapts to the needs of economic and social development, and systematically improves the company system on the basis of the basic framework and main systems of the current company law in response to prominent problems in practice.In terms of capital system, it provides more institutional supply for facilitating investment and financing, and also strengthens shareholder investment responsibility to maintain capital enrichment.In terms of corporate governance, it optimizes the allocation of company types and institutional powers, providing more governance models for company to choose, improving the flexibility of corporate governance, and reducing governance costs.It strengthens norms for controlling shareholders, actual controllers, and operators, and safeguards the interests of all parties involved.It strengthens the equal protection of shareholder rights.It is of great significance for improving the modern enterprise system with Chinese characteristics and promoting high-quality economic development.

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 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 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.

Resolution tools are pivotal for bank resolution and financial stability.The existing legislation lacks coherence and specificity, posing challenges in achieving the legal values of efficiency and fairness, let alone alleviating their potential conflicts.Insights from law and economics offer three perspectives, aiding in understanding the economic logic of resolution tools and refining rule design and implementation.“Ex post viewpoint” focuses on the current efficiency of tools, emphasizing efficient post-crisis measures.Resolution tools can be categorized as “incremental,”“transitional,” and “decremental,” each demanding specific rules for constraint or promotion.“Ex ante viewpoint” emphasizes future incentives for fair distribution, requiring legislation to explicitly embed the sequence, baseline, and leverage considerations when deploying resolution tools based on the “source of funds.” The conflicts between the first two viewpoints shall be reconciled to pursue the maximization of welfare.The implementation strategy of resolution tools should be adjusted based on the state of overall financial stability, and legislation needs to clarify the standards and conditions for activating and deactivating relevant resolution tools.

The core of the doctrine of constitutional rights as values is not the constitutional dogmatic question of how to construct an extended dimension of constitutional rights that is different from a defensive dimension, but lies in constitutional theoretical questions.These questions constitute the basis of the dogmatics, and involve three dimensions: the methodology of constitutional interpretation, a basic understanding of rights, and of the constitution.The doctrine advocates a non-positivist methodology of interpretation.It forms the common root of both the defensive and the extended dimensions of constitutional rights.It rejects the classical liberal view of rights and upholds a comprehensive, middle way view of rights.What it considers as the value content of constitutional rights is the comprehensive and real freedom, which balances also between the individual and the collective.It regards the constitution as the fundamental law of the community with the dimensions of the state constitution and the social constitution, in order to respond to the complexity of modern society and diverse needs for guaranteeing freedom and equality.It regards constitutional norms as the supreme principles of the entire legal order, and also of the interpretation and application of ordinary law.The comprehensiveness of the radiation of values must not be misunderstood as omnipotence.A constitution with an order of values can still be a framework that leaves ample room for the legislature, the executive, and the judiciary.

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 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.

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 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.

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 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.

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.

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”.

Whether the transfer of land use right by way of equity transfer constitutes the crime of illegal transfer of land use right, there is a dispute between the theory of guilt and innocence.The innocence theory advocates that the transfer of equity and the transfer of land use right should be strictly differentiated, and that the application of criminal law cannot intrude into the demarcation of civil and commercial affairs, as well as the viewpoints that the transfer of equity belongs to the civil lawful behavior, etc., respectively, there exists a misinterpretation on the appearance of civil rights and civil lawfulness concept, and neither the appearance of civil affairs nor the lawfulness/effectiveness of civil affairs can be the reason for the blocking of crime.Whether the transfer of equity constitutes a crime should be judged around whether the behavior causes the harmful results of the crime of illegal transfer of land use rights.If the perpetrator obtains the land use right through auction, and the transfer of land use right by way of equity transfer does not affect the payment of land premium and the development and utilization of the land parcel, then it will not be dealt with as a crime; if the perpetrator obtains the land use right by way of allocation or unlawful means, and if the government supplies the land to realize a specific purpose, and if the transfer of land use right by way of equity transfer results in a serious disruption of the order of the land market, then it constitutes an illegal transfer of land use right and a crime.If the result is to seriously jeopardize the land market order, the transfer of land use rights by way of equity transfer constitutes the crime of illegal transfer of land use rights.

Although Personal Information Protection Law has made “protection and utilization of personal information” a dualistic legislative goal, the balance remains difficult in practice.The “balancing method”, which collects and weighs different interests and values, and makes decisions after comparing the positive and negative points of view, has become the best tool to face the challenge.Based on overseas experience and Chinese practice, a “two-stage, four-tier” balancing system has taken shape, following the logic of balancing argument and the principle of functional differentiation of state organs.In the first-order stage, the law helps individuals and personal information processors to carry out self-trade-offs based on the “market mechanism”; in the second-order stage, the legislature first forms an objective value order based on the “proportionality mechanism”, and then the administrative organs adopt the “contextual mechanism” and the “risk mechanism” to establish the balancing rules for the classification of personal information, and finally, the judiciary will make case-by-case adjustments based on the “good faith mechanism”.The balancing system for the protection and use of personal information transforms the uncertainty of the balancing method into a rationalized decision-making process that can be demonstrated, and ultimately realizes the appropriateness and predictability of the balancing.

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.

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.

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.

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.

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.

The establishment of a separate administrative criminal law is impotent to avoid the disorderly expansion of administrative crime.Instead of clarifying the scope of punishment for administrative crime in a separate criminal law or non-criminal legal norms, it is better to make a restricted interpretation for the performing act and crime object involved in blank provisions of China's criminal law, which can relieve the urgent need because of the unclear basis of punishment about administrative crime.Clarifying the content of blank provisions through constitution or constitutional interpretation has limited effectiveness in defining the boundaries of punishment, while limiting criminal illegality through the legal hierarchy of preceding norms lacks rationality and conflicts with the criminal legislation and judicial operation's logic of China.The filling of blank provisions should pay attention to the criminal-law's attribute as judging norms, clarify the core and radius of punishment from natural crime that has clearer legal interests, and verify the possibility and intensity of infringement on life or health legal interests and property legal interests caused by behavior.It is necessary to maintain the unified legislative model of natural crime and administrative crime co-existing in one code for the “re-codification” of China's criminal law in future, delete redundant blank provisions, and try to avoid the design of “behavioral offenses” and “order penalties”.Advocating independent and substantive judgments on criminal illegality can urge judicial personnel to interpret the reason based on individual case's facts in legal documents.Judicial organ should also strengthen the disclosure of “innocent” guiding cases and view the practical value of differentiated judgments rationally.

Although Article 239 of the Criminal Law stipulates three situations that constitute the crime of kidnapping, there is only one type of behavior of “kidnapping others as hostages”, so there is a unified construction of kidnapping behavior.Starting from the legislative evolution, normative basis and legal meaning, the establishment of the crime of kidnapping requires the existence of a tripartite relationship between the perpetrator, the hostage and the third party.After the perpetrator controls the victim, the act of extorting property from the victim constitutes the crime of robbery, not the crime of kidnapping.The legislator embodies the tripartite relationship of the crime of kidnapping through the purpose of kidnapping, which determines that the kidnapping behavior can only be a single act.The harmfulness of kidnapping behavior (single act) is more significant than that of robbery behavior (compound act), so the claim that kidnapping behavior should be a compound act cannot be established from the statutory punishment of the crime of kidnapping.

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.