The Governance of Charities in China

2021 ◽  
pp. 1-17
Author(s):  
Hui Jing
Keyword(s):  
Legal Regulation ◽  
Private Law ◽  
New Era ◽  
Governance Framework ◽  
The Public ◽  
Hybrid Nature ◽  
Policy Dynamics ◽  
The Government ◽  
The Way

Abstract The passage of the Charity Law signals the beginning of a new era in the legal regulation of charities in China. Its provisions reflect the increasing autonomy of charitable actors in exercising their management rights and the reduced control of the government over the use of charity resources. The shift of the state's attitude towards its relationship with the charitable sector brings new insights into the governance of charities in China. This article highlights the public-private law hybrid nature of the new legislative arrangement for charities and outlines the policy dynamics underlying its operation and development. It argues that the hybrid nature of the Charity Law was intentionally created by legislators, and the design of the governance framework for charities should therefore be responsive to this new legislative arrangement. Following on this reasoning, the article explores the implications that analysis of the hybrid nature of the Charity Law has for the governance of charities in China. It identifies the parties relevant to charity governance, the way in which they interact, and the governance principles that can be applied to charities.

scholarly journals A Survey and Analysis on the Sense of Nuclear Safety & Security for the Public: A Chinese Perspective

2018 ◽  
Vol 10 (7) ◽  
pp. 2495 ◽  
Author(s):  
Ye Yan ◽  
Fanghua Lu
Keyword(s):  
Nuclear Safety ◽  
Assessment System ◽  
Intermediate Level ◽  
Three Dimension ◽  
The Public ◽  
Related Information ◽  
Sense Of Security ◽  
The Government ◽  
Security Affairs ◽  
The Way

With the new round of global nuclear issues, the populace’s emotion has been tensed and discomposure has been trigged off. To accurately understand the sense of nuclear safety & security for the Chinese public and ensure that the government makes reasonable decisions regarding nuclear issues, a special questionnaire and evaluation has been carried out. With the use of the principles for sociology of security, the methods of questionnaires and SPSS, a three-dimension assessment system, which consists of knowledge and experience, internal, and external trust, and the way of perception, was constructed. This research shows that the state of Chinese populace’s sense of nuclear safety & security is generally as follows: their knowledge of nuclear safety & security and personal experience are still on a low to intermediate level; In terms of trust, it shows that the populace has lack of adequate trust in nuclear safety & security of neighboring countries or regions, as well as Chinese government’s countermeasures; in the way of perception of nuclear safety & security, the populace has few options of related information sources and though the sources are less reliable. Also, the size of the audience of nuclear safety & security is far short of what is desired. Finally, the comprehensive assessment holds that the current overall sense of security for the Chinese populace is on a low to intermediate level (40.71%). This paper points out that China should strengthen the popularization of the security of nuclear science to enhance public security confidence, also, further, more detailed and specific safeguarding measures regarding nuclear safety & security should be made to promote the development of nuclear safety & security affairs.

scholarly journals Exploration of the Way out for Education Reform Based on the Status Quo of Chinese and Foreign Education Systems

2018 ◽  
Vol 2 (2) ◽  
pp. 37
Author(s):  
Yifan Wang
Keyword(s):  
Education Reform ◽  
Education System ◽  
Status Quo ◽  
New Era ◽  
The Status ◽  
Practical Reality ◽  
The Government ◽  
Foreign Education ◽  
Education In China ◽  
The Way

 Against the backdrop of growing national strength and rapid economic development, the government has placed more emphasis on education. In recent years, remarkable achievements have been registered in terms of education in China, which lays a solid foundation for cultivating comprehensive professionally-trained personnel in the new era. However, the current education system is ridden with many setbacks and problems. This paper conducts an analysis of the specific conditions of education both at home and abroad, status quo of education in China, makes some reflections on the direction and measures of China's education reform based on the practical reality of education in China. Measures should be taken to inject personalities into the traditional, exam-oriented education system, which keeps pace with the new era. As is known to all, it's important to strike a balance between public education and non-government funded education in a scientific and reasonable manner. The overhauling of traditional education policies will pave the way for China's educational renaissance and realize the great blueprint of the Chinese dream. 

Collective conflict in the public sector in France

2002 ◽  
Vol 8 (4) ◽  
pp. 688-700
Author(s):  
Marie-Armelle Souriac
Keyword(s):  
Public Sector ◽  
Collective Action ◽  
Collective Bargaining ◽  
Legal Regulation ◽  
Public Enterprises ◽  
Roles And Responsibilities ◽  
The Public ◽  
The Future ◽  
The Government ◽  
The Right

The right to strike has been recognised in France, even as a right guaranteed by the Constitution, since 1946. Strikes in the public sector are subject to specific legal regulation, including requirements for minimum notice periods and, in some circumstances, minimum service requirements. This contribution examines these special legal features of public-sector strikes. It is necessary to clarify the respective roles and responsibilities of the management of public enterprises (or administrative authorities) and the government. The article also considers alternative (and new) forms of collective action and agreements. In the future there may well be even greater scope for the regulation of strikes to be covered by collective bargaining.

DIGITAL FINANCIAL TOOLS FOR SOCIALIZING PRIVATE LAW

2021 ◽  
pp. 208-224
Author(s):  
Julia S. Kharitonova ◽  
◽  
Larisa V. Sannikova ◽  
Keyword(s):  
Public Relations ◽  
The United States ◽  
Legal Regulation ◽  
Private Law ◽  
Property Relations ◽  
The World ◽  
The Law ◽  
Private Investors ◽  
The Way

Nowadays, the law is being transformed as a regulator of relations. The idea of strengthe-ning the regulatory role of technologies in the field of streamlining public relations is making much headway in the world. This trend is most pronounced in the area of regulation of private relations. The way of such access to the market as crowdfunding is becoming increasingly widespread. The issuing of the so-called secured tokens is becoming popular for both small businesses and private investors. The trust in new ways of attracting investments is condi-tioned by the applied technology - the use of blockchain as a decentralized transparent data-base management system. Under these conditions, there is such a phenomenon as the democ-ratization of property relations. Every individual receives unlimited opportunities to invest via technologies. Thus, legal scholars all over the world face the question about the role of the law and law in these relations? We believe that we are dealing with such a worldwide trend of regulating public relations as the socialization of the law. Specific examples of issuing tokens in Russia and abroad show the main global trends in the transformation of private law. The platformization of economics leads to the tokenization and democratization of property relations. In this aspect, the aim of lawyers should be to create a comfortable legal environment for the implementation of projects aimed at democratizing property relations in Russia. The socialization of private law is aimed at achieving social jus-tice and is manifested in the creation of mechanisms to protect the rights of the weak party and rules to protect private investors. Globalization requires the study of both Russian and foreign law. To confirm their hypothesis, the authors conducted a detailed analysis of the legislation of Russia, Europe and the United States to identify the norms allowing to see the process of socialization of law in the above field. The generalization of Russian and foreign experience showed that when searching for proper legal regulation, the states elect one of the policies. In some countries, direct regulation of ICOs and related emission relations are being created, in others, it is about the extension of the existing legislation to a new changing tokenization relationship. The European Union countries are seeking to develop common rules to create a regulatory environment to attract investors to the crypto industry and protect them. Asian countries are predominantly developing national legislation in isolation from one another, but most of them are following a unified course to encourage investment in crypto assets while introducing strict rules against fraud on financial markets. The emphasis on the protection of the rights of investors or shareholders, token holders by setting a framework, including private law mechanisms, can be called common to all approaches. This is the aim of private law on the way to social justice.

Japan's nationalists will exploit imperial succession

2017 ◽  
Keyword(s):  
Economic Impact ◽  
Government Policy ◽  
Content Type ◽  
New Era ◽  
The Public ◽  
The Government

Subject The abdication of Japan's emperor. Significance The Cabinet on December 8 approved proposals for the abdication of the current emperor, Akihito, on April 30, 2019. His son Naruhito will be enthroned the next day. Since this is the first abdication for 200 years, the government will be making up the ceremonies as it goes along, though with references to historical precedents. Impacts The transition and new emperor will have no impact on government policy. The extra-long national holiday and a 'resetting' of the official calendar will have some economic impact. The start of a literal new era, combined with the Olympics the following year, will buoy the public mood. The new emperor carries with him no personal wartime baggage and may be more acceptable to Japan’s neighbours.

scholarly journals Z problematyki zakazu reformationis in peius w postępowaniu sądowoadministracyjnym

2019 ◽  
pp. 123-157
Author(s):  
Agnieszka Ciesielska
Keyword(s):  
Legal Regulation ◽  
Administrative Authority ◽  
The Public ◽  
Diffi Cult ◽  
Legal Situation ◽  
The Law ◽  
Administrative Courts ◽  
Court Proceedings ◽  
The Way

The principle of prohibition of reformatio in peius is established in Article 134 § 2 of the Law on Proceedings Before Administrative Courts. According to this provision the administrative court is not allowed to issue a decision to the detriment of the complainant. A judgment adverse to the complainant can be exceptionally issued but only if the court fi nds a violation of the law resulting in the annulment of the challenged act or action. This principle is a procedural institution which ensures that the complainant’s situation will not deteriorate due to the decision of the administrative court. There are many interpretative doubts concerning the prohibition of reformatio in peius in the doctrine and the jurisdiction of the administrative courts. This is because administrative courts very rarely issue a decision on the merits. Decisions of administrative courts are basically of cassation nature. When the administrative court allows a complaint, the contested act is generally eliminated from the system of law and the case is returned for re-examination by the public administrative authority. It is therefore very diffi cult to determine the content of the prohibition of reformatio in peius in administrative court proceedings and in practice the prohibition of a change for the worse is not a real guarantee of the protection of the interests of the complainant. In the author’s opinion, the way of approaching the mechanism of application of the prohibition of reformatio in peius by the administrative courts needs to be changed. And yet, a signifi cant improvement in the eff ectiveness of the protection against the worsening of the complainant’s legal situation will only be possible through the introduction of a new legal regulation restricting the jurisdiction of public administrative authority, which will reconsider the case after the cassation judgment issued by the administrative court.

scholarly journals The Political University in Argentina in the 1990's

2001 ◽  
Vol 9 ◽  
pp. 22 ◽  
Author(s):  
Adriana Chiroleu ◽  
Osvaldo Iazzetta ◽  
Claudia Voras ◽  
Claudio Diaz
Keyword(s):  
Public Institution ◽  
Executive Power ◽  
The Political ◽  
University Autonomy ◽  
The Public ◽  
The Past ◽  
State Participation ◽  
National University ◽  
The Government ◽  
The Way

Although university autonomy was apparently protected during Carlos Menem's government (1989-1999), actually it was gradually undergoing substantial changes. "Intrusive" devices had been prepared by the executive power, thus causing the restriction of its objectives. This kind of state participation was less explicit than in the past, being now associated with the establishment of a system of "punishment and reward," in which financing is subordinated to "performance," evaluated according to the parameters of multilateral credit organizations . In this work, we analyse the way in which this conflict took place under Menem's government, contrasting the meanings given to the idea of autonomy by the government and by the public institution; attentin focuses on the case of the National University of Rosario.

scholarly journals PUBLIC INTEREST IN PUBLIC PROCUREMENT

2020 ◽  
Vol 24 (4) ◽  
pp. 1039-1062
Author(s):  
Vitaly V. Kikavets
Keyword(s):  
Public Interest ◽  
Public Procurement ◽  
Legal Regulation ◽  
Political Regime ◽  
Public Interests ◽  
Public And Private ◽  
The Public ◽  
Private Interests ◽  
Private And Public ◽  
The Government

The basis of legal relations in public procurement are private and public interests. The purpose of the study is a substantive assessment of the authors hypothesis that the purpose of legal regulation and financial support of public procurement is to satisfy the public interest expressed in the form of a public need for goods, works, and services. The methodological basis of the study rests on historical and systematic approach, analysis, synthesis and comparative-legal methods. The results of the analysis of normative legal acts regulating public procurement, doctrinal literature and practice showed that public interest denounced in the form of public need is realized through public procurement. Public and private interests can be realized exclusively jointly since these needs cannot objectively be met individually. In general, ensuring public as well as private interests boils down to defining and legally securing the rights and obligations of the customer and their officials, which safeguards them in the process of meeting public needs through public procurement. The study revealed the dependence of the essence of public interest on the political regime, which determines the ratio of public and private interests. Public interest in public procurement is suggested to understand as the value-significant selective position of an official or another person authorized by the government, which is expressed in the form of the public need for the necessary benefit; gaining such benefit involves both legal regulation and financial security. The purpose of legal regulation of public procurement is to satisfy public interest. These concepts should be legally enshrined in Law No. 44-FZ.

scholarly journals NEW STUDY IN THE SPHERE OF WATER-RELATED ACTIVITIES

2015 ◽  
Vol 1 (4) ◽  
pp. 0-0
Author(s):  
Владимир Кузнецов ◽  
Vladimir Kuznetsov
Keyword(s):  
Practical Experience ◽  
Legal Regulation ◽  
The Public ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Role Of The State ◽  
Foreign Countries ◽  
Water Legislation ◽  
The Government

The article is the review of D. O. Sivakov’s monograph “Tendencies in Legal Regulation of Water-Related Activities”. D. O. Sivakov is a leading research fellow of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, a specialist and author of researches in the sphere of water and environmental legislation. The author analyses the study under review from the perspective how this study assesses the role of the state in the water resources management. The author supports the reexamination by D. O. Sivakov of the conceptual framework of the water legislation through the lens of proposed legalization of the “water-related activities” concept. The author’s conclusion resulting from the comparison of practical experience in water bodies’ management in a number of foreign countries is worth noticing. As such, the author focuses on the public services by non-governmental organizations and entities of the parties to the water relations. In his study the author confines himself to a simple enumeration of powers of some state bodies in the water services sphere, which is evidently not enough for building a holistic picture of tendencies in the legal regulation of waterrelated activities.

scholarly journals Private Interests and Private Law Regulation in Public International Law Jurisdiction

2019 ◽  
pp. 329-354
Author(s):  
Alex Mills
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Public Law ◽  
Private Law ◽  
Public International Law ◽  
The Public ◽  
Private Interests ◽  
Law Regulation ◽  
The Way

This chapter focuses on private interests and private law regulation in public international law jurisdiction, and discusses how questions of private law are generally marginalized in favour of a focus on public law, particularly criminal law. This is surprising and unfortunate for two main reasons. The first is that private law issues played a central role in the development of public international law jurisdictional principles. The second is that public international lawyers have, in a range of other contexts, increasingly recognized the significance of private law regulation, and the ‘public’ function which it can play in pursuing particular state interests. Recognizing the significance of private law jurisdiction presents, however, some important challenges to the way in which public international law jurisdiction has become to be understood.

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