scholarly journals PRINCIPLES AND PATTERNS OF LEGAL REGULATION OF GENETIC SCREENING IN PRENATAL DIAGNOSIS IN THE PEOPLE’S REPUBLIC OF CHINA

Issues of Law ◽  
2020 ◽  
Vol 20 (3) ◽  
pp. 57-66
Author(s):  
M.V. Medvedev ◽  
◽  
G. N. Suvorov ◽  
S.S. Zenin ◽  
◽  
...  
Keyword(s):  
Prenatal Diagnosis ◽  
Genetic Screening ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Main Trend ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China

The article analyzes the features of legal regulation of genetic screening for prenatal diagnosis in the people’s Republic of China. The conducted research allowed to establish the main principles and regularities of the corresponding regulation. It is summarized that the leadership of the people’s Republic of China conducts a targeted policy for improving the health of the population, where one of the priorities is not to increase the population, but to improve the” quality “ of newborns (in the context of health). Realizing, in this regard, the positive possibilities of genetic screening in HDP in terms of improving the overall level of health of the population, the state is making a lot of efforts in the financial, legal, scientific, social and other spheres for its wide implementation in everyday clinical practice. Genetic screening when PND is free and available to alsegments of the population of China, it is part of health services financed by the state. These principles, as shown by the analysis of the legal framework for genetic screening in HDP, are system-forming in the framework of its legal regulation in the PRC. Currently, the main trend in the development of Chinese legislation in the field of genetic screening for HDP is more detailed regulation of various aspects of the use of this medical technology. China’s accumulated experience in legal regulation can be taken into account by the domestic legislator

scholarly journals Social Credit System in the People's Republic of China: normative legal framework and principles of functionality

2020 ◽  
pp. 18-53
Author(s):  
Roman Z. Rouvinsky ◽  
Tatiana Komarova
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
People’S Republic Of China ◽  
Chinese Government ◽  
People's Republic Of China ◽  
Credit System ◽  
Republic Of China ◽  
Social Credit ◽  
Legal Provisions ◽  
The Social

This article examines the normative legal framework and principles of functionality of the Social Credit System that is currently being implemented in the People's Republic of China. For the first time in legal science, the Social Credit System is viewed not as an organizational and regulatory technique that in one or another way is related to law, but rather as an independent legal institution relevant to the branch of administrative law. The application of formal-legal and comparative-legal methods allows describing the hierarchy of sources of the Chinese law pertaining to social credit mechanisms and procedures, as well as giving characteristics to major provisions of the corresponding normative acts. The peculiarities of legal regulation of the mechanisms and procedures that comprise the Social Credit System in PRC include the following aspects: sublegislative nature of such regulation, prevalence of joint lawmaking, focal role of normative legal acts of the Chinese government, declarative character and ambiguity of multiple legal provisions with regards to the Social Credit System. The author underline the specificity of interpretation of the normative legal acts of the People's Republic of China, usage by the lawmaking branches of moral categories in formulation of provisions for regulation of elaboration and implementation of the social credit mechanisms. The provisions of governmental and departmental normative legal acts pertaining to the Social Credit System are correlated with the provisions of the current Constitution of the People's Republic of China.

scholarly journals Comparative Legal Analysis of the Institute of Complicity in Crime in China and Russia

Lex Russica ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 153-164
Author(s):  
P. Dongmei
Keyword(s):  
Criminal Law ◽  
Criminal Group ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
General Part ◽  
Organization Leadership

The institution of complicity in crime as a whole is one of the most problematic areas for criminal law doctrine and law enforcement practice. The problem of complicity in crime, which acts as one of the fundamental institutions of criminal law in different countries, is given increased attention in the legal science of China and Russia, which is primarily due to the importance of this institution.In the Chinese criminal law, only five articles of the General part (articles 25-29 of the criminal code of the People’s Republic of China) are devoted to complicity in a crime. In addition, in many articles of the special part of the criminal code of the People’s Republic of China, incitement, aiding and abetting, as well as preparing, creating, directing, or participating in a criminal group, constitute a complete crime. These are such elements of a crime as: incitement to split the state (part 2 of article 103), incitement to overthrow the state power (part 2 of article 105), incitement to carry out terrorist activities (article 120), financial assistance to terrorist activities (article 120.1), assistance to information network criminal activities (article 287.2), preparatory actions for terrorist activities (article 120.2), organization, leadership, participation in a terrorist organization (article 120), organization, leadership and active participation in organizations of a mafia nature (article 294) , etc. In the current Criminal Code of the Russian Federation, seven articles of the General part (articles 32-36, articles 63, 67 of the Criminal Code) are devoted to the institution of complicity. In addition, the group committing a crime is as qualified or very qualified type of specific crimes (for example, article 105, 117, 158, 164 of the Criminal Code), or forms a constitutive characteristic of certain types of crime (for example, article 208, 209, 210 of the Criminal Code, which criminalize the creation of formations, gangs or communities or participate in them).The paper deals with Chinese and Russian criminal law in part of the normative regulation of the Institute of complicity in a crime, considerable attention is given to the analysis of criminal legislation of China and Russia in the sphere of legal regulation of concepts, forms of participation, types of participation and the principles of bringing them to criminal liability. In the course of the study, the author also attempts to analyze some controversial issues related to the institution of complicity in crime, such as complicity in careless crime, indirect execution, and the legal nature of complicity in crime.

AS A DIGITAL TECHNOLOGY SUCH AS BIG DATA CAN BECOME A TOOL AGAINST SOCIETY

2020 ◽  
Author(s):  
Vladislav Andreyevich Shcherbakov ◽  
◽  
Svetlana Aleksandrovna Chevereva ◽  
Keyword(s):  
Big Data ◽  
Digital Technology ◽  
State Level ◽  
The State ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Total Control ◽  
Definition Of ◽  
Big Data Technology

The definition of the term Big Date is given. Particular attention is paid to how, in practice, Big Data technology is being introduced into people's lives at the state level and how it can be used for total control using the example of the People’s Republic of China.

Ensuring the Rights and Legal Interests of the Victim when Checking the Crime Report: A Comparative Legal Analysis of the Criminal Procedure Codes of the Russian Federation and the People’s Republic of China

2021 ◽  
pp. 128-133
Author(s):  
Irina G. Smirnova ◽  
◽  
Ekaterina V. Alekseeva ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
People’S Republic Of China ◽  
Legal Analysis ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Procedure Code ◽  
The Russian Federation ◽  
Procedure Codes

The article presents a comparative legal analysis of the norms of the Criminal Procedure Code of the Russian Federation and the Criminal Procedure Code of the People’s Republic of China, which regulate the rights and powers of the victim within the framework of the stage of initiating a criminal case. The authors highlight several significant differences in the legal regulation of this issue. The differences are: the obligation to comply with the rules of jurisdiction in China at the stage of filing a statement of a crime, which is not required under the Code of Criminal Procedure of the Russian Federation; compulsory fingerprinting of a person when filing a crime report with a public security agency implemented in China; the existence of several types of preliminary checks (the list of activities carried out as part of these checks in China is open); intensive development of IT technologies and their introduction into the life of society, including for the fight against crime and ensuring law and order in society, in China.

Cultural security of minorities under threat. The situation of the Uyghurs in the People’s Republic of China

2021 ◽  
Vol 202 (4) ◽  
pp. 719-733
Author(s):  
Elżbieta Szyszlak
Keyword(s):  
Cultural Heritage ◽  
The State ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Case Study Method ◽  
Republic Of China ◽  
National Minorities ◽  
Fundamental Significance

The main objective of the article is to analyse the state of cultural security of the Uyghur minority. Due to the fundamental significance of identity and culture for the functioning of national minorities, it belongs from their perspective to the most crucial sectors of security, especially since a whole range of threats concerns it. The text uses the case study method, and the situation of the Uyghur minority in the People’s Republic of China has been chosen as an example. The following parts of the study define the terms used in the article, characterize the Uyghur minority, and indicate the most critical threats to its cultural security. These include the processes of migration together with the accompanying processes of urbanization and industrialization, the destruction of cultural heritage, threats in the area of culture and education, and dangers related to the state’s policy towards Islam and the potential radicalization of its Uyghur followers.

scholarly journals The prosecutor’s office on the defense human and civil rights and freedoms in the Russian Federation and the People’s Republic of China

2021 ◽  
pp. 87-92
Author(s):  
T. I. Otcheskaya
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Russian Federation ◽  
The State ◽  
People’S Republic Of China ◽  
Labor Rights ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Russian Federation ◽  
The Right

The article is devoted to topical issues of protection of human and civil rights and freedoms by an important state body — the prosecutor’s offi ce in two states — the Russian Federation and the People’s Republic of China. The author investigated the issue of the formation of prosecutorial supervision in the European space in the mechanism of statehood on the example of the Russian Federation and in the Asian space on the example of the People’s Republic of China.At the same time, the approaches of the two states to the protection of human rights at the constitutional level, which are regulated by the Constitution of the PRC and the Constitution of the Russian Federation, have been studied. The achievements of the Russian prosecutor’s offi ce in protecting human and civil rights and freedoms, which are the responsibility of the state, including on issues of observance of the labor rights of citizens, the right of citizens to protect life and health, are consecrated.The state program of action in the fi eld of human rights adopted by the State Council of the People’s Republic of China has also been studied in detail. Achievements in the social sphere are shown, which are provided not only by the state, but also by the prosecutor’s offi ce. The approaches of legal science in the two states are consecrated not only in the regulation of human and civil rights and freedoms, but also in their provision.Based on the material studied, the author concluded that it is possible to use the positive experience of Russia and China, mutually in both states, in order to ensure the protection of human and civil rights and freedoms in each of them.

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