scholarly journals Analysis of the legal sources of the introduction of basic socialist values in the "Law on insurance"

2021 ◽  
pp. 64-70
Author(s):  
Chunmei Wang
Keyword(s):  
Rule Of Law ◽  
Core Values ◽  
Point Of View ◽  
Moral Norms ◽  
Insurance Law ◽  
The Rule Of Law ◽  
Republic Of China ◽  
Normative Basis ◽  
State Governance ◽  
The Law

 The main socialist values are the soul of socialist legal construction. The introduction of basic socialist values into the construction of the rule of law is an inevitable requirement for maintaining a combination of State governance on a legal basis and State governance on the basis of moral norms, and this is an important way to strengthen the construction of basic socialist values. The promotion of the introduction of basic socialist values into legislation has become an important measure for the introduction of basic socialist values into the construction of law and order and an important way of implementing basic socialist values. From the point of view of the rule of law, upholding the basic socialist values in laws and regulations undoubtedly requires the transformation and elevation of basic values, such as politics and moral norms, to the level of legal norms, so that they can receive a source and normative characteristic of justice, execution and protection.However, from the point of view of judicial practice and social reality in China, there are other types of norms that serve as the basis for court decisions and the normative basis for the behavior of the subject. Therefore, the “Insurance Law” as the basic law in the fi eld of traditional commercial law, the introduction of basic socialist values developed by a legal source based on the central position of the legislator, and should be based on the Constitution of the Civil Code of China. Here is about the fact that the constitution is the main right and dominant in the legal system of any countryThe content “The state supports the basic socialist values” was added to article 24 “Amendment to the Constitution of the People’s Republic of China”, adopted on March 11, 2018. So that the basic socialist values are raised to the level and height of constitutional norms, and, thus, the defense of the basic socialist values has the highest legal force of the constitution. The Civil Code of the People’s Republic of China is guided by the “Constitution”, and in article 1 “the task of legislation” further proposes and requires “the promotion of socialist core values” and accepts the integration of the civil and commercial codes as a legislative tradition and legislative style.This is what provides the normative basis of the legal source for the introduction of the Law on Insurance into the basic socialist values. Principles and institutions, as the main forms of manifestation of law in the source of law, have also become two fi elds in which the basic socialist values are integrated into the Law on Insurance. Field integration at the level of basic principles should be mainly based on the principle of good faith, but based on the characteristics of insurance activity and insurance management, the overall integrity of the core values should be raised to the highest level of maximum integrity in order to offer a higher degree of honesty to insurance entities.Integration at the level of institutions requires not only the concretization of the principle of maximum integrity, but also the integration of basic values, such as freedom, equality, justice and the rule of law, into specifi c institutions in order to offer norms of behavior and justice for insurance entities and judicial authorities from the level of a legal source. In addition, from the position of judges in the center of justice, from the legal source, the introduction of basic socialist values has certain disadvantages, therefore, other types of norms besides legal sources should be introduced, such as appropriate judicial explanations about the Insurance Law, in this general fi eld, to help correct the shortcomings of the Insurance Law in the legal source, the full manifestation and implementation of the guiding and guiding role of the basic socialist values in the insurance legislation and insurance practice of China, the effective normalization and leadership of the healthy development of the insurance industry in China, as well as the demonstration and implementation of the contribution of insurance to the socialist economic order of China, and serves as a "stabilizer" of public order.

scholarly journals The NGO law in China and its impact on Overseas funded NGOs

2017 ◽  
Vol 9 (3) ◽  
pp. 95-105 ◽  
Author(s):  
Chongyi Feng
Keyword(s):  
Rule Of Law ◽  
Chinese Communist Party ◽  
Socialist Country ◽  
Major Step ◽  
Standing Committee ◽  
The Rule Of Law ◽  
Republic Of China ◽  
The Mainland Of China ◽  
The Law ◽  
People's Congress

The Law of the People’s Republic of China on Administration of Activities of Overseas Non-governmental Organisations in the Mainland of China (Overseas NGO Law), adopted at the 20th Meeting of the 12th Standing Committee of the National People’s Congress on 28 April 2016, came into force on 1 January 2017. The Chinese authorities explained that this new law is a major step “to standardise and guide the activities of overseas non-governmental organisations” in line with the objective of the Chinese Communist Party “to comprehensively promote the rule of law and to build a socialist country under the rule of law” . However, foreign NGOs in China have reacted to the new law with grave concern and anxiety. This article provides an analysis on the main features of the Law and assess its intention, impact and consequences.

THE EXECUTION OF CRIMINAL PUNISHMENT WITH PENAL ESTABLISHMENTS AS A KIND OF LAW-ENFORCEMENT PRACTICE

2020 ◽  
pp. 82-86
Author(s):  
Дмитрий Александрович Швец
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Point Of View ◽  
Penal System ◽  
Controversial Issues ◽  
Life Situation ◽  
The Rule Of Law ◽  
Application Of Law ◽  
Executive System ◽  
The Law

В современной юридической литературе все чаще в качестве предмета исследования подвергаются научному анализу вопросы реализации права, в частности, такой ее формы, как применение, при этом с точки зрения не только теоретико-правовой сферы знаний, но и отраслевых наук. Применение права является одним из видов юридической деятельности, свойственной государственным органам в процессе реализации правовых предписаний. Это в полной мере, по мнению автора, относится к деятельности учреждений и органов уголовно-исполнительной системы, сотрудники которых при выполнении служебных обязанностей претворяют в жизнь судебное решение - акт применения права. Исследование дискуссионных вопросов относительно количества стадий правоприменительного процесса и их содержания, а также понятия и содержания правоприменительной практики позволяет автору сделать вывод, что исполнение наказания, в том числе и уголовного, является: во-первых, самостоятельным этапом процесса применения права, так как в этот период норма права продолжает реализовываться в форме принудительного исполнения приговора суда; во-вторых, разновидностью правоприменительной практики, которая представляет собой совокупную деятельность суда по вынесению основанного на законе и конкретизированного к представленной жизненной ситуации приговора - правоприменительного акта и его реализацию учреждением уголовно-исполнительной системы - уполномоченным субъектом. In modern juridical literature, issues of the implementation of law, in particular its form as application, are increasingly analyzed as a subject of research, not only from the point of view of the theoretical and legal sphere of knowledge, but also from the branch of science. The application of law is one of the types of legal activity that is typical for state bodies in the process of implementation of legal regulations. According to the author, this fully applies to the activities of institutions and bodies of the Penal system, whose employees, in the performance of their official duties, implement a court decision - an act of applying the law. The study of controversial issues regarding the number of stages of the enforcement process and content, as well as the concept and content of law enforcement practice, the author comes to the conclusion that the execution of punishment, including criminal, is: firstly, an independent stage of process of application of the law, because in this period, the rule of law continues to be implemented in the form of compulsory execution of the verdict; secondly, it is a type of law enforcement practice, which is the combined activity of the court to issue a sentence based on the law and concretized to a specific life situation-a law enforcement act and its implementation by an institution of the criminal Executive system-an authorized subject.

Democratic Degradation

Boilerplate ◽  
2012 ◽  
Author(s):  
Margaret Jane Radin
Keyword(s):  
Rule Of Law ◽  
Point Of View ◽  
Legal Rights ◽  
Mass Market ◽  
Public And Private ◽  
Protection Measures ◽  
The Rule Of Law ◽  
Private Ordering ◽  
The Law ◽  
Legal Infrastructure

This chapter focuses on the democratic degradation that may be caused by the apparent replacement of the law of the state with the “law” of the firm when boilerplate is deployed in mass markets. It considers mass-market boilerplate rights deletion schemes and how the widespread use of boilerplate causes democratic degradation; for example, it threatens the distinction between public and private ordering, undermines the rule of law, and erases legal rights. The chapter also examines private law, the main legal infrastructure of the liberal notion of private ordering, and copycat boilerplate. Finally, it discusses technological protection measures (TPMs) and their implications for legal infrastructure, along with measures that might help to make TPMs less problematic from the point of view of the rule of law.

LEGAL ESSENCE OF ANCIENT PROVERBS AND SAYS AND THEIR SOCIAL SIGNIFICANCE

2020 ◽  
Author(s):  
Angela Dranishnikova ◽  
Ivan Semenov
Keyword(s):  
Public Sphere ◽  
Rule Of Law ◽  
Social Significance ◽  
The Rule Of Law ◽  
The Public ◽  
Moral Standards ◽  
The Social ◽  
The Law ◽  
The Public Sphere ◽  
Status Position

The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.

Migration, law, democracy: identifiyng where the risk is

2009 ◽  
pp. 139-150
Author(s):  
Javier de Lucas
Keyword(s):  
Rule Of Law ◽  
Point Of View ◽  
Risk Society ◽  
Structural Factors ◽  
The Rule Of Law ◽  
Poor Countries ◽  
Definition Of ◽  
Sans Papiers ◽  
Migratory Movements ◽  
Migration Law

- This paper focuses on migration, law and democracy in order to identify where risk lies. The author concentrates on studying a recent case, the Directive on the Return of so-called illegal immigrants (sans papiers) approved by the European Parliament on 18 June 2008. The usual point of view, that of the dominant discourse, maintains that today's migratory movements constitute one of the structural factors that justify the definition of our societies as the "Risk Society". According to this point of view, the migratory flows entail a risk for social cohesion and even a destabilising potential for both democracy and the rule of law. The risk is illustrated by the menacing image of invasion threatening at our doors, hence the classical argument of the "demographic bomb" as the resource of poor countries. The author's thesis sustains that it is precisely our responses, in the form of migratory policy tools, that constitute a risk factor. Some of these tools, including this Directive, have become destabilising elements of the rules of the game and, moreover, of the values of the rule of law and of democracy.

PURPOSE, PRINCIPLES AND SPECIFIC FEATURES OF PROSECUTOR’S OFFICE LEGAL CREATION ACTIVITY

2021 ◽  
Vol 6 (10) ◽  
pp. 53-62
Author(s):  
Shoxrukhkhon Saidov ◽  
Keyword(s):  
Civil Rights ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
Legal Space ◽  
The Law ◽  
Law Making

This article describes the specifics of the law-making process conducted by the prosecutor's office. The purpose and principles of the prosecutor's office's participation in this process have been studied scientifically and theoretically. Taking into account the high relevance of ensuring legality in the law-making process, opinions were expressed about the need for adequate regulation and organization of solving this task by the prosecutor's office at the level of law and legality. The participation of the prosecutor's office in law-making activities contradicts the needs of the population, the protection of human and civil rights and freedoms, ensuring the rule of law, promoting the formation of a unified legal space and improving legislation, ensuring consistency legal instructions, systematization of legislation, scientifically based analysis are aimed at reducing the influence of bureaucratic interests and preventing the inclusion of factors that generate corruption in normative acts and their projects

Sign in / Sign up

Export Citation Format

Share Document