scholarly journals On the People’s Nature of Judicature from the Way of Ma Xiwu’s Trial Mode

Author(s):  
Bo Zhou ◽  

As the product of the judicial work under the leadership of the Party during the Chinese revolution, the Ma Xiwu’s Trial Mode is a creative contribution of the Chinese Communists to the judicial work, bearing the spiritual core of the red judicial culture of the People’s Republic of China, focusing on investigation and research, facilitating the mass litigation and solving disputes on the spot. Under the background of socialism with Chinese characteristics stepping into a new era, people’s judicature is the essential feature of socialist judicial system with Chinese characteristics. The core connotation of people’s judicature is reflected in Ma Xiwu’s judicial stand of people-centered, judicial idea of justice as the core, working principle of insisting on the dialectical unity of people’s nature and impartiality of judicature and evaluation standard of reflecting public opinion.

2021 ◽  
Vol 8 (12) ◽  
pp. 232-244
Author(s):  
Robert Guang Tian ◽  
Li Yangkuo

China is a large socialist developing country, and the CPC is the core force chosen by the Chinese people to lead it. Mao Zedong was the creator of the Communist Party of China and the People's Republic of China. He led the Chinese people to complete the cause of liberation, carried out socialist construction and began to march toward modernization, forming the great Mao Zedong Thought. Xi Jinping inherited Mao Zedong Thought. He put forward the strategic vision of realizing the Chinese Dream, the great rejuvenation of the Chinese nation. In the new international environment and under the new historical conditions, Xi Jinping has formed a series of highly relevant and continuous theoretical thoughts. His theoretical thoughts have become the guiding ideology for China to become prosperous and strong and make greater global contributions. This paper Outlines the historical process of China from Mao Zedong to Xi Jinping and discusses Xi Jinping's main theoretical ideas.


2021 ◽  
Vol 12 (1) ◽  
pp. 155-166
Author(s):  
Lei Song ◽  

The article discusses current theoretical issues concerning the process of adopting amendments to the Constitution of the People’s Republic of China (PRC) and their content. The Constitution of the PRC is the fundamental law of China. It plays a crucial role in the socialist legal system with Chinese specifics in the new era. From September 29, 2017 to March 11, 2018, the fifth draft amendments to the Constitution of the PRC in 1982 were formed and adopted within 6 months. This is a great event in China, and it also carries a landmark and historical significance for the development of Chinese legislation. The draft amendments were supposed to make 21 changes to the current Constitution of the PRC. The content of the changes is provided as: affirming the scientific approach to the development of the state and society, Xi Jinping’s ideas about socialism with Chinese characteristics in the new era have become the main reference point in the socio-political life of the country; regulation of the full implementation of the general plan for the construction of socialism with Chinese characteristics; improving actions to govern the country in accordance with the law and to implement legislation; full improvement of the essence of the development of the revolution and the construction of the country; full enhancement of the content of the United Patriotic Front and interethnic relations; filling the direction of peaceful diplomatic policy with content; providing support and strengthening the leadership of the Communist Part of China; emphasizing the role of basic socialist values; changes to the previously established terms of office of the President of the state; expansion of the regulation of local legislation of cities of central subordination; expansion of the regulations for the relevant inspection commissions.


2020 ◽  
Vol 11 (4) ◽  
pp. 993-1008
Author(s):  
Albert A. Trofimov ◽  

The article analyzes the current budget legal regulation in the People’s Republic of China (PRC). The author applies the context-legal approach, which assumes the obligation to take into account the features of the modern Chinese legal system. The features of “socialism with Chinese characteristics in the new era” are able to provide a deeper understanding of the public finance legal regulation (especially budget law). The analysis of various sources of the budget law in the PRC leads to the conclusion about the frequently occurring inconsistency of the Chinese legislator, uncertainty and declarative nature of the budget legal norms. The problem of the multiplicity of sources of legal regulation, which entails excessive duplication of legal norms, exists alongside the problem of the lack of a clear hierarchy of normative legal acts in the Chinese legal system. The ongoing reforms are seen as fragmentary, often becoming the main cause of contradictions between the introduced and non-repealed normative legal acts. In the article, special attention is paid to China’s experimental (pilot) procedure for the adoption of normative legal acts, which has a number of disadvantages that reduce the guarantees of the rights of obligated subjects. The article also provides an analysis of the existing sources of China’s budget law: from the constitutional level to the local one. It is found that the basic Budget Law of the PRC is flawed and not devoid of uncertainties. At the same time, the discussion on the role of the acts of the Communist Party of China provides new evidence that such acts have characteristics of a source of law.


2019 ◽  
Vol 52 (4) ◽  
pp. 355-365
Author(s):  
Yingjie Guo

The Chinese Communist Party's dramatic shift from Mao Zedong's Chinese Revolution to Xi Jinping's Chinese Dream remains under-examined and even misunderstood or mispresented despite its enormous impact on every aspect of national life in the People's Republic of China. There is a clear need for in-depth analysis of the extent to which the CCP has departed from the philosophical foundation of Marxism and Maoism, abandoned socialism and communism, inverted its long tradition of iconoclasm, transformed its own identity and altered its subject position. Part of the CCP's philosophical departure from Marxism and Maoism is its increasing conversion to nationalism. The new nationalism underpinning the Chinese Dream, in particular, operates against the grain of Marxism and Maoism, and vice versa, and is logically irreconcilable with the latter — so much so that the CCP cannot be nationalists and Marxists, Maoists or communists at the same time. The contradictory logics between nationalism and Marxism can be best seen from their respective conceptions of permanence and change, the unity and conflict of opposites, and conceptions of, and approaches to, tradition and the past, which have had major ramifications in political-cultural change in post-Mao China, especially in Xi's New Era.


2021 ◽  
Vol 1 (1) ◽  
Author(s):  
Simon Elias Bibri

AbstractA new era is presently unfolding wherein both smart urbanism and sustainable urbanism processes and practices are becoming highly responsive to a form of data-driven urbanism under what has to be identified as data-driven smart sustainable urbanism. This flourishing field of research is profoundly interdisciplinary and transdisciplinary in nature. It operates out of the understanding that advances in knowledge necessitate pursuing multifaceted questions that can only be resolved from the vantage point of interdisciplinarity and transdisciplinarity. This implies that the research problems within the field of data-driven smart sustainable urbanism are inherently too complex and dynamic to be addressed by single disciplines. As this field is not a specific direction of research, it does not have a unitary disciplinary framework in terms of a uniform set of the academic and scientific disciplines from which the underlying theories can be drawn. These theories constitute a unified foundation for the practice of data-driven smart sustainable urbanism. Therefore, it is of significant importance to develop an interdisciplinary and transdisciplinary framework. With that in regard, this paper identifies, describes, discusses, evaluates, and thematically organizes the core academic and scientific disciplines underlying the field of data-driven smart sustainable urbanism. This work provides an important lens through which to understand the set of established and emerging disciplines that have high integration, fusion, and application potential for informing the processes and practices of data-driven smart sustainable urbanism. As such, it provides fertile insights into the core foundational principles of data-driven smart sustainable urbanism as an applied domain in terms of its scientific, technological, and computational strands. The novelty of the proposed framework lies in its original contribution to the body of foundational knowledge of an emerging field of urban planning and development.


1994 ◽  
Vol 140 ◽  
pp. 1105-1120 ◽  
Author(s):  
Solomon M. Karmel

The nascent stock and bond markets in the People's Republic of China have received considerable attention from the international media, yet the emergence of these markets is poorly understood. China's new “limited stock companies” increasingly answer to a variety of public and private lenders and spenders, who partially own and largely manage the means of production. The government sometimes decides which companies and managers will be rewarded with the benefits of incorporation, and it grabs a lion's share of the newly issued securities. But the result is a slow, government-led move towards a more capitalist form of management and ownership. This kind of jointly funded project – companies that merge public and private ownership, management and responsibility – may become the defining characteristic of China's emerging “capitalism with Chinese characteristics.”


2020 ◽  
Vol 16 (2-3) ◽  
pp. 370-380
Author(s):  
Chas W. Freeman

Summary Chinese diplomatic style is the product of many influences. It is rooted in 2,000 years of history but also reflects changes resulting from the Chinese Revolution and the dramatic expansion of its wealth, power, status and interests ongoing today. Much is made of the hierarchical tradition in China’s diplomatic thinking and its resistance to Western diplomatic norms. However, these provide unreliable guides for contemporary Chinese diplomacy. While ‘face’, in terms of the respect of others remains an important consideration, Chinese diplomacy is influenced by upholding its understanding of the principles of sovereignty, non-intervention and self-determination. It is also influenced by the ruling Chinese Communist Party’s conceptions of how political leadership and control are exercised and maintained. These concerns manifest themselves in the way Chinese diplomatic style has avoided force, favoured ambiguity and operated with a clear, but creatively interpreted, distinction between non-negotiable core principles and more flexible concrete arrangements.


2020 ◽  
Vol 4 (9) ◽  
Author(s):  
Ying Wang

With the continuous progress of the economy of China and the full integration with the system of socialism with Chinese characteristics, Chinese economy has been further developed and gradually tends to be improved. Under the background of the new era, there are great differences between the public economy and the non-public sector of the economy that is including the private economy and the individual economy. The non-public sector of the economy is mainly to pursue the maximization of operating profits. In fact, it defers to the intention of managers. Therefore, the planning of business freedom becomes a power to protect the business property and business freedom, which is the most important issue to be considered in the context of the new era.


2019 ◽  
Vol 20 (1) ◽  
pp. 63-89
Author(s):  
Adonis Elumbre

In 2015, the Association of Southeast Asian Nations (ASEAN) was said to have set in motion a regional community with “peace, prosperity, and people” at the core of its transition towards deeper integration. In 2017, it marked its 50th year - a narrative arc in Southeast Asian history that has arguably defined the region’s contemporary period. What then could be the next for the organization? This paper explores one of those ideas that has been floating around about ASEAN’s future in relation to its people-oriented vision. In particular, it enquires into the abstracted and non-legal notion of “ASEAN citizenship” through identification of conjunctures in the development of the organization. While ASEAN’s lack of a legitimating policy on regional citizenship is understandable given its normative frameworks of intergovernmentalism and non-interference, the paper contends that this notion has already been discursively defined and constructively pursued from within the organization. The resulting narratives on regional identity formation and on ideas and institutions that articulate and generate potential elements of regional citizenship seek to capture aspects of this slippery yet lingering presence of “ASEAN citizenship,” and hopefully contribute to the evolving conversations on the nature and future of ASEAN as it enters a new era.


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