Main contents of legal papers
1. Theoretical thinking and practical approach of respecting nature in administrative legislation
Guan BAOYING; School of law, Shanghai University of political science and law;
[Abstract] the decision of the CPC Central Committee on several major issues of comprehensively promoting the rule of law points out that the core of scientific legislation is to respect and reflect the objective laws, which shows that the only way to improve the quality of legislation is to respect nature. Administrative legislation is the main component of the legislative system in our country, and compared with the upper law, it is closer to the objective things and the specific administrative regulation process. However, compared with legislative acts with strict legislative procedures, administrative legislation has relatively more subjective factors, which leads to a large number of rules that destroy nature in legal effect in the current administrative legislation system of our country, mainly manifested in improper transformation of nature in administrative legislation, humanism occupying the mainstream of administrative legislation, inconsistency with the internal relationship of regulatory objects, and lack of understanding of natural rules, etc. Therefore, it is particularly important to emphasize that administrative legislation respects nature. Respect for nature in administrative legislation requires that administrative legislation be consistent with natural law, treat objective things rationally, protect environment and dispose natural things cautiously. Respect for nature in administrative legislation can make administrative legislation have root and source, make administrative legislation grow naturally, make administrative legislation have long-term vitality, and make administrative legislation global convergence. Socialization of administrative legislation, standardization of administrative legislation system, voting of administrative legislation selection, participation of experts in administrative legislation process and feedback of administrative legislation operation are the new ways of administrative legislation.
[Key words] administrative legislation; respect for nature; legislative approach;
[Fund] major research projects of the Ministry of Education (17jzd004); projects supported by Shanghai plateau discipline (administrative law); projects supported by the central finance for the construction of local colleges and universities (administrative law)
2. On the reform of international economic and legal system under the international standard order
Xiao Bing; Chen Yao; School of law, Southeast University; School of business administration, Jiangsu Vocational and Technical College of economy and trade;
[Abstract] determined by the normative core of order existence, today's international order is the result of the shaping of international legal system norms. The current international economic legal system has both normative and functional characteristics. The evolution process of hundreds of years since its formation shows that its construction and development are accompanied by the challenge of deconstruction. At the same time, the international legal system, as a reflection of the international political reality, is restricted by both the "equal rights" legal structure of the members of the international community in the "anarchy" and the factual role of the great powers. The crisis faced by the current multilateral economic system and its rule of law principles is also rooted in this. It is worth mentioning the return of realism power politics in a high-profile way. The world has not changed in a century. The reform of the international economic and legal system not only depends on the objective change of the power structure of the international community, but also is closely related to the subjective goal, value pursuit and behavior choice of the subject of international law. Adhering to the "rule-based" multilateralism position, while giving full play to the binding function of international law and rectifying the cyclical problems in the development of globalization, we should also face up to the realistic basis and advantages and disadvantages of the legitimacy of power hegemony and regional rashness, and balance the multipolar demands with a more inclusive, cooperative, rational and pragmatic attitude. This is not only the international community, It is also the strategic orientation and behavior choice that China should uphold.
[Key words] international normative order; international economic and legal system; reform ideas;
[Fund] National Social Science Foundation Project (14afx027)
3. On the legal characteristics and risk regulation of systemically important financial institutions
Keywords Chang Jian; Wang Qingyue; Law School of Hainan University; Law School of central China Normal University;
[Abstract] since the international financial crisis in 2008, "systemically important financial institutions" have attracted the attention of the international community. Central banks, relevant international financial organizations and scholars have tried to define the meaning of "systemically important financial institutions". Although there are many definitions, there is no agreement. In essence, based on the internal characteristics and external influence of systemically important financial institutions, from the perspective of law, it can be found that systemically important financial institutions, as a special kind of financial institutions, have such legal characteristics as dynamic change, strong externality and unfair competition. In view of the different legal characteristics between systemically important financial institutions and general financial institutions, it is necessary to regulate the risks of systemically important financial institutions on the basis of adhering to the principles of key supervision, security priority, cooperative control, etc., improve the definition and identification rules of systemically important financial institutions, clarify the identification subjects and standards, and strengthen the audit of dynamic risks, Improve the effectiveness and pertinence of legal regulation on the risks of systemically important financial institutions; conduct penetration supervision on systemically important financial institutions to prevent and resolve the systemic financial risks; implement the system of increasing responsibility to improve the market credibility of systemically important financial institutions and promote the stable development of the financial industry.
[Key words] systemically important financial institutions; externality; dynamic variability; financial risk regulation;
[Fund] National Social Science Foundation Project (19bfx131); National Social Science Foundation major project (18zda156); Hainan philosophy and social science planning project [hnsk (Yb) 19-02]; Hainan law society key project (hnfx2018a01)
1. JOURNAL OF NANJING UNIVERSITY (PHILOSOPHY, humanities and Social Sciences); 2. Sponsor: Nanjing University; 3. Issue: bimonthly; 4. Place of publication: Nanjing City, Jiangsu Province