Legal Supervision Research Articles

Does Confucian culture influence corporate R&D investment? Evidence from Chinese private firms

In this study, we examine how informal institution, namely Confucian culture, affects corporate R&D investment. Using a nationwide survey of Chinese private firms, we find that Confucian culture is significantly positively associated with corporate R&D investment. Moreover, the positive effect of Confucian culture is more pronounced for firms headquartered in regions with poor legal supervision and weak foreign culture shocks. The results are robust to alternative measures of Confucian culture and remain valid after controlling for potential endogeneity. Our findings provide insights for understanding the role of Confucian culture in firm's decision-making in emerging market.

A Research Study on Prevention of Occupational Accidents in the Construction Sector during the Design Process

Safety by design has recently become one of the most significant research topics. It is believed that safety by design will provide profits to the construction sector by improving efficiency, reducing operating costs, reducing hazards and risks, and decreasing expensive accident prevention methods on the site. The aim of this study is to determine the awareness of the safety by design in the Turkish construction sector, and to raise awareness of the importance among the professional stakeholders in order to anticipate occupational accidents at the design stage, and implement the accident prevention applications early in the design process. Because the construction sector is hasty and fast, pre-construction executions have always been perceived as a waste of time, and the issue of prevention through design, which is the subject of this study, also takes place in the pre-construction stage. Due to the fact that the work related to the health and safety of the workers takes time and creates financial requirements, it is sometimes perceived as unnecessary by employers. Particularly, small-scale construction companies, make investments on safety only to protect themselves from legal sanctions. In order to identify the awareness of safety by design among the stakeholders in the sector, the data required for this study were collected through a questionnaire. The results of this study show that although the sector awareness on safety by design has emerged, there is still a huge gap in terms of implementation. It will be possible to fill this gap by increasing the awareness of the designers (architects, civil engineers) and increasing the legal supervision and penal sanctions.

Shadow Management: Neoliberalism and the Erosion of Democratic Legitimacy through Ombudsmen with Case Studies from Swedish Higher Education

We argue that the neoliberal tradition and new public management reforms of the public sector effectively erode the core (liberal) democratic values of the rule of law and transparency. The tension between public law and managerially-influenced governmental policy is in practice resolved by the emergence of what we call “shadow management” in public administration, whereby managerial decisions that clash with constitutional and administrative law are dealt with in internal memos or consultancy reports and hidden from public view. The consequence is a duality in the public sector, which potentially reduces public trust in institutions and undermines their democratic legitimacy. Finally, we argue that when governmental neoliberal policy clashes with legal requirements, the likely effect is that the popular institution of the (governmental or parliamentary) ombudsman, originally introduced for legal supervision over civil servants, takes on the new deceptive role of providing pseudo-legal justification for neoliberal reform, making neoliberalism and ombudsmen a particularly problematic combination from a democratic and legal perspective. We support our contentions by a case study of Swedish higher education and hypothesize that the mechanisms we highlight are general in nature.

COVID-19 Related Misinformation on Social Media: A Qualitative Study from Iran.

Background: During outbreaks of diseases a great amount of health threatening misinformation is produced and released. In the web-2 era much of this misinformation is disseminated via social media where information could spread easily and quickly. Monitoring social media content provides crucial insights for health managers to manage the crisis. Objective: Given the misinformation surrounding COVID-19 outbreak, this study was aimed to analyze contents of the most commonly used social networks in Iran that is among the affected countries. Methods: A social media monitoring conducted through a qualitative design to analyze the discussions of social media users about the content related to COVID-19 transferred via Iranian medical faculty members` groups in Telegram and Whats App during Feb 20 to March 20, 2020 emphasizing the misinformation. Discourse analysis was applied and the written dialogues and discussions regarding misinformation about different aspects of the outbreak between medical faculty members all over the country were analyzed. Results: Cultural factors, demand pressure for information during the crisis, the easiness of information dissemination via social networks, marketing incentives and the poor legal supervision of online contents are the main reasons of misinformation dissemination. Disease statistics; treatments, vaccines and medicines; prevention and protection methods; dietary recommendations and disease transmission ways are the main subjective categories of releasing misinformation regarding novel coronavirus outbreak. Consequences of misinformation dissemination regarding disease include psychosocial; economic; health status; health system and ethical ones. Active and effective presence of health professionals and authorities on social media during the crisis and the improvement of public health literacy in the long term are the most recommended strategies for dealing with issues related to misinformation. Conclusion: This study contributes the management of COVID-19 outbreak trough providing applicable insights for health managers to manage public information in this challenging time.

The Basic Issues concerning the Construction of the Rule of Law in China in the New Era

China has entered a new era in our march toward the rule of law, and the principal contradiction facing Chinese society has changed into one between the people’s ever-growing need for a better life and unbalanced and inadequate development. At the rule of law level, the contradiction manifests itself as a gap between the public’s expectations of rule of law construction and its unbalanced and inadequate development in legislation, law enforcement, the judicial system, legal compliance, legal supervision, etc. The Report to the 19th National Congress of the Communist Party of China points out that law-based governance is an essential requirement and important guarantee for socialism with Chinese characteristics. It outlines an impressive blueprint for building the rule of law in the new era, and further expounds the basic strategy for building the rule of law in China in the future. It provides the guiding ideology and program of action for the comprehensive rule of law and establishes the goal of building the rule of law. Under the guidance of Xi Jinping thought on socialism with Chinese characteristics for a new era, rule of law construction in China will embark on a new journey.

Research on the Status Quo, Problems and Measures of the Development of China’s PPP Model

China is in the process of rapid urbanization and rapid economic development. The demand for infrastructure construction is getting higher and higher, but government funds are limited and cannot meet its needs. With the decline of government investment in the construction of public infrastructure, and the role of private capital enterprises in the construction of public infrastructure has begun to play an increasingly important role, and the continuous development of marketization of investment and financing models, a new financing model has been introduced—Public-Private-Partnership (PPP) model, that is, the cooperation model between public government departments and private enterprises. At the present stage of the development of China’s PPP model, there are many problems: inadequate legal systems, inadequate supervision and management, insufficient understanding of the PPP model in various regions, inadequate risk taking and benefit distribution, and large government credit risks. In view of this, we should start to improve the legal and regulatory system related to the PPP model, establish a sound supervision and management mechanism, establish a specialized PPP management agency, establish a reasonable risk sharing and benefit sharing mechanism, and establish an information sharing platform. Therefore, this article starts from the deep meaning of the PPP model, the current status of development in China, the problems that arise, and better solutions to study it in depth.

Administrative and legal supervision of the Veterinary Inspection over food safety in Poland – selected issues

Legal sciences, raising food safety as the subject of research, focus mainly on striving to ensure sufficiently effective legal regulations and the system of bodies controlling and supervising the food market that determine the correct health quality of food. One such body is the Veterinary Inspection. And while it focuses in its tasks mainly on the protection of animal health, it directly and indirectly affects the maintenance of food health requirements. Supervision exercised by the said Inspection plays an important role in ensuring a high level of protection of human life and health, and also protects the economic interests of the consumer. These two goals are basic. Additional objectives are protection of the reliability of commercial transactions, ensuring the free movement of food in the European Union, protection of animal health and living conditions and protection of the environment. They are of particular importance for determining acceptable limits of competences that can be entrusted to public administration bodies, including the said Inspection. The article presents the activities of the Veterinary Inspection to protect food safety and selected executive forms that it uses for this purpose. These types of entities are equipped with such forms of activity because they fulfill a protective function in the public administration system. However, this function implies the obligation to protect many different values desired individually, as well as maintain (ensure) objectively desired states of affairs, phenomena and processes.

On the Types of Risk and Prevention of the Investigation Procedure of Supervisory Commission in China

The Supervisory Committee is an important part of China's criminal justice reform. The investigative power of the Supervisory Committee has attracted many people's attention. It established a single-track investigation system that integrates party discipline investigation power, political discipline investigation power and criminal investigation power. This system confuses the boundaries and differences of the three types of investigations, reduces the level of legalization of criminal investigations, and makes criminal investigations with investigative nature not restricted by the Criminal Procedure Law, nor can they provide the person under investigation with a minimum Procedure guarantee. In the present investigation procedure, there are some hidden risks in the right to defense by attorney, coercive measures, supervision by procuratorate and the possible formation of supervisory centralism. The investigation procedure of supervisory committee should be optimized through internal control and external supervision, so as to prevent legal risks in the investigation operation of supervisory committee. From an internal point of view, internal control should be strengthened, especially the supervision of the People’s Congress over the power of investigation procedures. In China, as a legal supervision agency, the procuratorate is also expected to play a greater role in restraining and balancing the supervision committee. From an external point of view, we must focus on the role of lawyers, especially in protecting the lawyer's right to defense.

Review the Progress of the Compensation System for Ecological and Environmental Damage in China

The establishment of the Compensation System for Ecological and Environmental Damage is the key implementation content of the "Ecological Civilization" strategies in China. The purpose of the Ecological and Environmental Damage Compensation System is to break the dilemma of "environmental priceless, no claim for compensation", "corporate pollution, government paying". It is a feasible method to comprehensively remedy China's damaged environment by imposing negotiation and litigation against liable parties that engaged in environmental pollution and ecological destruction. The reform began in 2015. In recent years, the reform has been trailed in the mainland of China. Some provinces have promulgated their local version of an implementation plan and formed regulations about it. Many cases have been done in practice. This paper purports to introduce the practice of the Ecological and Environmental Damage Compensation System in China, analyze the problems disclosing from the trailed implementation, such as insufficient judicial support for claimants, absence of procedural legislation and unclear relationship with other public interest litigation. Meanwhile, the paper also proposes three suggestions to improve the Ecological and Environmental Damage Compensation System: restoration priority principle in negotiation; limited applicable scope; procuratorates’ performing legal supervision duties.

Improvement of Legal Supervision of Foundations in Major Public Health Events

Improvement of Legal Supervision of Foundations in Major Public Health Events

REGULATION URGENCY CONCERNING ADMINISTRATIVE SANCTION GUIDELINES IN SPACE ADMINISTRATION

The spatial development can be supported by sustainable development, efforts are needed to divert space through the imposition of sanctions on administration in the spatial field. In the context of a legal state, sanctions must be taken while ensuring their legality in order to provide legal protection for citizens. The problem is, the construction of administrative regulations in Law No. 26 of 2007 and PP No. 15 of 2010 contains several weaknesses so that it is not enough to provide clear arrangements for administrative officials who impose sanctions. For this reason, an administration is required which requires administrative officials to request administrative approval in the spatial planning sector. The success of the regulation requires that it is the foundation of the welfare state principle which demands the government to activate people's welfare. 15 of 2010, the main things that need to be regulated therein should include (1) the mechanism of imposing sanctions: (2) determination of the type and burden of sanctions; and (3) legal protection and supervision by the region.

Cause Analysis of Unsafe Behaviors in Hazardous Chemical Accidents: Combined with HFACs and Bayesian Network.

Hazardous chemical accidents (HCAs) seriously endanger public life, property, and health. Human and organizational factors are important causes of many kinds of accidents. In order to systematically explore the influencing factors of unsafe behaviors in HCAs in China, the method of human factors analysis and classification system based on the Bayesian network (BN-HFACs) was introduced. According to the 39 investigation reports of HCAs in China, the origin Bayesian network (BN) was obtained and the failure sensitivity of every node in BN was calculated. The results have shown that hazardous material environment (1.63) and mechanical equipment (0.49) in the level of preconditions of unsafe behavior have the same direction failure effect with operation error, while there is no factor has the same direction failure effect with operation violate. Some factors in organization influence and unsafe supervision, such as organization climate (0.34), operation guidance (0.37), planned operation (0.22), and legal supervision (0.19), are also important reasons for operational errors, while resource management (0.12), hidden investigation (0.18) and legal supervision (0.13) have an impact on operation violates. Moreover, there are still close relationships between other hierarchical elements, such as the operation guidance effect on the hazardous material environment (6.60), and the organizational climate has the most obvious impact on other factors at the level of organizational factors. Based on the above research conclusions, suggestions for individual, enterprise, and government were put forward, respectively, and the limitations of this study were also clarified.

Sądowa ochrona samodzielności finansowej jednostek samorządu terytorialnego przed rozstrzygnięciami nadzorczymi regionalnych izb obrachunkowych

Financial independence of territorial self-government units means performing important public tasks in the field of financial management on their own behalf and with their own responsibility in terms of aspects related to income and expenditure, and implementation of financial management. In this regard, the Constitution of the Republic of Poland guarantees the units the right to have cases heard before the court whenever their independence is threatened by someone else’s actions or in situations leading to removal of the effects of a specific violation that has already occurred. Nevertheless, the issue related to the independence of local government units, including financial independence and related judicial protection, as it can be seen, still remains an open issue. It should be emphasized that the legislator, expressing the unambiguous intention of protecting the independence of territorial self-government units, provided them with institutional legal supervision, but within defined limits.

The Concept and Essence of Administrative and Legal Protection of Tax Relations

The concept and essence of administrative and legal protection of tax relations have been considered. It has been emphasized that the study of general theoretical ideas about the correlation between the concepts of legal security and legal protection will contribute to solving the tasks of the research. The provisions on the correlation of legal security and legal protection in the whole and as a part have been supported. The author has established peculiarities of administrative and legal protection compared with other types of legal protection of public relations: such activity is carried out by public administration agencies through administrative and legal means, including coercive ones. The essential components of administrative and legal protection, which should form the basis of its definition, include: prevention of negative phenomena; detection of possible violations; overcoming harmful consequences (restoration of violated rights); maintaining stable legal relations; prosecuting persons who encroach on the protected object.
 The author has emphasized on the peculiarities of the purpose of using the means of administrative and legal protection of tax relations – protection of public interests in the field of taxation, as an organic and balanced combination of public and private interests, the satisfaction of which contributes to the sustainable development of society.
 It has been found out that the content of administrative protection of a particular object is revealed through its means and measures. The analysis of sectoral studies has allowed to establish the following feature of administrative and legal protection measures: they are carried out by means of service nature, the list of which differs depending on the object of administrative legal protection, control and supervision, as well as by applying measures of administrative coercion.
 The need for a two-vector consideration of administrative and legal protection means has been emphasized: their impact is directed both on the taxpayer and on the controlling agencies (revenue and fees agencies).

Legal problems of Chinese travelling at an unreasonable low price

Based on the definition and cause of formation of low-price travel, this paper finds out the defects of current laws and regulations in our country in dealing with this kind of phenomenon, and combines with the international rules, and proposes legal solutions to the unreasonable low-cost travel, which is a long-term unhealthy problem, from the perspective of the three major tourism entities： Through the development of Consumer Protection Law, Tourism Law, Guide Management Measures and other tourism-related laws, which are more authoritative and have more clear definition and stronger operability, to regulate the behavior of tourism practitioners and eliminate the chain of interests between tour operators and tour guides. To guide tourism consumers to establish correct consumption concepts and safeguard rights awareness through legal means and government services, for example, tourism-related departments can set up tourism service network platform and issue tourism service alerts. At the same time, China should make special provisions to protect the rights and interests of tourism consumers in the relevant laws and regulations on tourism, making full use of the coordination among laws such as the Consumer Protection Law, Tourism Law and Contract law, making clear in the law the channels of tourism complaints, litigation and relevant responsible departments, ensuring that the door is wide open for the protection of rights, and through expanding channels for the protection of rights to reduce the cost of rights protection and strengthen the protection of consumer rights in tourism. To establish and improve a modern tourism legal system based on the basic tourism law and supplemented by various tourism laws and regulations, considering the national conditions of China. At the same time, we should strengthen the provisions on legal relations in tourism in other laws, making good coordination among legal departments such as the Consumer Protection Law, Criminal Law, Tourism Law, and Contract law, so as to form multiple joint efforts and enhance comprehensive law enforcement, and ultimately to improve the government's legal supervision.

Research on Procuratorial Organs Bringing Environmental Public Interest Litigation

The procuratorial organ is a state supervisory authority and has the power of legal supervision. Giving the procuratorial organs the qualifications for public interest litigation not only has a theoretical basis but also a realistic basis, which helps to solve the problem of difficult evidence collection and high litigation costs in environmental public interest litigation. In the civil environmental public interest litigation, the procuratorate has the dual status of the plaintiff and the legal supervisor, and will not naturally conflict with each other. However, due to the special nature of environmental problems, the relevant administrative departments should be given priority to the environmental problems discovered by the procuratorial organs. Only when the environmental protection supervision departments are exercising their powers, should the procuratorial organs initiate environmental public interest litigation. For civil environmental public interest litigations that have been criminally sentenced or are in the process of criminal prosecution, the procuratorate can make full use of the evidence that has been obtained and identified.

A Legal Analysis on the Construction of Chinese Monetary Union in Four-Regions of China across the Straits

As a united country, there are four currencies in China, including Mainland, Hong Kong, Macao and Taiwan (hereinafter referred to as “the Four Regions”). The realization on the construction of Chinese Monetary Union in the Four Regions is a crucial step to realize the strategy of the RMB internationalization, and it will make great progress in the promotion of China’s economy. The similarity in economic structure and the high dependence on trade make it feasible to construct a Chinese Monetary Union among the Four Regions, however, challenges from legal, political and economic problems still exist. The theory of optimum currency area and the experience and practice of European Currency Union will provide a proper basic theory and the best model to construct the Chinese Monetary Union. While Chinese Monetary Union cannot be realized overnight, it requires a gradual promotion by stages as well as a thorough legal supervision by providing guarantees. From the respect of strategic planning, monetary integration between Hong Kong and Macao would be the first step, then turn to realize the integration between Hong Kong, Macao and Mainland China, monetary integration within the four regions shall be realized at the last stage. In addition, from the perspective of constructing an effective economic and legal system, it is necessary to simultaneously promote the construction of unified institutions, develop the offshore RMB market, construct the RMB fund, exchange rate evaluation system and other economic systems, as well as the construction of relevant legal systems, so as to guarantee the effectively operation of the Chinese Monetary Union.

The Fundamental Constitutional Principle of Democracy and the Rule of Law and the Supervision of Legality on the Grounds of the Basic Law of Finland

The Fundamental Constitutional Principle of Democracy and the Rule of Law and the Supervision of Legality on the Grounds of the Basic Law of Finland

Responsibility of the supervisor regarding illegal acts of patients of mental illness -With a focus on a dicussion concerning the agent of responsibility under Article 755, Clause 1 of the Civil Code-

Responsibility of the supervisor regarding illegal acts of patients of mental illness -With a focus on a dicussion concerning the agent of responsibility under Article 755, Clause 1 of the Civil Code-

Problémás magánjogi elemek a helyi rendeletalkotásban

Local governments may establish legal relationships governed by civil law in numerous ways, for example, through the creation of associations, various institutional agreements or they can also do so by means of enacting regulations. In line with the stipulations of the Fundamental Law of Hungary, local governments may adopt regulations on two legal bases: if authorized by law or if they want to regulate a local public affair; however, the regulation may not contradict any higher form of legislation. While in the first case it is not only the right but also the obligation of local governments to enact regulations that can even be sanctioned, in the second case it is almost completely optional. The scope of public affairs regulated by local governments is rather broad. While the smaller local governments typically limit their activities to the regulation of the most urgent matters, the larger local governments enact regulations in a wide range of issues also due to the volume of their responsibilities. In many instances a part of these regulations does not remain within the framework of supremacy but also includes numerous elements of civil law. These could include matters related to parking or municipal housing, as well as problems in connection with public services. Norms regulating peaceful public coexistence represent a separate subject area as in many cases they wish to regulate legal relationships pertaining to privacy. In the case of the latter issue, the clause stating that the local regulations shall not contradict any higher form of law is especially central, as it necessitates the extensive knowledge of civil and in some cases even constitutional law to ensure that such a regulation is enacted that fully complies with the laws.
 This paper introduces and examines those local government regulations that include elements of civil law also and which typically cause problems, with special emphasis on the rules of peaceful public coexistence. Some of these problems are revealed within the scope of legal supervision practiced over local governments, while in other cases the body reviewing the regulation acts in response to citizens’ initiatives.