Social Public Interest Research Articles

Objective Behavior Determination of the Crime of Obstructing Drug Administration

In order to further regulate the borderline behavior of drug crimes and protect the social public interest, the Amendment (XI) to the Criminal Law made a legislative response to this, adding a crime of interfering with drug administration after Article 142 of the Criminal Law. The appearance of this crime broke the traditional system which mainly harms human life and health and drug management order, and reconstructed the drug crime system. In the drug crime system, there are many views on the doctrinal study of the crime of interfering with drug administration, but on this basis, there are still some problems in the judicial determination of the crime of interfering with drug administration, which are also the focus of this paper. Under the background of the newly regulated drug crime system and the increase of the crime of interfering with drug administration, it is urgent to take the difficulties arising from the judicial application process as the important difficulty, which is mainly the identification of four kinds of illegal and interfering acts in its objective elements. This paper discusses the difficulty of identifying the crime in judicial practice, so as to provide some reference and guidance for the judicial practice of the crime of obstructing drug control in our country, so as to avoid the false judicature and misjudgment.

The social public interest in China's employment anti-discrimination laws and its realisation paths

ABSTRACT Despite its close relationship to employment rights, the concept of the public interest in labour law lacks extensive discussion. Even fewer scholars have studied employment discrimination in China from this perspective, despite China signing many international Conventions and Recommendations related to employment rights. This article analyses the social-based attributes in China's employment anti-discrimination laws, arguing that the laws should prioritise the protection of public interests. It then distils the connotation of the social public interest carried by the laws from the perspectives of legal values, the independence of legal interest, and legislative purposes. Subsequently, this article examines the implementation of the laws at judicial and administrative levels, identifying limitations in individual-oriented approaches and deficiencies in safeguarding the public interest. These limitations and deficiencies primarily manifest in the fact that labour agencies generally do not accept employment discrimination complaints or subtly exclude hiring processes from the scope of administrative enforcement, while courts are accustomed to a private law rationale of compensating for actual losses. Accordingly, this article suggests establishing and maintaining a fair labour market competition order by imposing punitive damages to deter potential discrimination, activating administrative enforcement to rectify past discrimination, and guiding employers to proactively assume social responsibility.

The Boundary of the Reduction of Citizens’ Right to Education in Major Public Emergencies

The boundary of the reduction of citizens’ right to education in major public emergencies is an important practical issue that adheres to the rule of law principle and the bottom line of social justice. Understanding the constitutional connotation of the right to education and judging whether the major public emergencies represented by the COVID-19 pandemic can provide a legitimate basis for its reduction is an important premise for the study of this issue. According to the relevant provisions of China’s Constitution and laws and the academic research on the connotation of the right to education, the right to education is the basic right of citizens, with the dual attributes of right and duty, freedom and social rights, equality and process. According to the theory of “minimum human rights” and “non-derogable rights”, major public emergencies can provide a certain justification for the reduction of the right to education, but this kind of reduction has a boundary. In constructing the boundary of the reduction of the right to education, the bottom line should be that the substance of the right to education should not be violated, the coordination and unity of the individual interests of educated citizens and the social public interests to curb the spread of the epidemic should be the key, and the principle of proportionality should be the guideline.

Research on Compensation System for Ecological Environment Damage—Taking Ganzi Prefecture of Sichuan Province as an Example

The construction of ecological civilization is a process of sustainable development. Environmental protection extends from individual interests to social public interests, from general tort compensation to environmental public interest litigation and ecological environmental damage compensation, which effectively improves the ecological environment. As the most important natural forest distribution area in Sichuan Province, Ganzi Prefecture is an important part of the ecological protection barrier and “China Water tower” in the upper reaches of the Yangtze River and the Yellow River. It is rich in forest, grassland and wetland resources and has a good ecological environment. This paper mainly makes an empirical study of the ecological environment damage compensation system in Ganzi Prefecture, and puts forward some suggestions for improving the system.

중증장애인생산품 우선구매제도의 사회적 가치 규명

The purpose of this study is to measure the social value of the preferential procurement of products manufactured by persons with severe disabilities. To this end, domestic and foreign preceding studies were reviewed, and based on this, stakeholder interviews were conducted. Looking at the results of the study, first of all, from the perspective of disabled workers, the preferential purchase system for products produced by the severely disabled contributed a lot to the increase in income, Employment through the preferential purchase system was found to have a positive effect on improving social ties and psychological stability. Next, in terms of families with disabilities, it was found to be helpful to household income, and it was said that it had a positive effect on family relationships. From the perspective of business owners, all participants said that preferential purchase had a positive effect on job creation for the disabled, securing stable sales channels, and increasing sales. Finally, in terms of government (social public interest), all interviewees said that priority purchase has a positive effect on raising awareness of products produced by the severely disabled, creating jobs for the disabled, reducing social security costs, and increasing tax revenue. As such, it was confirmed that the preferential procurement of products manufactured by persons with severe disabilities has social value that positively affects not only disabled workers in vocational rehabilitation facilities but also various stakeholders.

Analysis on the Path of Anti monopoly Regulation in the Field of Platform Economy

In the context of the digital economy, the Internet platform economy has gradually matured and developed, gradually flooding the domestic and foreign markets with its intelligence and efficiency. Various platforms such as e-commerce platforms, social platforms, mobile payment platforms, etc. have been integrated into our lives. At the same time, competition in this field is also gradually intensifying. In order to gain competitive advantage, the abuse of market dominance such as big data killing on the platform and restricted trading in one of two options has become increasingly fierce, seriously damaging the network market environment and social public interests, as well as the legitimate rights and interests of consumers and businesses within the platform. This article is mainly based on the "Anti monopoly Law of the People's Republic of China", the "Anti monopoly Guide in the Field of Platform Economy", as well as relevant laws and regulations and relevant cases at home and abroad, providing a certain reference for the maintenance of order in the field of platform economy and the optimization of the platform market environment.

The Combination of Smith's Egoism and Social Public Interest --Taking the Constraint on Egoism as a Perspective

The combination of egoism and the social public interest is one of the topics that have been widely discussed in Adam Smith's two books, The Theory of Moral Sentiments and The Wealth of Nations. Based on the long-standing research on this topic in China, this paper selects the constraints on "egoism" common to both works to clarify the connection of "egoism" and the social public interest. Then it is conducive to understand more clearly the intention of this philosopher and economist, and to alleviate the long-standing ambiguity about the contradiction between the two views.

Research on Subject Qualification of Anti-Monopoly Civil Public Interest Litigation

In recent years, with the development of the market economy, the number of illegal monopoly cases is increasing. The new Anti-Monopoly Law of the People's Republic of China (hereinafter referred to as the New Anti-Monopoly Law) was amended on June 24, 2022, in order to better maintain the order of the market economy, crack down on monopolistic behaviors and improve the legal system in the anti-monopoly field. Since then, the anti-monopoly civil public interest litigation system has formally entered the field of anti-monopoly law as a new system. However, the revised Law does not make detailed provisions on the civil public interest litigation system. In terms of the provisions on the subject of public interest litigation, the current law only stipulates that the procuratorial organ is the subject that can initiate public interest litigation, which makes it difficult for some cases infringing on social public interests to be well resolved through public interest litigation. Therefore, this paper will take Article 55 of the Civil Procedure Law and Article 47 of the Protection of Consumer Rights and Interests as the basis point, and briefly introduce the relevant provisions on the subject qualification of the anti-monopoly civil public interest procedure law in foreign jurisdictions. Based on this view, it is necessary for the main body of anti-monopoly public litigation to become more diversified to ensure that the main body of litigation can play substantial effect in judicial practice.At the same time, it is necessary to improve the existing procedures and improve the related supporting subjects' difficulties in providing evidence and the lack of litigation incentives , so as to provide ideas for the improvement of the subject qualification of public litigation in the field of anti-monopoly law.

A Discussion on the Humanistic Orientation and Mission of Science and Technology

Science and technology are the key driving forces for promoting productivity progress. The original intention and fundamental goal of the emergence and development of science and technology is to continuously improve and optimize the environment for the production, life, and development of the public, providing a material and spiritual foundation for human society to move towards a higher form of civilized society. The development of science and technology is closely linked to the enhancement of social public interests. If we overly focus on the economic efficiency of science and technology and neglect its social efficiency, science and technology will inevitably deviate from its original intention of emergence and development, and become a tool for capital to pursue efficiency. Dealing with the efficiency relationship between science and technology at the micro and macro levels, grasping the rhythm of scientific and technological innovation and progress, is conducive to helping us walk out of the Western style scientific and technological innovation and development path of “capital replacing labor”, and returning scientific and technological innovation and development to the original path of “people-oriented”. Only when scientific and technological innovation and progress are highly consistent with the public interest can science and technology reflect its due social value, avoiding it ultimately becoming a value tool for private capital to pursue profits.

Discussion on the construction path of the compliance non-prosecution system

Chinese compliance non-prosecution system conforms to the criminal policy of "combining leniency with strictness" and social public interests, and helps people's procuratorates to fully participate in social governance and prevent enterprises from committing crimes again. The current pilot units in China mainly adopt the mode of relative non-prosecution and conditional non-prosecution. The former is inconsistent with the value pursued by the compliance non-prosecution system, and the latter should be reformed in a targeted manner. The applicable object of the compliance non-prosecution system shall be the large and medium-sized enterprises, and shall not be subject to the influence of the degree of criminal penalties. Moreover, the people's procuratorates shall apply the system to the large and medium-sized enterprise that conforms to the social and public interests, pleads guilty and accepts punishment, and is possible to transform successfully, and shall decide to prosecute or not prosecute the enterprises involved in criminal cases according the effectiveness of the special compliance rectification plan and the relevant compliance management system of an enterprise.

Views about Balance of Multiple Interests in the Regulation of Anti Unfair Competition Law on Enterprise Data Crawling

Rapid innovation and widespread application of information and digital technologies encourage the continual growth and reconstruction of classic business models and market operation behaviors. The Internet economy has induced many new sorts of unfair competition while stimulating entrepreneurship and unleashing technological innovation dividends. Data crawling consumes a significant amount of Internet traffic because it is a cost-effective data collection strategy. It not only encourages data sharing, but it also makes unfair competition regulation more difficult. We should pay attention to assessing difficulties from the standpoint of interest concerns in the regulation of data crawling under the Anti-Unfair Competition Law, and completely measure whether it harms the interests of operators, customers, and social public interests. We can also use the method of interest measurement to coordinate the interest relationship in order to keep the competitive order and balance multiple interests.

Personal Information Collection and Legal Checks and Balances after "Code"

"Health code" collect personal information for disease prevention and control is to protect the legitimacy of social public interests, but in the absence of regulation, lack of personal information protection consciousness, coupled with the collector to exercise is not fully follow the principle of proportion to the epidemic prevention and control power, makes the personal information collected by excessive did not get effective protection, a series of bad consequences.Health code collection of personal information should adhere to the principle of "minimum necessary", and ensure public awareness in the collection process, and improve the post-collection procedures of personal information, including the localization of anonymity and the right to be forgotten.

Application of Internet and Big Data Technology to Give Full Play to the Function of Procuratorial Civil Public Interest Litigation in China

The procuratorial civil public interest litigation system is a kind of legal system, which will realize certain legal functions. As an important way for procuratorial organs to exercise their functions and powers, procuratorial civil public interest litigation system in China has many functions: on the one hand, it has the core function of protecting social public interests; on the other hand, it has the main function of enforcing laws, forming public policies and promoting social governance; and it has the guiding function of providing reference for similar reforms. How to fully give play to the function of procuratorial civil public interest litigation, the big data is an important means. Procuratorial organs should make full use of the information of data platform, and enhance the joint efforts of public welfare protection, and set up the thinking of handling cases with information and improve application ability, so as to plug in "wisdom wings" for the procuratorial civil public interest litigation.

Cause Analysis and Enlightenment of “Certainty” in China’s Anti-monopoly Administrative Law Enforcement and Prospect of Law Enforcement in Tobacco Industry

China’s anti-monopoly administrative law enforcement is highly certain, that is, most parties generally abandon the filing of administrative lawsuits after receiving the punishment decision made by the anti-monopoly law enforcement agency. “Certainty“ is formed by the three factors: illegal acts generally lack actionable value; the parties lack reasonable expectations towards changing the punishment way and reducing the punishment amount; and there are abundant formal punishment and substantive reconciliation. In this context, it is necessary to build scientific law enforcement rules and flexible law enforcement mechanisms to reduce false interventions in “false positives”. At the same time, we need perfect the anti-monopoly follow-up litigation to reinforce the link between anti-monopoly civil litigation and administrative law enforcement. However, in industries with monopoly license such as tobacco industry, it is also necessary to explore the establishment of a public interest litigation mechanism to protect the interests of market subjects at the same time of safeguarding social public interests.

Research on the Utility and Efficiency of Public Management Supported by Computer Big Data

In recent years, my country has provided a large amount of capital and talent training output in public management. In order to strengthen the efficiency of my country’s public management, with the support of the computer big data model, people’s lives have been faster and better. With the support of computer big data, some support on the Internet can appear in people’s lives faster and better, and strengthen people’s awareness of protection of public management. In the 21st century, under the background of the Internet, people’s awareness of public management, and in recent years, the government has also strengthened the direction of public management. In order to make public management better in life, the purpose of increasing public management is undoubtedly to ensure the beauty of mankind. Healthy living needs. It is also an inevitable requirement for achieving common prosperity. In the process of public management practice, opportunities and challenges coexist. Increasing the supervision of the talent market and increasing the awareness of citizens are all for the sake of public management to a better degree, as China’s economic development changes. Reform and development of China’s social economy unconsciously take a step forward, and the proportion of public management in China’s economy is more important. Only when public management is better completed can we move towards a new social process. Public management is With the Chinese government as the core of the various departments to cooperate, so that public public management can better play, public management is diversified. Including two major categories of social public organizations and other social organizations [1]. The purpose of public management is to promote the overall coordinated development of society and to promote the realization of social public interests.

Research on Forest Certification, Enterprise Reputation and Enterprise Value

Introduction According to the principles and standards of forest certification system, enterprise implementation was composed of execution of laws and regulations, establishment and implementation of sustainable management planning, environmental protection and the maintenance of social public interests, and the relationship model was built among forest certification, enterprise reputation and enterprise value. An empirical test was made by using SPSS13 and AMOS17.0 on the data from design questionnaire. The results show that establishment and implementation of sustainable management planning and maintenance of social public interests not only directly drive enterprise value, also indirectly drive enterprise value through enterprise reputation promotion and stakeholders recognition, meanwhile the execution of laws and regulations and environmental protection cannot directly drive enterprise value, but can indirectly drive enterprise value through the enterprise reputation promotion and stakeholders recognition, furthermore, enterprise reputation and stakeholders recognition significantly drive enterprise value, while enterprise reputation also promotes stakeholder recognition.

Human-Oriented Smart City Planning and Management Based on Time-Space Behavior

To improve the quality of life, human-oriented smart city planning and management based on time-space behavior was studied. First, the basic theory of time-space behavior and smart city was introduced. The relationship between public participation and smart city construction planning was analyzed, and the positive and negative significance of public participation in smart city construction planning was expounded. Then, the mechanism for public participation in smart city construction planning was proposed. Finally, public participation in smart city construction planning was analyzed from the perspectives of power balance, interest coordination and safeguard measures. The results showed that public participation in smart city construction planning was an important manifestation of the realization of public democratic rights. The scientific nature and feasibility of smart city construction planning was enhanced. The smooth implementation of smart city construction planning was an important foundation for promoting smart city construction. Therefore, public participation is an important way to safeguard social public interests and build a harmonious society.

Reflection and Improvement on the Injunctive Relief Legislation of Standard Essential Patents

Since standard essential patent（ SEP”）is a special result of mutual combination of patent and standard, and both the connotation and enforcement of SEP are significantly different from that of general patents. Injunction is an essential remedy enjoyed by patentees to assert their own legal interests through the patent law. Nevertheless, when it comes to SEP, the traditional principle that injunction must be issued” might lead to patent hold-up”, breach FRAND commitment, or even endanger public interests. So it is necessary to limit injunction of relief SEP patentees rationally. Till now, in order to solve the international problem of injunction abuse by SEP holders, Chinese legislators have promulgated restrictive rules of injunction relief in relation to SEP. However, when reflecting on these laws and regulations, we could find that the newly-established system still comes with some flaws: firstly, current rules are only applicable to some standards, and some rules concerning the same content differ from each other significantly; secondly, the expression of relevant rules is vague and there might be contradiction between some provisions; thirdly, some provisions provide over-protection for rights and interests of SEP users, while public interests are ignored. It is no doubt that, acting as the direct legal basis of injunction issuance, the flaws mentioned above would seriously damage the enforcement effect of this system, which is against original intention of the legislators. It is in urgent need of modifying and improving the current rules so as to provide guidance for relevant parties to stick to FRAND commitment, to negotiate in accordance with principle of honesty and credibility and prevent patentees or users from seeking unjust benefits through making use of injunction relief, so as to unit good law” and well governance”. To be more specific, firstly, two pre-conditions shall be made clear from macro perspective, namely roles played by patent law and anti-monopoly law respectively should be clarified: the former is responsible for the adjustment to seeking injunction relief behavior which is inconsistent with the purpose of injunctive relief system, and aims at the balance of interests between SEP patentees and users, while it focuses on social public interests too; in order to maintain fair competition in the market, the latter is required to regulate abuse injunction relief right to eliminate or restrict competition. Secondly, as patent implied license make it hard for the patentees to obtain incentive rewards, it is necessary to avoid this practice. Finally, requirements for SEP patentees and users to obtain injunction and resist injunction shall be listed respectively. The obligation of FRAND license shall originate from relevant statement made by the patentees instead of compulsory laws or regulations. Last but not least, it shall make involved type of standard as reference for whether issuance of an injunction would bring any effect to public interests and how serious the effect would be.

China s Religion and Socialism since the Reform and Opening Up

개혁 개방 후 중국의 종교정책에 대해서는 통설이 없을 만큼 다양한 해석이 나오고 있다. 무신론적인 세계관을 가지고 있는 중국공산당이 유신론인 종교와 종교신도들에 대해 어떤 인식변화와 정책변화를 보여주고 있는가 하는 것은 사회주의 중국의 현실과 장래 진로를 이해하는데 매우 중요한 하나의 판단 근거가 될 것이다. 본고는 개혁 개방 후 변해온 중국공산당의 종교정책과 종교이론을 분석하여 중국의 종교 현실을 심층적으로 이해하기 위한 목적으로 씌여진 것이다. 이러한 목표를 달성하기 위하여 개혁 개방 후 중국공산당의 종교정책의 변곡점이 되는 1993년 중국공산당 총서기 강택민의 세구절(‘三句話’)의 핵심 내용을 집중 분석대상으로 삼았다. 세구절에서 제시된 종교 신앙의 자유정책 관철, 종교사무의 법적관리, 종교의 사회주의 사회 적응을 위한 적극적 인도는 개혁 개방시대 중국의 종교정책의 중심내용인데 그 가운데서도 핵심사안인 종교와 사회주의 사회와의 상호 적응 문제를 이론과 정책면에서 분석하고 종교신앙의 자유와 종교사무의 법적관리와 어떤 상관관계에 있는지 밝혔다. 중국공산당의 종교인식 변화와 관련하여 종교3성설 그 가운데서도 장기성과 군중성을 중심으로 분석하여 장기성과 군중성에 인식변화가 종교신앙의 자유정책에 어떻게 반영되었는지를 살폈다. 아울러 종교사무의 법적관리라는 법치의 명분으로 시행된 일련의 조치들이 실제 종교신앙의 자유에 어떤 영향을 미칠 수 있는지를 살펴 공산당의 종교정책과 종교공작 그리고 정부의 종교행정이 종교신앙의 자유를 제약하거나 통제할 수 있는 여지가 다분함을 밝혔다.Since China s Reform and Opening up, various interpretations have been made to the changes of China s Religious Freedom Policy. The ways the Communist Party of China, which has atheistic view, shows the changes in perception and policies on religion and religious believers will build significantly important judgment grounds for better understanding of the reality and future of Chinese socialism. This study 1) reviewed the regulations with regard to the freedom of China s religion, and 2) identified China s freedom of religious belief the Chinese government has accepted is not a broad sense of freedom which can guarantee the freedom of religious activities, but a narrow sense of freedom in inner beliefs and thought to maintain minimum religious activities. Focused on the theory of Religious Continuity, nevertheless, the study investigated the changes in perception of Communist Party of China on either the theory of Religious Opium of China, which has been an instrument of religious persecution, or the theory of Religious Extinction of China, and has found out that the Communist Party of China well coped with the theory of Religious Opium of China and reshaped the theory of Religious Extinction of China so that religion could make a positive contribution to the society. The findings of this study further indicated that with rapid development of socialist society s change, religion is facing rapid improvement period and has continued to grow not allowing the artificial destruction or suppression since it takes social public interest functions that both communists and communist ideology hardly fulfil. Today, Chinese society s related religious topics can be mutual adaptation of religion and socialism, and deeping and widening of religious social function.

Revisiting Fiat Regime’s Attainability of Shari’ah Objectives and Possible Futuristic Alternatives

Maqasid of Shari'ah is a millennium old theory on the higher objectives of Islamic divine law. As the discipline of Islamic economics and finance grew in politico-economic importance in the past three decades, a cathartic trend has emerged among Muslim experts to realign economic and financial practices with not merely the minimum legal requirements of religion but also the wisdom and crucial objectives of Shari'ah. An expositive example of this is the monetary economics debate of a Shari'ah consonant currency. Though vast majority of religious clerics have approbated fiat and paper currencies in strict legal terms since the 1980s, a revisionist movement since the mid-1990s seeks to counter it—some going as far as indorsing reversion to gold and silver coinage of medieval Islamic epoch of affluence. Unlike orthodox fiqhi (strict jurisprudentialism) approach that involves legalese with little leeway, Maqasid approach concerns itself with the spirit of the law. This paper operates in the exciting laboratory of Maqasidic framework to appraise the multitudinous role of fiat currency in protecting economic, political, and social public interests, prevention of harm, promotion of egalitarianism, and attainment of ultimate utopic vision of theological and spiritual demands in Shari'ah. The paper contributes, theoretically, by introducing several moral-philosophical arguments against fiat’s compatibility with Shari'ah, and, practically, by prognosticating the future course of discourse in light of advancements in technological innovations—including nascent crypto-currencies.