Edited by Liu Yanhong. Southeast law is a continuous academic publication founded by Southeast University School of law in 2008. It is divided into two volumes each year, spring volume and autumn volume.
Based on independent academic research, the journal closely tracks the theoretical frontier and actively pays attention to the practice of the rule of law, aiming to promote the prosperity and development of the construction of the rule of law and legal research.
Since its inception, the journal has its own characteristics of traffic law, engineering law, medical law and legal big data research. At present, it has many sections, such as "famous forum", "characteristic disciplines (traffic law, engineering law, medical law, legal big data)", "Youth Forum", "legal education" and "foreign law translation cluster".
The editorial department of this journal promises to give priority to the publication of excellent contributions in interdisciplinary fields such as traffic law, engineering law, medical law and big data of law, and to invite domestic and foreign comparative law research experts to translate and introduce key legislative texts in foreign countries from the standpoint of "learning is the public instrument of the world".
In order to improve the work efficiency, this journal adopts the two-way anonymous review system. In order to improve the work efficiency, it adopts the online electronic editing platform to process contributions, and no longer accepts paper contributions and other forms of contributions. The author is requested to register on the platform of southeast law (http://dnfx.cbpt.cnki.net) and contribute online.
Table of contents and summary
[theoretical frontier]
1. The influence of Soviet civil litigation theory and legislation on China
Li Hao, Professor, School of law, Nanjing Normal University, researcher, China modernization Institute of rule of law.
Abstract: in the early days of the founding of new China and around 1978-1982, the Soviet civil litigation theory and legislation had a significant impact on China. In the early days of the founding of new China, the teaching of civil procedural law was almost introduced from the Soviet Union. Soviet scholars' theories on the right of action, state intervention and objective reality had a profound impact on the relevant theories of China's civil procedural law. The first civil procedure law of the people's Republic of China enacted in 1982, no matter in the legislative concept or in the structure, principle and procedure, has many places to learn from and learn from the Soviet code of civil procedure. The appearance of the above phenomena has both historical inevitability and realistic rationality.
2. Dilemma and Path Choice -- starting from wechat gambling
Liu Jixiang, Dean, professor and master supervisor of School of law and public management, Hunan Business School;
Song fan is the academic secretary of Hunan Education Law Research Center.
Abstract: in the era of intelligent Internet, there is a double-layer society with the same structure of virtual and real. The behavior of setting up casinos in the network field is in a high incidence because of the virtual space and the hidden behavior. The phenomenon of gambling in wechat is particularly serious, although the 105th session of the Supreme People's court However, there are still disputes on the elements of "casino", "gambling capital" and "serious circumstances" in practice. The reasons are as follows: first, there is a gap in the system design of the crime of opening casinos in a two-tier society; second, the development of the theory of the crime of opening casinos lags behind in the process of the change of the network field; third, there is a thinking inertia in the identification of the crime of opening casinos in the traditional physical space. In view of these problems, we should focus on correcting the system defects and redefining the concept of "casino"; return to the identification method of "gambling capital" in the traditional physical space casino to ensure the unification of the identification standards of gambling capital in the double-layer society; adhere to the subjective and objective interpretation method to identify "serious circumstances" and uphold the criminal modesty.
3. Name Registration Ordinance scholars' proposal and reasons
Liu Lianjun, Professor of Law School of Southeast University, researcher of Jiangsu University regional legal development Collaborative Innovation Center
Abstract: the legislation of name registration regulations is not only directly related to the enjoyment of the right of name in the individual public law of citizens, but also closely related to the administration of name registration in the public security organs. Legislators should not be careless. The relevant provisions of the current household registration regulations are quite simple, which makes the practice of name registration lack of legislation. In this proposal draft, the author puts forward systematic legislative suggestions on the basic principles, name setting, name change, registration procedure, legal liability and supplementary provisions of the name registration ordinance, and expounds detailed legislative reasons for each legislative proposal clause. This proposal analyzes the advantages and disadvantages of the current household registration ordinance and the name registration ordinance of the Ministry of public security in 2007, and actively draws on the past legislative experience. At the same time, this proposal also systematically summarizes the controversial focus of many name registration cases in recent years, and puts forward the legislative regulation scheme.
4. The government's effective response and action to the legal service of public welfare
Shi Wenlong, Professor, School of philosophy and law, Shanghai Normal University, doctor of law.
Abstract: legal service for public welfare is a widely used word in recent years, which is highly concerned by the government and the judicial administration. There are relations and differences between public legal service, public legal service and social legal service. We hereby expand the interpretation of public legal services, and divide the interpretation of public legal services into a broad interpretation and a narrow interpretation. It is worth learning from the experience of UK, US, France, New Zealand, Hong Kong and Taiwan. When promoting the public legal service, the Chinese government should innovate the judicial administration with a prudent attitude. When promoting the "public legal service", the orientation of the government should be guidance and guidance.
[medical law monograph]
5. Clinical research, human experiment and German law
[Japan] Jia feikeze, Professor of legal affairs research, Waseda University, former president of Japan Medical Law Association;
Gao Xiang, associate professor, School of law, Southeast University.
Abstract: in Germany, starting with the study a of ludwigvon bar, a criminal law scholar, there are some discussions on clinical research (Experiment) and human experiment from the beginning of the 20th century to the Second World War. In 1913 On the basis of the proposal of the imperial Health Committee in, the imperial Home Secretary issued to the state governments the "directive on new medical and scientific experiments on human body" B (richtlinien f ü rneuartigeheilbehandlungungfu ü rdie vornahmewissenschaftlicher versucheammenschen). However, as we all know, the so-called "destruction of life without survival value" implemented by Nazis in Auschwitz under the guise of "policy human experiment" or "euthanasia" caused the collapse of medical ethics.
6. Explanation obligation of alternative diagnosis and treatment plan -- a case study of the Supreme Court of Japan
Xia Yun, Professor, School of law, Southeast University.
Abstract: since the tort law stipulates that medical staff should be responsible for the explanation of alternative medical scheme in the diagnosis and treatment activities, relevant judicial proceedings are common. However, because the concept of alternative medical scheme is not clearly defined in the law, the judicial practice is more confused about the treatment of the related obligation of explanation. In view of this problem, this paper makes the following discussion: (1) combing and analyzing our understanding of the concept of alternative medical scheme, demonstrating the definition of alternative medical scheme; (2) investigating, analyzing and summarizing the relevant cases of the Supreme Court of Japan in recent years; (3) elaborating the key points of dealing with the explanation obligation of alternative medical scheme in Japanese law - roughly according to alternative medical scheme Whether the treatment plan is a clinical standard treatment plan is classified, and the generation, scope and degree of the obligation of explanation in various situations are treated differently; (4) the significance of reference for China is discussed.
7. The legal problem of patients' loss of treatment opportunity -- Taking the case of death caused by wrong connection of emergency vehicle to others
Zhang Guang is a lawyer of Beijing Deheng Law firm.
Abstract: at present, the theory of the loss of treatment opportunity has not been written into the tort law system in China, but in the countries of common law system, the loss of treatment opportunity may directly lead to the occurrence of new damage results of patients, and there is a causal relationship between the loss of treatment opportunity and the damage results of patients in civil law. Strictly speaking, the loss of treatment opportunity is in line with the constitutive requirements of tort law in China. This paper discusses how to judge the loss of treatment opportunity and the possibility of fault and expectation of related behaviors, in order to provide a reference for the practice identification of related treatment opportunity loss.
[legal contending]
8. Rule by man and rule by ceremony: differences and references
Ma Ling, Professor, School of political science and law, Chinese Academy of social sciences.
Abstract: the traditional Chinese society is not a complete rule of man, but a combination of rule of man and rule of etiquette. The difference between them is that the rule of man is based on man, and man is the highest and changeable; the rule of rites is based on rites, and rites are the highest and stable. The combination of the rule of man and the rule of rites is manifested in the following aspects: the rule of man is the main one for the lower part, and the rule of man is the main one for the upper part; the rule of man is implemented under the normal circumstances, and the rule of man is implemented in case of special circumstances; the rule of man calls on people how to behave in the way of the rule of man, and punishes people's illegal behaviors in the way of the rule of man. Modern rule of law and rule of man are opposite, but they have something in common.
9. Towards the theory of administrative law: on the research and teaching of the history of administrative law in China
Wu Huan, associate professor, School of law, Nanjing Normal University, director of the research center of government governance and administrative law, and researcher of the Chinese Academy of modernization of rule of law.
Abstract: there are a lot of legal thoughts, systems and practices about State Administration in ancient China, which contain rich experience and wisdom of governance. Combined with law research and law education law and practice, as well as related research and teaching experience, the history of administrative law in China is an independent research field of law history, and an independent master's course of law history, which can be built into an independent branch of law history. The history of Chinese administrative law should take the Chinese traditional administrative law culture as the research object, and on this basis, further clarify the research scope, organize the teaching content and update the study methods. To accurately grasp the subject orientation, research object, research scope, teaching content and study method of the history of administrative law of China will help to carry out the relevant research and teaching of the history of administrative law of China more realistically, and then help to realize the academic mission of moving towards the reconstruction of Chinese administrative law through the study of the history of administrative law of China.
10. Investigation and response to the crime situation in China under the background of big data
Wen Zhiqiang, lecturer of Law School of Guangzhou University, executive director of Criminal Law Research Association of Guangzhou law society, doctor of law;
He Xiaoying, master of criminal law, School of law, Guangzhou University.
Abstract: the application of big data technology plays an important role in understanding and mastering the current situation, characteristics and laws of crime in China, and provides new technical support and path for crime investigation, control and prevention. In recent years, China's crime situation is still grim, the growth rate of cases is still not reduced, and the social security situation is not optimistic, especially in the field of computer information network security. It includes two categories: the first category is the network alienation of traditional crime, that is, "traditional crime pattern + computer network" mode; the second category is a new type of crime, that is, "illegal access to information and data purpose + infringement of computer network function object" mode. This puts forward a new challenge to the criminal investigation and control in the new situation of our country. Under the background of big data, China's crime prevention and control is facing