Main contents and abstracts of legal papers
1. Between "ethics" and "morality": A Study on the basis of moral obligation
Gao Zhaoming Institute of moral education, Nanjing Normal University
[Abstract] both "Socrates' self argument" and "Eichmann's self argument" seriously raise the question of the basis of moral obligation and its reasonable limit. According to Hegel's view, duty is to fulfill its duty, which has two aspects: ethics and morality. The normative requirements in the specific ethical order are ethical obligations, and it is moral obligations to listen to the voice of the heart out of conscience. The essence of the former is to adhere to the normative requirements of ethical order, while the core of the latter is to listen to the voice of conscience. In the modern society of rule of law, the basis of moral obligation is neither pure ethics nor pure morality, but ethics priority in the weak sense between ethics and morality, that is to say, while insisting on the priority of constitutional order of rule of law, it also reserves space for conscience.
Keywords: ethics and morality; Hegel; Socrates' self-defense; Eichmann's self-defense; weak sense of ethics first;
2. On the judicial problems of illegal fund-raising crime
Peng Xinlin Institute of criminal law, Beijing Normal University
Abstract: the crime of illegal fund-raising is a stakeholder type economic crime, which has many problems in the judicial practice, such as the difficulty in identifying the joint crime, the difficulty in positioning the litigation status of fund-raising participants, the difficulty in cross handling between criminal and civil, and the difficulty in property disposal. To judge the criminal intention of the joint crime of illegal fund-raising, we should base on the common theory of behavior and seriously consider whether the criminal intention of collusion exists for the purpose of illegal possession. Based on the theory of the domination of criminal facts, we can accurately grasp the boundary standard between the principal and the accessory of the crime of illegal fund-raising. The determination of the amount of crime in the joint crime of illegal fund-raising should adhere to the position of sharing the amount and identifying separately. As for the phenomenon of criminal and civil overlapping in the crime of illegal fund-raising, we should deal with it according to the principle of punishment before civil according to whether the participants of fund-raising have been compensated through civil litigation. Based on the dual attributes of the identity of fund-raising participants, we should position them as special victims, fully protect their substantive rights, and implement limited protection of litigation rights. For the difficulties in the disposal of criminal property of illegal fund-raising and the shortcomings in the criminal disposal procedure of the property involved in the case, effective measures should be taken to solve them, including taking "protective measures" in the recovery of stolen goods and losses, rationally determining the subject and responsibility of the return and compensation, and realizing the organic connection of criminal recovery, return and compensation and bankruptcy procedure.
Keywords: illegal fund-raising crime; fund-raising participants; joint crime; criminal civil cross; property disposal;
Fund: the 2018 ministerial legal research project "Research on criminal regulation of illegal fund-raising on P2P network platform" (CLS (2018) Y4) of China law society is a phased achievement;
3. The internal logic of a society ruled by law
Yang Jian Law School of Nanjing Normal University
Abstract: the concept of a society ruled by law emphasizes not some kind of "autonomous" social rule of law, but the organizational conditions on which an autonomous and healthy modern society can survive and operate. It is a series of normative propositions put forward by the government as the guarantee and leading governance of modern society. This explanation can be proved by discussing the basic characteristics of modern society, the organizational requirements generated by the basic characteristics and the formal principles in line with the requirements of this organization in a logical order. With the rule of law as the basic organization principle, the organization and operation of the society should adjust the keynote of utilitarian calculation and abide by the basic requirements of space.
Keywords: rule of law society; political modernization; organizational principles; cooperative autonomy; rule of law modernization;
Fund: 2018 youth fund project of the Ministry of education "legal meaning of a better life and construction of legal theory discussion system" (18yjc820081); one of the results of 2017 general project of the Ministry of justice "network community research in the construction of a legal society" (17sfb2002);
4. Economic opportunity, public service and villagers' participation in autonomy: evidence from China's family dynamic tracking survey
School of international relations and public affairs, Fudan University, Gu Yanfeng, Iceland
[Abstract] Based on the data of China's family dynamic tracking survey, this paper investigates the rational logic of individual tools behind the voting behavior of village committees. It is found that the more economic opportunities and public services the village provides, and the higher the dependence of livelihood on these resources, the higher the participation rate of village committee election. The results of heterogeneity effect model further show that the incentive effect of voting participation brought by economic opportunities and public services in villages will increase significantly with the increase of the interest relevance between villagers and village committees. In order to improve the mass basis of rural grass-roots autonomy, we need to vigorously develop the rural local industrial economy and improve the level of rural public services.
Keywords: autonomy participation; economic opportunity; public service; village committee election; grass roots autonomy;
Fund: phased achievements of Shanghai Education Development Foundation and "morning light plan" of Shanghai Education Commission;
1. Journal of Southeast University (SOCIAL SCIENCE EDITION); 2. Sponsor: Southeast University; 3. Issue: bimonthly; 4. Place of publication: No.2 Sipai building, Nanjing, Jiangsu Province; 5. Post code: 210096; 6. E-mail: skxbzf@163.com