Ships' ballast water carries the risk of expanding the scope of nuclear wastewater pollution, especially in inland waters and waters near port cities that are not accessible via conventional ocean current transmission routes. The control and management of ships' ballast water in the context of nuclear wastewater discharge is still blank in terms of international treaties, domestic legislation, and administrative regulations. This paper employs empirical and literature research methods, combined with practical experience in shipping such as that related to ships and ports, and an analysis of relevant legal literature, to explore the urgent need for legislation on ships' ballast water management in China in the context of nuclear wastewater discharge from both practical and theoretical perspectives. Research has found that although the International Convention for the Control and Management of Ships' Ballast Water and Sediments provides a basic framework for ballast water management globally, it has not made specific regulations on the spread of radioactive wastewater in the new context of nuclear wastewater pollution. Although current domestic laws in China address ballast water pollution to some extent, there is a lag in legislation and law enforcement regarding the spread of nuclear wastewater pollution, and there is a lack of specific punishment measures and prevention and control mechanisms. The spread path of ships' ballast water exhibits regional differences, discontinuity, and potential hazards, making it one of the important carriers of nuclear wastewater pollution diffusion. This spread method goes beyond the conventional ocean current diffusion path and brings unpredictable ecological risks to China's inland and coastal port waters. Therefore, legislation on the management of ships' ballast water shows significant legitimacy and urgency. Legislation should be based on China's current legal system and international conventions, to establish stricter standards for the discharge of ships' ballast water, and to refine the areas and technical requirements for ballast water exchange, in order to prevent ballast water contaminated by nuclear wastewater from flowing into inland or port waters through ships. This paper argues that future legislation should not only focus on addressing Japan's nuclear wastewater discharge incident but also optimize China's ballast water management system for ports and ships from a more comprehensive perspective, thereby establishing a legal barrier against nuclear pollution, ensuring China's ecological environment security, maintaining the ecological balance of inland and marine waters, and providing Chinese wisdom for global marine environmental governance.

With the popularization of the mobile Internet,the short video industry has experienced rapid growth.In particular,short videos represented by short movie narration videos have sparked controversies over fair use in secondary creation.This paper investigates controversies over fair use in secondary creation of short videos and its governance strategy,aiming to promote the healthy development of secondary creation of short videos while strengthening the protection of intellectual property rights.This paper takes short movie narration videos as the research object,conducts a systematic analysis from four dimensions of jurisprudence foundation,support basis,controversial focus,and governance suggestions,and explores the definition standard of fair use in secondary creation of short videos and its problems in practical application by reviewing relevant laws and regulations worldwide and incorporating case studies in judicial practice.Although the originality of the text,picture,and style of short movie narration videos supports its fair use,these elements are also susceptible to realistic disputes about overuse,commercial interests,and market damages.The fair use in secondary creation of short videos is a complex issue involving multiple dimensions such as law,economy,and society.Constructing a sound copyright authorization system,optimizing platform operation and management,and improving the legal system to support judicial protection of legitimate rights and interests can effectively resolve disputes over fair use in secondary creation of short videos and promote the healthy development of the short video industry.This paper innovatively takes short movie narration videos as the research object,systematically analyzes their fair use in secondary creation,and proposes specific governance strategies.This paper not only enriches the theoretical research on short video copyright protection but also provides valuable references for practical applications.

The virtual space created by super platforms extends the boundaries of the physical space and triggers power and right games in the new space. To reveal the principles of such phenomena and address their potential crises, this paper, by employing theoretical interpretation, legal interpretation, and legal comparison, explains the generative logic of super platform power and reveals its real risks. The research reveals that super platforms wield power based on their dominant position and contract transfers of user rights, thereby establishing a stable order within the virtual space. Due to the consideration of encouraging the development of new things and difficulties in government governance, the government power presents the characteristics of governance of mollification, and super-platform Leviathan is thus formed. The risk of super-platform Leviathan is that self-serving super-platform authority could undermine user rights. This is particularly evident in quasi-legislative, quasi-administrative, and quasi-judicial powers of super platforms, which pose risks to user rights. The research believes that government power should be introduced into the virtual space, and super-platform Leviathan should be regulated by government power, so that the super platform power can be fully placed under the actual control of government power, and the quasi-legislative, quasi-administrative, and quasi-judicial powers of super platforms can be purified under the premise of maintaining the development vitality of super platforms. In the understanding of the research object, this paper innovatively explains the nature of super-platform Leviathan and its formation mechanism. In terms of solutions, it introduces a novel approach to managing super-platform power through principles of regulation and strategies for purification. Through the discussion of super-platform Leviathan, this paper will help to adjust the triad structure relationship of “government power-super platform power-user rights” within the virtual space created by super platforms and improve the governance of super platforms.

Legitimate source defense is one of the common defenses in intellectual property infringement litigation, which is based on the principle of reliance protection, the bona fide third-party theory, and the principle of fault liability. The legitimate source defense is a restriction on the right to claim damages for infringement. In order to balance the interests of the variety right holder and the bona fide infringers, its application boundaries should be clarified in terms of the types of acts, subjective elements and objective elements. If the legitimate source defense is established, the infringer shall cease infringement and pay reasonable expenses. The application of cessation of infringement should be replaced by such remedial means as payment of reasonable expenses, post-facto licenses, and obtaining infringing objects, and the amount of reasonable expenses should be determined in accordance with the requirements of reasonableness, truthfulness and relevance. The return of benefits obtained by bona fide infringers should be limited to the existing benefits. China should draw on the legislation in other intellectual property fields, relevant legislation and judicial practice in other countries, so as to improve the defense system of legitimate source of infringement of variety rights.

Realizing the diversion of cases into simple and complex ones and taking into account both quality and efficiency are the core value function that reformers have given to the small claims procedure. However, academics have yet to reach agreement on the practical effects of small claims procedures in streamlining and simplifying cases, and on whether they reduce judicial fairness. Empirical research shows that there are differences among the streamlining effects and the degree of protection of judicial justices when China′s different courts apply small claims procedure before and after the amendment of the law, due to the influences of the judicial examination and reduction of litigation fee policy. It can be seen that the small claims procedure does not achieve the effect of streamlining cases for all courts, and does not reduce the impairs for all courts. Therefore, under the premise of dialectical treatment of the effect of the application of small claims procedures, accurately determining the effective area of application of the procedures after the reduction of litigation fees, the scientific use of the assessment mechanism, and appropriately expanding the parties′ remedies are the direction of the future improvement of the small claims procedures as well as the deepening of civil litigation reform.

The constitutional citation in judicial decisions can effectively respond to the functional demand for constitutional implementation at the social level, and further play the important role of constitution in the governance of China. By applying big data analysis, the overall distribution of constitutional citation cases can be clearly grasped. Through the typological summation, the constitutional citation methods of parties involved include enumeration, association, explanation and response, and the courts′ responses to different citation methods mainly include not supporting, correcting, and approving the citation. Judicial practice shows that the constitutional citation of parties involved have the need to be responded, but the courts′ response rate is relatively low. The courts′ attention degree, standardization degree and responsiveness to the constitutional citation of parties involved should be further improved. Hence, principles of citation should be established, response situations should be clarified, training of citation should be conducted, and guidance documents and cases should be issued, so as to promote the standardized development of constitutional citation, and make it a traceable way of implementing the constitution.

With the worldwide advancement of gene-editing technology, human beings have the possibility to overcome genetic diseases. However, the emergence of the “gene-editing baby” case makes us think about how to use the law to prevent the impact of gene-editing technology on human life. At the level of criminal law regulation, an accurate grasp of the legal benefits of crime of illegal implantation of gene-editing or cloning embryos is a prerequisite for further consideration. Previous studies have limited the legal interest of the crime to human dignity, medical order, or human genetic safety, but it is not a true qualified legal interest and does not contribute to the function of the legal interest. The direction to reasonably define the legal interest of such crime should be to analyze the normative purpose, the nature of legal interest, value judgment, and the object of the act. Based on the above approach, it is reasonable to define the legal interest of the crime of illegal implantation of gene-editing or cloning embryos as human genetic genes. On the one hand, this definition of legal interest clarifies the type of “aggravating circumstances”, and on the other hand, it can be used as a criterion for determining the cause of the crime and delineates the boundary between criminal acts and scientific research acts.

Protecting the economic rights of new professional farmers is of great significance to protect the right of subsistence and development of new professional farmers, as well as conducive to the realization of agricultural modernization and rural revitalization. At present, China has basically established a legal protection system of economic rights of new professional farmers, but there are still some practical challenges. To protect the economic rights of new professional farmers, it is necessary to enact a special law to support the development of new professional farmers, and perfect the legal systems related to modern agriculture and farmer economic cooperation organizations. The agricultural policies issued by administrative agencies should be consistent with the spirit of rule of law, and high-quality public services for new professional farmers should be provided according to law. Social forces should be encouraged to provide legal consultation for new professional farmers, carry out legal publicity activities, and perfect mediation solution of resolving conflicts and disputes. To strengthen the legal protection of economic rights, the role of new professional farmers themselves should be exerted, and the professional skills education and legal education for new professional farmers should be strengthened.

The Rural Revitalization Promotion Law of PRC (RRPL) presents a soft law approach to rural governance, which has played a role in the flexibility, openness, and supplementary mechanism of its soft law content in many aspects, becoming a beneficial attempt for China to explore soft law governance. However, the RRPL also has the problem of its soft law mechanism not being fully utilized. At present, efforts should be made to strengthen the interactive effect of soft law and hard law, empower public participation, and share governance information, so as to make up for the shortcomings of the soft law mechanism of the RRPL and seek a soft law governance approach for ruralrevitalization and development in China.

In the era of digital economy, data has become the fifth largest new production factor on a par with land, technology, capital and labor, and is known as the source of power for contemporary economic development. After platform enterprises invest huge amount of capital to obtain data dominance, the data blockade behavior imposed on peer enterprises and downstream market enterprises seriously damages the competitive order of various fields of markets. In order to avoid the proliferation of data access restrictions in the Chinese market, lessons should be drawn from extraterritorial regulatory theories, such as “necessary facilities” and“data portability”. And under the guidance of principle of tolerance and prudence, the regulation system that meets the needs of the Chinese digital economy development should be constructed.

In order to prevent the recurrence of the financial crisis, the Group of 20 (G20) continued promoting regulatory reform in the field of derivatives and adopted the G20 Leaders' Statement in 2009, which sets out an international program for the cross-border regulation of derivatives in the form of commitments. However, due to the divergence of regulatory concepts in various jurisdictions, geopolitical conflicts, and certain limitations of the plan itself, the differentiation of cross-border regulatory rules of derivatives in various countries has become prominent in the implementation of the international plans, resulting in frequent cross-border regulatory arbitrage and conflicts of derivatives, and the development of the world derivatives market has been adversely affected. Under such circumstances, it is imperative to strengthen international coordination and take effective measures to break through the obstacles to the implementation of G20 international programs. Based on the comparative analysis of the traditional bilateral and unilateral governance approaches to curb cross-border regulatory arbitrage of derivatives, the governance path is proposed of “substituted compliance” mechanism with the help of the concept of multilateral regulatory compliance in order to “harden” the effectiveness of the financial soft law, alleviate the problem of mismatch of resources, and promote the development of regulatory technology. In this way, the problem of cross-border regulatory differentiation of derivatives can be eliminated, and the effective implementation of the G20 international program can be promoted.

The absence of central legislation has led to the equity pledge of rural collective assets only being explored by some localities first. The documents issued by 48 counties and urban districts in 17 provinces shows that the current local norms have uneven characteristics in the establishment, operation, and realization of the pledge. The analysis of the jurisprudential logic of collective assets pledge shows that the formation of the differentiated pattern stems from the conflicting concepts of pledge objects in different places. In order to institutionalize and systematize the regulation of pledge of collective assets, it should be clarified that the object of pledge is the right to income of collective assets rather than all the rights of collective assets. On that basis, it is suggested that the rules should be constructed in terms of the object of pledge, public notice, third-party consent, the validity of pledge during the pledge period and the degree of transfer, and the due rights of the transferee, so as to provide a reference experience for the formation of new central rules of equity pledge.

On the background of the wide application of cloud technology, big data and network technology, the terrorist crime in China emerges a trend of netization. In order to further improve the pertinence of research and prevention and control, the concept of terrorist crime netization is defined, the type changes of terrorism are clarified of attack type, tool type and space type. It is considered that the characteristics of netization of terrorist crime include the generalization, the younger age, the specialization and the trend of “lone wolf” of criminal subjects, the diversification and intellectualization of criminal methods, the concealment of criminal behaviors, and the spreading of criminal consequences, etc. Netization trends are shown of terrorist crimes in China, namely, utilizing Internet technology, relying on Internet to implement, and attacking cyberspace, etc. Effective responses should be made from the following aspects: raising network security to the height of national counter-terrorism strategy, improving the legal norm system of cyber terrorist crimes, strengthening the construction of specialized response mechanisms of terrorist crimes, and deepening the cooperation of international cyber counter-terrorism, etc.

Only by correctly positioning and realizing the functions of the Chinese criminal evidence system, can the development and perfection of the criminal evidence system be better promoted. From perspectives of strengthening the protection of human rights in criminal proceedings, the main content of evidence system, and the development trend of judicial proof, etc., the main function of the Chinese criminal evidence system should be to prevent false and erroneous cases, and the subordinate function of it is to safeguard important interests such as procedural justice, social ethics and stability of social relations. In order to realize the above functions, the Chinese criminal evidence rule system should be perfected from the following aspects: sorting out and improving the existing rules of evidence capacity; creating the rules of evidential reasoning reasonably on the basis of grasping the rules of proof and the rules of experience, and keeping them flexible; defining the certification standard more precisely, and enhancing its operability; perfecting the rules of adducing evidence and cross examination, including the way and scope of adducing evidence, the rules of interrogation of the accused, the rules of witness interrogation, and the rules of cross examination of new type of evidences, etc.

The “Sanzhong Yida” system plays a vital role of supervision and restriction in the decision-making process of exercising public power of the Party and government agencies and the state-owned enterprises and institutions. The theoretical basis and historical context of the “Sanzhong Yida” system reflect the unique political status of it in the New Era, so that it should be endowed with greater significance of the times and higher legal status. The “Sanzhong Yida” system and the collective discussion and decision system of administrative decision-making overlap in terms of theoretical basis, system purpose, scope of matters, and subjects, etc. The multiple advantages generated by the unified institutional construction of them provide possibility and necessity for it. Hence, the system can be constructed from aspects of decision-making form, decision-making scope and decision-making supervision, so as to make up for institutional loopholes and enhance the compatibility between systems.

The rights of residence and mortgage of real estate can competitively exist because they have the basis of jurisprudence, economics, rights and powers. According to the universality of the priority effect of real right, the realization sequence of rights of residence and mortgage should follow the basic principle of publicity time priority. When the residency right is publicized firstly, the establishment of the mortgage right does not need the consent of the residency right holder, and the buyer of the mortgaged property needs to inherit the residency right established on the real estate when the mortgage right is realized. When the mortgage right is publicized firstly, the mortgagor should perform the obligation of notification for the establishment of the right of residence, and the right of residence should be removed when it affects the realization of the mortgage right. In order to better protect the interests of the mortgagee, a special registration system should be constructed for the prohibition of disposal of mortgaged property, so as to help the protection of the interests of the mortgagee from post relief to pre-prevention. It can also rely on the third-party performance system to achieve multi-party interest balance on the premise of increasing the interest protection path of the mortgagee.

Most Chinese scholars believe that Civil Code has fully realized the functionalization of chattel guarantee transaction rules and unified the system of real right for security and the atypical guarantee rules. Article 57 of the Interpretation of the Supreme People′s Court of the Relevant Guarantee System of the Civil Code of People′s Republic of China also includes the title retention into the competition rules for the real right of chattel security. All these are wrong interpretations of the system of title retention in Civil Code. The Civil Code abides by the formalism tradition of chattel guarantee transaction, the guarantee system arrangement and the effect of publicity of title retention do not reflect the functional unity of title retention guarantee and security interest rules, and there is lack of institutional space for the competitive existence of title retention and security interest. The application of the rule of disclosure of title retention is independent of the rule of real right for security, and should follow the methods of textual interpretation, systematic interpretation and objective interpretation. The “ownership” retained by the seller is neither the abstract and absolute ownership of the traditional civil law in continental law system, nor the traditional real right for security, but the specific and relative ownership, which is only used for the purpose of security. The “third party in good faith” that the title retention cannot be antagonized without registration can be determined by referring to the rules of publicity of chattel mortgage registration. Ordinary creditors who do not take the chattel with title retention of the seller as the subject matter of the transaction do not fall within the scope of the “third party”.

The Securities Law revised in 2019 increased the regulation of information-based manipulation, but there are still some deficiencies. One of the core problems is the imperfect identification of information-based market manipulation. By analyzing the development of the behavior type of market manipulation and the mechanism principle and causes of information-based market manipulation, it can be known that information-based market manipulation is a market manipulation behavior based on the application of information. In order to further explore the identification elements of information-based market manipulation, 17 typical cases are selected as samples, and the identification standard of information-based market manipulation is analyzed and conducted of “one release, two kinds of information, and four modes of actions”. Argument is expanded combined with the first civil compensation case of information-based market manipulation in China, and according to the relevant civil legal theory, it is considered that the judicial identification elements of information-based market manipulation include: the perpetrator has implemented relevant manipulation behavior, the investor suffers losses, the perpetrator has subjective intention, and there is a causal relationship between the behavior and the loss.

The exclusionary rule of illegal evidence is one of the most important evidence rules in criminal procedure. Its application in judicature is directly related to the fairness of litigation procedure and litigation result. As a type of legal evidence, electronic evidence should belong to the application scope of exclusionary rule of illegal evidence. However, at present, there are some problems in the exclusion of illegal electronic evidence in China, such as the lack of clear legal provisions, the deficiency of recognition and exclusion standards, and the poor effectiveness of the legitimacy review of electronic evidence, etc. In order to solve the above problems and further improve the exclusionary rules of illegal electronic evidence, it is necessary to include electronic evidence into the application scope of exclusionary rules of illegal evidence by the form of legislation, set different exclusionary standards for different types of electronic evidence, and issue relevant guiding cases to guide criminal justice practice.

Under the current network economy background, the network live broadcast profession develops rapidly, and various kinds of network anchors have come into being. However, there are legislative limitations on the labor relationship between network anchors and live broadcast platforms in China. As a result, there are judicial differences in practice, and the academic community has not reached a consensus. The focus of dispute is how to identify the labor relationship between network anchor and live broadcast platform. In fact, the subordination attribute between network anchor and live broadcast platform can be separated out, but it is weak. The research conclusion are that the appropriate labor relationship recognition standard should be redefined, and traditional labor relationship subordination recognition standard should be reduced, and layered protection should be implemented on the basis of balancing the interests of both the network anchor and the live broadcast platform. The connotation and extension of some concepts of labor relationship subordination recognition should be expanded, so as to meet the actual needs.

The current legislation expresses agricultural land lease as “lease of land management right”. From normative perspective, it is necessary to distinguish whether the object of lease relationship is agricultural land or right. The academic reason of “lease of land management right” forming an appearance of right lease is that lease is interpreted as a disposition behavior, and the policy reason of it is the old rules prohibiting land lease in the planned economy period and the path dependence of the transfer system of land contractual management right. At present, the standard of “lease of land management right” is in the stage of insufficient transformation from legal policy to legal standard. According to the principle of civil law, the lease of land management right should be interpreted as the lease of agricultural land. Its institutional significance is to link the lease system of land management right with the lease of tangible objects in the Civil Code of China, avoid the speculative risk of frequent circulation of land management right, and promote the unification of the lease rules of land use right. While absorbing the connotation of land management right policy, legislation should perfect the lease rules of land management right according to the idea of tangible property lease.

As a special form of price coordination, price announcement is difficult to verify for its concealment. The behavior of price announcement is not only related to the protection of freedom of speech of competitors, but also can be used as a tool to achieve and maintain price synergy. There are many difficulties in determining the illegality of price announcement behavior. To clarify the application relationship between price law and other laws is the primary task of regulating price announcement behavior. The price announcement behavior is examined by information exchange theory, the pure price announcement and attached price announcement are discriminated, the identification standard of illegal price announcement is established, and factors of market environment, announcement information and subjective state, etc. are supplemented, so as to bring price announcement behavior into the framework of collaborative behavior regulation.

Article 76 was added in the fourth amendment of the patent law of China, which established an early resolution mechanism for drug patent disputes. The core of it is to link the administrative marketing authorization of drugs with drug patents, so as to protect the legitimate rights and interests of drug patent owners, and encourage the research of new drugs and promote the development of high-level generic drugs. The feature of early resolution mechanism of drug patent disputes in China is that it innovatively grants the right to file a confirmation lawsuit on “whether the generic drug applied for listing is within the scope of the patent claims of the original drug”, or the right to request administrative adjudication, for the drug marketing license applicant, the relevant patentee or interested party. Thus, the drug marketing approval procedure is linked with drug patents, which is effectively realizing the resolution of drug patent disputes before generic drugs are marketed, and plays a similar function to the “fictitious infringement” stipulated by the drug patent linkage system of the United States. Combined with the Implementation Measures for Early Resolution Mechanism of Drug Patent Disputes (Trial Implementation) issued in July 2021, the contents to be improved in the early resolution mechanism of drug patent disputes in China are predicted and analyzed from 4 aspects.

Since the implementation of the Civil Code, local courts have inevitably involved in the application of voluntary risk system in dealing with cases of injury caused by participants in sports activities. Analyzed from literary content, its constituent elements include recreational activities, risks, participant voluntary, and unintentional or gross negligence of actors. Due to the articles of law are simple in the system, different scholars have different understandings of its constitutive requirements. Judges lack judgment standards and have too much space for discretion in practical operation, which leads to frequent opposite judgment results. Research is produced aiming at its constituent element of “voluntary participation in recreational activities with a certain risk”. The identification of this element should be based on the existence of the inherent risks that the participants “should know”, consider the individual difference of person who bears voluntary risk, and make a comprehensive judgment in combination with the cognitive ability, professional degree of participants and the antagonistic intensity of sports activities.

Although the institutional design of absolute exemption can inspire people to do boldly what is righteous, but there are various disadvantages, which must be reflected in detail. From the perspective of legislation, the normative design of absolute exemption in China is rare in the world. In judicial practice, in order to deal with the complex facts of cases, it is also difficult for judges to exempt without exception. If explained in theory, in emergency management without cause, the manager should be responsible for intentional or gross negligence, let alone there are correction mechanisms of excessive defense and excessive risk avoidance. Therefore, the scope of doing boldly what is righteous should be limited. There should be two specific paths. The first path is to limit the constituent elements of doing boldly what is righteous strictly, such as voluntariness and urgency, etc. and reduce the application frequency of Article 184 of the court, so as to limit the scope of absolute exemption substantially. The second path is when the facts of the case are also in line with the tort or the management of inappropriateness without cause, the compensation liability should be investigated of the actor based on the principle of proportionality. In short, relative exemption balances the interests between the rescuer and the recipient, conforms to the simple legal emotion of the people, and reconciles the contradictions and conflicts between individual justice and social justice. Therefore, it is a feasible choice of interpretation.

The institution of defendant tried in absentia is a special procedure stipulated in Criminal Procedure Law 2018, which is established in the macroenvironment of investigating corruption crimes. The criminal trial procedure in absentia should include both the trial procedure of defendant in absentia and the trial procedure of prosecutor in absentia. The existing legislation stipulates the former one. The trial procedure of defendant in absentia involves the relationship of case, the exercise of defendant’s right to defense, the setting of relief procedure, and so on. The existing legislation seems to have an adverse impact on defendant’s litigation rights in form and bring litigation risks. However, in-depth research shows that trial in absentia does not affect the defendant’s rights, so it is necessary to be established. The institution of defendant tried in absentia in China should clarify the trial procedure in absentia, and be perfected from aspects of service procedure and execution mode of trial in absentia, and prevention of unjust, false and wrong cases.

The disclosure system of audio and video archives of civil trials is a key measure of the people’s court to promote judicial disclosure in digital era, as well as an important embodiment of the exercise of citizen right to know. From the perspectives of legislative regulation and judicial operation, there are still many problems in the disclosure system of audio and video archives of civil trials in China, which mainly manifested as the scope of disclosure is relatively narrow, the channel of disclosure is not smooth enough, and the boundary between disclosure range and privacy protection are unclear. The roots of problems are the imperfection of relevant legislation, the narrow functional positioning by judicial practice department, and the imperfection of professional supporting mechanism. In order to better exert the function of disclosure system of audio and video archives of civil trials, the principle of balance between judicial right to know and protection of personal privacy should be adhered to, the relevant regulations should be perfected about the disclosure system of audio and video archives of civil trials, a national unified electronic litigation file system should be established, the process of audio and video recording of civil trials should be standardized, and the information technology training of court personnel should be strengthened.

The aging process is accelerating in China nowadays. As an important component of social welfare system, the pension welfare system needs to improve the life quality of the elderly group continuously, so as to better realize the goal of “providing for the elderly”. Therefore, it is of practical significance to strengthen the research on current pension welfare system, and it is also an inevitable choice to improve the pension welfare system. In the concrete paths, the construction of pension welfare system should be paid attention in concept firstly. Secondly, it should be focused on the “moderately inclusive” pension welfare system, and be further improved from aspects of promoting the “legislation unified” pension welfare system, shaping the “policy integrated” pension welfare system, and perfecting the “social cooperated” pension welfare system.

The medical insurance fund is the “lifeline” of the masses, but the designated medical institutions have repeatedly broken through the red line of the law to defraud medical insurance funds through hidden fraud. In order to regulate the medical service behaviors of the designated medical institutions and ensure the safety of medical insurance funds, China actively carries out the corresponding legislation and formulates corresponding administrative regulations and departmental regulations. However, the legislation in the field of medical insurance in China is still in the initial stage of development. How to further improve the assessment system of designated medical institutions and improve the credit system of medical insurance are important issues in China. While the regulatory methods are innovated and the regulatory system is improved, it is also necessary to strengthen the construction of regulatory teams and take effective measures to improve the professional ability of regulatory personnel.

Starting from the thought of social solidarity, the real philosophical basis of impure omission crime is explored, so as to make its crime outline clearer. The breach of guarantor’s obligation is the proper and necessary element of the crime of impure omission which is not expressly stipulated in criminal law. The two approaches to prove the source of guarantor’s obligation are discussed, namely, the Kantian individualism and social solidarity thought, and it is clarified that the philosophical basis of guarantor’s obligation can only seek from the social solidarity thought. Through the political obligation theory of “plural subject” and utilitarian philosophy, the legitimacy of social solidarity obligation is proved, the previous scheme as the source of obligation is examined, and finally the status of guarantor is proved by adopting social solidarity theory. It is considered that the social solidarity theory should be the only philosophical basis of the guarantor’s obligation. At present, the several mainstream theories are either the variants of social solidarity theory, or must take social solidarity theory as their premise, by which can they realize the real substantiation of the guarantor’s obligation.