Environmental protection concerns human future and destiny directly, and affects the survival and development of each country, region, family, and man. In recent years, through active advocating and continuous efforts of international society, many western countries have made environmental protection their strategic consideration of national economic and social development. They have made strong environmental protection laws, policies and measures according to the actual situation of their countries to ensure the sustainable development of society. Combining with the Outlook on Scientific Development, the evolution courses of environmental protection laws in western countries are analyzed and summarized. It also points out that the ultimate value of environmental protection law is peopleoriented, and analyzes the developing trends of it.

Scientific Outlook on Development involves some inherent thoughts, such as peopleorienting, harmoniousness, effectiveness, justness and freedom, etc. Modern nomocracy is a strategy or method to manage national affairs, which is peopleoriented, conducive to the overall, coordinated and sustainable develop ments of people, seeking harmoniousness, guaranteeing effectiveness, and displaying the value of justness and freedom. The basic contents of Scientific Outlook on Development are also the basic value objectives, the ideal pursuance, the demand of the era, and the end result of modern nomocracy. These two are tightly related and highly unified in the new round of opening up and reform in China, which demands modern nomocracy construction be guided by Scientific Outlook on Development.

This article analyzes the flaws of legislative limitations for soleowner companies in China in view of legislative limitation. It suggests that the denial mechanism of legal person personality be refined, the limitations be canceled to the reinvestment of natural persons, the minimum requirement of registered capital be lowered, credit system be established and improved, and so on, so as to promote the healthy development of soleowner companies. The final objective is to reach the perfect combination of sole owner and limited liability.

This article uses the method of comparative analysi

s to discuss issues of unification of the concept of priority rights, the way to protect priority rights and to provide a favorable environment to priority rights. It starts from the conditions of priority rights, and introduces some instances on legislation in developed countries. It demonstrates the kinds of protection environments in these countries. In addition, some suggestions and viewpoints are proposed on the necessity and legislative improvement on priority right system establishment in China. With the analysis, it shows that regulations associated with priority rights should be written in one chapter of Intellectual Property Law, or more protection should be given by establishing independent legislation like Japan does, which is of reference value to the development of priority right system in China.

Due to the simplified comprehension, the legal school of analytical positivism has been misunderstood and queried all the time. Compared with the theory of natural law, legal positivism has changed its focus：the former focuses on the definition that what law is, while the latter emphasizes the measures and tactics of law on actual effect dimension. Through the analysis of the thesis of “an unjust law is not law” and its opposite thesis of “an unjust law is still law”, it argues that the viewpoints of natural law and legal positivism both have pros and cons. The difference between the two should be understood through epistemology and methodology instead of understanding as contradiction in ontology. Taking all this into consideration, it is safer to say that legal positivism is more comprehensive and reliable.

This paper discusses the legal nature that pollutants discharge permit is public administrative contract. The nature of public interest of environmental protection determines the administrative nature of pollutants discharge permit, and the continued reducing principle and the change of fixed polluting sources manufacturing process define the contractual nature of pollutants discharge permit management. To redetermine the nature of legal relationship of pollutants discharge permit is conducive to the application of the mandatory contract theory to solve the problems of the pollutants discharge permit system, which lacking stability, continuity and authority; conducive to the application of the contract theory in common good for the third party to solve the problem that environmental licensing lacks of publicity in procedures; and conducive to the application of the common good contract relativity theory to solve the problem that the supervision of pollutants discharge permit is inadequate. It can provide a nomological interpretation to the retroactive liability of enterprise standard pollutants discharge damage responsibility; and can apply the rebus sic stantibus principle in the pollutants discharge permit system.

The paper is aimed at the hot topiceconomic crimes in the field of criminal law at present, based on the theory of conspiracy and taking the criminality as the angle of view. The article lists and analyses several kinds of representative economic criminal acts that are often occurred, according to the present legislation and legal practice in China. It discusses respectively the conspiracy nature of the symmetrical economic criminal act, the conspiracy and the selective economic criminal act, hoping to complement traditional theory of joint offence, as well as offer some aids to resolve increasingly complicated judicature difficulties.

As a kind of private remedy, selfhelp behavior is an important means of widening right remedy approach and protecting lawful rights and interests of litigant effectively. Under current social conditions in China, to establish civil self-help behavior system has realistic rationality, which has important significance of saving judicial resources. The self-help behavior is prescribed generally in the general provisions of Civil Code, and then make detailed regulations on the condition, manner and restriction of exerting self-help behavior in the demur reason of “tort liability” will help to rationally establish the civil self-help behavior system in China.

The defects and flaws in the accountability institution of government environmental liability in China is one of the important causes of the failure of governmental administration and the weak enforcement of law in environmental protection. The defects in accountability institution of government environmental liability in China mainly exist in three aspects：unsuitable positioning of government environmental liability in fundamental environmental law, absence of regime of procedural remedy, and ignoring of accountability of government environmental liability. Suggestions are proposed of perfecting accountability institution of government environmental liability by defining the property of it, namely, to reposition the right and liability in fundamental environmental law, to establish the institution of environmental lawsuit on commonweal, and to emphasize the accountability of government environmental liability.

In the late 20th century, deliberative democracy became a new orientation in the western democratic theory, which represents the latest development in western democracy. The democratic value, objective pursuit and political cultural background of deliberative democracy in China are essentially different from those in western countries. However, the principles and concepts, such as fairness, openness, tolerance, rationality and negotiation emphasized by western deliberative democracy are accordant with the political aspirations of deliberative democracy in China. Taking this as the starting point, history research and comparative analysis methods are applied to discuss the shaping of modern political personality needed by political democracy development in China from perspective of deliberative democracy. Focused on the political aspiration accordance of western deliberative democracy and socialist deliberative democracy in China, the characterastics of modern political personality are tried to explained, the shaping approaches are proposed from aspects of institution, culture, society and citizen themselves, so as to promote the development of democratic politics in China.

Local governments should promote the development of intermediary market of science and technology under the impact of global economic crisis so as to provide job opportunities for university graduates effectively. Aiming at this issue, the drawbacks of starting intermediary market of science and technology by some local government are analyzed objectively from the legal perspective and combined with the survey of intermediary market of science and technology. The thesis summarizes and refers to the experience of relative foreign legislations and support policies, and gives initial plan to the legal framework of improving the intermediary market of science and technology for the local government according to the situation of China.

Environmental property rights are deepening to traditional meaning of property rights, which integrates ecological value into property rights, and its objects are different from the general property rights. At the background that concept of sustainable development has been be deeply rooted among the people, the law as a regulator of social stability should reflect the concept of sustainable development. The new Property Law has made certain provisions on environmental protection, but it can’t meet the requirements of environmental protection yet. The environmental property rights are essentially a kind of right, which has certain ecological and social functions. To confirm the ecological value of property rights is to legalize the environmental property rights, which is significant for the sustainable utilization of environmental resources.

Under the dualistic pattern of “country-offender”, criminal reconciliation provides a chance that victim’s standing can be improved and reinforced, and the victim should be in the stage instead of behind the screen. The criminal reconciliation should not be limited to crimes that offend private juristical interests, for crimes that offend public juristical interests also have its legitimacy and necessity to adopt criminal reconciliation. At the same time, the setting of punishment function and atonement character of reparation has important significance for treating “reduce penalty by money” exactly. Pushing the criminal law forge ahead in experience is the most remarkable contribution of criminal reconciliation to the theory of criminal law. The criminal law that only focuses on theoratical pondering and discrimination will be a part of history, and criminal law in the future will be an active law full of experience. From experience to stipulation, the development of criminal law is drawn by the interaction between practical experience and criminal legislation.

In recent years, to revitalize the Northeast Old Industrial Base becomes one of the hottest topics of the society. Good legal environment is the foundation and guarantee of the revitalization of the Northeast Old Industrial Base. There are some problems of the legal environment construction for the Northeast Old Industrial Base, such as the market order of fair competition is still not perfect and the government supervision is not in place, the open channels of laws and regulations are poor and the service functions of government departments are not sufficient, and the modern legal concepts are weak and the professional talents who can provide legal advices are short. Based on it, advices on how to promote the legal environment construction are brought forward in order to benefit the Northeast Old Industrial Base revitalization.

The criminal reconciliation is an important conformation of carrying out the criminal policy of temper justice with mercy. The judiciaries in China need the legislative support in the trial criminal reconciliation practice. Theoretical basis of criminal reconciliation is analyzed and discussed refering to ideas of the restorative justice in the western countries. After compared several systematical establishment schemes, it puts forward legislative suggestions on the scope of cases and the subjects of the criminal reconciliation, the qualifications applied to the system and the principles of the criminal reconciliation, as well as the matching mechanisms. Its aim is to provide sufficient legislative foundations to criminal reconciliation.

Under the background of financial crisis, how to execute overseas investment supervision in order to control and avoid risks is an important task of legislation nowadays. The status quo of legislation and practice of overseas investment supervision in China is analyzed, the existing legislation resource is studied, and the problems in it are pointed out combined with the typical cases in practice, such as the irrational system of legislation, the miscellaneous and laggard content, the low rank of legislation, the imperfect implementation, and the lack of after-supervision. According to the specific situation in China and experience of other countries for reference, suggestions of perfecting the practice of overseas investment supervision in China are proposed from related aspects of legislation and practice.

With the development of society, the aging degree added continuously caused by the increasing aged people. Meanwhile, the support function of family is weakened, which makes the support of aged people an issue which cannot be negligible. The improvement of well being sense of aged people becomes an issue that should be closely concerned of constructing harmonious society, while the keynote of harmonious society reflects that it cannot be simply regarded as “pension” and classified as social security category entirely. From the basic point of view of respecting, esteeming and loving the aged people in harmonious society construction, how to make pension back into “support” is discussed, the extension of family support is extended, and a new type of support concept is constructed of concentrating the country, the society, and the family as a whole based on the theory of community support system, in order to realize the final humanitarian care of aged people return to the family, and to achieve the coordination with the construction of harmonious society.

Influenced by the inertia of inquisitorial thoughts, the exchange and persuasion mechanism of adversary system in criminal lawsuit is neglected. The essence of exchange and persuasion mechanism is civic right restricting state power. The civic society is the source of power of this mechanism, and the constructivism theory is the epistemological basis of it. It benefits the litigating concept transformation and institutional construction to discuss the theoretical basis, to define the essence and necessity, and to probe the institutional practice approaches of the exchange and persuasion mechanism. The discussion has important practical significance in the process of the modification of procedural laws.

Thinking about the relationship between government and citizen is provoked by the phenomenon that mass incidents happen frequently. Three strategic choices are proposed of the relationship between government and citizen, in which the strategies of maintaining the status quo and treating negatively will trap the relationship between government and citizen into “prisoner's dilemma”, while the cooperative strategy is helpful to eliminate the contradiction and estrangement between government and citizen, to promote the maximization of public interest, and to innervate the symbiotic relationship of the two towards “harmonious symbiosis”. Conclusion is drawn that cooperation is the optimal strategy of dealing with the relationship between government and citizen.

This paper aims to institute a legal system of deadlined governance with adaptability and operability in China. On the basis of the inspection of the problems existing in the legal system of deadlined governance in China, comparative study is carried out between the Deadlined Environmental Improvement Order in Japan and the Environmental Administrative Compliance Order and Consent Decree (Consent Agreement) in the United States of America. It argues that the legal nature of deadlined governance is nonpunitive environmental administrative contract for the public interest. It emphasizes the process of consultation. New proposals are projected on the matters of applicable objects, scope, procedure, and especially the implementation guarantee mechanism. A suggestion is proposed that an Environmental Proceeding System for the Public Interest on deadlined governance in China bet established in reference to the environmental civil action legal system of the United States of America.

The acquisition, utilization and protection of land become one of the great social problems during the process of rapid urbanization in China nowadays. Based on the introduction of city sprouting and development in the capitalist times, it is pointed out that the impulsion of urbanization is capitalization and industrialization. The experiences and lessons of acquisition and utilization of land in the process of urbanization in earlydeveloped countries should be learnt, the laws and regulations adopted by them can be absorbed, and the ivory towered ways of urbanization in Latin American countries should be the typical lessons that should be drawn.

There are more and more product torts, which damage people’s personal and property safety severely, which urgently need to be regulated by relevant laws. As the fundamental law in tort field, the pass and implementation of Law of Tort Liability initially establishes the system of product tort liability. But the system of product tort liability in China is not perfect yet because there are still differences in the content of relevant laws and regulations. Suggestions are proposed to perfect the system of product tort liability in China from aspects of the principles of imputation, the conditions, the subject of liability, and the punitive damages of product tort liability in order to benefit its development.

东北老工业基地产业结构陈旧与落后严重制约了东北区域经济的发展，而相关法律和政策的缺失是造成这种状况的最为深刻的原因。对产业结构问题进行重新思考，科学地进行引导和调整，是东北老工业基地振兴的核心任务之一。在分析东北地区产业发展现状及产业结构存在的问题的基础上，针对东北产业结构发展缺乏法律和制度导向的现实，建议制定一部在东北各省区统一适用的《东北产业调节法》，来引导和促进东北区域产业结构的协调发展和优化升级。

When the Company Law was amended in 2005, the registered capital system is still adopted as company capital system, which has its inevitable defects. More and more countries adopt authorized capital system in company legislations, so the company legislation in China should acclimatize to this trend and try to adopt authorized capital system, too. But there are still a lot of restricting factors of realization of authorized capital system in China, which are analyzed from three aspects, namely, the restriction of company management mode, the restriction of legislative technique and juridical tradition, and the restriction of legislative concept. Suggestions are proposed on how to overcome these restrictions, and it is believed that the company legislation in China should finally adopt authorized capital system.

The developed nomocracy in Britain has been well known by the world, while compared with the famous jury system, the justices of the peace system perhaps not known so well by people, but this can not obstruct its active function on nomocracy development in Britain. Since the first appearance of keeper of the king’s peace set by Richard I in 1195, the justices of the peace system has a history of more than 800 years, and experiences the alternation from the House of Plantagenet （Angevin） to the House of Windsor. It plays an important role in coordinating the relationship between the king and local authorities, advocating and promoting fairness and justice, practicing juridical mode with low cost and high effectiveness, replenishing the lack of professional justicer, and cultivating the public consciousness of democracy and nomocracy.

It is discussed that the pollutant discharge trade taking pollutant discharge amount as the objects, the administrative pollutant discharge permit of environmental administration department to enterprise, and the pollutant discharge fee are independent legal relationships, which have different legal nature. Legal regulation is proposed to manage them separately. It is believed that in order to make environmental administration not a barrier to the market allocation mechanism of pollutant discharge amount, the law should regulate definitely that trading rule of commercial affairs can be applied in pollutant discharge trade. Facing with the subject alteration caused by pollutant discharge trade, the institutional mode should be admitted that the pollutant discharge license of enterprise which selling pollutant discharge amount should be changed or removed, and the new pollutant discharge permit should be applied by the enterprise which purchasing pollutant discharge amount. Furthermore, the legal function should be adopted by environmental administration department in related management system of pollutant discharge trade is demonstrated, too.

Commercial bribery is a highly highlighted noun in recent years, which is a social phenomenon, and belongs to a negative effect by the development of commodity economy. It seriously damages the healthy development of national economy, the construction of clean administration, and the cultivation of good social atmosphere. Commercial bribery not only violates the criminal law, but also violates the administrative law and the civil law, but above all, the commercial order is severely disrupted. Hence, it is needed not only to sanction the subjects of commercial bribery from criminal, administrative and civil aspects, but also sanction them from commercial aspect, namely, to claim them bear commercial liability and it cannot be replaced by civil liability.

Nomological analysis is produced on the legitimacy and legal procedure of retroactive application of law during the lawsuit of damage compensation of ConocoPhillips China （COPC） oil spill, and the legitimacy of retroactive application of marine ecological damage compensation after the implementation of “National Ordinance on Claim for Compensation of Marine Ecological Damage” in China is proposed and demonstrated. It is proposed that to define the range of compensation, the legal application of “Technical Guideline of Ecological Damage Assessment of Marine Oil Spill” can be regulated clearly in the coming “National Ordinance on Claim for Compensation of Marine Ecological Damage”. The legitimacy is demonstrated of retroactively withdrawing the oil development permit already issued in the Bohai Sea by National Ocean Bureau. Through inducing the situations in cases that admit to pure economic loss compensation by courts of different countries, the restricted condition is deduced of solving Gordian Knot of pure economic loss of oil pollution damage by undertaking a breakthrough of traditional admiralty law, and nomological analysis is produced on the legitimacy of taking the pure economic loss of COPC oil spill event into the range of damage compensation.

The solution of food security problems depends on both the inner selfdiscipline of producers and sellers and the external supervision on them. The legality and rationality are analyzed of guild participating food security supervision. It is pointed out that guilds has its legitimacy to participate food security supervision as selfregulatory organizations, whose realization of supervision function can complement the insufficiency of government supervision during food security supervision. It is proposed that the authority and responsbility of guild participating food security supervision should be defined by legislation, and the division and restriction of guild autonomy and government function should be coordinated properly.

Nowadays, there are severe legal conflicts between the executive subjects of community correction in China, and the prison management and community correction are divorced from each other. Through comparative study on executive subjects of community correction in China and USA, countermeasures are proposed of perfecting executive subjects of community correction combined with the actual situation in China：to constitute community correction law and integrate it further with prison law in practice, so as to confirm criminal execution law; to construct the legal institution mode which takes the judicial administrative organs as executive subjects of community correction; and to set up the special parole board.