法治治理
Search documents
最高法亮剑:以判例明晰边界护航道路交通安全
Zhong Guo Qi Che Bao Wang· 2026-02-14 06:52
道路交通安全,一头连着千家万户的日常出行,一头关乎社会公共秩序与公共安全,是法治中国建 设中最贴近民生、最牵动人心的领域之一。2月13日,最高人民法院发布第48批道路交通安全刑事专题 指导性案例,这是最高法首次针对该领域发布专门性指导案例,聚焦毒驾定罪、交通肇事责任认定、醉 驾证据规则、辅助驾驶刑事责任、醉驾共犯判定五大司法实践难题,以鲜活案例明晰法律边界,以统一 尺度规范裁判标准,既回应了司法审判中的长期争议,也顺应了智能出行时代的新需求,更彰显了我国 依法治理交通违法犯罪、守护人民群众生命财产安全的坚定决心。 非法配件规避系统监测,由此引发的安全事故与法律争议日益增多。最高法在案例中明确划定责任边 界:辅助驾驶系统并非驾驶主体,无论是否启用智能功能,驾驶人始终是行车安全的第一责任人。这一 裁判规则,既厘清了技术与法律的关系,避免了"技术背锅"的误区,也倒逼驾驶人始终保持安全驾驶意 识,为智能汽车行业的健康发展划定了法律红线,实现了技术创新与安全责任的平衡统一,体现了司法 与时俱进的时代品格。 在醉驾证据规则方面,指导案例兼顾程序正义与实体公正,为执法司法提供了科学指引。针对醉驾 采血取证的性质认定、程序瑕 ...
为破解喀斯特地貌地下水污染治理难题,调研团队来广西百色找答案
Zhong Guo Huan Jing Bao· 2026-01-20 00:38
Core Viewpoint - The article discusses the challenges and potential solutions for groundwater pollution management in Baise, Guangxi, particularly in karst topography areas, emphasizing the need for tailored legal frameworks and community engagement to address unique environmental conditions [1][7]. Group 1: Environmental Challenges - Baise is characterized by karst topography, with about one-third of the city covered by karst areas, leading to unique groundwater pollution issues from mining and agricultural runoff [2]. - The existing water pollution prevention laws are primarily designed for flat geological conditions, making them ineffective in karst regions where pollutants can rapidly infiltrate through natural conduits [2][3]. - The complexity of groundwater movement in karst areas complicates pollution source tracing, making it difficult to assign legal responsibility for contamination [5]. Group 2: Legal and Institutional Barriers - Only 14.2% of surveyed villagers are aware of relevant environmental laws, indicating a significant gap in legal knowledge and enforcement at the community level [3]. - Local governments face financial and technical constraints in implementing effective pollution control measures, with the cost of high-standard infrastructure in karst areas being several times higher than in flat regions [4]. - The enforcement of environmental laws is often lenient towards major local enterprises due to their economic contributions, leading to a situation where compliance costs are high and penalties for violations are low [4]. Group 3: Community Engagement and Cultural Factors - Traditional practices and local regulations can play a role in pollution control, as seen in a village where community rules effectively reduced illegal discharges by 62% [3]. - There is a need to integrate local cultural values and community norms into formal legal frameworks to enhance compliance and environmental stewardship [7]. Group 4: Proposed Solutions - The article suggests developing localized legal frameworks that account for the geological characteristics of karst areas, including stricter pollution control measures and tailored monitoring standards [7]. - It advocates for a "proportional responsibility" approach to pollution accountability, allowing for shared liability among polluters based on their contribution to contamination [8]. - Establishing a funding mechanism for pollution remediation, including a historical pollution fund sourced from land sales and environmental taxes, is recommended to address legacy pollution issues [8].
四川“十四五”时期社会治理主要成就发布 超八成人民调解案件化解在乡村
Si Chuan Ri Bao· 2025-11-20 00:33
Core Viewpoint - Sichuan has made significant achievements in social governance during the "14th Five-Year Plan" period, enhancing governance effectiveness and addressing pressing issues faced by the public, thereby laying a solid foundation for modernization [1][3]. Group 1: Party Leadership in Social Governance - The comprehensive leadership of the Party is emphasized as a key feature of social governance in Sichuan, with efforts to extend Party organization across various sectors and communities [2]. - High-level meetings have been held to systematically plan and deploy key tasks in social work, establishing a mechanism that integrates Party leadership, government responsibility, social collaboration, public participation, and legal guarantees [2]. Group 2: Community and Rural Governance - Focus on urban community governance has been prioritized, with initiatives to enhance service quality in nearly 5 million urban residents' communities through targeted actions [3]. - Rural governance has been strengthened by categorizing management of villages, promoting community norms, and addressing issues like extravagant funerals and high bride prices [3]. Group 3: Multi-Party Participation in Governance - Modernizing the social governance system requires collaborative efforts from multiple stakeholders to enhance governance effectiveness [4]. Group 4: Legal Framework and Public Safety - Sichuan has established 703 democratic legal demonstration villages and trained 217,000 "legal literate" individuals to address public concerns effectively [5]. - The public security sector has actively identified and managed risks, with over 104,300 risk issues addressed and 266 police stations established [5]. Group 5: Disaster Prevention and Emergency Management - The province has implemented targeted measures for disaster prevention and emergency response, resulting in a 10.9% decrease in average disaster-related deaths from the previous five-year period [6]. - Safety production incidents have also seen a significant reduction, with a 47.6% decrease in fatalities compared to the end of the previous five-year plan [6].
中国政法大学国际法学院/涉外法治学院成功举办“本地生活服务市场竞争问题学术研讨会”
Cai Fu Zai Xian· 2025-08-26 03:35
Core Viewpoint - The conference focused on the competitive landscape of the local life service market under the digital economy, discussing issues such as platform subsidy games, data governance, and merchant rights protection, aiming to explore legal pathways for the normative development of the platform economy [1][3]. Group 1: Conference Overview - The conference was hosted by the China University of Political Science and Law, gathering experts from academia, practice, and industry to discuss the new competitive dynamics in the local life service market [1]. - The opening remarks highlighted the importance of the local life service market for livelihood security and economic vitality, emphasizing the dual nature of technological innovation and potential exclusionary risks [3]. Group 2: Key Discussions - Professor Shi Jianzhong pointed out that the local life market relies on digital technology to compress consumption time and space, warning that subsidy competition is essentially a game of exclusive data access [8]. - Zhang Qiong emphasized that the legality of subsidy practices should focus on whether platforms abuse their relative advantages to force merchants to bear costs, potentially violating the Anti-Unfair Competition Law [8]. - Li Qing suggested that the government should implement a mechanism linking consumer vouchers with platform concessions to mitigate the profit squeeze on small merchants [8]. Group 3: Legal and Regulatory Insights - Professor Yuan Xiaoshuang noted that while in-store and home delivery services are complementary, subsidies can distort consumer decision-making, advocating for the protection of merchants' pricing autonomy under the E-commerce Law [13]. - Professor Li Yongjian highlighted that evaluation and search data are critical inputs in the takeaway market, warning that preferential treatment of self-operated businesses by platforms could violate the Anti-Monopoly Law [13]. - Professor Jiao Haitao pointed out that platforms forcing merchants to participate in promotions and setting minimum discounts could trigger violations of the Anti-Unfair Competition Law and Pricing Law [13]. Group 4: Regulatory Framework and Policy Recommendations - Professor Yang Dong proposed a three-dimensional regulatory framework focusing on "platform-data-algorithm," suggesting dual-track review standards for efficiency defenses and market blocking [18]. - Professor Wang Yong emphasized that while subsidies promote instant retail development, practices like "lowest price across the network" should undergo dynamic efficiency testing [18]. - Professor Chen Bing stressed the need to prevent algorithmic discrimination and regulate data blocking through key facility theory [18]. Group 5: Conclusion and Future Directions - Professor Fan Xiaobo concluded the conference by thanking participants and highlighting that the discussions deepened theoretical understanding of platform competition issues, providing important references for policy-making and law enforcement [22].
以法治之力打击山寨食品(人民时评)
Ren Min Ri Bao· 2025-06-02 21:43
Core Viewpoint - The article emphasizes the need for a robust legal framework to combat counterfeit food products, highlighting the importance of establishing a system where the cost of illegal activities exceeds the benefits derived from them [1][2]. Group 1: Legal Framework and Enforcement - The current legal system in China includes laws such as the Anti-Unfair Competition Law, Trademark Law, and Food Safety Law, which collectively provide a comprehensive regulatory framework against counterfeit food [1]. - There is a call for clearer operational standards regarding legal concepts like "similar infringement" and "substantial similarity," which should include elements like packaging and color schemes [2]. - The article suggests increasing penalties for intentional and repeated infringement of food products to enhance deterrence [2]. Group 2: Technological Integration - The application of new technologies, such as blockchain, can create a traceability system from raw material procurement to end sales, improving oversight of counterfeit products [2]. - Smart algorithms can assist in monitoring e-commerce platforms for counterfeit food information, while satellite technology can help identify hidden processing locations [2]. Group 3: Collaborative Governance - Effective governance against counterfeit food requires collaboration among multiple stakeholders, including government agencies, businesses, platforms, and the public [3]. - Initiatives like internal whistleblower rewards, "red and black lists" for businesses selling counterfeit products, and industry associations promoting "genuine product commitments" are being implemented to enhance accountability [3]. Group 4: Market Dynamics and Innovation - The article highlights the importance of balancing the destruction of counterfeit products with the establishment of protective measures for genuine products, using the example of Heilongjiang Wuchang rice, which has implemented a traceability platform and increased R&D investment [3]. - The integration of legal protection and innovation is seen as a way to drive out counterfeit products from the market, demonstrating the principle of "good money drives out bad money" [3].