Abstract: In the ancient China political philosophy and culture, and the Confucian ethics as its nucleus were equally decisive in the practice of state administration. In modern China development of the strategy of “state administration with the supremacy of law” is also based upon the fundamentals of the Chinese culture. The traditional cultural gene still shows itself in the state administration model. In spite of the fact that China has undertaken deep social transformation in the process of its transition from the traditional society to a modern one, formation and development of the strategy of “administration with the supremacy of law” is still (albeit to a different degree) preconditioned by two fundamental factors: the autocratic traditional political culture and ethics. At the same time, the Chinese culture, having gained a number of specific traits during the thousands of years of its history, is internally ambivalent. It has both positive potential and the archaic elements, obviously contradicting the modernity. It is necessary to employ the rational elements of the traditional Chinese culture and to part with those, which limit the modern development by the burden of the distant past, in order to bring the strategy of “state administration with the supremacy of law” to a totally novel level.

Keywords: jurisprudence, Chinese civilization, Chinese policy, state administration, supremacy of law, fundamental cultural factors, sovereign policy, strategy formation, nucleus of the Chinese culture, ethics.

Abstract: Judicial justice is justice in its legal sense and justice within the system of proof. In order to implement it there is need for the legal practitioners to have legal thinking. Without due legal thinking it is hard to establish the true meaning of a legal norm. Legal thinking has two levels: firstly, the conceptual difference between legal thinking and common thinking in its methodological principles; secondly, the lawyers should have de facto legal skills of use of laws at the practical level. Implementation of judicial justice is a great social task. Cognition of patterns of legal thinking, formation of skills of such a type of thinking are necessary for its implementation. The ethical imperfections of legal practitioners causes the legal thinking skills to preclude implementation of judicial justice instead of facilitating it. Formation of legal thinking is just the first stage of implementation of judicial justice. At the same time, legal thinking should not be too far divided from the social need for justice, on the opposite, it should correspond to this need.

Keywords: jurisprudence, true meaning of a norm, justice, social need, conflict of justice, common thinking, legal thinking, proof, lawyer, judicial justice.

Abstract: The administrative goals are similar in all states, however, the administrative legal sciences differ. Development of the science of administrative law in the People’s Republic of China started in 1980s after the policy of reforms and openness was proclaimed. Its formation and development were influenced by the Roman-German and Anglo-Saxon legal families, as well as by the Soviet administrative law science. All of the above had its influence upon the Chinese legal science. Generally, the development of science of administrative law in the People’s Republic of China is always followed by the development of administrative legislation and norm-making. The process of mutual development allows the science of administrative law of the People’s Republic of China to lead the way for legislation and justice, and to provide criticism of legal practice. Currently the Chinese administrative legal branch is already formed, while it still has many weak points. In the future it shall evolve based upon the achievements of global and Chinese science. In addition to these aspects, the article contains analysis of stages of development of administrative law science in China. The author singles out three periods (the so-called “gap” period, the period of formation and development, and the reform), showing the characteristic features of problems subject to administrative legal scientific studies, such as the issues of priority of administrative legal protection in comparison with the structure of state administrative apparatus, importance of administrative procedures in comparison with material law, etc. Additionally, the author shows the degree of studying principles of administrative law.

Keywords: jurisprudence, leading the way and criticism, role, administrative legal protection, functions of science, characteristic features, development, stages, science of administrative law, branch of administrative law, China.

Abstract: The Civil Procedural Code of China is one of the key acts of the state, reflecting the principle of standardized procedure of civil judicial process. The Civil Procedural Code of the People’s Republic of China was drafted in 1991, and in 2007 the Government of the PRC amended it in part of supervision over the civil judicial procedure and enforcement of the decisions. However, due to the rapid economic development of China the amount of novel types of civil cases is constantly growing, and the existing civil procedural system is not sufficient for meeting all of the needs of justice. The new Civil Procedural Code of the PRC entered into force in 2013, and this Code provides for the principle of good faith, serving a guidance for the judges and parties to the case; the system of judicial procedure on public claims, the system of judicial procedure on malicious claims, the system of procedure on small claims; the system of assistance in protection of third party rights and interests, etc. were formed; the system of judicial procedure was improved. These and other issues became the subject of analysis in this article. Additionally, the author comments on the new contents of the guarantee of rights of parties to file claims based on a novel procedure of initiating the case, the right to petition for the revision of the case and the system of providing evidence.

Keywords: the PRC, lawsuit, the right to file a claim, evidence, novel tendencies, revision of a case, small claim, malicious claim, basic principle, civil lawsuit.

Abstract: The basis of the legal system for working with foreign capital in the People’s Republic of China is formed by “commercial organizations” and its nucleus is formed by the Laws “On share joint ventures of Chinese and foreign capital”, “On enterprises involving foreign capital”, “On Chinese and foreign jointly managed enterprises”, etc., regarding enterprises involving foreign capital. This legal system combines corporate law, anti- monopoly law and elements of other branches of law, brining into unity all of the elements of legal systems in order to regulate access to direct foreign investment, their management, administration, etc. From the legal viewpoint the norms of corporate law are recognized as general legal provisions, and the norms of Law “On enterprises involving foreign capital” are recognized as lex specialis. If one is to follow the principle of legal practice, providing that lex specialis norms dominate over general norms, any legal disputes may be resolved. The People’s Republic of China uses the method of attracting direct foreign investments in addition to investments for the formation of new enterprises. Also, the People’s Republic of China allows foreign entrepreneurs to use the method of mergers and acquisitions in order to form new enterprises, however, this sphere is also subject to anti-monopoly legislation. Additionally, the People’s Republic of China provided an optimum benefit policy for the foreign investors via the division (unification) method. Currently the problems of legal system regarding enterprises involving foreign capital in the People’s Republic of China concern its “bulky” large-scale character, doubling of legislative article and complicated legal system, involving domestic and foreign capital. That is why the People’s Republic of China has started the process of further improvement of legislation on the companies involving foreign investments in order to ease the “highest national regime” and “lowest national regime” of foreign enterprises, the possibility to terminate some laws regarding enterprises with foreign investments, and development of a unified Law “On foreign investments” and formation of a good investment climate.

Keywords: China, foreign capital, law, share joint ventures, jointly managed ventures, corporate law, antimonopoly legislation, mergers and acquisitions of corporations, national regime, tendencies of development.

Abstract: The right to contract for use of land based on shares is a system of gaining the rights of shareholders or gaining profit, when the subject of a right is a company or a co-operative entity, having a right of land contracting and having a share (being a shareholder) by providing this right as a share. Legal nature of such a system falls within the system of turnover of real rights. There are three models of gaining a share in the land contracting: co-operation of land shares, professional co-operative of farmers – shareholders and the share society with limited liability. The latter is a relatively ideal form for the organization of shareholders. The contracting right for use of land is in conflict with the economic system of consumer work and legal system of companies. Defining the subject of right to contract work and abolishing the limiting laws regarding right to contract for use of land based on shares could allow to improve the existing economic system of consumer work as well. Additionally, by forming a standardized capital evaluation system regarding the light to contract for the work on land and the system of leaving the share by the farmers, one could form a legal system for the right to contract for the use of land based on shares.

Keywords: jurisprudence, limited liability, co-operative, entering a share, unbroken lands, use of lands, legal nature, share nature, models, right to contract work.

Abstract: The Chinese criminal law theory has two points of view on the nature of object of proof, as established by the court in the process of criminal judicial proceedings. Their followers find the nature in objective or legal truth accordingly. The dispute between the followers of the concepts of objective and formal (legal) truth appeared on the basis of the differences in the understanding of the nature of epistmic elements of the circumstances of a case in a criminal judicial proceedings. In the opinion of the author the nature of the object of proof is defined by the category of legal truth, since it is more relevant to the actual reality, and it allows to find a logical explanation to the possible mistakes in the evaluation of the circumstances in a case, it supports the concept of priority of procedure and specific features of procedural activities. The discussion of problem of the object of proof is usually followed by the discussion on objective and legal truth, which is basically an epistemic dispute. When a criminal case is initiated the primary goal of law-enforcement bodies is to establish the circumstances of the case. But what are these circumstances? The Chinese theoretical scholars discuss this issue actively, and the main dispute is between the followers of the concepts of objective or legal truth.

Keywords: jurisprudence, criterion of proof, object of proof, concept of legal truth, concept of an objective truth, objective truth, epistemology, law-enforcement bodies, criminal judicial procedure, China.

Abstract: The problems of environment are currently highly topical in China. The Beijing smog, pollution of soil and ground water by heavy metals, and other serious problems attract public attention. The global community has also expressed its opinion on the “flourishing” pollution of environment in China. Moreover, starting from the time when the political program of reforms and openness was accepted many states consider that the environmental problem in the People’s Republic of China is far beyond domestic economic problems. The traditional means of fighting environmental offences are not sufficient for fully protecting lawful rights and interests of a victim. Establishing the system of compensation and fines has became the primary goal of environmental law. Having analyzes the theoretical and practical bases and value of the system of punitive compensations, the author substantiated the conditions for fines in environmental law, and also drew a conclusion that the problem of establishing a reasonable amount of fines is a primary problem, which should be resolved within the compensation system.

Keywords: jurisprudence, compensation, fine, sanctions, losses, environmental harm, environmental offences, environmental law, environment, China.

Abstract: Amendments into the inheritance law of China, which are currently being introduced, are due to the need to change the native concept of inheritance and to develop legal science on inheritance. The amendments are introduced based upon the improvement of the existing civil law provisions for the sake of achieving harmony and integration of inheritance procedure, they correspond to the expectations of the people in the issues of inheritance. The structure of the inheritance procedure is based upon five elements: general procedure; will, inheritance by law, use of inherited property. Additional rules are also introduced. The legislative draft regarding inheritance improves the legal regulation of will, inheritance by law and use of inherited property, therefore guaranteeing rights and finding compromise in the interests of various people in the inheritance issues. The article concerns the causes for a fundamental change in the norms of inheritance law, the author establishes the goal – to harmonize the legal mechanism for inheritance, as well as the elements of legal regulation of will, inheritance by law, and some other topical issues regarding inheritance law in China.

Keywords: Kitai, nasledstvennoe pravo, nasledstvennoe pravo i grazhdanskoe pravo, sovershenstvovanie, struktura sistemy nasledstvennogo prava, poryadok nasledovaniya, nasledovanie po zakonu, nasledovanie po zaveshchaniyu, rasporyazhenie nasledstvennym imushchestvom.

Abstract: Currently the Russian society and the new stage of economic development require improvement and optimization of the Russian legislation, including the laws on the titles to land, which is construed anew in order to become one of the key elements of the modern Civil Code of the Russian Federation. The perfect idea of land law in Russia is for the civil legislation to have an exclusive status of legal regulator in the sphere of titles to land and to give the titles to land a quality of real law, providing persons and legal entities with a legal possibility to use the land. The tendencies of development of land law in Russia may serve as an example for the development of land law in the People’s Republic of China, and they include the following: restoration of a right of private property of land, change of multi-regulating legislation, its introduction into the structure of real law for unified regulation, providing the same legal status to state land and collectively owned land, strict limitations on confiscation of land, formation and development of a varied, convenient and sustainable land usufruct model.

Keywords: justice, Russia, China, the Civil Code, modernization, title to land, real law, Chinese legislation, use of land, unified legal status.

Abstract: In the modern society insurance of civil responsibility allows not only to divide and transfer material losses of an insured party due to compensation of harm caused to a third part, but also it serves a function of guaranteeing the interests of the victim. In accordance with the Art. 65 of the Law of the People’s Republic of China “On Insurance” there is a number of key provisions on insuring responsibility. The insurer pays the compensation directly to the victim. In accordance with the law the obligation of an insurer towards the third party is established via peaceful settlement, regulation, accusation and arbitration. According the requests of insurer his obligation towards a third party victim is defined clearly. If an insurer ignores requests of a victim, the victim may contact an insured person directly for compensation. If an insured person causes harm to a third party, and an insurer does not pay the compensation to the third party, then an insured person does not have to pay compensation. Civil responsibility insurance is a type of insurance guaranteeing obligations of an insurer towards the third party victim. Such are the key provisions on insurable risk of responsibility, which is a subject to discussion in this article. The victim gains a right to claim insurance compensation and right to file a lawsuit. However, the analysis of judicial practice shows that incorrect interpretation of Art. 65 of the Law of the People’s Republic of China “On Insurance” causes contradictions, disputes and mistakes in legal practice, weakening its protective function towards a victim (third party) to a certain extent.

Keywords: China, the Law of the People’s Republic of China, insured person, insured responsibility, compensation, direct right, filing a lawsuit, third party claim, victim third party, insurer.

Abstract: The article is devoted to the analysis of principles of procedure in the constitutional courts of the states existing in the territory of former Yugoslavia (Bosnia and Herzegovina, Macedonia, Serbia, Slovenia, Croatia, Montenegro). The author provides detailed discussion of the principles of accessibility of constitutional justice, open character of constitutional procedure, equality and adversarial system, combination of dispositive and inquisitional principles in the constitutional procedure. In the process of the study author provides theoretical and normative legal basis for the statement that the principles of constitutional judicial procedure in the former Yugoslavia states are mostly the traditional principles of justice, which are followed also in criminal, administrative and civil judicial process, while the constitutional process itself has strongly inquisitional character. Finally, the author draws a conclusion that some principles of constitutional judicial procedure in the former Yugoslavia states are more democratic in their elements and implementation, than those in Russia.

Keywords: dispositive constitutional judicial process, inquisitive constitutional judicial process, accessibility of constitutional justice, constitutional justice, constitutional judicial process, former Yugoslavia states, constitutional court, constitutional procedure, actio popularis, Constitution

Abstract: In this article the author evaluates the theoretical problems regarding the institutional formation of the General Part of criminal law and its system. The analysis shows that the main goal of the General Part is to provide normative “service” to the two central categories: crime and criminal responsibility. The results of the studies substantiate the categorical character of these terms, showing their links to other phenomena. In the opinion of the author the system of institutions of the General Part of the criminal law is formed around these two categories, while not being limited to them. Based upon the results of the study the author concludes that the following institutions should be devoted to the category of crime in criminal law: the institution of definition and category of crime, including the sub-institution of situations excluding criminal character of an act; institution of persons subject to criminal responsibility; institution of guilt, including an sub-institution of situations excluding guilt; institution of attempted crime; institution of multiple crimes; institution of coparticipation in crime. Then, the institutions devoted to the category of criminal responsibility should be the following: institution of definition and goals of criminal responsibility; the institution of relief from criminal responsibility; institution of types and kinds of punishment; institution of assigning punishment; institution of relief from serving punishment; institution of confiscation of property and rules of its application; institution of compulsory measures of medical character and rules for its application; the institution of criminal record; institution of criminal responsibility of juveniles.

Keywords: jurisprudence, law, institution, system, order, norm, act, crime, punishment, responsibility.

Abstract: The article is devoted to Professor B.S. Krylov, his life and scientific achievements. It discusses the main points of his life as a scientist, teacher, citizen, patriot, participant of the 2nd World War. The author shows the input of B.S. Krylov into the analysis of many topical problems of constitutional law, such as parliamentarism, federalism, and sovereignty, constitutionalism, human rights, etc. It is noted in the article that B.S. Krylov was a thoughtful and authentic scientist, and he also was a very good teacher and lecturer, he put a lot of effort into the improvement of the level of education of students in the sphere of humanities, and to their patriotic education. The people were attracted to him due to his intelligence and the wide range of scientific and common knowledge. He was loved by the students, appreciated by his postgraduate students and deeply respected by his colleagues, who recognized his knowledge, expertise and fine personal qualities. He made an important input into the development of science of constitutional law of foreign states. One may say that in many of his works the problems were addressed for the first time in science. His doctoral thesis was a first fundamental work on parliament and parliamentarism of foreign states in the Soviet science, and it was written based on numerous foreign sources, many of which were for the first time brought into the scientific turnover by him. Secondly, during the Soviet period B.S. Krylov often published the article, where he characterized the constitutional law of foreign states, and the newest scientific works of foreign authors. In his opinion the future of the state required strengthening of the central power and widening the scope of democratic elements in all of the elements of government. In his opinion this combination was capable of guaranteeing the further development of basic human rights and freedoms. At the same time, he pointed out that the legislators should take into account the fact that the Russian federalism was by no means consecutive, since it grew out of the unitary state, which the USSR de facto was. He noted that in every federation the competences of central and local government is established based upon historical traditions and local conditions, as well as the level of political development of the population. In his opinion, it was important that the federal relations should not be constantly and abruptly changed, rather they should be based on sustainable constitutional norms and principles. Referring to the problem of equality and equal rights in constitutional law, he noted that this problem has specific value in a federal state. He was considering that all of the constituent subjects join the Russian Federation on equal terms an lack of equality among such subjects and their bodies would also mean that the residents of such constituent subjects are also not equal in their rights.

Keywords: jurisprudence, B.S. Krylov, constitutional law, parliamentarism, federalism, sovereignty, military law academy, Kutafin Law School, constitutionalism, Constitution.