政法工作中的区块链发展是什么,区块链发挥有利于政务管理能力的作用有哪些

随着科技的进步，区块链技术也在不断发展，其在政法工作中的应用也越来越广泛。那么，区块链在政法工作中发挥什么作用，它有利于政务管理能力的作用有哪些呢？

首先，区块链技术可以有效提高政府的管理效率。通过区块链技术，政府可以更有效的追踪、管理、审核政务管理的信息，这样可以大大提高政府的工作效率。同时，区块链技术还可以改善政府的服务能力，改善政府的服务水平。通过区块链技术，政府可以更有效的追踪、管理、审核政务管理的信息，这样可以大大提高政府的服务水平。

其次，区块链技术可以有效的提升政务管理的安全性。区块链技术可以构建一个分布式的数据库，这样可以有效的保护政务管理的数据安全。同时，区块链技术还可以通过密码学技术来保护政务管理的数据安全，从而保证政务管理的安全性。

此外，区块链技术还可以有效的提高政务管理的透明度。通过区块链技术，政务管理的信息可以更加透明，政府可以更加有效的追踪、管理、审核政务管理的信息，从而提高政务管理的透明度。

最后，区块链技术还可以提高政务管理的效率。通过区块链技术，可以构建一个分布式的数据库，这样可以更快的完成政务管理的任务，从而提高政务管理的效率。

综上所述，区块链技术在政法工作中发挥着重要的作用，它有利于政务管理能力的作用有提高政府的管理效率、改善政府的服务能力、提升政务管理的安全性、提高政务管理的透明度和提高政务管理的效率等。因此，政府应该加大对区块链技术的投入，以更好的推动政法工作的发展。

❶ Ye Mao, founder of Zhifan Technology: On-chain data analysis will be very promising

In recent years, my country has continued to carry out the crackdown on telecommunications network fraud crimes and has achieved important results. With the emergence of emerging technologies such as blockchain and artificial intelligence, fraudsters have found new tools to commit crimes and have begun to use blockchain technology to organize fraud and transfer of stolen money, which has brought new challenges to political and legal work.

Blockchain itself is a neutral technology, but criminals use blockchain virtual currency to commit fraud crimes in order to make illegal profits, which has caused great harm to economic and social development. It is understood that virtual currency has the characteristics of anonymity, global circulation, and difficulty in tracking, which makes it more difficult for the public security organs to handle cases.

As the earliest company in the country to track virtual currencies, "Zhifan Technology" uses technologies such as heterogeneous multi-dimensional data mining, massive data knowledge graphs, and on-chain big data analysis to build on-chain addresses through algorithms. Through the correlation between on-chain and off-chain data and the currency flow tracking method, a complete virtual currency tracking solution has been established, and has achieved remarkable results in the practice of supervision. At present, Zhifan Technology has provided relevant technical services to public security agencies across the country more than 500 times.

Ye Mao, founder of Zhifan Technology, said, “Some criminals take advantage of the anonymity of blockchain to carry out illegal and criminal activities. The tracking service of virtual currency is of great help to public security agencies and regulatory agencies. At the same time, this It is also an important application scenario of blockchain big data and the future development direction.”

Over the years, Zhifan Technology has been at the forefront of researching virtual currency crimes and has accumulated rich experience in blockchain big data. Data resources. Zhifan Technology realizes that in order to effectively combat virtual currency crimes, it is necessary to establish a new governance model that links police and enterprises. On the one hand, we must rely on the case-fighting capabilities of the public security organs to intensify the crackdown on virtual currency crimes; on the other hand, we must comprehensively improve the capabilities and levels of case-handling personnel and accelerate the training of new police talents.

Focusing on this idea, Zhifan Technology took the lead in developing the "Virtual Currency Tracking and Verification Platform" in 2018 to provide tool support for the public security in daily research and judgment of virtual currency cases, and established cooperation with hundreds of public security agencies across the country. . At the same time, relying on the "Zhifan Academy" of the Public Security Intelligence and Big Data Application Research Center, many training lectures related to virtual currency and virtual currency tracking and verification were carried out to help case investigators quickly master the skills of virtual currency tracking and evidence collection.

It is worth mentioning that in order to better solve the verification problem of virtual currency cases, based on big data analysis and mining of blockchain, Zhifan Technology combined its own practical experience to launch a new version of The virtual currency tracking and verification platform "Zhuji" has been significantly upgraded compared to the previous version, adding a variety of practical functions. It has the characteristics of obtaining the latest on-chain data of virtual currency in real time and tracking the fund flow of targets..

In addition, because blockchain virtual currency crimes are extremely confusing, it is difficult for ordinary people to identify them. Zhifan Technology exposed the criminal methods related to blockchain and virtual currency on its own official platform, and provided safety reminders to netizens through entertainment and education. At the same time, some safety precaution dramas will be produced to prevent everyone from being fooled.

Ye Mao said, "From the current point of view, regulatory policies will play a crucial role in the development of the industry. We hope to use blockchain big data analysis and other technical means to provide solutions for this type of development." Provide help in supervision, reduce the property losses of the people, and protect the blockchain industry. This is also the original intention of our business."

Ye Mao believes that the inevitable trend of blockchain governance is to start from "code. From "governance" to "governance by law", new money laundering crimes based on virtual currencies pose challenges to supervision. There is an urgent need to arm them with blockchain technology and fully apply blockchain big data to actual combat. This is exactly what "learning from foreigners" means. The best embodiment of "developing skills to control barbarians". (Zhang Fan)

❷ The future development prospects of blockchain

1. Blockchain has become the forefront of global technology development and opened up a new track for international competition. Blockchain will become a new key infrastructure to further accelerate the development of the digital economy, lead a new round of global technological change and industrial change, and become the "source" of technological innovation and model innovation. The world's major developed countries will further pay attention to blockchain technology, intensively introduce relevant policy plans, increase industrial support and guidance, and enhance the competitiveness of their country's blockchain technology and industry.
2. The digital currency bubble gradually cools down. With the spread and popularization of the concept of blockchain technology, more and more people will realize that Bitcoin is not the same as blockchain, and various air coins will be gradually eliminated. Blockchain technology innovation will return to a more rational track. Technical features such as decentralization, multi-party collaboration, and anti-calculation tampering will be highly valued by relevant industries. Some industries with strong innovation capabilities will continue to emerge with blockchain applications that have been transformed based on industry characteristics.

❸ What is the development trend of blockchain, and what about Heshu chain technology

The development trends of blockchain are:
01. The long-term direction of the blockchain industry Well, the core value is generally recognized;
02. Technology development is more pragmatic, with engineering and ecological construction becoming the focus;
03. Blockchain and privacy computing develop collaboratively;
04. Blockchain Chain interconnection has become the focus, and the future of value interconnection is promising;
05. The call for blockchain infrastructure is gradually rising, and the construction model still needs to be explored in depth;
06. Blockchain cannot conquer the world, and needs to cooperate with many Technology cooperation completes digital transformation;
07. The application of certificate storage takes the lead, gradually moving towards multi-party collaboration and value transfer;
08. The importance of the blockchain alliance business model is further highlighted;
09. Government Support will still be an important driving force for industrial development in the future;
10. The scale of blockchain practitioners is increasing, and the relative shortage of talents will continue to exist.

(3) Extended reading on the development of blockchain in political and legal work:
Blockchain is a chain composed of blocks one after another. Each block stores a certain amount of information, and they are connected into a chain in the order in which they were generated. This chain is saved in all servers. As long as one server in the entire system can work, the entire blockchain is safe. These servers are called nodes in the blockchain system, and they provide storage space and computing power support for the entire blockchain system. If you want to modify the information in the blockchain, you must obtain the consent of more than half of the nodes and modify the information in all nodes. These nodes are usually in the hands of different subjects, so it is extremely difficult to tamper with the information in the blockchain. thing. Compared with traditional networks, blockchain has two core characteristics: first, data is difficult to tamper with, and second, it is decentralized. Based on these two characteristics, the information recorded in the blockchain is more authentic and reliable, and can help solve the problem of people's mutual distrust.
Blockchain is still mainly used for certificate storage. For example, the application of blockchain in supply chain finance, product traceability, trade finance and other fields has achieved certain results, but its application model is still based on documents, contracts, The main thing is the deposit certificate of the bill. As the industry application of blockchain continues to deepen, in order to further promote the role of blockchain in promoting the development of the real economy, in the future, we will focus on the development of multi-party collaboration and value transfer applications.
Blockchain is not just a technology, but also a concept and a cooperation model. Blockchain will connect upstream and downstream parties in the industry, and it is necessary to rely on the common interests of the alliance to bring together all participants. At present, there are two main organizational models of blockchain alliances, namely, core organization leadership and participating organizations co-governance. Both blockchain alliance business models also have their own pros and cons. For the long-term and stable development of the alliance, how to build and which kind to build The model also requires continued in-depth exploration by the industry.

❹ How blockchain will develop in 2021

Blockchain empowers the development of the real economy. With the development of blockchain technology, its application scenarios have become more in-depth, ranging from commodity traceability, judicial certificate storage, government affairs, supply chain finance, trade finance, and social welfare to industrial management, energy and power, data transactions, public resource transactions, digital Identity, medical and health and other fields. In the future, as blockchain technology further develops, especially in terms of performance, scale, and security, its application scenarios will become increasingly widespread.
1) Blockchain industry life cycle. Determine the development stage of the industry by analyzing the market growth rate, demand growth rate, product varieties, number of competitors, entry and exit barriers, technological changes, user purchasing behavior, etc. of the blockchain industry;
2) Area The market supply and demand of the blockchain industry is balanced. By studying the supply situation, demand situation and import and export situation of the blockchain industry, we can judge the supply and demand balance of the industry in order to grasp the degree of market saturation in the industry;
3) AreaThe competitive landscape of the blockchain industry. Through the analysis of the bargaining power of suppliers in the blockchain industry, the bargaining power of buyers, the ability of potential competitors to enter, the substitution ability of substitutes, and the current competitiveness of competitors in the industry, master the five factors that determine the profit level of the industry. power;
4) The economic operation of the blockchain industry. Mainly for data analysis, including the number of competing companies in the blockchain industry, number of employees, total industrial output value, sales output value, export value, finished products, sales revenue, total profits, assets, liabilities, industry growth capacity, profitability, solvency debt capacity and operational capacity.
5) The main market competition enterprise in the blockchain industry. Including the company's products, business status (BCG), financial status, competitive strategy, market share, competitiveness (swot analysis) analysis, etc.
6) Investment, financing and mergers and acquisitions analysis. Including investment and financing project analysis, merger and acquisition analysis, investment area, investment return, investment structure, etc.
7) Blockchain industry marketing. Including marketing concepts, marketing models, marketing strategies, channel structures, product strategies, etc.
The Xueshuo Innovation Blockchain Technology Workstation under Lianqiao Education Online is the only approved "Blockchain Technology Professional" pilot of the "Smart Learning Workshop 2020- Xueshuo Innovation Workstation" launched by the School Planning, Construction and Development Center of the Ministry of Education of China. workstation. The professional base is based on providing students with diversified growth paths, promoting the reform of the training model integrating professional degree research, production, and research, and building an applied and compound talent training system.

❺ Multiple types of data are shared on the "chain", online and offline services are coordinated, and blockchain government affairs make things easier

What will happen when "blockchain + government affairs" collide? spark? Mawei Xingang Community in Fuzhou City, Fujian Province uses blockchain technology to solve the pain points of government informatization and launches a "blockchain + community certification" application. "This application can easily realize the electronic issuance of certificates required by enterprises and the masses, promote the transformation from 'reduced certificates' to 'no certificates', let data run instead of people running errands, improve service efficiency, and better serve the people. "Ms. Zhu, a citizen of Fuzhou, said.

Provident funds can be transferred and continued in other places

"Post-90s" Chen Jing joined a new company at the end of last year, and her work location changed from Hangzhou, Zhejiang to Chengdu, Sichuan. If you change your workplace, how can you transfer the previously accumulated housing provident fund to a new account? After consultation, Chen Jing learned that by searching for the "National Housing Provident Fund" applet on her mobile phone, she could realize the transfer to other places. According to the relevant person in charge of the Ministry of Housing and Urban-Rural Development, the "National Housing Provident Fund" mini program will be launched online in October 2021. The Ministry of Housing and Urban-Rural Development has deepened the application of new technologies such as blockchain to provide the mini program withThe operation builds a trustworthy data environment to ensure the security of depositors' information and funds. Thanks to blockchain technology, depositors can transfer housing provident fund accounts and funds across cities through mini programs. They no longer need to go to the counter to handle off-site transfers and continuations, which greatly shortens the processing time and further facilitates the cross-regional flow of human resources. .

Multiple types of data are shared on the "chain", online and offline services are coordinated, and the use of blockchain technology improves the efficiency of government departments and public satisfaction. For example, Haidian District in Beijing has opened a "Blockchain Zone" on the Haidiantong APP, which can directly handle public rental housing subsidies, Haidian District high-tech talent training subsidy approval, etc... With the application of new technologies such as blockchain, many government affairs The service realizes "one-stop service and full online service".

In addition, Zhuzhou City in Hunan Province has also innovated administrative approval service methods and launched blockchain application scenarios for electronic certificates, effectively improving the level of government data sharing and business collaboration efficiency; Fuzhou City has launched the "Rongcheng on the Chain" plan , exploring the use of blockchain technology in four fields including e-government, financial technology, social governance, and people's livelihood security.

Why does the government field favor blockchain technology? Industry insiders believe that blockchain technology has the characteristics of non-tampering, security, confidentiality and traceability, and is highly suitable for government service needs such as cross-domain data sharing and business collaborative management. Active use of blockchain technology can solve the problem of data sharing in the government service process. to solve problems such as difficulties in business coordination and improve government management services, overall planning and coordination capabilities.

Effectively supporting people’s livelihood services

Related management service platforms based on blockchain in many places in China have been launched frequently: in Jiangsu, the country’s first transfer of idle residential use rights based on blockchain technology The transaction was successfully completed. Relying on the provincial information service platform, the transaction information can be directly uploaded to the "chain" for certificate storage, ensuring that the housing source is credible and the results are traceable; in Zhejiang, the first intellectual property blockchain public certificate storage platform was officially launched, providing data Assets, original designs and other intellectual property rights provide efficient and fast certificate storage services; in Yunnan, the Provincial Market Supervision Administration and the Provincial Key Laboratory of Blockchain Application Technology jointly carry out Yunnan Province’s blockchain underlying chain food traceability work based on domestically produced independent , through blockchain technology, we can promote product source traceability, one-stop code, logistics tracking, responsibility identification and credit evaluation, so that blockchain technology can truly contribute to people's livelihood services.

Hu Kai, a professor at the School of Computer Science at Beihang University, told this reporter that the current blockchain industry applications are mainly divided into four categories: real economy, financial services, social governance and people's livelihood services. The government attaches great importance to guiding blockchain The application of chain in manufacturing, energy, government affairs, education and other fields has been implemented.

Active drive at the policy level has allowed blockchain to be used in industries such as judicial evidence collection and transportation and shipping data sharing.Keep pushing forward. In May, the Supreme People's Court issued the "Opinions of the Supreme People's Court on Strengthening the Judicial Application of Blockchain", proposing that by 2025, a blockchain alliance for interoperability and sharing between people's courts and all walks of life should be established to form a relatively complete blockchain judicial system. Field application standard system. In June, the Ministry of Transport issued the "Guidelines for the Construction of an Electronic Platform for Imported Dry Bulk Cargo Entry and Port Business Based on Blockchain" in June, proposing to promote the in-depth integration and development of blockchain technology and the transportation industry.

Let data flow safely and orderly

Hu Kai believes that today, with the rapid development of the digital economy, numbers and data are key elements for future social development, but there are still legal issues behind the data. , interoperability, privacy, security, traceability, storage, transactions and many other complex issues. How to make data flow more securely and orderly? Blockchain technology has broad room for development.

Blockchain technology is accelerating breakthrough applications and playing a role in establishing a trustworthy and secure digital economic order and promoting high-quality economic and social development. The China Academy of Information and Communications Technology released the "Blockchain Infrastructure Research Report (2022)" in July this year, proposing that as the scale of blockchain infrastructure construction continues to expand and operating capabilities continue to increase, blockchain can not only be used in encrypted digital Currency and other scenarios can also be applied in manufacturing, service industries and other fields. Typical application scenarios such as digital collections, data circulation, supply chain finance, and product traceability have emerged.

❻ Blockchain employment direction and prospects

Financial field: Blockchain technology can be used in digital currency, smart contracts, payment and settlement, etc., bringing more efficiency to the financial field , safe and convenient service.

Internet of Things field: Blockchain technology can realize identity verification, secure communication and data management of IoT devices, thereby improving the security and reliability of the entire IoT system.

Public service fields: Blockchain technology can be applied to public service fields such as government affairs, education, and medical care, and plays an important role in information sharing, data privacy protection, and social governance.

Other fields: Blockchain technology can also be used in supply chain management, intellectual property protection, games and other fields, and has broad application prospects.

Therefore, from the perspective of employment direction, blockchain technology talents can choose to work in different types of units such as financial institutions, technology companies, innovative enterprises, government agencies, etc., and engage in blockchain technology Development, application research, technical support, project management and other related work. At the same time, you can also expand your career development path through entrepreneurship and other methods.

❼ When there are differences in the time of occurrence of two events and similar economic indicators in form, relevant information from previous similar events can be used

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"Journal of Henan University of Finance and Economics" 2022 Issue 2 Summary
[Rule of Law in China]

1. "Feeling Fairness and Justice "Two aspects of the proposition
Xu Yawen, Huang Feng (1)
2. Theoretical structure and system improvement of environmental judicial cooperation in the Yangtze River Basin
Huang Xisheng, Shang Rui (8)
3 .Determination of compensation objects for cultivated land ecological protection in the context of "separation of three rights"
Liu Meng (17)
[People's Livelihood Law]
4. Clarification of the object of subrogation rights in the context of the "Civil Code"< br />Zhao Jing (27)
5. The evolution and enlightenment of the identification of mental illness and labor accidents in Japan
Shi Jingwei (37)
[Department of Law]
6. Environmental crimes Research on the Appropriateness of Penalty Regulations
Liu Defa, Bai Yanan (44)
7. Research on the standardized application of discretionary sentencing circumstances in judicial control of the death penalty for violent crimes
Wang Guangming, Wu Jinglei (52)
/>8. Typification of helping behavior under the network accomplice system and its path of attribution
Li Mingjian (68)
9. The practical dilemma of connecting my country’s commercial mediation mechanism with the “Singapore Mediation Convention” and its The path to cracking
Yang Anqi, Yang Shudong (75)
10. Debate and comments on the equity transfer model of limited liability companies
Chen Shengli (85)
11. Obstacles to the rule of law in overseas services provided by my country’s private security companies and countermeasure research
Li Luwei (94)
[Judicial System Research]
12. On the tension between the trial judge and the judicial unity and its resolution
Xu Shaobo, Zhang Ang (106)< br />13. The balance between controllable complexity and feasible simplicity in electronic litigation
Chen Jinbo (114)
14. Story model theory of detective thinking: story reconstruction and component proof of empirical facts
Gong Hanbing (125)
15. Online certification of electronic data from the perspective of judicial blockchain
Sun Menglong (138)
[Legal culture]
16. From the perspective of legal and political Modern Finance
——XuantongThree-year national budget as the center
Yang Tongyu (146)
17. Reflection on freedom of contract based on the family principle
Zhou Jianwei (157)
[Rule of Law in China]
1 .Two aspects of the proposition of "feeling fairness and justice"
Authors: Xu Yawen, Huang Feng (Wuhan University School of Law)
Abstract: "Strive to make the people feel fairness and justice in every judicial case" The proposal of this proposition not only reflects the shift in the rule of law from "visible fairness and justice" to "feeling fairness and justice", but it is also a leap forward for rule of law thinking and practice towards higher pursuits. The theory of subjective procedural justice provides theoretical support for interpreting the proposition of "feeling fairness and justice". From a psychological perspective, the theory of subjective procedural justice reveals three core elements that satisfy procedural participants’ feelings of fairness and justice: a sense of trust, a sense of dignity, and a sense of control. From a judicial perspective, the theory of subjective procedural justice enhances the sense of trust in the judicial process by preventing leading cadres from intervening in the judiciary, improves the mechanism for sorting out the focus of disputes and disclosing personal evidence to enhance the sense of dignity of the judicial process, strengthens the use of guiding cases, and gradually realizes deputy The files are made public to enhance the sense of control over the judicial process and ultimately achieve "feeling fairness and justice."
Keywords: subjective procedure; fairness and justice; judicial intervention; disclosure of evidence; guiding cases
2. Theoretical structure and system improvement of environmental judicial cooperation in the Yangtze River Basin
Authors: Huang Xisheng, Shang Rui ( Chongqing University School of Law)
Abstract: Environmental judicial cooperation in the Yangtze River Basin is an important legal guarantee for the Yangtze River Basin to "jointly implement large-scale protection and not engage in large-scale development". At present, environmental judicial cooperation in the Yangtze River Basin faces multiple difficulties such as incomplete scope of cooperation, inconsistent forms of cooperation, unclear cooperation subjects, and incomplete cooperation rules. Starting from the integrity, relevance and particularity of the river basin, environmental judicial cooperation in the Yangtze River Basin needs to break the current status quo of administrative divisions and block management, and build a "big river basin" environmental justice "big picture" in the Yangtze River basin based on ecological holism and collaborative governance theory. Collaboration” system. Specific methods include clarifying the legal connotation of environmental judicial cooperation in the Yangtze River Basin, improving the internal cooperation system for environmental justice in the Yangtze River Basin, and strengthening the external cooperation system for environmental justice in the Yangtze River Basin to modernize the governance of the Yangtze River Basin.
Keywords: Yangtze River Basin; environmental judicial cooperation; ecological holism; collaborative governance
3. Determination of compensation objects for cultivated land ecological protection under the background of "separation of three powers"
Author: Liu Meng ( Jilin University Law School)
Abstract: Cultivated land has important ecological resource value. Ecological gain is the basis for legitimacy of compensation for cultivated land ecological protection, and making a substantial contribution to the generation of ecological gain is the criterion for determining the objects of compensation for cultivated land ecological protection. The holder of the land contract management right is the one who suffers direct economic losses from the restrictions on the use of cultivated land and should be the object of compensation; the holder of the land management right fulfills the restrictions on the use of cultivated land, assumes the obligation to protect the overall cultivated land, and makes a substantial contribution to the ecological gain. , should also be the object of compensation.Local governments carry out macro-management of the environment of cultivated land, which supports the ecological gains of cultivated land. However, as the representative of public interests, the government cannot ask for compensation when performing its functions; rural collective economic organizations only play a supporting role in the ecological gains of cultivated land. , are not direct contributors to ecological gains, and should not be compensated for farmland ecological protection.
Keywords: "separation of three rights"; compensation for ecological protection of cultivated land; ecological gain
[People's Livelihood Law]
4. Clarification of the object of subrogation in the context of the "Civil Code"
Author : Zhao Jing (School of Civil and Commercial Economics, Henan University of Finance and Economics)
Abstract: There have always been disputes between legislation and theory regarding the object of subrogation. Such differences continue after the promulgation and implementation of the Civil Code, which is detrimental to on the implementation of the Civil Code and the unification of the rule of law. On the issue of determining the object of subrogation, we should make it clear that the legislative purpose of the subrogation system is to "protect the interests of creditors" and "not excessively infringe upon the private legal autonomy of the debtor". Therefore, on the basis of "upholding modesty" and other principles, The objects of subrogation can be defined as "general claims", "rights subordinate to claims", "necessary rights to increase liability property", "certain special financial claims", etc.
Keywords: Civil Code; object of subrogation; protection of creditor interests; general claims; subordinate rights; special financial claims
5. The evolution and inspiration of the recognition of labor accidents for mental illness in Japan
Author: Shi Jing Wei (Law School of Renmin University of China)
Abstract: In the context of changes in the labor environment, in order to protect the legitimate rights and interests of workers, Japan defines mental illnesses caused by labor stress as labor-related accidents and includes them as labor-related accidents ( Relief coverage of work-related injury insurance. The identification of work-related accidents caused by mental illness in Japan takes the quantification theory of work causes and the theory of considerable causality as the core standards, and has constructed a system structure with administrative identification as the preliminary procedure and judicial identification as the supplementary relief. Our country can learn from its certain experience, gradually include mental illness into the scope of work-related injury insurance, set up a specific identification standard system centered on "work reasons", and build an interactive identification system between administrative identification and judicial identification.
Keywords: Japanese labor accident identification; mental illness; administrative identification; judicial identification
[Department of Law]
6. Research on the appropriateness of environmental crime penalty regulations
Author: Liu Defa , Bai Yanan (Zhengzhou University Law School)
Abstract: The recent legislative changes to the content of the crime of environmental pollution embody the evolution of values ​​at the ethical level, the dynamic adjustment of valueless results and worthless behavior at the criminal level, and penalties. On the distributive concepts of level retributivism and preventionism. The three sets of antinomies existing at three levels have certain logical connections and developmental connections, and they can all be attributed to the conflict between the early protection of legal interests and the modesty of criminal law under the trend of positive legislation in criminal law. The development path of environmental crime management in my country should adhere to the appropriateness of criminal laws and regulations, with clear content of penalties, moderate scope of punishment, and balanced severity of crimes.We will implement the principle of proportionality in the allocation of penalties, refine the applicable range of fines and even expand security measures.
Keywords: environmental criminal law; environmental crime; concept of punishment; appropriateness of laws and regulations
7. Research on the standardized application of discretionary sentencing circumstances in judicial control of the death penalty for violent crimes
Author: Wang Guangming, Wu Jinglei ( Yantai University Law School)
Abstract: Discretionary sentencing circumstances are currently the most effective means of controlling the death penalty for violent crimes in my country. Its large discretionary space is not conducive to strict control of the death penalty. In practice, there is no unified identification standard for the severity of criminal consequences, the cruelty of criminal means, and the despicable motives of crimes; the unclear connotations of the victim's fault and civil conflicts lead to confusion in identification. In order to standardize the application of discretionary sentencing circumstances and reasonably limit the judge's discretion, the severity of criminal consequences should be determined strictly based on the specific number of deaths and other infringement consequences. The definition of cruelty should be based on both substantive and formal criteria. Only motives arising from randomly selecting crime targets and killing innocent people indiscriminately to achieve anti-social and anti-humanity criminal purposes can be deemed as despicable criminal motives. The legal basis for the victim's fault to affect sentencing is that it reduces the defendant's blameworthiness. The legal basis for civil conflicts affecting penalty discretion is that the defendant has little need for prevention. In the process of determining the death penalty for violent crimes, the normative significance and legal basis of the sentencing circumstances should be strictly followed, and whether it is necessary to impose the death penalty and be executed immediately should be carefully considered based on the sentencing circumstances of the entire case.
Keywords: Discretionary sentencing circumstances; violent crime; death penalty; judicial control
8. Typification of helping behavior and its blame path under the network accomplice system
Author: Li Mingjian (Wuhan University Law School)
Abstract: The alienation of the network accomplice system has caused many challenges to traditional accomplice theory and judicial practice. The types of helping behavior in cyberspace are diverse. Neutral helping behavior and one-sided helping behavior are widespread in the form of joint crimes on the Internet. Our country has gradually established a criminal liability evaluation system for Internet accomplices through criminal legislation and judicial interpretations. On this basis, in the face of obstacles to imputation of online assistance, we should adhere to the legislative model of accomplices under the General Principles of Criminal Law, affirm the application of one-sided accomplices, and improve the knowing judgment rules to better resolve the imputation of online joint criminal assistance. question.
Keywords: cybercrime; helping behavior; accomplice becoming a principal offender; liability system
9. The practical dilemma of connecting my country’s commercial mediation mechanism with the “Singapore Mediation Convention” and how to solve it
Author: Yang Anqi, Yang Shudong (Chongqing University School of Law)
Abstract: The signing of the Singapore Mediation Convention is an important international legal guarantee for multilateral cooperation in international trade, and is also a sign of the significant improvement in the legal enforceability and international liquidity of international commercial settlement agreements. . In order to achieve the connection between the domestic commercial mediation mechanism and the Convention, China should develop international commercial mediation legislation, supporting enforcement mechanisms for settlement agreements, mediation institutions and talents.We will coordinate and improve team building and other aspects, while taking advantage of the pioneering institutional advantages of my country’s free trade zones (ports) to deepen the commercial mediation experimental field and build an international commercial mediation legal system and operating system that not only conforms to international standards but also has Chinese characteristics.
Keywords: "Singapore Convention on Mediation"; international commercial settlement agreement; China's commercial mediation system
10. Debate and comments on the equity transfer model of limited liability companies
Author: Chen Shengli (Fujian Provincial Humanities Society Science and Technology Base Political and Legal Public Opinion Governance Research Center)
Abstract: In the equity transfer model of limited liability companies, there are disputes between formalism, company willism and party willism. There are two focuses of debate: first, whether the equity transfer requires public appearance as a requirement for effectiveness; second, whether the equity transfer requires company recognition as a requirement for effectiveness. The "Minutes of the Nine People's Meetings" adopted the theory that the registration of the shareholder register is effective, which is one of the formalist views. Formalism and corporate ideology both go beyond the literal scope of the relevant provisions of the current Company Law. The party will doctrine is in line with the nature of equity, in line with the interpretation of comparative law, and in line with the current situation of Chinese law, so it is more preferable. The core content of the party will doctrine is that, unless otherwise provided by law and the company's articles of association, changes in equity ownership of a limited liability company are generally subject to the transfer agreement of the parties. The delivery of the capital contribution certificate is not a requirement for the equity transfer, and the modification of the shareholder list It is a requirement against the company, and the change of industrial and commercial registration is a requirement against a third party outside the company.
Keywords: limited liability company; equity transfer model; formalism; company willism; party willism
11. Research on legal obstacles and countermeasures for overseas services of my country's private security enterprises
Author: Li Luwei ( Institute of International Law, Wuhan University)
Abstract: The security of overseas interests is an important part of overall national security and is related to my country's overall development interests and national security. Facing the complex and severe overseas investment environment, my country's overseas interests urgently need supporting security services provided by my country's private security companies. However, difficult legal issues such as strict market access in service provider countries, restrictions on obtaining gun-holding qualifications according to law, and high compliance risks during the service process have frequently hindered the overseas services of my country's private security companies. Relevant domestic rules and industry standards are not yet established, specific regulations on qualification certification, gun management, etc. are blank or inflexible. Domestic relevant supervision, accountability and punishment mechanisms are incomplete, and global regulations have not yet been deeply involved. These are the fundamental reasons why my country's private security companies have fallen into the above-mentioned predicament. Institutional barriers. Based on the new requirements of the overall national security concept based on the rule of law, from the perspective of national regulation, we put forward feasible suggestions at multiple levels such as rule formulation and mechanism construction, as well as domestic and international governance perspectives, to ensure that my country's private security companies can smoothly provide overseas services in accordance with the law. , to help companies bail out.
Keywords: private security companies; overall national security concept; gun management system; security industry standards
[Judicial system research]
12. On the tension between the trial judge and the judicial unity and its resolution
Author: Xu Shaobo, Zhang Ang (Huaqiao University Law School)
Abstract: There has been a tense relationship between the trial judge and the judicial unification in recent years in judicial practice. This is the current judicial system in China that promotes the trial judge. Reform and judicial unity-oriented legal systems conflict with each other to a certain extent. The imbalance of trial power and responsibility, the administrativeization of judicial accountability methods, the quality of the professional community of judges that still needs to be improved, and the "result-centrism" trial evaluation standards have jointly led to the tense relationship between the trial judge's judgment and judicial unity. Trial adjudication and judicial unity should be compatible in principle, because neither is absolute. There is a trade-off between the reviewer's decision and judicial responsibility, and there is a game between judicial restraint and judicial initiative. Appropriate reviewer's decision-making and appropriate judicial unity can be established without damaging the core elements of the other party. To resolve the tension between trial judges and judicial unification, it is necessary to fully implement the judicial accountability system, establish an external accountability mechanism, implement moderate and proactive judicial policies, and establish a "dual process and result-oriented" judge performance evaluation system.
Keywords: Trial Judge; Judicial Unification; Judicial Responsibility; Judicial Initiative; Judge Immunity
13. The balance between controllable complexity and feasible simplicity in electronic litigation
Author: Chen Jinbo (Chinese Politics and Law University Institute of Litigation Law)
Abstract: Electronic litigation should have the dual functional characteristics of controllable complexity and feasible simplicity. The way to increase the controllable complexity of electronic litigation is to: technically, establish a stable, secure and versatile electronic litigation platform, and realize the interconnection of this platform with other network platforms; from the legal system, confirm the legal effectiveness of asynchronous trials , establish a corresponding loss of power system, establish rules for the use of electronic signatures, and expand the court's acceptance of Internet-related administrative cases. To achieve feasible simplicity in electronic litigation, it is necessary to deeply explore the sources of complexity in electronic litigation and then take corresponding measures: in terms of technology, highlight the interactivity of electronic litigation platforms; in terms of institutions, strengthen the procedures for electronic litigation In terms of institutions, effective management of complex electronic litigation matters is achieved through network platforms; in terms of personnel, the ability of all parties to the litigation and judgment to use Internet technology and legal rules is improved.
Keywords: electronic litigation; functional characteristics; controllable complexity; feasible simplicity
14. Story model theory of detective thinking: story reconstruction and component proof of empirical facts
Author: Gong Hanbing ( College of Criminal Justice, Henan University of Finance and Economics)
Abstract: The particularity of the investigative context is reflected in the non-confrontational nature of investigative discovery compared with "legal discovery", and the integrity of investigative narrative is different from the dismantling of components of court proof. process. An assessment of its particularity can help alleviate tensions in the "trial center" that focus on case records. The story model jumps out of the "atomistic" cognitive process and replaces it with a "holistic" thinking mode. It describes the investigation of various clues and information and moreThe expansion of free information forms clarifies the inner reconstruction of empirical facts, with rational thinking being the decisive factor. The investigation story needs to collect the evidence in the case and explain the chain of inference. The problem is the "wholeness" requirements and "separation" obstacles of story construction, as well as the evidence problem of sorting out the chain of inference. "Knowledge about story construction" is the core content of investigative narrative. In the process of forming auxiliary investigative narratives and providing normative guidance for story models, accuracy constitutes an important criterion for judging fact-finding theories, and the grasp of error risk prevention and control is reflected in the response to "generalization of criminal wrongful cases" The concept is being revised.
Keywords: story model; investigative discovery; experience reconstruction; essential facts
15. Online proof of electronic data from the perspective of judicial blockchain
Author: Sun Menglong (Heilongjiang University Law College)
Abstract: As digital technology changes the way information is stored in physical space, irreconcilable contradictions arise between the technical needs of electronic data and the transformational application of judicial practice. The institutional construction of judicial blockchain provides a new development direction of "blockchain + justice" for the online certification of electronic data. In the evidence storage stage, the judicial blockchain establishes a trusted data carrier and a full traceability mechanism through stable data storage. In the evidence collection and proof stages, the judicial blockchain can assist in determining the authenticity of electronic data by relying on participation in the consensus, and connect the notary authority to issue certificates. In the cross-examination and certification stages, judicial blockchain can effectively reduce unstable factors in the electronic data generation mechanism and storage process, and improve judicial efficiency. The electronic data certification under the judicial blockchain platform has opened up a new level of judicial certification in the online certification of the entire electronic data process by coupling legal rules and technical consensus, forming a unique socialist judicial system with Chinese characteristics.
Keywords: blockchain technology; technical proof; participatory; electronic evidence; online proof
[Legal culture]
16. Modern finance from the perspective of law and politics
— — Focusing on the national budget for the third year of Xuantong's reign
Author: Yang Tongyu (Law School of Renmin University of China)
Abstract: China's modern finance is a product of the modernization of China's legal system. As China's first fiscal budget in the modern sense, the National Budget for the Three Years of Xuantong, its preparation and resolution not only highlight the inherent rationale of modern finance, but also reflect many aspects of law and politics. The branch promulgated a number of laws and regulations to gradually carry out financial clean-up, which provided the basic prerequisite for the preparation of the budget. Focusing on the preparation of the national budget for the third year of Xuantong, various ministries, local governors and branches formed a struggle. The preparation of the deficit budget reflected that the branch was in a quagmire of "discrepancy between name and reality" and presented the complex power relations in the late Qing Dynasty. The Zizhengyuan's resolution on the national budget for the third year of Xuantong was the first time that a public opinion organ supervised the national finance. The Zizhengyuan established a budget and final accounts committee and worked hard to organize members to review the budget by subject. The budget deficit of the branch was revised to a surplus after a resolution of the General Assembly of the Zizhengyuan. The procedural issues that existed during this process are worthy of reflection. Viewed from a legal and political perspective, The name of the power does not match the reality, and the expediency of the procedures is actually an end of modern financial reflection. Under transitional politics, achieving self-consistency of power through rules and achieving a good legal and political order will achieve better results.
Keywords: legal affairs; finance; budget bill; degree branch; Zizhengyuan
17. Reflection on freedom of contract based on the family principle
Author: Zhou Jianwei (Law School of Renmin University of China)
/>Abstract: Freedom of contract is based on individualism. While breaking the shackles of identity and bringing about individual liberation and freedom, it also leads to the rupture of the original relationship between people and their families. This rupture means the confrontation between inter-subject relationships, private The disorderly expansion of interests has evolved into the focus of social conflicts; it also means the rupture of the relationship between people and history, and the common historical sense of interdependence between subjects no longer exists. As a result, modern society has fallen into a public crisis. Home is the basic order form of human society. Through Chinese home culture and conceptual thinking, we can re-understand the normative meaning and value of home. The family is essentially the carrier of symbiosis. Starting from the nature of the family, we can redefine the relationship between subjects and construct the family principle based on "theory of co-existence - family ethics - common interests". The principle of family is not a comprehensive denial of freedom of contract, but an improvement and enrichment of it. Its significance mainly lies in: on the one hand, reflecting on and transcending the individualistic foundation of freedom of contract, and activating people's meaning of life and sense of belonging with the theory of co-existence; on the other hand, On the one hand, it reconstructs public ethics based on family ethics, tries to bridge the gap between private autonomy and public autonomy, and actively seeks the obligations and ethical conditions for the realization of freedom.
Keywords: freedom of contract; individualism; family principle; relational ethics
"Journal of Henan University of Economics and Law" is a legal professional academic journal sponsored by Henan University of Economics and Law. Founded in 1986, the original "Journal of Henan Political and Legal Management Cadre College" was renamed "Journal of Henan University of Finance, Economics and Law" in 2012. This journal adheres to the journal’s philosophy of “investigating things to gain knowledge and propagating the Dharma with enlightenment”, adheres to the academic nature of the journal, pursues academic innovation, strictly abides by academic norms, and pays attention to cutting-edge issues, hot spots, and difficult issues in legal theory and practice, as well as the profound reasons behind them. Hierarchical legal research, focusing on system construction; tolerating different academic viewpoints and academic thoughts.
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Editor | Wu Shan
Reviewers | Liang Xuezeng and Zhang Wenshuo
Article Statement | This article is only for learning and communication. If there is any infringement, we will delete it in time. This article does not represent the legal opinions of Peking University Legal Information Network (Peking University Legal Information Network) and Beijing Peking University Yinghua Technology Co., Ltd. or the interpretation of relevant regulations/cases/events, etc.