Abstract

Can“the Movement of Not in My Back Yard”Raise the People’s Willingness to Resist——An Analysis Based on the National Poll Data

A Legal Theory Study on the Qualitative Treatment of Agreed Bribery

On the Core Position of the People’s Congress System in the Construction of the Society Ruled by Law——From the Perspective of Constitutional Administration and Constitution Ruling

Return to Aristotelian Theory of Argumentation Goodness

The Research to the Theory of Deliberation and Cooperation from the Liberalism Perspective
——Taking the Thought of Rawls as the Analysis Object

Wang Hongshu（57）

Abstract:Being an important democracy form,deliberation and cooperation has deep thought resources in liberal democracy theory.Liberal democracy theorists,in which John Rawls is a symbol,have developed relatively complete liberal theory of deliberation and cooperation.Multivariate rationality in contemporary society is the social base of deliberation and cooperation.Original position and the veil of ignorance are theidealizedbackgroundassumptionofdeliberationandcooperation.Liberty,equality,mutually disinterested and the reasonable are the assumption to the subjects of deliberation and cooperation.The principle of justice and public reason,are the guide principles to deliberation and cooperation.Public proof,overlappingconsensusandmethodofavoidancearethebasicmethodsofdeliberationand cooperation.Through the political practice of deliberation and cooperation,liberal democracy theory is trying to promote multi-cooperation and political stabilization.It deepens people cognitive to the theory and practice of deliberation and cooperation from an unique perspective.

Democracy;Deliberation and Cooperation;Liberal Democracy;Rawls

Can“the Movement of Not in My Back Yard”Raise the People’s Willingness to Resist——An Analysis Based on the National Poll Data

Wang Kuiming,Yinhang（66）

Abstract：In recent years,China’s movement of not in my back yard has become more and more serious,and a number of such major movements have a great social impact.Have the will of the city people who have experienced the movement will be improved?Based on the study of the national poll data,it is found that the willingness of the people to resist the movement has not been improved,on the contrary,has been reduced compared with the cities that do not have the movement.Through further regression analysis,it is found that local government environmental performance is the core factor of this difference.Theoccurrenceofthemovementwillhelptoimprovethegovernment’senvironmental performance and reduce the people’s willingness to fight,so as to realize the positive interaction between the government and the people.

Key words：the Movement of Not in My Back Yard;Willingness to Resist;Government Environmental Performance;Government Environmental Credibility

A Legal Theory Study on the Qualitative Treatment of Agreed Bribery

Wei Dong（73）

Abstract：The agreed bribery refers to the state staff’s behavior agreed or promised with the trustee after the state staff’s departure or in some other conditions to accept the trustee’s property in,before or after the process of seeking benefit for the trustee by using the convenience of their duties.It will not be punished to show mens rea unintentionally or preparing for a crime of agreeing to accept the ordinary property,which has become China’s judicial rules.The key point of the existing uncommitted bribery crime of agreeing to accept dry share is to examine whether the bribery has“proceeded”by the agreed bribee and its specific content.One is that the agreed bribee has“proceeded”to carry out the behavior of accepting the dry share and committed the bribery crime of accepting the dry share.Another case is that the agreed bribee has not yet“proceed”to implement the behavior of accepting dry shares and doesnot constitute the acceptance of dry shares of bribery,but if the agreed bribee has embarked on the implementation of the“share dividends in the name of the interests”,he or she commits the bribery crime of accepting corresponding interest according to the law.For the behavior of accepting investment income,if the agreed bribee has actual investment,he or she should not be regarded as committing a bribery crime;if the agreed bribee has no actual investment,he or she should be regarded as committing a bribery crime according to law.

Key words：Agreed Bribery;Agreed to Accept Performance Shares;Agreed Investment Income;the Amount Of Bribery;Attempted Bribery

On the Core Position of the People’s Congress System in the Construction of the Society Ruled by Law——From the Perspective of Constitutional Administration and Constitution Ruling

Wang Guanghui（87）

Abstract:The National People’s Congress system is China’s fundamental political system.It takes the core and key status in the national government system.Therefore,in the process of construction of the rule of law society,in order to realize“governing the country by constitution”,we must take the effective use of theNational People’s Congress as a foundation,consummate the electoral system of the National People’s Congress,develop and perfect the National People’s Congress meeting and work system,implement the constitution supervision system and improve the socialist lawsystem.In the realization of“holding power by constitution”aspect,respect and maintain the authority of the National People’s Congress system is the premise.The Party organizations and Party membersshould establish a strong sense of the authority of the constitution，that is the identity consciousness of national governance system which takes the People’s Congress system as a core.We should make the Party’s decisions，policies and regulations in accordance withthespiritofthepeople’sdemocraticsystemestablishedbyconstitutioninwhichthePeople’s Congress systemacts as a core.

Key words:Law-ruled Society；the National People’s Congress System；Governing the Country by Constitution；Holding Power by Constitution

Return to Aristotelian Theory of Argumentation Goodness

Xiong Minghui,Du Wenjing（98）

Abstract:Argument(ation)is the basic means of communicative rationality while its goodness is the basic criterion to evaluate whether argument(ation)is good or to access communicative rationality.Aristotle presentedatriplecriterion-analytical,dialectical,andrhetorical-forevaluatingthegoodnessof argumentation.It shows that Aristotle’s theory of argumentation goodness has the strong function of social practice as instrumentality of communicative rationality.However,after Aristotle the triple had gradually separated into three relatively independently criteria,i.e.,logical,dialectical,and rhetorical,accordingly, the theory of argumentation goodness step by step lost its function of social practice.Fortunately,after the middle of 20th century,the successive rise of informal logic,non-monotonic logic,and argumentation theory makes argumentation theorists to refocus on Aristotelian triple.For this reason,in this paper we will reconstruct a new triple,called the LDR criteria,for evaluating goodness of argumentation in light of both logical,dialectical and rhetorical criterion.

Keywords:Aristotle;GoodnessofArgumentation;CommunicativeRationality;Instrumental；“LDR Criteria”