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33-AUG LA LAW 35FOR EDUCATIONA L USE ONLY Page 1 33-AUG L.A. Law. 35(Cite as: 33-AUG L.A. Law. 35)Los Angeles LawyerJuly-August, 2010Feature*35 ALT-DELETEJudges Have Made It Clear that Ignorance Is No Longer an Excuse for Spoliationof E lectronic EvidenceElleanor H. Chin, Ryan D. Derry[FNa1]Copyright © 2010 by the Los Angeles County Bar Association; Elleanor H. Chin,Ryan D. DerryLAWYERS may be surprised to learn the extent to which they risk sanctions for not preserving electronically stored information (ESI) correctly. Indeed, recent headlines regarding judicial action in the electronic discovery area reveal a minefield of sanctionable conduct. Fortunately, court decisions regarding the preservation of ESI provide practical insights into common mistakes that, once understood, are easy to avoid.Courts have defined "spoliation" as the "destruction or significant alteration of evidence, or the failure to preserve evidence for another's use in pending or future litigation." [FN1] In January 2010, a federal district court in New York stated, "By now, it should be abundantly clear that the duty to preserve means what it says and that a failureto preserve records--paper or electronic--and to search in the right places for those records, will inevitably result in the spoliation of evidence." [FN2] This statement, from the court's decision in Pension Committee of the Un i-versity of Montreal Pension Plan v. Banc of America Securities LLC, captures the state of the law as it has d e-veloped in the past six years. It is expected to be the standard in the area of electronic evid ence preservation for some time to come.The Pension Committee decision also illustrates an emerging theme of judicial intolerance for litigants who convey to the court their inattention to detail in discovery practice and thus their lack of respect for the judicial process. Pension Committee's author, Judge Shira Scheindlin of the U.S. District Court for the Southern District of New York, also authored the seven opinions in Zubulake v. UBS Warburg LLC, known as the Zubulake line of cases, which are the standard-setting decisions in modern electronic discovery. [FN3]Pension Committee sum-marizes a number of key decisions in the intervening years since the last Zubulake opinion and contains the i m-plicit admonition to lawyers that they clearly have not been paying attention to what the court held before.This tone from the bench should make litigators *36 sit up and take notice. The duty to preserve documents fallson both litigants and counsel. For this reason it is important for litigators to understand not only the substantive requirements in this area, including issuing a written instruction to preserve documents, but also the potential consequences--including sanctions against counsel personally.Practice and precedent in the area of electronic discovery have been evolving since the late 1990s, with an in-creasing formalization since the adoption of amendments to the Federal Rules of Civil Procedure in 2006. [FN4] State courts have also adopted rules to address the handling of electronic evidence in discovery and trial, including the adoption in California of Assembly Bill 5 in 2009, the Electronic Discovery Act. [FN5]Federal and state courts around the country have issued detailed decisions analyzing many nuances of attorney decision making, providing practical guidance on handling ESI.The California Court of Appeal recently explained that spoliation is condemned because it "can destroy fairness and justice." Without access to complete evidentiary information, the risk of an erroneous decision increases. [FN6] Most practitioners are well aware of the impact of spoliation and condemn the conscious destruction of evidence. However, "spoliation" encompasses far more than intentional destruction of materials. The culpability for spoliation ranges from negligence to intentional conduct. [FN7]While many decisions addressing spoliation focus on intentional destruction of evidence, those rulings are not particularly enlightening to the average litigator. If parties or counsel cannot figure out on their own that such behavior is inappropriate, telling them so will not help. Cases involving the deliberate purging of data on BlackBerries (Southeastern Mechanical Services v. Brody) [FN8] or disposing of laptops during litigation (Arista Records LLC v. ) [FN9]make entertaining reading in the sensational manner of reality television. Less clear is how lawyers can avoid conduct that could result in a finding of spoliation in which something less than conscious destruction occurs. For example, Pension Committee stands for the proposition that certain basic standards of practice regarding litigation are so commonplace and widely understood that ignorance, even if innocent, is no longer an excuse that will avoid sanctions.Like the types of sanctions available for spoliation under the Federal Rules of Civil Procedure, the sanctions that the California Code of Civil Procedure provides are equally broad and far ranging. Following notice and oppo r-tunity for a hearing, a court may impose several types of sanctions: 1) monetary sanctions (against a party or attorney), 2) issue sanctions, 3) evidence sanctions, or 4) terminating sanctions. [FN10] As a general rule, sanc-tions imposed for spoliation are not intended to punish the offending party but are instead supposed to remedy the underlying discovery abuse that has been committed. [FN11]Issue or terminating sanctions are typically re-quested to remedy the loss of relevant evidence due to spoliation. [FN12] An issue sanction would result if a court orders that "designated facts shall be taken as established in the action in accordance with the claim of the party adversely affected by the misuse of the di scovery process." [FN13] Or a court may issue terminating sanctions for particularly egregious cases of intentional spoliation of evidence. [FN14]Federal and State S poliation TestsFederal courts typically apply a three-part test in determining whether a party is responsible for spoliation. The party seeking sanctions must show that:1) The party that has control over the evidence had an obligation to preserve it at the time it was destroyed.2) The records were destroyed with a culpable state of mind. [FN15]3) The relevance of the destroyed evidence to the party's claim would allow a reasonable trier of fact to find that the evidence would support that claim or defense. [FN16]Courts have held that relevance can be established in a number of ways. They have found that relevance "may be inferred if the spoliator is shown to have a sufficiently culpable state of mind." [FN17] A lso, the "moving party may submit extrinsic evidence tending to demonstrate that the missing evidence would have been favorable to it." [FN18]Application of the federal test continues to evolve. In Scalera v. Electrograph Systems, Inc., [FN19] a federal district court in the Eastern District of New York found the defendant negligent because counsel communicate d the preservation obligation orally, and the defendant did not commence the process to s earch hard drives until after the human resources director had retired and her hard drive had been erased. [FN20]Nevertheless, the court ultimately did not impose any sanctions. Instead, the court held that the plaintiff had submitted no extrinsic ev i-dence "tending to demonstrate" that the deleted materials would have been helpful to her case. [FN21]The more recent Pension Committee case presents a slightly different analysis. In Pension Committee, a case originally filed in February 2004, the court held that a group of plaintiffs who failed to issue a written litigation hold until 2007 were not only negligent but grossly so. [FN22] The court also found that one or more of the plaintiffs failed to collect or preserve any electronic documents prior to 2007 and continued to delete documents after the duty to preserve arose. The court concluded that "it is fair to presume the responsible documents were lost or destroyed. The relevance of any destroyed documents and the prejudice caused by their loss may also be pre-sumed." [FN23] The court held that a spoliation instruction was the appropriate sanction. [FN24]Subsequent to Pension Committee, Judge Lee Rosenthal in the Southern District of Texas issued her ruling in Rimkus Consulting Group v. Cammarata [FN25]--a decision commentators sometimes treat as a companion to Pension Committee. In Rimkus, Judge Rosenthal applied a slightly different standard for finding culpable ne g-ligence. [FN26]The Rimkus test includes an analysis of reasonableness and proportionality, compared to what many perceive as a bright-line test in Pension Committee. According to Judge Rosenthal, "Whether preservation or discovery conduct is acceptable in a case depends on what is reasonable, and that in turn depends on whether what was done--or not done--was proportional to that case and consistent with clearly established applicable standards." [FN27] Accordingly, under the Rimkus test, the extent of preservation efforts should be analyzed in light of factors such as the size of the lawsuit and the burden of the preservation efforts.In California, courts apply a burden-shifting approach that requires the accused spoliator to disprove any preju-dice:[A] party moving for discovery sanctions based on the spoliation of evidence must make an initial, prima facie showing that the responding party in fact destroyed evidence that had a substantial probability of damaging the moving party's ability to establish an essential element of his claim or defense. [FN28]In Williams v. Russ, [FN29] the California Court of Appeal's application of this burden-shifting test resulted in the imposition of terminating sanctions. The court determined that the plaintiff had intentionally allowed material unfavorable to his claims to be destroyed. As to the relevance test, the trial court applied a burden-shifting test that was affirmed on appeal: "Because [the plaintiff] bore the burden of disproving prejudice [under the bu r-den-shifting test], he was required to show that any other documents from the file that he claimed existed [and did not spoliate] would in fact have allowed [the defendant] to adequately reconstruct the client file. He did not." [FN30]A useful resource for lawyers analyzing the issue of electronic discovery sanctions can be found at the blog e-Discovery Team, written and moderated by electronic discovery scholar Ralph Losey. [FN31]Losey's blog offers a *38 holistic approach that is informed but not driven by case law. In an article posted on the blog, William Hamilton presents an "E-Discovery Sanctions Cube" demonstrating how sanctions become increasingly likely as a party or counsel progresses along a graph of vertical and horizontal axes that represent willfulness, prejudice, and time. [FN32]For example, discovery errors that occur with a low degree of willfulness but perhaps create prejudice may be less likely to result in sanctions than a more willful, equally prejudicial mistake. As time to correct or remedy the error before trial decreases, the likelihood of sanctions also increases.Hamilton's analytical framework is useful for considering Pension Committee and a number of other decisions in the electronic discovery arena, including the infamous Qualcomm v. Broadcom [FN33] series of decisions. These are often referred to as "judicial frustration" or "angry judge" cases. Without regard to the exact legal factors in a particular jurisdiction, it is simple and reasonable to look at a case and posit, "The longer you wait, the worse the problem gets; the worse the problem gets, the more prejudice to the party; and if you compound the problem by incompetence or inattention, you will offend the court." Under these circumstances, woe betide the litigator.Beyond ZubulakeThe decisions in electronic discovery cases are fact-intensive. Reading them requires a time investment, but practitioners can derive practical benefits from the mistakes of others in this area. The rulings apply critical judicial hindsight to litigation decision processes (or sometimes the lack of decisions).Pension Committee [FN34] involved parties who were accused not of misconduct but merely of carelessness. The case involved claims by multiple investors of securities fraud against a group of funds. Judge Scheindlin found that numerous plaintiffs had been aware of the likelihood of litigation and yet failed to issue written litigation holds or undertake practical steps to preserve documents. As a result of the plaintiffs' failures to correctly i m-plement preservation procedures, the court found that e-mail had actually been deleted and lost, and the cir-cumstances warranted a finding that the lost material would have been relevant. Ultimately a number of plaintiffs were sanctioned for spoliation in the form of an adverse jury instruction. [FN35]Judge Scheindlin took the opportunity to outline standards for finding negligence, gross negligence, and wil l-fulness, as those terms are used regarding spoliation of evidence. Also, with respect to the actions of the plaintiffs, she discussed the type of conduct that falls in each of these categories, both generally and specifically. The judge found that in addition to the failure to issue written preservation instructions, the processes that the plaintiffs had followed to collect documents were inconsistent and unreliable, often including failure to identify and collect large amounts of e-mail. Some of these failures were a result of allowing the plaintiffs' executives or employees to decide individually what information might be relevant, and some resulted from having the data collection overseen by those with little knowledge of the parties' IT infrastructure or the steps necessary for proper colle c-tion.The basic lessons of Pension Committee are first, when the party anticipates litigation, the party should issue instructions--in writing--to preserve documents and ESI. Second, those accountable for implementing the litig a-tion hold should have sufficient personal knowledge of the technical processes to determine whether they are appropriate and are actually likely to capture all relevant information. Pension Committee's explicit requirement that the litigation hold notice must be in writing arguably changes the existing standard. However, the account a-bility requirement is not new. Instead, it simply restates what litigators should already know. They must under-stand the evidence--most specifically, what it is, and where it resides.Swofford v. Eslinger, [FN36] a September 2009 decision from the Middle District of Florida, is a decision in which the facts are straightforward, the language is blunt, and the take-home message for attorneys is unambi-guous. If attorneys had not learned from Zubulake and its progeny to date that counsel is responsible for i mple-menting and monitoring effective preservation of evidence, including specifically ESI, they cannot miss that message in Swofford.The court captures the time frame for ESI preservation (or lack thereof) with precision. The claim was a state law tort and 42 USC Section 1983 action brought by Robert Swofford against the sheriff of Seminole County, Florida, and two individual deputies. The deputies had shot Swofford multiple times during the pursuit of an unrelated fleeing criminal suspect onto Swofford's property. The incident with Swofford and the deputies occurred in April 2006. In August 2006 and February 2007, Swofford's counsel sent letters to the sheriff's office requesting that evidence relating to the incident be preserved. Both deputies permanently deleted e-mails from their accounts between April 2006 and April 2007. The laptop of one of the deputies was erased in Oct ober 2007. Key physical evidence--including the guns, radios, and uniforms the deputies wore during the incident--were recycled, mis-placed, or destroyed at various times after the plaintiff sent the preservation requests to counsel.The court found that the steps taken by the sheriff's office to preserve documents were so ineffective as to warrant a finding of deliberate misconduct. [FN37] The in-house counsel of the sheriff's office acknowledged receiving the letter to preserve evidence, but admitted that he had done nothing to see that evidence was actually preserved other than send copies of the letter to the sheriff and several high-ranking officers within the sheriff's office. The two individual defendants never personally saw the request to preserve evidence, although the court found they had received notice through the in-house counsel and were accountable for complying. The court cited Zubulake and noted, "It is well established that counsel may not simply distribute a single written request to preserve evi-dence and do nothing more." [FN38]The Swofford court granted the plaintiff's motion for sanctions for bad faith spoliation, including the recycling of the deputies' laptops and the deletion of e-mail. The order also sanctioned the in-house counsel personally for not effectively implementing the hold as well as issuing monetary sanctions in the form of a fee award and an adverse inference instruction.Swofford and Pension Committee are cases in which the facts were complex and the stakes were high. Moreover, those high stakes were most likely apparent from the inception of the case. Both Scalera v. Electrograph Systems, Inc. [FN39]and Estrada v. Delhi Community Center [FN40]involved sanctions for spoliation of ESI in sin-gle-plaintiff employment discrimination cases. Rimkus v. Cammarata, a noncompetition case, falls somewhere in the middle.One of the common questions that arises in discussions of electronic discovery is how to manage its impact in smaller cases, including those involving small business contracts, collections, and single-plaintiff employment claims. Practitioners should know that the underlying ethical and process management requirements in a small case are no different than in a large case and should in some ways be easier to address.In Scalera, the plaintiff brought suit under the Americans with Disabilities Act and New York's human rights law for claimed failures to accommodate her chronic illness. She had a fall on the job and filed a workers' compe n-sation claim. Her employment ended, she made an claim with the EEOC, and then she brought suit. The decision addressed her motion for sanctions for spoliation. The plaintiff alleged that the defendant had been negligent in not properly implementing a litigation hold and in failing to produce e-mail communications that would have revealed *39 the plaintiff's requests for accommodation. The defendant contended that various types of ESI were unre-coverable, [FN41] and the plaintiff requested an adverse inference instruction.The court found that the employer's determination of when the duty to preserve arose was the right one. The defendant was on notice when it received the EEOC notice, not when the plaintiff fell or when she retained a lawyer or sent a demand letter to the landlord on a slip-and-fall injury. [FN42] Thus, because the EEOC charge was received after the date the plaintiff's hard drive and e-mails were erased pursuant to the defendant's policies, no duty to preserve potential evidence was breached. [FN43] In contrast, the hard drive of the director of human resources was erased following her retirement, which occurred over a month after the defendant received the plaintiff's EEOC charge. Thus, the court found that the defendant had been negligent in failing to preserve those documents, because the obligation to preserve already existed.Given the influence of Judge Scheindlin's rulings in this area, the standard in Pension Committee is likely to be cited over the Scalera analysis of culpability and nonimposition of sanctions. However, the facts in Scalera remain illustrative of common discovery problems that crop up in smaller cases. Much of the defendant's initial response to litigation appears to have been conducted in house--probably because the claim was straightforward, and keeping costs low was a priority.In-house counsel called a meeting to instruct employees to preserve data but did not circulate a formal litigation hold instruction. The company's IT group began collecting data from individuals designated by counsel at the first meeting as sufficiently important within the company. The key HR executive's computer was wiped and recycled. (This is a common risk when a litigation hold goes only to individuals with knowledge of case-specific facts and not to institutional custodians of information, such as management for IT and HR.) Individual employees had idiosyncratic ways of retaining e-mail outside of the company's backup system, and the company did not account for this, claiming that its HR records process provided for all pertinent records, such as e-mail requests for ac-commodation, to be printed out and placed in individual personnel files. The plaintiff produced e-mails that had not been printed and had not been produced by the defendant.The defendant escaped sanctions because the court concluded that the lost data would not have helped the plaintiff. But the fact remains that the court found in this case that the discovery response was negligent.Estrada v. Delhi Community Center, an unpublished 2009 court of appeal decision, is an unusual case because the plaintiff received terminating sanctions for electronic discovery violations (as well as other discovery problems).A close reading of the facts indicates that plaintiff's counsel was making multiple inappropriate tactical decisions and abusing the discovery process in more ways than just those concerning the electronically stored evidence. The electronic discovery issue was the plaintiff's conduct in taking her personal computer to a repair shop and having the operating system reinstalled during the course of the litigation. It is not clear how technically sophisticated she was personally (or how sophisticated her counsel was), but the court held that the plaintiff was informed about the reinstallation process and aware that it would result in the deletion of data. [FN44] There was no question that the plaintiff was on notice of the need to preserve data, because her counsel was closely involved in ongoing dis-covery, and the computer was alleged to contain material relating to her claims.Guidance for LitigatorsBy the time a problem with the preservation of ESI comes to light, courts are left to reconstruct decisions made months if not years before, as in Pension Committee. The body of law on spoliation of ESI has now evolved well enough to be very useful for litigators generally, if not for the parties in the already decided sanctions decisions.Pension Committee has attracted voluminous, detailed commentary and analysis, including discussions on the standards of care and whether the decision mandates that failure to issue a written litigation hold is negligence per se. Pension Committee does not address counsel conduct separate from that of the party, but Swofford received attention because it addresses the part of the Zubulake decisions establishing that evidence preservation is a lawyer's personal and ethical responsibility, separate from the obligation of his or her litigant client. While Swofford involves no written instruction to preserve documents other than the request of the plaintiff's counsel, the activity in that case occurred when Zubulake was a well-known and well-publicized legal standard. Zubulake and Swofford teach that a lawyer must have personal knowledge of the measures taken to implement a litigation hold. The cases further instruct that a party (and thus the party's lawyer) must conform to a specific standard of conduct to ensure that documents do not actually get deleted or disappear.Attorneys are required to perform their duties competently in the representation of their clients. [FN45]Com-petence includes the ability to advise clients about preservation--both the timing of preservation obligations and *40 the actual substance and process of preservation, including the type of data and format for collection, but also what kind of ESI is likely to be inadvertently lost. Judges now expect counsel to be competent in electronic dis-covery. In admonishing counsel, a judge stated, "Electronic discovery requires cooperation between opposing counsel and transparency in all aspects of preservation and production of ESI .... It is time that the Bar--even those lawyers who did not come of age in the computer era--understand this." [FN46]Effective electronic discovery starts with properly implemented preservation, including the issuance of clear, practical, preservation instructions. The duty to preserve is a dual duty, falling on both counsel and parties. De-cisions like Swofford [FN47]make it clear that attorneys have an independent duty to preserve information as well as a duty to ensure that the client also does so. Failure to properly preserve electronic evidence is a breach of an attorney's professional obligations as well as a breach of the attorney's duty to provide competent professional service to the client. Counsel who breach their dual duties place themselves and their clients at risk for sanctions.What Pension Committee requires for parties regarding their conduct indirectly creates more specific and detailed requirements for counsel. [FN48]In Pension Committee the absence of a written litigation hold was part of the problem. [FN49] Most counsel will probably deduce that they must issue a formal written communication for a litigation hold. This is a prudent default approach but, like all rules, proper application depends mostly on lawyers having a nuanced, context-sensitive understanding of what the rule means. For example, if a client is a very small entity with very few computers (as were some of the sanctioned plaintiffs in Pension Committee), counsel may question whether it is really necessary to issue a written preservation instruction. However, if the employees in the small organization are not tech savvy and have no understanding how to prevent deletion of documents, counsel's obligations include the development of that understanding on the part of both counsel and client employees and instructing the client to make a record of the necessary instruction and its implementation.By contrast, in a large and complex organization with a well-informed and sophi sticated IT staff, the client presumably is capable of implementing a litigation hold. Indeed, the client may have an existing litigation hold protocol and a written form for issuing the holds. However, if the claim concerns sexual harassment, for example, or stalking by an executive or a technically sophisticated employee with a high security clearance, issuing awritten litigation hold may be affirmatively *41 harmful because it may alert a significant witness or codefendant to delete e-mail. In that case, the best implementation of a litigation hold strategy may include a directive from outside counsel to inside counsel only, as well as a call for an immediate forensic investigation documented solely in counsel's files.It is easy to say that the cure for preservation problems is to issue litigation holds consi stently and document the steps to implement them. However, these actions are only part of counsel's responsibility. The real solution is for practitioners to take the issuance and implementation of litigation holds seriously and treat the evidence prese r-vation process as an integral part of the litigation response and investigation.Early evidence assessment and preservation sets the stage for executing the rest of the case correctly. Practitioners should be flexible and consider the possibility that litigation may terminate early and not require a detailed and prolonged investigation and collection of data. Nevertheless, counsel's preservation model should prepare for a launch into the full-scale collection of ESI.Cases like Swofford critique (and impose consequences for) the unexamined and mechanistic circulation of litigation holds. Most litigators understand that at some point they should acquaint themselves in detail with witnesses and evidence. The requirement to issue a litigation hold ensures that counsel will do so sooner rather than later, because issuing a litigation hold correctly requires counsel to understand precisely where potential evidence resides and how witnesses communicate with one another.All litigators learn--or should learn--the difference between, and the consequences of, doing their jobs while fully engaged or practically asleep. The lesson of Pension Committee may just be that simple.[FNa1]. E lleanor H. Chin is a partner in the Portland, Oregon, office of Davis Wright Tremaine LLP. Ryan D. Derry is an associate in the firm's Los Angeles office. Chin's practice involves commercial and complex litigation and electronic discovery consulting. Derry's practice includes representation of employers in class actions and employment discrimination matters.[FN1]. Williams v. Russ, 167 Cal. App. 4th 1215, 1223 (2009) (citing Willard v. Caterpillar, Inc., 40 Cal. App. 4th 892, 907 (1995)). See also Kearney v. Foley & Lardner, LLP, 582 F. 3d 896, 908-09 (9th Cir. 2009).[FN2]. Pension Comm. of the Univ. of Montreal Pension Plan v. Banc of A m. Sec. LLC, A mended Op. and Order, Case No. 05 Civ. 9016 (SAS), 2010 W L 184312, at *1 (S.D. N.Y. Jan. 15, 2010).[FN3]. See Zubulake v. UBS Warburg LLC, 382 F. Supp. 2d 536 (2005)(Zubulake VII), 231 F.R.D. 159 (2005) (Zubulake VI), 229 F.R.D. 422 (2004)(Zubulake V), 220 F.R.D. 212 (2003)(Zubulake IV), 216 F.R.D. 280 (2003) (Zubulake III), 230 F.R.D. 290 (2003)(Zubulake II), 217 F.R.D. 309 (2003) (Zubulake I).[FN4]. See Fed. R. Civ. P. 16, 26, 33, 34, 37, 45 (amended 2006); see also Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, Excerpt of the Report of the Judicial Conference (2005), available at http:// /uscourts/RulesAndPolicies/rules/supct1105/Excerpt_STReport_ CV.pdf.[FN5]. See also STATE BAR OF CA LIFORNIA, LITIGATION SECTION, E-DISCOVERY POCKET GUIDE (Aug. 2008), available at http:// /calbar/pdfs/sections/litigation/e-discovery-pocket-guide.pdf.。
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社会主义法治建设16字方针英文版
社会主义法治建设16字方针英文版全文共10篇示例，供读者参考篇1Title: Building the Rule of Law under Socialism - An Easy GuideHi everyone! Today, let's talk about the important topic of building the rule of law under socialism. The rule of law means that everyone, no matter how big or small, must follow the laws of the country. This is very important because it helps to ensure fairness and justice for all.First of all, we need to understand that in a socialist society, the law is made to protect the interests of the people and to promote equality for everyone. This means that the laws are there to help us, not to harm us. It's like having rules in a game - they help to make the game fair and fun for everyone.One of the key principles of building the rule of law under socialism is that everyone is equal under the law. This means that no one is above the law, not even the rich or powerful. Everyone must abide by the same rules and be held accountable for their actions.Another important principle is that everyone has the right to seek justice through the legal system. This means that if you feel that your rights have been violated, you have the right to take your case to court and have it heard by a fair and impartial judge.In order to build a strong rule of law under socialism, it is important for everyone to understand and respect the laws of the country. This means that we need to educate ourselves about the laws and follow them in our daily lives. It's like following the rules in school - it helps to create a peaceful and orderly environment for everyone.We also need to have a strong and independent judiciary that can interpret and enforce the laws fairly and impartially. This means that judges and other legal officials must be free from any outside influence or pressure, so that they can make decisions based on the law and not on personal interests.Lastly, we need to promote the rule of law in our society by fostering a culture of respect for the law and for the rights of others. This means that we need to encourage people to resolve their conflicts through peaceful and legal means, rather than resorting to violence or intimidation.In conclusion, building the rule of law under socialism is essential for creating a fair and just society for all. By respectingand following the laws, seeking justice through the legal system, and promoting a culture of respect for the law, we can help to ensure a harmonious and prosperous future for everyone.Remember, the rule of law is like the glue that holds our society together. Let's all do our part to uphold and protect it! Thank you for listening, and let's work together to build a better and brighter future for all.篇2Socialist rule of law construction is a very important thing in our country. It means that everyone must obey the law and the law must be respected by all. Our government is working very hard to build a fair and just legal system.The government has made many laws to protect the rights of the people. For example, there are laws to protect workers' rights, laws to protect the environment, and laws to punish people who do bad things.The government also sets up courts to judge cases and make decisions based on the law. This is to ensure that justice is served and that everyone is treated fairly.In order to build a strong rule of law, the government also educates people about the law. People need to know what the law is and how to obey it. This way, everyone can live in harmony and peace.The rule of law is very important for our country. It helps to maintain order and stability. It also protects the rights of the people and ensures that everyone is treated equally.So let's all work together to support the construction of socialist rule of law. Let's obey the law, respect the law, and help build a fair and just society for all.篇3Socialist rule of law is at the core of our country's development. It is essential for building a harmonious society, protecting the rights of individuals, and ensuring justice for all. As primary school students, we may not fully understand the complexities of the legal system, but we know that following the law is important for everyone.The socialist rule of law promotes equality and fairness for all citizens. It ensures that no one is above the law and that everyone is held accountable for their actions. This helps tocreate a sense of justice in our society and prevents corruption and abuse of power.One of the key principles of socialist rule of law is the protection of individual rights. This means that everyone has the right to freedom of speech, religion, and assembly. It also means that everyone is entitled to a fair trial and due process of law. By upholding these rights, we can ensure that everyone is treated fairly and justly.Another important aspect of socialist rule of law is the promotion of social justice. This means that the law should work to reduce inequality and ensure that everyone has access to basic necessities such as education, healthcare, and housing. By promoting social justice, we can create a more equal and prosperous society for all.In conclusion, socialist rule of law is essential for the development of our country. It promotes equality, protects individual rights, and ensures social justice for all. As primary school students, we may not fully understand all the intricacies of the legal system, but we know that following the law is important for creating a fair and just society. Let's all work together to uphold the principles of socialist rule of law and make our country a better place for everyone.篇4Title: The Guiding Principles of Socialist Rule of Law ConstructionHey guys, do you know what the socialist rule of law construction is all about? Let me tell you in a fun and easy way!First of all, what is socialism? Socialism is a system where the government works for the good of all people, not just a few rich folks. And rule of law? It means that everyone, no matter if you're big or small, rich or poor, has to follow the laws.So, socialist rule of law construction is all about making sure that everyone is treated equally under the law and that no one is above the law. It's like playing a game where everyone has to follow the rules to make sure it's fair for everyone.One of the key principles of socialist rule of law construction is upholding justice and fairness. This means that the law should be used to protect people's rights and ensure that everyone is treated fairly. It's like making sure that everyone gets a fair chance to play and nobody cheats.Another important principle is promoting social harmony and stability. This means that the law should be used to resolveconflicts peacefully and prevent chaos. It's like being a good friend and helping to solve problems without fighting.And lastly, socialist rule of law construction is all about strengthening the legal system and rule of law awareness. This means that the government should make sure that everyone knows the laws and understands their rights and responsibilities. It's like knowing the rules of the game so that everyone can play together happily.So guys, remember that socialist rule of law construction is important to make sure that everyone is treated fairly, conflicts are resolved peacefully, and everyone knows the rules. Let's work together to build a fair and just society for everyone!篇5Title: Let's Learn about the Guiding Principles of Socialist Rule of Law ConstructionHey guys, today we are going to learn about the guiding principles of socialist rule of law construction in a fun and simple way.First of all, what is the rule of law? The rule of law means that everyone is equal under the law, and the law must be followedby everyone, including the government. It is like having rules in a game that everyone has to follow to make sure things are fair and just.In our country, China, we follow the guiding principles of socialist rule of law construction. These principles are very important in making sure our society runs smoothly and people's rights are protected.The first principle is to uphold the leadership of the Communist Party. This means that the Communist Party is the leader in guiding the development of the rule of law in our country. The Party cares about the well-being of the people and wants to create a fair and just society for everyone.The second principle is to give priority to the people. This means that the rule of law should serve the interests of the people and protect their rights. It is important that everyone, no matter who they are, is treated fairly and with respect under the law.The third principle is to ensure justice and uphold the law. This means that laws should be enforced fairly and impartially, and justice should be served to those who break the law. It is important for everyone to follow the law and not take advantage of others.The fourth principle is to respect and protect human rights. This means that everyone has the right to life, liberty, and security, and their rights should be protected by the law. It is important for everyone to be treated with dignity and respect.The fifth principle is to promote transparency and accountability. This means that the government and officials should be open and transparent about their actions, and be accountable for the decisions they make. It is important for everyone to know what is going on in the government and hold officials responsible for their actions.By following these guiding principles, we can ensure that our society is fair, just, and respectful of everyone's rights. Let's all work together to uphold the rule of law and create a better future for ourselves and our country. Thank you for listening, and remember to always follow the rules!篇6Oh, hello everyone! Today I want to talk to you about the principle of building the rule of law under socialism. It's a big and important topic, so let's get started!Under socialism, the rule of law is very important. It means that everyone, no matter who they are, must follow the laws ofthe country. This helps to create a fair and just society where people can live and work peacefully.The first part of the rule of law is equality. This means that everyone is equal under the law, and no one is above it. So, whether you are a rich person or a poor person, you need to follow the same rules.The second part is justice. Justice means that when someone breaks the law, they should be punished fairly. This helps to protect people who do the right thing and punish those who do the wrong thing.The third part is democracy. Democracy means that people have a say in the laws that are made. This makes sure that the laws are fair and that everyone's voices are heard.Finally, the rule of law also means that the government must follow the laws. This helps to prevent corruption and abuse of power, and makes sure that everyone is treated fairly.So, in conclusion, the rule of law under socialism is very important. It helps to create a fair and just society where everyone is equal, justice is upheld, democracy is valued, and the government follows the laws. Let's all work together to build a better and more just society! Thank you for listening!篇7Socialist Rule of Law Construction GuidelineHi everyone, today I want to talk to you about the Socialist Rule of Law Construction Guideline. It's a super important topic, so let's dive right in!The Socialist Rule of Law Construction Guideline is all about making sure that our society follows the laws and regulations set by the government. It's like a rulebook that everyone needs to follow to make sure that everyone is treated fairly and equally.One of the key principles of the Socialist Rule of Law Construction Guideline is to protect the rights and interests of the people. This means that everyone, no matter who they are, should have the same rights and opportunities. It's all about making sure that no one is left behind and that everyone can live a happy and fulfilling life.Another important aspect of the guideline is to ensure justice and fairness in our society. This means that if someone does something wrong, they will be held accountable for their actions. It's all about making sure that everyone is treated fairly and that justice is served.The Socialist Rule of Law Construction Guideline also aims to promote social harmony and stability. By following the laws and regulations, we can create a peaceful and stable society where everyone can live in harmony and work together towards a better future.In conclusion, the Socialist Rule of Law Construction Guideline is super important for building a fair, just, and harmonious society. By following the laws and regulations, we can create a better world for everyone. So let's all do our part and make sure to follow the rules and regulations set by the government. Together, we can create a society that is fair, just, and harmonious for everyone. Thank you for listening!篇8Socialist rule of law is super duper important for our country! It's like the rules we have in our school, but for the whole country! The government makes sure everyone follows the rules to keep things fair and equal for everyone.The rule of law means that everyone, no matter who they are, has to follow the same rules. It's like when we play games at recess, we all have to follow the same rules to make sure everyone has fun and no one cheats. The government makessure that the rules are clear and that everyone knows what they are supposed to do.One of the most important things about the rule of law is that it protects everyone's rights. Just like we have rules against bullying in our school, the government has rules to protect our rights like freedom of speech and the right to a fair trial. The rule of law makes sure that everyone is treated equally and that no one is discriminated against.Another important part of the rule of law is that we have courts to settle disputes and punish people who break the rules. It's like when we have a problem with our friends, we can go to our teacher to help us solve it. The courts are like the teachers of the country, they make sure that everyone is treated fairly and that justice is done.The government is working super hard to make sure that the rule of law is strong in our country. They are passing new laws and making sure that everyone knows their rights. They are also making the courts better and more efficient so that everyone can get a fair trial.So remember, the rule of law is super important for our country. It helps to make sure that everyone is treated fairly andthat our rights are protected. So let's all follow the rules and make our country a better place for everyone!篇9Hello everyone! Today, let's talk about the principle of socialist rule of law in China. It's really important for us to learn about the law and how it works in our society.First of all, what is socialism? Well, socialism is a system where the government helps to create a fair and equal society for everyone. In China, the government is working hard to make sure that everyone is treated fairly and that everyone's rights are protected.One way that the government is doing this is through the rule of law. This means that there are laws in place that everyone has to follow, no matter who they are. These laws are meant to protect our rights and make sure that we are all treated equally.The government is working on building a strong legal system that is fair and transparent. This means that everyone has the right to a fair trial and that the law applies to everyone, no matter how rich or powerful they are.Another important aspect of the socialist rule of law is that everyone has the right to participate in the legal system. This means that we all have the right to speak up and defend our rights if they are being violated. The government is working on making sure that everyone's voice is heard and that everyone has access to justice.It's really cool to see how the government is working hard to build a fair and just society for everyone. By following the rule of law, we can all work together to create a better future for ourselves and for future generations.So let's all work together to learn more about the law and how it works in our society. Let's make sure that we all follow the rules and do our part to create a fair and equal society for everyone. Let's all be good citizens and help build a better China for everyone! Thank you for listening!篇10Socialist rule of law construction is super important!Hey there! Do you know what "socialist rule of law construction" is all about? Well, it's basically about making sure that everyone follows the rules and laws in our society. It's likehaving a big set of rules that we all need to follow to make sure everything runs smoothly.The main idea behind socialist rule of law construction is to promote fairness, justice, and equality for all. It's all about making sure that everyone is treated the same way and has the same rights and opportunities. This way, our society can be more harmonious and stable.One of the key principles of socialist rule of law construction is to protect the rights and interests of the people. This means that everyone, no matter who they are, should be treated with respect and dignity. It also means that everyone should have access to justice and legal protection.Another important aspect of socialist rule of law construction is to fight against corruption and injustice. This means that we need to make sure that those in power are held accountable for their actions and that everyone is equal in the eyes of the law. It's all about making sure that there is no favoritism or unfair treatment.In conclusion, socialist rule of law construction is really important for our society. It helps to promote fairness, justice, and equality for all. It also helps to protect the rights and interests of the people and fight against corruption and injustice.So let's all work together to make sure that we have a strong and fair legal system in our society!。
中华人民共和国水法(Water Act)英文版
Water Law of the People's Republic of China（Adopted at the 24th Meeting of the Standing Committee of the Sixth National People's Congress on January 21，1988，revised at the 29th Meeting of the Standing Committee of the Ninth National People's Congress on August 29，2002）Order of the President of the People's Republic of China No. 74The Water Law of the People's Republic of China，adopted at the 29th Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on August 29，2002，is hereby promulgated and shall go into effect as of October 1，2002.Jiang ZeminPresident of the People's Republic of ChinaAugust 29，2002ContentsChapter I General ProvisionsChapter II Planning for Water ResourcesChapter III Water Resources Development and UtilizationChapter IV Protection of Water Resources，Water Areas and WaterworksChapter V Allocation and Economical Use of Water ResourcesChapter VI Resolution of Water Disputes and Supervision over and Inspection ofLaw-enforcementChapter VII Legal LiabilitiesChapter VIII Supplementary ProvisionsChapter IGeneral ProvisionsArticle 1 This law is enacted for the purposes of rationally developing，utilizing，conserving and protecting water resources，preventing and controlling water disasters，bringing about sustainable utilization of water resources，and meeting the need of national economic and social development.Article 2 This Law is applicable to development，utilization，conservation，protection and management of water resources and to prevention and control of water disasters within the territory of the People's Republic of China.The water resources referred to in this Law include surface water and groundwater.Article 3 Water resources are owned by the State. The State Council，on behalf of the State，exercises the right of ownership of water resources. The water of ponds belonging to rural economic collectives and the water of reservoirs built and managed by such collectives shall be used by the collectives respectively.Article 4 In developing，utilizing，conserving and protecting water resources and preventing and controlling water disasters，emphasis shall be placed on overall planning and all-round consideration，on both the root cause and symptoms，and on multipurpose use，efficiency，and the multiple function of water resources，and attention shall be paid to coordinated use of water in people's daily lives，in production and operation and in ecologicalenvironment.Article 5 People's governments at or above the county level shall pay special attention to construction of water conservancy infrastructures，and incorporate it into their plans of national economic and social development.Article 6 The State encourages units and individuals to develop and use water resources in accordance with law，and protects their legitimate rights and interests. Any unit or individual that develops and uses water resources has the obligation of protecting water resources in accordance with law.Article 7 For water resources，the State applies，in accordance with law，the system of licensing for water-taking and the system of compensation for use of water，except for water of the ponds and reservoirs belonging to rural economic collectives that is used by such collectives and their members. The administrative department for water resources under the State Council is responsible for making arrangements for implementing the system of licensing for water-taking and the system of compensation for use of water throughout the country.Article 8 The State encourages strict economy on the use of water，greatly promotes water-conserving measures，spreads the use of new technologies and techniques for water-conserving，develops water-conserving industries，agriculture and services，and builds a water-conserving community.People's governments at all levels shall adopt measures to improve management of water conservation，establish a system for developing and promoting the use of water-conserving technologies，and foster and develop water-conserving industries.All units and individuals shall have the obligation of economizing on water.Article 9 For the purpose of protecting water resources，the State adopts such effective measures as protection of vegetation，planting of trees and grass，conservation of water sources，prevention and control of soil erosion and water-body pollution，and improvement of ecological environment.Article 10 The State encourages and supports research，extension and application of advanced science and technology in development，utilization，conservation，protection and management of water resources，and in prevention and control of water disasters.Article 11 Units and individuals that have made outstanding achievements in development，utilization，conservation and control of water disasters shall be rewarded by people's governments.Article 12 For water resources the State applies the system under which management of river basins is combined with management of administrative regions.The administrative department for water resources under the State Council is responsible for unified management of and supervision over water resources throughout the country.The institutions for river basin management （hereinafter referred to as river basin authorities，in short），set up by the administrative department for water resources under the State Council for the key rivers and lakes defined as such by the State，shall perform the duties of water resources management and supervision，within the limits of their jurisdiction，specified by laws and administrative regulations and assigned to them by the said department.The administrative departments for water resources under the local people's governments at or above the country level shall，within the limits of their specified powers，be responsible for unified management of and supervision over the water resources.Article 13 The relevant departments under the State Council shall，in conformity with the division of their duties，be responsible for work relating to the development，utilization，conservation and protection of water resources.The relevant departments under the local people's governments at or above the country level shall，in conformity with the division of their duties，be responsible for the development，utilization，conservation and protection of water resources within their administrative regions.Chapter IIPlanning for Water ResourcesArticle 14 The State formulates strategic plans for water resources across the land.Unified plans shall，on the basis of fiver basins and regions，be made for the development，utilization，conservation and protection of water resources and for prevention and control of water disasters. The plans shall be divided into river basin plans and regional plans. The river basin plans shall include comprehensive river basin plans and special river basin plans；the regional plans shall include comprehensive regional plans and special regional plans.The comprehensive plans mentioned in the preceding paragraph are general outline drawn，in light of the need of economic and social development and the present conditions of water resources development and utilization，for the development，utilization，conservation and protection of water resources and for prevention and control of water disasters. The special plans mentioned in the preceding paragraph are plans for flood control，water logging prevention，irrigation，navigation，water supply，hydropower generation，bamboo and log rafting，fishery，water resources protection，water and soil conservation，prevention and control of sedimentation，conservation of water，etc.Article 15 The plan for a region within a river basin shall be subordinated to the plan for the river basin，and the special plan shall be subordinated to the comprehensive plan.Comprehensive river basin plans and comprehensive regional plans as well as the special plans closely related to land use shall be coordinated with the plans for national economic and social development，the general plans for land use and general urban plans and plans for environmental protection，and at the same tome the needs of various regions and industries shall be taken into consideration.Article 16 Comprehensive scientific survey，investigation and assessment of water resources shall be conducted before a plan is formulated. Such survey，investigation and assessment shall be arranged by the administrative department for water resources under the people's government at or above the county level，in conjunction with the relevant departments at the same level.People's governments at or above the county level shall pay special attention to establishment of an information system for hydrology and water resources. The administrative departments for water resources under such governments and the river basin authorities shall pay special attention to dynamic monitoring of water resources.The basic hydrological data shall be made public in accordance with the relevant regulations of the State.Article 17 The comprehensive river basin plans for key rivers and lakes defined as such by the State Shall be worked out by the administrative department for water resources under the State Council，in conjunction with the relevant departments under the State Council and the relevant people's governments of provinces，autonomous regions or municipalities directly under the Central Government，and they shall be submitted to the State Council for approval. Thecomprehensive river basin plans and comprehensive regional plans for other rivers and lakes that run or straddle across provinces，autonomous regions or municipalities directly under the Central Government shall be worked out by the relevant river basin authorities，in conjunction with the administrative departments for water resources and the relevant departments under the people's governments of the provinces，autonomous regions or municipalities directly under the Central Government where the rivers run across or the lakes are located，and these plans shall be examined and commented by the relevant people's governments of the provinces，autonomous regions or municipalities directly under the Central Government，before they are submitted to the administrative department for water resources under the State Council for examination and verification；the administrative department for water resources under the State Council shall consult the relevant departments under the State Council before submitting the plans to the State Council，or the department authorized by it，for approval.The comprehensive river basin plans and comprehensive regional plans for rivers and lakes other than the ones specified in the preceding paragraph shall be worked out by the administrative departments for water resources under the local people's governments at or above the county level，in conjunction with the relevant departments at the same level and local people's governments concerned，and they shall be submitted to the people's governments at the same level，or the departments authorized by the governments，for approval，before they are submitted to the administrative departments for water resources at the next higher level for the record.Special plans shall be worked out by the relevant departments under the people's governments at or above the county level，and they shall be submitted to the said people's governments for approval after the other relevant departments at the same level are consulted. With respect to plans for flood control and water and soil conservation，they shall be made and approved in accordance with the relevant provisions in the Flood Control Law and the Law on Water and Soil Conservation respectively.Article 18 Once a plan is approved，it shall be implemented to the better.Wherever the approved plan needs to be amended，the amended plan shall，according to the procedure for the formulation of plans，be subject to approval by the original authority that gives approval to the plan.Article 19 Waterworks shall be built in conformity with the comprehensive river basin plans. For construction of any waterwork on the key river and lake defined as such by the State or on the river or lake that runs or straddles across provinces，autonomous regions or municipalities under the Central Government，the relevant river basin authority shall，before the feasibility study report on the waterwork is submitted for approval，examine whether the waterwork conforms to the comprehensive river basin plan，write down their comments and sign. For construction of waterworks on other rivers and lakes，the administrative departments for water resources of the local people's governments at or above the county level shall，before the feasibility study reports of the waterworks are submitted for approval and within the limits of their administrative powers，examine whether the waterworks conform to the comprehensive river basin plans，write down their comments and sign. Where a waterwork is related to flood control，it shall be constructed in accordance with the relevant provisions in the Flood Control Law；if it is related to other regions or industries，the unit that launches the waterwork shall solicit comments from the relevant regions and departments in advance.Chapter IIIWater Resources Development and UtilizationArticle 20 In developing and utilizing water resources，the principles of combining promotion of what is beneficial with elimination of what is harmful，taking into account the interests of the regions in both the upper and lower reaches and on both the right and left banks of a river and the interests among the relevant regions，giving full play to the overall benefits of water resources，and subordinating to the overall arrangements for flood control shall be adhered to.Article 21 In developing and utilizing water resources，attention shall first be paid to satisfying the urban inhabitants' need of water in their daily lives，while taking into consideration the need of water in agriculture，industry and ecological environment，and the need of navigation，etc.In developing and utilizing water resources in arid and semi-arid areas，full consideration shall be given to the need of water in ecological environment.Article 22 For diversion of water across river basins，all-round planning and scientific demonstration shall be needed，overall consideration shall be given to the need of water by both the river basins where water is diverted from and the river basins where water is diverted to，and damages to ecological environment shall be prevented.Article 23 Local people's governments at all levels shall make rational arrangements for development and multipurpose use of water resources in light of the actual conditions of the local water resources on the principle of unified control over development of surface water and groundwater，combination of the tapping of new resources with water conservation，giving priority to water conservation，and recycling sewage water.Plans for national economic and social development and general urban plans shall be formulated and major construction projects shall geographically be distributed in such a way as to suit the local conditions of water resources and the need of flood control，and scientific demonstration shall be needed. In areas with insufficient water resources，limitations shall be set on the scale of cities and on construction of industrial，agricultural and service projects that consume large amounts of water.Article 24 In respect of areas that are short of water resources，the State encourages the collection，development and utilization of rainwater and slightly salty water，as well as the exploitation and desalination of seawater.Article 25 Local people's governments at various levels shall provide better guidance in respect of irrigation，draining of waterlogged fields，and water and soil conservation，in order to promote the development of agricultural production. In areas that are prone to salinization and floodwater hazards，measures shall be taken to control or lower the groundwater level.Where rural economic collectives or their members，in accordance with law，invest in construction of waterworks on land owned by the collectives or on land contracted，they shall，on the principle of “those who invest in construction shall manage and receive the benefits”，manage and make rational use of the waterworks and the water stored.Construction of reservoirs by rural economic collectives shall be subject to approval by the administrative departments for water resources under the people's governments at or above the county level.Article 26 The State encourages the development and utilization of hydroenergy resources.On rivers rich in hydroenergy，multi-purpose and-cascade development shall be promoted in a planned manner.In construction of hydropower stations，attention shall be paid to protection of the ecological environment，and consideration shall，at the same time，be given to the needs of flood control，water supply，irrigation，navigation，bamboo and log rafting，fishery，etc.Article 27 The State encourages the development and utilization of water transport resources. When having permanent dams or sluice gates built across the migration routes of aquatic life or across rivers for navigation or bamboo and log rafting，the units that launch such projects shall have facilities for the passage of fish and ships or for bamboo and log rafting built simultaneously，or take other remedial measures upon approval by the departments authorized by the State Council and，in addition，they shall make proper arrangements for protection of aquatic life，for navigation，and for bamboo and log rafting during the period of construction and water-storing and bear all the expenses incurred thereby.Where a non-navigable river or man-made waterway becomes navigable after a dam or sluice-gate is built across it，the unit that launches the project shall simultaneously have facilities built for the passage of ships or sites reserved for such facilities.Article 28 No unit or individual may divert，intercept（store）or drain off water at the expense of public interests or another person's legitimate rights and interests.Article 29 The State applies a development-oriented policy with regard to construction of waterworks that involves relocation of people and，on the principle of combining compensation or subsidies given in the early stage with assistance given in the later stage，makes proper arrangements for production and daily lives of the relocated people and protects their legitimate rights and interests.Arrangements for relocated people shall e made simultaneously with the construction of the projects. The unit launching the construction project shall，on the basis of the ambient capacity of the places where people are to be located and the principle of sustainable development，work out a plan for arrangements to be made for such people in light of the local conditions，which，upon approval in accordance with law，shall be implemented through arrangement by the local people's government concerned. Funds needed for relocation of people shall be included in the investment plan for construction of the project. Chapter IVProtection of Water Resources，Water Areas and WaterworksArticle 30 When working out plans for development and utilization of water resources and for distribution of water resources，the administrative departments for water resources under the people's governments at or above the county level，the river basin authorities and the other departments concerned shall pay attention to maintaining a proper flow of rivers and keeping the lakes，reservoirs and groundwater at a proper water level in order to maintain the natural purification capability of the water body.Article 31 Any unit or individual engaged in activities concerning water，such as development，utilization，conservation and protection of water resources and prevention and control of water disasters，shall follow the approved plans. Where a unit or individual that acts against the plans and thus causes the lowering of the use functions of the rivers or lakes，overexploitation of groundwater，sinking of land surface or pollution of water bodies shall bear the responsibility of bringing such phenomenon under control.Where dredging or draining of water，necessitated by mining construction of undergroundproject，results in the lowering of groundwater level，drying up of water sources or subsidence of ground，the unit that launches the mining or the construction project shall take remedial measures，and where losses are caused to other people's lives and production，it shall compensate for the losses in accordance with law.Article 32 The administrative department for water resources under the State Council shall，in conjunction with the administrative department for environmental protection and the relevant department under the State Council and the relevant people's governments of provinces，autonomous regions or municipalities directly under the Central Government and in line with the comprehensive river basin plans，water resources protection plans and the need of economic and social development，divide water function zones along key rivers and lakes defined as such by the State，which shall be submitted to the State Council for approval. Such zones along other rivers and lakes across provinces，autonomous regions or municipalities directly under the Central Government shall be divided by the relevant river basin authorities，in conjunction with the administrative departments for water resources，for environmental protection and other departments concerned under the people's governments of the provinces，autonomous regions or municipalities directly under the Central Government where rivers and lakes are located，which shall be examined by，and on which comments shall be solicited respectively from，the relevant people's governments of provinces，autonomous regions or municipalities directly under the Central Government，before they are further examined by the administrative department for water resources under the State Council in conjunction with the administrative department for environmental protection under the State Council，and then they shall be submitted to the State Council or the department authorized by it for approval.Water function zones along rivers and lakes other than the ones specified in the preceding paragraph shall be divided by the administrative departments for water resources under the local people's governments at or above the county level，in conjunction with the administrative departments people's governments at the same level，and shall be submitted to the people's governments at the same level or the departments they authorized for approval，and to the administrative departments for water resources and for environmental protection under the people's governments at the next higher level for the record.The administrative department for water resources under the people's government at or above the county level or the river basin authority shall，on the basis of the water quality required by a water function zone and the natural purification capacity of the water bodies of the zone，check and define the pollution-receiving capacity of the water areas there and make proposals to the administrative department for environmental protection on limitation of the total amount of pollution discharged to the said areas.The administrative departments for water resources under the local people's governments at or above the county level or river basin authorities shall monitor the quality of water in water function zones and，when discovering that the total amount of major pollutants discharged exceeds the control norm or water quality in water function zones falls short of the standard required by the use function of the water areas，promptly report the matter to the people's government concerned for taking control measures and report to the administrative departments for environmental protection in a circular.Article 33 The State establishes a protection system for zones of drinking water sources. The people's governments of provinces，autonomous regions or municipalities directly under theCentral Government shall define the drying-up of the water sources and pollution of the water bodies，for the purpose of ensuring town and county residents' safety in respect of drinking water.Article 34 Construction of any outlet for sewage discharge in the protection zones of drinking water sources is prohibited.Construction，reconstruction or expansion of a sewage discharge outlet along rivers or lakes shall be subject to permission by the administrative department for water resources or the river basin authority that has jurisdiction over the matter，and the administrative department for environmental protection shall be responsible for examination of the written report on the impact of the construction project on the environment before giving approval.Article 35 Where a construction project occupies water sources for agricultural irrigation or irrigation and drainage facilities，or has an adverse effect on the original water for irrigation and sources for water supply，the unit that launches the project shall take the necessary remedial measures. Where losses are caused，it shall compensate for the losses in accordance with law.Article 36 In areas where groundwater is overexploited，the local people's governments at or above the county level shall take measures to keep exploitation of groundwater under strict control. In areas where groundwater was overexploited to a serious extent，certain areas may，upon approval by the people's governments of provinces，autonomous regions or municipalities directly under the Central Government，be defined as areas where exploitation of groundwater is prohibited or restricted. Exploitation of groundwater in coastal areas shall undergo scientific demonstration，and measures shall be taken to prevent sinking of land surface and encroachment by seawater.Article 37 No one may throw away or pile up objects or plant forest trees or high stalk crops in rivers，lakes，reservoirs，canals or channels，which block the passage of flood water.No one may，in areas under river course control，put up buildings or structures that block the passage of flood water，or engage in activities that adversely affect the stability of the river condition or endanger the safety of the river embankment or other activities that block the passage of flood water through the river course.Article 38 In an area under river course control，construction of a bridge，wharf or other building or structure that blocks，spans or borders on a river，or laying of pipes or cables across a river，shall meet the flood control standard and other relevant technical requirements specified by the State，and the plans made for construction of the project shall，in accordance with the relevant provisions in the Flood Control Law，be submitted to administrative department for water resources for examination and approval.Where for the construction of a project mentioned in the preceding paragraph it is necessary to expand，rebuild，dismantle or damage the existing waterworks，the unit launching the construction project shall bear the expenses incurred by the expansion and rebuilding or compensate for the losses incurred，except where the existing works are unauthorized.Article 39 The State applies a licensing system for sand quarrying in river courses. Measures for implementing the licensing system for sand quarrying in river courses shall be formulated by the State Council.Where sand quarrying in areas under river course control that may adversely affect the stability of the river condition or endanger safety of the dykes，the administrative departments for water resources under the relevant people's governments or above the county level shall delimit no-quarry areas or fix no-quarry periods，which they shall make known to the general public.。
Company Law of the People's Republic of China
中华人民共和国公司法Company Law of the People's Republic of China颁布机关:全国人民代表大会常务委员会Promulgating Institution: Standing Committee of the National People's Congress文号:中华人民共和国主席令第八号Document Number: Order No. 8 of the President of the People's Republic of China颁布时间: Promulgating Date: 12/28/2013 12/28/2013实施时间: Effective Date: 03/01/2014 03/01/2014效力状态: Validity Status: 有效Valid（1993年12月29日第八届全国人民代表大会常务委员会第五次会议通过 1999年12月25日第九届全国人民代表大会常务委员会第十三次会议第一次修正 2004年8月28日第十届全国人民代表大会常务委员会第十一次会议第二次修正 2005年10月27日第十届全国人民代表大会常务委员会第十八次会议修订 2013年12月28日第十二届全国人民代表大会常务委员会第六次会议修订自2014年3月1日起施行）目录第一章总则第二章有限责任公司的设立和组织机构第一节设立第二节组织机构第三节一人有限责任公司的特别规定第四节国有独资公司的特别规定第三章有限责任公司的股权转让第四章股份有限公司的设立和组织机构第一节设立第二节股东大会第三节董事会、经理第四节监事会第五节上市公司组织机构的特别规定第五章股份有限公司的股份发行和转让第一节股份发行第二节股份转让第六章公司董事、监事、高级管理人员的资格和义务第七章公司债券第八章公司财务、会计第九章公司合并、分立、增资、减资第十章公司解散和清算第十一章外国公司的分支机构第十二章法律责任第十三章附则第一章总则(Adopted at the Fifth Session of the Standing Committee of the Eighth National People's Congress on December 29, 1993; Amended for the first time at the 13th Session of the Standing Committee of the Ninth National People's Congress on December 25, 1999; Amended for the second time at the 11th Session of the Standing Committee of the Tenth National People's Congress on August 28, 2004; Revised at the 18th Session of the Standing Committee of the Tenth National People's Congress on October 27, 2005; and Revised at the 6th Session of the Standing Committee of the Twelfth National People's Congress on December 28, 2013 and shall take effect on March 1, 2014)Table of ContentsChapter 1: General ProvisionsChapter 2: Establishment and Organizational Structure of a Limited Liability CompanySection 1: EstablishmentSection 2: Organizational StructureSection 3: Special Provisions on One-Person Limited Liability CompaniesSection 4: Special Provisions on Wholly State-Owned CompaniesChapter 3: Equity Transfer of a Limited Liability CompanyChapter 4: Establishment and Organizational Structure of a Company Limited by SharesSection 1: EstablishmentSection 2: General MeetingSection 3: Board of Directors; ManagersSection 4: Board of SupervisorsSection 5: Special Provisions on the Organizational Structure of a Listed CompanyChapter 5: Issuance and Transfer of Shares of a Company Limited by SharesSection 1: Issuance of SharesSection 2: Transfer of SharesChapter 6: Qualifications and Obligations of the Directors, Supervisors, and Senior Management Personnel of a CompanyChapter 7: Corporate BondsChapter 8: Finance and Accounting of a CompanyChapter 9: Merger, Division or Capital Increase or Reduction of a CompanyChapter 10: Dissolution and Liquidation of a CompanyChapter 11: Branches of a Foreign CompanyChapter 12: Legal LiabilitiesChapter 13: Supplementary ProvisionsChapter 1: General Provisions第一条为了规范公司的组织和行为,保护公司、股东和债权人的合法权益,维护社会经济秩序,促进社会主义市场经济的发展,制定本法。
八年级英语Western-China课件
[单选,A2型题,A1/A2型题]医疗机构从业人员违反本规范的,视情节轻重给予处罚，其中不正确的是（）A.批评教育、通报批评、取消当年评优评职资格B.卫生行政部门依法给予警告、暂停执业或吊销执业证书C.纪检监察部门按照党纪政纪案件的调查处理程序办理D.缓聘、解职待聘、解聘E.涉嫌犯 [单选]公民、法人或其他组织对具体行政行为在法定期限内不提起诉讼又不履行的，行政机关可以申请人民法院强制执行其具体行政行为，由下列（）法院受理执行。A.申请人所在地的基层人民法院B.被执行人所在地的基层人民法院C.一审人民法院D.终审人民法院 [填空题]观赏植物生长发育一般要经过种子萌发、营养生长和（）三大时期。 [单选]下列关于售后租回业务中，说法不正确的是。A.售后租回是指销售商品的同时，销售方同意在日后再将同样的商品租回的销售方式B.如果售后租回交易认定为融资租赁的，售价和账面价值之间的差额应当予以递延，并按照该项租赁资产的折旧进度进行分摊，做为折旧费用的调整C.如果售后 [单选]要定量检测人血清中的生长激素，采用的最佳免疫检测法是（）A.免疫荧光法B.免疫酶标记法C.细胞毒试验D.放射免疫测定法E.补体结合试验 [单选]下列温病中不属于新感温病的是：（）.A．风温B．伏暑C．暑温D．湿温 [单选]侵蚀性葡萄胎或绒毛膜癌病人的首选治疗方法是（）。A.化学治疗B.放射治疗C.清宫D.子宫全切E.次广泛子宫切除术 [单选]罗茨鼓风机的特点是风量基本上不随风压而变化，而功率消耗随风压增高而（）A.直线上升B.直线下降C.基本不变 [判断题]带检视窗的储液干燥器能发现制冷系统制冷剂量和系统工作是否正常。（）A.正确B.错误 [单选,A1型题]关于生长发育评价方法错误的是（）A.离差法可分为等级评价和曲线图法B.相关回归法既能评价发育水平，又能反映发育的匀称程度C.身高标准体重可反映儿童现实营养状况D.发育年龄又称生物年龄可评价儿童的发育状况E.百分位数法，其原理和制作过程与离差法完全相同 [单选]下列哪项不属于生长发育指标（）A.年龄别低体重百分比B.人口自然增长率C.年龄别低身高百分比D.身高别低体重百分比E.新生儿低体重发生率 [单选,A1型题]静脉高营养对下列哪种病因引起的肠瘘疗效差（）A.高排出量肠瘘远侧有梗阻B.放射性C.异物性D.上皮化窦道E.肿瘤 [单选]初孕妇，平素月经规律，孕42周，近2天胎动减少，NST无反应型，宫颈Bishop评分6分，首选的正确处理方法是（）A.立即行剖宫产术B.吸氧继续观察C.做OCTD.人工破膜，了解羊水性状E.次日复查NST [单选,A1型题]下列有关认知训练的表述正确的是（）A.治疗师使用模仿、角色扮演帮助患者演示未来生活B.治疗师帮助患者在情景中学会应对策略C.认知训练能够改变患者的自动思维D.通过认知训练治疗师能够发现患者的歪曲认知E.通过认知训练使患者掌握更合理的思维和行为方式 [单选,A1型题]首次产前检查，下列哪个时间最合适()A.妊娠6周B.妊娠12周C.妊娠l4周D.妊娠20周E.确诊早孕时 [单选]如果一份关于炮射的NOTAM的项中填入了“0800-1000”，则表示（）.A.炮射时间为项和项时间段内每天8时至10时以外的时间B.炮射时间为项和项时间段内每天8时至10时C.炮射时间为每天8时至10时，与项和无关 [单选]在阳气随一天不同时段而有盛衰的变化规律中，“平旦”时段属于（）。A.阳气已虚B.气门乃闭C.阳气隆D.人气生E.旦慧 [单选]串联通风必须在进入被串联工作面的风流中装设（），且瓦斯和二氧化碳浓度都不得超过0.5%。A.便携仪B.甲烷断电仪C.风速传感器 [单选]生产聚丙烯的原料丙烯通过精制后，其硫含量要求达到（）。A、硫<10ppm；B、硫<1ppm；C、硫<100ppm；D、<0.1ppm [单选]作屏蔽材料用于屏蔽β射线的物质()A．铅B．铝C．铁D．铜E．锌 [单选,A1型题]卫生人力资源需求现状预测法适用于（）的卫生人力资源规划预测。A.短期B.中期C.长期D.远期E.近期 [单选]知识存在于个人和群体的行动中，随着个人参与到新的情境中并在新情境中进行协调，知识产生了，知识和能力的发展，就像语言的发展，发生于真实情境中不断进行的利用知识的活动中。这是()。A.设计学习活动的行为主义原则B.设计学习活动的信息加工观点C.设计学习活动的建构主义 [单选,A2型题,A1/A2型题]下列哪一组症状不属于湿温卫气同病证的表现？（）A.发热恶寒，无汗头痛B.头痛如裹，身重酸困C.肢体酸楚，口渴心烦D.小溲黄赤，脘痞E.苔腻，脉濡数 [单选,A1型题]Apgar评分判断新生儿临床恶化的顺序（）A.皮肤颜色-呼吸-反射-肌张力-心率B.皮肤颜色-反射-肌张力-呼吸-心率C.皮肤颜色-肌张力-反射-呼吸-心率D.皮肤颜色-呼吸-肌张力-反射-心率E.心率-皮肤颜色-肌张力-反射-呼吸 [单选]质量发展是（）之道、（）之策。A.兴国、强国；B.治国、立国；C.立国、强国。 [单选]低温对肌松药的影响，不正确的是（）A.体温降至30℃的过程中，去极化肌松药的作用增强，时效延长B.体温降至30℃对非去极化肌松药作用强度很少受影响C.26℃以下低温，各种肌松药的作用均增强D.低温对去极化和非去极化肌松药的影响程度不一E.低温时泮库溴铵的肝肾排泄率减低 [判断题]离心泵的叶轮由铸钢制成，可分为全开式、半开式和封闭式三种。A.正确B.错误 [单选]男性，50岁。反复咳嗽、咳痰4年，近半年来发作时常伴呼吸困难。体检：双肺散在哮鸣音，肺底部有湿啰音。肺功能测定：一秒钟用力呼气容积／用力肺活量为55%，残气容积／肺总量为35%。诊断应考虑为（）A.慢性单纯型支气管炎B.慢性喘息型支气管炎C.支气管哮喘D.慢性支气管炎合 [单选]Tc—甲氧基异丁基异腈(MIBl)心肌断层显像是采用()A．扫描机B．γ照相机C．电子照相机D．单光子发射计算机断层仪(SPECT)E．正电子发射计算机断层仪(PET) [单选]为防止隧道衬砌施工中裂缝的产生，衬砌厚度应根据（）确定。A.衬砌混凝土的强度要求B.衬砌混凝土的坍落度要求C.围岩类别、形状、结构D.超挖和欠挖情况 [单选]下列药物不属于药酶抑制剂的是（）A.红霉素B.氟康唑C.维拉帕米D.保泰松E.卡马西平 [单选,A2型题,A1/A2型题]原子能级与结合能的关系是（）A.原子能级是结合能的负值B.二者绝对值相等C.二者符号相反D.以上都对E.以上都不对 [单选]一孕妇产前检查胎儿双顶径12.2cm，剖宫产后胎儿经颅超声检查示胎儿脑室系统形态失常，第三脑室呈圆形，无回声区内未见光点群回声，脑组织受压变薄萎缩，脑室宽度为7mm，最可能的诊断是（）。A.脑出血B.脑积水C.脑肿瘤Dandy-Walker综合征E.HIE [单选]用户接入ISDN有（）接口.A.标准的B.没有标准的C.将来有标准的 [单选]睑缘裂伤缝合时准确对接睑缘最为重要和常用的缝合方法是（）A.连续缝合B.皮内缝合C.褥式缝合D.间断缝合E.轻度外翻缝合 [单选]泵的管路特性曲线陡表明（）。A．吸、排液面间的压力差大B．管路漏泄多C．吸、排液面间的高度差大D．管路流动阻力损失大 [单选]中国人民银行实行()负责制。A.个人B.集体C.法人D.行长 [填空题]东方电机厂QFSN—300—2型汽轮发电机油密封箱油位过高（）mm、过低（）mm报警，密封瓦油压异常过高（）MPa、过低（）MPa报警，密封瓦回油温度（）℃报警。 [单选]在分析食物中毒的可疑食物时，最常用的指标是A．总发病率B．二代发病率C．患病率D．病死率E．吃不同食物的罹患率 [单选]DNS的端口号是（）A.21B.23C.53D.80
法律的道路(中英文版)
法律的道路（中英文版）The Path of the Lawby Oliver Wendell Holmes, Jr.10 Harvard Law Review 457 (1897)When we study law we are not studying a mystery but a well-known profession. We are studying what we shall want in order to appear before judges, or to advise people in such a way as to keep them out of court. The reason why it is a profession, why people will pay lawyers to argue for them or to advise them, is that in societies like ours the command of the public force is intrusted to the judges in certain cases, and the whole power of the state will be put forth, if necessary, to carry out their judgments and decrees. People want to know under what circumstances and how far they will run the risk of coming against what is so much stronger than themselves, and hence it becomes a business to find out when this danger is to be feared. The object of our study, then, is prediction, the prediction of the incidence of the public force through the instrumentality of the courts.The means of the study are a body of reports, of treatises, and of statutes, in this country and in England, extending back for six hundred years, and now increasing annually by hundreds. In these sibylline leaves are gathered the scattered prophecies of the past upon the cases in which the axe will fall. These are what properly have been called the oracles of the law. Far the most important and pretty nearly the whole meaning of every new effort of legal thought is to make these prophecies more precise, and to generalize them into a thoroughly connected system. The process is one, from a lawyer's statement of a case, eliminating as it does all the dramatic elements with which his client's story has clothed it, and retaining only the facts of legal import, up to the final analyses and abstract universals of theoretic jurisprudence. The reason why a lawyer does not mention that his client wore a white hat when he made a contract, while Mrs. Quickly would be sure to dwell upon it along with the parcel gilt goblet and the sea-coal fire, is that he foresees that the public force will act in the same way whatever his client had upon his head. It is to make the prophecies easier to be remembered and to beunderstood that the teachings of the decisions of the past are put into general propositions and gathered into textbooks, or that statutes are passed in a general form. The primary rights and duties with which jurisprudence busies itself again are nothing but prophecies. One of the many evil effects of the confusion between legal and moral ideas, about which I shall have something to say in a moment, is that theory is apt to get the cart before the horse, and consider the right or the duty as something existing apart from and independent of the consequences of its breach, to which certain sanctions are added afterward. But, as I shall try to show, a legal duty so called is nothing but a prediction that if a man does or omits certain things he will be made to suffer in this or that way by judgment of the court; and so of a legal right.The number of our predictions when generalized and reduced to a system is not unmanageably large. They present themselves as a finite body of dogma which may be mastered within a reasonable time. It is a great mistake to be frightened by the ever-increasing number of reports. The reports of a given jurisdiction in the course of a generationtake up pretty much the whole body of the law, and restate it from the present point of view. We could reconstruct the corpus from them if all that went before were burned. The use of the earlier reports is mainly historical, a use about which I shall have something to say before I have finished.I wish, if I can, to lay down some first principles for the study of this body of dogma or systematized prediction which we call the law, for men who want to use it as the instrument of their business to enable them to prophesy in their turn, and, as bearing upon the study, I wish to point out an ideal which as yet our law has not attained.The first thing for a businesslike understanding of the matter is to understand its limits, and therefore I think it desirable at once to point out and dispel a confusion between morality and law, which sometimes rises to the height of conscious theory, and more often and indeed constantly is making trouble in detail without reaching the point of consciousness. You can see very plainly that a bad man has as much reason as a good one for wishing to avoid an encounter with the public force, and therefore you cansee the practical importance of the distinction between morality and law. A man who cares nothing for an ethical rule which is believed and practised by his neighbors is likely nevertheless to care a good deal to avoid being made to pay money, and will want to keep out of jail if he can.I take it for granted that no hearer of mine will misinterpret what I have to say as the language of cynicism. The law is the witness and external deposit of our moral life. Its history is the history of the moral development of the race. The practice of it, in spite of popular jests, tends to make good citizens and good men. When I emphasize the difference between law and morals I do so with reference to a single end, that of learning and understanding the law. For that purpose you must definitely master its specific marks, and it is for that that I ask you for the moment to imagine yourselves indifferent to other and greater things.I do not say that there is not a wider point of view from which the distinction between law and morals becomes of secondary or no importance, as all mathematical distinctions vanish in presence of the infinite. But I do say that thatdistinction is of the first importance for the object which we are here to consider — a right study and mastery of the law as a business with well understood limits, a body of dogma enclosed within definite lines. I have just shown the practical reason for saying so. If you want to know the law and nothing else, you must look at it as a bad man, who cares only for the material consequences which such knowledge enables him to predict, not as a good one, who finds his reasons for conduct, whether inside the law or outside of it, in the vaguer sanctions of conscience. The theoretical importance of the distinction is no less, if you would reason on your subject aright. The law is full of phraseology drawn from morals, and by the mere force of language continually invites us to pass from one domain to the other without perceiving it, as we are sure to do unless we have the boundary constantly before our minds. The law talks about rights, and duties, and malice, and intent, and negligence, and so forth, and nothing is easier, or, I may say, more common in legal reasoning, than to take these words in their moral sense, at some state of the argument, and so to drop into fallacy. For instance, when we speak of the rights of man in a moral sense, we mean to mark the limits ofinterference with individual freedom which we think are prescribed by conscience, or by our ideal, however reached. Yet it is certain that many laws have been enforced in the past, and it is likely that some are enforced now, which are condemned by the most enlightened opinion of the time, or which at all events pass the limit of interference, as many consciences would draw it. Manifestly, therefore, nothing but confusion of thought can result from assuming that the rights of man in a moral sense are equally rights in the sense of the Constitution and the law. No doubt simple and extreme cases can be put of imaginable laws which the statute-making power would not dare to enact, even in the absence of written constitutional prohibitions, because the community would rise in rebellion and fight; and this gives some plausibility to the proposition that the law, if not a part of morality, is limited by it. But this limit of power is not coextensive with any system of morals. For the most part it falls far within the lines of any such system, and in some cases may extend beyond them, for reasons drawn from the habits of a particular people at a particular time. I once heard the late Professor Agassiz say that a German population would rise if you added two cents to the price ofa glass of beer. A statute in such a case would be empty words, not because it was wrong, but because it could not be enforced. No one will deny that wrong statutes can be and are enforced, and we would not all agree as to which were the wrong ones.The confusion with which I am dealing besets confessedly legal conceptions. Take the fundamental question, What constitutes the law? You will find some text writers telling you that it is something different from what is decided by the courts of Massachusetts or England, that it is a system of reason, that it is a deduction from principles of ethics or admitted axioms or what not, which may or may not coincide with the decisions. But if we take the view of our friend the bad man we shall find that he does not care two straws for the axioms or deductions, but that he does want to know what the Massachusetts or English courts are likely to do in fact. I am much of this mind. The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law.Take again a notion which as popularly understood isthe widest conception which the law contains — the notion of legal duty, to which already I have referred. We fill the word with all the content which we draw from morals. But what does it mean to a bad man? Mainly, and in the first place, a prophecy that if he does certain things he will be subjected to disagreeable consequences by way of imprisonment or compulsory payment of money. But from his point of view, what is the difference between being fined and taxed a certain sum for doing a certain thing? That his point of view is the test of legal principles is proven by the many discussions which have arisen in the courts on the very question whether a given statutory liability is a penalty or a tax. On the answer to this question depends the decision whether conduct is legally wrong or right, and also whether a man is under compulsion or free. Leaving the criminal law on one side, what is the difference between the liability under the mill acts or statutes authorizing a taking by eminent domain and the liability for what we call a wrongful conversion of property where restoration is out of the question. In both cases the party taking another man's property has to pay its fair value as assessed by a jury, and no more. What significance is there in calling one takingright and another wrong from the point of view of the law? It does not matter, so far as the given consequence, the compulsory payment, is concerned, whether the act to which it is attached is described in terms of praise or in terms of blame, or whether the law purports to prohibit it or to allow it. If it matters at all, still speaking from the bad man's point of view, it must be because in one case and not in the other some further disadvantages, or at least some further consequences, are attached to the act by law. The only other disadvantages thus attached to it which I ever have been able to think of are to be found in two somewhat insignificant legal doctrines, both of which might be abolished without much disturbance. One is, that a contract to do a prohibited act is unlawful, and the other, that, if one of two or more joint wrongdoers has to pay all the damages, he cannot recover contribution from his fellows. And that I believe is all. You see how the vague circumference of the notion of duty shrinks and at the same time grows more precise when we wash it with cynical acid and expel everything except the object of our study, the operations of the law.Nowhere is the confusion between legal and moral ideas more manifest than in the law of contract. Among other things, here again the so-called primary rights and duties are invested with a mystic significance beyond what can be assigned and explained. The duty to keep a contract at common law means a prediction that you must pay damages if you do not keep it — and nothing else. If you commit a tort, you are liable to pay a compensatory sum. If you commit a contract, you are liable to pay a compensatory sum unless the promised event comes to pass, and that is all the difference. But such a mode of looking at the matter stinks in the nostrils of those who think it advantageous to get as much ethics into the law as they can. It was good enough for Lord Coke, however, and here, as in many others cases, I am content to abide with him. In Bromage v. Genning, a prohibition was sought in the Kings' Bench against a suit in the marches of Wales for the specific performance of a covenant to grant a lease, and Coke said that it would subvert the intention of the covenantor, since he intends it to be at his election either to lose the damages or to make the lease. Sergeant Harra for the plaintiff confessed that he moved the matter against hisconscience, and a prohibition was granted. This goes further than we should go now, but it shows what I venture to say has been the common law point of view from the beginning, although Mr. Harriman, in his very able little book upon Contracts has been misled, as I humbly think, to a different conclusion.I have spoken only of the common law, because there are some cases in which a logical justification can be found for speaking of civil liabilities as imposing duties in an intelligible sense. These are the relatively few in which equity will grant an injunction, and will enforce it by putting the defendant in prison or otherwise punishing him unless he complies with the order of the court. But I hardly think it advisable to shape general theory from the exception, and I think it would be better to cease troubling ourselves about primary rights and sanctions altogether, than to describe our prophecies concerning the liabilities commonly imposed by the law in those inappropriate terms.I mentioned, as other examples of the use by the law of words drawn from morals, malice, intent, and negligence. Itis enough to take malice as it is used in the law of civil liability for wrongs what we lawyers call the law of torts —to show that it means something different in law from what it means in morals, and also to show how the difference has been obscured by giving to principles which have little or nothing to do with each other the same name. Three hundred years ago a parson preached a sermon and told a story out of Fox's Book of Martyrs of a man who had assisted at the torture of one of the saints, and afterward died, suffering compensatory inward torment. It happened that Fox was wrong. The man was alive and chanced to hear the sermon, and thereupon he sued the parson. Chief Justice Wray instructed the jury that the defendant was not liable, because the story was told innocently, without malice. He took malice in the moral sense, as importing a malevolent motive. But nowadays no one doubts that a man may be liable, without any malevolent motive at all, for false statements manifestly calculated to inflict temporal damage. In stating the case in pleading, we still should call the defendant's conduct malicious; but, in my opinion at least, the word means nothing about motives, or even about the defendant's attitude toward the future, but only signifiesthat the tendency of his conduct under known circumstances was very plainly to cause the plaintiff temporal harm.In the law of contract the use of moral phraseology led to equal confusion, as I have shown in part already, but only in pa。
Westlaw法律英语完美通用版
万律（Westlaw China）传送记录请求提交人: WLCHINA TRIAL USER 1请求提交时间: 星期二, 06/09/2015, 11: 00 (北京时间)文件类型: CN_CN_LG_CS查询: (n-tocview("i3cf76ad50000013349d7e9f0c122f2ec"))传送设置: 查询结果文件传送数量: 1000©汤森路透2007 - 2015，版权所有，所有权利保留1. 非法购买 -- illegal purchasing所属主题： [通用]2. 寄销印花税票 -- revenue stamps consigned-in所属主题： [通用]3. 基本性国家法律 -- overriding national law所属主题： [通用]4. 人大民族委员会 -- Nationalities Committee of the NPC所属主题： [通用]5. 人大教育，科学，文化，卫生委员会 -- Education, Science, Culture and Public Health Committee of the NPC所属主题： [通用]6. 人大华侨委员会 -- Overseas Chinese Committee of the NPC所属主题： [通用]7. 儿童被害人 -- child victim所属主题： [通用]8. 侵吞公款 -- embezzlement of govenment fund所属主题： [通用]9. 批评教育 -- re-education所属主题： [通用]10. 侵权行为 -- tort所属主题： [通用]11. 后法优于前法 -- lex posterior derogat lex priori所属主题： [通用]12. 后果的严重程度 -- severity of consequence所属主题： [通用]13. 基本权利和义务 -- fundamental rights and duties 所属主题： [通用]14. 基本法律 -- basic statute所属主题： [通用]15. 假证据 -- false evidence所属主题： [通用]16. 法律援助中心 -- legal aid center所属主题： [通用]17. 不正当行为 -- wrongful act所属主题： [金融财会; 通用]18. 基本人权 -- fundamental human rights所属主题： [通用]19. 亏本出售 -- sell at a loss所属主题： [通用]20. 合法受让人 -- lawful assignee所属主题： [通用]21. 合适的处分 -- just penalty所属主题： [通用]22. 教育，挽救，感化 -- education, saving, influence 所属主题： [通用]23. 开价 -- make a price所属主题： [通用]24. 横向关系 -- horizontal relationship所属主题： [通用]25. 国家所有权 -- state ownership所属主题： [通用]26. 境外上市外资股公司 -- H-share company 所属主题： [通用]27. 决策权 -- decision-making power所属主题： [通用]28. 绝对必要事项 -- absolutely required item 所属主题： [通用]29. 继承权 -- succession right所属主题： [通用]30. 合法继承人 -- lawful successor所属主题： [通用]31. 鉴定 -- identification所属主题： [通用]32. 核实证据 -- lawfully accepted evidence所属主题： [通用]33. 假冒 -- passing off所属主题： [通用]34. 家庭副业 -- family sideline production所属主题： [通用]35. 命令 -- injunction所属主题： [通用]36. 劳动密集型产业 -- labor insentive industry 所属主题： [通用]37. 流于形式 -- become mere formalities所属主题： [通用]38. 合议纪要 -- summary of discussion所属主题： [通用]39. 假释 -- parole所属主题： [通用]40. 核实证据 -- verified evidence所属主题： [通用]41. 继承纠纷 -- succession dispute所属主题： [通用]42. 军人通行证 -- army pass所属主题： [通用]43. 军人通行证 -- soldier's identity card所属主题： [通用]44. 国家行政区域划分 -- demarcation of national administrative zones 所属主题： [通用]45. 殴打他人 -- assaulting another person所属主题： [通用]46. 流动性风险 -- liquidity risk所属主题： [通用]47. 合理时限 -- reasonable time所属主题： [通用]48. 劳动改造 -- labour reformation所属主题： [通用]49. 继承遗产 -- take as a beneficiary under an estate所属主题： [通用]50. 开放政策 -- policy of invigorating the domestic economy and opening to the outside world 所属主题： [通用]51. 纠纷 -- dispute所属主题： [通用]52. 缴获 -- seize所属主题： [通用]53. 及时 -- promptness所属主题： [通用]54. 合伙生意 -- partnership所属主题： [通用]55. 交给 -- relinquish所属主题： [通用]56. 救济 -- remedy所属主题： [通用]57. 认证认可 -- certification and accreditation所属主题： [通用]58. 合理的考虑 -- reasonable contemplation所属主题： [通用]59. 婚姻登记所 -- Marriage Registration Office所属主题： [通用]60. 故意的动机 -- intentional motive所属主题： [通用]61. 企业价值评估 -- business valuation所属主题： [通用]62. 合理的预见 -- reasonable foreseeability所属主题： [通用]63. 纠正 -- rectifications所属主题： [通用]64. 国家制度 -- state system所属主题： [通用]65. 缴获证物 -- seizure of exhibits所属主题： [通用]66. 衡平法赋予的自由裁量权 -- equitable discretion所属主题： [通用]67. 计划生育 -- family planning所属主题： [通用]68. 货证 -- bill of lading所属主题： [通用]69. 国际运输 -- international transport所属主题： [通用]70. 偶然波动 -- accidental fluctuation所属主题： [通用]71. 基层公安机关 -- grassroots public security agencies 所属主题： [通用]72. 过失 -- negligence所属主题： [通用]73. 衡平法上的补救措施 -- equitable remedy所属主题： [通用]74. 合法的房屋所有权 -- legitimate land ownership right所属主题： [通用]75. 旁系血亲 -- collateral line所属主题： [通用]76. 行业限制 -- restraint of trade所属主题： [通用]77. 民事责任 -- responsibility under civil law所属主题： [民事诉讼; 通用]78. 民用航空管理制度 -- system of civil aviation management 所属主题： [通用]79. 合理性要求 -- requirement of reasonableness所属主题： [通用]80. 悔罪 -- repentance所属主题： [通用]81. 婚姻基础 -- foundation of marriage所属主题： [通用]82. 监护人 -- guardian所属主题： [通用]83. 检举 -- accusation所属主题： [通用]84. 境外中资控股上市公司 -- Red-chip company所属主题： [通用]85. 免予起诉书面决定 -- written decision to exempt from prosecution 所属主题： [通用]86. 互免签证协议 -- visa exemption agreement所属主题： [通用]87. 交易所交易基金 -- exchange traded funds所属主题： [通用]88. 获得 -- procurement所属主题： [通用]89. 核实证据 -- evidence based on fact所属主题： [通用]90. 卷中所存 -- as stated in the document所属主题： [通用]91. 公证证明 -- notarial certification所属主题： [通用]92. 管制 -- regulate所属主题： [通用]93. 公有制 -- public ownership system所属主题： [通用]94. 供销合作社 -- supply and marketing co-operative所属主题： [通用]95. 公安派出所 -- local police station所属主题： [通用]96. 共同权利 -- joint right所属主题： [通用]97. 公职 -- public office所属主题： [通用]98. 国际海洋运输保险协会 -- International Union of Marine Insurance所属主题： [通用]99. 公证机关 -- notary public所属主题： [通用]100. 得利者 -- beneficiary所属主题： [通用]101. 公安局 -- public security bureau所属主题： [通用]102. 工矿区 -- industrial and mining district所属主题： [通用]103. 公检法机关 -- organs of the public security, the procuracy and the court 所属主题： [通用]104. 公共政策 -- public policy所属主题： [通用]105. 共同故意 -- mutual intent所属主题： [通用]106. 公共政策的原则 -- principle of public policy所属主题： [通用]107. 公安 -- public security所属主题： [通用]108. 公安机关 -- public security organs所属主题： [通用]109. 工农联盟 -- alliance of workers and peasants所属主题： [通用]110. 彻底查明 -- thorough investigation所属主题： [通用]111. 撤回要约 -- revocation of offers所属主题： [通用]112. 各尽所能 -- from each according to his ability所属主题： [通用]113. 产业技术联盟 -- industrial technology alliance所属主题： [通用]114. 非时政类报刊 -- newspapers and periodicals not categorized as current affairs and political content 所属主题： [通用]115. 不实陈述 -- misrepresentation所属主题： [通用]116. 不时 -- frequently所属主题： [通用]117. 不容反悔 -- estoppel所属主题： [通用]118. 个体劳动者所有权 -- individual worker's ownership所属主题： [通用]119. 查清 -- verify by investigation所属主题： [通用]120. 高新技术产业开发区 -- high and new technology industrial development zone所属主题： [通用]121. 干线公路 -- arterial roads所属主题： [通用]122. 根据惯例推定的默示条款 -- terms implied by usage所属主题： [通用]123. 公安处 -- Public Security Office所属主题： [通用]124. 船舶碰撞 -- collision of vessels所属主题： [通用]125. 诚信义务 -- fiduciary duty所属主题： [通用]126. 根据法院判决推定的默示条款 -- terms implied by courts所属主题： [通用]127. 法规规章草案意见征集系统 -- opinion solicitation system for draft laws and regulations 所属主题： [通用]128. 调度通讯系统 -- dispatching communication system所属主题： [通用]129. 不利行为 -- adverse action所属主题： [通用]130. 不能自理 -- unable to look after oneself所属主题： [通用]131. 诚信原则 -- principles of bona fide所属主题： [通用]132. 陈述人 -- representor所属主题： [通用]133. 定性 -- determination on the nature所属主题： [通用]134. 根据成文法推定的默示条款 -- terms implied by legislation所属主题： [通用]135. 感化 -- influence所属主题： [通用]136. 革委会 -- revolutionary committee所属主题： [通用]137. 出售或以其它方式处分 -- sale or other disposition所属主题： [通用]138. 澄清 -- clarify所属主题： [通用]139. 程序法 -- procedural law所属主题： [通用]140. 犯罪所得 -- proceeds from crime所属主题： [通用]141. 动物卫生监督机构 -- sanitary-veterinary supervision authorities 所属主题： [通用]142. 封面 -- front cover所属主题： [通用]143. 处置权 -- right of disposal所属主题： [通用]144. 承担责任 -- assume responsibility所属主题： [通用]145. 处理欠妥 -- unsatisfactory treatment所属主题： [通用]146. 承保费用 -- underwriting expense所属主题： [通用]147. 不正当影响 -- undue influence所属主题： [通用]148. 不正常往来 -- inappropriate liaison所属主题： [通用]149. 笔迹鉴定书 -- handwriting identification report所属主题： [通用]150. 不良时机 -- unsuitable occasion所属主题： [通用]151. 不可避免的责任 -- unavoidable responsibility所属主题： [通用]152. 不具有溯及力 -- no retrospective effect所属主题： [通用]153. 北京刑法学研究会 -- Beijing Criminal Law Society 所属主题： [通用]154. 被陈述人 -- representee所属主题： [通用]155. 保健食品 -- healthcare product所属主题： [通用]156. 不当 -- unlawful所属主题： [通用]157. 必需品 -- necessaries所属主题： [通用]158. 兵役 -- military service所属主题： [通用]159. 报失资产 -- lost assets所属主题： [通用]160. 不具有追溯力 -- no retrospective effect所属主题： [通用]161. 保险法 -- insurance law所属主题： [通用]162. 标准煤 -- standard coal所属主题： [通用]163. 安全生产 -- safe production所属主题： [通用]164. 被要约人 -- offeree所属主题： [通用]165. 保管品 -- goods in custody所属主题： [通用]166. 不合实际情况 -- does not comply with fact 所属主题： [通用]167. 被许诺人 -- promisee所属主题： [通用]168. 不可撤回 -- irrevocable所属主题： [通用]169. 不道德 -- immoral所属主题： [通用]170. 不得出言反悔 -- promissory estoppel所属主题： [通用]171. 不得出尔反尔 -- promissory estoppel所属主题： [通用]172. 不道德 -- unethical所属主题： [通用]173. 版权页 -- Colophon所属主题： [通用]174. 替代交割程序 -- alternative delivery procedure 所属主题： [通用]175. 候补委员 -- alternate member所属主题： [通用]176. 营业日 -- business day所属主题： [通用]177. 替任人 -- alternate所属主题： [通用]178. 公平行事 -- act fairly所属主题： [通用]179. 临时报告 -- ad hoc report所属主题： [通用]180. 防止贿赂 -- anti-bribery所属主题： [通用]181. 年生产所需原材料 -- annual production requirement of the raw material所属主题： [通用]182. 异义 -- opinion to the contrary所属主题： [通用]183. 指定监护人 -- designated guardian所属主题： [通用]184. 中介人 -- intermediary所属主题： [通用]185. 有法可依，有法必依，执法必严，违法必究 -- make law, follow the law, uphold the law, and hold violators accountable所属主题： [通用]186. 诱供 -- inducement所属主题： [通用]187. 越权行为 -- ultra vires action所属主题： [通用]188. 直接损害赔偿金 -- direct damages所属主题： [通用]189. 在途机件 -- equipment in transit所属主题： [通用]190. 在预料之中 -- in the contemplation of所属主题： [通用]191. 重大责任事故 -- serious accident involving serious consequences所属主题： [通用]192. 职能管辖 -- functional jurisdiction所属主题： [通用]193. 支援 -- assistance所属主题： [通用]194. 印章 -- seal所属主题： [通用]195. 由成文法形成的默示条款 -- terms implied by legislation所属主题： [通用]196. 运用合理的技能 -- exercise reasonable skill所属主题： [通用]197. 治安处理 -- security administration所属主题： [通用]198. 整批 -- bulk所属主题： [通用]199. 用品盘存 -- inventory of supplies所属主题： [通用]200. 证明方法 -- method of proof所属主题： [通用]201. 遗赠扶养协议 -- maintenance agreement under an estate所属主题： [通用]202. 政府与民众的纵式关系 -- vertical relationship of the government to the people 所属主题： [通用]203. 治安行政裁决 -- security administrative decision所属主题： [通用]204. 用类推的方式 -- by way of analogy所属主题： [通用]205. 职权 -- functions and powers所属主题： [通用]206. 滞纳金 -- fine of late payment所属主题： [通用]207. 以上事实均有证据证明 -- all of the above facts are supported by clear evidence 所属主题： [通用]208. 遗赠扶养协议 -- maintenance agreement by will所属主题： [通用]209. 在卷为凭 -- evidenced by document所属主题： [通用]210. 治安联防队员 -- public order joint defense force所属主题： [通用]211. 政治权力和自由 -- political rights and freedoms所属主题： [通用]212. 真诚的 -- bona fide所属主题： [通用]213. 指定代理人 -- designated agent所属主题： [通用]214. 指示 -- directive所属主题： [通用]215. 员工训练费用 -- staff training expense所属主题： [通用]216. 职务侵权 -- infringement committed on duty所属主题： [通用]217. 制定 -- enact所属主题： [通用]218. 有条件的赠与 -- gift under a condition所属主题： [通用]219. 指定代理人 -- appointed agent所属主题： [通用]220. 在料想之中 -- in the contemplation of所属主题： [通用]221. 意思自治原则 -- principle of autonomy of will 所属主题： [通用]222. 真实的 -- bona fide所属主题： [通用]223. 预先估计 -- pre-estimate所属主题： [通用]224. 遗嘱继承 -- inheritance by will所属主题： [通用]225. 指导性计划 -- planning by guidance所属主题： [通用]226. 已执行的 -- executed所属主题： [通用]227. 遗嘱 -- will所属主题： [通用]228. 致命缺陷 -- fatal defects所属主题： [通用]229. 意向 -- intention所属主题： [通用]230. 专门人民检察院 -- Special people's Procuratorate 所属主题： [通用]231. 专门人民法院 -- Special people's Court所属主题： [通用]232. 主观恶性 -- subjective malice of the mind所属主题： [通用]233. 主观故意 -- subject intent所属主题： [通用]234. 执行员 -- marshal所属主题： [通用]235. 中间媒介 -- intermediary所属主题： [通用]236. 自卫 -- self-defence所属主题： [通用]237. 自然解除 -- dissolve by itself所属主题： [通用]238. 自然法学派 -- School of Natural Law所属主题： [通用]239. 酌情权 -- discretionary power所属主题： [通用]240. 自然人 -- natural person所属主题： [通用]241. 准司法机构 -- quasi-judicial organ所属主题： [通用]242. 主要 -- pivotal所属主题： [通用]243. 最高国家权力机关 -- supreme organ of state power 所属主题： [通用]244. 撰写 -- draft所属主题： [通用]245. 准予 -- allow所属主题： [通用]246. 准时 -- promptness所属主题： [通用]247. 职责 -- duty所属主题： [通用]248. 宗教信仰自由 -- religious freedom所属主题： [通用]249. 追讨 -- recover所属主题： [通用]250. 自然法学家 -- naturalists所属主题： [通用]251. 民事基本法 -- Civil Fundemental Laws所属主题： [通用]252. 捉拿归案 -- bring to justice所属主题： [通用]253. 自诉人 -- private prosecutor所属主题： [通用]254. 自我检讨 -- self-criticism所属主题： [通用]255. 中间条款 -- intermediate term所属主题： [通用]256. 组织 -- organization所属主题： [通用]257. 最高审判和监督机关 -- highest trial and supervisory organ 所属主题： [通用]258. 总纲 -- general principles所属主题： [通用]259. 准予 -- permit所属主题： [通用]260. 自然法 -- natural law所属主题： [通用]261. 主权 -- sovereignty所属主题： [通用]262. 祖遗 -- take under the laws of succession所属主题： [通用]263. 主体资格 -- right as principal所属主题： [通用]264. 宗教指导者 -- religious adviser所属主题： [通用]265. 总论 -- general provisions所属主题： [通用]266. 自留地 -- private plot所属主题： [通用]267. 自动弃权行为 -- act of abstention所属主题： [通用]268. 准许离婚 -- divorce granted所属主题： [通用]269. 合同 -- Contract所属主题： [通用]270. 人身权 -- Personal rights所属主题： [通用]271. 侵权 -- Tort所属主题： [通用]272. 抵押 -- Mortgage所属主题： [通用]273. 质权 -- Right of pledge所属主题： [通用]274. 质押 -- Pledge所属主题： [通用]275. 典当 -- Pawn所属主题： [通用]276. 自然资源使用权 -- Right to use natural resources所属主题： [通用]277. 所有权 -- Ownership right所属主题： [通用]278. 遗嘱 -- Testament所属主题： [通用]279. 物权 -- Property rights所属主题： [通用]280. 民法 -- Civil Law所属主题： [通用]281. 遗产 -- heritage所属主题： [通用]282. 民事权利 -- Civil rights所属主题： [通用]283. 民事法律行为 -- Civil juristic acts 所属主题： [通用]284. 监护 -- Guardianship所属主题： [通用]285. 联营 -- Joint operation所属主题： [通用]286. 共有 -- Common所属主题： [通用]287. 相邻关系 -- Neighboring relations 所属主题： [通用]288. 婚姻家庭 -- Marriage & family所属主题： [通用]289. 保证 -- Warranty所属主题： [通用]290. 留置 -- Lien所属主题： [通用]291. 继承 -- Inheritance所属主题： [通用]292. 夫妻财产 -- Matrimonial property所属主题： [通用]293. 扶养抚养 -- Support & maintenance所属主题： [通用]294. 农村土地承包经营 -- Rural land contractual operation所属主题： [通用]295. 殴打他人 -- assault.所属主题： [通用]296. 阿拉伯石油输出国组织 -- Organization of Arab Petroleum Exporting Countries (OAPEC)所属主题： [通用]297. 安第斯共同市场 -- Andeans Common Market (ACM)所属主题： [国际贸易; 通用]298. 安全标准 -- safety standard所属主题： [劳动和社会保障; 通用]299. 安全第一，预防为主 -- safety first, precaution crucial所属主题： [通用]300. 按轻重缓急 -- prioritize所属主题： [通用]301. 暗箱操作 -- black case work所属主题： [通用]302. 颁布 -- promulgate所属主题： [通用]303. 颁布 -- enact所属主题： [通用]304. 发证机关 -- the certificate issuing authority所属主题： [通用]305. 办公厅 -- General Office所属主题： [通用]306. 版权页 -- copyright page所属主题： [通用]307. 包庇 -- enshielding所属主题： [通用]308. 包办婚姻 -- arranged marriage所属主题： [通用]309. 暴跌 -- slump所属主题： [通用]310. 包干到户 -- work contracted to households所属主题： [通用]311. 报告期 -- reporting period所属主题： [通用]312. 保护农民的生产积极性 -- protect farmers' incentive to produce所属主题： [通用]313. 包括但不限于 -- including but are not limited to所属主题： [合同; 通用]314. 保留意见 -- reservation of opinions所属主题： [通用]315. 保密协议 -- confidentiality agreement所属主题： [合同; 通用]316. 报送 -- submit所属主题： [通用]317. 保质期 -- shelf life所属主题： [通用]318. 保证商品质量，维护商标信誉 -- ensure the quality of the goods, and safeguard the reputation of the trademark所属主题： [通用]319. 包装物料 -- packing materials所属主题： [通用]320. 备案 -- record filing所属主题： [民事诉讼; 通用]321. 备案 -- filing所属主题： [民事诉讼; 通用]322. 备案表 -- the form for record-filing所属主题： [通用; 公司]323. 备案变更 -- change to record-filing所属主题： [公司; 通用]324. 备案编号 -- code for record-filing所属主题： [公司; 通用]325. 备案材料 -- materials for record-filing所属主题： [通用; 公司]326. 备案管理系统 -- record-filing management system 所属主题： [公司; 通用]327. 备案机关 -- authority for record-filing所属主题： [通用; 公司]328. 备案情况 -- the record-filing status所属主题： [通用; 公司]329. 备案人 -- the record-filing person所属主题： [通用; 公司]330. 备案手续 -- formalities for record-filing所属主题： [通用; 公司]331. 备案信息 -- information on record-filing所属主题： [通用; 公司]332. 备案制度 -- record-filing system所属主题： [通用; 公司]333. 备案职责 -- record-filing responsibility所属主题： [公司; 通用]334. 被裁定破产 -- adjudged bankrupt所属主题： [通用]335. 北海舰队 -- North China Sea Fleet所属主题： [通用]336. 备件 -- spare parts所属主题： [通用]337. 北京市财政局 -- Beijing Municipal Bureau of Finance所属主题： [通用]338. 北京市工商行政管理局 -- Beijing Municipal Administration for Industry and Commerce所属主题： [通用]339. 北京市国土资源局 -- Beijing Municipal Bureau of State Land and Resources所属主题： [通用]340. 北京市文化局 -- Beijing Municipal Culture Bureau所属主题： [通用]341. 背书 -- endorsement所属主题： [通用]342. 被申请人 -- respondent所属主题： [民事诉讼; 仲裁; 通用]343. 奔小康 -- strive to prosper所属主题： [通用]344. 本辖区内市（地、州）工商行政管理部门 -- the municipal (prefectural) administrative departments for industry and commerce within the respective jurisdiction of所属主题： [通用]345. 变更登记手续 -- formalities for change of registration所属主题： [民事诉讼; 合同; 通用]346. 变更（登记）证明文件 -- document evidencing the (registration) change所属主题： [合同; 民事诉讼; 通用]347. 变更公司形式 -- change of company nature所属主题： [合同; 公司; 民事诉讼; 通用]348. 变卖 -- sale所属主题： [通用]349. 变卖财产买受人 -- buyer of the property for sale所属主题： [通用]350. 边远贫困地区 -- outlying poverty-stricken areas所属主题： [通用]351. 编制人数 -- staff size所属主题： [通用]352. 标本兼治 -- address both symptoms and root causes 所属主题： [通用]353. 标的额 -- the amount of the subject matter所属主题： [合同; 通用]354. 标的物 -- subject matter所属主题： [通用; 合同]355. 表决权 -- voting power所属主题： [通用]356. 表明身份 -- indicate one's identity所属主题： [通用]357. 标准化 -- standardization所属主题： [通用]358. 并表监管 -- consolidated supervision所属主题： [通用]359. 并处罚款 -- impose a concurrent fine of所属主题： [通用]360. 秉公办事 -- exercise power of office in an impartial manner所属主题： [通用]361. 并联审批 -- multiple-authority paralleled examination and approval 所属主题： [通用]362. 兵器工业部 -- Ministry of Weaponry Industry所属主题： [通用]363. 滨海新区 -- Binhai New Area所属主题： [通用]364. 避险 -- risk aversion所属主题： [通用]365. 薄利多销 -- small profits but quick returns所属主题： [通用]366. 薄弱环节 -- weakness所属主题： [通用]367. 不诚实 -- dishonesty所属主题： [通用]368. 不当得利 -- improper benefits所属主题： [通用]369. 不定期抽检 -- unscheduled sample inspection所属主题： [通用]370. 不当损害 -- undue detriment所属主题： [通用]371. 不当行为 -- wrongful act所属主题： [通用]372. 不当影响 -- undue influence所属主题： [通用]373. 部际联席会议 -- inter-ministry conference所属主题： [通用]374. 不记名投票 -- secret ballot所属主题： [通用]375. 不可抗力 -- force majeure所属主题： [通用]376. 不可预知 -- unforeseen所属主题： [通用]377. 不可执行 -- unenforceable所属主题： [通用]378. 不利于 -- prejudice所属主题： [通用]379. 部门规章 -- departmental rules所属主题： [通用]380. 不损害 -- without prejudice所属主题： [通用]381. 不受前款规定的限制 -- without being subject to the preceding paragraph所属主题： [合同; 通用]382. 部委管理的国家局 -- state-level bureau under the administration of ministries or commissions 所属主题： [通用]383. 不予采信 -- (the evidence) should not be admitted所属主题： [民事诉讼; 通用]384. 不予受理 -- refuse to accept (the case)所属主题： [民事诉讼; 通用]385. 不予行政许可决定书 -- Written Decision on Non-approval of Administrative Licensing 所属主题： [民事诉讼; 通用]386. 不予支持 -- not be upheld所属主题： [民事诉讼; 通用]387. 不正当影响 -- undue influence所属主题： [通用]388. 不正之风 -- unhealthy tendency所属主题： [通用]389. 不作为 -- omission所属主题： [通用]390. 财产分割协议 -- property division agreement所属主题： [通用]391. 财产分割协议 -- agreement on division of property所属主题： [通用]392. (财产)恢复原状 -- restoration所属主题： [通用]393. 财产所有权 -- property right所属主题： [通用]394. 财产所有权 -- property ownership所属主题： [通用]395. 裁定破产人 -- adjudicated bankrupt所属主题： [并购; 通用]396. 采纳 -- accept所属主题： [通用]397. 裁判文书 -- judgment document所属主题： [通用]398. 财务管理制度 -- financial management system所属主题： [通用]399. 财务会计制度 -- financial and accounting system所属主题： [金融财会; 通用]400. 财政部 -- Ministry of Finance所属主题： [金融财会; 通用]401. 财政部办公厅 -- General Office of the Ministry of Finance所属主题： [金融财会; 通用]402. 财政部税务总局 -- Taxation Bureau of the Ministry of Finance所属主题： [金融财会; 通用]403. 财政部驻当地财政监察专员办事机构 -- local finance supervisor office of the Ministry of Finance 所属主题： [金融财会; 通用]404. 财政局 -- Bureau of Finance所属主题： [金融财会; 通用]405. 财政监察专员办事机构 -- finance supervisor office所属主题： [金融财会; 通用]406. 参见 -- refer to所属主题： [通用]407. 参加单位 -- participating organization所属主题： [通用]408. 参照 -- with reference to所属主题： [通用]409. 参照标准 -- reference standard所属主题： [通用]410. 参照...执行 -- shall apply as the reference所属主题： [通用]411. 操作规程 -- operational rules所属主题： [通用]412. 操作规程 -- operational rules所属主题： [通用]413. 测绘学会 -- Society of Geodesy, Photogrammetry and Cartography 所属主题： [通用]414. 差别准备金 -- differential reserve requirement ratios所属主题： [通用]415. 查封 -- seal up所属主题： [通用]416. 查获 -- seize所属主题： [通用]417. 常务委员会 -- Standing Committee所属主题： [通用]418. 创新型国家 -- innovation-oriented country所属主题： [通用]419. 偿债风险 -- insolvency risk所属主题： [通用]420. 常驻业务活动 -- business activity of a permanent representative organization 所属主题： [通用]421. 产能过剩 -- excess production capacity所属主题： [通用]422. 产品放行责任人 -- person in charge of product release所属主题： [通用]423. 产品积压 -- excessive inventory所属主题： [通用]424. 产品质量认证证书 -- product quality certificate所属主题： [通用]425. 产业结构升级 -- upgrading of industrial structure所属主题： [通用]426. 产业结构调整 -- adjustment of industrial structure所属主题： [通用]427. 产业联盟 -- industry union所属主题： [通用]428. 产业指导目录 -- Industry Guiding Catalogue所属主题： [通用]429. 超标结果 -- Out-Of-Specification (OOS) result所属主题： [通用]430. 超前消费 -- overconsuming所属主题： [通用]431. 超前消费 -- pre-mature consumption所属主题： [通用]432. 抄袭 -- plagiarism所属主题： [通用]433. 超越权限 -- exceed authority所属主题： [通用]434. 超越职权 -- ultra vires所属主题： [通用]435. 查询制度 -- inquiring system所属主题： [通用]436. 车流量 -- vehicle flowrate所属主题： [通用]437. 承办 -- handle所属主题： [通用]438. 承办单位 -- agency designated to handle the case 所属主题： [通用]439. 承办人 -- personnel designated to handle a case 所属主题： [通用]440. 呈陡峭化趋势 -- show a steep-going tendency所属主题： [通用]441. 承揽(业务) -- solicit (business)所属主题： [通用]442. 成立 -- tenable所属主题： [通用]443. 诚实的 -- bona fide所属主题： [通用]444. 城市道路 -- urban road所属主题： [通用]445. 城市服务部 -- Urban Services Department所属主题： [通用]446. 承受风险能力 -- risk tolerance capacity所属主题： [通用]447. 城市基础设施配套费 -- the fee for supporting facilities of urban infrastructures所属主题： [通用]448. 成套产品 -- complete sets of equipment所属主题： [通用]449. 程序 -- procedures所属主题： [通用]450. 城乡基层群众性自治组织-- urban and rural mass organization of self-government at the grass-roots level所属主题： [通用]451. 城乡居民收入 -- the incomes of both urban and rural residents所属主题： [通用]452. 城乡居民最低生活保障 -- basic living allowances for urban and rural residents所属主题： [通用]453. 城乡建设环境保护部 -- Ministry of Urban and Rural Construction and Environmental Protection 所属主题： [通用]454. 诚信缺失 -- lack of credibility所属主题： [通用]455. 成员国 -- member country所属主题： [通用]456. 承运人 -- carrier所属主题： [通用]457. 城镇登记失业率 -- urban unemployment rate所属主题： [通用]458. 城镇化 -- urbanization所属主题： [通用]459. 城镇居民人均可支配收入 -- per capita disposable income of urban residents所属主题： [通用]460. 成长性企业 -- growing enterprises所属主题： [通用]461. 城镇新增就业 -- new urban jobs所属主题： [通用]462. 承租人 -- lessee所属主题： [通用]463. 撤销 -- nullify所属主题： [通用]464. 撤销合约 -- rescind a contract所属主题： [通用]465. 撤销境外会计师事务所常驻代表机构-- remove a permanent representation organization of an overseas accounting firm所属主题： [通用; 外商投资]466. 持续督导 -- continuous supervision and guidance所属主题： [通用]467. 持续增长 -- sustained growth所属主题： [通用]468. 重复保全 -- repetitive preservation所属主题： [民事诉讼; 通用]469. 重复建设 -- building redundant project 所属主题： [通用]470. 充份考虑 -- consider thoroughly所属主题： [通用]471. 充公 -- confiscation所属主题： [通用]472. 重整 -- reorganization所属主题： [公司; 并购; 通用]473. 重组 -- reorganization所属主题： [公司; 并购; 通用]474. 重置资产 -- replacement asset所属主题： [通用]475. 重组计划 -- restructuring plan所属主题： [金融财会; 通用]476. 筹建 -- construction preparation所属主题： [通用]477. 抽检 -- sample inspection所属主题： [通用]478. 筹建报告 -- preparatory report所属主题： [通用]479. 筹建方案 -- preparatory plan所属主题： [通用]480. 筹建工作 -- preparatory work所属主题： [通用]481. 传播 -- disseminate所属主题： [通用]482. 传输接口 -- transmission interface所属主题： [通用]483. 串通 -- collusion所属主题： [通用]484. 传销 -- pyramid selling所属主题： [通用]485. 处罚 -- impose penalty所属主题： [通用]486. 处分权 -- right of disposal所属主题： [通用]487. 吹风会 -- briefing所属主题： [通用]488. 出口大幅下降 -- sharp drop in net exports 所属主题： [通用]489. 出让人 -- transferor所属主题： [通用]490. 出租 -- lease所属主题： [合同; 通用]491. 处置 -- disposal所属主题： [通用]492. 出租人 -- lessor所属主题： [合同; 通用]493. 篡改 -- falsification所属主题： [通用]494. 粗放经济 -- extensive economy所属主题： [通用]495. 存查 -- for record and future access所属主题： [通用]496. 大幅回落 -- see a sharp falling tendency所属主题： [通用]497. 代表处 -- representative office所属主题： [通用; 公司]498. 代表机构 -- representative organization所属主题： [通用; 公司]499. 代表人 -- representative所属主题： [通用]500. 代表资格审查委员会 -- Delegates' Credentials Committee 所属主题： [通用]501. 贷款承诺 -- loan commitment所属主题： [合同; 公司; 通用]502. 带薪假期 -- paid holiday所属主题： [通用]503. 呆账处理 -- bad debt treatment所属主题： [通用]504. 打假 -- crack down on counterfeit goods所属主题： [通用]505. 打击报复 -- take reprisals against所属主题： [通用]506. 担保 -- guarantee所属主题： [金融财会; 通用]507. 担保类型 -- type of guarantee所属主题： [通用]508. 担保物权 -- rights to secured property所属主题： [通用]509. 担保物权人 -- the owner of the rights to secured property所属主题： [通用]510. 担保总额 -- total amount of guarantees provided所属主题： [通用]511. 单独核算 -- separate accounting所属主题： [通用]512. 当地电信局 -- the relevant local telecommunications administration bureau 所属主题： [通用]513. 当期 -- the then-current time period所属主题： [通用]514. 当事人 -- the party concerned所属主题： [通用]515. 单位 -- organizations and institutions所属主题： [通用]516. 单位国内生产总值能耗 -- energy consumption per unit of GDP所属主题： [通用]517. 单位价格 -- unit value所属主题： [通用]518. 单一法人客户 -- single legal person client所属主题： [通用]519. 道德风险 -- moral hazard所属主题： [通用]520. 道路运输管理机构 -- administrative authority for road transportation 所属主题： [通用]521. 到期收益 -- yield to maturity所属主题： [通用]522. 搭售 -- tie-in sale所属主题： [通用]523. 登记费 -- recordation fee所属主题： [通用]524. 登记手续 -- the registration formalities所属主题： [公司; 通用]525. 垫付 -- advances所属主题： [通用]526. 电力工业部 -- Ministry of Power Industry所属主题： [通用]。
何韦律师行企业及商业事务专业知识说明书
目录目录 (2)关于本行 (3)企业及商业事务专业知识 (4)Christopher Williams (韦杰聪) (6)庄颂然 (Katherine Chuang) (9)何百全 (Brian Ho) (11)李均雄 (Eddie Lee) (17)陈佳菁 (Chia Ching Tan) (18)黄紫玲 (Jill Wong) (21)余国坚 (Christopher Yu) (23)车曦芸 (Denise Che) (25)翁奕龙 (Antony Yung) (26)李蔼儿 (Heidi Lee) (27)周婉君 (Veronica Chow) (28)李泽文 (Desmond Lee) (31)陈嘉骏 (Anthony Chan) (32)黄伟强 (William Wong) (33)我们的团队 (34)我们的团队近期参与具代表性的事务 (37)何韦律师行是一所香港独立律师行，其律师经验丰富，具创造性及前瞻性思维。
关于本行我们的主要业务领域包括：医疗疏忽及医护；企业／商业事务及企业融资；商事及海事争议解决；保险、人身伤害及专业弥偿保险；雇佣；家庭及婚姻；物业及建筑物管理；银行业务；欺诈行为；金融服务／企业监管及合规事宜。
作为一家独立的律师行，我们能将法律和商业上利益冲突的情况减至最低，为各行各业的客户处理各种法律事务。
本行合伙人在香港发展事业多年，对国际业务及亚洲地区业务有深刻的了解。
何韦律师行的合伙人及其团队秉承务实的商业态度，致力以符合客户商业目标的方式，提供高质素的法律意见以解决法律事宜，在业界建立了超卓的声誉。
企业及商业事务专业知识何韦律师行的企业／商业及企业融资团队致力为客户提供涵盖众多业务领域的全方位咨询服务，包括并购、企业融资、直接投资、资本市场、私募股权及风险资金、股东／合营协议、企业管治、企业重组／改组，以及经营合约及知识产权商业化等一般商业事务。
我们曾参与众多在亚洲多个司法权区进行的交易。
Westlaw_Document_00_07_16
89 S.Ct. 1030FOR EDUCATIONAL USE ONLY Page _ 394 U.S. 244, 89 S.Ct. 1030, 22 L.Ed.2d 248(Cite as: 394 U.S. 244, 89 S.Ct. 1030)© 2014 Thomson Reuters. No Claim to Orig. US Gov. Works.89 S.Ct. 1030FOR EDUCATIONAL USE ONLY Page _ 394 U.S. 244, 89 S.Ct. 1030, 22 L.Ed.2d 248(Cite as: 394 U.S. 244, 89 S.Ct. 1030)© 2014 Thomson Reuters. No Claim to Orig. US Gov. Works.Supreme Court of the United StatesSamuel DESIST et al., Petitioners,v.UNITED STA TES.No. 12.Argued Nov. 12, 1968.Decided March 24, 1969.Rehearing Denied May 26, 1969. See 395 U.S. 931, 89 S.Ct. 1766.Defendants were convicted in the United States District Court for the Southern District of New York of conspiring to import and conceal heroin in violation of the federal narcotics laws and on remand from theCourt of Appeals to ascertain extent of government's use of electronic equipment in obtaining evidence against defendants, the District Court, 277 F.Supp. 690, found no violation of constitutional rights. On appeal,the Court of Appeals, 384 F.2d 889, affirmed and certiorari was granted. The Supreme Court, Mr. Justice Stewart, held that Supreme Court decision overruling cases holding that search and seizure of speech requiressome trespass or actual penetration of a particular enclosure is to be applied only to cases in which prosecution seeks to introduce fruits of electronic surveillance conducted after December 18, 1967.Affirmed.Mr. Justice Douglas, Mr. Justice Harlan and Mr. Justice Fortas dissented.For dissenting opinion by Mr. Justice Fortas see 89 S.Ct. 1048.West Headnotes[1] Federal Courts 170B 3146170B Federal Courts170BXVI Supreme Court170BXVI(B) Decisions Reviewable170Bk3144 Particular Cases, Contexts, and Questions170Bk3146 k. Criminal matters. Most Cited Cases(Formerly 170Bk458, 106k383(1))Certiorari was granted to consider constitutional questions presented by government's use of evidence consisting of tape recordings of conversations made by means of electronic recording device. U.S.C.A.Const. Amend. 4.[2] Criminal Law 110 392.49(9)110 Criminal Law110XVII Evidence110XVII(I) Competency in General110k392.1 Wrongfully Obtained Evidence110k392.49 Evidence on Motions110k392.49(3) Weight and Sufficiency110k392.49(9) k. Wiretaps; electronic surveillance. Most Cited Cases(Formerly 110k394.6(4))Evidence supported findings, at hearing to ascertain extent of government's use of electronic equipment in obtaining evidence against defendants charged with conspiring to import and conceal heroin, that evidence used against defendants was not tainted by any invasion of their constitutional rights. Narcotic Drugs Import and Export Act, § 2(b-e, f), 21 U.S.C.A. §§ 173, 174; U.S.C.A.Const. Amend. 4.[3] Courts 106 100(1)106 Courts106II Establishment, Organization, and Procedure106II(H) Effect of Reversal or Overruling106k100 In General106k100(1) k. In general; retroactive or prospective operation. Most Cited CasesCriteria guiding resolution of question of retroactivity or nonretroactivity of decisions expounding new constitutional rules affecting criminal trials implicate the purpose to be served by the new standard, the extent of the reliance by law enforcement authorities on the old standards, and the effect on the administration of justice of a retroactive application of the new standards.[4] Courts 106 100(1)106 Courts106II Establishment, Organization, and Procedure106II(H) Effect of Reversal or Overruling106k100 In General106k100(1) k. In general; retroactive or prospective operation. Most Cited CasesForemost factor to be considered in determining retroactivity or nonretroactivity of decisions expounding new constitutional rules affecting criminal trials is the purpose to be served by the new constitutional rule.[5] Searches and Seizures 349 23349 Searches and Seizures349I In General349k23 k. Fourth Amendment and reasonableness in general. Most Cited Cases(Formerly 349k7(1))Fourth Amendment prohibits only unreasonable searches and seizures. U.S.C.A.Const. Amend. 4.[6] Courts 106 100(1)106 Courts106II Establishment, Organization, and Procedure106II(H) Effect of Reversal or Overruling106k100 In General106k100(1) k. In general; retroactive or prospective operation. Most Cited CasesUnited States Supreme Court decision overruling cases holding that search and seizure of speech requires some trespass or actual penetration of a particular enclosure is not applicable to cases which were pending on direct review when decision was rendered and is to be applied only to cases in which the prosecution seeks to introduce the fruits of electronic surveillance conducted after December 18, 1967. U.S.C.A.Const. Amend. 4.[7] Courts 106 100(1)106 Courts106II Establishment, Organization, and Procedure106II(H) Effect of Reversal or Overruling106k100 In General106k100(1) k. In general; retroactive or prospective operation. Most Cited CasesSupreme Court decision overruling cases holding that search and seizure of speech requires some trespass or actual penetration of a particular enclosure was not applicable where eavesdropping by government agents who placed microphone inside their hotel room against door which opened to airspace on the other side of which was door opening into room occupied by defendants occurred before December 18, 1967. U.S.C.A.Const. Amend. 4.**1031*244 Abraham Glasser, New York City, for petitioners.Francis X. Beytagh, Jr., Cleveland, Ohio, for respondent.Mr. Justice STEWART delivered the opinion of the Court.[1] The petitioners were convicted by a jury in the District Court for the Southern District of New York of conspiring to import and conceal heroin in violation of the federal narcotics laws.FN1 An important part of the Government's*245evidence consisted of tape recordings of conversations among several of the petitioners in a New York City hotel room. The tapes were made by federal officers in the adjoining room by means of an electronic recording device which did not physically intrude into the petitioners' room. FN2 Because there was no ‘trespass' or ‘actual intrusion into a constitutionally protected *246area,’ the District Court and the Court of Appeals rejected the petitioners' argument that this evidence was inadmissible because the eavesdropping had violated their rights under the Fourth Amendment. The convictions were affirmed,FN3 and we granted certiorari to consider the constitutional questions thus presented.FN4FN1. 35 Stat. 614, as amended, 21 U.S.C. s 173 provides in pertinent part:‘It is unlawful to import or bring any narcotic drug into the United States or any territory under itsc ontrol or jurisdiction * * *.’21 U.S.C. s 174 provides in pertinent part:‘Whoever fraudulently or knowingly imports or brings any narcotic drug into the United States or any territory under its control or jurisdiction, contrary to law, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of any such narcotic drug after being imported or brought in, knowing the same to have been imported or brought into the United States contrary to law, or conspires to commit any of such acts in violation of the laws of the United States, shall be imprisoned not less than five or more than twenty years and, in addition, may be fined not more than $20,000.’FN2. The room occupied by the petitioners was separated from that of the agents by two doors witha small air space between them. According to the testimony of the federal agents—which wasproperly credited by both courts below after an exhaustive hearing that included an actual reconstruction of the equipment in the hotel room—the microphone was taped to the door on their side. The face of the microphone was turned toward the 3/8-inch space between the door and the sill, and a towel was placed over the microphone and along the bottom of the door in order to minimize interference from sounds in the agents' room. A cable was run from the microphone to an amplifier and tape recorder in the bathroom adjoining the agents' room.Petitioners contend that this installation was equivalent to a physical penetration of the petitioners' room because the airspace between the doors acted as a sound chamber, thereby facilitating the pickup of the conversations next door. We are unable, however, to distinguish this eavesdropping from that condoned in Goldman v. United States, 316 U.S. 129, 62 S.Ct. 993, 86 L.Ed. 1322, where the agents simply placed a sensitive receiver against the partition wall. Petitioners' reliance on Silverman v. United States, 365 U.S. 505, 81 S.Ct. 679, 5 L.Ed.2d 734, is misplaced. The heating duct system used as a sound conductor by the agents in that case was ‘an integral part of the premises occupied by the petitioners,’ 365 U.S., at 511, 81 S.Ct., at 682and the agents had topenetrate the petitioners' house with a ‘spike microphone’ before the heating duct could be thus employed.FN3.384 F.2d 889.FN4.390 U.S. 943, 88 S.Ct. 1030, 19 L.Ed.2d 1131.**1032[2] Last Term in Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576, we held that the reach of the Fourth Amendment ‘cannot turn upon the presence or absence of a physical intrusion into any given enclosure.’ Id., at 353, 88 S.Ct., at 512.Noting that the ‘Fourth Amendment protects people, not places,’ id., at 351, 88 S.Ct., at 511, we overruled cases holding that a search and seizure of speech requires some trespass or actual penetration of a particular enclosure. We concluded that since every electronic eavesdropping upon private conversations is a search or seizure, it can comply with constitutional standards only when authorized by a neutral magistrate upon a showing of probable cause and under precise limitations and appropriate safeguards. The eavesdropping in this case was not carried out pursuant to such a warrant, and the convictions must therefore be reversed if Katz is to be applied to electronic surveillance conducted before the date of that decision. We have concluded, however, that to the extent Katz departed from previous holdings of this Court, it should be given wholly prospective application. Accordingly, and because we find no merit in any of the petitioners' other challenges to their convictions, we affirm the judgment before us.FN5FN5.The only other issues which warrant mention relate to the Government's disclosure to the Court of Appeals of two instances of admittedly trespassory electronic surveillance affecting the petitioners. The Court of Appeals remanded the case to the District Court for a full evidentiary hearing on the subject matter of the disclosures. The first monitoring episode occurred during 1962—1963, when a device was installed in a Florida restaurant. The surveillance was directed at the owner of the restaurant rather than at any of the petitioners, but petitioner Dioguardi was overheard talking about the operations of the restaurant. The log sheets covering the entire period of surveillance were turned over to the District Judge for in camera inspection, and those relating to any conversations of Dioguardi were furnished to the defense. The second instance was an attempted bugging of a rented car used by petitioners Nebbia, Desist, and LeFranc in furtherance of the conspiracy. Again all records pertaining to this episode were turned over to the defense.District Judge Palmieri, after holding an extensive hearing at which the petitioners were granted unrestrained opportunity to introduce evidence and cross-examine witnesses, concluded that none of the ‘evidence used against (the petitioners) at the trial was tainted by any invasion of their constitutional rights.’ 277 F.Supp. 690, 700. Judge Palmieri found that the Dioguardi conversations overheard in 1962—1963 were totally unlated to the events of the conspiracy, which transpired over two years later. With regard to the second instance, he found that the device installed in the rented car ‘did not function and that nothing coherent was obtained.’ Id., at 692. The Court of Appeals held that these findings were supported by the evidence and that the petitioners were accorded all the procedural rights to which they were entitled. We agree. See Alderman v. United States, 394 U.S.165, 89 S.Ct. 961, 22 L.Ed.2d 176.*247 We are met at the outset with the petitioners' contention that Katz does not actually present a choice between prospective or retroactive application of new constitutional doctrine. The Court in that decision, it issaid, did not depart from any existing interpretation of the Constitution, but merely confirmed the previous demise of ob solete decisions enunciating the distinction between ‘trespassory’ searches and those in which there was no physical penetration of the protected premises. Goldman v. United States, 316 U.S. 129, 62 S.Ct. 993, 86 L.Ed. 1322;Olmstead v. United States, 277 U.S. 438, 48 S.Ct. 564, 72 L.Ed. 944.FN6 But this contention misconstrues our opinion in Katz. Our holding there that Goldman *248and Olmstead ‘can no longer be regarded as controlling,’ 389 U.S., at 353, 88 S.Ct., at 512, recognized that those decisions had not been **1033 overruled until that day.FN7 True, the principles they expressed had been modified. The belief that an oral conversation could not be the object of a ‘search’ or ‘seizure’ had not survived.FN8And in Silverman v. United States, 365 U.S. 505, 81 S.Ct. 679, 5 L.Ed.2d 734, we had cautioned that the scope of the Fourth Amendment could not be ascertained by resort to the ‘ancient niceties of tort or real property law.’ 365 U.S., at 511, 81 S.Ct., at 682. But the assumption persisted that electronic surveillance did not offend the Constitution unless there was an ‘actual intrusion into a constitutionally protected area.'FN9 While decisions before Katz may have reflected growing dissatisfaction with the traditional tests of the constitutional validity of electronic surveillance,FN10 the Court consistently reiterated those tests and declined invitations to abandon them. FN11 However clearly our holding in Katz may have been foreshadowed, it was a clear break with the past, and we are thus compelled to decide whether its application should be limited to the future.FN6. See also On Lee v. United States, 343 U.S. 747, 72 S.Ct. 967, 96 L.Ed. 1270.FN7. See also 389 U.S., at 362, 88 S.Ct. at 517 (Harlan, J., concurring); 389 U.S., at 367, 372, 88 S.Ct., at 519, 522 (Black, J., dissenting).FN8. See, e.g., Wong Sun v. United States, 371 U.S. 471, 485, 83 S.Ct. 407, 416, 9 L.Ed.2d 441;Lanza v. New York, 370 U.S. 139, 142, 82 S.Ct. 1218, 1220, 8 L.Ed.2d 384;Silverman v. United States, 365 U.S. 505, 81 S.Ct. 679, 5 L.Ed.2d 734;Irvine v. California, 347 U.S. 128, 74 S.Ct. 381,98 L.Ed. 561.FN9.Silverman v. United States, supra, 365 U.S., at 512, 81 S.Ct., at 683.FN10.In Katz, 389 U.S., at 353, 88 S.Ct., at 512,for example, we referred to our previous observation in Warden v. Hayden, 387 U.S. 294, 304, 87 S.Ct. 1642, 1648, 18 L.Ed.2d 782, that ‘(t)he premise that property interests control the right of the Government to search and seize has been discredited.’FN11. See Berger v. New York, 388 U.S. 41, 44, 50—53, 64, 87 S.Ct. 1873, 1876, 1879—1881, 1886, 18 L.Ed.2d 1040;Clinton v. Virginia, 377 U.S. 158, 84 S.Ct. 1186, 12 L.Ed.2d 213;Lopez v.United States, 373 U.S. 427, 437—439, 83 S.Ct. 1381, 1387—1388, 10 L.Ed.2d 462;Silverman v.United States, supra, 365 U.S., at 510—512, 81 S.Ct., at 682—683.[3] Ever since Linkletter v. Walker, 381 U.S. 618, 629, 85 S.Ct. 1731, 1737, 14 L.Ed.2d 601 established that ‘the Constitution neither prohibits nor requires retrospective effect’ for decisions expounding *249 new constitutional rules affecting criminal trials, the Court has viewed the retroactivity or nonretroactivity of such decisions as a function of three considerations. As we most recently summarized them in Stovall v. Denno, 388 U.S. 293, 297, 87 S.Ct. 1967, 1970, 18 L.Ed.2d 1199,‘The criteria guiding resolution of the question implicate (a) the purpose to be served by the new standards, (b) the extent of the reliance by law enforcement authorities on the old standards, and (c) the effect on the administration of justice of a retroactive applic ation of the new standards.’ FN12FN12. See also De Stefano v. Woods, 392 U.S. 631, 88 S.Ct. 2093, 20 L.Ed.2d 1308;Johnson v.New Jersey, 384 U.S. 719, 727, 86 S.Ct. 1772, 1777, 16 L.Ed.2d 882;Tehan v. United States ex rel.Shott, 382 U.S. 406, 413, 86 S.Ct. 459, 463, 15 L.Ed.2d 453;Linkletter v. Walker, 381 U.S. 618, 629,85 S.Ct. 1731, 1737, 14 L.Ed.2d 601.[4] Foremost among these factors is the purpose to be served by the new constitutional rule.FN13 This criterion strongly supports prospectivity for a decision amplifying the evidentiary exclusionary rule. Thus, it was principally the Court's assessment of the purpose of Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081,which led it in Linkletter to deny those finally convicted the benefit **1034of Mapp's extension of the exclusionary rule to the States:FN13.See Roberts v. Russell, 392 U.S. 293, 295, 88 S.Ct. 1921, 1922, 20 L.Ed.2d 1100;Witherspoon v. Illinois, 391 U.S. 510, 523, n. 22, 88 S.Ct. 1770, 1777, 20 L.Ed.2d 776.‘all of the cases * * * requiring the exlcusion of illegal evidence have been based on the necessity for an effective deterrent to illegal police action. * * * We cannot say that this purpose would be advanced by making the rule retrospective. The misconduct of the police * * * has already occurred and will not be corrected by releasing the prisoners involved.’ 381 U.S., at 636, 637, 85 S.Ct. at 1741.FN14FN14.In other areas where retroactivity has been denied the ‘purpose’ criterion offered much weaker support. Cf. Stovall v. Denno, 388 U.S. 293, 298, 87 S.Ct. 1967, 1970, 18 L.Ed.2d 1199, where it was conceded that ‘the Wade an d Gilbert rules also are aimed at avoiding unfairness at the trial by enhancing the reliability of the fact-finding process in the area of identification evidence’;Johnson v. New Jersey, 384 U.S. 719, 730, 86 S.Ct. 1772, 1779, 16 L.Ed.2d 882,where it was recognized that ‘Escobedo and Miranda guard against the possibility of unreliable statem ents in every instance of in-custody interrogation’; and Tehan v. United States ex rel. Shott, 382 U.S. 406, 414, 86 S.Ct. 459, 464, 15 L.Ed.2d 453,where it was stated that ‘the ‘purpose’ of the Griffin rule is to be found in the whole complex of values that the privilege against self-incrimination itself represents,' including ‘our realization that the privilege, while sometimes ‘a shelter to the guilty,’ is often ‘a protection to the innocent.“ Id., at 414—415, n. 12, 86 S.Ct., at 464.*250 We further observed that, in contrast with decisions which had been accorded retroactive effect,FN15‘there is no likelihood of unreliability or co ercion present in a search-and-seizure case’; the exclusionary rule is but a ‘procedural weapon that has no bearing on guilt,’ and ‘the fairness of the trial is not under attack.’ 381 U.S., at 638, 639, 85 S.Ct., at 1742. Following this reasoning of Linkletter, we recently held in Fuller v. Alaska, 393 U.S. 80, 89 S.Ct. 61, 21 L.Ed.2d 212, that the exclusionary rule of Lee v. Florida, 392 U.S. 378, 88 S.Ct. 2096, 20 L.Ed.2d 1166, should be accorded only prospective application. Analogizing Lee to Mapp, we concluded that evidence seized in violation of s 605 of the Federal Communications Act FN16was ‘no less relevant and reliable than that seized in violation of the Fourth Amendment,’ and that both decisions were merely ‘designed to enforce the federal law.’ 393 U.S. at 81, 89 S.Ct., at 62.FN15.Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908;Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799;Griffin v. Illinois, 351 U.S. 12, 76 S.Ct. 585, 100 L.Ed. 891.FN16. 48 Stat. 1103, 47 U.S.C. s 605.The second and third factors—reliance of law enforcement officials, and the burden on the administration of justice that would flow from a retroactive application—also militate in favor of applying Katz prospectively. Katz for the first time explicitly overruled the ‘physical penetration’ and ‘trespass' tests enunciated in earlier decisions of this Court. Our periodic restatements of those tests confirmed the interpretation that police and courts alike had placed on the controlling precedents and *251 fully justified reliance on their continuing validity. Nor had other courts theretofore held that the prohibitions of the Fourth Amendment encompassed ‘non-trespassory’ electronic surveillance. On the contrary, only a few months before the eavesdropping in this case, the Court of Appeals for the Second Circuit had upheld the introductionof electronic evidence obtained by the same narcotics agent with a virtually identical installation. United States v. Pardo-Bolland, 348 F.2d 316, cert. denied, 382 U.S. 944, 86 S.Ct. 388, 15 L.Ed.2d 353.Although there apparently have not been many federal convictions based on evidence gathered by warrantless electronic surveillance,FN17we have no cause to doubt that the number of state convictions**1035 obtained in reliance on pre-Katz decisions is substantial.FN18 Moreover, the determination of whether a particular instance of eavesdropping led to the introduction of tainted evidence at trial would in most cases be a difficult and time-consuming task, which, particularly when attempted long after the event, would impose a weighty burden on any court. Cf. Alderman v. United States, 394 U.S., at 180—185, 89 S.Ct., at 970—973. It is to be noted also that we have relied heavily on the factors of the extent of reliance and consequent burden on the administration of justice only when the purpose of the rule in question did not clearly favor either retroactivity or prospectivity. FN19 Because the deterrent purpose of Katz overwhelmingly supports nonretroactivity, we *252 would reach that result even if relatively few convictions would be set aside by its retroactive application.FN17.The Government has informed us in its brief that ‘(i)nstead of a wholesale release o f thousands of convicted felons, only a relatively small number would probably be affected (by a retroactive application of Katz), since electronic surveillance has played a part in a limited number of federal cases.’FN18.We noted in Berger v. New York, 388 U.S. 41, 48—49, 87 S.Ct. 1873, 1878—1879, 18 L.Ed.2d 1040, that only a handful of States have prohibited or regulated electronic surveillance by law enforcement officials.FN19. See De Stefano v. Woods, 392 U.S. 631, 88 S.Ct. 2093, 20 L.Ed.2d 1308;Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199;Johnson v. New Jersey, 384 U.S. 719, 86 S.Ct. 1772,16 L.Ed.2d 882. Cf. the cases cited in n. 13, supra.The petitioners argue that even if Katz is not given fully retrospective effect, at least it should govern those cases which, like the petitioners', were pending on direct review when Katz was decided. Petitioners point out that in Linkletter, the only other case involving the retroactivity of a Fourth Amendment decision,the Court held Mapp applicable to every case still pending on direct review on the date of that decision. A similar approach was adopted in Tehan v. United States ex rel. Shott, 382 U.S. 406, 86 S.Ct. 459, 15 L.Ed.2d 453, with respect to the prospectivity of Griffin v. California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106. In Johnson v. New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882, however, we abandoned the approach taken in Linkletter and Tehan and c oncluded that ‘there are no jurisprudential or constitutional obstacles' to the adoption of a different cut-off point. Id., at 733, 86 S.Ct., at 1781. We explained that‘(o)ur holdings in Linkletter and Tehan were necessarily limited to convictions which had become final by the time Mapp and Griffin were rendered. Decisions prior to Linkletter and Tehan had already established without discussion that Mapp and Griffin applied to cases still on direct appeal at the time they were announced.’ Id., at 732, 86 S.Ct., at 1780.FN20FN20. In Linkletter itself the Court noted that it dealt only with the narrow issue whether Mapp should be applied to final as well as nonfinal convictions:‘(Mapp) has also been applied to cases still pending on direct review at the time it was rendered.Therefore, in this case, we are concerned only with whether the exclusionary principle enunciated in Mapp applies to state court convictions which had become final before rendition of our opinion.’ 381 U.S., at 622, 85 S.Ct., at 1734. Mapp had already been applied in Ker v. California, 374 U.S. 23,83 S.Ct. 1623, 10 L.Ed.2d 726;Fahy v. Connecticut, 375 U.S. 85, 84 S.Ct. 229, 11 L.Ed.2d 171;Stoner v. California, 376 U.S. 483, 84 S.Ct. 889, 11 L.Ed.2d 856.Griffin had been applied in O'Connor v. Ohio, 382 U.S. 286, 86 S.Ct. 445, 15 L.Ed.2d 337, shortly before Tehan was decided.*253Here, on the other hand, as in Johnson, ‘the possibility of applying (Katz) only prospectively is yet an ope n issue.’ Ibid.All of the reasons for making Katz retroactive also undercut any distinction **1036between final convictions and those still pending on review. Both the deterrent purpose of the exclusionary rule and the reliance of law enforcement officers focus upon the time of the search, not any subsequent point in the prosecution, as the relevant date. Exclusion of electronic eavesdropping evidence seized before Katz would increase the burden on the administration of justice, would overturn convictions based on fair reliance upon pre-Katz decisions, and would not serve to deter similar searches and seizures in the future.[5] Nor can it sensibly be maintained that the Court is foreclosed by Linkletter in this case, as it was not in Johnson, simply because Katz, like Mapp, was a Fourth Amendment decision.FN21 In neither Linkletter nor Johnson was it intimated that the cut-off points there adopted depended in any degree on the constitutional provision involved. There is, moreover, a significant distinction between the Mapp and Katz decisions. Mapp dealt solely with the applicability of the exclusionary rule to the States; ‘the situation before Mapp * * * (was that) the States at least knew that they were constitutionally forbidden from engaging in unreasonable searches and seizures under Wolf v. Colorado, 338 U.S. 25, 69 S.Ct. 1359, 93 L.Ed. 1782 (1949).’ FN22 Before Katz on the other hand, ‘non-trespassory’ electronic survei llance was not thought to fall within the *254 reach of the Fourth Amendment.FN23Therefore, this case lacks whatever impetus the knowingly unconstitutional conduct by the States may have provided in Linkletter to apply Mapp to all pending prosecutions.FN21. Actually, Mapp was, of course, decided under the Fourth and Fourteenth Amendments, with one member of the five-man majority relying at least in part on the Fifth Amendment. 367 U.S., at 661—666, 81 S.Ct., at 1694—1698 (Black, J., concurring).FN22.Johnson v. New Jersey, 384 U.S. 719, 731, 86 S.Ct. 1772, 1780, 16 L.Ed.2d 882. And see Tehan v. United States ex rel. Shott, 382 U.S. 406, 417, 86 S.Ct. 459, 466, 15 L.Ed.2d 453.FN23. Indeed, since the Fourth Amendment prohibits only Unreasonable searches and seizures, it could be argued that there was, in fact, no Fourth Amendment viotion in the present case. The law enforcement officers could certainly be said to have been acting ‘reasonably’ in measuring their conduct by the relevant Fourth Amendment decisions of this Court. Cf. Katz v. United States, 389 U.S. 347, 356, 88 S.Ct. 507, 514, 19 L.Ed.2d 576;James v. United States, 366 U.S. 213, 221—222, 24581 S.Ct. 1052, 1056—1057, 1069, 6 L.Ed.2d 246.[6][7] In sum, we hold that Katz is to be applied only to cases in which the prosecution seeks to introduce the fruits of electronic surveillance conducted after December 18, 1967.FN24 Since the eavesdropping in this case occurred before **1037that date and was consistent with pre-Katz decisions of this Court, the convictions must be affirmed.FN24. The dissenting opinion of Mr. Justice FORTAS suggests that our holding today denies ‘the benefit of a fundamental constitutional provision, and not merely of court-made rules implementinga constitutional mandate.’ 394 U.S. 244, at 271, 89 S.Ct. 1048, at 1049. To the contrary, we simplydecline to extend the court-made exclusionary rule to cases in which its deterrent purpose would not be served. The exclusionary rule ‘has no bearing on guilt’ or ‘the fairness of the trial.’Linkletter v.Walker, 381 U.S., at 638, 639, 85 S.Ct., at 1742, 1743.Of course, Katz himself benefited from the new principle announced on that date, and, as our Brother DOUGLAS observes, to that extent the decision has not technically been given wholly prospective application. But, as we recently explained in Stovall v. Denno, 388 U.S. 293, 301, 87 S.Ct. 1967, 1972, 18 L.Ed.2d 1199, the fact that the parties involved in the decision are the only litigants so situated who receive the benefit of the new rule is ‘an unavoidable consequence of the necessity that constitutional adjudications not stand as mere dictum.’ Whatever inequity may arguably result from applying the new rule to those ‘chance beneficiaries' is ‘an insignificant cost for adherence to sound principles of decision-making.’ Ibid.Affirmed.Mr. Justice BLACK, while adhering to his dissent in Linkletter v. Walker, 381 U.S. 618, 640, 85 S.Ct. 1731, 1743, 14 L.Ed.2d 601 (1965), concurs in the affirmance of the judgment of convictions in this case for the reasons stated in his dissenting opinion in Katz v. United States, 389 U.S. 347, 364, 88 S.Ct. 507, 518, 19 L.Ed.2d 576 (1967).Mr. Justice MARSHALL took no part in the consideration or decision of this case.*255 Mr. Justice DOUGLAS, dissenting.。
万象中国礼之器中英文文本
万象中国礼之器中英文文本Chinese ceremonial vessels have a long and rich history that dates back thousands of years They serve as tangible representations of the cultural traditions and philosophical beliefs that have shaped the development of Chinese civilization over the centuries These vessels were not merely functional objects but were imbued with deep symbolic meaning and played a central role in the rituals and ceremonies that were integral to the social fabric of ancient Chinese societyThe origins of Chinese ceremonial vessels can be traced back to the Xia Dynasty which ruled over China from around 2100 to 1600 BCE During this early period the production of these vessels was closely tied to the rise of centralized political authority and the consolidation of power by the ruling elite As the Xia Dynasty gave way to the Shang Dynasty from 1600 to 1046 BCE the production of ceremonial vessels became even more sophisticated and elaborate reflecting the growing complexity of Chinese society and the increasing stratification of social classesUnder the Shang Dynasty the use of ceremonial vessels became closely associated with the practice of ancestor worship which was a fundamental aspect of Chinese religious and philosophical thought Vessels were used to make offerings to deceased ancestors and to commune with the spiritual realm Through the performance of these rituals the living were able to maintain a connection with their ancestors and to seek their blessings and guidance in the material world Vessels were also used in divination practices as a means of communicating with the divine and seeking insight into the futureAs the Zhou Dynasty rose to power from 1046 to 256 BCE the production and use of ceremonial vessels underwent further transformation The Zhou rulers placed a strong emphasis on the concept of the Mandate of Heaven which held that political authority was granted by the divine realm to those who governed justly and upheld the moral order of the universe Ceremonial vessels became a key symbol of this divine mandate and were used in elaborate court rituals that reinforced the legitimacy of the ruling dynastyDuring the Zhou period the design and decoration of ceremonial vessels also became increasingly complex and ornate reflecting the growing sophistication of Chinese artistic and metalworking techniques Vessels were often adorned with intricate patterns and motifs that drew upon a rich visual vocabulary of symbolic imagery such as dragons phoenixes and other mythical creatures Thesedesigns not only served an aesthetic purpose but also carried deep metaphorical significance relating to the cosmological beliefs and social hierarchies of ancient Chinese civilizationAs the Zhou Dynasty gave way to the Qin and Han Dynasties from 221 BCE to 220 CE the production of ceremonial vessels continued to evolve but remained closely tied to the political and religious institutions of the state Under the Qin and Han rulers the use of these vessels became even more formalized and ritualized as the imperial court sought to consolidate its power and legitimacy through the performance of elaborate court ceremoniesDespite the political upheavals and dynastic changes that shaped the course of Chinese history over the centuries the tradition of ceremonial vessel production has endured and continues to be an important aspect of Chinese cultural heritage Today these vessels are not only prized as works of art but also serve as tangible reminders of the deep-rooted traditions and beliefs that have shaped the development of Chinese civilization over the millennia They continue to be used in various cultural and religious ceremonies and rituals and are celebrated as symbols of the enduring spirit and creativity of the Chinese people。
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知道文章的标题、作者和出处，为什么检索不到文章？ （1）信息是否正确 （2）确认westlaw中是否收录， 数据库描述中提供了相关 信息 知道文章的引称为什么找不到文章？ （1）信息是否正确 （2）确认是否和westlaw中引称的格式是否一致，数据库 描述中提供信息 如何检索和某个主题相关的期刊论文 (1）ti(“legal positivism”) (2) atleast10(“legal positivism”) (3) “legal positivism”
四、检索方式之一----检索方式之一 Directory 目录检索方法
检索原理： Directory 主目录收录所有数据库 按照法域、类别、领域层级排列 Directory主目录提供了数据库查找的线索和路径 适用范围和对象： Westlaw中所有的文献和资料，包括制定法、案例、期刊文章、百 科全书等
布莱克法律词典，第八版， 布莱克法律词典，第八版， 2004年6月发行。 年 月发行 月发行。
43，000多个法律定义， 3000多个来自过去五个世纪以来的权威著作的引文， 5，300多个相类似的法律术语以及大篇幅的法律缩写词。 1，000多个与法律有关的缩写词和首字母缩写词； 价格： RMB 698.00 电子版或者纸质版 在westlaw中数据库的名称 BLACKS
中国特色社会主义法治体系白皮书中英文对照版本
The Socialist System of Laws with Chinese CharacteristicsInformation Office of the State CouncilThe People's Republic of ChinaOctober 2011, BeijingContentsForewordI. Establishment of the Socialist System of Laws with Chinese Characteristicsposition of the Socialist System of Laws with Chinese CharacteristicsIII.Features of the Socialist System of Laws with Chinese CharacteristicsIV.Improvement of the Socialist System of Laws with Chinese CharacteristicsConcluding RemarksForewordGoverning the country by law and building a socialist country under the rule of law is a fundamental principle for the Communist Party of China (CPC) to lead the people and effectively govern the country. We need to bring into being a socialist system of laws with Chinese characteristics so as to ensure there are laws to abide by for the carrying on of state affairs and social life; this is a precondition and foundation for us to implement the fundamental principle of the rule of law in all respects, and an institutional guarantee for China's development and progress. 依法治国，建设社会主义法治国家，是中国共产党领导人民治理国家的基本方略。
The Wisdom of China -Group 4
The Wisdom of China
Presented By Group 4
An Extract from The Wisdom of China, by Lin Yutang Jesus was followed by St. Paul, Socrates by Plato, Confucius by Mencius, and Laotse by Chuangtse. In all four cases, the first was the real teacher and either wrote no books or wrote very little, and the second began to develop the doctrines and wrote long and profound discourses.
Culture Jesus was followed by St. Paul, Socrates by Plato, Confucius by Mencius, and Laotse by Chuangtse.ቤተ መጻሕፍቲ ባይዱQ1: Did you look back to the first line? Q2: Who were the intended readers?
Cohesion Jesus was followed by St. Paul, Socrates by Plato, Confucius by Mencius, and Laotse by Chuangtse. In all four cases, the first was the real teacher and either wrote no books or wrote very little, and the second began to develop the doctrines and wrote long and profound discourses.
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万律 (WESTLAW CHINA)的特点 权威精准的英文翻译
提供全英文和中 英对照模式，确 保翻译内容严谨 并精确使用专业 用语
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• 每天分别在11:00, 13:00, 15:00, 18:00以及19:00共5个时点更新 • 每天3次以电子邮件形式向客户发送最新资讯，分别于13:00 (中
• 全面覆盖了最高人民法院、全国31个省、市、自治 区地方法院以及包括海事法庭在内的专门法院官方 公布的100,000多个判例。
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• 万律(Westlaw China)提供34个法律专题， 涵盖28,000个法律要点。独有的法律专题 分类体系精准、权威，以法律实务为指向， 对数据库内的法律法规和判例进行专业分 析和高度整合，使法律从业人士处理日常 实务时，能够便捷、快速地获取所需信息。 每个法律要点下均收录了法条援引, 裁判要 点, 相关文件，以及相关参考等内容。通过 万律(Westlaw China)，用户可以快速、方 便地获取大量精准信息，并迅速了解不熟 悉的法律领域。
需要阅读整个文件以寻找到相关词句
对法律要点摘要进行翻译，帮助英文阅读者 深入理解相关法律重点
没有对摘要的翻译
所有内容均有专业法律翻译人员完成
行业资讯内容丰富，覆盖面广泛，每日更新 频繁，具有很强的实时性，并对资讯进行提 炼总结
翻译质量不稳定
没有提炼总结，不方便专业人士用最少的
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• 第五版万律(Westlaw China)中文数据库新 增2个法律专题：证券法、物权法
• 第五版万律(Westlaw China)英文数据库新 增1个法律专题：契税
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万律 (WESTLAW CHINA) 的特点 最具实务性的专题设置
法律要点的层级帮助您了解相关 法律问题涉及的其他法律问题
法律要点整合 了该法律要点 项下相关的法 律法规和判例
Foundation Press
West Law School Publishing
产品和服务 万律(Westlaw China) 中国法律信息双语数据库是汤森路透 法律信息集团基于世界领先的Westlaw法律信息平台的技术 和经验，为中国和英语世界的中国法律执业人士提供的智能 化的中国法律研究解决方案
打印功能进行设置 • 清晰、易懂的操作界面，贴近客户使用习惯 • 同一窗口浏览，避免因“弹出窗口屏蔽”程序所造成的信息遗漏 • 强大的邮件发送、打印等功能，支持多种文件格式
24
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万律 (WESTLAW CHINA)的特点
内容全面
• 34个法律专题 （By Apr., 2009） • 400,000篇法律法规 • 100,000多个判例 • 28,000个法律要点
科学的分类
法律专题分类体系帮助法律从业人士 快速获取相关的法律法规和判例
权威的翻译
• 严谨准确的英文翻译
• 由具有多年校对法律文书的英美法 律专业人士对英文版本进行校对
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基于网络的法律名录、网站创立和管理服务，以及律所推广 解决方案 教科书、学习辅导、律考课程、继续教育资料和研讨会
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• Thomson Reuters 汤森路透 —— 全球最大规模的 信息公司
• 中国法律检索现状和问题 & 万律(Westlaw China) 的价值主张
万律时讯
• 对大量有价值的信息进行高度精确 的总结和摘要 • 提供最新的法律资讯 • 内容涵盖
-新法快递 -立法趋势 -政策指导 -审判参考 -时事信息
12
万律 (WESTLAW CHINA) 的特点 全面的法律法规和判例收集
• 涵盖了由中央政府机关、全国31个省、市、自治区 政府自1949年至今所颁布的超过400,000条法律法 规。
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内容摘要
• Thomson Reuters 汤森路透 —— 全球最大规模的 信息公司
• 中国法律检索现状和问题 & 万律(Westlaw China) 的价值主张
• 万律(Westlaw China)的主要特点 • 最新版万律(Westlaw China)英文数据库的新增功
能
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最新版万律 (WESTLAW CHINA)英文数据库 的新增功能
Key Number
System(钥匙码系统)
使法律检索更加省时
Key Number
高效
System(钥匙码系统)
使法律检索更加省时
高效
20
万律(Westlaw China)的特点 最智能的检索方式
点击链接直接定位 到相关内容
21
万律 (WESTLAW CHINA) VS. a)
能
2
内容摘要
• Thomson Reuters 汤森路透 —— 全球最大规模的 信息公司
• 中国法律检索现状和问题 & 万律(Westlaw China) 的价值主张
• 万律(Westlaw China)的主要特点 • 最新版万律(Westlaw China)英文数据库的新增功
能
3
汤森路透2019年总收入134亿美元
域和政府部门的专业人士提供智能的、贴近实际工作 的产品和专业的服务 • 有12,900名员工，业务遍及全球24个国家 • 2019年在中国正式设立办事处
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汤森路透法律信息集团 主要产品和服务
主要品牌
万律(Westlaw China)
Westlaw West Sweet & Maxwell (U.K. & Asia) Lawbook (Australia) Brookers (New Zealand) La Ley (Argentina) Carswell (Canada) FindLaw
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• 权威性、准确性 • 万律(Westlaw China)的法律文献由资深双语律师翻译，并由英美专业律师编辑、
校正 • 英文版内容涵盖近4,000篇重要的法律法规，10个法律专题以及从万律时讯中
精选的最具价值性的法律资讯 • 万律(Westlaw China)英文版相关内容仍在迅速实时扩充
万律 (WESTLAW CHINA)
Knowledge to Act
内容摘要
• Thomson Reuters 汤森路透 —— 全球最大规模的 信息公司
• 中国法律检索现状和问题 & 万律(Westlaw China) 的价值主张
• 万律(Westlaw China)的主要特点 • 最新版万律(Westlaw China)英文数据库的新增功
检索关键词，找到文件
每一个法律要点下都有相关法律、法规，有
关的案例摘要，相关文件，以及相关参考等
内容
有效链接到其它法律法规和案例，由于是按
照相同法律要点编辑归纳，确保文件完全相
关
精确链接到文件中相关的法律要点的内容
其他数据库
标题式总结，内容有限且太过宽泛，对实 务没有针对性和帮助
只能通过关键字链接，或用计算机语言计 算相关度
汤森路透业务分为两大领域：专业领域和市场领域
4
汤姆森路透在全球的运营
Region Americas Europe Asia
Population 27,621 12,018 12,322
% 54% 23% 23%
全球93个国家; 5万余名员工
5
汤森路透法律信息集团
• 全球最大的法律教科书和法律专著的出版商 • 为来自法律、税务、会计、知识产权、法规管理等领
法律专题帮助法律从业人士更好 地理解法律法规是如何被法院所 解释和应用的
9
内容摘要
• Thomson Reuters 汤森路透 —— 全球最大规模的 信息公司
• 中国法律检索现状和问题 & 万律(Westlaw China) 的价值主张
• 万律(Westlaw China)的主要特点 • 最新版万律(Westlaw China)英文数据库的新增功
点击订制 万律时讯 邮件服务
可通过在线阅览 方式直接阅读最
新的行业资讯
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万律(Westlaw China)的特点 最智能的检索方式
• 万律(Westlaw China)将与每个法律要点相关的法律法规、判 例进行编辑、整合，通过其独有的智能化“嵌入式链接”和Key Number System(钥匙码系统)技术，实现模糊查询，帮助客户快 速获取相关法律信息。
• 万律(Westlaw China)的主要特点 • 最新版万律(Westlaw China)英文数据库的新增功
能
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中国法律检索现状和问题 & 万律(Westlaw China) 的价值主张
• 市场定位：结合汤森路透的全球经验，成为中国法律信息检索领域的领导者
更新实时
急待解决的问题
大量和频繁的新法规颁布和修 订很难达到实时跟踪 服务较落后，没有随时更新
• 万律时讯栏目下新增万律快讯功能