Economics, Law and Policy
type: channel
description: Economics, Law and Policy (ELP) is an international open-access journal published by Scholink. The journal is published in both print and online versions. In order to give all researchers equal opportunity to share their ideas, ELP adopts double-blind peer-review. ELP focuses on scholarly research and practical experience of a wide range of research areas within the general field which covers, but is not limited to the following areas: Economic Theory Economic Philosophy Economic Development Law and Economics Legal History and Theory Civil Law International Law Comparative Law Public Law Technology Law Public and Social Policy Education Policy Environmental Policy Monetary Policy Language Policy EU Policy Science and Innovation Policy Foreign Policy --------------------------------------------------------------------------- We welcome scholars and researchers engaged in the related fields to submit their manuscripts to GRHE. Both of online submission and E-mail submission (elp@scholink.org) are acceptable. Open access: Economics, Law and Policy is available online to the reader "without financial, legal, or technical barriers other than those inseparable from gaining access to the internet itself". Peer review: Economics, Law and Policy takes peer review policy. Peer review is the evaluation of work by one or more people of similar competence to the producers of the work (peers). <img src="[binary]" alt="" width="350" height="459" />
publisher: SCHOLINK INC.
language: en-US
publication name: Economics, Law and Policy
issn: 2576-2060
copyright: Authors who publish with this journal must agree to the following terms: Copyrights for articles published in our are retained by the authors. Authors should promise that their works are entirely original, and all the references in their works should be appropriately cited or quoted. The works have not been published previously. The behavior of submitting the same work to other journals is unacceptable. The journal editor has the right to edit the format of works.
items: Research on the Overseas Development of New Energy Vehicles – ESG Three-Dimensional Analysis Based on Indonesia
items: Analysis of the Guiding Opinions on the Application of the Justifiable Defense System According to Law
items: On the Protection of Citizens’ Rights in Maritime Law Enforcement
items: Research on the Rule of Law Construction of the Operating Mechanism of China’s Energy Market Access System Under the “Dual Carbon” Goal
items: On the Definition of the Behavior of Replacing QR Codes
items: Research on the Application of the Collective Discussion System for Administrative Officials in Maritime Administrative Penalties
items: Study on Loss of Necessary Benefit in Administrative Compensation
items: Qualitative Research on Double Fraud of Guaranteed Loans
items: The Iran–United States Claims Tribunal: Revisiting Indirect Expropriation in International Investment Law
items: The Development Dilemma and Institutional Breakthrough of Fair Use of Copyright in the Network Environment
items: Research on the Civil Law Protection of Private Information
items: Research on the Current Situation and Countermeasures of International Commercial Arbitration in China
items: Analysis of the Review Criteria for Obviously Improper Administrative Acts
items: The Response of the Codification of the Eco-Environmental Code to the “Mainstreaming of Biodiversity” Objective in the GBF
items: The Gaza Conflict, from an International Law Perspective Failure of Humanitarian Law and Restructuring of Global Governance
items: A Study on the Legal Implementation Mechanism for the “Separation of Three Rights” of Rural Homesteads in China
items: An Empirical Analysis of the Crime of “Drunk” Dangerous Driving—Taking the Plateau Area as an Example
items: Research on the Judicial Determination Standards for Illegal Administrative Compulsory Demolition Procedures
items: Research on the Legalization Path for Constructing a Unified Carbon Market in Chengdu-Chongqing under the “Dual Carbon” Goals
items: A Discussion on the Legal Regulation of the Circulation and Use of Public Data in China
items: Research on the Realistic Challenges and Implementation Paths of New Quality Productivity Driving High-Quality Development of the Ocean
items: Research on the Application of the “No Penalty for First Violation” System in the Field of Market Regulation
items: Legal Issues Concerning the Entity Responsible for Collecting Marine Area Usage Fees
items: Research on Consumer Rights Protection in Prepaid Consumption

Research on the Overseas Development of New Energy Vehicles – ESG Three-Dimensional Analysis Based on Indonesia
type: item
description: Driven by the global carbon neutrality goal and the concept of sustainable development, China’s new energy vehicle exports have grown rapidly, and Southeast Asia, especially Indonesia, has become a key strategic market. Based on the three-dimensional framework of ESG (environment, society, and governance), this paper systematically analyzes the regulatory compliance challenges and opportunities faced by Chinese new energy vehicle companies in the process of “going overseas” to Indonesia. Through literature research, case comparison, and field investigation, BYD and Toyota’s investment strategies in Indonesia are selected for in-depth comparison to reveal key influencing factors in localized production, market adaptation, and policy response. At the same time, from a legal perspective, Indonesia’s regulatory requirements in terms of labor employment, religious culture, social responsibility, and governance structure are sorted out in detail to provide compliance guidance for Chinese new energy vehicle companies. The study aims to provide policy recommendations for the overseas development of enterprises from a legal perspective, promote the internationalization of China’s new energy industry, and inject new impetus into China-Indonesia green cooperation.
creator: Ruixuan Wang
creator: Ruinan Ma
creator: Junjin Li
creator: Edward Soewanto
rights: Copyright (c) 2025 Ruixuan Wang, Ruinan Ma, Junjin Li, Edward Soewanto http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-06-10
publication date: 2025-06-10
volume: 8
number: 2
starting page: 1
doi: 10.22158/elp.v8n2p1

Analysis of the Guiding Opinions on the Application of the Justifiable Defense System According to Law
type: item
description: China’s Supreme People’s Court, the Supreme People’s Procuratorate and the Ministry of Public Security on September 3, 2020 jointly issued the “guidance on the application of legitimate self-defense system according to law” (hereinafter referred to as the “Guiding Opinions”), the “Guiding Opinions” of the social four sides in the handling of legitimate self-defense cases in the balance of the situation of each side of the word has played an effective role in determining the score to stop the dispute. However, while refining the conditions of self-defense, there are also problems such as incomplete regulation of the listed factors, and thus in the future, it is necessary to improve the Guidance Opinions, in order to make it more reasonable to serve the practice and the interests of the people.
creator: Shiting Su
creator: Huanting Chen
rights: Copyright (c) 2025 Shiting Su, Huanting Chen http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-06-13
publication date: 2025-06-13
volume: 8
number: 2
starting page: 37
doi: 10.22158/elp.v8n2p37

On the Protection of Citizens’ Rights in Maritime Law Enforcement
type: item
description: The purpose of this study is to examine the foundations of citizens’ rights, the current state of administrative litigation, and the sources of rights violations resulting from administrative actions during maritime law enforcement. It highlights important real-world issues and suggests ways to make improvements by drawing on pertinent national and international theories. In order to contribute to the growth of a more resilient rule-of-law society and government, the study aims to improve the protection of people’ rights in administrative reconsideration and litigation through legislative, enforcement, and judicial improvements.
creator: Chenghan Guan
creator: Chen Chen
creator: Shengnan Zhou
rights: Copyright (c) 2025 Chenghan Guan, Chen Chen, Shengnan Zhou http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-06-20
publication date: 2025-06-20
volume: 8
number: 2
starting page: 55
doi: 10.22158/elp.v8n2p55

Research on the Rule of Law Construction of the Operating Mechanism of China’s Energy Market Access System Under the “Dual Carbon” Goal
type: item
description: The energy market access system refers to the conditions that energy enterprises need to meet when entering the market. Under the “dual carbon” goals, China’s energy is gradually transitioning towards low-carbonization, and the promulgation of the Energy Law provides a basic guiding path for energy market access. However, at present, China’s energy market access system is confronted with problems such as insufficient legal support, unclear division of responsibilities, and unsmooth incentive mechanisms. To adapt to the requirements of the “dual carbon” goals, it is necessary to start from the perspective of the rule of law and build a modern energy market system that is unified, open, and orderly in competition. This requires us to clarify the guiding ideology and basic principles of the energy market access system, including promoting the low-carbon transformation and sustainable development of energy, ensuring the fairness and transparency of the market, and taking into account multiple dimensions such as energy security, energy efficiency, clean and low-carbon, and energy justice. By improving the market access process, strengthening market supervision, and standardizing market exit procedures, we can stimulate market vitality, promote technological innovation and industrial upgrading, and establish a more complete and efficient operation mechanism for the energy market access system, providing a solid legal guarantee for achieving the “dual carbon” goals, ensuring national energy security, and promoting the sustainable development of the economy and society.
creator: Xuefeng Yan
rights: Copyright (c) 2025 Xuefeng Yan http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-06-20
publication date: 2025-06-20
volume: 8
number: 2
starting page: 64
doi: 10.22158/elp.v8n2p64

On the Definition of the Behavior of Replacing QR Codes
type: item
description: In recent years, some criminals have obtained others’ property by replacing QR codes, which has sparked fierce debates on the nature of such acts. The controversy over defining the nature of these property-related cases mainly revolves around fraud and theft. Existing theories primarily include the general fraud theory, triangular fraud theory, new triangular fraud theory, indirect principal theory of theft, and ordinary theft theory. During the crime, the perpetrator conceals their existence, and neither customers nor merchants have direct contact with the perpetrator, making it impossible to generate disposal of the perpetrator. Therefore, the argument that replacing QR codes for property constitutes fraud lacks persuasiveness. In addition, customers scanning the wrong QR code to repay debts to merchants is not the direct act of theft by the perpetrator, and the perpetrator does not dominate customers. Thus, the view that the perpetrator is an indirect principal of theft cannot be established. However, it is precisely the perpetrator’s act of replacing the merchant’s QR code that replaces the merchant’s identity as a creditor, secretly intercepts the creditor’s rights and interests transferred by customers to the merchant, violates the wishes of both customers and merchants, and meets the constitutive requirements of theft. Therefore, it is more appropriate to characterize the act of replacing QR codes as theft.
creator: Xie Jiao
rights: Copyright (c) 2025 Xie Jiao http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-07-02
publication date: 2025-07-02
volume: 8
number: 2
starting page: 81
doi: 10.22158/elp.v8n2p81

Research on the Application of the Collective Discussion System for Administrative Officials in Maritime Administrative Penalties
type: item
description: The collective discussion and decision-making system of administrative heads in maritime administrative penalties combines internal democratic decision-making, power balance attributes, and special internal administrative procedural characteristics. The current system has the problem of unclear applicable standards, and normative documents at or above the provincial level have not elaborated on situations such as “complex circumstances” and “major violations”, resulting in excessive discretionary power of administrative agencies and significant differences in handling similar cases in practice. In this regard, the applicable situations can be refined from three dimensions: the clear procedural requirements focus on the amount threshold and rigid procedural requirements, the composite standard discretion type covers professional identification difficulties, legal application disputes, and evidence chain doubts, and the social impact assessment type focuses on the group effects and media attention caused by the case, in order to regulate maritime administrative penalties and ensure the rational use of marine resources.
creator: Feihan Sun
creator: Yu Tian
creator: Zhaobin Pei
creator: Muxue Yang
rights: Copyright (c) 2025 Feihan Sun, Yu Tian, Zhaobin Pei, Muxue Yang http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-07-10
publication date: 2025-07-10
volume: 8
number: 2
starting page: 91
doi: 10.22158/elp.v8n2p91

Study on Loss of Necessary Benefit in Administrative Compensation
type: item
description: On March 21, 2022, the Supreme People’s Court issued the Judicial Interpretation on Administrative Compensation, expanding the scope of direct losses under the State Compensation Law. This landmark development extends the definition of actual losses in administrative compensation litigation from direct damages to include lost expected benefits—a milestone in China’s administrative legal reform. For decades, theoretical and practical circles have debated the concept of “expected benefits” in administrative compensation. Through this judicial interpretation, we examine the current challenges in determining actual losses within China’s compensation framework, including inconsistent standards, diverse calculation methods, and complex procedures. By integrating the State Compensation Law with administrative regulations and judicial interpretations, this study clarifies the theoretical foundations and practical criteria for assessing actual losses, delineates the boundaries between direct and indirect losses, and incorporates property depreciation and lost expected benefits resulting from administrative actions into the compensation scope.
creator: Yu Tian
creator: Feihan Sun
rights: Copyright (c) 2025 Yu Tian, Feihan Sun http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-07-10
publication date: 2025-07-10
volume: 8
number: 2
starting page: 102
doi: 10.22158/elp.v8n2p102

Qualitative Research on Double Fraud of Guaranteed Loans
type: item
description: This article focuses on the dispute over the nature of double fraud in criminal law in cases of obtaining loans by defrauding true guarantees, systematically combs the differences between the theoretical and practical circles on the form of the number of crimes and the determination of charges, and reveals that the core of legal interest infringement in such cases is the damage to the property rights and interests of the guarantor rather than the loan losses of financial institutions. By demonstrating the key points that the establishment of the security right causes the property risk of the guarantor immediately and the bank does not suffer losses in the sense of criminal law due to the validity of the guarantee, the analysis path of combining subjective and objective analysis is put forward: When the actor has the purpose of illegal possession, although double fraud between the bank and the guarantor is involved in form, the credit risk of the bank is dispersed in advance due to the guarantee system, and the property rights and interests of the guarantor are actually infringed upon, the crime of contract fraud shall be dealt with separately; For acts lacking the purpose of illegal possession, as financial institutions are not substantially damaged and the risks fall within the normal commercial scope, criminal law regulations should be excluded. The study emphasizes that the evaluation of criminal law should be based on the nature of infringement of legal interests at the time of act, so as to avoid confusion between the determination of charges and the results of civil liquidation.
creator: Yao Mingyue
rights: Copyright (c) 2025 Yao Mingyue http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-07-13
publication date: 2025-07-13
volume: 8
number: 2
starting page: 114
doi: 10.22158/elp.v8n2p114

The Iran–United States Claims Tribunal: Revisiting Indirect Expropriation in International Investment Law
type: item
description: Indirect expropriation remains a contentious and challenging issue in both theory and practice. From the late 20th century into the 21st, the central conflict in international investment law lies between sovereignty and the protection of private property. The deepening of economic and trade globalization has given rise to a renewed form of “Calvoism,” placing foreign investors’ interests in host states under increasingly complex circumstances. The Iran-United States Claims Tribunal was the first case to spur international research on indirect expropriation. The debate over whether losses to foreign investors should be borne by governments or private parties established an efficient paradigm for resolution and offers instructive insights on attributing responsibility. However, the paradigm for addressing indirect expropriation remains largely monolithic. In the current era of faltering globalization, indirect expropriation requires fresh reassessment.
creator: Yanhui Han
creator: Yu Huang
rights: Copyright (c) 2025 Yanhui Han, Yu Huang http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-07-18
publication date: 2025-07-18
volume: 8
number: 2
starting page: 125
doi: 10.22158/elp.v8n2p125

The Development Dilemma and Institutional Breakthrough of Fair Use of Copyright in the Network Environment
type: item
description: As a core mechanism for balancing the exclusive rights of right holders and the public’s need to access knowledge, the fair use system of copyright is facing multiple challenges in the network environment. By analyzing the current status of the system, this study points out the predicaments it is conconfronted with, such as the limitations of the legislative model, the imbalance of interests between right holders and the public, and the ambiguity of the “reasonableness” judgment criteria. To respond to the new requirements of the internet era for interest balance, innovation incentives, and public expression space, it is necessary to improve the system from three aspects: innovation of the legislative model, reconstruction of value concepts, and refinement of judgment criteria. This aims to achieve a balance of interests among right holders, users, and the public, and promote the coordinated development of copyright protection and cultural communication in the network environment.
creator: Jie Jing
rights: Copyright (c) 2025 Jie Jing http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-08-07
publication date: 2025-08-07
volume: 8
number: 2
starting page: 137
doi: 10.22158/elp.v8n2p137

Research on the Civil Law Protection of Private Information
type: item
description: According to the China Annual Report on Personal Information Security, data breaches nationwide will increase by 23% year-on-year in 2024, and private information such as biometrics, health care, and financial transactions will become the main targets. In this context, Article 1034 of the Civil Code of the People’s Republic of China clarifies the legal attributes of private information, stipulates that the relevant provisions on privacy are applied to its protection, and the Personal Information Protection Law applies when there are no special provisions, which makes private information both “private” and “identifiable” as the intersection of privacy and personal information. Theoretically, there is a dispute over the boundary between private information and sensitive personal information, and the protection model also faces differences in the choice of unification and dualization. In this regard, we can learn from the German “field theory” and combine the principle of proportionality in our country’s Civil Code, refine the rules from the whole chain of collection, use and storage, set up special regulatory agencies, and empower public participation through education, technical tools, public interest litigation, etc., so as to improve the private information protection system and effectively safeguard the rights and interests of citizens.
creator: Jingwen Xu
rights: Copyright (c) 2025 Jingwen Xu http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-08-22
publication date: 2025-08-22
volume: 8
number: 2
starting page: 147
doi: 10.22158/elp.v8n2p147

Research on the Current Situation and Countermeasures of International Commercial Arbitration in China
type: item
description: This article aims to systematically analyze the current development status, existing problems and countermeasures of international commercial arbitration in China. China’s international commercial arbitration takes the Arbitration Law of the People’s Republic of China as its core legal framework, relies on international treaties such as the New York Convention to achieve cross-border enforcement, and gradually forms an international arbitration institution system. However, it still faces challenges such as the absence of a provisional arbitration system, insufficient internationalization of institutions, lagging rules for the application of digital technologies, a shortage of high-end foreign-related talents, and insufficient capacity to deal with new types of disputes. This article proposes that systematic measures should be taken, including establishing a dual-track legislative model of interim arbitration and institutional arbitration in parallel, expanding the openness of the arbitration system, optimizing the structure of arbitrators and multilingual service capabilities, clarifying the procedural boundaries and ethical rules of artificial intelligence applications, strengthening foreign-related arbitration and the training of legal talents in countries along the “Belt and Road”, and exploring special arbitration rules for new types of disputes such as ESG To comprehensively enhance the international competitiveness and credibility of China’s international commercial arbitration, and provide support for building a new highland of arbitration in the Asia-Pacific region and serving high-level opening up to the outside world.
creator: Songqi Liu
rights: Copyright (c) 2025 Songqi Liu http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-09-19
publication date: 2025-09-19
volume: 8
number: 2
starting page: 162
doi: 10.22158/elp.v8n2p162

Analysis of the Review Criteria for Obviously Improper Administrative Acts
type: item
description: Due to the expansion of the power of administrative organs, their discretionary power has also increased. This phenomenon has led to frequent abuse of power by administrative organs and unfair handling of cases, and the frequency of such situations is still rising, showing a trend of getting worse and worse. This not only seriously infringes on the legitimate rights and interests of the administrative counterparts, but also greatly undermines the credibility of administrative organs, bringing extremely adverse effects to the entire administrative management system. “Manifestly improper” as a means in judicial review, its core goal is to ensure that the administrative acts of administrative organs are both reasonable and legal. The current Administrative Litigation Law together with its judicial interpretations have not provided a clear definition of what constitutes an “manifestly improper” administrative act. This article aims to establish a set of scientific and reasonable judicial review standards to accurately identify and effectively regulate.
creator: Zhenyang Ren
rights: Copyright (c) 2025 Zhenyang Ren http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-09-28
publication date: 2025-09-28
volume: 8
number: 2
starting page: 172
doi: 10.22158/elp.v8n2p172

The Response of the Codification of the Eco-Environmental Code to the “Mainstreaming of Biodiversity” Objective in the GBF
type: item
description: The subsequent international negotiations of the Convention on Biological Diversity and the Kunming-Montreal Global Biodiversity Framework are approaching. China’s ecological civilization construction is advancing vigorously, and the draft of the Ecological Environment Code has been formulated for public consultation. Against the backdrop of these critical historical milestones, both domestic and international processes resonate with the priority area of “biodiversity mainstreaming” outlined in the National Biodiversity Strategy and Action Plan (2023-2030). The content of this priority area mainly involves two major directions: establishing a legal and regulatory system related to biodiversity, and drafting regulations on access and benefit-sharing of biological genetic resources. To meet the localized objective of “biodiversity mainstreaming,” the Ecological Environment Code, which is philosophically grounded in “harmonious coexistence between humans and nature,” must also respond to issues related to this priority area. This includes formulating rules on benefit-sharing of digital sequence information on genetic resources and establishing a “biodiversity credit market mechanism.” Such measures will not only promote the integrated development of ecological civilization construction and biodiversity conservation in China but also help shape the international discourse on China’s concept of “ecological civilization.”
creator: Xilai Li
rights: Copyright (c) 2025 Xilai Li http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-10-02
publication date: 2025-10-02
volume: 8
number: 2
starting page: 178
doi: 10.22158/elp.v8n2p178

The Gaza Conflict, from an International Law Perspective Failure of Humanitarian Law and Restructuring of Global Governance
type: item
description: The 2023-2025 Gaza conflict, which killed more than 35,000 people, has exposed the systemic failure of the contemporary international humanitarian law system. This article uses the Geneva Conventions and their additional protocols as an analytical framework, combined with the implementation dilemma of UN Security Council resolution 2728 (2024), Revealing the persistent violations of the principles of proportionality and distinction by the belligerents, especially the Israel Defense Forces-including indiscriminate attacks on medical facilities, journalists and civilian settlements. The study was conducted through three dimensions: first, deconstructing the legal roots of the international community’s “failure of collective action”, with a focus on the legal disputes over U.S. arms supplies and EU economic sanctions; Secondly, assess the effectiveness of China’s “Two-state Solution” reconstruction initiative, Russia’s “Humanitarian Corridor” program and the Arab League’s mediation action; Finally, a new mechanism of “preventive judicial intervention” was proposed, suggesting the strengthening of the pre-forensic rights of the International Criminal Court (ICC) and the establishment of a United Nations standing conflict verification force. This paper particularly demonstrates the extended application of the definition of war crimes in Article 8 of the Rome Statute, providing an operational legal toolkit for future conflict prevention.
creator: Yixiao Pei
rights: Copyright (c) 2025 Yixiao Pei http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-10-08
publication date: 2025-10-08
volume: 8
number: 2
starting page: 194
doi: 10.22158/elp.v8n2p194

A Study on the Legal Implementation Mechanism for the “Separation of Three Rights” of Rural Homesteads in China
type: item
description: Thanks to China’s rurally focused reforms, “Three Rights Division” on rural homesteads came by – dividing collective ownership, household qualification and flexible use rights – an important policy meant to tackle inefficient problems within the rural system and make economic value come out of the land. This reform is about invigorate the sleeping rural assets, raise up the farmers’ property income and make the rural-urban integration possible. But the fact is that its success is seriously limited because there is an incomplete and unclear legal environment. This paper makes a critical review on the legal realization mechanism for this reform. It starts from explaining the theoretical and practical significance of separated ownership, qualification, and use rights to build a concept foundation for the following analysis. Then, it probes into the current legal landscape of land expropriation and acquisition and determines some prominent problems like vague property right conceptions, excessive constraints on market circulation, non-unified or ineffective registration systems, and unscientific valuation and dispute settlement. In view of the results from all the national pilot programs, the paper synthesizes practices and lessons. According to this exhaustive analysis and puts forth a systematic legal implementation mechanism: Key recommendations are to improve existing laws on the content and boundaries of each right, to develop an integrated and unified national registration and certification system, which provides legal certainty for such exchange transactions, to develop a hierarchical and regulated secondary market for the transfer of use rights (e.g., the stock and option exchanges), as well as an open and transparent system for valuing assets and distributing profits. The paper holds that to build a strong legal architectural system is not just a technical must do, it’s also a primary pre requisite to guarantee the reform success, protect farmers’ interests and…
creator: Jinqiu Geng
rights: Copyright (c) 2025 Jinqiu Geng http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-10-16
publication date: 2025-10-16
volume: 8
number: 2
starting page: 206
doi: 10.22158/elp.v8n2p206

An Empirical Analysis of the Crime of “Drunk” Dangerous Driving—Taking the Plateau Area as an Example
type: item
description: In May 2011, the “Criminal Law Amendment (VIII)” incorporated drunk driving into the scope of criminal law regulation. After “drunk driving into the penalty”, it has played a great deterrent role in recent years. However, with the containment of “drunk driving” and “drunk driving”, the judicial cost of our country has also increased. The inclusion of drunken dangerous driving crime into the penalty system makes the grass-roots courts spend a lot of judicial resources to deal with such cases every year. In this paper, the cases published in the judgment document network during the ten-year period from 2015 to 2024 in the plateau area are sorted out and summarized. Based on objective empirical analysis, the effectiveness, characteristics and existing problems of “drunk driving into punishment” after the implementation of drunken dangerous driving crime in the plateau area are studied. Finally, according to the analysis and research results, corresponding suggestions are put forward.
creator: Chenhui Wang
rights: Copyright (c) 2025 Chenhui Wang http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-10-18
publication date: 2025-10-18
volume: 8
number: 2
starting page: 214
doi: 10.22158/elp.v8n2p214

Research on the Judicial Determination Standards for Illegal Administrative Compulsory Demolition Procedures
type: item
description: In the current process of urban and rural governance, the issue of procedural legality has become the core point of contention in judicial review of disputes over forced demolition, and the damage to rights caused by procedural violations has become a prominent problem in administrative law enforcement governance. Starting from the practice of adjudication, this paper explores the specific judgment paths for the legality review of the administrative compulsory demolition procedure, focusing on the issue of how to establish judicial determination standards for the illegality of the administrative compulsory demolition procedure. By applying the method of normative analysis and case comparison, extract the consensus-based judgment rules in judicial determination. Research has found that judicial authorities are gradually forming operational standards for determination, including standards for strengthening the review of procedural evidence and reversing the burden of proof, standards for distinguishing formal defects from substantive violations, as well as empirical review standards for compensation for procedural violations based on elements such as illegality, damage, and causal relationship. Distill the judicial judgment logic scattered in the reasoning of the judgment into clear judicial determination standards, promote the transformation of administrative law enforcement from procedural awareness to procedural responsibility, and thereby achieve the standardization, verifiability and traceability of responsibility of the administrative forced demolition procedure.
creator: Futeng Qiu
creator: Yu Chen
rights: Copyright (c) 2025 Futeng Qiu, Yu Chen http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-11-07
publication date: 2025-11-07
volume: 8
number: 2
starting page: 222
doi: 10.22158/elp.v8n2p222

Research on the Legalization Path for Constructing a Unified Carbon Market in Chengdu-Chongqing under the “Dual Carbon” Goals
type: item
description: With the increasing severity of global climate change, countries worldwide are proposing carbon emission reduction targets to promote green and low-carbon development. As one of the world's largest carbon emitters, China has also put forward the “Dual Carbon” goals, namely carbon peak and carbon neutrality. Carbon emissions trading, as an important emission reduction tool, is gaining attention from governments. To achieve the “Dual Carbon” goals, constructing a unified carbon market is essential. The Chengdu-Chongqing economic circle, a significant economic hub in Southwest China, possesses unique geographical and resource advantages. The integrated development of its carbon emissions trading is of great importance for advancing the national carbon market. This paper focuses on the legalization path for constructing a unified carbon market in Chengdu-Chongqing under the “Dual Carbon” goals, aiming to promote sustainable development in the Chengdu-Chongqing economic circle, achieve the “Dual Carbon” goals, and provide a legalization path reference for integrated carbon emissions trading in other regions of China.
creator: Jiaqi Zhou
rights: Copyright (c) 2025 Jiaqi Zhou http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-11-07
publication date: 2025-11-07
volume: 8
number: 2
starting page: 235
doi: 10.22158/elp.v8n2p235

A Discussion on the Legal Regulation of the Circulation and Use of Public Data in China
type: item
description: As a core element of the digital economy, public data possesses public, property, and security attributes. Its circulation and utilization not only concern economic development but also involve national governance and social equity. By analyzing the legal attributes of public data and examining the current status and issues in China’s authorized operation of public data and the opening of government data, this study identifies shortcomings such as unclear ownership, lack of profit distribution mechanisms, prominent security risks, and imperfect legal systems. It proposes that China should establish a legal regulatory framework centered on “ownership confirmation—classification—authorization—distribution—responsibility—security” and build a unified ownership system, a classified and hierarchical management system, a market-oriented authorization and operation mechanism, and a full-chain supervision system. The research concludes that improving the legal regulation of public data circulation and utilization is not only a crucial step in advancing the construction of the data factor market and the implementation of the digital China strategy, but also an inevitable choice to enhance national governance capabilities and the competitiveness of the digital economy.
creator: Xiangying Lin
creator: Weiyang Xu
rights: Copyright (c) 2025 Xiangying Lin, Weiyang Xu http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-11-13
publication date: 2025-11-13
volume: 8
number: 2
starting page: 246
doi: 10.22158/elp.v8n2p246

Research on the Realistic Challenges and Implementation Paths of New Quality Productivity Driving High-Quality Development of the Ocean
type: item
description: To build a maritime power, pursue the sea and pursue the dream of Dark Blue, it is necessary to accelerate the construction of new marine productivity, which is an important strategic starting point to promote high-quality development and realize Chinese path to modernization. The marine new quality productivity is the internal requirement for promoting the sustainable development of the ocean, and is also the strategic choice to achieve Chinese path to modernization. This paper analyzes the realistic dilemma of the current high-quality development of the ocean, and proposes the realization path of the new quality productivity to promote the high-quality development of the ocean, in order to speed up the pace of building a maritime power.
creator: Xue Ting
creator: Zhang Wenjia
rights: Copyright (c) 2025 Xue Ting, Zhang Wenjia http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-11-28
publication date: 2025-11-28
volume: 8
number: 2
starting page: 260
doi: 10.22158/elp.v8n2p260

Research on the Application of the “No Penalty for First Violation” System in the Field of Market Regulation
type: item
description: As an important measure to practice the concept of inclusive and prudent supervision in the field of market regulation, the “no penalty for first violation” system is of great significance for optimizing the business environment and improving law enforcement efficiency. However, the system still faces numerous challenges in its specific application, which restrict the full play of its effectiveness. By adopting normative analysis and case analysis methods, this paper sorts out the normative system for the application of the “no penalty for first violation” system in market regulation, analyzes relevant cases from China Judgments Online, and focuses on exploring how to establish a standardized path for the application of this system in the field. The research finds that the application of the “no penalty for first violation” system in market regulation has such problems as differentiated application standards, rigid application of the “no penalty for first violation” list, and the absence of a supervision mechanism for administrative discretion. In response to the above issues, targeted legal suggestions are put forward, including clarifying the applicable elements of the “no penalty for first violation” system, establishing an escape mechanism for the system, and constructing an administrative discretion supervision mechanism. It is hoped that this research can provide theoretical reference for promoting the standardized and precise application of the “no penalty for first violation” system in market regulation and realizing the unification of legal effects and social effects.
creator: Yaping Zhang
creator: Yu Chen
rights: Copyright (c) 2025 Yaping Zhang, Yu Chen http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-12-09
publication date: 2025-12-09
volume: 8
number: 2
starting page: 272
doi: 10.22158/elp.v8n2p272

Legal Issues Concerning the Entity Responsible for Collecting Marine Area Usage Fees
type: item
description: The legal positioning and delineation of responsibilities for the entity collecting marine area usage fees are central to safeguarding national marine resource revenues. Following the implementation of Document No. 19 of the Ministry of Finance [2021], the collection and management duties for marine area usage fees were transferred to tax authorities. However, three major legal issues persist: the separation of collection authority from the right to apply for court-enforced execution; a disconnect in the legal standing between regulatory norms and policy documents; and inconsistent adjudication standards in judicial review. Through analysis of typical cases and legislative empirical evidence, this study proposes three key countermeasures: establishing a “unified authority + collaborative empowerment” mechanism; improving the “legislative revision + policy coordination” system; and creating a “unified rules + judicial coordination + grassroots enforcement + legal oversight” safeguard mechanism. These measures provide a legal basis for refining the collection entity system.
creator: Zhaobin Pei
creator: Han Wang
rights: Copyright (c) 2025 Zhaobin Pei, Han Wang http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-12-13
publication date: 2025-12-13
volume: 8
number: 2
starting page: 286
doi: 10.22158/elp.v8n2p286

Research on Consumer Rights Protection in Prepaid Consumption
type: item
description: Prepaid consumption is widely adopted in industries such as catering, fitness, and beauty services. While offering convenience, it places consumers at a disadvantage due to information asymmetry, making their rights to fund security, autonomous choice, and informed consent vulnerable to infringement. This paper focuses on consumer rights protection in prepaid consumption, drawing on domestic and international theoretical insights and practical experience to propose three recommendations: First, refine the relevant legal framework by clarifying the legal status of prepaid consumption contracts and strengthening the consumer rights protection system; Second, establish a comprehensive regulatory mechanism covering market entry systems, model contract templates, fund security safeguards, and credit-based oversight. Third, optimize redress channels by expanding the scope of burden of proof reversal and refining punitive damages systems. These measures aim to foster a fairer, more transparent, and secure consumer environment, effectively safeguarding legitimate consumer rights.
creator: Bing Liu
rights: Copyright (c) 2025 Bing Liu http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2025-12-13
publication date: 2025-12-13
volume: 8
number: 2
starting page: 301
doi: 10.22158/elp.v8n2p301