The joint liability stipulations in the decrees of all countries are aimed to ensure the interests of the creditors who are obliged to be paid back by affordable debtors 各国法律规定连带之债,其立法精神就是确保债权人的利益,使其能向最具偿付能力的债务人请求给付。
The legislation on dog raising regulation fail to display the spirit of animal welfare , a notion generally cherished in a civilized society , which is manifested in the form of the difference to the life right of dogs and the ignore of the dog protection and rescue 犬类管理不适应现代政府公共管理要求; 3犬类管理立法精神没有体现文明社会的动物福利观念,集中体现为漠视犬的生命权、忽视动物保护、轻视对犬的救助。
Therefore , how to act according to consummate the objective aspects of significant labor safety accident crime according to legislative spirit , and make clear about the scope of establishment of this crime , which has become a key link in cognizance of this kind of crime in the judicial practice 因此,如何根据立法精神,进一步完善重大劳动安全事故罪的客观构成要素,明确界定本罪之成立范围,已成为司法实践中正确认定此类犯罪的关键一环。
Punishment law is the very main component in legal science , it is the fundamental course with law mandatory major ; punishment law is research target with criminal law , in the meantime , of criminal law the research target that making basis , legislative spirit and applicable case also is criminal law 刑法学是法律科学中极为重要的组成部分,是法学专业必修的基础课程;刑法学以刑法为研究对象,同时,刑法的制定根据、立法精神及适用情况也是刑法的研究对象。
Fairness , impartiality and openness is the spirit of the securities law . however , in the current chinese security market , the illegal behaviors like insider trading , false presentment , manipulation of market and cheating client etc are in vogue , which is a big gap to the spirit of securities law 公正、公平、公开为证券法之精神,而在我国目前的证券市场中,内幕交易、操纵市场、虚假陈述、中介组织造假等违法行为横行,与证券法之立法精神相差甚远。
The defects mentioned above can cause some insufficiency existing in the responsibility investigation . the determining standard and the responsibility investigation are unscientific . it is mainly because in the legislation , the issue towards the discontinuance of crime of partial accomplice is not clear , and the survey about legislation reasons towrds the discontinuance of crime hasn ’ t been carried out thoroughly and carefully , thus it causes certain gap between the present determination for the discontinuance of crime of partial accomplice and the legislation spirits of responsibility investigation and the discontinuance of crime 认定标准的缺陷导致在责任追究上存在不足。认定标准以及责任追究的不科学,主要是因为立法上对部分共犯人犯罪中止这个问题规定不明确,没有对犯罪中止的立法理由进行深入审视,致使现行的对部分共犯人犯罪中止的认定及其责任追究与犯罪中止的立法精神之间存在一定的差距。
It is also an inevitable outcome from administering country by law to administering educational institutions by law , and then to administering educational litigation by law . thirdly , the author finds the legal basis from laws and rules in force that the educational rights is actionable ; and points out that to bring the educational - rights into the scope of administrative litigation accords with not only the spirit and objective of legislation , but also the principle the spirit and objective of legislation , but also the principle of expanding the scope of administrative litigation ; and then makes a concise exposition the educational rights is actionable 再者,从现有法律、法规规定中“咬文嚼字寻找出受教育权是可诉的法陇据,并指出将受教育权纳入行政诉讼受案范围,既符合行政诉讼法的立法精神和宗旨,也符合行政诉讼受案范围逐步扩大的原则,并接着对受教育权的可诉性进行了简要论证。最后,对椭行政诉讼案件类型进行归类,以进一步明确我国教育行政诉讼的受案范围。
Starting with the definition and character of kidnapping , based on the traditional theory of the composition of crime , and combined with examples of cases , this paper thoroughly expounds and analyzes some controversial views in the theory of criminal law , concerned with the composition of the aforementioned crime , i . e . requisite to object , range of object and subject , and subjective characters , etc . and thereby draws a conclusive point of view which is in correspondent with the legislative spirit 绑架犯罪历来是最严重且较为常见的犯罪现象之一。依传统的犯罪构成理论为平台,从绑架罪的概念和性质入手,结合实际案例,对刑法理论界构成本罪的客体要件、客观方面、主体范围和主观特征等分歧的观点,深入地进行阐述和评析,进而得出符合立法精神的结论性观点。
Then it discusses the calculating way : the rule of identifying the stock certificate ; the average purchase price and average sale price ; the first - in , first - out rule ; the highest - out , lowest - in rule . the highest - out , lowest - in rule can better embody the litigation spirits , so suggests to adopt the calculating way 接着介绍了短线交易的四种计算方法:股票编号法、平均成本法、先进先出法、最高卖价减最低买价法,并指出最高卖价减最低买价法,最能体现短线交易制度的立法精神,故宜采用此法。
Consumer credit code of australia provides references to the consumer credit legislation of our country in protecting of consumer benefits , improving consumer credit business , guaranteeing the consumer credit contract , as well as relationship among consumer credit business , consumption provider and consumer 我国消费信用立法还很薄弱,澳大利亚《消费信贷法案》中特别体现保障消费者利益的立法精神,有利于信用经营者生存和发展的特别安排、消费信贷合同的担保与保证。