Keywords: Crime of illegal operation of similar business; Equal protection of private property rights; Definition of subject scope; Senior management personnel
Abstract: With the continuous development of the private economy and the growing prominence of its social role, the amendments to the Criminal Law (Amendment XII) aimed at strengthening the equal and fair protection of property rights in private enterprises. Taking the crime of illegal business operations as an example, it emphasizes the differentiated and equal protection of property rights in private enterprises under criminal law. It clarifies the differences in the nature of offenses between state-owned enterprise directors, supervisors, and senior management personnel and those in private enterprises. The former is more focused on the attributes of public duty crimes, while the latter more prominently exhibits characteristics of breach of trust crimes. In judicial practice, based on the protection of business-related property rights, a substantive approach should be adopted to reasonably define the scope of “directors, supervisors, and senior management,” including the identification of de facto directors, shadow directors, and senior management. This not only adheres to the principle of restraint in criminal law but also upholds the principle of legality in criminal law.
Keywords: English passive sentences; human translation; machine translation; comparative study
Abstract: In recent years, with the continuous development of computer technology, machine translation has been more and more applied to English-Chinese translation, and its important role in the translation field has become increasingly prominent. However, due to the great differences in expression between Chinese and English, many problems have arisen in machine translation between English and Chinese. Previous related studies have only concluded that machine translation is not as good as human translation, but failed to specifically point out the problems that arise when translating certain types of English sentences using machine translation, making it difficult to provide specific improvement suggestions for machine translation. Therefore, this paper takes English passive sentences, a hot topic in the translation field, as a concrete example, compares the translations of human translation and machine translation respectively, explores the differences between them, and analyzes the reasons for the differences, aiming to sum up the problems that occur in machine translation of English passive sentences and putting forward concrete suggestions for improvement.
Keywords: Education for all; Ideological and political education in curriculum; Classroom teaching
Abstract: In the context of the new era, the concept of “all-round education” provides a systematic methodology for deepening ideological and political education in university courses. This article uses classroom teaching as a vehicle to explore how to address the challenge of separating ideological and political education from professional education through mechanisms that involve all personnel throughout the entire process and in every aspect. Theoretically, it elucidates the synergistic logic between “all-round education” and ideological and political education, emphasizing that classroom teaching should achieve a deep integration of knowledge transmission and value guidance through implicit ideological and political infiltration, dynamic value guidance, and a multi-dimensional evaluation system. Practically, it reveals the current challenges in ideological and political education, such as insufficient synergy, methodological shortcomings, and the lack of an evaluation system. It proposes strategies including “designing a three-dimensional linkage mechanism”, “upgrading teaching implementation methods”, and “building a quality assurance system”. These strategies include innovative approaches like cross-entity collaborative lesson planning, four-dimensional classroom integration, project-based learning, and digital technology empowerment. The study points out that the functional restructuring of classroom teaching is a critical breakthrough for implementing moral education, which requires dual drivers of institutional support and technological empowerment to promote the transformation of educational paradigms from “talent cultivation” to “personnel development”, providing practical solutions to the contemporary questions of “what kind of people to cultivate, how to cultivate them, and for whom they are cultivated”.
Abstract: The sentencing negotiation procedure under China’s leniency system for admission of guilt and acceptance of punishment (hereinafter referred to as plea leniency system) with its uniquely Chinese characteristics of “negotiation.” has been highly anticipated by both academia and judicial practitioners. However, in current judicial practice, this procedure still faces significant challenges, including procedural ambiguity that undermines genuine negotiation and the prosecution’s absolute dominance, which exacerbates the imbalance between the prosecution and the defense. For the sentencing negotiation procedure to establish a firm foundation amid these difficulties, it must strike a balance between key aspects in its development, ensuring that it fulfills legislative objectives while preserving its distinctive features. From a developmental perspective, the judicial spirit of the people’s justice system in the Soviet-Zone, the criminal policy of combining punishment with leniency, and the practical needs of sentencing negotiation align perfectly. Drawing inspiration from the legal traditions of the Soviet-Zone, the introduction of a public hearing mechanism and a substantive dialogue approach could help mitigate the imbalance between prosecution and defense and address the issue of formalized negotiations in the plea leniency system.