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Scholars have inclined to take bi (analogy)in the period of Han,Wei and Jin dynasties for bifu (additional analogy).This paper,with the analysis of how bi was used as recorded in a large quantity of historical documentation,holds that bi was precedent rather than bifu and those edited precedents had legal binding force. 历来学者多认为汉魏晋时期的比是比附。本文对大量文献史料中的比的运用情况进行了分析 ,认为比不是比附而是在各方面有普遍约束力的成例 ,其中经过汇编的某些比是具有法律约束力的判例。 In Security Administration Punishment Act of the People's Republic of China, the rights of statement and defence are the litigant' s important rights, which are free for the litigant to choose whether to exercise or abstain. it thoroughly denies the actually existed attitude punishment . The legal binding force of "notification" is only confined to the procedural process, as has no legal binding force with regard to the punished litigant. The legal stipulation should be strictly complied with... In Security Administration Punishment Act of the People's Republic of China, the rights of statement and defence are the litigant' s important rights, which are free for the litigant to choose whether to exercise or abstain. it thoroughly denies the actually existed attitude punishment . The legal binding force of "notification" is only confined to the procedural process, as has no legal binding force with regard to the punished litigant. The legal stipulation should be strictly complied with to ensure the proper implementation of the hearing procedure. Security subpoena should be strictly carried out according to law. Peace mediation should be specific and the cross - examination right should not be applied universally. 治安管理处罚条例中,陈述权、辩解权是当事人的重要权力,其行使或放弃由当事人自由选择,它从根本上否定了实际存在的“态度罚”;“告知”的法律约束力只限于程序过程,对受处罚的当事人没有法律约束力;应严格按照法律规定保证听证程序的正确实施;应严格依法执行治安传唤;治安调解应用具有特定性;盘问权不具有应用的普遍性。 The new Contract Law has established three kinds of agent system. The inference right of the principle, the optional right of the third party in undisclosed system and the legal binding force to the principle in unnamed agent system all impose a challenge to arbitration clause in contract. At the same time, it produces conflicts between the contract law and traditional arbitration doctrines. 新合同法设立了三种代理制度 ,隐名代理中被代理人的介入权以及第三人的选择权 ,半隐名代理中规定的对被代理人的法定约束力 ,均对合同中仲裁条款的效力提出挑战。同时也使得合同法的规定与仲裁的理论产生了较大的冲突。
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