China Legal Science 已加入“北大法宝”法学期刊数据库，请登录www.pkulaw.com查看期刊全文。 “北大法宝”法学期刊库已收录261家期刊，其中核心期刊116家，非核心期刊57家，集刊79家，英文期刊9家。截止2021年12月31日“北大法宝”法学期刊库共收录了94838位作者的 270691 篇文章。 诚挚邀请更多法学期刊入驻“北大法宝”，广泛传播，服务社会，共塑品牌。

联系邮箱：journal@chinalawinfo.com。信息请点击“阅读原文”。

采购热线：010-82668266

China Legal Science2022年第1期要目

·ARTICLES·

学术专论

1.RESEARCH ON APPLICATION AND PERFECTION OF SHAREHOLDERS' PRE-EMPTIVE RIGHT SYSTEM IN LIMITED LIABILITY COMPANIES

有限责任公司股东优先购买权制度的适用与完善

Zhao Deyong 3

2.PROTECTION OF LABORERS' PERSONAL INFORMATION IN THE DIGITAL ECONOMY ERA

数字经济时代劳动者个人行为信息保护

He Xiaoshi 23

3.A UNIFIED THEORY OF PROCEDURAL CONSEQUENCES STEMMING FROM CRIMINAL PROCEDURAL DEFICIENCIES

刑事诉讼行为违法的程序性后果之统合理论

Yin Bo 49

4.RESEARCH ON THE MECHANISM OF SOCIAL ORGANIZATIONS PARTICIPATING IN THE RISK RESPONSE IN MAJOR PUBLIC EMERGENCIES

重大公共应急事件中社会组织参与风险应对的机制研究

Cheng Han & Lu Li 81

·COMMENTARIES·

法律评论

5.THE COMMERCIAL APPLICATION OF BLOCKCHAIN TECHNOLOGY AND ITS LEGAL REGULATION

区块链技术的商业应用及其法律规制

Tan Ji & Zhao Yang 115

6.TRUST, CONTRACT AND LAW: THE REGULATORY TOOLS OF BIDDING ROSCAS IN CHINA AND THEIR OPTIMIZATIONS

信任、契约与法律：民间标会的规制工具及其优化

Guo Dong 131

·LEGAL INFORMATION·

法学动态

7.THE BEIJING DECLARATION OF THE CHINA FORUM ON INTERNATIONAL LEGAL COOPERATION （2021）

中国法治国际论坛（2021）北京宣言

157

8.CHINA LEGAL SCIENCE IS OFFICIALLY LISTED IN THE CLSCI SOURCE JOURNAL CATALOGUE

China Legal Science正式列入CLSCI来源期刊目录

160

·ARTICLES·

1.RESEARCH ON APPLICATION AND PERFECTION OF SHAREHOLDERS' PRE-EMPTIVE RIGHT SYSTEM IN LIMITED LIABILITY COMPANIES

有限责任公司股东优先购买权制度的适用与完善

Author:Zhao Deyong(Professor at School of Law, Politics and Public Administration of Hebei Normal University)

Abstract:The shareholders’ pre- emptive right system in limited liability companies stipulated by the Company Law of China and other relevant judicial interpretations has large room for improvement concerning the subject of rights, the conditions of the exercise of rights, the time limit for the exercise of rights, and the consequences of the exercise of rights. Future revisions to the Company Law may limit the subject of rights to dissenting shareholders, that is, shareholders who have exercised consent rights no longer have the pre-emptive rights, and at the same time the companies and the persons designated by the companies may be included in the scope of the subject; the exercise conditions may be simplified as much as possible; the starting point of the time limit for exercising the rights may be dealt with according to specific situations and the specific length of the time period may also be categorized; the effect of the exercise may enforce the effectiveness of real rights in order to protect the interests of the holders of pre-emptive rights.

2.PROTECTION OF LABORERS' PERSONAL INFORMATION IN THE DIGITAL ECONOMY ERA

数字经济时代劳动者个人行为信息保护

Author:He Xiaoshi(Lecturer at East China University of Political Science and Law)

Abstract:The introduction of new technologies has created conditions for employers to implement large- scale monitoring. The monitoring of laborers and the collection of personal behavior information have broken through the boundaries of time and space and sneaked into the private space. The rights and freedoms of laborers have been violated. However, the traditional ‘informed consent’ protection framework is difficult to work in labor relations, and the autonomy of laborers is further restricted under the discipline of algorithms. Under the background that the protection of personal information has become a general consensus of the whole society, it is necessary to protect laborers, respect laborers’ right to know, follow the principles of transparency, purpose limitation and proportionality to process laborers’ personal behavior information, and at the same time strengthen the regulation of algorithms, and improve algorithmic supervision and governance systems, in order to find a balance between laborers’ information security and economic development.

3.A UNIFIED THEORY OF PROCEDURAL CONSEQUENCES STEMMING FROM CRIMINAL PROCEDURAL DEFICIENCIES

刑事诉讼行为违法的程序性后果之统合理论

Author:Yin Bo(Associate Professor at the College for Criminal Law Science of Beijing Normal University)

Abstract:A criminal procedure rule is structurally composed of a procedural direction and the procedural consequence of its breach. A procedural deficiency is the breach of a procedural direction. Clearly, weaknesses in procedural consequences for procedural deficiencies exist generally in criminal procedure rules. Civil juristic act theory cannot be mechanically transplanted to the criminal procedure. By means of taxonomy, this thesis is intended to arrive at a unified and scientific matrix of breaches of criminal procedure and their results. Criminal procedure rules can be divided into simply proclaimed rules and nullity-backed rules. Breaches of nullity-backed rules can be either absolutely or relatively null. The treatment of relatively null conducts is either nullification or regularization. There are three conventional routes to nullification: reversal of adjudicative conduct, exclusion of disposition- influencing conduct, and nullification of procedure-inducing conduct. Regularization consists of disposal and overlooking of deficiency. If substantive aspects of deficiencies are examined, mitigation of sentence and ending of proceedings shall also be regarded as two procedural consequences. When the conduct is invalid as one type of conduct, but is valid as another type of conduct, transmutation of invalid procedural conduct may occur.

4.RESEARCH ON THE MECHANISM OF SOCIAL ORGANIZATIONS PARTICIPATING IN THE RISK RESPONSE IN MAJOR PUBLIC EMERGENCIES

重大公共应急事件中社会组织参与风险应对的机制研究

Author:Cheng Han & Lu Li(Ph. D. Candidate at Southwestern University of Finance and Economics; Professor at Law School of Southwestern University of Finance and Economics)

Abstract:In response to the COVID-19 pandemic, many social organizations have attempted to prevent and control the pandemic. While such participation highlights the functional advantages of social organizations involved in major public risk governance, serious issues have arisen due to the incomplete and inadequate response capabilities of some social organizations. Therefore, through the historical analysis of those social organizations that have participated in the response to major public emergency events in China, this paper aims to determine the major obstacles of social organizations in participating in the risk response. It proposes more effective mechanisms to facilitate the collaboration of social organizations and the government in major public emergencies. Furthermore, this study uses qualitative comparative analysis to demonstrate how reputation incentives can overcome behavioral constraints and motivate more effective norms within social organizations. To this end, it explores and develops a cooperative path in responding to a social organization emergency to promote improved responses by social organizations in relation to major public emergency events.

·COMMENTARIES·

5.THE COMMERCIAL APPLICATION OF BLOCKCHAIN TECHNOLOGY AND ITS LEGAL REGULATION

区块链技术的商业应用及其法律规制

Author:Tan Ji & Zhao Yang(Lecturer at School of Artificial Intelligence and Law of Southwest University of Political Science & Law China; Ph. D. Candidate at School of Law of Chongqing University)

6.TRUST, CONTRACT AND LAW: THE REGULATORY TOOLS OF BIDDING ROSCAS IN CHINA AND THEIR OPTIMIZATIONS

信任、契约与法律：民间标会的规制工具及其优化

Author:Guo Dong(Post-Doctoral Research Fellow at Peking University Law School)

·LEGAL INFORMATION·

7.THE BEIJING DECLARATION OF THE CHINA FORUM ON INTERNATIONAL LEGAL COOPERATION （2021）

中国法治国际论坛（2021）北京宣言

8.CHINA LEGAL SCIENCE IS OFFICIALLY LISTED IN THE CLSCI SOURCE JOURNAL CATALOGUE

China Legal Science正式列入CLSCI来源期刊目录

China Legal Science是中央政法委主管、中国法学会主办、中国法学杂志社编辑出版的英文学术期刊。China Legal Science坚持面向世界研究阐释习近平法治思想和中国传统法治文化，面向全球展示中国法学研究成果和法治建设成就，促进中外法学学术交流，提升中国法学话语权和法治影响力。China Legal Science现为双月刊，设置了“习近平法治思想”“中国传统法治文化”“学术专论”“法律评论”“案例研究”等栏目，主要刊发用英文撰写的原创性文章。创刊以来，China Legal Science受到国内外学术界和出版界的广泛关注，已被Hein Online、LexisNexis、vLex Justis、中国知网、北大法宝等数据库收录。

-END-

责任编辑 | 吴珊

审核人员 | 张文硕

本文声明 | 本文章仅限学习交流使用，如遇侵权，我们会及时删除。本文章不代表北大法律信息网（北大法宝）和北京北大英华科技有限公司的法律意见或对相关法规/案件/事件等的解读。