In the article, the author proceeds from the premise that the dynamics of the modern world is reflected in constitutional regulation. At the same time, one of the modern trends in the development of constitutional legislation is the institutionalization of society. The author has shown that the system of universal values, their balance, is the constitutional basis for both a manageable future and for the sustainable development of society and the state. Challenges and threats pose global challenges that States often cannot adequately solve — it requires the consolidation of forces and capabilities not only of the states themselves, but of forces within the state: individual and collective subjects of civil society, the implementation of constitutionally established goals and objectives.

The article shows that in the context of attempts by Russian society to overcome the crisis, the main role is assigned to the state. The state, adopting the method of carrying out transformations «from above», set the task of reviving national values, strengthening the unity of the entire society in the space of the state, activating economic growth based on widespread innovation, increasing the role of national culture and national spirit.

The author justifiably shows that the form of goal-setting of the state’s activities for the implementation of state-building tasks is a guideline for achieving national interests as an integral installation in terms of importance and range of realized values, reflecting the deep strategic interests of the majority of society. At the same time, the mission of the state itself acts as an indicator of the degree of realization of national interests.

The author has shown that the defining role for the proper qualification of the interests of the state as the basic concept of this study is played by the concept of «public interest» as opposed to other groups of interests that can be summarized in the concept of «private interests».

Promoting the Communist Party of China’s leadership into the law is an inevitable requirement for the CPC’s comprehensive leadership in governing the country according to law in the new era, and it is also a legislative action to implement the CPC’s Leadership clause of the Constitution. On the issue of the standard of «the party’s leadership into the law», the academic circles have successively put forward two representative viewpoints: «theory in the field of public law» and «theory of political standard». But both are too formal to be applied in practice. For example, although the political judgment standard theory initially involves the substantive content level, the actual understanding and application still seem relatively broad, and there is no substantive content to grasp.

In 2018, the amendments to China’s constitution added a clause that «the leadership of the Communist Party of China is the most essential feature of socialism with Chinese characteristics», which fundamentally established the criterion of «socialist attributes»: a substantive criterion of «promoting CPC’s leadership into the law». According to this provision, if the law needs to confirm the leadership of the Communist Party of China , it means the law should highlight its socialist nature. The question of which national legislation needs to specify the «leadership of the Party» is essentially the issue of which national legislation needs to highlight the socialist nature in the substance and must ensure its socialist attribute.

Therefore, to judge whether a national legislation should state «the leadership of the Communist Party of China», the substantive content should be based on whether the country’s legislation has outstanding socialist attributes and should absolutely guarantee and give special prominence to its socialist values. In this constitutional sense, state legislation stipulating «the leadership of the Communist Party of China» is to highlight its «socialist» attributes; In order to manifest and guarantee its socialist character, state legislation must clearly stipulate the principle of «Adhere to the leadership of the CPC». The Constitution is the fundamental law and supreme law of the country, and the highest standard and basis for national legislation. Therefore, national legislation should also be based on the Constitution when stipulating the «leadership of the Communist Party of China» clause. That is, national legislation with prominent socialist attributes should comprehensively stipulate «upholding the leadership of the Communist Party of China». The basic scope of these legislation involves the fields of basic system of state and government, national defense and military, national security, cadre personnel, education, ideological security, governing the country according to law, anti-monopoly, etc., and mainly belongs to public law. The legislative field with socialist attributes is a practical and opening field. With the in-depth development of socialist practice, when the socialist nature in some fields is gradually highlighted and clearly recognized by legislators, its corresponding legislation will clearly stipulate the principle of «upholding the leadership of the Communist Party of China», which further confirm and guarantee its «socialist attribute» at the national legislative level. Therefore, the issue of the field and scope of «the Party’s leadership into the law» is fundamentally a dynamic issue, a dynamic field that has always been constantly evolving in the face of the development of socialist practice.

To promote the Party’s leadership into the law, the fundamental purpose should be conducive to strengthening the leadership of the Communist Party of China, and comprehensively consider the coordination and convergence between the national laws and the Communist Party of China’s regulations under the socialist rule of law system. The newly revised National Constitution in 2018 has established a legislative expression model that confirmed the leadership of the Communist Party of China in principle and abstractly. The normative content of how the Chinese Communist Party exercises its leadership is specified in detail by the Communist Party of China Constitution. The Communist Party regulations are the main basis rules for the party to manage the party and govern the party, and have outstanding functions of governing the party and controlling power. They are most suitable for comprehensively standardizing and directly stipulating the specific content and procedures of the leadership of the Chinese Communist Party over the country. In this way, the national laws and the Communist Party of China regulations can be harmony and unified in the socialist system of rule of law as a whole. Accordingly, when relevant national legislation stipulates «the CPC’s leadership», it should also mainly implement the model established by the National Constitution and the Communist Party of China Constitution, which confirm the leadership of the Communist Party of China in principle and abstractly. So, there will leave the legislative blanks for the Communist Party of China regulations to stipulate the normative content such as its specific scope, matters, methods, procedures, responsibilities, and so on. This legislative white space is intentional from an overall perspective of the socialist rule of law system, and is a «rule of law interface» that must be reserved for the integration of the Communist Party of China regulations with national laws to further specific provisions on the actual content of «the CPC’s leadership».

As a result, the national legislation focuses on «abstract confirmation of the party’s leadership status», while the Communist Party of China regulations focus on directly regulating and restraining the party’s leadership activities in a comprehensive and concrete way. The national laws and the Communist Party of China regulations are closely coordinated and connected on the issue of promoting the CPC’s leadership into the law. At that time, there is a differentiated division of labor and dislocation and complementary relationship between the national laws and the Communist Party of China regulations. That will not only highlight the unity and scientific nature of the socialist rule of law system with Chinese characteristics but also conducive to accelerating the formation of a rule of law pattern in which national laws and the Communist Party of China regulations complement each other, promote each other, and guarantee each other. The leadership of the Chinese Communist Party over the country will be confirmed and guaranteed by party rules and state law, and will be more stable in the socialist rule of law system.

The Amendment to the Criminal Law (XI) has separately criminally punished the act of throwing objects from high-rise buildings, effectively safeguarding the safety of the people’s «overhead». In order to further accurately define the offense of throwing objects from high-rise buildings and better utilize the punishment, regulation, and prevention functions of criminal law, it is necessary to research and summarize trial experience, strengthen the normative interpretation of the legal interest protection and constituent elements of high-altitude throwing crimes, and investigate the relationship with other offenses. This will help to form judicial recognition rules that can be used for practical reference.

The Personal Information Protection Law of the People’s Republic of China (hereinafter referred to as Personal Information Law) has been officially implemented on November 1, 2021. The birth of this law embodies the idea of people-centered development and provides Chinese experience and solutions for the personal information protection problems faced by international society. This article focuses on the development of Chinese personal information law and explains the legislative purpose of Personal Information Law to further show seven highlights and two characteristics of it. Also, it puts emphasis on introducing Chinese procuratorial public interest litigation on personal information protection and points out the shortcomings of this existing system with a view to perfecting and developing the system value maximally.

Article 1232 of the Civil Code formally establishes the punitive damages system for environmental tort with a view to promoting the construction of ecological civilization and deterring ecological violations. In 2022, the Supreme People’s Court issued the Interpretation on the Application of Punitive Damages in the Trial of Ecological and Environmental Infringement Disputes to a certain extent, which solved the problems such as the subject of punitive damages claims and the amount of damages, but the system still has unclear attribution of punitive damages and unfair distribution of burden of proof in judicial practice. The litigation cost of punitive damages is too high, and the alternative payment measures of punitive damages are absent. In order to improve the judicial application of the punitive damages system for ecological and environmental torts, we should consider establishing a vertical compensation management system, reasonably allocate the burden of proof, establishing a unified system for reducing, postponing and exempting the costs of punitive damages lawsuits for environmental torts, and flexibly implementing alternative payment measures such as compensation for labor services.

The crime of illegal business operation stipulated in the Criminal Law of 1997 is one of the most typical pocket crimes in the Criminal Code. With the development of the economy and society, and the deepening of the social governance system, the problems regulated by the crime of illegal business operations is in a state of constant change, which makes this crime increasingly challenging in terms of judicial application. The article briefly introduces the legislative history of the crime of illegal business operation and discusses the limitation of this crime after the promulgation and implementation of the Criminal Law Amendment (XI), combining with 330 case samples collected, analyzing the phenomenon of expanding the application of this crime in judicial practice from three aspects based on the current stage, and exploring the path of reasonably limiting the underpinning provisions of this crime. The controversial issues in this crime have always been the focus of judicial practice, and how to solve the problem of expanding the application of the crime of illegal business is particularly important at present.

Stalking is a social phenomenon that is directly related to the violation of the fundamental constitutional rights of citizens of the Russian Federation, but for which, unfortunately, the legislation of the Russian Federation lacks a mechanism for legal regulation of counteraction at the state level. The article considers the problem of qualification of this act in connection with the lack of legal regulation of persecution in the Russian Federation. As part of the solution to this problem, the practice of introducing criminal liability for stalking in the modern world is analyzed and, accordingly, the need for criminalization of stalking in Russia is justified.

With the construction and development of a society ruled by law, the state pays more and more attention to the protection of human rights. Among them, the crime of abducting and trafficking in human beings stipulated in China’s criminal law has gradually attracted widespread attention from the society. While the state has cracked down on the crime of abducting and trafficking in human beings, the academic circles have aroused heated debate on whether it is necessary to amend the statutory penalty for the crime of buying abducted women and children.

In this regard, the discussion about «people are inferior to things» is also constantly fermenting between the mouthpiece of paper and pen. Starting from the legislative evolution and criminal constitution of the crime of buying abducted women and children, this paper discusses the problems of this crime in judicial practice based on the case data analysis of the crime of buying abducted human beings, and puts forward some suggestions on improving the statutory punishment and expanding the protected objects of this crime.

Virtual property in the sense of criminal law has the dispute between data attribute and property attribute, which leads to the differences in the criminal law protection path of virtual property. Virtual property has dual attributes of data and property, data attribute is its physical attribute, property attribute its essential attribute. According to the essential attribute of virtual property, virtual property should be protected as property, and the property protection path should be adopted. Virtual property is divided into physical virtual property, account virtual property and currency virtual property. Virtual property with management possibility, transfer possibility, relative non-replicability and property value should be protected as property.

Virtual property should be protected by classification, and the property protection path should be adopted for physical virtual property and currency virtual property with property value. The account type virtual property and the physical virtual property without property value should be protected as data.

To promote good corporate governance and to cope with the complex situation of rising internal corporate crime and increased risk of external sanctions, China has carried out corporate criminal compliance reform. Through a general review, it can be found that the criminal compliance reform work of enterprises has established a diversified criminal incentive model, a mechanism for linking execution and punishment with joint supervision, and different supervision and inspection standards. However, it has also encountered controversial problems. For example, the criminal incentive model lacks a reasonable basis and is insufficiently binding, the mechanism for linking the execution and punishment is insufficiently smooth and transparent, and the supervision and inspection standards are too ambiguous. In carrying out the reform of corporate criminal compliance, we should follow the logic of preventing corporate violations, giving full play to the concept of collaborative governance, and focusing on the compliance reform of the corporate business model and internal structure. In the future, we should localize the criminal incentive mechanism for corporate compliance, strengthen the mutual recognition of the results of case processing in compliance, and set up a dual standard for the formulation of compliance plans and acceptance inspections.

Anti-Organized Crime Law establishes the proof system of gang-related property. However, due to the abstraction of the proof system and the disagreement of the distribution of the burden of proof, the proof system has the risk of blurring the burden of gang-related property, and forms a tendency of confiscation that is unfavorable to the accused. The defunctionalization of the burden of proof is manifested as the defunctionalization of the main body, the content and the function of the burden of proof. In view of the problem, criminal presumption rules, inversion of burden of proof, transfer of burden of proof and other distribution schemes of burden of proof cannot solve the problem.

In accordance with Article 45 (3) of the Anti-organized Crime Law, the public prosecution should bear the burden of proof on gang-related property, moderately reduce the evidentiary requirements and proof standards of the prosecution’s allegations to ease the prosecution’s difficulty in proving, thus negate the vanity of the burden of proof. At the same time, the defendant bears the obligation to clarify the case of gang-related property, and participates in the identification of gang-related property, so as to realize the legitimacy identification of the nature of the gang-related property.

Modern global economic, environmental and social problems determine the search for their new solutions. Agriculture is one of the most important sectors of the economies of Russia and China. Currently, one can see the processes of transformation of the organization and implementation of agricultural activities. This article analyzes the legal support for the processes of technological, digital and «green» agricultural transformation and the transition to a model of environmentally-oriented agriculture, which allows simultaneously solving both environmental problems and ensuring one’s own food security and exporting agricultural products. The general trends in the development of agriculture at the present stage are outlined. Proposals have been formulated to improve the legal regulation of agricultural activities.

The article deals with some topical issues of the evolutionary development of legal norms on foreign investment in sectors of the economy that are strategically important for the state. It is noted that for 15 years since its formation, the legislation in this area has been intensively improved and in the process of its development, despite some point adjustments to ease administrative regulation, it is generally characterized by increased control of foreign participation in the strategic sectors of the Russian economy. At the same time, the number of areas of economic activity in which foreign investments are subject to state control, the circle of persons subject to restrictive measures for investing in strategic sectors of the economy, as well as the types of transactions of foreign investors subject to mandatory prior notification by state authorities have been increased. These trends are predetermined by the national priorities of the state at a certain stage, the need to ensure economic sovereignty and prevent threats to the country’s defense and (or) state security in the face of international political and economic instability.

Small island States are one of the main victims of climate change and, owing to their low sea level, are greatly threatened by sea-level rise and glacier melting as a result of climate change. At present, although the international community has reached a certain consensus on loss and damage due to climate change, the concept and nature of loss and damage due to climate change have not been clearly defined. Academics have different views on the determination of liability for damage caused by loss due to climate change.

The characteristics of damage caused by loss due to climate change and the proof of liability show that it should not be simply confused with «transboundary damage», and the responsibility and liability of the actors for the results of the damage should not be punitive liability, but should be defined as a liability that is different from traditional State responsibility and liability. Rather, it should be defined as a «special liability» distinct from traditional State responsibility and liability.

The practical dilemma in realizing liability for damages for losses caused by climate change lies in the fact that a series of climate change treaties, such as the United Nations Framework Convention on Climate Change, have not clarified the legal basis for compensation, the difficulty in identifying the subject of liability, the lack of a mandatory mechanism, and the insufficiency of the climate fund mechanism. The international community should clarify the legal basis for climate change-induced losses and damages, while utilizing other rules of international law, customary international law and the Climate Convention to complement each other.

In addition, the identification of the responsible parties should be clarified, mandatory mechanisms for the realization of liability should be increased, the sources of climate funds should be broadened, the distribution of climate funds in small island States should be improved, the main contributors and the amount of contributions should be clarified, and international cooperation in compensating for the losses and damages caused by climate change in small island States should be carried out in a concerted manner.

The problem of recycling the ever-increasing volume of electronic waste is relevant today for most countries of the world. The extremely high potential of this type of waste to cause environmental damage, forces governments to look for new ways and technologies for the collection, processing and disposal of electronic waste. Russia and China are states in which legislation regulating the handling of electronic waste has been developing rapidly in recent years. At the same time, the main problem in our country can be called the lack of necessary production facilities for the processing of obsolete equipment, as well as the lack of an effective system for collecting used electronic devices. In turn, in China, the recycling of electronic devices for the secondary use of their components is an entire industry, the regulation of which is fraught with certain difficulties.

In a world that is becoming increasingly digital, the rapid development of technologies for deep synthesis of artificial intelligence, on the one hand, has made life easier, and on the other hand, their misuse can lead to huge risks and significant harm. This can damage personal and property rights, such as portrait rights and the reputation of individuals and companies. It can also pose a huge threat to public order, national political stability and security. In this regard, the issue of securing deep synthesis services at the legislative level is of particular relevance.

With the rapid development of Internet technology and business model innovation, new network services such as the small program platform and cloud server in our country develop rapidly. However, there are many problems in the judicial practice of the platform that violates the «Notice-and-Takedown» obligation in the new network service. The correct understanding and flexible application of the «Notice-and-Takedown» rule is the necessary meaning of the new online service platform trading services in accordance with the Tort Liability Law of the People’s. In order to balance the interests between Internet service providers and right holders, the legal positioning of «Notice-and-Takedown» rule should be clearly defined in the application of law, so as to correctly apply it as an exemption clause.

At the same time, when Internet infringement cases occur, the «necessary measures» that Internet service providers should take should be properly determined according to the specific circumstances. Specifically, the application of the «Notice-and-Takedown» rule to the new network service can be solved by clarifying the disclaimer attribute of the «Notice-and-Takedown» rule, taking the «transfer notice» as an implementable necessary measure and requiring the new network service provider to disclose the information of specific developers when necessary.

The article examines the issues of reproductive technologies, both at the national and international level; positive and negative aspects of activities in this area. Various limitations in the field under consideration (for example, the choice of gender), factors affecting the quality, level of health and life expectancy of a person are considered. The possibility of reconfiguration of traditional kinship positions in the course of biotechnologically mediated childbearing is noted. From the authors’ point of view, possible solutions are proposed, including legislative ones that can transform the situation under consideration in a positive way.

Social demand for graduates with the ability to create a product in a foreign language and participate immediately in activities in a foreign language can be partially satisfied by the usage of immersive learning methods in the paradigm of higher education. Augmented Reality (AR) and Virtual Reality (VR) are popular immersive reality technologies that can be used within such methods. There are reasons to believe that thanks to their advantages immersive methods can become mainstream in the numerous global educational trends. In the article, the author analyzes the functions of augmented and virtual reality technologies in teaching a foreign language, and refers to the existing experience of using such technologies in Russia and China.