Review of Law Sciences最新文献

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SOME ISSUES OF REFUSAL OR TERMINATION OF THE CASE IN CONNECTION WITH RECONCILIATION AND ACTUAL REPENTANCE FOR WHAT THEY DID 一些拒绝或终止案件的问题与和解和对他们所做的事情的实际忏悔有关
Review of Law Sciences Pub Date : 2023-03-24 DOI: 10.51788/tsul.rols.2023.7.1./fvjz2343
J. Ataniyazov
{"title":"SOME ISSUES OF REFUSAL OR TERMINATION OF THE CASE IN CONNECTION WITH RECONCILIATION AND ACTUAL REPENTANCE FOR WHAT THEY DID","authors":"J. Ataniyazov","doi":"10.51788/tsul.rols.2023.7.1./fvjz2343","DOIUrl":"https://doi.org/10.51788/tsul.rols.2023.7.1./fvjz2343","url":null,"abstract":"This article examines the procedural problems associated with reconciliation and the release of persons from responsibility in connection with actual repentance for their actions, as well as the refusal or termination of proceedings in a case that is its procedural order, and aspects of the legal regulation of these issues. The article analyzes, from the point of view of legislation and practice, the material and procedural bases of exemption from this responsibility provided for by criminal and criminal procedural law, scientific considerations and recommendations for overcoming existing problematic and conflict situations are developed. Emphasis is also paid to problematic situations encountered in the substantive and procedural norms related to the refusal and termination of proceedings in a conciliation case, which examines the exclusion of war crimes from the list of conciliation crimes and their legal aspects. The study used such methods as analysis, synthesis, induction, deduction, and comparative legal analysis. In the course of the study, advanced foreign experience, scientific and theoretical views, and investigative and judicial practice were studied, as a result of which proposals and recommendations were developed for making appropriate amendments and additions to the Criminal Procedural Code of the Republic of Uzbekistan and other legislative and subordinate acts.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132057083","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
CIVIL LEGAL ANALYSIS OF THE ORGANIZATIONAL AND LEGAL FORM OF COLLECTIVE MANAGEMENT OF PROPERTY RIGHTS IN COPYRIGHT 著作权产权集体管理的组织形式和法律形式的民法分析
Review of Law Sciences Pub Date : 2023-03-24 DOI: 10.51788/tsul.rols.2023.7.1./kxtr9100
I. Yakubova
{"title":"CIVIL LEGAL ANALYSIS OF THE ORGANIZATIONAL AND LEGAL FORM OF COLLECTIVE MANAGEMENT OF PROPERTY RIGHTS IN COPYRIGHT","authors":"I. Yakubova","doi":"10.51788/tsul.rols.2023.7.1./kxtr9100","DOIUrl":"https://doi.org/10.51788/tsul.rols.2023.7.1./kxtr9100","url":null,"abstract":"Since a collective rights management organization is formed directly by right holders and acts within the framework of powers received from them under the contract, it can be said that the activities of such an organization are membership-based. In this case, we say that the association of entities to form a legal entity for the protection of copyright is expressed in the management of these rights on a collective basis. Membership of rights holders in the organization is one of the important elements characterizing collective management organization. These reforms are related to issues such as ensuring the rights and legal interests of authors, putting an end to the unauthorized use of copyrighted works, fair payment of copyrights and strengthening accountability measures for copyright violations. In addition, a large number of cases of unauthorized use of author’s works and non-fair payment of copyright to authors indicate the growing need to develop the institution of collective management of author’s property rights. In our country, there are a number of issues that are waiting for their solution, and the regulation of copyright-legal relations, in particular, collective management of copyrights in its protection, and the research of the processes related to the copyright contract are urgent tasks. In addition, the article focuses on some current problems related to the improvement of this institution, international standards of copyright protection and comparative legal analysis of national legislation, as well as the opinions of scientists from Uzbekistan and other countries. Proposals and recommendations of scientific and practical importance for the development of copyright were put forward.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130466709","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
ANALYSIS OF PARTY AUTONOMY IN THE APPLICATION OF LAW IN ARBITRATION AGREEMENTS 论仲裁协议法律适用中的当事人自治
Review of Law Sciences Pub Date : 2023-03-24 DOI: 10.51788/tsul.rols.2023.7.1./gcyc7009
Gulsanam Khatamjonova
{"title":"ANALYSIS OF PARTY AUTONOMY IN THE APPLICATION OF LAW IN ARBITRATION AGREEMENTS","authors":"Gulsanam Khatamjonova","doi":"10.51788/tsul.rols.2023.7.1./gcyc7009","DOIUrl":"https://doi.org/10.51788/tsul.rols.2023.7.1./gcyc7009","url":null,"abstract":"The principle of party autonomy gives the parties the right to act in accordance with their interests. Under this principle, the parties may enter into an arbitration agreement that will allow them to resolve their disputes through arbitration rather than through the national judicial system. The Arbitration Agreements is the only document for initiating arbitration proceedings. In this case, the wishes of the parties may prevail over the national judicial system. The scientific study examined the application of the principle of party autonomy in the drafting of arbitration agreements. The article analyzes the use of this principle by the parties in the preparation of contracts. The issue of the wishes of the parties was discussed as the only basis for the development of arbitration agreements. The legal definitions and features of an arbitration agreement are analyzed based on the laws of many countries. The main function of agreements is to allow the parties to choose the applicable law for their disputes, so the process of choosing the applicable law is discussed. Ways of solving problems are presented when the choice of applicable law is not indicated in the contracts.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121205248","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
THE INSTITUTE OF DECENTRALIZATION OF PUBLIC ADMINISTRATION: A POLITICAL AND LEGAL ANALYSIS 公共行政权力下放研究所:政治和法律分析
Review of Law Sciences Pub Date : 2023-03-24 DOI: 10.51788/tsul.rols.2023.7.1./jayk4245
Sukhrob Alimuxamedov
{"title":"THE INSTITUTE OF DECENTRALIZATION OF PUBLIC ADMINISTRATION: A POLITICAL AND LEGAL ANALYSIS","authors":"Sukhrob Alimuxamedov","doi":"10.51788/tsul.rols.2023.7.1./jayk4245","DOIUrl":"https://doi.org/10.51788/tsul.rols.2023.7.1./jayk4245","url":null,"abstract":"The article deals with questions regarding the concept, essence and importance of the institution of decentralization in the system of public administration, as well as its role in improving the efficiency of local public authorities. An analysis of the modern state policy of the Republic of Uzbekistan in the system of public administration and the priorities for their implementation is given. The institution of decentralization is analyzed from the point of view of the legal and political categories. Correlations of decentralization and democracy are given as indivisible legal categories. The economic and social factors that affect the effectiveness of the decentralization of the public administration system are revealed. An analysis of the principles of decentralization of the public administration system, the prerequisites and reasons for the transfer of powers to local government bodies, as well as under what conditions it can be carried out, the problems of balancing decentralization and centralization in the public administration system. In conclusion, modern problems are also analyzed in the construction of the public administration system in the Republic of Uzbekistan.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129367022","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
ISSUES OF REALIZATION OF THE RIGHT TO INFORMATION OF A SHAREHOLDER OF A LIMITED LIABILITY COMPANY 有限责任公司股东知情权的实现问题
Review of Law Sciences Pub Date : 2023-03-24 DOI: 10.51788/tsul.rols.2023.7.1./kdjf5664
M. Saidov
{"title":"ISSUES OF REALIZATION OF THE RIGHT TO INFORMATION OF A SHAREHOLDER OF A LIMITED LIABILITY COMPANY","authors":"M. Saidov","doi":"10.51788/tsul.rols.2023.7.1./kdjf5664","DOIUrl":"https://doi.org/10.51788/tsul.rols.2023.7.1./kdjf5664","url":null,"abstract":"The possibility of obtaining information about the functioning of the company is a priority right of the shareholder, due to its legal status. By making a material contribution, a shareholder of the company acquires the right to receive information about various areas of the economic and legal life of the company. The right to information provides the shareholder with the opportunity to exercise control over the company, and may also imply unfair actions, namely, to benefit himself or to dispose of the information received in order to harm the company. This article reveals the essence of the shareholder’s right to receive information from the company and familiarize himself with its documents, the procedure for its implementation, the processes for providing information, the significance of this right as a fundamental non-property right, the conditions for exercising the right, ways to protect the right and the effectiveness of protection methods are considered in detail. Also, after comparing the legislation of different countries on the right of the shareholder to receive information and the possibility of its implementation, the limits of this right, and proposals were made to further expand the right of the shareholders to receive information by improving the norms of national legislation. In order to provide a mechanism for the effective implementation of the shareholder’s right to information, it is proposed to use modern information technologies. In addition, after analyzing the existing problems of protecting the shareholder’s right to information in court, opinions were expressed regarding the unification of judicial practice on these issues.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129809586","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
CLASSIFICATION OF GROUNDS FOR TERMINATING A CRIMINAL CASE 终止刑事案件理由的分类
Review of Law Sciences Pub Date : 2022-10-10 DOI: 10.51788/tsul.rols.2022.6.3./eoya2665
Sunnat Maxmudov
{"title":"CLASSIFICATION OF GROUNDS FOR TERMINATING A CRIMINAL CASE","authors":"Sunnat Maxmudov","doi":"10.51788/tsul.rols.2022.6.3./eoya2665","DOIUrl":"https://doi.org/10.51788/tsul.rols.2022.6.3./eoya2665","url":null,"abstract":"At the stage of implementation of the judicial and legal reform, on the basis of the norms of criminal and criminal procedure legislation, the concept of the institution of termination of a criminal case, its specificity, and procedural significance was formulated. The article explores the scope of this institution on the basis of the views put forward by scientists regarding the institution of termination of a criminal case. Based on the views and ideas put forward by scientists, the concept of termination of a criminal case has been analyzed through scientific, theoretical, practical, and legislative norms. At the same time, the article analyzes the role and significance of the termination of a criminal case in the criminal process, its specificity, and some problems that arise in criminal procedural legislation and judicial as well as investigative practice. The article gives the author’s definition of the termination of a criminal case through a comparative analysis of the opinions of scientists on the termination of a criminal case, consideration on the basis of our legislation of the concepts contained in the definitions given by them. Based on the results of the analysis, relevant conclusions, proposals, and recommendations have been made regarding the concept of the institution of termination of a criminal case in criminal proceedings, its specificity, and its significance in criminal and criminal procedure legislation.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"34-35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114916121","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
MITIGATING FACTORS AND CRIMINAL defences IN CRIMINAL LEGISLATION OF THE SLOVAK REPUBLIC (COMPARATIVE ANALYSIS) 斯洛伐克共和国刑事立法中的减刑因素与刑事辩护(比较分析)
Review of Law Sciences Pub Date : 2022-10-10 DOI: 10.51788/tsul.rols.2022.6.3./typz6098
Bunyod Islomov
{"title":"MITIGATING FACTORS AND CRIMINAL defences IN CRIMINAL LEGISLATION OF THE SLOVAK REPUBLIC (COMPARATIVE ANALYSIS)","authors":"Bunyod Islomov","doi":"10.51788/tsul.rols.2022.6.3./typz6098","DOIUrl":"https://doi.org/10.51788/tsul.rols.2022.6.3./typz6098","url":null,"abstract":"This paper provides a comparative analysis of the criminal legislation of the Slovak Republic in the area of consideration of the mitigating factors and criminal defences. Existing research provides an overall exploration of mitigation of sentence institution in accordance with the existing edition of the Criminal Code of the Slovak Republic, announced on 20 May 2005 and entered into force on 1 January 2006 and the Criminal Code of the Republic of Uzbekistan, enacted on 22 September 1994 and entered into force from 1 April 1995, including the issues on determining the punishment for the criminal offences committed in a state of mental disorder as well as insanity and diminished sanity, for uncomplete offences and the criminal complicity, including criminal defences, institutions on the voluntary refusal from the commission of an offence. Pursuant to the results of the conducted comparative analysis, similar and different sides of existing criminal laws have been clarified, and decisions on the concluded analysis and final conclusion on the implementation of Slovak Republic’s criminal law norms to the criminal law of the Republic of Uzbekistan have been provided.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123870945","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
CONSTITUTIONAL AND LEGAL BASIS OF RELATIONS BETWEEN THE SECULAR STATE AND RELIGION: FOREIGN AND UZBEKISTAN EXPERIENCE 世俗国家与宗教关系的宪法和法律基础:外国和乌兹别克斯坦的经验
Review of Law Sciences Pub Date : 2022-10-10 DOI: 10.51788/tsul.rols.2022.6.3./woas9818
Juraboy Toshkulov
{"title":"CONSTITUTIONAL AND LEGAL BASIS OF RELATIONS BETWEEN THE SECULAR STATE AND RELIGION: FOREIGN AND UZBEKISTAN EXPERIENCE","authors":"Juraboy Toshkulov","doi":"10.51788/tsul.rols.2022.6.3./woas9818","DOIUrl":"https://doi.org/10.51788/tsul.rols.2022.6.3./woas9818","url":null,"abstract":"The article analyzes the types of states in terms of the content and essence of state-religious relations, the constitutional and legal foundations of freedom of conscience in accordance with the constitutions of the United States of America, the Federal Republic of Germany, the Republic of Poland, the French Republic, the Republic of Turkey, Japan, the Republic of Estonia, Czech Republic and the Republic of Uzbekistan, their common features, similarities and differences, using secular scientific and comparative methods, appropriate conclusions are drawn, suggestions are made on the directions of research work that will be carried out in the future. Given the growing influence of the religious factor in the socio-political, spiritual and ideological spheres in the current period, and also taking the intensified preparation of constitutional reforms in our country into account, the author considers it relevant: a deep and comprehensive study of international and regional documents on the relationship between the state and religion with scientific analysis; conducting extensive scientific research on the genesis and evolution of the norms governing relations between the state and religion; a comparative study of the legislation of foreign, including secular countries, regulating relations between the state and religion in practice in the current period and making suggestions and recommendations on the critical use of achievements in this regard in improving national legislation. Also, considering the activation of socio-political forces that are trying to use religion for political purposes, and the fact that they pose a serious threat to countries, regions and international security that use religion as a disguise, especially Islam, the development of the draft “Convention against terrorism under the mask of religion” and its adoption by the UN General Assembly is a requirement of the time.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133640656","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
IMPROVING THE PROCEDURAL STATUS OF PERSON WHOM APPLIED COERCIVE MEDICAL MEASURES 提高实施强制医疗措施者的诉讼地位
Review of Law Sciences Pub Date : 2022-10-10 DOI: 10.51788/tsul.rols.2022.6.3./tyio1667
Bahodir Sayfullayev
{"title":"IMPROVING THE PROCEDURAL STATUS OF PERSON WHOM APPLIED COERCIVE MEDICAL MEASURES","authors":"Bahodir Sayfullayev","doi":"10.51788/tsul.rols.2022.6.3./tyio1667","DOIUrl":"https://doi.org/10.51788/tsul.rols.2022.6.3./tyio1667","url":null,"abstract":"This article examines the legal and practical problems related to the procedural status of persons with temporary mental disorders during the investigation and preliminary interrogation of socially dangerous acts committed by mentally ill or temporarily mentally ill persons or after the commitment of socially dangerous acts. Despite the reforms in our country aimed at ensuring the rights and freedoms of individuals, and their worthy place in society, the application of coercive measures against a person in criminal procedural law is based on the fact that their procedural status is not clearly defined. Even in the Criminal Procedural Code of the Republic of Uzbekistan and in the legal literature, the status of a person subject to coercive medical measures is fragmented and differentiated by various norms. For this reason, coercive medical measures should be enshrined in the laws of our country, clearly indicating the status of the person to whom the coercive medical measures are applied, and clearly defining his rights and obligations. In order to eliminate this problem legally and clearly, it is important to ensure the legal status of a mentally ill person in the investigation process, as provided by the laws of the Republic of Uzbekistan and it should not contradict international requirements. The author argues that the main direction in finding a legal solution to this problem is that the law should clearly define the procedural status, rights, and obligations of a person to whom coercive medical measures are applied.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"77 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123134261","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
THE NEED FOR LEGAL REGULATION OF SOCIAL NETWORKS 对社交网络进行法律监管的必要性
Review of Law Sciences Pub Date : 2022-10-10 DOI: 10.51788/tsul.rols.2022.6.3./qvez1075
Shokhjakhon Khujayev
{"title":"THE NEED FOR LEGAL REGULATION OF SOCIAL NETWORKS","authors":"Shokhjakhon Khujayev","doi":"10.51788/tsul.rols.2022.6.3./qvez1075","DOIUrl":"https://doi.org/10.51788/tsul.rols.2022.6.3./qvez1075","url":null,"abstract":"Today 67% of the world’s population, about 80% of Uzbek people actively use the Internet, in particular social networks. Various legal relationships arise through social networks – e-commerce, information exchange, etc. Unfortunately, there are also cases of violations of human rights and freedoms. This article critically analyzes the norms of international acts and national legislation concerning the regulation of virtual relationships and social networks. The main purpose of the article is to improve legislation by taking advanced standards into account. Methods of critical analysis, comparative legal analysis, and statistical data study were used as research methods. Taking the analysis into account, it was revealed that in order to effectively regulate virtual relations arising in social networks, it is necessary to consolidate the freedom of Internet use in the Constitution of the Republic of Uzbekistan, clarify the legal status of bloggers, introduce a mechanism to restrict the use of social networks only in court. Based on the results of the study, conclusions were drawn about the importance of ensuring the protection of individual rights and freedoms in social networks. These conclusions can be used in the development of regulatory legal acts aimed at regulating the national segment of the Internet in the Republic of Uzbekistan, including social networks, improving the practice of ensuring information security in the social network. The results of the study allow us to enrich the theoretical foundations of the use of contractual legal instruments in the regulation of relations in social networks.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"50 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121202561","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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