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Allocation of Liability for Bank Card Theft 银行卡盗窃的责任分配
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.021007
{"title":"Allocation of Liability for Bank Card Theft","authors":"","doi":"10.23977/law.2023.021007","DOIUrl":"https://doi.org/10.23977/law.2023.021007","url":null,"abstract":"The Supreme Court issued a new judicial interpretation on bank card theft in May 2021, which determined the no-fault liability of banks in the phenomenon of bank card theft. However, although the interpretation is based on the position of protecting financial consumers, it does not take into account the type of cardholder, the difference between counterfeit card theft and cyber theft. Through differentiate between Small-value electronic fund transfers and large-value electronic fund transfers, cyber theft, a new mechanism for allocating responsibility should be constructed for cyber-skimming of bank card unit accounts: if the bank's payment instructions have passed the security procedures, the cardholder bears the presumption of liability for fault, thus providing banks with an outlet for exemption from liability.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135447120","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
Administrative Litigation of Government Procurement Contract Dispute 政府采购合同纠纷行政诉讼
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020807
{"title":"Administrative Litigation of Government Procurement Contract Dispute","authors":"","doi":"10.23977/law.2023.020807","DOIUrl":"https://doi.org/10.23977/law.2023.020807","url":null,"abstract":"Since lawmakers believe that the exercise of executive power is not involved in the process of concluding government procurement contracts, the current system stipulates that in disputes caused by government procurement, suppliers can resort to administrative litigation or civil litigation according to the difference between the pre-contract stage and the contract performance stage. However, government procurement contracts of both civil and administrative nature, even contract disputes caused in the process of performance, still involve the consideration of administrative purposes, which needs to pay attention to \"power control\" and the protection of public interests in the judicial review process. Therefore, administrative litigation is more suitable for judicial review of government procurement contract disputes than civil litigation because of its objective litigation nature.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136305362","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
Liability Rules for Algorithmic Discrimination 算法歧视的责任规则
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020902
{"title":"Liability Rules for Algorithmic Discrimination","authors":"","doi":"10.23977/law.2023.020902","DOIUrl":"https://doi.org/10.23977/law.2023.020902","url":null,"abstract":"Algorithmic discrimination represents the translation of human societal discrimination into the realm of algorithms. It manifests as algorithmic thinking, black-box algorithms, and non-neutrality, all stemming from the design of algorithmic technologies. Furthermore, it becomes apparent in the form of biased decision-making during algorithmic operations. This phenomenon not only infringes upon citizens' equal rights but also disrupts market economic order and jeopardizes social fairness and justice. To effectively address the real-world issues arising from algorithmic discrimination, it is imperative to approach this problem from a legal perspective. Algorithmic discrimination differs from traditional forms of infringement, necessitating a thorough analysis of its constituent elements, responsible entities, modes of liability, and the establishment of mechanisms for liability allocation. Through these legal regulations, a legal framework for the algorithmic era can be constructed, safeguarding the safety and development of humanity in the digital society.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135008882","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 the legitimacy of carbon tariffs—from the perspective of Habermas's legitimacy theory 碳税的合法性分析——以哈贝马斯的合法性理论为视角
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020906
{"title":"Analysis of the legitimacy of carbon tariffs—from the perspective of Habermas's legitimacy theory","authors":"","doi":"10.23977/law.2023.020906","DOIUrl":"https://doi.org/10.23977/law.2023.020906","url":null,"abstract":"The legality of carbon tariffs has been highly controversial since their inception. Habermas's discussion legitimation theory believes that the legitimacy of a rule depends on three requirements: the acceptability of its value, the legality of the rule itself, and intersubjectivity. The existing carbon tariff rules do not meet the above three requirements at the same time, so they are not legal, but they may have legality in the future. When designing a system, it can be permitted if it meets the above requirements.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135157739","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
Definition of the Scope of Sensitive Personal Information 个人敏感信息范围的界定
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020608
{"title":"Definition of the Scope of Sensitive Personal Information","authors":"","doi":"10.23977/law.2023.020608","DOIUrl":"https://doi.org/10.23977/law.2023.020608","url":null,"abstract":"The definition of the scope of sensitive personal information is crucial for the scope of data collection, but in China, the scope of sensitive personal information does not be clearly defined. Although Article 28 of the Personal Information Protection Law defines the scope of sensitive personal information to a certain extent through the method of \"listing and summarizing\", it is difficult to apply it in practice. Plus, it is inappropriate to simply classify information into general personal information and sensitive personal information. To identify sensitive personal information properly, we must consider specific scenarios, adopt the scenario integration path which is based on contextual integrity theory to establish objective criteria for determining whether the information is sensitive.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135500739","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 Institutional Dilemma and Development Path of the Internationalization of Commercial Law in the Context of the Civil Code 民法典语境下商法国际化的制度困境与发展路径
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020603
{"title":"The Institutional Dilemma and Development Path of the Internationalization of Commercial Law in the Context of the Civil Code","authors":"","doi":"10.23977/law.2023.020603","DOIUrl":"https://doi.org/10.23977/law.2023.020603","url":null,"abstract":"The promulgation of the Civil Code has had a profound impact on China's commercial law system. Fundamentally speaking, the Civil Code is universal in the international community, and the internationalization process of commercial law is realized under the framework of the Civil Code. The Civil Code contains a large number of provisions on the commercial legal system, which to a certain extent has also had an impact on the international commercial legal system. This article first analyzes the connection between China's \"Civil Code\" and the international community, and then analyzes the problems in the development of the internationalization of commercial law from the aspects of legislation technology and commercial system, and proposes a corresponding development path. Then, a questionnaire survey was conducted on the effect of the internationalization of commercial law after the development path. The results showed that the number of votes for \"good\" and above was close to half, which means that the development path can effectively deal with the institutional dilemma of the internationalization of commercial law in the context of the Civil Code.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"272 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135500743","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
Exploration on the Operation Path of the Specialization and Institutionalization of Juvenile Courts 少年法院专业化、制度化运作路径探索
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020707
{"title":"Exploration on the Operation Path of the Specialization and Institutionalization of Juvenile Courts","authors":"","doi":"10.23977/law.2023.020707","DOIUrl":"https://doi.org/10.23977/law.2023.020707","url":null,"abstract":"The development of juvenile courts has experienced nearly 40 years of challenges, transformations, and restructuring, at times encountering developmental bottlenecks. This article conducts a comparative analysis of several operational models of juvenile courts currently under focus in judicial practice and theoretical discussions. It examines the prospects of juvenile court development from the perspectives of specialization and institutionalization and explores the integration model of juvenile and family court proceedings along with its specific construction path. Based on these considerations, the article proposes suggestions for the institutionalization of juvenile court operations, including organizational structure, case jurisdiction, and social support systems.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135500753","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
Study on the legal validity of electronic will 电子遗嘱的法律效力研究
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020702
{"title":"Study on the legal validity of electronic will","authors":"","doi":"10.23977/law.2023.020702","DOIUrl":"https://doi.org/10.23977/law.2023.020702","url":null,"abstract":": The electronic will is a way for the testator to deal with the property distribution after his death through a new social platform supported by the Internet and a professional will website, which is an important embodiment of the development of the Internet. Compared with the traditional will, the electronic will has more space for development, and its advantages of efficiency, convenience and concealment are widely favored. The combination of Internet technology and wills is of great significance to effectively save social resources and guarantee the freedom of wills. In view of the lack of clear provisions on electronic wills in Chinese laws and judicial interpretations, in practice, courts will strictly abide by the formal requirements of wills and thus deny the legal validity of electronic wills. It is of great significance to explore the effect of electronic will and promote its legalization and application for maintaining judicial credibility and realizing the freedom of will.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135502347","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
Research on the Legislation of the Law of Marine Science and Technology from the Strategic Perspective of China's Maritime Power 中国海权战略视角下的海洋科技法立法研究
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020605
{"title":"Research on the Legislation of the Law of Marine Science and Technology from the Strategic Perspective of China's Maritime Power","authors":"","doi":"10.23977/law.2023.020605","DOIUrl":"https://doi.org/10.23977/law.2023.020605","url":null,"abstract":"The legislation of science and technology is an important content of the construction of our legal system. The ocean has become the stage of international competition in the 21st century. The competition among the oceans is ultimately the competition of scientific and technological strength, and advanced marine science and technology is the important guarantee to realize the great goal of maritime power in an all-round way, the development of marine science and technology depends on the perfect legal system of marine science and technology. On the basis of studying the present situation and deficiency of the legislation of marine science and technology legal system, this paper puts forward the corresponding countermeasures to provide legal guarantee for the development of our country's marine science and technology innovation.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135502349","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
A Study on the Balance of Enterprise Strategy and Employee Rights from the Perspective of Commercial Law 商法视角下的企业战略与员工权利平衡研究
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.021011
{"title":"A Study on the Balance of Enterprise Strategy and Employee Rights from the Perspective of Commercial Law","authors":"","doi":"10.23977/law.2023.021011","DOIUrl":"https://doi.org/10.23977/law.2023.021011","url":null,"abstract":"In a modern and diverse society, moral evaluation is diverse, while legal norms are clear and unique, backed by public power, which can serve as a benchmark for evaluating company behavior and a basis for enforcement. Encouraging commercial entities to engage in trade and pursue maximum benefits in institutional design has a clear private law nature. This article conducts research on the balance between corporate strategy and employee rights from the perspective of commercial law. The value of commercial law lies in ensuring the profitability of merchants or enterprises, so the goals pursued by commercial law are profitability, efficiency, safety, and minimizing risk costs as much as possible. The general principles of fairness, justice, integrity, and other legal principles are supplemented to constrain the company's behavior and ensure that the company bears social responsibility towards its employees. The transferee of a company's merger and acquisition should summarize the labor relationship of the transferee. From the perspective of commercial law, adopt administrative actions that limit or minimize the harm to employees' rights and interests, and make the harm caused by administrative actions compatible with the pursued administrative purpose.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"202 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135759061","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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