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The Effectiveness of Delivery and Registration in the Changes of Property Rights of Motor Vehicles 机动车产权变更中交付登记的效力
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020708
{"title":"The Effectiveness of Delivery and Registration in the Changes of Property Rights of Motor Vehicles","authors":"","doi":"10.23977/law.2023.020708","DOIUrl":"https://doi.org/10.23977/law.2023.020708","url":null,"abstract":": Article 225 of the Civil Code of the People's Republic of China (hereinafter referred to as the \"Civil Code\") stipulates the rule of \"registration antagonism\" for changes in the right of special movables such as motor vehicles. Due to the incompleteness of the article, provisions on effective documents for changes in motor vehicle property right, manifestation of registration resistance, the question of the non-antagonistic\" third party in good faith\" and other issues are not clearly mentioned in the law. Scholars also have different interpretations of this article, to be specific, scholars hold different understandings on the effectiveness of delivery and registration. The author believes that: Real right of motor vehicle should take \"delivery\" as the effective element for changes in property rights. Meanwhile, the antagonistic effect of registration plays an important role in clarifying the ownership of right of motor vehicle and maintaining the security of transactions. In addition, the scope of the \"third party in good faith\" should be reasonably limited, and at the same time, the recognition of \"goodwill\" should adhere to objective standards.","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":"135549401","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
Improvement of International Taxation Legal System in the Context of Belt and Road “一带一路”背景下国际税收法律体系的完善
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.021008
{"title":"Improvement of International Taxation Legal System in the Context of Belt and Road","authors":"","doi":"10.23977/law.2023.021008","DOIUrl":"https://doi.org/10.23977/law.2023.021008","url":null,"abstract":"In the critical period of promoting the implementation of the \"Belt and Road\" initiative, and at the key point of China's construction of a new open economic system, in order to adapt to China's transformation from a capital-importing country to a capital exporting country, it is necessary to strengthen the regulatory function of taxation and establish an international tax legal system oriented to incentivizing the export of capital. Specifically for infrastructure investment, the current tax legal system should be adjusted, the tax credit system in the Enterprise Income Tax Law should be improved to maximize the elimination of double taxation; while improving the network of bilateral tax agreements, the length of time for the recognition of \"construction-type\" permanent establishments in the tax agreements should be relaxed, and more tax concession credit clauses should be added, so that China's tax interests as a resident country will be safeguarded and the tax benefits of the country will not be affected. At the same time, we need improve the network of bilateral tax treaties, relax the time limit for recognizing \"construction-type\" permanent establishments in tax treaties, and add tax concessions and credits, so as to safeguard the tax interests of China as a resident country while striving for more tax concessions for enterprises investing in overseas infrastructure.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"22 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":"135559723","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 Path of Accelerating the Cultivation of Foreign-related Legal Talents in the New Era 新时期加快涉外法律人才培养的路径研究
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020808
{"title":"Research on the Path of Accelerating the Cultivation of Foreign-related Legal Talents in the New Era","authors":"","doi":"10.23977/law.2023.020808","DOIUrl":"https://doi.org/10.23977/law.2023.020808","url":null,"abstract":"Foreign-related rule of law talents are responsible for incorporating national governance capability and governance system into foreign relations, striving to construct excellent laws and regulations that adapt to the foreign environment and shape a sound foreign governance model. However, in the current world undergoing unprecedented changes, there is a shortage of high-quality foreign-related rule of law talents in China. The mechanism for cultivating foreign-related talents is not sound, and there is a gap between theory and practice. It is necessary to improve the mechanism for cultivating foreign-related rule of law talents, optimize talent development plans under the new model of humanities and social sciences, and coordinate the integration of theory and practice. This will provide solid support for the development of national governance capabilities and the rule of law in foreign affairs in the new era.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"47 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":"136305133","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 Distribution of Proof Responsibility in Civil Litigation of Trade Secret Infringement 商业秘密侵权民事诉讼举证责任分配研究
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020709
{"title":"Research on the Distribution of Proof Responsibility in Civil Litigation of Trade Secret Infringement","authors":"","doi":"10.23977/law.2023.020709","DOIUrl":"https://doi.org/10.23977/law.2023.020709","url":null,"abstract":"In the civil litigation dispute of trade secret infringement, the allocation of the burden of proof is particularly important. According to relevant statistics, the successful rate of trade secret right holders is low, the reason why is mainly due to the right holder's limited ability to prove. The newly amended Anti-Unfair Competition Law has increased the allocation of the burden of proof in trade secret cases, not only made provisions for the proof of trade secret elements, but also clarified the application of the transfer of the burden of proof, which is intended to reduce the difficulty of the plaintiff's proof and strengthen the judicial protection of trade secrets. However, due to the amendment is to keep in line with the \"China-US trade agreement\", the process is relatively hasty.Accordingly, there are vague and insufficient provisions in the law.The preliminary proof and its standard of proof are not clear,and the effect of Article 32 of the new regulations on the reduction of the plaintiff's burden of proof and the increase of the defendant's burden of proof still needs to be tested in judicial practice as well.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"38 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":"135549805","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 Joint Disciplinary Mechanism for Credit Default Based on the Effectiveness of Joint Disciplinary System for Credit Default 基于信用违约联合惩戒制度有效性的信用违约联合惩戒机制研究
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.021005
{"title":"Research on Joint Disciplinary Mechanism for Credit Default Based on the Effectiveness of Joint Disciplinary System for Credit Default","authors":"","doi":"10.23977/law.2023.021005","DOIUrl":"https://doi.org/10.23977/law.2023.021005","url":null,"abstract":": The joint disciplinary system for credit default is an important component of the current construction of the integrity system in Chinese society. It plays a role in social credit management and has achieved significant results in practice. This paper, from the perspective of institutional effectiveness, analyzes the problems of the joint disciplinary mechanism for credit default, including incomplete supporting laws, imperfect legal procedures, inadequate standard systems, and information sharing mechanisms, as well as narrow channels for remedies. Drawing on the experience of joint disciplinary measures for credit default in the United States, the paper proposes improvement strategies and suggestions, including clarifying the legal procedures for credit default punishment, improving the credit standard system, enhancing the credit information sharing mechanism, optimizing credit repair and objection mechanisms, and so on.","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":"135316700","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 Practice and Improvement of Criminal Reconciliation in Grassroots People's Courts 基层人民法院刑事和解的实践与完善
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020602
{"title":"The Practice and Improvement of Criminal Reconciliation in Grassroots People's Courts","authors":"","doi":"10.23977/law.2023.020602","DOIUrl":"https://doi.org/10.23977/law.2023.020602","url":null,"abstract":"The People's Court of District S has been actively exploring the mechanism of criminal reconciliation in public prosecution cases since early 2010, and in the past three years, criminal reconciliation cases have achieved certain legal and social effects, but also revealed some shortcomings and shortcomings in the application of procedures. However, this legislation is unable to meet the realistic needs of criminal judicial practice, especially the grassroots criminal judicial practice, and there are problems of application, mode and limit, etc. In future judicial practice, it is necessary to enhance the operability of the initiation of the procedure, improve the standardization of the conduct of the procedure, increase the possibility of equal application, and establish supporting mechanisms to guarantee the function of reconciliation In future judicial practice, there is a need to enhance the operation of the procedure, improve the regulation of the procedure, enhance the possibility of equal application, and establish supporting mechanisms to guarantee the full play of the function of reconciliation.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"15 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":"135500748","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
Intellectual Property Protection in the Transformation of Plant Protection Research Achievements: Present Situation, Challenges and Prospects 植物保护科研成果转化中的知识产权保护:现状、挑战与展望
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020609
{"title":"Intellectual Property Protection in the Transformation of Plant Protection Research Achievements: Present Situation, Challenges and Prospects","authors":"","doi":"10.23977/law.2023.020609","DOIUrl":"https://doi.org/10.23977/law.2023.020609","url":null,"abstract":"This paper discusses the importance, current situation, challenges and future prospects of intellectual property protection in the transformation of plant protection research results. Intellectual property has a core position in the field of plant protection, which not only promotes technological innovation, but also protects the rights and interests of researchers and promotes the commercial application of research results. At present, the research results of plant protection are showing the growth trend of patent application, and technology transfer and licensing agreement are gradually becoming the mainstream, but at the same time, it is also accompanied by intellectual property disputes. In order to meet the challenge of globalization, international cooperation has become particularly critical in the maintenance of intellectual property rights. However, cross-border intellectual property protection, rapidly changing technological environment and the balance between public interests and individual rights and interests have brought new challenges to plant protection research. In particular, the collision between intellectual property rights and traditional knowledge is an urgent problem to be solved. Looking forward to the future, in order to adapt to the accelerating technological innovation, strengthening international cooperation and exchanges, raising public awareness of intellectual property rights, and encouraging the public-private cooperation model will be the key. Especially the public-private partnership model, its popularization and application is expected to further promote the innovation and development of plant protection technology.","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":"135502334","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
Rule of Law Guarantees for Green Development of China's Oceans 中国海洋绿色发展的法治保障
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020706
{"title":"Rule of Law Guarantees for Green Development of China's Oceans","authors":"","doi":"10.23977/law.2023.020706","DOIUrl":"https://doi.org/10.23977/law.2023.020706","url":null,"abstract":"Based on the needs of new development, China has put forward the green development concept with the goal of realizing production development, rich living and good ecology, which realizes the renewal and sublimation of the development concept. China has rich marine resources, and in the context of the new concept, the green development of the ocean is particularly important. But the current marine ecological environment, such as the Bohai Sea waters, water quality is still relatively poor, high pollution, the realization of green development, governance of the ecological environment is essential, the current implementation of the rule of law on the protection of the marine ecological environment is not enough in place. This paper will focus on the current ecological environment of China's oceans, regulations, judicial implementation, how to realize its green development to provide rule of law protection to improve the proposal.","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":"135502343","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 Obligations of the Crime of Refusing to Fulfill the Obligations of Information Network Security Management 拒绝履行信息网络安全管理义务罪的责任研究
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.021009
{"title":"Study on the Obligations of the Crime of Refusing to Fulfill the Obligations of Information Network Security Management","authors":"","doi":"10.23977/law.2023.021009","DOIUrl":"https://doi.org/10.23977/law.2023.021009","url":null,"abstract":"With the continuous development of the internet today, the Internet has greatly promoted the progress of society, but its impact also has to attract our attention, the internet crime more and more at the same time the breeding of new forms of crime, so that the traditional criminal law can not be completely regulated, the new law has also solved this problem. The new law is the criminal law amendment (IX). According to the new crime of refusing to implement the regulation of network security management, the network service provider must bear the criminal responsibility for his inaction, which has laid a new legal basis for the security management of network crime. However, there are many problems in this charge, such as the low application rate of the court. This paper focuses on the legal background and judicial system of the crime of failing to perform the responsibility of Information Network security management. Using the general idea of the present situation, the paper puts forward the requirements for information network security, then expounds the existing problems and puts forward remedial measures.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"274 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":"135559722","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
Non-Governmental Organization and Its Role in International Water Law—Focusing on Its Participation in Global Water Governance 非政府组织及其在国际水法中的作用——以其在全球水治理中的参与为中心
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020904
{"title":"Non-Governmental Organization and Its Role in International Water Law—Focusing on Its Participation in Global Water Governance","authors":"","doi":"10.23977/law.2023.020904","DOIUrl":"https://doi.org/10.23977/law.2023.020904","url":null,"abstract":"Water is the source of life, closely related to human production and life, and plays an important role in maintaining the stability of the ecological environment and mediating the climate. The issue of water crisis transcends national boundaries, and the importance of transboundary water cooperation is self-evident. In the field of environmental protection, in addition to state actors, non-state actors such as non-governmental organizations, are also playing an important role. Based on their unique advantages of professionalism and public interest, NGOs play an important supplementary and promotional role in promoting international cooperation and meeting public needs by participating in official meetings as observers and partners, publishing research reports and related papers, and promoting the drafting and signing of international treaties. At the same time, the limitations of NGOs themselves make them face certain difficulties in the process of participating in international governance. Therefore, it is of great significance to study the practice of environmental non-governmental organizations in the field of transboundary freshwater resources to further strengthen transboundary water cooperation and promote its equitable and sustainable management.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"155 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":"135101723","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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