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School Education as a Method of Counter-Terrorism Governance: China's Perspectives and Its Legal Response 学校教育作为反恐治理的一种方法:中国视角及其法律回应
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020601
{"title":"School Education as a Method of Counter-Terrorism Governance: China's Perspectives and Its Legal Response","authors":"","doi":"10.23977/law.2023.020601","DOIUrl":"https://doi.org/10.23977/law.2023.020601","url":null,"abstract":"States in the world explores ways to counter-terrorism, and finds school education is a useful method in light of counter-terrorism governance. A necessary work is to analysis the link between school education and counter-terrorism governance in the first step, with the help of knowledge on China's national education system and definitions from Counter-Terrorism Law as well as some theory-thoughts. Then it is also meaningful to discuss how current China's legal design, including but not limited to the both central and local legislation on counter-terrorism theme as well as a typical example from education legal system, offers provision support for school education. The conclusion is at present China has noticed the value of school education on counter-terrorism. And in the future with the development of counter-terrorism legal system, the school education related provisions will remain and develop accordingly, while the certain content design method is left to be discovered case by case in relevant situation.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"40 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":"135500737","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
International Biosafety Legal Provisions and Application—Focusing on the Conflict between the Cartagena Protocol on Biosafety and the WTO rules 国际生物安全法律规定及其适用——以《卡塔赫纳生物安全议定书》与WTO规则的冲突为中心
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020610
{"title":"International Biosafety Legal Provisions and Application—Focusing on the Conflict between the Cartagena Protocol on Biosafety and the WTO rules","authors":"","doi":"10.23977/law.2023.020610","DOIUrl":"https://doi.org/10.23977/law.2023.020610","url":null,"abstract":"The current international biosafety regulatory system presents the form of co-construction of environmental regulations centered on the Cartagena Protocol on Biosafety and trade regulations under the framework of World Trade Organization. Analyzing the environmental regulations and trade regulations on biosafety, it can be seen that there are many conflicts and contradictions between the two, which is due to the differences between the purposes of legislation and core principles of the two. Looking at China's legislation on biosafety, there is also room for improvement. Each country should incorporate the basic principles of good faith, mutual support, cooperation and coordination into the formulation of their respective domestic laws, so as to ensure that the legislation of the domestic law can minimize the possible conflict between the CPB and the WTO rules.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"301 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":"135500740","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
Identification of trademark infringement in foreign-related OEM 涉外代工中商标侵权的认定
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.021010
{"title":"Identification of trademark infringement in foreign-related OEM","authors":"","doi":"10.23977/law.2023.021010","DOIUrl":"https://doi.org/10.23977/law.2023.021010","url":null,"abstract":"There is significant controversy in the academic and judicial practice regarding the determination of trademark infringement of the foreign-related Original Equipment Manufacture (OEM) industry, so it is necessary to construct a basic judgment path. On the basis of clarifying the debate about foreign-related OEM trademark, further analysis is conducted on the positioning of \"trademark use\" in foreign-related OEM trademark infringement, and the conclusion can be drawn that \"possibility of confusion\" is the substantive element for determining infringement. Finally, by defining the scope of the relevant public when applying the \"possibility of confusion\" in different situations, it can obtain more protection from trademark law.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"13 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":"135611279","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
Opinions on the Regulation and Governance of Online Insults and Defamation Offenses 《关于网络侮辱诽谤违法行为监管治理的意见》
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020809
{"title":"Opinions on the Regulation and Governance of Online Insults and Defamation Offenses","authors":"","doi":"10.23977/law.2023.020809","DOIUrl":"https://doi.org/10.23977/law.2023.020809","url":null,"abstract":"In the era of internet information, various criminal issues such as fraud, cyber insults, and defamation occur frequently. The implementation of national anti-fraud laws has yielded positive results in the management of fraud crimes. It is evident that the introduction of relevant laws can lead to better outcomes through the analysis of specific problems. However, cyber insults and defamation crimes remain rampant, resulting in severe consequences such as damage to victims' reputation, privacy, and even their physical and mental well-being. In this context, this paper compares cyber insults and defamation crimes with traditional insults and defamation crimes, analyzes the internal mechanisms of cyber insults and defamation, and provides recommendations for prevention and governance from the perspectives of current shortcomings, society, individuals, and platforms. Furthermore, it emphasizes the need for strengthening governance in the judicial and legislative aspects. By doing so, pocket crimes based on statutory offenses can be avoided, and the principle of leniency and severity in criminal law can be effectively implemented, thereby curbing cyber insults and defamation crimes and reducing harm to citizens, the state, and society.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"106 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":"136305333","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 and Establishment of the Marital Tort Liability System in Marriage Law 婚姻法中婚姻侵权责任制度的研究与建立
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020905
{"title":"Research and Establishment of the Marital Tort Liability System in Marriage Law","authors":"","doi":"10.23977/law.2023.020905","DOIUrl":"https://doi.org/10.23977/law.2023.020905","url":null,"abstract":"With the development of society and the innovation of people's ideas, in our country, marital infringement has become a common problem, and people's ideas about marriage are gradually changing. In traditional Chinese marriage customs, the idea that men are superior to women is a common problem for couples. The equal status that should be enjoyed by both parties cannot be effectively guaranteed. Due to imperfect legislation, this problem cannot be effectively solved in judicial practice. The formulation of modern marriage laws has effectively eliminated this traditional marriage model. There are existing drawbacks. The establishment of a sound liability system in the Marriage Act will enable the marriage relationship to have protected rights and interests and to be penalized accordingly, thus enhancing the legal rights of the marriage law. It will enable the public's rights and interests in marriage to be more effectively and robustly protected by law, in order to fulfil the need for improved marriage and family legislation and stable marriage and family harmony.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"25 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":"135101368","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 Influence of Legal Environment on the Scale of External Guarantee of the Company 法律环境对公司外部担保规模的影响研究
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020907
{"title":"Research on the Influence of Legal Environment on the Scale of External Guarantee of the Company","authors":"","doi":"10.23977/law.2023.020907","DOIUrl":"https://doi.org/10.23977/law.2023.020907","url":null,"abstract":": From the perspective of legal environment, this paper takes A-share listed companies from 2013 to 2022 as the research object, and empirically studies the impact of legal environment on the scale of external guarantee. The article first summarizes and expounds the relevant theoretical research on the legal environment and external guarantees, and then draws a conclusion through empirical analysis that the legal environment has a significant restraining effect on the scale of the company's external guarantees. This paper links the influencing factors at the regional level with the external guarantee at the enterprise level, enriches the relevant research on external guarantee, and provides a theoretical basis for subsequent corporate decision-making and policy formulation.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"116 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":"135157180","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
Legal Analysis of Prenuptial Bribery in China 中国婚前贿赂的法律分析
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020810
{"title":"Legal Analysis of Prenuptial Bribery in China","authors":"","doi":"10.23977/law.2023.020810","DOIUrl":"https://doi.org/10.23977/law.2023.020810","url":null,"abstract":"As an important component of traditional Chinese marriage culture, Bride price has undergone thousands of years of historical evolution in China and still exhibits strong vitality in modern social life. At present, there is no clear provision in China's law regarding premarital Bride price. However, with the increasing number of disputes arising from Bride price, the content of disputes has also become more complex. Therefore, exploring the legal attributes of premarital Bride price is particularly important for judicial practice.","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":"136305342","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 Subjective Status of Artificial Intelligence in Civil Law 人工智能在民法中的主体地位
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020903
{"title":"The Subjective Status of Artificial Intelligence in Civil Law","authors":"","doi":"10.23977/law.2023.020903","DOIUrl":"https://doi.org/10.23977/law.2023.020903","url":null,"abstract":"With the development of big data and the rapid changes in technology, artificial intelligence has gradually become involved in our daily lives, and has even become an indispensable tool for contemporary young people. At present, the forms of artificial intelligence are gradually diversifying, and in this regard, a series of related legal issues have arisen. To today's level of science and technology and the degree of robot autonomy, artificial intelligence should be the object, that is, as a civil law object, but a number of scientists have predicted that in the next ten years or even a few years, artificial intelligence can reach 80% of human intelligence, so at this time, strong artificial intelligence can be the status of the subject of civil law to engage in a variety of behaviours and bear the corresponding responsibility is the focus of the discussion. This paper will analyse the current situation of the development of artificial intelligence, its challenge to the civil law, its legal status of the debate, the feasibility of its legal subject status and the foreign legal regulation and judicial practice of the significance of China's legislation from five perspectives, to explore the types of legal attributes of artificial intelligence as a modern or future essential existence.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"119 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":"135101988","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
Application of the Principle of Effective Control in International Law: On the Question of Sovereignty over the Aksai Chin Region 有效控制原则在国际法中的适用——论阿克赛钦地区主权问题
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020804
{"title":"Application of the Principle of Effective Control in International Law: On the Question of Sovereignty over the Aksai Chin Region","authors":"","doi":"10.23977/law.2023.020804","DOIUrl":"https://doi.org/10.23977/law.2023.020804","url":null,"abstract":"In August 2019, India amended its domestic constitution to transfer the Aksai Chin Region, which is under China's jurisdiction, to the jurisdiction of India's new \"Union Territory of Ladakh\", seriously violating China's territorial sovereignty and security. Since ancient times, the Aksai Chin Region has been an inalienable part of China's territory, and it has always been under the jurisdiction of the Chinese Government; India has no legal authority to prove that the Aksai Chin Region belongs to the Indian side. According to the relevant provisions of territorial law, a State may acquire sovereignty over an area by exercising effective control over it. According to the Principle of effective control, China has maintained sovereignty over and de facto control of the Aksai Chin Region for hundreds of years. India, on the other hand, does not have sufficient evidence to show the activities of the Indian government in the area, nor can it prove that India's claim to sovereignty over the Aksai Chin Region is superior to that of the Chinese government. Therefore, China has a superior claim in the Aksai Chin Region and sovereignty over the Aksai Chin Region should be vested in China.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"24 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":"135914074","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
Reform of the WTO Appellate Body: Inspiration from the MPIA Practice Trial WTO上诉机构改革:来自MPIA实务审判的启示
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.021006
{"title":"Reform of the WTO Appellate Body: Inspiration from the MPIA Practice Trial","authors":"","doi":"10.23977/law.2023.021006","DOIUrl":"https://doi.org/10.23977/law.2023.021006","url":null,"abstract":": As a brilliant innovation of WTO, the Appellate Body has dealt with a number of international trade disputes since its establishment, which is of special reference significance to the dispute settlement mechanism. When the Appellate Body was paralyzed and suspended for more than three years, the MPIA emerged as an appellate arbitration mechanism to replace the appellate process temporarily. The MPIA rules mainly based on the appellate process and have been improved and practically tested in the more consensual aspects of the Appellate Body's reform program, such as trial limit management and focus on necessity disputes, which can provide reference for the future reform of the Appellate body.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"29 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":"135314226","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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