Science of Law Journal最新文献

{"title":"Legal Analysis of School Sports Injury Accident under the Background of Governing School by Law","authors":"","doi":"10.23977/law.2023.020604","DOIUrl":"https://doi.org/10.23977/law.2023.020604","url":null,"abstract":"Under the background of the development strategy with the key words of \"governing the country by law\", \"governing by law\" and \"administration by law\", to promote the integration of the construction of a country by law, government by law and society by law, the high quality development of school physical education in the new era should be guided by the concept of running the school by law, and maintain the health of our young students in an all-round and full cycle. The research holds that under the background of education administration and school administration according to law, it is urgent to discuss and improve how to use law to avoid school sports injury accidents, mainly including legal prevention and legal relief. Suggestions are put forward: improve the law of school sports injury accidents, clarify the rights and obligations of schools, teachers, students and other subjects, clarify the applicable principles of prevention and relief, and concretely implement them into the law; The Education Bureau should construct the school sports injury insurance system; The school sports safety supervision office has been set up, and professional posts such as physical therapists and school doctors have been set up to take full responsibility for the sports safety of school students and reduce the psychological pressure of PE teachers.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"137 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":"135500741","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}

{"title":"Research on anti-monopoly and unfair competition from the perspective of administrative law","authors":"","doi":"10.23977/law.2023.021004","DOIUrl":"https://doi.org/10.23977/law.2023.021004","url":null,"abstract":"With the development of market economy, monopoly and unfair competition have gradually become the key factors affecting the market order and fair competition. From the perspective of administrative law, the laws and regulations of anti-monopoly and unfair competition are important guarantees to safeguard fair market competition and protect the rights and interests of consumers. Through the analysis of relevant laws and regulations and their application, this paper discusses the research status, existing problems and improvement measures of anti-monopoly and unfair competition from the perspective of administrative law.","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":"135262339","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}

{"title":"The Validity of the Commitment of \"Divorce without Property Rights\" in the Jurisprudential Perspective","authors":"","doi":"10.23977/law.2023.020805","DOIUrl":"https://doi.org/10.23977/law.2023.020805","url":null,"abstract":"As a kind of marriage and family relationship maintenance mode, marital loyalty agreement has gradually become a new marriage and family mode, which strengthens the fulfillment of husband and wife's loyalty obligation. The promise of \"Divorce without property rights\" is the concrete manifestation of the husband and wife's loyalty obligation in the marriage law, which is similar to a kind of sworn right, but lacks the legal obligation validity guarantee. Therefore, there are differences and disputes in the identification of the effect of \"Divorce without property rights\". How to accurately position and judge the effectiveness of the promise of \"Divorce without property rights\" is the key to properly solve the problem of divorce property disputes in China. In the civil law circle, the discussion on the effect of the commitment to Divorce without property rights mainly focuses on the basic concepts of civil law, such as expression of intention, contract and contract, and the content of the discussion is mostly partial to the theory of department law. How jurisprudence is involved in the study of the effect of \"Divorce without property rights\" commitment and how to optimize the legal analysis of this legal phenomenon is another dimension to solve this problem. Jurisprudence can provide argumentation ideas for civil judgment. Jurisprudence takes the resources in the field of general jurisprudence as a reason or argument to support the views of judicial judges, which can enhance the reasoning effect of judicial judgment. Regarding the attitude towards the effectiveness of the \"Divorce without property rights\" commitment, there is not much difference between jurisprudence and civil law, and it is only effective, invalid or depending on the situation. What jurisprudence needs to do is to clarify the connotation and legal basis of the promise of \"Divorce without property rights\", optimize the legal analysis of the promise of \"Divorce without property rights\", and put forward theoretical viewpoints that are in line with the legal principle and sense, so as to provide new judgment ideas and sufficient reasoning value for the judiciary.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"17 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":"136259502","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}

{"title":"Research on Optimization Path of the Legal Aid System for College Students","authors":"","doi":"10.23977/law.2023.020910","DOIUrl":"https://doi.org/10.23977/law.2023.020910","url":null,"abstract":": In 2022, the legal aid system for college students was first introduced. College students and college students ' legal aid organizations constitute an effective supplement to judicial aid, gradually forming an effective force of social legal aid, effectively alleviating the contradiction between supply and demand between judicial aid and social needs, and having unique judicial and social values. However, in the process of its development, there are many problems in the legal aid system of college students, such as organizational orientation deviation, single mode acceptance of cases, management confusion and service. In the future, it emphasizes the diversified proportion of service disciplines, balanced resources and professional organization, which can effectively promote the development of the legal aid system of college students, form a comprehensive, formal, multi-scientific and efficient legal aid organization, and become the pillar of socialist legal aid with Chinese characteristics.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"136 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":"134883879","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}

{"title":"Study on the Law of Network Broadcast Reward Behavior","authors":"","doi":"10.23977/law.2023.020806","DOIUrl":"https://doi.org/10.23977/law.2023.020806","url":null,"abstract":"Network broadcast is a new thing formed by the rapid development of Internet technology. In the information age of the 21st century, network broadcast has the advantages of convenience, strong entertainment and high interactivity. Compared with other activities, it is a popular form of entertainment. While bringing huge traffic and economic benefits, legal disputes in the network broadcast industry are also on the rise. Due to the different opinions on the identification of online broadcast reward behavior, the result of the trial of such disputes is different. Therefore, the study of this phenomenon is conducive to standardizing live broadcast behavior and creating a clean and pleasant network space.","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":"136259626","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}

{"title":"A Critical Analysis of the Appellate Body's Interpretation of the Concept of 'Likeness' as Found in Article III GATT","authors":"","doi":"10.23977/law.2023.021002","DOIUrl":"https://doi.org/10.23977/law.2023.021002","url":null,"abstract":"This paper set out to analyses the Appellate Body's interpretation of 'likeness' in Article III The General Agreement on Tariffs and Trade (GATT), this analysis is based on the backdrop of increasingly dynamic and extensive trade between countries around the world. The development of goods exchanged has contributed to a boom in international trade, but also has inevitably given rise to a number of disputes. This paper gives an account that these trade disputes mainly stem from disagreement in the interpretation of keywords in the GATT provisions. This is why the interpretation of 'likeness' is important, the understanding of 'likeness' directly affects whether a country's adoption of different policies for products violates its national obligations under GATT. In this article, the Appellate Body's interpretation of 'likeness' is analysed with a focus on the cases of Alcoholic Beverages II (1996) and EC-Asbestos (2000). The Appellate Body's approach to the interpretation of 'likeness' in these two cases is analysed, as well as the logic and rationality of this interpretation. The validity of the Appellate Body interpretation is also analysed in light of the Vienna Convention on the Law of Treaties (VCLT). This essay analysed and found that the Appellate Body's interpretation of 'likeness' is both comprehensive and consistent with the general principles of treaty interpretation of the Vienna Convention on the Law of Treaties(VCLT). However, there are some drawbacks such as the Appellate Body's interpretation of 'likeness' is too vague and subjective and based on only a single method of interpretation.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"115 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":"135260677","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}

{"title":"The Implication of Brexit on Single Banking Passport","authors":"","doi":"10.23977/law.2023.021003","DOIUrl":"https://doi.org/10.23977/law.2023.021003","url":null,"abstract":"In the UK, nearly five-and-a-half thousand British companies hold passport under various Single Market directives, which means the authorized firms will have the power to provide certain regulated financial services in one European Economic Area (EEA) member state, and they do not need to obtain other EEA member state's separate authorization to provide certain regulated financial service. At the same time, nearly eight thousand companies from the EEA entered the UK with the passport. In addition to the UK and other EEA member states, many third countries' financial institutions that obtain single passport in the UK will inevitably be affected by the Brexit. It is not surprising that the change of passport power has attracted considerable attention. With the promotion of Brexit, the pattern of European banking industry will also change. The gradually differentiated regulatory environment will also become a big challenge for many large international banks. This paper aims to evaluate the impact of Brexit on the banking industry, specifically for many large international banks.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"1 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":"135260692","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}

{"title":"Navigating Jurisdictional Expansion: An Analysis of ICSID's Role in Bolstering Foreign Investment Protection","authors":"","doi":"10.23977/law.2023.020701","DOIUrl":"https://doi.org/10.23977/law.2023.020701","url":null,"abstract":"Under the Convention on the Settlement of Investment Disputes, the International Centre for Settlement of Investment Disputes (ICSID), affiliated with 165 member countries, holds exclusive jurisdiction over state-foreign investor disputes. ICSID arbitral tribunals frequently expand their jurisdiction and amplify protection for foreign investments through broad interpretation of jurisdictional conditions, enlarged application of the Most-Favored-Nation and Umbrella Clauses, and adaptability of the Fork-in-the-Road provision. This paper scrutinizes these strategies and underscores the tribunals' role in shaping investment protection while considering their impact on the delicate balance between international arbitration and local remedies. It concludes by advocating for a more balanced approach that respects local remedies while safeguarding foreign investment interests.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"62 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":"135502337","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}

{"title":"Research on the Legal System of Environmental Public Interest Litigation from the Perspective of Sustainable Development","authors":"","doi":"10.23977/law.2023.020703","DOIUrl":"https://doi.org/10.23977/law.2023.020703","url":null,"abstract":"In recent years, with the rapid development of economy, environmental problems have become increasingly serious. The environment we live in is a \"public good\" in the social field, and the disadvantages of \"market failure\", especially external problems, are increasingly prominent in the sustainable development of the environment and the comprehensive development and utilization of resources. Environmental interests are different from ordinary personal interests. Because of the holistic characteristics of the environment, environmental infringement disputes often damage the overall environmental interests of the country and society. Therefore, environmental interests are a typical public interest. Therefore, the thinking of legal interpretation of procedural law is to determine the value choice, determine the interpretation space by literal interpretation, expand the interpretation of \"direct interest\" and \"legal interest\", and finally verify the rationality of the expanded interpretation by systematic interpretation, purpose interpretation and constitutional interpretation. Specifically, efforts are mainly made to ensure the filing and evidence collection of civil public interest lawsuits filed by environmental protection organizations, clarify the relationship between civil public interest lawsuits filed by environmental protection organizations and the ecological environment damage compensation system, improve the litigation willingness and ability of environmental protection organizations, and stimulate the participation enthusiasm of government and social forces, so as to effectively play the role of environmental protection organizations in filing civil public interest lawsuits.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"97 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":"135502345","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}

{"title":"Determination of Qualified Subjects of Artificial Intelligence from the Perspective of International Law","authors":"","doi":"10.23977/law.2023.021001","DOIUrl":"https://doi.org/10.23977/law.2023.021001","url":null,"abstract":"","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"32 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":"134884254","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}