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Research on the current situation and prevention countermeasures of the crime of network insult and libel 网络侮辱诽谤罪的现状及防范对策研究
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020801
{"title":"Research on the current situation and prevention countermeasures of the crime of network insult and libel","authors":"","doi":"10.23977/law.2023.020801","DOIUrl":"https://doi.org/10.23977/law.2023.020801","url":null,"abstract":"In recent years, with the continuous development of information technology and the increasing ubiquity of the internet, cyber insults and defamation crimes, represented by verbal abuse, have been on the rise. Cyber defamation is a new form of cybercrime. This criminal behavior not only seriously damages the personal dignity and social reputation of others but can also have a significant impact on social order, leading to substantial negative consequences. This article, based on judicial practice, comprehensively examines the current status of cyber insults and defamation crimes, and further proposes various preventive measures and strategies.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"43 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":"135844033","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
Ways to Improve the Acceptability of Sentencing Reasoning 提高量刑推理可接受性的途径
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020803
{"title":"Ways to Improve the Acceptability of Sentencing Reasoning","authors":"","doi":"10.23977/law.2023.020803","DOIUrl":"https://doi.org/10.23977/law.2023.020803","url":null,"abstract":"Argumentation and explanation of the formal and substantive justice of the judgment can now be done using judgment reasoning as a visual language tool. However, it is not difficult to find that the poor reasoning brought on by the reasoning of the lack of acceptability of the problem is more prevalent when assessing the existing status quo of judgment papers. In this regard, the paper suggests enhancing the acceptability of the decision as the legal interpretation as the objective of reasoning orientation, enhancing the ability of judges to safeguard the system, implementing measures to increase their power to do so, and implementing multiple measures to enhance their capacity to interpret the law, with a focus on incentives and forcing and encouraging judges to be motivated by reason. Enhancing the reasons behind the judgment document's Acceptability would also help to strengthen the judiciary's credibility and the nation's sense of security.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"41 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":"135844385","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 China's Cross-border Bankruptcy Property Online Auction Rules -- From the Perspective of Chinese Mainland and Hong Kong Cross-border Bankruptcy Recognition and Assistance 中国跨境破产财产网上拍卖规则分析——以中国内地与香港跨境破产认定与协助为视角
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020705
{"title":"Analysis of China's Cross-border Bankruptcy Property Online Auction Rules -- From the Perspective of Chinese Mainland and Hong Kong Cross-border Bankruptcy Recognition and Assistance","authors":"","doi":"10.23977/law.2023.020705","DOIUrl":"https://doi.org/10.23977/law.2023.020705","url":null,"abstract":"In the cross-border bankruptcy system, the online auction system plays an important role in realizing the assets of the bankrupt. Although online auctions have high transparency and transaction rates, there are still risks related to the rights and obligations between different countries, such as technical and transaction security risks. Therefore, to better address these issues, it is necessary to refine the recognition criteria for cross-border bankruptcy recognition and assistance between the two regions, appropriately expand the scope of cross-border bankruptcy recognition and assistance, and establish consistent evaluation rules and measures to improve the efficiency of asset disposal. These measures can effectively solve the cross-border bankruptcy issues in the online auction system and provide theoretical and practical significance for the development of bankruptcy laws.","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":"135500749","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
Comparative Analysis of Visitation Rights Legal Systems between China and the United States 中美探视权法律制度比较分析
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020607
{"title":"Comparative Analysis of Visitation Rights Legal Systems between China and the United States","authors":"","doi":"10.23977/law.2023.020607","DOIUrl":"https://doi.org/10.23977/law.2023.020607","url":null,"abstract":"This article compares the visitation rights legal systems in China and the United States, analyzing differences in legal frameworks, legal principles, visitation rights protection, and judicial practices. In terms of legal frameworks, Chinese law is more centralized and unified, while American law is more decentralized. Regarding legal principles, China emphasizes the best interests of the child, while the United States emphasizes the equal rights of parents. In terms of visitation rights protection, Chinese law focuses on the rights of custodial parents, while American law pays more attention to the rights of non-custodial parents. In terms of judicial practices, China emphasizes the best interests of the child and enforcement difficulties, while the United States encourages negotiation and ensures the execution of court orders. Finally, future development directions are discussed, including cross-border visitation rights protection, technological advancements, non-custodial parent rights protection, improvement of dispute resolution mechanisms, and enhancement of public awareness. This article aims to provide references and insights for improving and enhancing visitation rights legal systems.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"48 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":"135502336","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 Practice of Maritime Cooperation between China and Neighboring States 中国与周边国家海上合作法律实践研究
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020710
{"title":"Study on the Legal Practice of Maritime Cooperation between China and Neighboring States","authors":"","doi":"10.23977/law.2023.020710","DOIUrl":"https://doi.org/10.23977/law.2023.020710","url":null,"abstract":"China is adjacent to the East China Sea, the Yellow Sea and the South China Sea, which are the three marginal seas by the Pacific Ocean, and China's maritime cooperation with its adjacent states is also centered on these three seas respectively. In terms of legal practice, China's maritime cooperation with South Korea and Japan in the Yellow Sea and the East China Sea involves such a variety of fields such shipping, fisheries, environment, science and technology, and maritime delimitation, etc., and China and Southeast Asian states have also established maritime cooperation at the bilateral and multilateral levels. China's maritime cooperation with neighboring states should focus on strengthening the overall strength of maritime cooperation, expanding the fields of maritime cooperation, and attracting more subjects to join in maritime cooperation.","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":"135844042","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 Infringement Risk and Legal Regulation of Generative AI Works 生成式人工智能作品的侵权风险与法律规制
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020704
{"title":"The Infringement Risk and Legal Regulation of Generative AI Works","authors":"","doi":"10.23977/law.2023.020704","DOIUrl":"https://doi.org/10.23977/law.2023.020704","url":null,"abstract":"Generative artificial intelligence is a type of artificial intelligence technology that can automatically generate or modify text, images, audio, video and other content by using large scale language models or deep learning techniques. Generative artificial intelligence has great creativity and influence, which can provide convenience and value for various industries, as well as bring potential risks and challenges. Therefore, the legal regulation of generative artificial intelligence is a complex and dynamic issue, which requires careful and comprehensive analysis and evaluation. This paper briefly compares and analyzes the situation of legal regulation of generative artificial intelligence in the European Union, the United States and China, and puts forward some suggestions and recommendations for legal regulation.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"8 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":"135500747","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 Legal Safeguards for the Utilization of Wet Garbage as a Resource—a Case Study of Shanghai City 湿性垃圾资源化利用的法律保障研究——以上海市为例
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020606
{"title":"Research on Legal Safeguards for the Utilization of Wet Garbage as a Resource—a Case Study of Shanghai City","authors":"","doi":"10.23977/law.2023.020606","DOIUrl":"https://doi.org/10.23977/law.2023.020606","url":null,"abstract":"In 2019, Shanghai took the lead in enacting the first local legislation on mandatory classification of domestic waste, known as the \"Shanghai Municipal Regulation on Domestic Waste Management.\" This legislation has played a crucial role in exploring and practicing waste reduction, resource utilization, and harmless treatment. However, there are still shortcomings in the disposal of wet garbage, including insufficient disposal capacity, immature resource utilization technologies, and overall low level of resource utilization. At the institutional level, there are also issues such as a rigid classification system, lack of targeted institutional design for wet garbage, and inadequate incentives for innovation and promotion of market entities. It is necessary to improve the legal safeguards for the resource utilization of wet garbage by focusing on four aspects: institutional system construction, market system construction, technology system construction, and regulatory system construction.","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":"135500751","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 Conflict and Balance between Public Disclosure of Judicial Documents and Personal Data Protection: An Examination of the Anonymization Mechanism 司法文书公开与个人资料保护的冲突与平衡:对匿名化机制的考察
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020909
{"title":"The Conflict and Balance between Public Disclosure of Judicial Documents and Personal Data Protection: An Examination of the Anonymization Mechanism","authors":"","doi":"10.23977/law.2023.020909","DOIUrl":"https://doi.org/10.23977/law.2023.020909","url":null,"abstract":"The public disclosure of judicial documents has produced numerous positive effects in judicial transparency, fairness, legal public education, risk prevention for societal entities, and specialized education and research across various industries. However, without a clear understanding of the primary functions and value of public disclosure, excessive exposure of litigants' personal information and privacy in these disclosed documents has led to a conflict between public interest and individual rights. It is recommended to prioritize the protection of individual rights and procedural justice, in tandem with the proportionality principle, to achieve public interest objectives with the least infringement on personal rights. By utilizing an anonymization mechanism, a dynamic balance between the public disclosure of judicial documents and personal data protection can be established.","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":"135157744","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 Chattel Mortgage Contract in China's Civil Code 中国民法典中的动产抵押合同研究
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020908
{"title":"Research on Chattel Mortgage Contract in China's Civil Code","authors":"","doi":"10.23977/law.2023.020908","DOIUrl":"https://doi.org/10.23977/law.2023.020908","url":null,"abstract":"Article 403 of the Civil Code of China, which inherits Article 188 of the original Property Rights Law, adopts a registration-against system for chattel mortgages. However, there is still no explicit provision on the effectiveness of unregistered chattel mortgage rights, and the academic community has yet to reach a consensus. This paper focuses on the controversy surrounding the nature of chattel mortgage contracts. After discussing the differences between \"credit contracts\" and \" property right,\" it explores the burden and disposition actions involved in establishing chattel mortgage rights, thus summarizing the property rights attributes of unregistered chattel mortgage rights in China.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"30 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":"135157186","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
Comparative and Legislative Research on Legislative Framework for Universal Jurisdiction in China 中国普遍管辖权立法框架的比较与立法研究
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020802
{"title":"Comparative and Legislative Research on Legislative Framework for Universal Jurisdiction in China","authors":"","doi":"10.23977/law.2023.020802","DOIUrl":"https://doi.org/10.23977/law.2023.020802","url":null,"abstract":"China's attitude to universal jurisdiction, which is a not world-wide accepted definition, shows a change from refuse to accept. At present, the problems of domestic relevant legislative work on universal jurisdiction is, the resource of the power is mainly based on international customary law and domestic law, the violation of the inviolability of international treaties and the violation of the principle of the legality of crimes. To meet the needs of judging international crimes, harmonizing with international criminal law and safeguarding China's national interests, China should amend Article 9 of the General Part of Criminal Law to clarify the scope of application of universal jurisdiction and create new offence in the Special Part of Criminal Law Division to translate international criminal law into domestic law.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"167 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":"135844057","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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