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Examination of the Constituent Elements of Liability for Ecological Environmental Damage 生态环境损害责任构成要件审查
Science of Law Journal Pub Date : 2023-01-01 DOI: 10.23977/law.2023.020901
{"title":"Examination of the Constituent Elements of Liability for Ecological Environmental Damage","authors":"","doi":"10.23977/law.2023.020901","DOIUrl":"https://doi.org/10.23977/law.2023.020901","url":null,"abstract":"Establishing liability for ecological and environmental damage is essential for executing compensation, yet there is currently limited research in this field. Studying the theory of liability for ecological and environmental damage can also guide its practical application. This paper examines the constituent elements of such liability, grounded in the polluter pays principle, to contribute to the theoretical research on ecological and environmental damage liability.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"5 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":"135008911","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 Establishment Conditions of the Separation of Accomplice 共犯分离的成立条件
Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020201
Liu Yiting
{"title":"The Establishment Conditions of the Separation of Accomplice","authors":"Liu Yiting","doi":"10.23977/law.2023.020201","DOIUrl":"https://doi.org/10.23977/law.2023.020201","url":null,"abstract":": In the process of joint crime, some accomplices voluntarily give up their behavior and strive to prevent the occurrence of crime, but still fail to prevent the occurrence of results. The issue of accountability has always been a difficult issue in criminal theory and practice. In China's criminal law, there is no concept of separation of accomplice relationships. For the difficulties caused by such accomplice cases in judicial practice, in practice, it is usually regarded as a completed crime, and separation is only a case of discretionary sentencing. The acceptance of accomplices' disengagement from relationships is low. This approach clearly violates the principle of adapting crime, responsibility, and punishment in China, and there are also drawbacks to varying degrees. Therefore, this article introduces the theory of separation of accomplice relations. Based on the investigation of the separation of accomplices at home and abroad, it is believed that different accomplices have different requirements for separation from accomplices due to their different division of labor and stages in accomplices.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116525141","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 Issue of Citizens' Obligation to Comply with the Law 公民遵守法律义务问题研究
Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020505
Ouyang Chenxi
{"title":"A Study on the Issue of Citizens' Obligation to Comply with the Law","authors":"Ouyang Chenxi","doi":"10.23977/law.2023.020505","DOIUrl":"https://doi.org/10.23977/law.2023.020505","url":null,"abstract":": \"Bad law is illegal\" or \"Bad law is also law\"? This eternal question in the philosophy of law has triggered the thinking of countless lawyers. The essence of this question is that if a law is bad, do we still need to abide by it? In the biography of Gandhi, Gandhi once said, \"There will always be unjust laws, just as there will always be unjust men.\" From time immemorial, from Hammurabi's code to the two major legal systems of common law and civil law nowadays, the development of law has never stopped. There is never an end to it, but no matter how the law develops, it can never be in line with the standard of fairness and justice in the heart of every citizen, and at this time, what is the driving force that supports every citizen in abiding by the law? For citizens who disagree with the law, is it their obligation to abide by it? This paper will analyze why citizens do not abide by the law, analyze the current motivation and status of law-abiding in our country, and propose suggestions to encourage citizens to abide by the law.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116565088","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 on the Impact of International Commercial Law on the Belt and Road Initiative 国际商法对“一带一路”建设的影响分析
Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020510
Bin Luo
{"title":"Analysis on the Impact of International Commercial Law on the Belt and Road Initiative","authors":"Bin Luo","doi":"10.23977/law.2023.020510","DOIUrl":"https://doi.org/10.23977/law.2023.020510","url":null,"abstract":": In order to better adapt to the development of globalization, strengthen exchanges and cooperation between China and neighboring countries, and coordinate the development of regional economic integration, China put forward the Belt and Road initiative in 2013. However, there are many countries around the \"Belt and Road\", and different countries have different religious beliefs and cultural habits. It is easy to have a series of disputes in the process of exchanges and cooperation between countries. In this context, the paper explores the impact of international commercial law on the Belt and Road initiative based on the legal background.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"118 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122326248","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
Pragma-Dialectical Argumentative Studies on International Court of Arbitration for Sport 国际体育仲裁法庭的语用辨证论证研究
Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020404
Gou Jia
{"title":"Pragma-Dialectical Argumentative Studies on International Court of Arbitration for Sport","authors":"Gou Jia","doi":"10.23977/law.2023.020404","DOIUrl":"https://doi.org/10.23977/law.2023.020404","url":null,"abstract":": From pragma-dialectical argumentation theory, model of critical discussion and triangle of strategic maneuvering can deal with argumentative discourse normatively and descriptively, which remains logical framework and offers effective and flexible space for strategic maneuvering. Argumentative reconstruction under pragma-dialectical perspective provides the language approach of pragmatic trace of argumentative participants to further explore interactive principles, argumentative strategies and persuasive effects of rhetorical generation mechanism of International Court of Arbitration for Sports (ICAS) judicial language, which reflects paradoxical, independent and flexible institutional features of ICAS. Further, it has been discovered that there are sub-optimal settings both in trial discourse and arbitration text. Argumentative moves in sub-optimal settings are not into reasonable judgement of pragma-dialectical argumentation theory but it is still persuasive with operation of triangle of strategic maneuvering powered by the stimulus of strategic maneuvering.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114875355","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 optimization of administrative regulations supervision and operation—from the perspective of supervision and supervision cooperation 行政法规监管与运行优化研究——基于监管与监管合作的视角
Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020504
Wenxian Zhang
{"title":"Research on the optimization of administrative regulations supervision and operation—from the perspective of supervision and supervision cooperation","authors":"Wenxian Zhang","doi":"10.23977/law.2023.020504","DOIUrl":"https://doi.org/10.23977/law.2023.020504","url":null,"abstract":": With the deepening of the national anti-corruption work, the role of administrative regulations supervision is becoming more and more important. It is of great significance to coordinate the operation of national supervision and administrative regulations supervision laws and regulations to promote administrative regulations supervision and improve the effect of supervision. Give full play to the power and potential of administrative regulations supervision laws and regulations, and always maintain innovation and explore the theory and practice of strengthening administrative regulations supervision. We will give full play to the synergy with state supervision and supervision, promote organic integration and coordination of the two oversight, grasp the law of power governance, and solve practical oversight problems.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126417217","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 Protection of "Digital Inadvantaged Group" “数字弱势群体”的法律保护研究
Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020109
Wang Bingwu
{"title":"Research on Legal Protection of \"Digital Inadvantaged Group\"","authors":"Wang Bingwu","doi":"10.23977/law.2023.020109","DOIUrl":"https://doi.org/10.23977/law.2023.020109","url":null,"abstract":": The world is currently experiencing rapid Internet technology development, marking the onset of the \"digital age\". As this transition unfolds, human rights protection in the digital age is increasingly prominent, with the rights of \"digital vulnerable groups\" coming under threat. The primary threats to \"digital vulnerable groups\" are twofold: first, information resource asymmetry that leaves their rights invisible and vulnerable, and second, strong digital infringement concealment that often makes it difficult to identify members of \"digital vulnerable groups\". Protecting the rights of \"digital vulnerable groups\" should focus on two key aspects: first, redistributing information resources to benefit these groups, and second, reversing the burden of proof so that the tort subject bears the burden of proof","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122242610","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 Perfection of the Legal System under the Background of the Reform of State-Owned Enterprises 国有企业改革背景下的法律制度完善研究
Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020410
Jian Cui
{"title":"Study on Perfection of the Legal System under the Background of the Reform of State-Owned Enterprises","authors":"Jian Cui","doi":"10.23977/law.2023.020410","DOIUrl":"https://doi.org/10.23977/law.2023.020410","url":null,"abstract":": The reform of SOEs is a complex and relatively long-term work, and maintaining the leading position of SOEs in this process is a prerequisite. However, in the process of reform of SOEs, there is a problem of imperfect legal system, leading to the failure of some SOEs to achieve the expected results. Therefore, this paper focuses on analyzing the defects of the existing legal system in the reform of SOEs, and provides advise to improve the system from the aspects of clarifying the status of the main body of property rights, improving the information disclosure mechanism, and establishing the legal system of the executive compensation system, so as to provide reference for promoting the reform of SOEs in the new era.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116191727","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 practice of the system of 'who enforces the law and who popularizes the law' in Liaoning Province 辽宁省“谁执法、谁普及”制度的实践研究
Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020507
Xiaoqi Ren
{"title":"Research on the practice of the system of 'who enforces the law and who popularizes the law' in Liaoning Province","authors":"Xiaoqi Ren","doi":"10.23977/law.2023.020507","DOIUrl":"https://doi.org/10.23977/law.2023.020507","url":null,"abstract":": In 2017, the General Office of the Central Committee of the Communist Party of China and The General Office of the State Council issued the Opinions on the implementation of the responsibility system of the State organs \"Who law enforcement who law popularization\". Liaoning provincial government departments carried out the responsibility system practice of \"who law enforcement who law popularization\" in accordance with the requirements of the opinions. At present, the pattern of \"general Law popularization\" in Liaoning Province has basically taken shape, and the cities have implemented the responsibility system of law enforcement and law popularization around social hot legal issues, and made certain achievements in innovating the working methods and methods of law popularization. However, there are still two major problems, namely, the lack of integration between law popularization and law enforcement, and the insufficient evaluation of implementation effects. Combining with the background of the introduction of the system, deepening the understanding of the system of \"law enforcement who promulgates the law\" and improving the relevant supporting systems of the responsibility system of \"law enforcement who promulgates the law\" are the key for Liaoning Province to solve the existing problems in the implementation process of the responsibility system of law enforcement who promulgates the law\".","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116815986","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 crime in ancient China—From the perspective of Tang Dynasty 中国古代共同犯罪研究——以唐代为视角
Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020108
{"title":"Research on joint crime in ancient China—From the perspective of Tang Dynasty","authors":"","doi":"10.23977/law.2023.020108","DOIUrl":"https://doi.org/10.23977/law.2023.020108","url":null,"abstract":"","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124083960","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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