Science of Law Journal最新文献_第7页

Basic Legal Framework of Hardship Clause and Comparative Research 困难条款的基本法律框架及比较研究

Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020202

引用次数: 0

An analysis of the adjudication suspension procedure—a contract dispute as an example 裁判中止程序分析——以合同纠纷为例

Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020509

Cheng Yan

引用次数: 0

Analysis of the Status Quo of Intellectual Property Protection in China in the Era of Big Data 大数据时代中国知识产权保护现状分析

Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020501

You Li, H. S. Law

引用次数: 0

The Crime of "Pig-butchering Scams" in the Securities Market and Legal Regulation 证券市场“宰猪诈骗”犯罪与法律规制

Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020106

引用次数: 0

Study on improving the legislation of domestic carriage of goods by water 完善国内水上货物运输立法的研究

Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020503

Shi Changyan

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Legal Issues Related to Access to Overseas Arbitration Institutions 进入境外仲裁机构的法律问题

Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020309

Yanxi Yan, Le Peng, Qianyu Ge

{"title":"Legal Issues Related to Access to Overseas Arbitration Institutions","authors":"Yanxi Yan, Le Peng, Qianyu Ge","doi":"10.23977/law.2023.020309","DOIUrl":"https://doi.org/10.23977/law.2023.020309","url":null,"abstract":": In the context of economic globalization and internationalization, the construction of an arbitration center has also been put on the agenda. All countries in the Asia-Pacific region, including China, have opened the arbitration market accordingly. In recent years, China has also encouraged the entry of overseas arbitration institutions, but there are still some urgent problems to be solved. For example, relevant arbitration by two types of overseas arbitration institutions will lead to disputes and discussions. That is to say, arbitration by, for example, two types of overseas arbitration institutions will cause disputes and discussions. That is, arbitration by overseas arbitration institutions in China is found to have no legal effect, although China has set up relevant pilot areas for testing. However, this paper aims to explore the legal framework of overseas arbitration institutions in China, which is the main obstacle to the smooth arbitration of overseas arbitration institutions in China. This paper aims to expound the development status, access standards and obstacles of overseas arbitration institutions in China, so as to put forward their own views and suggestions. This paper aims to expound the development status, access standards and obstacles of overseas arbitration institutions in China, so as to put forward their own views and suggestions.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"1 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":"130323811","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 Reciprocity Principle in Recognition and Enforcement of Foreign Judgements: Dilemma and Solutions 外国判决承认与执行中的互惠原则:困境与解决

Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020303

Chunlong Xu

引用次数: 0

On the Production of Estate Inventory in the Civil Code—A Comparative Perspective between China and Foreign Countries 论民法典中财产清单的产生——中外比较视角

Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020102

引用次数: 0

Breakthrough and Innovation in the Revised Vocational Education Law 职业教育法修订中的突破与创新

Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020506

Han Yang

引用次数: 0

Judgment of Abstract Danger in the Crime of "Dwi" Dangerous Driving in China 中国“酒后驾车”危险驾驶罪的抽象危险判断

Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020502

Bowen Xue

{"title":"Judgment of Abstract Danger in the Crime of \"Dwi\" Dangerous Driving in China","authors":"Bowen Xue","doi":"10.23977/law.2023.020502","DOIUrl":"https://doi.org/10.23977/law.2023.020502","url":null,"abstract":": Since the criminalization of driving while intoxicated (DWI), the number of cases has been rising, which has brought certain pressure on judicial resources. There are different criteria for the judicial organs to determine that a perpetrator commits a “DWI” dangerous driving offense, and there are different judgments in the same case. For the judgment of DWI, the judicial organ should start with the method of substantive interpretation, and only when the standard of “beyond reasonable doubt” is reached can a perpetrator be determined to commit DWI. At objective element level, the judicial organ cannot judge that a perpetrator commits a crime only based on the behavior of the perpetrator that meets the requirement of elements of the crime, the judicial organ should scientifically and reasonably determine the elements of the crime, so as to determine whether a perpetrator commits DWI offense. At the subjective element level, the judicial organ should specifically determine the subjective factors of awareness and will of the perpetrator in combination with objective evidence. At the same time, China should standardize the criteria for determining and incriminating this crime, reduce the phenomenon of different sentences in the same case, and show the direction for the trade-off between efficiency and fairness in judicial practice.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"17 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":"125274741","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