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Challenges and Responses to Intellectual Property Protection in New Industries 新兴产业知识产权保护面临的挑战与对策
Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2022.010305
Jiehua Lu
{"title":"Challenges and Responses to Intellectual Property Protection in New Industries","authors":"Jiehua Lu","doi":"10.23977/law.2022.010305","DOIUrl":"https://doi.org/10.23977/law.2022.010305","url":null,"abstract":": The “new industry” is a new economic or industrial form resulting from the integration of industries in the context of the development of information technology such as the Internet, big data and cloud computing. In terms of structure, the new industry is mainly “heavy” on new technology and “light” on fixed assets; in terms of industrial form, it presents the integration of industrial boundaries and has broad development prospects in terms of market outlook. As an institutional arrangement for stimulating innovative activities, distributing the benefits of innovation and maintaining the order of market competition, the IP legal system is an essential institutional support for the development of new business models. The innovation, diffusion and utilisation of knowledge triggered by the new business has changed significantly in different degrees compared to the traditional business.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"66 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":"116829983","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
Community Interest and International Legal Order 共同体利益与国际法律秩序
Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020208
{"title":"Community Interest and International Legal Order","authors":"","doi":"10.23977/law.2023.020208","DOIUrl":"https://doi.org/10.23977/law.2023.020208","url":null,"abstract":"","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"s3-36 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":"130161078","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 Reform and Perfection of China's Civil Litigation Level System: The Establishment of the Third Trial System as the Main 中国民事诉讼级别制度的改革与完善:以建立三审制度为主要内容
Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2022.010112
Yifei Wang
{"title":"The Reform and Perfection of China's Civil Litigation Level System: The Establishment of the Third Trial System as the Main","authors":"Yifei Wang","doi":"10.23977/law.2022.010112","DOIUrl":"https://doi.org/10.23977/law.2022.010112","url":null,"abstract":"China has been implementing a civil litigation hierarchy based on a system of two trials with final adjudication, supplemented by a trial supervision procedure of retrial, with a view to enabling our civil litigation process to better achieve the established value objectives; over time, this long-running procedural system has revealed serious problems in terms of institutional framework and specific rules. In recent years, the Supreme People's Court has issued a series of relevant policy documents to amend and adjust our civil litigation hierarchy in many aspects, including the criteria for accepting cases, retrial procedures and the elevated jurisdiction system. At present, our civil litigation level system is no longer purely a two-trial final adjudication system, but is closer to the substantive three-trial final adjudication system.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"43 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":"116174405","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 Notarization Function from the Perspective of Family Law 家庭法视角下的公证功能研究
Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020308
Beibei Ren
{"title":"Research on Notarization Function from the Perspective of Family Law","authors":"Beibei Ren","doi":"10.23977/law.2023.020308","DOIUrl":"https://doi.org/10.23977/law.2023.020308","url":null,"abstract":": The notarization system has been in China for decades, and has gradually formed a notarization system with Chinese characteristics in the process of continuous development and improvement. Notarization plays a vital role in the field of family law, especially for complex family law cases, and it often plays an important role in the final discretion of judges. Although the notarization system is of great significance to the trial and implementation of the family law, there are still many universal problems in the family law system in the field of notarization law in China, which need to be constantly optimized and improved. This paper studies the role of notary system in the view of family law. First, it demonstrates the importance of notary in family law and the function of family law. We should find the foothold of family legal service in the perspective of notarization, analyze the problems existing in the notarization system, and put forward effective suggestions to optimize the notarization system, hoping to provide effective reference for the improvement of China's civil litigation and family legal system.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"55 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":"130625633","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 legal issues of high-quality development of China's marine fisheries under the background of digital economy 数字经济背景下中国海洋渔业高质量发展的法律问题研究
Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020405
Yuhan Yang, Ya-zhai Qu
{"title":"Research on the legal issues of high-quality development of China's marine fisheries under the background of digital economy","authors":"Yuhan Yang, Ya-zhai Qu","doi":"10.23977/law.2023.020405","DOIUrl":"https://doi.org/10.23977/law.2023.020405","url":null,"abstract":": After entering the era of digital economy, China’s high-quality development of marine fisheries has ushered in new opportunities, and has increasingly become the key to improving the quality and efficiency of China’s marine economy. The construction of marine database, the development of Internet e-commerce platform, the application of intelligent fishery law enforcement system and the application of big data technology such as marine disaster early warning system provide strong support for the high-quality development of marine fishery in China. However, the legal system related to marine fisheries does not adapt to the rapid growth of the digital economy. There are some problems, such as the weak awareness of fishermen’s Internet law, the lack of laws and regulations in the field of marine fisheries digital economy development, and the imperfect supervision mechanism of marine fisheries digital economy. Based on this, China should strengthen the Internet rule of law publicity for fishermen, strengthen the construction of laws and regulations on marine fishery digital economy, and establish a sound regulatory mechanism for marine fishery digital economy, so as to stimulate the vitality of digital economy and realize the high-quality development of marine fishery in China.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"15 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":"132984285","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
Excavation and Interpretation: A Brief Review of the Principle of Prohibition of Double Jeopardy in the Film "Double Conspiracy" 挖掘与解读:略论电影《双重阴谋》中的禁止双重危险原则
Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020408
Wenle Zheng
{"title":"Excavation and Interpretation: A Brief Review of the Principle of Prohibition of Double Jeopardy in the Film \"Double Conspiracy\"","authors":"Wenle Zheng","doi":"10.23977/law.2023.020408","DOIUrl":"https://doi.org/10.23977/law.2023.020408","url":null,"abstract":": The paper is based on the story background of the movie \"Double Jeopardy\" and digs into the principle of prohibiting double jeopardy during the implication. In the film, Margaret, who is Libby's cellmate after her imprisonment and also a good lawyer, has reminded Libby that if Nick is still alive, she can return the favor to Nick unhindered, because a person cannot be prosecuted twice for the same crime. This prompted the article to ponder the doctrine of double jeopardy from three perspectives: film, jurisprudence, and reason. The article argues that the principle of prohibition of double jeopardy has its research value and application significance both at the theoretical level and at the practical level.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"51 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":"123693145","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 Controversial Issues of Abduction and Trafficking of Women and Children Crime: Legislative and Judicial Strategy Adjustments to Combat Crimes of Abduction and Trafficking 拐卖妇女儿童犯罪争议问题研究:打击拐卖犯罪的立法与司法策略调整
Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020310
Ruoxi Li
{"title":"Study on the Controversial Issues of Abduction and Trafficking of Women and Children Crime: Legislative and Judicial Strategy Adjustments to Combat Crimes of Abduction and Trafficking","authors":"Ruoxi Li","doi":"10.23977/law.2023.020310","DOIUrl":"https://doi.org/10.23977/law.2023.020310","url":null,"abstract":": In recent years, the crime of trafficking has posed a serious threat to social security. At present, the general controversy about the crime of abduction and trafficking of women and children mainly focuses on the determination of the object of the crime. At present, crime has taken on a new shape, which leads to many problems that can not be solved in the current legislation. Therefore, this paper holds that the \"right to personal dignity\" should be defined as the legal interests infringed by this crime. Based on this, this paper further adjusts the legislative and judicial strategies of this crime, and proposes to modify the current \"crime of trafficking in women and children\" into \"crime of trafficking in human beings\", which provides reference opinions for solving the controversial issues of the crime of trafficking in women and children.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"68 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":"128639887","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 Distinction between the Risk of Self-giving in Civil Law and the Crime of Negligence Causing Death in Criminal Law—Taking the Case of Shenyang West Canyon Rushing Slope Off-road as an Example 民法上的自残风险与刑法上的过失致人死亡罪的区别——以沈阳西峡谷冲坡越野为例
Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020406
Jintong Mu, Zhengfeng Lu
{"title":"The Distinction between the Risk of Self-giving in Civil Law and the Crime of Negligence Causing Death in Criminal Law—Taking the Case of Shenyang West Canyon Rushing Slope Off-road as an Example","authors":"Jintong Mu, Zhengfeng Lu","doi":"10.23977/law.2023.020406","DOIUrl":"https://doi.org/10.23977/law.2023.020406","url":null,"abstract":": In some cases, civil law and criminal law are not easy to distinguish the legal nature of voluntary risk-taking and negligent death. Although they have some common points, there are also obvious differences. Correct characterization is the basis of applicable law. On February 19, 2022, Wang's driving vehicle overturned unfortunately during the off-road rush, resulting in the injury of co-driver passenger Xu. When he was rushed to the hospital for rescue, Xu died unfortunately due to the ineffective rescue. This case occurred after the formal implementation of the \"Civil Code of the People's Republic of China\" (hereinafter referred to as the \"Civil Code\"). The \"assumption of risk\" rule that has always been a great voice in the law has also undergone multiple discussions by experts and scholars. Through this case, the article analyzes and explores the self-involvement risk in the' Civil Code' and the crime of negligent death in the criminal law, and qualitatively distinguishes the behavior of the two through the constituent elements of the two.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"40 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":"125619109","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 Realization Path of Consent Withdrawal Right in Personal Information Protection 个人信息保护中同意撤回权的实现路径研究
Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2022.010209
Yunyun Ding
{"title":"Research on the Realization Path of Consent Withdrawal Right in Personal Information Protection","authors":"Yunyun Ding","doi":"10.23977/law.2022.010209","DOIUrl":"https://doi.org/10.23977/law.2022.010209","url":null,"abstract":": With the comprehensive popularization of big data technology, the protection of personal information has gradually become a major challenge that all sectors of society must face. Although the Personal Information Protection Law promulgated by the state and relevant departments provides an objective basis for the protection of citizens' personal information and can protect citizens' legitimate rights and interests, from the present situation, especially for the protection of Internet information, there is still a lack of perfect laws and regulations, which leads to the dead angle of personal information protection and affects the effectiveness of personal information protection. Based on this, this paper focuses on the right of consent withdrawal in the protection of personal information, expounds the present situation of the authorization mode of personal information consent in personal information processing, and analyzes the existing problems. It is hoped that through the research of this paper, we can achieve the effect of attracting jade, and provide reference for the further improvement of relevant laws and regulations.","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":"134365979","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: 1
The Core of Dance Works' Protection in Chinese Copyright Law 我国著作权法中舞蹈作品保护的核心问题
Science of Law Journal Pub Date : 1900-01-01 DOI: 10.23977/law.2023.020403
Rina Su
{"title":"The Core of Dance Works' Protection in Chinese Copyright Law","authors":"Rina Su","doi":"10.23977/law.2023.020403","DOIUrl":"https://doi.org/10.23977/law.2023.020403","url":null,"abstract":": There is no such kind of art which is interpreted by public, is judged emotionally and is explained mysteriously [1]. The issue about how to protect dance work by copyright law triggers many people to discuss. Some Chinese scholars responded this questions with their own opinions like protecting the records of choreography work, protecting the whole things on the stage, protecting the design of actions. The explanation of dance work in many countries’ legislation and in Chinese judicial judgments are different dramatically, which reveals the veil that the connotation of choreography work is complicated. The combination of theater and dance makes dance art become an independent art category. At the same time, it also makes the dancing performance space is still limited in a special area. Network technology has brought new impacts to the dance works’ copyright protection. So it is first to protect design of the action and it is also need to contain other elements that are some necessary materials, like lights, costumes, props and so on. The former is the soul of dance work and the later may be show the author’s originality at sometimes.","PeriodicalId":271650,"journal":{"name":"Science of Law Journal","volume":"53 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":"130300189","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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