Studies in Law and Justice最新文献_第2页

Rambling on the Development and Alienation of the Feminist Movement in China from the Perspective of Marxist Jurisprudence 马克思主义法学视角下中国女权运动的发展与异化漫谈

Studies in Law and Justice Pub Date : 2023-12-01 DOI: 10.56397/slj.2023.12.14

Weiwen Huang

引用次数: 0

The Classification of Digital Products in Digital Trade Rules Under the WTO 世贸组织数字贸易规则中的数字产品分类

Studies in Law and Justice Pub Date : 2023-12-01 DOI: 10.56397/slj.2023.12.10

Yun Liu

引用次数: 0

The Application of the Crime of Picking Quarrels and Provoking Trouble in Cyberspace in China 网络空间寻衅滋事罪在中国的适用

Studies in Law and Justice Pub Date : 2023-12-01 DOI: 10.56397/slj.2023.12.02

Duoran, Daorentuya, Gegen

{"title":"The Application of the Crime of Picking Quarrels and Provoking Trouble in Cyberspace in China","authors":"Duoran, Daorentuya, Gegen","doi":"10.56397/slj.2023.12.02","DOIUrl":"https://doi.org/10.56397/slj.2023.12.02","url":null,"abstract":"In 2013, The Supreme People’s Procuratorate, the Supreme People’s Court issued “about the use of information network defamation criminal cases of applicable law” (hereinafter referred to as “the interpretation”), the judicial interpretation of article 5 on the Internet intimidation, abuse others or trouble, can also establish stir-up-trouble crime. This article in “Interpretation” expands the scope of the crime of picking quarrels and provoking troubles to cyberspace, forming a mode of the crime of picking quarrels and provoking troubles. Although the introduction of the Interpretation has played a positive role in regulating the behavior of picking quarrels and provoking troubles, the threshold of the crime of picking quarrels and provoking troubles is vaguer than the traditional identification of the crime of picking quarrels and provoking troubles, which to some extent leads to the confusion of the crime of picking quarrels and provoking troubles. Therefore, based on the theory and judicial basis of the crime of picking quarrels and provoking troubles, combined with the actual needs of the current cyberspace governance, it is necessary to study the related problems of the crime of picking quarrels and provoking troubles.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"115 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138608589","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 Remark on the Jurisdiction of the Fair Housing Act over Racial Discrimination in Housing Platforms 关于《公平住房法》对住房平台种族歧视的管辖权的评论

Studies in Law and Justice Pub Date : 2023-12-01 DOI: 10.56397/slj.2023.12.08

Melita Noemi

引用次数: 0

Study on the Determination and the Litigation Procedure Application of the Crime of Cyber Defamation in China 中国网络诽谤罪的认定及诉讼程序适用研究

Studies in Law and Justice Pub Date : 2023-12-01 DOI: 10.56397/slj.2023.12.09

Xinhui Gong, Luyao Ma

{"title":"Study on the Determination and the Litigation Procedure Application of the Crime of Cyber Defamation in China","authors":"Xinhui Gong, Luyao Ma","doi":"10.56397/slj.2023.12.09","DOIUrl":"https://doi.org/10.56397/slj.2023.12.09","url":null,"abstract":"In the incrimination standards of “serious circumstance” of the crime of cyber defamation in Chinese criminal law, distorted data should be excluded from the “quantity standard” and the “quantity standard” should be used only as an auxiliary judgment standard. The “social order” and “the state’s interests” involved as the conditions for public prosecution should be correctly defined, and the simple disturbances of cyberspace order and psychological order cannot be recognized as “seriously undermine social order”. As the landing point of many applicable public prosecution situations, the “adverse social impact” cannot be interpreted through the system to arrive at “seriously undermine social order”. In defamation cases against public figures, the public’s right to freedom of expression and supervision should be taken into account, as well as the public figure’s ability to control social resources. In terms of the applications of litigation procedures, a correct interpretation should be made of the principle of “be investigated only if they are sued”, and the responsibility of public security organs to assist in providing evidence should be implemented. For general cases of cyber defamation, the principle of “be investigated only if they are sued” should be sticked with, and when meeting the conditions for the application of the public prosecution procedures, interests should be weighed between the protection of the public interest and respect for the victim’s wishes, so as to achieve an accurate grasp of the state’s right to public prosecution.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"112 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139025794","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 Boundary of the Reduction of Citizens’ Right to Education in Major Public Emergencies 重大突发公共事件中公民受教育权的减损边界

Studies in Law and Justice Pub Date : 2023-12-01 DOI: 10.56397/slj.2023.12.04

Xiner Ni

{"title":"The Boundary of the Reduction of Citizens’ Right to Education in Major Public Emergencies","authors":"Xiner Ni","doi":"10.56397/slj.2023.12.04","DOIUrl":"https://doi.org/10.56397/slj.2023.12.04","url":null,"abstract":"The boundary of the reduction of citizens’ right to education in major public emergencies is an important practical issue that adheres to the rule of law principle and the bottom line of social justice. Understanding the constitutional connotation of the right to education and judging whether the major public emergencies represented by the COVID-19 pandemic can provide a legitimate basis for its reduction is an important premise for the study of this issue. According to the relevant provisions of China’s Constitution and laws and the academic research on the connotation of the right to education, the right to education is the basic right of citizens, with the dual attributes of right and duty, freedom and social rights, equality and process. According to the theory of “minimum human rights” and “non-derogable rights”, major public emergencies can provide a certain justification for the reduction of the right to education, but this kind of reduction has a boundary. In constructing the boundary of the reduction of the right to education, the bottom line should be that the substance of the right to education should not be violated, the coordination and unity of the individual interests of educated citizens and the social public interests to curb the spread of the epidemic should be the key, and the principle of proportionality should be the guideline.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"99 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138623155","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 Determination of “Basic Security Interests” in the WTO Security Exception Clause 世贸组织安全例外条款中 "基本安全利益 "的确定

Studies in Law and Justice Pub Date : 2023-12-01 DOI: 10.56397/slj.2023.12.12

Shuo Zhao

引用次数: 0

Research on Legal Issues of Homestead Use Right Inheritance 宅基地使用权继承的法律问题研究

Studies in Law and Justice Pub Date : 2023-09-01 DOI: 10.56397/slj.2023.09.07

Yuxin Ma

引用次数: 0

Brief Overview of Targeted Dumping Rules 目标倾销规则概述

Studies in Law and Justice Pub Date : 2023-09-01 DOI: 10.56397/slj.2023.09.02

Linxuan Liu

{"title":"Brief Overview of Targeted Dumping Rules","authors":"Linxuan Liu","doi":"10.56397/slj.2023.09.02","DOIUrl":"https://doi.org/10.56397/slj.2023.09.02","url":null,"abstract":"In light of increasing trade friction between China and developed economies, protecting the legitimate rights and interests of domestic enterprises in anti-dumping investigations is of great importance. Targeted dumping, which emerged during the Uruguay Round negotiations in 1994, has become a central issue in anti-dumping investigations. This paper aims to provide a comprehensive definition of targeted dumping while analyzing its historical evolution from the zeroing method to the concept of targeted dumping, alongside assessing the rules and frameworks for its application in the United States, which have reflected its ambiguity and uncertainty. The paper will also analyze the case of United States - Certain Methodologies and Their Application to Anti-Dumping Proceedings Involving China (“DS471”) and discuss the relevant central issues of targeted dumping. What we would conclude is that by analyzing the findings from the Panel and the Appellate Body of the World Trade Organization (“WTO”) regarding this case and other relevant favorable verdicts of illegality or ineffectiveness of methods used to determine target dumping in recent years in-depth, it would be a benefit for Chinese enterprise from the perspective of the response to the determination of anti-dumping measures regarding target dumping.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"276 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124446540","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

Discussion on Maritime Entitlements of “Disappearing Islands” Under the Situation of Rising Sea Level 海平面上升情况下“消失岛屿”的海洋权益探讨

Studies in Law and Justice Pub Date : 2023-09-01 DOI: 10.56397/slj.2023.09.06

Lei Wang

引用次数: 0