Studies in Law and Justice最新文献

{"title":"An Analysis of Legal Doctrines and Regulations for Genetic Privacy","authors":"Samuel F. Crowell","doi":"10.56397/slj.2023.06.05","DOIUrl":"https://doi.org/10.56397/slj.2023.06.05","url":null,"abstract":"This paper explores the current state of genetic privacy, including the legal regimes of different countries, technological advances, and the scope of genetic privacy protection. The article also examines the judicial protection of genetic privacy, including legal means for data leakage and misuse. The study concludes that there are currently few legal doctrines or regulations that provide adequate protection for individuals and that it may be time to shift attention towards considering how and under what conditions to use genetic data while addressing the trade-offs between individual and societal interests.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121591296","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}

{"title":"Exploring Juvenile Delinquency from the Perspective of Routine Activity Theory in Criminology","authors":"Danruo Wang","doi":"10.56397/slj.2023.06.03","DOIUrl":"https://doi.org/10.56397/slj.2023.06.03","url":null,"abstract":"Juvenile Delinquency has always been a significant proportion of criminal cases in China, and despite a series of policies aimed at curbing it, the effect has been minimal. The types of juvenile delinquency are mainly violent and predatory, and they involve certain contact or connection between the offender and the victim. This is in line with routine activity theory in criminology, which can be used to prevent victimization and reduce adolescent crime. However, before applying the theory, it is necessary to analyze the essential factors of adolescent crime from this perspective. This paper is based on this analysis.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"65 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122866594","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}

{"title":"Research on Criminal Risk Analysis and Governance Mechanism of Generative Artificial Intelligence such as ChatGPT","authors":"Yifeng Tong","doi":"10.56397/slj.2023.06.13","DOIUrl":"https://doi.org/10.56397/slj.2023.06.13","url":null,"abstract":"The launch of ChatGPT marks a breakthrough in the development of generative artificial intelligence (generative AI) technology, which is based on the collection and learning of big data as its core operating mechanism. Now the generative AI has the characteristics of high intelligence and high generalization and thus has led to various criminal risks. The current criminal law norms are inadequate in terms of the attribution system and crime norms for the criminal risks caused by the generative AI technologies. Thus, we should clarify the types of risks and governance challenges of generative AI, clarify that data is the object of risk governance, and establish a pluralistic liability allocation mechanism and a mixed legal governance framework of criminal, civil, and administrative law on this basis.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130357798","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}

{"title":"Privacy Protection of Public Figures in China—The Case of Yundi Li’s Prostitution","authors":"Yanbing Wang","doi":"10.56397/slj.2023.06.15","DOIUrl":"https://doi.org/10.56397/slj.2023.06.15","url":null,"abstract":"Since the birth of the right to privacy, more and more attention has been paid to the protection of the right to privacy. In China, since the introduction of privacy rights from the West, the protection of privacy rights has been focused on civil law, while the protection of privacy rights in legislation and judicial practice in other branches of law has only been superficial but not in-depth. The effect of civil law on the protection of privacy rights is undeniable, especially after the introduction of the Civil Code, which provides more thorough and complete regulations on privacy rights in the field of civil law. However, with the development of society, relying on civil law alone to protect the right to privacy has become a challenge. The protection of the right to privacy of public figures is even more lacking. For example, the case of Li Yundi’s prostitution, which was publicly reported by the Beijing Chaoyang Public Security Bureau on 21 October 2021, reveals the loopholes in the protection of privacy and the privacy of public figures in China. Firstly, civil law in China has been effective in protecting the right to privacy, but in this case, the right of public security to disclose Li Yundi’s private life involves the infringement of citizens’ privacy by public power. Secondly, in China, public figures are often involved in the public interest, and it is the consensus of the academia and society as a whole that anyone in conflict with the public interest should give way to the public interest. However, in judicial practice, the author believes that it is unfair to treat public figures and ordinary citizens differently in terms of privacy rights when the public interest is not seriously endangered. Therefore, this article aims to analyse the current status and shortcomings of the legislation and judicial practice on the protection of the privacy of public figures in China on the basis of the right to privacy and the privacy of public figures, and to draw on the advanced experience of other countries in order to establish and improve the privacy protection mechanism of public figures in China.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125622216","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}

{"title":"Research on the Properties of Rights Related to Online Accounts","authors":"Zeyu Zheng","doi":"10.56397/slj.2023.06.16","DOIUrl":"https://doi.org/10.56397/slj.2023.06.16","url":null,"abstract":"Account-based virtual property (or “network account”) is a new type of property born in the digital age. By registering, users sign a service contract with an operator to obtain an exclusive account. Regarding the properties of their related rights, our laws are not clear, so they are prone to legal disputes. It was found that these rights are claims arising from service contracts, but they have the characteristics of property rights. This is the same as the theory of “materialization of claims”, which is contrary to the theory of dichotomy of property and debt. Therefore, if we take the “materialization of claims” of leasing rights as a reference, we can analyze the properties of rights related to network accounts and interpret some real problems with the conclusion.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"27 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114118048","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}

{"title":"Research on Criminal Regulation of Internet Violence Behavior","authors":"Qi Liu, Zihan Wang","doi":"10.56397/slj.2023.06.11","DOIUrl":"https://doi.org/10.56397/slj.2023.06.11","url":null,"abstract":"In the contemporary society, “violence” is no longer a simple physical injury, with the continuous development of Internet technology, the phenomenon of network violence is becoming more and more intense. For example, netizens encouraged “cat or cat” to commit suicide by drinking pesticide live broadcast, and malicious network blasting caused teachers’ heart attack to tragedy, such as “rice circle human flesh search”, abusive war and so on. These events are different from the physical harm behavior in the real world, but they also fully expose the serious social harm of network violence. Therefore, so as to valid combat online violence, it is necessary to improve the legal system and fully leverage the role of criminal law and legal norms. In order to promote the maturity of the criminal law system of network violence, this paper will discuss the legitimacy of the criminal system of network violence, so as to promote the maturity of the legal system of network violence.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"111 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121382025","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}

{"title":"The Confusion and Correction of the Technical Investigator System","authors":"Xuesong Wu, Hongyou Wang","doi":"10.56397/slj.2023.03.09","DOIUrl":"https://doi.org/10.56397/slj.2023.03.09","url":null,"abstract":"State Intellectual Property Office of China (SIPOC) issued the Provisions on the Participation of Technical Investigation Officers in Administrative Decisions on Patent and IC Layout Design Infringement Disputes (Provisional) in 2021, which is a further improvement of the refined technical investigation officer system, but the “multiple selective” type of service and the “one-person court appearance” model are obvious drawbacks. The disadvantages of the “multi-selective” mode of service and “one person in court” are obvious, and the mode of service of the technical investigator is worth exploring. Should optimize the number of technical investigators in court and the establishment of “full-time driven by part-time” with the mechanism, change the full confidentiality and objectivity of the technical investigation opinions for moderate disclosure, limiting the participation of expert jurors in the first trial of difficult technical facts, with the conflict of rank rules, refining the new rules to identify the problem of difficult cases of opinion attributes.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133972849","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}

{"title":"Epistocracy or Democracy—The Place of the Common Person in Constitutional Amendment in Kenya","authors":"M. Wekesa, Ann W. Kinyua","doi":"10.56397/slj.2023.03.07","DOIUrl":"https://doi.org/10.56397/slj.2023.03.07","url":null,"abstract":"Epistocracy is the rule by the elite while democracy entails the rule of the people by the people for the people. The common person is supposed to have space to determine how they wish to be governed. Kenya’s constitution provides that all sovereignty belongs to the people. And that such sovereignty can be exercised either directly or indirectly through elected representatives and established institutions. With respect to constitutional amendments, the people can participate through either a popular initiative or a parliamentary initiative. Both routes could eventually require the direct participation of the people through a referendum. In some other jurisdictions, amendment of the constitution is a preserve of the legislature. In others, reference is always made to the common person. In Kenya, the law is not clear on ‘who’ can initiate an amendment to the constitution through the popular initiative. The common person in Kenya is poor; can’t afford necessities of life like food and healthcare; and to some extent, forms a large segment of the illiterate population. The common person relies on the benevolence of the elite and is easily influenced by them to even vote in a certain way. This situation would appear to make the concept of democracy a mirage. This paper examines the place of the common person in various attempts at amending the 2010 Constitution. It is argued that though the common person is legally empowered to participate in constitutional amendments, the reality is that it is the epistographs who determine such constitutional changes. Recommendations on improving the level of participation of the common person in constitutional amendments are postulated to include continuous and enhanced ‘awareness’ seminars as well as improving underlying social conditions such as access to food, health and education.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130953083","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}

{"title":"Intellectual Property: Legal Provisions and Legal Cases in Nepal","authors":"Rashesh Vaidya","doi":"10.56397/slj.2023.03.04","DOIUrl":"https://doi.org/10.56397/slj.2023.03.04","url":null,"abstract":"Strengthening the legal protection of intellectual property (IP) is a major concern for entrepreneurs, inventors, and intellectual communities. It is accountable to the nation to protect its indigenous technology by strengthening its legal footing. Nepal, being a member of the World Trade Organization, is bound to develop a legal framework for the protection of intellectual property. Hence, the country has updated the laws related to IP within the Constitution, Acts, and Rules. There are an increasing number of legal conflicts arising regarding intellectual property in the courts of Nepal. The paper deals with the decisions forwarded on IP-related cases by the Supreme Court of Nepal. In the context of Nepal, an issue or complaint related to IP is initially filed at the Department of Industry as per the prevailing legal provisions relevant to IP. If the settlement is not confined to the department, then the case is forwarded to the District Court. The district-level court settled most IP-related legal cases in Nepal. Further, if the district-level court does not settle the case, it is then appealed to the High Court (then the Appellate Court). Few IP-related legal cases have reached the jurisdiction of Nepal’s Supreme Court, where they have been quashed on appeal, upheld lower-level court judgments, or even upheld or defended the decision of the Department of Industry or the Copyright Registrar’s Office. Nevertheless, given the dynamic nature of the business environment, the court of law should also go for amicus curiae for a better understanding of the crimes and to give a proper judgment on IP-related cases. At the same time, the government of Nepal needs to enact the necessary acts to show a commitment to the promise made in an international arena like the World Trade Organization.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131367948","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}

{"title":"Child Pornography Is Showing Participation a Person Under the Age of 18 in Sexual Intercourse","authors":"Siniša Franjić","doi":"10.56397/slj.2023.03.05","DOIUrl":"https://doi.org/10.56397/slj.2023.03.05","url":null,"abstract":"Child pornography means any video or image showing a person under the age of 18 engaging in sexual intercourse, showing the genital or anal area of a person under the age of 18 for sexual reasons, or any document supporting sexual intercourse with minors. Child pornography is among the most widespread forms of crime on the Internet. Child pornography is spread by pedophiles to create a personal collection, exchange material with other pedophiles, or create new material and child prostitution. Child pornography is illegal in most world jurisdictions. Convictions for possession of child pornography also usually include prison sentences, but these sentences often translate into suspended sentences for perpetrators.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126744117","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}