发布求助
文献互助 智能选刊 最新文献

Studies in Law and Justice最新文献

筛选
英文 中文
The Dilemma and the Way out of the Security Zone System in International Law in Armed Conflict 武装冲突中国际法安全区制度的困境与出路
Studies in Law and Justice Pub Date : 2022-11-01 DOI: 10.56397/slj.2022.11.02
Pan Chen
{"title":"The Dilemma and the Way out of the Security Zone System in International Law in Armed Conflict","authors":"Pan Chen","doi":"10.56397/slj.2022.11.02","DOIUrl":"https://doi.org/10.56397/slj.2022.11.02","url":null,"abstract":"Safe havens as humanitarian operations are often found in the midst of armed conflict, providing shelter to people in extreme situations. As a way of responding to mass displacement and protecting lives, they have played an irreplaceable and positive role in armed conflicts. In armed conflict, people in safe havens are provided with physical protection and humanitarian assistance, but in past practice, safe havens have not always been effective and reliable in achieving these goals. Therefore, it is necessary to further understand the security zone within the framework of international law, remove the obstacles that prevent the security zone system from being effective, and enhance the stability and effectiveness of the security zone within the framework of international law.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126355436","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 of the Market Definition of Non-Intermediary Service Platform in Antitrust Law 反垄断法中非中介服务平台的市场界定分析
Studies in Law and Justice Pub Date : 2022-11-01 DOI: 10.56397/slj.2022.11.01
Huimin Yu, Jiangling Liu
{"title":"Analysis of the Market Definition of Non-Intermediary Service Platform in Antitrust Law","authors":"Huimin Yu, Jiangling Liu","doi":"10.56397/slj.2022.11.01","DOIUrl":"https://doi.org/10.56397/slj.2022.11.01","url":null,"abstract":"The judgment of the definition of market to the Internet platform has become the focus of the implementation of the Antitrust Law, but due to the huge differences between the Internet platform and the traditional industry, the traditional method of the market definition has lost its due role. After an in-depth analysis of the existing types of Internet platform economy, a new classification method is proposed, that is, the Intermediary Trading Platform and the Non-intermediary Service Platform. Combined with the unique characteristics of Non-intermediary Service Platform, it is found that these characteristics cause many problems, such as the difficulty of choosing the benchmark services, the analysis dilemma of profit sources, the failure of the traditional SSNIP test method, and the challenge of cross-support power measurement. After comprehensively measure the above problems, based on the behaviorism mode, according to the characteristics of Non-intermediary Service Platform, in the market definition requires the combination of the platform’s service independence, traffic support relationship, profit ownership, select the benchmark services can reflect the platform or specific service anti-competition effect, and improve the SSNDQ test, make it more to frame the market scope, provide real alternative for the subsequent market dominance and abuse and concentration review of judgment.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114880644","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 Risks and Control of Judicial Application of Legal Doctrine 法律主义司法适用的风险与控制
Studies in Law and Justice Pub Date : 2022-11-01 DOI: 10.56397/slj.2022.11.03
Q. Tang
{"title":"The Risks and Control of Judicial Application of Legal Doctrine","authors":"Q. Tang","doi":"10.56397/slj.2022.11.03","DOIUrl":"https://doi.org/10.56397/slj.2022.11.03","url":null,"abstract":"In judicial practice, the judicial application of legal doctrine is necessary and reasonable, but its application is still in an irregular and risky state, because the theoretical and practical communities have failed to conduct orderly and effective dialogue and communication in this process. Due to the characteristics of the stage of development of legal doctrine itself, the lack of positive interaction between the theoretical and practical circles, as well as the difficulty of integrating legal doctrine into the judiciary and other problems exist, which will lead to the abstraction of the argumentation of the reasoning of the judges, the decline of the credibility of judicial decisions, the reduction of the attributes of judicial authority and other risks. In order to effectively prevent these risks, legal doctrine in judicial practice should comply with the principles of strengthening judicial authority as the ultimate goal, strengthening the status of legal subjects as the fundamental starting point, and solving practical problems as the guide.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130035078","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 Xi Jinping Thought on the Rule of Law on the Coordinated Promotion of Domestic and Foreign-Related Rule of Law
Studies in Law and Justice Pub Date : 2022-11-01 DOI: 10.56397/slj.2022.11.04
Jing Huang, Yan Shao
{"title":"Research on Xi Jinping Thought on the Rule of Law on the Coordinated Promotion of Domestic and Foreign-Related Rule of Law","authors":"Jing Huang, Yan Shao","doi":"10.56397/slj.2022.11.04","DOIUrl":"https://doi.org/10.56397/slj.2022.11.04","url":null,"abstract":"Xi Jinping Thought on the Rule of Law is the fundamental rules and guideline for law-based governance, among which the coordinated promotion of domestic and foreign rule of law, as one of the contents of Xi Jinping Thought on the Rule of Law, is a strategic judgment based on internal and international imperatives, rooted in China’s rule of law practice and coped with the international situation. To comprehensively understand and implement the vision of coordinating domestic rule of law and foreign-related rule of law, we need to grasp it from three aspects, including internal relationship, practical relevance, implementation path and basic value. Building the rule of law in China, dealing with economic and trade disputes, and building a community with a shared future for mankind all require the coordinated promotion of both. In the process of promoting domestic rule of law and foreign-related rule of law in a coordinated manner, efforts can be made in three aspects: legislation, personnel training and legal services in foreign-related fields.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129665604","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 Dilemma and the Way out of Marine Protected Area Issues in BBNJ Negotiations: Benefit Sharing as a Perspective BBNJ谈判中海洋保护区问题的困境与出路:利益分享的视角
Studies in Law and Justice Pub Date : 2022-11-01 DOI: 10.56397/slj.2022.11.06
Zhinan Luo
{"title":"The Dilemma and the Way out of Marine Protected Area Issues in BBNJ Negotiations: Benefit Sharing as a Perspective","authors":"Zhinan Luo","doi":"10.56397/slj.2022.11.06","DOIUrl":"https://doi.org/10.56397/slj.2022.11.06","url":null,"abstract":"Part XIII & XIV of UNCLOS pointed out that significant differences in scientific and technical capacity hinder access to and use of marine genetic resources by all. In this paper, we analyze the dilemma and the way out of the issue of marine protected areas in the BBNJ negotiations and how China should respond from these two focuses.","PeriodicalId":377631,"journal":{"name":"Studies in Law and Justice","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130545338","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
首页 上一页
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整，为了账户安全，请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们：info@booksci.cn Book学术提供免费学术资源搜索服务，方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号：604180095
Book学术官方微信