Lecture Notes in Education Psychology and Public Media最新文献

{"title":"Incorporation Control of Standard Terms: The Approaches of Chinese Civil Code","authors":"Zhehan Chen","doi":"10.54254/2753-7048/55/20240040","DOIUrl":"https://doi.org/10.54254/2753-7048/55/20240040","url":null,"abstract":"With the advantages of governing an enormous range of transactions and improving the efficiency, standard terms are increasingly being applied to commercial transactions nowadays. The standard terms refer to the non-negotiated terms presented to consumers on a take-it-or-leave-it basis and the incorporation control refers to whether the standard terms can become a part of the contract. In this paper, the author adopts the article analysis method, the comparative study method and the case analysis method to interpret the Chinese latest legislation on the incorporation control of standard terms. According to Article 496(2) of the Civil Code of the Peoples Republic of China, the incorporation control includes following five elements: (1) determining rights and obligations in accordance with the principle of fairness, (2) the providers obligation of calling attention, (3) the providers obligation of giving explanations, (4) the commitment of the counterparty, (5) the legal effect of violating the incorporation control.","PeriodicalId":474531,"journal":{"name":"Lecture Notes in Education Psychology and Public Media","volume":"64 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141376734","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":"Analysis of Article 6 of the ECHR: In Recognition and Enforcement of Civil Judgments among European Countries","authors":"Jia Liu","doi":"10.54254/2753-7048/55/20240041","DOIUrl":"https://doi.org/10.54254/2753-7048/55/20240041","url":null,"abstract":"The right to a fair trial under Article 6 of the European Convention on Human Rights plays a crucial role in procedural protection in the recognition and enforcement of judgments within the European sphere. While the European Court of Human Rights has developed various scrutiny standards for judgments of different statuses by contracting states to safeguard procedural rights under Article 6 of the Convention, there is still a lack of systematic clarification regarding the application sequence of relevant scrutiny rules in the judicial practice of the Court. This paper analyzes the Court's application sequence of rules through the examination of existing case rules and interpretation of recent cases. The study finds that in judicial practice, the Court examines the admissibility criteria based on the standard of \"crucial importance of the judgment for the parties\"; after meeting the admissibility criteria, the Court applies the \"equivalent protection standard\" to determine exceptions where contracting states do not require scrutiny; in cases requiring scrutiny, the Court guides its scrutiny scope based on the rules established in the Saccoccia case.","PeriodicalId":474531,"journal":{"name":"Lecture Notes in Education Psychology and Public Media","volume":"71 s297","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141376594","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":"Dispute of the Illegality of Marital Rape under Chinese Law","authors":"Zilan Ke","doi":"10.54254/2753-7048/55/20240051","DOIUrl":"https://doi.org/10.54254/2753-7048/55/20240051","url":null,"abstract":"Marital rape is a prevalent form of sexual violence that exists worldwide. Due to its occurrence within the context of marriage, it possesses certain nuances, leading to ongoing debates on whether it should be considered a crime or not. In comparative law, many countries have already included marital rape within their legal systems for assessment and evaluation. However, China still lacks legislation addressing this issue, resulting in inconsistent verdicts for similar cases. In light of the development history of marital rape in comparative law, the current focus of the academic community in China revolves around the points of contention and the study of typical cases. This article posits that although entering into a marital relationship confers certain status upon women, the protection of women's sexual autonomy remains indispensable, and the sexual autonomy of married women should still be considered within the framework of criminal law. Nevertheless, given the distinctive characteristics of the marital relationship, it is necessary to devise new regulations for the recognition and application of marital rape.","PeriodicalId":474531,"journal":{"name":"Lecture Notes in Education Psychology and Public Media","volume":"31 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141378705","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 Development and Construction of Confucius Institutes in Portugal under the Belt and Road Initiative","authors":"Hong Huang","doi":"10.54254/2753-7048/55/20240029","DOIUrl":"https://doi.org/10.54254/2753-7048/55/20240029","url":null,"abstract":"The Belt and Road Initiative (BRI) was proposed by President Xi Jinping during his visits to Central Asia and Southeast Asia in 2013, advocating for collaborative development with countries along the route. Spanning across the continents of Asia and Europe, the Indian Ocean, and the western Pacific, the BRI involves 64 countries with a total population of over 3 billion and a combined GDP accounting for nearly 20% of the global economy, holding significant strategic importance. Historically, the BRI serves not only as a platform for commercial trade but also as a medium for cultural exchanges among the countries along its route. In reality, embracing cultural diversity aligns with the collaborative development goals of the BRI, promoting cultural and civilizational exchanges among nations, achieving holistic cultural complementarity, and fostering social harmony and development. In recent years, Chinese language education has been included in the educational systems of European, Latin American, and African countries alongside languages such as French, Russian, and Spanish. In the context of increasingly integrated global interests, Chinese language education has gained more attention. To internationalize and diversify Chinese language education, the term Confucius Institute was coined. Drawing on international experience, the Chinese government has established numerous Confucius Institutes and classrooms overseas. Among them, Portugal is one of the European countries with the closest cooperation with China in education, language, and humanities. With the comprehensive development of Sino-Portuguese relations, more opportunities have arisen for Sino-Portuguese language and cultural exchanges, expanding the development prospects of Confucius Institutes. Currently, the four main Confucius Institutes jointly established by major universities in Portugal are: Minho University Confucius Institute, University of Lisbon Confucius Institute, University of Aveiro Confucius Institute, and University of Coimbra Confucius Institute. Each Confucius Institute has its own educational positioning, such as providing basic Chinese language teaching, training Chinese language teachers, improving Chinese language teaching resources, and organizing Chinese cultural exchange activities, providing Portuguese students with a platform for learning Chinese language and culture.","PeriodicalId":474531,"journal":{"name":"Lecture Notes in Education Psychology and Public Media","volume":"333 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141380799","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":"Analysis on Motivation of a State with no Direct Conflict of Interest in an Application in the International Court of Justice","authors":"Yiran Wang","doi":"10.54254/2753-7048/55/20240030","DOIUrl":"https://doi.org/10.54254/2753-7048/55/20240030","url":null,"abstract":"Recently, the cases that a state with no direct conflict of interest filed an application to the International Court of Justice (ICJ) have raised intensive discussions among international society. This research focuses on the motivation of these applicant states. Through analyzing 6 cases classified in this sort from various angles, and considering the historical background and political environment of the applicant states, it is found that the motives can be concluded as public interest and applicant states interest. The latter covers the pursuit of diplomatic obligation, global attention, alignment of domestic attitude and implementation of the ideology, and better international environment as well as reputation. These motives have close internal interaction, and are highly influenced by diverse domestic and international situations, which can serve as supports or catalysts of the filing of some applications. This article also discusses the development during these 14 years of all motives, and predicts their application in the near future.","PeriodicalId":474531,"journal":{"name":"Lecture Notes in Education Psychology and Public Media","volume":"47 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141378253","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 Socio-Legal Impacts of Maternal Incarceration on Children: Emotional, Social, and Physical Considerations in Sentencing Decisions","authors":"Pengyu Li","doi":"10.54254/2753-7048/55/20240045","DOIUrl":"https://doi.org/10.54254/2753-7048/55/20240045","url":null,"abstract":"This paper explores the socio-legal impacts of maternal incarceration on children in the United States. The steep rise in incarceration rates, particularly among women, has highlighted challenges faced by children with incarcerated mothers. These challenges include emotional distress, social stigmatization, behavioral issues, psychological maladjustment, and more. Despite the existence of programs aimed at supporting these children, such initiatives often lack a cohesive national policy, resulting in inequality in access and implementation. This study advocates for a comprehensive analysis of the legal context, including trends, sentencing policies, and the rights of the child. It emphasizes the need for a more consistent application of the \"best interests of the child\" standard in sentencing decisions. At the same time, it analyzes international and national practices and programs situated in addressing said challenges. By evaluating current approaches and proposing reforms, this study aims to provide insights for improving support systems for children affected by maternal incarceration.","PeriodicalId":474531,"journal":{"name":"Lecture Notes in Education Psychology and Public Media","volume":"347 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141380773","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":"Standards for Determining Materiality in Securities Misrepresentations and Suggestions for Improving Price Sensitivity Standards","authors":"Hongxiang Wang","doi":"10.54254/2753-7048/53/20240057","DOIUrl":"https://doi.org/10.54254/2753-7048/53/20240057","url":null,"abstract":"With the development of the securities market, cases of false statements are increasing day by day. Since the criteria for determining \"materiality\" have not yet been unified, there are disputes in academia and judicial practice. These controversies primarily revolve around three theoretical approaches: monism, which focuses solely on price sensitivity; dualism, which considers both price sensitivity and investment sensitivity; and ternary theory, which introduces additional criteria. This paper undertakes a comprehensive analysis of international standards for determining \"materiality\" and suggests that China should not only emphasize price-sensitive criteria but also incorporate investment-sensitive assessments to adequately reflect the complexities of modern financial markets. The paper also critiques the reliance on the price sensitivity standard as overly simplistic and potentially insufficient for capturing the full impact of false statements on market behavior. To address these shortcomings, the paper advocates for the involvement of professional institutions to independently verify the impact of false statements on stock prices, thereby ensuring more objective and reliable assessments. Furthermore, it is recommended that the burden of proof be shifted more heavily onto defendants in securities litigation, requiring them to substantiate their claims more rigorously.","PeriodicalId":474531,"journal":{"name":"Lecture Notes in Education Psychology and Public Media","volume":"352 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141380737","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":"Civil Liability of Intermediaries in False Statements of Securities","authors":"Yizhou Wang","doi":"10.54254/2753-7048/53/20240054","DOIUrl":"https://doi.org/10.54254/2753-7048/53/20240054","url":null,"abstract":"Securities intermediaries such as sponsors, accounting firms, law firms and asset credit assessment agencies are important components of the capital market. In recent years, securities misrepresentation cases have occurred frequently, and securities intermediaries have been more or less identified as having certain faults and bearing corresponding civil liabilities. The judgment of some of these cases has caused a lot of disputes and discussions, which exposes the inadequacy of the law on the civil liability of securities intermediary agencies for false statements, which brings a lot of trouble to the securities market and judicial practice. This paper takes the civil liability system of securities intermediaries for false statements as the research object, adopts normative analysis method, case study method and comparative study method to sort out the legal system and judicial status quo of securities intermediaries for civil liability of false statements, finds and demonstrates the existing difficulties, and tries to put forward corresponding improvement paths.","PeriodicalId":474531,"journal":{"name":"Lecture Notes in Education Psychology and Public Media","volume":"2 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141378747","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":"Redefining Duty of Care: Challenges and Solutions for Network Service Providers","authors":"Wei Song","doi":"10.54254/2753-7048/55/20240068","DOIUrl":"https://doi.org/10.54254/2753-7048/55/20240068","url":null,"abstract":"With the rapid development of Internet and algorithm technology, how to judge the \"duty of care\" of network service providers has become a new problem in the field of network infringement. The main topic of this paper is to focus on what kind of duty of care network service providers should bear, and how to solve the problem of responsibility division and commitment in practice. It begins with a comprehensive analysis of the current legal frameworks in China, comparing them with global standards, particularly focusing on the United States' \"Safe Harbor\" principle and the European Union's Digital Single Market Copyright Directive. It further discusses the challenges of enforcing the duty of care, emphasizing the variability in judicial interpretations and the difficulties in applying traditional legal principles to modern digital contexts. It highlights the need for clearer definitions and preemptive legal measures to mitigate infringement risks, as demonstrated by proactive copyright declarations like those implemented during the 2022 Beijing Winter Olympic Games. Additionally, it examines the potential misuse of the duty of care in competitive business environments, suggesting judicial and legislative strategies to prevent abuse and ensure a fair application of the law. The conclusion advocates for a collaborative approach to reforming duty of care standards, involving a range of stakeholders from legislators to copyright holders, to ensure they are robust yet flexible enough to accommodate future technological developments.","PeriodicalId":474531,"journal":{"name":"Lecture Notes in Education Psychology and Public Media","volume":"25 28","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141379824","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":"Crime Prevention System and Mechanisms for College Students","authors":"Gongyue Qian, Shubo Wang","doi":"10.54254/2753-7048/53/20240028","DOIUrl":"https://doi.org/10.54254/2753-7048/53/20240028","url":null,"abstract":"In recent years, with the popularization of education and the continuous increase in the national level of education, the number of college students accounts for 10% of the total population. However, at the same time, we have also observed a peculiar phenomenon: the crime rate among college students is increasing year by year, reaching 2.5%. Therefore, we use content analysis and systems theory analysis to analyze the causes of college student crime in recent years and summarize its characteristics among newly added and frequently occurring cases. Through improving traditional legal education and implementing a three-in-one crime prevention model encompassing family, school, and society, we aim to reduce the current crime rate among college students. Simultaneously, we utilize situational crime prevention theory to effectively control criminal opportunities by reducing crime profits, upgrading crime risks, lowering crime incentives, and increasing crime difficulty. This facilitates the establishment of the next step in the prevention system and provides constructive suggestions for the further construction and implementation of the crime prevention system for college students in Huzhou City.","PeriodicalId":474531,"journal":{"name":"Lecture Notes in Education Psychology and Public Media","volume":"65 s254","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141376349","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}