美中法律评论:英文版最新文献_第4页

Integration of Public and Private Law in the New Era—The Green Principle of the Chinese Civil Code 新时期公法与私法的融合——中国民法典的绿色原则

美中法律评论:英文版 Pub Date : 2022-07-28 DOI: 10.17265/1548-6605/2022.07.001

Zhengjun

引用次数: 0

Research on Smart City Construction Fromthe Perspective of Privacy Protection 隐私保护视角下的智慧城市建设研究

美中法律评论:英文版 Pub Date : 2022-07-28 DOI: 10.17265/1548-6605/2022.07.003

WANG Dezheng

引用次数: 0

Participatory Social Protection for Migrants in Mexico: Cucapá VS. Cocopah in the Constitution 墨西哥移民的参与性社会保护：CucapáVS宪法中的Cocopah

美中法律评论:英文版 Pub Date : 2022-06-28 DOI: 10.17265/1548-6605/2022.06.001

Yolanda Sosa y Silva García

引用次数: 0

The Royalty Rate Is FRAND or Excessive? The Practice in the EU, China, and the Applicability of Selected Economic Models 特许权使用费费率是FRAND还是过高？欧盟、中国的实践与某些经济模式的适用性

美中法律评论:英文版 Pub Date : 2022-06-28 DOI: 10.17265/1548-6605/2022.06.003

CHEN Wenjing

引用次数: 0

Legal Regulation of Government Applications of Facial Recognition Technology: A Comparison of Two Approaches 政府应用人脸识别技术的法律规制:两种方法的比较

美中法律评论:英文版 Pub Date : 2022-06-28 DOI: 10.17265/1548-6605/2022.06.002

Wang Geng, Chaolin Zhang

{"title":"Legal Regulation of Government Applications of Facial Recognition Technology: A Comparison of Two Approaches","authors":"Wang Geng, Chaolin Zhang","doi":"10.17265/1548-6605/2022.06.002","DOIUrl":"https://doi.org/10.17265/1548-6605/2022.06.002","url":null,"abstract":"Facial recognition technology is widely used due to its irreplaceable advantages, providing technical support for the intelligent transformation of government social governance. However, in recent years, the complaints about facial recognition technology have been getting louder. In addition to some shortcomings of the technology itself, people are more concerned about the threats and challenges to personal privacy and personal information security brought about by the application of facial recognition technology. In particular, the unrestricted use of facial recognition technology by government agencies will expand public power, breaking the balance between public power and private rights. At the moment, two approaches have been developed to address this challenge: one is the technology restriction approach used by countries represented by the United States, which explicitly states that facial recognition technology should not be used in general and should only be used in a small number of licensed or special cases; the other is the data protection approach used by China and the European Union, which is based on the theory of technology neutrality but requires that technology be used in accordance with personal information and data processing rules. Although the approaches used by different countries differ, they all reflect the same attitude and position, namely, that the exercise of public power is not disorderly, and that the use of facial recognition technology by government agencies must adhere to corresponding norms.","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43284329","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

Looking Back to See Forward: Overview of Max Scheler’s Sociology of Knowledge and Politics 回望向前：马克斯·舍勒的知识政治社会学综述

美中法律评论:英文版 Pub Date : 2022-05-28 DOI: 10.17265/1548-6605/2022.05.003

Michael Sangervasi

引用次数: 0

Evaluate the Procedures for Dealing With Financial Crime and Corruption 评估处理金融犯罪和腐败的程序

美中法律评论:英文版 Pub Date : 2022-05-28 DOI: 10.17265/1548-6605/2022.05.001

Odysseas Kopsidas

引用次数: 0

On the Compound Legal Nature of Teachers’ Employment Contract in Public Universities of China 论我国公立高校教师聘用合同的复合法律性质

美中法律评论:英文版 Pub Date : 2022-05-28 DOI: 10.17265/1548-6605/2022.05.004

LI Yong, Xu Lei, SUN Lu

引用次数: 0

Theoretical Basis and Practice of Police Testifying in Court 警察出庭作证的理论基础与实践

美中法律评论:英文版 Pub Date : 2022-05-28 DOI: 10.17265/1548-6605/2022.05.002

SHEN Lei

引用次数: 0

Abuse of Circumstances (Misbruik Van Omstandigheden) in Developing Contract Law in Indonesia 印度尼西亚合同法发展中的情节滥用（Misbruk Van Omstandigheden）

美中法律评论:英文版 Pub Date : 2022-04-28 DOI: 10.17265/1548-6605/2022.02.003

Wiwin Dwi Ratna Febriyanti

{"title":"Abuse of Circumstances (Misbruik Van Omstandigheden) in Developing Contract Law in Indonesia","authors":"Wiwin Dwi Ratna Febriyanti","doi":"10.17265/1548-6605/2022.02.003","DOIUrl":"https://doi.org/10.17265/1548-6605/2022.02.003","url":null,"abstract":" The contract is the legal basis for the parties in executing the contract, so the contract must be made concerning the provisions in the law. A contract can be requested for cancellation if there are reasons that, according to the law, can be requested. However, the law of the contract has developed with the doctrine used by the judges in their decisions. That doctrine is the doctrine of abuse of circumstances. This doctrine is used as one of the reasons for cancelling the agreement, although this doctrine is not yet contained in the Civil Code or Indonesian legislation. Therefore, researchers will discuss the doctrine of abuse of circumstances in the development of contract law in Indonesia, as a reason for cancellation of the contract. The method used in this research is legal research, namely normative research, using the method of legal and conceptual approaches. Abuse of circumstances has appeared in Indonesia for a long time; it can be seen from the presence of judges who use the doctrine of abuse of possibilities as a reason to cancel a contract, even a contract made by a notary. And forms of mistreatment of circumstances can also be seen from several characteristics, namely one party in the contract has an economic advantage to use the situation to follow his wishes in the contract; one party has a psychic/psychiatric advantage, which can therefore make him follow what his will is in the contract. And there are circumstances where there are circumstances beyond the control of one party, either from the opponent of the contract or from the other","PeriodicalId":57290,"journal":{"name":"美中法律评论:英文版","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43311066","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