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Research on the Legal Framework of Content Regulations for Network Platforms
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作者 Zhang Yin Liao Xinyue 《Contemporary Social Sciences》 2024年第1期137-155,共19页
In the era of the Internet,various network platforms have evolved into new hubs for information dissemination.Currently,China has established a platform-centered content regulation framework,wherein platforms proactiv... In the era of the Internet,various network platforms have evolved into new hubs for information dissemination.Currently,China has established a platform-centered content regulation framework,wherein platforms proactively enforce content regulations in accordance with legal censorship obligations.Additionally,platform policies and user agreements augment their authority in content regulation.The platforms can achieve cost-effective and highly efficient content regulation by leveraging their strategic advantages enabled by their own technical capabilities and extensive coverage.The platform self-regulation model,however,still faces challenges.First,accurately evaluating content remains a formidable task;second,ensuring effective platform publicity through self-regulation poses difficulties;third,users may potentially face disadvantages due to the platform’s right of self-regulation;and fourth,digital copyright owners face challenges when defending digital copyright disputes under the safe harbor rule.Therefore,it is imperative to establish,review,and revise the legal framework for content regulation of network platforms in order to enhance the efficiency of their governance systems.The formulation of the legal framework for content regulation of network platforms may encompass the following aspects:rationalizing obligations pertaining to platform content regulations,enhancing supervision over platform self-regulation,and establishing a dual-track responsibility system for digital copyright content regulation.This will ensure a harmonious balance among public interests,users’personal rights and interests,and commercial benefits through regulating the content on network platforms. 展开更多
关键词 content regulations platform self-regulation legal framework
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Research on Current Situation and Legal Regulation of Cosmetics Live Streaming E-commerce in China
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作者 Jiang Ying 《China Detergent & Cosmetics》 CAS 2024年第1期63-70,共8页
Analyze the compatibility between cosmetics and live streaming e-commerce from its own nature,marketing means and supply chain characteristics.According to the prominent problems,sort out the relationship between all ... Analyze the compatibility between cosmetics and live streaming e-commerce from its own nature,marketing means and supply chain characteristics.According to the prominent problems,sort out the relationship between all parties in the cosmetics live e-commerce industry chain.Combined with the latest regulatory policies of live streaming e-commerce and cosmetics,the responsibilities of different subjects in cosmetics live streaming e-commerce are summarized,and relevant suggestions and countermeasures are put forward for the standardization and development of live streaming e-commerce.Cosmetics brand owners are the first responsible persons for product quality.Anchors,as a mixed identity between intermediary,advertising spokesperson and operator,should bear stricter joint and several liability when recommending products related to consumers’health.If anchors fail to clearly identify themselves in the recommendation process,thus causing consumers to mistake them for the operator of the cosmetics,they should assume the obligations of the operator. 展开更多
关键词 COSMETICS live streaming e-commerce legal relationship responsibilities of parties
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Research on Enterprise Legal Service Strategy Based on Compliance Management Optimization
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作者 Yi Zhu 《Proceedings of Business and Economic Studies》 2024年第2期84-88,共5页
With the background of enterprise compliance management,this paper discusses how to improve the level of enterprise legal service and reduce enterprise legal risks by optimizing the compliance management system.It aim... With the background of enterprise compliance management,this paper discusses how to improve the level of enterprise legal service and reduce enterprise legal risks by optimizing the compliance management system.It aims to analyze the current situation and existing problems of enterprise legal services through the analysis of the importance of compliance management.Furthermore,it delves into the case of enterprise legal service strategy based on compliance management optimization to verify the effectiveness and feasibility of enterprise legal service strategy. 展开更多
关键词 Compliance management Corporate legal affairs Service strategy legal risk
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Exploration of Interdisciplinary Integration in Teaching Reform of Legal Studies and Auditing
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作者 Lili Hao 《Journal of Contemporary Educational Research》 2024年第9期69-76,共8页
This paper attempts to explore interdisciplinary integration from four aspects:the necessity of interdisciplinary integration between legal studies and auditing,the difficulties and challenges encountered in this inte... This paper attempts to explore interdisciplinary integration from four aspects:the necessity of interdisciplinary integration between legal studies and auditing,the difficulties and challenges encountered in this integration,the ideas for teaching reform in the context of interdisciplinary integration,and the expected outcomes.The aim is to achieve an organic integration of legal studies and auditing through systematic teaching reforms,thereby providing students with comprehensive and integrated knowledge and skills training,ensuring the quality of talent cultivation,and adapting to the needs of social development. 展开更多
关键词 INTERDISCIPLINARY legal studies AUDITING Teaching reform
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An Important Acupuncture Demonstration in the History of Legalization of Acupuncture in the United States 被引量:2
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作者 Sam Xian Sheng Huang Jun Hu 《Chinese Medicine and Culture》 2020年第4期241-244,共4页
This article details a public acupuncture demonstration that took place on May 9,1972,in San Francisco,California.It was conducted by two traditional Chinese medicine doctors Pien Bae Chi(卞伯岐)and Leung Kok Yuen(梁... This article details a public acupuncture demonstration that took place on May 9,1972,in San Francisco,California.It was conducted by two traditional Chinese medicine doctors Pien Bae Chi(卞伯岐)and Leung Kok Yuen(梁觉玄),and was observed by 500 American medical doctors.This was an important public acupuncture demonstration in the early history of acupunccture in the United States(US).It directly promoted the passage of the first acupuncture bill by California government and had a significant impact on the legalization of acupuncture in California. 展开更多
关键词 ACUPUNCTURE Leung Kok Yuen(梁觉玄) legalization history of Chinese medicine James Reston Pien Bae Chi(卞伯岐)
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A Connectivity-Based Legalization Scheme for Standard Cell Placement
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作者 Antonios N. Dadaliaris Panagiotis Oikonomou +3 位作者 Maria G. Koziri Evangelia Nerantzaki Thanasis Loukopoulos Georgios I. Stamoulis 《Circuits and Systems》 2017年第8期191-201,共11页
Standard cell placement algorithms have been at the forefront of academic research concerning the physical design stages of VLSI design flows. The penultimate step of a standard cell placement procedure is legalizatio... Standard cell placement algorithms have been at the forefront of academic research concerning the physical design stages of VLSI design flows. The penultimate step of a standard cell placement procedure is legalization. In this step the manufacturability of the design is directly settled, and the quality of the solution, in terms of wirelength, congestion, timing and power consumption is indirectly defined. Since the heavy lifting regarding processing is performed by global placers, fast legalization solutions are protruded in state-of-the-art design flows. In this paper we propose and evaluate a legalization scheme that surpasses in execution speed two of the most widely used legalizers, without not only corrupting the quality of the final solution in terms of interconnection wirelength but improving it in the process. 展开更多
关键词 legalization Standard CELL PLACEMENT HEURISTICS INTERCONNECT Wirelength
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Two Sides of Thailand’s Legalization of Cannabis
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作者 Hu Yukun 《China Report ASEAN》 2022年第8期56-57,共2页
In early June, Thailand officially decriminalized the growing of marijuana and its consumption for medical and legal purposes, a first for Asia which has been known for the strictest anti-drug laws in the world. The g... In early June, Thailand officially decriminalized the growing of marijuana and its consumption for medical and legal purposes, a first for Asia which has been known for the strictest anti-drug laws in the world. The government hopes the move will help boost the economy,but health and social concerns have already emerged in the region. 展开更多
关键词 legal Thailand STRICT
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Forty Years' Construction of Rule of Law and the Legalization of Human Rights Protection in China
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作者 常健 NI Weisi(译) 《The Journal of Human Rights》 2018年第2期202-222,共21页
A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand... A market economy requires the individual rights of citizens be protected, and that the exercising of those rights be regulated, whose realization depends on the legalization of human rights protection On the one hand, individual rights must be protected by law On the other hand, a law-based society needs to be built so the boundaries of individual rights are clear, the exercising of those rights are regulated, conflicts between rights can be resolved through the courts, and the personal infringement of others’ rights and the overall interests of the society is prohibited by law During the 40 years of China’s ref orm and opening-up in China, the promotion of the legal protection of human rights mainly lies in three aspects: first, the important role of the rule of law plays in protecting human rights has been clarified; second, the four steps of the rule of law(scientific legislation, strict law enforcement, judicial justice and observance of the law by all Chinese citizens) have been strengthened to safeguard human rights fully and effectively; third, the Chinese human rights system under the rule of law has gradually been aligned with international norms. 展开更多
关键词 construction of rule of law human rights protection reform and opening up legalization
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Legal Protection of Human Rights in the Digital Era
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作者 齐延平 CHEN Feng(Translated) 《The Journal of Human Rights》 2023年第6期1177-1184,共8页
Xi Jinping,General Secretary of the Communist Party of China(CPC)Central Committee said that“We should insist that everyone is equal before the law,respect and protect human rights throughout all aspects of legislati... Xi Jinping,General Secretary of the Communist Party of China(CPC)Central Committee said that“We should insist that everyone is equal before the law,respect and protect human rights throughout all aspects of legislation,law enforcement,ju-diciary,and law-abiding,accelerate the improvement of a legal system that reflects fairness in rights,opportunities,and rules,so as to protect citizens’personal rights,property rights,and personality rights,to guarantee citizens’basic political rights such as participating in democratic elections,democratic consultations,democratic decision-making,democratic management,and democratic supervision,and to protect citizens’rights in various aspects such as economy,culture,society,and environment,continuously enhancing the protection of human rights based on the rule of law.” 展开更多
关键词 legal LAW EVERYONE
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Markets in crypto‑assets regulation:Does it provide legal certainty and increase adoption of crypto‑assets?
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作者 Tina van der Linden Tina Shirazi 《Financial Innovation》 2023年第1期509-538,共30页
This study discusses the European Union’s proposal for a Regulation on Markets in Crypto-Assets,now subject to formal approval by the European Parliament.The objective is to explore whether it will positively impact ... This study discusses the European Union’s proposal for a Regulation on Markets in Crypto-Assets,now subject to formal approval by the European Parliament.The objective is to explore whether it will positively impact the adoption of crypto-assets in the financial sector.The use of crypto-assets is growing.However,some stakeholders in the financial service sector remain skeptical and hesitant to adopt assets that are yet to be defined and have an unclear legal status.This regulatory uncertainty has been identified as the primary reason for the reluctant adoption.The proposed regulation(part of the EU’s Digital Finance Strategy)aims to provide this legal certainty for currently unregulated crypto-assets.This study investigates whether or not the proposed regulation can be expected to have the intended effect by reviewing the proposed regulation itself,the opinions and reactions of the various stakeholders,and secondary literature.Findings reveal that such regulation will most likely not accelerate the adoption of crypto-assets in the EU financial services sector,at least not sufficiently or as intended.Some suggestions are made to improve the proposal. 展开更多
关键词 MiCA regulation Crypto-assets legal certainty Blockchain Distributed ledger technology Utility tokens Stablecoins Asset-referenced tokens e-money tokens
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Impact of Mandatory Provisions on the Validity of Juristic Acts: A Path for Legal Policy Analysis
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作者 Wang Kun 《Contemporary Social Sciences》 2023年第6期1-19,共19页
Contrary to the approach in judicial practice,Paragraph 1,Article 153,of the Civil Code of the People’s Republic of China,as a rule of invalidity for violating mandatory provisions,does not adopt a dichotomy towards ... Contrary to the approach in judicial practice,Paragraph 1,Article 153,of the Civil Code of the People’s Republic of China,as a rule of invalidity for violating mandatory provisions,does not adopt a dichotomy towards mandatory provisions with effectiveness and administrative characteristics,yet it maintains the legislative philosophy of differentiation.It leaves unspecified whether mandatory provisions that do not explicitly render a juristic act invalid impact the act’s validity,entrusting this determination to the discretion of judges on a case-by-case basis.When judges,under the authority of Paragraph 1,Article 153 of the Civil Code,explore the normative intent of mandatory provisions to assess their effect on the validity of juristic acts,they should engage in legal policy analysis centered on consequence-based argumentation to overcome the limitations of norm typological analysis.This analysis employs a reasoning model predicated on the normative purpose,utilizing a consequencefocused interpretative approach for formulating and arguing propositions of rules applicable to pending cases,thereby arriving at case-specific conclusions.Since the invalidation of juristic acts serves as an auxiliary regulatory tool for the state economy and society,a consequence-oriented interpretation needs to be based on the idea of mutual instrumentalization of public and private laws.This entails predicting the outcomes of negating the validity of a juristic act in industrial regulatory scenarios and assessing these outcomes within the framework of public and private regulatory instruments. 展开更多
关键词 rule of invalidity for violating mandatory provisions juristic acts legal policy analysis consequencebased argumentation REGULATION
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个性化推荐算法的法律风险规制 被引量:6
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作者 谢永江 杨永兴 刘涛 《北京科技大学学报(社会科学版)》 2024年第1期77-85,共9页
信息爆发增长催生了个性化推荐算法技术的兴起。个性化推荐算法在解决信息过载和长尾问题、满足用户个性化需求、提高互联网信息服务效率的同时,也引发了用户意思自治受限、隐私泄露、信息茧房、算法歧视等诸多法律风险,亟需法律作出必... 信息爆发增长催生了个性化推荐算法技术的兴起。个性化推荐算法在解决信息过载和长尾问题、满足用户个性化需求、提高互联网信息服务效率的同时,也引发了用户意思自治受限、隐私泄露、信息茧房、算法歧视等诸多法律风险,亟需法律作出必要的回应。为此,应当在诚信原则、自主原则、公正原则、比例原则的指导下,树立开放的隐私保护观,强化算法告知义务与用户拒绝权利,完善算法解释权,构建算法审计制度,以降低个性化推荐算法所带来的法律风险。 展开更多
关键词 个性化推荐 算法 法律风险 法律规制
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Construction of Legal System of China's Farmland Protection under the Coexistence of Multiple Objectives:Historical Logic,Practical Problems and Optimization Paths
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作者 Shengnan MA Jiaxin ZHOU Yongfang YANG 《Asian Agricultural Research》 2023年第2期26-34,38,共10页
[Objectives]To explore the evolution of the legal system of farmland protection and explore the rules and characteristics of policy development based on the theory and logic of institutional change since China's r... [Objectives]To explore the evolution of the legal system of farmland protection and explore the rules and characteristics of policy development based on the theory and logic of institutional change since China's reform and opening up,reveal the problems and deep-seated reasons of its legislation,clarify the direction of farmland protection in the new period,and solve the"non-agricultural""non-grain"and ecological problems of farmland.[Methods]Literature analysis and inductive deduction methods were used.[Results]The evolution of the farmland protection legal system has gone through the process of"national consciousness-policy guidelines-institutional system",the change from"single subject to multiple subjects";change from the use of"one-way administrative means to coordinated use of administrative,economic and technical means".The practical problems of the farmland protection legal system are mainly due to the insufficient systematization of the farmland protection legal system itself,the generalization of quantity protection,the transformation of quality protection,and the absence of ecological protection.[Conclusions]It is recommended to improve the existing farmland protection legal system from the establishment of the Farmland Protection Law,the improvement of the farmland protection public participation mechanism and supervision mechanism,the establishment of the farmland quality construction and improvement system,the differentiated farmland occupation and supplementation balance system,and the ecological restoration system. 展开更多
关键词 Farmland protection legal system construction Policy evolution Existing problems Optimization path
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具体犯罪保护法益的确定方法 被引量:7
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作者 张明楷 《现代法学》 CSSCI 北大核心 2024年第1期3-19,共17页
在基本犯与加重犯的保护法益不同的情形下,应当分别确定基本犯与加重犯的保护法益。如果拟制罪名与基本罪名的构成要件不同,就不应按罪名确定保护法益,而应分别确定拟制罪名与基本罪名的保护法益。阻挡层法益与背后层法益是就不同犯罪... 在基本犯与加重犯的保护法益不同的情形下,应当分别确定基本犯与加重犯的保护法益。如果拟制罪名与基本罪名的构成要件不同,就不应按罪名确定保护法益,而应分别确定拟制罪名与基本罪名的保护法益。阻挡层法益与背后层法益是就不同犯罪或者基本犯与加重犯的关系而言,并不是任何具体犯罪的保护法益都包含阻挡层法益与背后层法益。应当根据法益主体与被害人同意或承诺的有效性等要素区分个人法益与公共法益,不应当在对个人法益的犯罪中随意添加公共法益内容,也不宜随意在对公共法益的犯罪中任意添加个人法益内容。此外,需要区分具体犯罪的保护法益与阻却违法性的优越利益,不应将阻却违法性的优越利益当作相关犯罪的保护法益。 展开更多
关键词 保护法益 加重犯 拟制罪名 阻挡层法益 背后层法益 个人法益
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A Brief Introduction to the Business of Certification/Legalization of the China Council for the Promotion of International Trade and China Chamber of International Commerce
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《China's Foreign Trade》 1996年第2期12-13,共2页
Since its founding in 1952,the ChinaCouncil for the Promotion ofInternational Trade(CCPIT) has beenengaged,as a commercial chamber,in issuingand certifying/legalizing foreign-relateddocuments.Over the past forty years... Since its founding in 1952,the ChinaCouncil for the Promotion ofInternational Trade(CCPIT) has beenengaged,as a commercial chamber,in issuingand certifying/legalizing foreign-relateddocuments.Over the past forty years,theCCPIT has gained a high internationalreputation for its fairness and authority inissuing and certifying/legalizing documentsused in export and import,such as documentsfor customs clearance,the settlement ofexchange and licensing,and certificates oforigin,certificates of contractual liabilitiesand certificates of force majeure. 展开更多
关键词 A Brief Introduction to the Business of Certification/legalization of the China Council for the Promotion of International Trade and China Chamber of International Commerce
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On the Value of the Legalization of Political Participation in Protecting Human Rights
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作者 CHEN YOUWU 《The Journal of Human Rights》 2013年第5期31-34,共4页
It's necessary to legalize political participation in contemporary China because of its value in protecting human rights in terms of function and value. That is, the legalization of political participation aims to pr... It's necessary to legalize political participation in contemporary China because of its value in protecting human rights in terms of function and value. That is, the legalization of political participation aims to promote human rights protec- tion. What's more, the legalization of political participation in contemporary China and the maturity of the pro- motion of interest coordination and the rule of law, also show the great development of democracy and politi- cal stability in China. 展开更多
关键词 On the Value of the legalization of Political Participation in Protecting Human Rights
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Improvement of the Legal System for Addressing the Issue of Elderly Care in China in the Context of Population Aging
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作者 李贤森 CHEN Feng(Translated) 《The Journal of Human Rights》 2023年第6期1251-1276,共26页
Rapid population aging is a social reality facing China at present,and the issue of elderly care has become a hot topic of social concern.Legislation to address the issue of elderly care in the context of population a... Rapid population aging is a social reality facing China at present,and the issue of elderly care has become a hot topic of social concern.Legislation to address the issue of elderly care in the context of population aging should follow systematic concepts to achieve“vertical and horizontal integration.”In terms of content,it is necessary to formulate specific legal approaches around“the elderly and children,”with a focus on guaranteeing the livelihood and protection of the rights of the elderly while taking into account childbirth,employment and other issues.the laws should not only safeguard the social participation and labor rights of the elderly,but also effectively respond to the social challenges brought about by the aging of the population.It is also necessary to optimize the family planning policy to ease the burden of child-raising,improve the population structure and promote the long-term balanced development of the population,thus fundamentally solving the problem of population aging.the effort to improve the legal system to deal with the issue of elderly care in the context of population aging will better advance Chinese modernization. 展开更多
关键词 population aging legal response the elderly and children old-age care family planning policy
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论习近平法治思想与自主法学知识体系建构 被引量:3
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作者 黄文艺 《东方法学》 CSSCI 北大核心 2024年第4期18-33,共16页
习近平法治思想是建构中国自主法学知识体系的指导思想和理论基础,具有世界观和方法论指引功能、法学学科体系优化功能、法学范畴体系完善功能、法学理论体系创新功能。其中,世界观和方法论指引功能,体现为引领法学知识体系建构坚持实... 习近平法治思想是建构中国自主法学知识体系的指导思想和理论基础,具有世界观和方法论指引功能、法学学科体系优化功能、法学范畴体系完善功能、法学理论体系创新功能。其中,世界观和方法论指引功能,体现为引领法学知识体系建构坚持实事求是、守正创新、推陈出新、融通中外、系统思维、胸怀天下等原则。法学学科体系优化功能,体现为推进法学基础学科转型升级、法学新兴学科创建发展、法学交叉学科发展、涉外法学学科完善。法学范畴体系完善功能,体现为推动完善法学基本范畴体系、公法学范畴体系、私法学范畴体系、程序法学范畴体系、涉外法学范畴体系。法学理论体系创新功能,体现为推动法律学、法治学、法理学的理论体系创新。 展开更多
关键词 习近平法治思想 法学知识体系 法学学科体系 法学范畴体系 法学理论体系
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Exploring euthanasia in Malta: an intersectional analysis of medical, legal, and ethical perspectives
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作者 Renald Blundell Martina Cini +1 位作者 Kimberley Blundell Stefan Vella 《History & Philosophy of Medicine》 2023年第3期25-30,共6页
This paper provides a comprehensive examination of euthanasia from various perspectives,including medical,legal,religious,philosophical,and moral.The study also explores the public perceptions and trends in Malta.The ... This paper provides a comprehensive examination of euthanasia from various perspectives,including medical,legal,religious,philosophical,and moral.The study also explores the public perceptions and trends in Malta.The medical perspective analyses the benefits and risks of euthanasia and its impact on the healthcare system.The legal perspective discusses the legality of euthanasia in Malta and the potential legal implications of legalizing the practice.The religious perspective explores the beliefs of various religious groups in Malta,particularly Catholicism,on euthanasia.The philosophical perspective discusses the ethical and moral considerations of euthanasia.The paper also analyses the results of surveys conducted in Malta,examining the public’s attitudes towards euthanasia.Overall,the study provides a thorough analysis of euthanasia from various angles,shedding light on the complex and controversial nature of the topic. 展开更多
关键词 EUTHANASIA MEDICAL legal RELIGIOUS PHILOSOPHICAL moral and Malta
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An Empirical Study on the Differences between Overt Translation and Covert Translation in Legal
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作者 Chunxu Qian 《Journal of Educational Theory and Management》 2023年第1期12-16,共5页
Currently,it is key to convey precise meanings to readers for translators.Observing expressing habits between different languages is the precondition to make target texts more readable.It is crucial to ensure the exac... Currently,it is key to convey precise meanings to readers for translators.Observing expressing habits between different languages is the precondition to make target texts more readable.It is crucial to ensure the exactness and seriousness of legal texts,but it does not mean that translators have to take machined way to leave out and even give up transmitting in-deep cultural implications for the intention of achieving the all-inclusive integrity of target content.It is a correct choice for translators to take overt translation and covert translation in line with traits of source language and target language and differences between civil law system and common law system.The intention of the article is to make an empirical study between overt translation and covert translation. 展开更多
关键词 legal text Overt translation Covert translation READABILITY Empirical study
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