On November 20 to 24, 2017, the 15th CIETAC CUP International Commercial Arbitration Moot Court Competition, hosted by the China International Economic and Trade Arbitration Commission （CIETAC）, was held in Beijing....On November 20 to 24, 2017, the 15th CIETAC CUP International Commercial Arbitration Moot Court Competition, hosted by the China International Economic and Trade Arbitration Commission （CIETAC）, was held in Beijing. Wang Chengjie,展开更多
The basis of the legal protection of resource security is its relative laws, which have four main characteristics, which are foundational, divergent, comprehensive and of long-term social benefits in view. The coordin...The basis of the legal protection of resource security is its relative laws, which have four main characteristics, which are foundational, divergent, comprehensive and of long-term social benefits in view. The coordination mechanism of the legal protection of resource security with its relative laws meets the needs of the sustainable development of the economy, society and environment. It also facilitates and is facilitated by the modern transformation of the legal system in China, and upholds the legal system as a logically self-perfecting entity. Furthermore, this coordination bears scientific feasibility.展开更多
The decision of local people's congresses to discuss major issues is a basic right granted to local people's congresses by the Chinese Constitution and laws.However,in practice,the implementation of the power ...The decision of local people's congresses to discuss major issues is a basic right granted to local people's congresses by the Chinese Constitution and laws.However,in practice,the implementation of the power of deliberation of major issues by local people's congresses is worrying.By applying the theory of Chinese traditionalism and unity in the theory of law,the theory of"sovereignty in the people"in the social contract theory of Western natural law school,Austin's"legal command theory55 in Western positivist law and Hart's"recognition""Rules theory"to argue that the integrity of rights necessarily involves the dual factors of decision-making and execution.At the same time,the existence and operation of the law always reflects the development of the political system.The realistic political situation requires us to make more precise and meticulous refinement of the external form and specific technical links of the legal system,and to coordinate the rules to make up the legal theory and Conflicts and conflicts in legal practice help to reform social institutions.展开更多
Under the background of medical disputes growing in number,scale and intensity,tracing back legal changes in medical field as a breakthrough point,this paper took a legal perspective to illustrate changes in medical d...Under the background of medical disputes growing in number,scale and intensity,tracing back legal changes in medical field as a breakthrough point,this paper took a legal perspective to illustrate changes in medical dispute settlements from legislative orientation to legal system improvement.In view of the fact that early legislation in medical field was biased towards identification and punishment of doctors’responsibility,and later intensive legislation in balancing increasing"medical trouble"phenomenon with limited effects and difficulties to abide by the law,this paper proposed to improve doctor-patient dispute settlements system in China referencing from foreign law experience,to reduce investigation of doctors at the judicial level,and to establish a settlement mechanism on doctors’apology at the legislative level,so as to promote a healthy development of doctor-patient relationship.展开更多
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
Personal security is an im- portant human right. There would be no human rights to talk about if personalsecurity, including personal safety, were not safeguarded. So long as a person is in the person＇s own coun- try...Personal security is an im- portant human right. There would be no human rights to talk about if personalsecurity, including personal safety, were not safeguarded. So long as a person is in the person＇s own coun- try, there will always be a measure of legal safeguard for the person＇s interests and personal security, ff the person has his or her rights infringed upon when the person is outside the country, there will be more than one province of judicial jurisdiction over the case, and the subsequent legal remedies for the person, if any, in most cases will not be so timely and easily available as provided under the domestic laws of the person＇s own country.展开更多
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
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
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
Web测试是保证高质量Web应用的一种有效技术。然而,由于其特殊性和复杂性,很难直接将传统的测试理论与方法学运用到Web应用的测试当中来。对Web应用进行了分析与建模,并对其进行测试,提出了一种可行的Web测试模型。首先得到页面流图(PFD...Web测试是保证高质量Web应用的一种有效技术。然而,由于其特殊性和复杂性,很难直接将传统的测试理论与方法学运用到Web应用的测试当中来。对Web应用进行了分析与建模,并对其进行测试,提出了一种可行的Web测试模型。首先得到页面流图(PFD,Page Flow Diagram),进而产生对象关系图(ORD,Object Relation Dia-gram),然后根据提出的算法将ORD转化为形式化的有限状态机(FSM,Finite State Machine)模型。基于FSM模型,提出了一种有效的测试路径自动生成方法,这些测试路径可以转化为XML语法的测试规格说明。测试引擎将测试规格说明作为输入最终产生测试报告。全文以所开发的一个小型的Web应用SWLS(Simple Web Login System)为例进行阐述。展开更多
Culture study has become a new trend in the academic fields,while how to define the scope and object of the culturalstudy,different people have different opinions.Ranging from Matthew Arnold's Culture and Anarchy ...Culture study has become a new trend in the academic fields,while how to define the scope and object of the culturalstudy,different people have different opinions.Ranging from Matthew Arnold's Culture and Anarchy to Raymond Williams' The Long Revolution,scholars have been constantly exploring the core of cultural study of different periods.Raymond Williams hadcommitted himself to the field of the study,and his study also has pushed ahead the people's understanding of the theory.His con-tribution to the study has been analyzed here and that has brought a great influence to the study of the field.展开更多
In recent years,China is deepening reform and opening up to the outside world especially after China's successful accession to the WTO.Sino-foreign communication in the field of law is on the rise day by day along...In recent years,China is deepening reform and opening up to the outside world especially after China's successful accession to the WTO.Sino-foreign communication in the field of law is on the rise day by day along with the rapid development of globalization.As can be seen from the previous legal translation studies both in the western world and in China,scholars or researchers have made much effort to conduct studies of legal translation.In this thesis,the basic features of Strategies in legal translation are introduced with some examples in the legal translation practices.And it is explained how to produce a successful legal translation.展开更多
The characteristics of authority and standard in Legal English decide the significance of the translation about legal English texts. This thesis presents the stylistic features of legal English. It is hoped that trans...The characteristics of authority and standard in Legal English decide the significance of the translation about legal English texts. This thesis presents the stylistic features of legal English. It is hoped that translators would be able to understand legal English accurately.展开更多
There are differences between legal English and general English.Legal English relates to the legal profession.Law needs to maintain the impression of seriousness,standardization,accuracy and objectiveness,and as a res...There are differences between legal English and general English.Legal English relates to the legal profession.Law needs to maintain the impression of seriousness,standardization,accuracy and objectiveness,and as a result,legal English also has these characteristics.Compared to general everyday English,the application of legal English vocabulary requires consideration of these characteristics.In the translation of legal content,attention is also needed to be paid to the characteristics of forensic linguistics.Standardized legal terms are used in the translation of legal regulations and other content to keep the characteristics of faithfulness,accuracy,smoothness and consistency.In this paper,legal English vocabulary is discussed based on its characteristics,as well as the method of translation of legal content.For practical translation of legal English,translation methods include literal translation,free translation and addition and omission.These methods are briefly discussed in this paper.展开更多
With the broadening of economic and commercial communication between China and the outside world, the market of legal and contract document translation job is blooming harshly in both China and abroad. Accompanying th...With the broadening of economic and commercial communication between China and the outside world, the market of legal and contract document translation job is blooming harshly in both China and abroad. Accompanying this tendency, the professionalizing forensic development of translation is booming up as well. The request for higher education institutions to establish the education system of forensic translation is shining in human＇s eyes, and the cultivating system for the future, the world and profession is highly regarded. So comprehensive profession-cultivating, socialization and economy-serving should be the direction of the education of foreign languages department, related foreign forensic document translation and professional direction of public foreign language teaching as well are the aims of this reform of education. So the aim of this new education system should be the establishing the system of professional translation, forensic translation, cross-subject education and the cultivation of multi-professionals.展开更多
Teaching legal English for law students in China is difficult.For one thing,many Chinese law students have trouble moreor less in learning English,because the English language is not their mother tongue.For another,le...Teaching legal English for law students in China is difficult.For one thing,many Chinese law students have trouble moreor less in learning English,because the English language is not their mother tongue.For another,legal English differs a great dealfrom everyday English in many respects,including terminology,phrasing,linguistic structure,and linguistic conventions,whichmakes legal English teaching for law students in China by far harder.To solve difficulties undermining teaching legal English forlaw students in China,the author of this paper holds that in his or her actual legal English teaching,the teacher should boost lawstudents basic English teaching,expose them to cases study of specialized legal English terminology and linguistic structures andconventions.展开更多
文摘On November 20 to 24, 2017, the 15th CIETAC CUP International Commercial Arbitration Moot Court Competition, hosted by the China International Economic and Trade Arbitration Commission （CIETAC）, was held in Beijing. Wang Chengjie,
文摘The basis of the legal protection of resource security is its relative laws, which have four main characteristics, which are foundational, divergent, comprehensive and of long-term social benefits in view. The coordination mechanism of the legal protection of resource security with its relative laws meets the needs of the sustainable development of the economy, society and environment. It also facilitates and is facilitated by the modern transformation of the legal system in China, and upholds the legal system as a logically self-perfecting entity. Furthermore, this coordination bears scientific feasibility.
文摘The decision of local people's congresses to discuss major issues is a basic right granted to local people's congresses by the Chinese Constitution and laws.However,in practice,the implementation of the power of deliberation of major issues by local people's congresses is worrying.By applying the theory of Chinese traditionalism and unity in the theory of law,the theory of"sovereignty in the people"in the social contract theory of Western natural law school,Austin's"legal command theory55 in Western positivist law and Hart's"recognition""Rules theory"to argue that the integrity of rights necessarily involves the dual factors of decision-making and execution.At the same time,the existence and operation of the law always reflects the development of the political system.The realistic political situation requires us to make more precise and meticulous refinement of the external form and specific technical links of the legal system,and to coordinate the rules to make up the legal theory and Conflicts and conflicts in legal practice help to reform social institutions.
文摘Under the background of medical disputes growing in number,scale and intensity,tracing back legal changes in medical field as a breakthrough point,this paper took a legal perspective to illustrate changes in medical dispute settlements from legislative orientation to legal system improvement.In view of the fact that early legislation in medical field was biased towards identification and punishment of doctors’responsibility,and later intensive legislation in balancing increasing"medical trouble"phenomenon with limited effects and difficulties to abide by the law,this paper proposed to improve doctor-patient dispute settlements system in China referencing from foreign law experience,to reduce investigation of doctors at the judicial level,and to establish a settlement mechanism on doctors’apology at the legislative level,so as to promote a healthy development of doctor-patient relationship.
基金This paper is a phased achievement of the key project of the Chongqing Municipal Education Commission entitled“Research on Establishment of Regional Legal Framework for Rural Revitalization”(Project No.23SKJD033)the university-level project of Southwest University of Political Science&Law entitled“A Comparative Study on Legislation for Agricultural and Rural Modernization”(Project No.DFLF2020Y12).
文摘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.
文摘Personal security is an im- portant human right. There would be no human rights to talk about if personalsecurity, including personal safety, were not safeguarded. So long as a person is in the person＇s own coun- try, there will always be a measure of legal safeguard for the person＇s interests and personal security, ff the person has his or her rights infringed upon when the person is outside the country, there will be more than one province of judicial jurisdiction over the case, and the subsequent legal remedies for the person, if any, in most cases will not be so timely and easily available as provided under the domestic laws of the person＇s own country.
文摘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.
文摘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.
文摘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.
文摘Web测试是保证高质量Web应用的一种有效技术。然而,由于其特殊性和复杂性,很难直接将传统的测试理论与方法学运用到Web应用的测试当中来。对Web应用进行了分析与建模,并对其进行测试,提出了一种可行的Web测试模型。首先得到页面流图(PFD,Page Flow Diagram),进而产生对象关系图(ORD,Object Relation Dia-gram),然后根据提出的算法将ORD转化为形式化的有限状态机(FSM,Finite State Machine)模型。基于FSM模型,提出了一种有效的测试路径自动生成方法,这些测试路径可以转化为XML语法的测试规格说明。测试引擎将测试规格说明作为输入最终产生测试报告。全文以所开发的一个小型的Web应用SWLS(Simple Web Login System)为例进行阐述。
文摘Culture study has become a new trend in the academic fields,while how to define the scope and object of the culturalstudy,different people have different opinions.Ranging from Matthew Arnold's Culture and Anarchy to Raymond Williams' The Long Revolution,scholars have been constantly exploring the core of cultural study of different periods.Raymond Williams hadcommitted himself to the field of the study,and his study also has pushed ahead the people's understanding of the theory.His con-tribution to the study has been analyzed here and that has brought a great influence to the study of the field.
文摘In recent years,China is deepening reform and opening up to the outside world especially after China's successful accession to the WTO.Sino-foreign communication in the field of law is on the rise day by day along with the rapid development of globalization.As can be seen from the previous legal translation studies both in the western world and in China,scholars or researchers have made much effort to conduct studies of legal translation.In this thesis,the basic features of Strategies in legal translation are introduced with some examples in the legal translation practices.And it is explained how to produce a successful legal translation.
文摘The characteristics of authority and standard in Legal English decide the significance of the translation about legal English texts. This thesis presents the stylistic features of legal English. It is hoped that translators would be able to understand legal English accurately.
文摘There are differences between legal English and general English.Legal English relates to the legal profession.Law needs to maintain the impression of seriousness,standardization,accuracy and objectiveness,and as a result,legal English also has these characteristics.Compared to general everyday English,the application of legal English vocabulary requires consideration of these characteristics.In the translation of legal content,attention is also needed to be paid to the characteristics of forensic linguistics.Standardized legal terms are used in the translation of legal regulations and other content to keep the characteristics of faithfulness,accuracy,smoothness and consistency.In this paper,legal English vocabulary is discussed based on its characteristics,as well as the method of translation of legal content.For practical translation of legal English,translation methods include literal translation,free translation and addition and omission.These methods are briefly discussed in this paper.
文摘With the broadening of economic and commercial communication between China and the outside world, the market of legal and contract document translation job is blooming harshly in both China and abroad. Accompanying this tendency, the professionalizing forensic development of translation is booming up as well. The request for higher education institutions to establish the education system of forensic translation is shining in human＇s eyes, and the cultivating system for the future, the world and profession is highly regarded. So comprehensive profession-cultivating, socialization and economy-serving should be the direction of the education of foreign languages department, related foreign forensic document translation and professional direction of public foreign language teaching as well are the aims of this reform of education. So the aim of this new education system should be the establishing the system of professional translation, forensic translation, cross-subject education and the cultivation of multi-professionals.
文摘Teaching legal English for law students in China is difficult.For one thing,many Chinese law students have trouble moreor less in learning English,because the English language is not their mother tongue.For another,legal English differs a great dealfrom everyday English in many respects,including terminology,phrasing,linguistic structure,and linguistic conventions,whichmakes legal English teaching for law students in China by far harder.To solve difficulties undermining teaching legal English forlaw students in China,the author of this paper holds that in his or her actual legal English teaching,the teacher should boost lawstudents basic English teaching,expose them to cases study of specialized legal English terminology and linguistic structures andconventions.
