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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 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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Not in Control,but Liable?Attributing Human Responsibility for Fully Automated Vehicle Accidents
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作者 Siming Zhai Lin Wang Peng Liu 《Engineering》 SCIE EI CAS CSCD 2024年第2期121-132,共12页
Human agency has become increasingly limited in complex systems with increasingly automated decision-making capabilities.For instance,human occupants are passengers and do not have direct vehicle control in fully auto... Human agency has become increasingly limited in complex systems with increasingly automated decision-making capabilities.For instance,human occupants are passengers and do not have direct vehicle control in fully automated cars(i.e.,driverless cars).An interesting question is whether users are responsible for the accidents of these cars.Normative ethical and legal analyses frequently argue that individuals should not bear responsibility for harm beyond their control.Here,we consider human judgment of responsibility for accidents involving fully automated cars through three studies with seven experiments(N=2668).We compared the responsibility attributed to the occupants in three conditions:an owner in his private fully automated car,a passenger in a driverless robotaxi,and a passenger in a conventional taxi,where none of these three occupants have direct vehicle control over the involved vehicles that cause identical pedestrian injury.In contrast to normative analyses,we show that the occupants of driverless cars(private cars and robotaxis)are attributed more responsibility than conventional taxi passengers.This dilemma is robust across different contexts(e.g.,participants from China vs the Republic of Korea,participants with first-vs third-person perspectives,and occupant presence vs absence).Furthermore,we observe that this is not due to the perception that these occupants have greater control over driving but because they are more expected to foresee the potential consequences of using driverless cars.Our findings suggest that when driverless vehicles(private cars and taxis)cause harm,their users may face more social pressure,which public discourse and legal regulations should manage appropriately. 展开更多
关键词 Fully automated vehicle accidents responsibility attribution CONTROLLABILITY Foreseeability
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Research on the Collaborative Governance of Social Responsibility in Online Audiovisual Enterprises
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作者 Chuying Kang Muhammad Zaffwan Idris Juan Liu 《Social Networking》 2024年第1期1-13,共13页
This paper aims to analyze the present conditions of the social responsibility ecosystem in online audiovisual enterprises in the digital age. It focuses on the governance of social responsibility in these enterprises... This paper aims to analyze the present conditions of the social responsibility ecosystem in online audiovisual enterprises in the digital age. It focuses on the governance of social responsibility in these enterprises and conducts an in-depth analysis of the problems and influencing factors related to the social responsibility aberrations of online audiovisual enterprises. Drawing upon social responsibility theory and collaborative governance theory, this research constructs a social responsibility guidance and governance system guided by the public, supported by the voluntary fulfillment of responsibilities by online audiovisual enterprises, and based on the collaborative participation of diverse stakeholders. It explores and optimizes the implementation pathways of this system, providing theoretical support and practical guidance for promoting the sustainable development of online audiovisual enterprises. Furthermore, it aims to contribute to the creation of a harmonious Internet ecosystem. 展开更多
关键词 Online Audiovisual Enterprises Social responsibility Collaborative Governance
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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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Practice and Exploration of Ideological and Political Education for Postgraduate Students Under the Mentor Responsibility System
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作者 Yipin Wan Jie Jia +1 位作者 Tingting Gao Xuding Song 《Journal of Contemporary Educational Research》 2024年第4期29-34,共6页
This study aims to address the problems existing in the ideological and political education of postgraduate students,and combines the implementation of the mentor responsibility system to explore the role orientation,... This study aims to address the problems existing in the ideological and political education of postgraduate students,and combines the implementation of the mentor responsibility system to explore the role orientation,work content,and practical effects of mentors in the ideological and political education of postgraduate students.Through questionnaire surveys,interviews,and other research methods,the current situation of ideological and political education of postgraduate students under the mentor responsibility system is analyzed,and corresponding optimization strategies are proposed. 展开更多
关键词 Mentor responsibility system Postgraduate students Ideological and political education Practical exploration
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The Correlation between Corporate Social Responsibility(CSR)and Chinese Family Enterprises in China
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作者 Lijuan Lu Sengteck Tan 《电子商务学刊(中英文版)》 2024年第1期1-7,共7页
It is imperative to aggressively advocate for and transmit the ideas of corporate social responsibility as Chinese family enterprises transition into the phase of corporate inheritance.This study conducts a thorough e... It is imperative to aggressively advocate for and transmit the ideas of corporate social responsibility as Chinese family enterprises transition into the phase of corporate inheritance.This study conducts a thorough examination of existing literature to elucidate the concept and model of western corporate social responsibility.It also analyses the current state of Chinese corporate social responsibility and highlights the fulfilment of corporate social responsibility by private enterprises.Furthermore,it specifically investigates the significance of family enterprises in promoting and preserving the culture of corporate responsibility.Lastly,it delves into the correlation between corporate social responsibility and family enterprises.This study presents the process of transmission and inheritance of Chinese family firms,focusing on the influence of Chinese traditional culture,the original purpose of enterprise development,and enterprise image. 展开更多
关键词 Corporate Social responsibility(CSR) Family-Owned Businesses Inheritance and Transmission
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Corporate Social Responsibility and Shipping Supply Chain Risks
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作者 Wen-Chi Lo 《Economics World》 2024年第3期145-155,共11页
This study aims to investigate whether Corporate Social Responsibility(CSR)activities reduce supply chain disruptions by examining the impact of the Suez Canal obstruction on the Ever Given container ship in March 202... This study aims to investigate whether Corporate Social Responsibility(CSR)activities reduce supply chain disruptions by examining the impact of the Suez Canal obstruction on the Ever Given container ship in March 2021.This study conclude that the more responsible companies have higher returns and are less affected by this event than the less responsible companies;the less responsible companies have lower returns.The companies with better CSR have a lower impact on their supply chains when faced with disruptions in the supply chain. 展开更多
关键词 Suez Canal obstruction corporate social responsibility supply chain risks event study Ever Given container ships
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Research on Corporate Social Responsibility Evaluation Based on Improved CRITIC-TOPSIS—A Case Study of Listed Companies in China’s Pharmaceutical Distribution Industry 被引量:1
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作者 Lili Liu Yingyu Wu Jingxian Liu 《Open Journal of Applied Sciences》 CAS 2023年第5期704-719,共16页
Corporate social responsibility (CSR) has garnered considerable attention from countries, institutions, enterprises and social groups. However, the lack of research on CSR evaluation system for industries has impeded ... Corporate social responsibility (CSR) has garnered considerable attention from countries, institutions, enterprises and social groups. However, the lack of research on CSR evaluation system for industries has impeded its development and construction across various industries. Therefore, given the close association of pharmaceutical distribution enterprises with personal health, there exists a pressing need to explore the CSR in this domain. This paper establishes a CSR evaluation index system for pharmaceutical distribution enterprises, employing a combination of documentary analysis and in-depth interviews. This index system comprises 7 CSR criterion layers (e.g., responsible governance and employee responsibility) and 56 index layers. 25 listed companies in China’s pharmaceutical distribution industry are chosen as research objects, and this study also establishes an evaluation model for the CSR of pharmaceutical distribution companies through the improved Criteria Importance Though Intercrieria Correlation (CRITIC) method combined with The Technique for Order Preference by Similarity to Ideal Solution (TOPSIS) method. The empirical analysis reveals that the responsible governance criterion layer and the social development criterion layer demonstrate the best performance, while the supplier, customer and patient responsibility criterion layer exhibit the worst performance. 展开更多
关键词 Pharmaceutical Distribution Enterprises Corporate Social responsibility Evaluation System Improved CRITIC-TOPSIS
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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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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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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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Inter-Provincial Transaction Model in Two-Level ElectricityMarket Considering Carbon Emission and Consumption Responsibility Weights
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作者 Chunlei Jiao HongyanHao +4 位作者 Ming Li Rifucairen Fu Yichun Liu Shunfu Lin Ronghui Liu 《Energy Engineering》 EI 2023年第10期2393-2416,共24页
In the context of the joint operation of China’s intra-provincial markets and inter-provincial trading,how to meet the load demand and energy consumption using inter-provincial renewable energy trading is a key probl... In the context of the joint operation of China’s intra-provincial markets and inter-provincial trading,how to meet the load demand and energy consumption using inter-provincial renewable energy trading is a key problem.The combined operation of intra-provincial and inter-provincial markets provides a new way for provincial power companies to optimize and clear the intra-provincial power market,complete the intra-provincial consumption responsibility weight index,and consume renewable energy across provinces and regions.This paper combines power generation and consumption within the province,uses inter-provincial renewable energy trading tomeet the load demand within the province and completes the index of intra-provincial consumption responsibility weights.The intra-provincial market trading and inter-provincial market clearing are respectively taken as the upper and lower levels of the model.Under the two-level electricity market operation framework,the upper-level model aims to minimize the expected total operating cost within the province considering the carbon emission cost and the weight of the consumption responsibility,while the lower-level model aims to minimize the inter-provincial renewable energy purchasing cost.Finally,the influence of inter-provincial transaction mechanism,risk aversion coefficient,voucher price,and responsibility weight on operating cost is analyzed.Simulation is used to verify that the proposed model can meet the requirements of the provincial load power consumption and the consumption responsibility weight index,and promote the consumption of renewable energy. 展开更多
关键词 Consumption responsibility weights electricity market carbon emission transactions between provinces
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Dynamic model and driving strategy of corporate social responsibility
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作者 WANG Mao-xiang 《Ecological Economy》 2023年第2期192-200,共9页
Corporate social responsibility is the inevitable requirement for the survival and development of enterprises in modern society,as well as the basic guarantee for the sustainable development of economy and society.In ... Corporate social responsibility is the inevitable requirement for the survival and development of enterprises in modern society,as well as the basic guarantee for the sustainable development of economy and society.In order to analyze the driving factors of corporate social responsibility from both internal and external aspects,the dynamic model of corporate social responsibility was constructed,and the driving strategies of corporate social responsibility were also suggested.The driving factors of corporate social responsibility include not only the external constraints of policies,regulations and stakeholders,but also the internal requirements of the sustainable development of enterprises.Only when the external driving force is transformed into the spontaneous and conscious responsibility behavior of the enterprise,can the enterprise achieve its due effect.Moreover,in order to better fulfill the social responsibility,enterprise should build a management system of social responsibility,enhance the awareness of social responsibility,and promote the effective implementation of social responsibility projects.The relevant department should strengthen the all-round supervision of corporate social responsibility,and further improve the policies,laws and regulations related to social responsibility.Enterprises should strengthen communication with stakeholders,actively disclose social responsibility information,and constantly improve social responsibility behavior.By implementing social responsibility,enterprise can improve its business environment,enhance corporate brand image and core competitiveness,and promote the sustainable development of economy and society. 展开更多
关键词 corporate social responsibility dynamic factors driving model driving strategy
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Corporate Social Responsibility Perception and Happiness of Employees:Evidence From Disney Resort in China
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作者 TSAI Meng-ying HSU Wan-chi WANG En-tong 《Psychology Research》 2023年第10期469-475,共7页
In recent years,many scholars have discussed good corporate culture,such as corporate social responsibility.The study investigates the relationship between employee perceptions of corporate social responsibility(CSR)a... In recent years,many scholars have discussed good corporate culture,such as corporate social responsibility.The study investigates the relationship between employee perceptions of corporate social responsibility(CSR)and happiness in China’s resort industry.Four types of corporate social responsibilities are economic,legal,ethical,and discretionary.The study is an empirical study conducted to survey full-time workers who are working in Disney Resort,China.257 effective samples have been collected.The result implicated that the Disney Resort employees’corporate social responsibility perception positively affects happiness.Economic,legal,ethical,and discretionary responsibility all positively affect happiness. 展开更多
关键词 corporate social responsibility perception HAPPINESS resort industry
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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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个性化推荐算法的法律风险规制 被引量:1
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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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具体犯罪保护法益的确定方法 被引量:2
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作者 张明楷 《现代法学》 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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