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
The Human Immunodeficiency Virus and the resultant disease—Acquired Immune Deficiency Syndrome are global epidemics in recent times. Although the effects of the epidemic have been curtailed somewhat in the developed ...The Human Immunodeficiency Virus and the resultant disease—Acquired Immune Deficiency Syndrome are global epidemics in recent times. Although the effects of the epidemic have been curtailed somewhat in the developed world, it is not so in developing countries. As such it affects not only the infected but those directly dependent on them. Some of the affected people have been identified as children, who turn out to be unprepared for and defenceless against the imminent hardship prevalent as a consequence of the disease. The effects of the epidemic are felt more in the developing world than in developed countries and this is because the attitude of the developed world to the epidemic is positive, enhanced by awareness of the disease;whereas in the developing countries, a lot of myths are attached to it, affecting the requisite attitude needed to combat the epidemic and its effects. This paper seeks to examine the effects of this epidemic on children in Nigeria, comparing the effects on children in other African countries. The paper also looks at structures in place to cater for these children, and then seeks to proffer improved means of protecting their rights.展开更多
The process of constructing hydraulic projects on international rivers is governed by several legal regulations, among the most important of these regulations are: the Principle of no harm, and the Principle of Prior...The process of constructing hydraulic projects on international rivers is governed by several legal regulations, among the most important of these regulations are: the Principle of no harm, and the Principle of Prior Notification, protection of the river's environment and the Principle of Settling the International Disputes via Peaceful Means, which is considered one of the most important principles called for by the UN Pact, as it provides for adopting the peaceful means by the member states of the organization to settle international disputes through peaceful means, in addition to an applied study on the Nile Basin's projects.展开更多
In modern society, online shopping on behalf of others has become a trendy pattern of consumption and particularly the overseas purchasing on WeChat has blossomed like a raging fire. However, this low-cost and unsuper...In modern society, online shopping on behalf of others has become a trendy pattern of consumption and particularly the overseas purchasing on WeChat has blossomed like a raging fire. However, this low-cost and unsupervised purchasing pattern has brought countless con? icts between consumers and procurement service providers. As a consequence, based on the sales pattern on WeChat overseas purchasing, this paperdelivers a classifled discussion about the legal relationship between the procurement service provider and other subjects in the overseas purchasing process, in order to further explore the legal obligations undertaken by the procurement service provider. Besides, this paper also digs deep into the reasons for drawbacks of the WeChat sales pattern, in the hope to standardize the trading mode of WeChat overseas purchasing.展开更多
As one of the human rights protection systems for rural residents, legal aid is an important well-being project. It provides legal assistance to the rural population with regard to every aspect of the application of t...As one of the human rights protection systems for rural residents, legal aid is an important well-being project. It provides legal assistance to the rural population with regard to every aspect of the application of the law, and reflects the care and assistance given to rural residents. It is an important way to ensure the equal realization of legitimate rights and interests of rural residents, and it is also a powerful measure to promote the all-round development of the rural population. After more than 20 years of growth, China’s rural legal aid work has achieved gratifying results. However, there are still outstanding problems such as unbalanced supply and demand, narrow scope, and tight funding. Therefore, we should build on the practice of rural legal aid to expand the number of aid teams, improve the quality of legal aid, broaden the scope of aid, and provide financial support so that rural legal aid can be truly visible, accessible, affordable and well performed.展开更多
As a data protection legislation with the dual objectives of market regulation and government supervision,the EU General Data Protection Regulation(GDPR)is designed to promote the cultivation of a market for data ele⁃...As a data protection legislation with the dual objectives of market regulation and government supervision,the EU General Data Protection Regulation(GDPR)is designed to promote the cultivation of a market for data ele⁃ments and to regulate the data processing subjects'behaviour.The civil legal norms to participate in the data market regulation are introduced,and a right-protected mode with the obligation norms of data controllers as the core is started by GDPR.However,from the perspective of GDPR's global enforcement effectiveness,as an export-orientated global standard and protection framework,the power regulation model of the EU's single digital market is facing the in⁃novative incentives of data market expansion and the tension of human rights protection.A more modest and moderate data governance regulation model has been opened by a new round of the EU digital market regulation.The legal sce⁃narios transition and digital platforms regulation more fit the regulatory demand and development goals of global digital economy development.The EU's determination to enhance the global digital market share and competitiveness is dem⁃onstrated.For China,the impact and security risks of the new round should be evaluated carefully,drawing on the ex⁃perience of the technical standpoint and institutional framework and regulatory rules of the EU digital market regula⁃tion,providing the regulatory models and Chinese solutions to respond to the EU digital market regulation,and enhanc⁃ing Chinese institutional discourse and rule-making leadership in the global digital economy.展开更多
In African countries,regulations on the management of WTE(Waste from Information Technology Equipment)are non-existent or sometimes insufficient,if they exist.This study shows how to mention waste from information tec...In African countries,regulations on the management of WTE(Waste from Information Technology Equipment)are non-existent or sometimes insufficient,if they exist.This study shows how to mention waste from information technology equipment in a country that does not have a regulatory legislative framework or organized management channels.A methodological approach based on documentary research and semi-directed interviews was adopted in this work.The results showed that 54.55%of institutional managers are unaware of the existence of regulations for the management of WTE,both at the national and international levels;72.72%of these managers do not have a specific implementing text for this management;72.73%of institutions have adopted an acquisition policy based on the needs of workers and 81.82%of institutions store WTE in warehouses.Relations with waste collection SMEs(Small and Midsize Enterprises),especially for IT equipment,are limited for 72.73%of institutions.In terms of improving the capacity to manage WEEE(Waste Electrical and Electronic Equipment),90.91%of institutions do not offer training or awareness raising.Overall,no significant indicators are in place to assess WEEE management in institutions,which reflects a lack of commitment and awareness among institutional managers.In addition,there are no financial means for ecological and sustainable management.Although 27.27%of managers are aware of the dangers to human health and the environment related to IT equipment,they are often unaware of the harmful consequences of abandoning it in nature.展开更多
With large-scale engineering projects being carried out in China, a large number of fossil localities have been discovered and excavated by responsible agencies, but still some important fossils of great value have be...With large-scale engineering projects being carried out in China, a large number of fossil localities have been discovered and excavated by responsible agencies, but still some important fossils of great value have been removed and smuggled into foreign countries. In the last three years, more than 1345 fossil specimens have been intercepted by Customs in Shenzhen, Shanghai, Tianjin, Beijing and elsewhere, and more than 5000 fossils, most of which are listed as key fossils,展开更多
This study is conducted on the special provision of the Korean government to prevent youths' addiction to online games. Judging that the youths' addiction to online games is serious, the Korea government made a lega...This study is conducted on the special provision of the Korean government to prevent youths' addiction to online games. Judging that the youths' addiction to online games is serious, the Korea government made a legal provision to control the phenomena of youths' online game addiction. At that time, there were lots of conflicting opinions in the course of implementation of the related governmental act. The purpose of this study is investigating what conflicting opinions there were in the course of the legislation and also the fundamental cause of the opinion confliction and the countermeasures thereby. Especially, it is noteworthy that two departments of the government had different legal approaches toward the issue. Thus, this study will present an affordable suggestion for other countries which have youths' online game addiction problems.展开更多
A series of laws and regulations related to the oil and gas.resources have already been pro-mu]gated and provided a legal basis for the activities of petroleum exploration and exploita-tion in China.These laws are as ...A series of laws and regulations related to the oil and gas.resources have already been pro-mu]gated and provided a legal basis for the activities of petroleum exploration and exploita-tion in China.These laws are as follows:展开更多
The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object (or aid recipient)...The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object (or aid recipient) is a party in a given legal case, who is granted legal aid. They are often among the disadvantaged group in criminal cases, since most of them are mentally challenged, lack free- dom or have health problems.' Both international and domestic laws have certain norms regarding objects of criminal legal aid. Our domestic law places more emphasis on "defen- dants" while downplaying "suspects" and "victims" in identifying objects.展开更多
This paper deals with a very important issue,which concerns the possibility of establishing a public-private partnership(PPP),through which link is made between the public and the private sector,for the benefit of bot...This paper deals with a very important issue,which concerns the possibility of establishing a public-private partnership(PPP),through which link is made between the public and the private sector,for the benefit of both sectors,which is a very important opportunity for the realization of different infrastructure projects,and of course tourism facilities can be created in this form.Particular attention is given to the legal regulation of this issue in the Republic of Macedonia.It is mainly expressed through the provisions of the Law on PPP,which makes a clear distinction between the public and the private partner.Public partner is a legal entity that gives an agreement for the establishment of a public private partnership.Private Partner is a domestic or foreign legal entity or natural person or consortium with whom the public partner concludes an agreement for a PPP.展开更多
The market and popularity of e-cigarettes are growing rapidly worldwide.However,the research and regulation of this novel products have lagged behind.In this paper,we reviewed and compared the regulatory mechanisms re...The market and popularity of e-cigarettes are growing rapidly worldwide.However,the research and regulation of this novel products have lagged behind.In this paper,we reviewed and compared the regulatory mechanisms regarding e-cigarettes among ten Association of Southeast Asian Nations(ASEAN)member states.Our findings demonstrated a continuum of the legal regulations of e-cigarettes in this region:on the one hand,countries such as Brunei,Cambodia,Thailand,and Singapore have prohibited the importation and sale of e-cigarettes with existing tobacco control laws or specific regulations;on the other,countries such as Myanmar and Vietnam had almost no legal restrictions on e-cigarettes whatsoever.This overview of national regulations not only clarified the legal status of e-cigarettes in the ASEAN region but also provided informing lessons for countries currently lacking e-cigarette regulations such as China.展开更多
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
Legal management is the fundamental guarantee of urban rail transit management's benign operation; and the comprehensive legal management of urban rail transit is also the important development trend of urban rail tr...Legal management is the fundamental guarantee of urban rail transit management's benign operation; and the comprehensive legal management of urban rail transit is also the important development trend of urban rail transit in the world. This article aims to analyze the problems existing in China's urban rail transit legal management, to improve the corresponding laws and regulations system, and to put forward some suggestions on how to optimize the urban rail transit legal management.展开更多
As an important rectifying mechanism to the involved parties-oriented civil litigation model,the mandatory attorney system requires the involved parties of a lawsuit to appoint a lawyer to represent them in the litiga...As an important rectifying mechanism to the involved parties-oriented civil litigation model,the mandatory attorney system requires the involved parties of a lawsuit to appoint a lawyer to represent them in the litigation,otherwise they will be rejected because the litigation requirements aren’t met.This seems to restrict the litigants’right to initiate a lawsuit by themselves.Through the arrangement of the system for the participation of lawyers in some litigation procedures,stages,and cases,coupled with the legal principle of litigation costs,the litigation costs sharing mechanism,legal aid,and other related supporting systems,it is not only a substantive guarantee for the litigants’right of action,but also can even strengthen the protection of the litigants’right of action in civil litigation.Based on the need to effectively protect and strengthen the litigants’right of action,combined with its civil litigation system and judicial operation environment,China should adopt a phased and gradual strategy to introduce and implement the mandatory attorney system in civil litigation while constantly improving its lawyer system,litigation costs system,legal aid system,and other related supporting systems.展开更多
The popularity of flexible working hours around the world has slowed down the historical trend of reducing working hours.It even shows signs of regression.Whether and how to guide the cur-rent society with flexible wo...The popularity of flexible working hours around the world has slowed down the historical trend of reducing working hours.It even shows signs of regression.Whether and how to guide the cur-rent society with flexible working hours to return to the historical track of reducing working hours,improve the quality of working hours,and promote a smooth transition from the era of traditional standard work-ing hours to the era of flexible working hours has become a question related to the legal regulation of working hours in the new era.In this regard,although Western countries have proposed new regulatory concepts and carried out legislative practices with distinctive charac-teristics,the limitations of legal regulation capabilities have prevented them from proposing a package of institutional solutions.The advan-tage of China in the ability of legal regulation of working hours has been gradually formed in the legislation on working hours unnder the leadership of the CPC in the past century.It enables China to break through the limitations of the West and propose a Chinese approach to answer the question of the legal regulation of working hours in the new era from three aspects:limiting the extension of working hours,improving the quality of flexible working hours,and optimizing the funnctions of the multi-funnctional regulatory system for working hours.展开更多
In the present era, water contamination represents one of the considerable environmental problems. Population growth along with ever increasing industrial developments has resulted in the contamination of most of the ...In the present era, water contamination represents one of the considerable environmental problems. Population growth along with ever increasing industrial developments has resulted in the contamination of most of the water resources in the world, bringing about serious problems for humans and other living organisms. According to the human life on earth depends on the way different water resources are exploited, the most important way to preserve the quality of water resources is to codify appropriate regulations and standards and develop plans for proper and principled implementation of them. Therefore, it seems to be necessary to take required actions to manage water resources optimally. In this regard, one of the most significant legal tools is the law. Following a descriptive-analytic approach, the present research aims to consider legal challenges in the context of water contamination briefly. Investigations indicate that, given the limitations in water resources, in future, water contamination will raise serious problems for the country should the solutions and measures required for tackling this issue are not well incorporated into respective regulations. As such, in order to systemize the activities within this scope, it is necessary to codify a comprehensive act about different water-related topics, so as to cover all separate and sparse pieces of regulations on water. Further, acquiring help from experts when preparing the regulations with an emphasis on the inhibitory role of penalties, roles of NGOs and culture-making in the society will contribute to the successful legal protection of the quality of water resources.展开更多
With the acceleration of industrialization,urbanization,as well as the reform and opening-up,the amount of migrant workers is increasing sharply. However,the specialty of criminal cases is ignored,rights of migrant fa...With the acceleration of industrialization,urbanization,as well as the reform and opening-up,the amount of migrant workers is increasing sharply. However,the specialty of criminal cases is ignored,rights of migrant farmers and legal aids for them are neglected,making them commit crimes for lack of basic knowledge of laws and failing to be treated with fairness. The aim of enjoying human rights is a failure.Based on the legal aids for migrant workers,the paper discusses how to protect legal rights of migrant workers in criminal cases and make them enjoy fairness of laws,making laws play a true part in criminal cases and fulfill the aim of human rights protection.展开更多
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The Human Immunodeficiency Virus and the resultant disease—Acquired Immune Deficiency Syndrome are global epidemics in recent times. Although the effects of the epidemic have been curtailed somewhat in the developed world, it is not so in developing countries. As such it affects not only the infected but those directly dependent on them. Some of the affected people have been identified as children, who turn out to be unprepared for and defenceless against the imminent hardship prevalent as a consequence of the disease. The effects of the epidemic are felt more in the developing world than in developed countries and this is because the attitude of the developed world to the epidemic is positive, enhanced by awareness of the disease;whereas in the developing countries, a lot of myths are attached to it, affecting the requisite attitude needed to combat the epidemic and its effects. This paper seeks to examine the effects of this epidemic on children in Nigeria, comparing the effects on children in other African countries. The paper also looks at structures in place to cater for these children, and then seeks to proffer improved means of protecting their rights.
文摘The process of constructing hydraulic projects on international rivers is governed by several legal regulations, among the most important of these regulations are: the Principle of no harm, and the Principle of Prior Notification, protection of the river's environment and the Principle of Settling the International Disputes via Peaceful Means, which is considered one of the most important principles called for by the UN Pact, as it provides for adopting the peaceful means by the member states of the organization to settle international disputes through peaceful means, in addition to an applied study on the Nile Basin's projects.
文摘In modern society, online shopping on behalf of others has become a trendy pattern of consumption and particularly the overseas purchasing on WeChat has blossomed like a raging fire. However, this low-cost and unsupervised purchasing pattern has brought countless con? icts between consumers and procurement service providers. As a consequence, based on the sales pattern on WeChat overseas purchasing, this paperdelivers a classifled discussion about the legal relationship between the procurement service provider and other subjects in the overseas purchasing process, in order to further explore the legal obligations undertaken by the procurement service provider. Besides, this paper also digs deep into the reasons for drawbacks of the WeChat sales pattern, in the hope to standardize the trading mode of WeChat overseas purchasing.
基金a staged achievement of the scientific research project “Research on Solution to Rural Disputes in Hunan in the Functionalist Paradigm” of the Education Department of Hunan Province(Project No.:11C1297)the research project “Diverse Dispute Solution Mechanism in the Rural Area of Hunan Province from the Perspective of Sociology of Law” held by the Philosophy and Social Science Achievements Review Committee of Hunan Province(Project No.:1011331B)
文摘As one of the human rights protection systems for rural residents, legal aid is an important well-being project. It provides legal assistance to the rural population with regard to every aspect of the application of the law, and reflects the care and assistance given to rural residents. It is an important way to ensure the equal realization of legitimate rights and interests of rural residents, and it is also a powerful measure to promote the all-round development of the rural population. After more than 20 years of growth, China’s rural legal aid work has achieved gratifying results. However, there are still outstanding problems such as unbalanced supply and demand, narrow scope, and tight funding. Therefore, we should build on the practice of rural legal aid to expand the number of aid teams, improve the quality of legal aid, broaden the scope of aid, and provide financial support so that rural legal aid can be truly visible, accessible, affordable and well performed.
基金The special project of Anhui Philosophy and Social Science Planning Project(AHSKXZX2021D03)。
文摘As a data protection legislation with the dual objectives of market regulation and government supervision,the EU General Data Protection Regulation(GDPR)is designed to promote the cultivation of a market for data ele⁃ments and to regulate the data processing subjects'behaviour.The civil legal norms to participate in the data market regulation are introduced,and a right-protected mode with the obligation norms of data controllers as the core is started by GDPR.However,from the perspective of GDPR's global enforcement effectiveness,as an export-orientated global standard and protection framework,the power regulation model of the EU's single digital market is facing the in⁃novative incentives of data market expansion and the tension of human rights protection.A more modest and moderate data governance regulation model has been opened by a new round of the EU digital market regulation.The legal sce⁃narios transition and digital platforms regulation more fit the regulatory demand and development goals of global digital economy development.The EU's determination to enhance the global digital market share and competitiveness is dem⁃onstrated.For China,the impact and security risks of the new round should be evaluated carefully,drawing on the ex⁃perience of the technical standpoint and institutional framework and regulatory rules of the EU digital market regula⁃tion,providing the regulatory models and Chinese solutions to respond to the EU digital market regulation,and enhanc⁃ing Chinese institutional discourse and rule-making leadership in the global digital economy.
文摘In African countries,regulations on the management of WTE(Waste from Information Technology Equipment)are non-existent or sometimes insufficient,if they exist.This study shows how to mention waste from information technology equipment in a country that does not have a regulatory legislative framework or organized management channels.A methodological approach based on documentary research and semi-directed interviews was adopted in this work.The results showed that 54.55%of institutional managers are unaware of the existence of regulations for the management of WTE,both at the national and international levels;72.72%of these managers do not have a specific implementing text for this management;72.73%of institutions have adopted an acquisition policy based on the needs of workers and 81.82%of institutions store WTE in warehouses.Relations with waste collection SMEs(Small and Midsize Enterprises),especially for IT equipment,are limited for 72.73%of institutions.In terms of improving the capacity to manage WEEE(Waste Electrical and Electronic Equipment),90.91%of institutions do not offer training or awareness raising.Overall,no significant indicators are in place to assess WEEE management in institutions,which reflects a lack of commitment and awareness among institutional managers.In addition,there are no financial means for ecological and sustainable management.Although 27.27%of managers are aware of the dangers to human health and the environment related to IT equipment,they are often unaware of the harmful consequences of abandoning it in nature.
文摘With large-scale engineering projects being carried out in China, a large number of fossil localities have been discovered and excavated by responsible agencies, but still some important fossils of great value have been removed and smuggled into foreign countries. In the last three years, more than 1345 fossil specimens have been intercepted by Customs in Shenzhen, Shanghai, Tianjin, Beijing and elsewhere, and more than 5000 fossils, most of which are listed as key fossils,
文摘This study is conducted on the special provision of the Korean government to prevent youths' addiction to online games. Judging that the youths' addiction to online games is serious, the Korea government made a legal provision to control the phenomena of youths' online game addiction. At that time, there were lots of conflicting opinions in the course of implementation of the related governmental act. The purpose of this study is investigating what conflicting opinions there were in the course of the legislation and also the fundamental cause of the opinion confliction and the countermeasures thereby. Especially, it is noteworthy that two departments of the government had different legal approaches toward the issue. Thus, this study will present an affordable suggestion for other countries which have youths' online game addiction problems.
文摘A series of laws and regulations related to the oil and gas.resources have already been pro-mu]gated and provided a legal basis for the activities of petroleum exploration and exploita-tion in China.These laws are as follows:
文摘The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object (or aid recipient) is a party in a given legal case, who is granted legal aid. They are often among the disadvantaged group in criminal cases, since most of them are mentally challenged, lack free- dom or have health problems.' Both international and domestic laws have certain norms regarding objects of criminal legal aid. Our domestic law places more emphasis on "defen- dants" while downplaying "suspects" and "victims" in identifying objects.
文摘This paper deals with a very important issue,which concerns the possibility of establishing a public-private partnership(PPP),through which link is made between the public and the private sector,for the benefit of both sectors,which is a very important opportunity for the realization of different infrastructure projects,and of course tourism facilities can be created in this form.Particular attention is given to the legal regulation of this issue in the Republic of Macedonia.It is mainly expressed through the provisions of the Law on PPP,which makes a clear distinction between the public and the private partner.Public partner is a legal entity that gives an agreement for the establishment of a public private partnership.Private Partner is a domestic or foreign legal entity or natural person or consortium with whom the public partner concludes an agreement for a PPP.
文摘The market and popularity of e-cigarettes are growing rapidly worldwide.However,the research and regulation of this novel products have lagged behind.In this paper,we reviewed and compared the regulatory mechanisms regarding e-cigarettes among ten Association of Southeast Asian Nations(ASEAN)member states.Our findings demonstrated a continuum of the legal regulations of e-cigarettes in this region:on the one hand,countries such as Brunei,Cambodia,Thailand,and Singapore have prohibited the importation and sale of e-cigarettes with existing tobacco control laws or specific regulations;on the other,countries such as Myanmar and Vietnam had almost no legal restrictions on e-cigarettes whatsoever.This overview of national regulations not only clarified the legal status of e-cigarettes in the ASEAN region but also provided informing lessons for countries currently lacking e-cigarette regulations such as China.
文摘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.
文摘Legal management is the fundamental guarantee of urban rail transit management's benign operation; and the comprehensive legal management of urban rail transit is also the important development trend of urban rail transit in the world. This article aims to analyze the problems existing in China's urban rail transit legal management, to improve the corresponding laws and regulations system, and to put forward some suggestions on how to optimize the urban rail transit legal management.
文摘As an important rectifying mechanism to the involved parties-oriented civil litigation model,the mandatory attorney system requires the involved parties of a lawsuit to appoint a lawyer to represent them in the litigation,otherwise they will be rejected because the litigation requirements aren’t met.This seems to restrict the litigants’right to initiate a lawsuit by themselves.Through the arrangement of the system for the participation of lawyers in some litigation procedures,stages,and cases,coupled with the legal principle of litigation costs,the litigation costs sharing mechanism,legal aid,and other related supporting systems,it is not only a substantive guarantee for the litigants’right of action,but also can even strengthen the protection of the litigants’right of action in civil litigation.Based on the need to effectively protect and strengthen the litigants’right of action,combined with its civil litigation system and judicial operation environment,China should adopt a phased and gradual strategy to introduce and implement the mandatory attorney system in civil litigation while constantly improving its lawyer system,litigation costs system,legal aid system,and other related supporting systems.
基金funded by the National Social Science Fund of China (Western Region Program)“Research on Improving the Quality of Legislation in China on Rest and Vacation from a Global Perspective”(Project Approval Number:19XFX014)。
文摘The popularity of flexible working hours around the world has slowed down the historical trend of reducing working hours.It even shows signs of regression.Whether and how to guide the cur-rent society with flexible working hours to return to the historical track of reducing working hours,improve the quality of working hours,and promote a smooth transition from the era of traditional standard work-ing hours to the era of flexible working hours has become a question related to the legal regulation of working hours in the new era.In this regard,although Western countries have proposed new regulatory concepts and carried out legislative practices with distinctive charac-teristics,the limitations of legal regulation capabilities have prevented them from proposing a package of institutional solutions.The advan-tage of China in the ability of legal regulation of working hours has been gradually formed in the legislation on working hours unnder the leadership of the CPC in the past century.It enables China to break through the limitations of the West and propose a Chinese approach to answer the question of the legal regulation of working hours in the new era from three aspects:limiting the extension of working hours,improving the quality of flexible working hours,and optimizing the funnctions of the multi-funnctional regulatory system for working hours.
文摘In the present era, water contamination represents one of the considerable environmental problems. Population growth along with ever increasing industrial developments has resulted in the contamination of most of the water resources in the world, bringing about serious problems for humans and other living organisms. According to the human life on earth depends on the way different water resources are exploited, the most important way to preserve the quality of water resources is to codify appropriate regulations and standards and develop plans for proper and principled implementation of them. Therefore, it seems to be necessary to take required actions to manage water resources optimally. In this regard, one of the most significant legal tools is the law. Following a descriptive-analytic approach, the present research aims to consider legal challenges in the context of water contamination briefly. Investigations indicate that, given the limitations in water resources, in future, water contamination will raise serious problems for the country should the solutions and measures required for tackling this issue are not well incorporated into respective regulations. As such, in order to systemize the activities within this scope, it is necessary to codify a comprehensive act about different water-related topics, so as to cover all separate and sparse pieces of regulations on water. Further, acquiring help from experts when preparing the regulations with an emphasis on the inhibitory role of penalties, roles of NGOs and culture-making in the society will contribute to the successful legal protection of the quality of water resources.
文摘With the acceleration of industrialization,urbanization,as well as the reform and opening-up,the amount of migrant workers is increasing sharply. However,the specialty of criminal cases is ignored,rights of migrant farmers and legal aids for them are neglected,making them commit crimes for lack of basic knowledge of laws and failing to be treated with fairness. The aim of enjoying human rights is a failure.Based on the legal aids for migrant workers,the paper discusses how to protect legal rights of migrant workers in criminal cases and make them enjoy fairness of laws,making laws play a true part in criminal cases and fulfill the aim of human rights protection.