Analysis and Practical Significance of Lenin＇s Legal Supervision Theory

In order to ensure that law can be effectively implemented, Lenin started from social reality and construction of regime in Soviet Russia, and systematically analyzed value significance and system construction of legal supervision, based on which he proposed to establish unified legal supervision system to fulfill the functions of legal supervision. The paper starts with theoretical basis and content of Lenin＇ s legal supervision, and expounds the importance of legal supervision in Soviet Russia.

Timberland Investing and Private Property Rights in the United States of America

Investments in rural land for agriculture, timber, and other natural resource purposes occur frequently and globally. Fundamental principles of liberty and property found in the United States of America’s (“US”) legal system, from its origins to recent US Supreme Court decisions, continue to positively benefit holders of real estate in the Southern US, through a deep-rooted public policy of supporting private property rights and rural economic development. This stable rule of law enhances the long-term adaptability and sustainability of timberland as an asset class. This article is a commentary. It combines legal research methodology with the observations and conclusions of the authors. Its purpose is to demonstrate that the existence of alienable, documentable ownership, and related property rights create inherent stability and security. These principles form the basis of a culture that is defined by the rule of law and is “open for business.” This business mindset is particularly prevalent in the Southern US.

Virtual Property：the Realization of Rights and Value

In the protection of the virtual property,online game is a new field.And it is important to analyze the legal protection of the rights and value of the virtual property.This paper attempts to analyze the current situation and shortcom ings of the legal protection of the virtual property in China by referring to the advanced experience of the developed countries,so as to perfect the legal guarantee of the virtual property and support the sustainable developm ent of the netw ork industry in China.

The Biopolitical Incarnation of Populism:A Voice From Poland

In the presented paper,the author starts with diagnosing the state of research on populism and biopolitics simultaneously.The author states that most often in the literature the topic of populism(Laclau,Mouffe,Mudde,and Panizza)is considered separately from the problems related to biopolitics(Foucault,Negri,Agamben,and Esposito).The author would like to change this separation by bringing these two discourses closer together.The author’s main aim is to rethink populism from a biopolitical perspective,i.e.,to implement national politics over the population.Furthermore,the author reconstructs the logic of such biopolitical populism with the example of Poland,and as a consequence,the program of the“Law and Justice Party(PiS)”,which,after coming to power in 2015,introduced a new policy of“legal populism”,closely related to the conservative“procreative policy”(prohibition of abortion),and the family-oriented economy(financial supplement for each family for the second child,the so-called“500 plus”program).

Construction of Network Legal Supervision Mode With Chinese Characteristics

Localizing network legal supervision based on national conditions, legal traditions and the needs of economic and political development is the basis to manage and administrate the network by law. Adjusted to media convergence and the needs of network cultural industry development, China has made the lawmaking of media transform from practical service oriented management to functional oriented management of media. This strategy aims to prevent network medium risk effectively according to network communication regularity.

The Prosecutorial Protection of Digital Human Rights

In the digital age,the rise of digital human rights has become an important expansion in the field of human rights.When advancing digital prosecution strategies,prosecutorial agencies should pay greater attention to the protection of digital human rights.The fragile state of digital human rights and the unique position of prosecutorial agencies in human rights protection make it imperative that prosecutorial agencies place more emphasis on fulfilling their responsibilities in legal oversight to promote the protection of digital human rights.Currently,prosecutorial agencies have strengthened the protection of digital human rights through such measures as promoting legal oversight with big data,enhancing the handling of criminal cases involving citizens'digital human rights,expanding the scope of public interest litigation protecting digital human rights,and improving their roles in civil and administrative prosecution.However,there are still challenges related to the inadequacy of updating the mindset,the incompleteness of measures,and the lack of innovation in mechanisms and systems.Therefore,prosecutorial agencies should further align with the implementation of digital prosecution strategies,update their human rights protection concepts,intensify efforts to combat cybercrime,strengthen the protection of citizens'personal information through prosecution,enhance public interest protection of collective digital human rights through public interest litigation,and actively innovate prosecutorial work mechanisms and systems to bolster the protection of digital human rights.

Impact of Sino-US Trade Agreement on Chinese Legal System about Intellectual Property Rights

On January 15,2020,the representatives of Sino-US trade signed Phase I Economic and Trade Agreement Between the Government of the People’s Republic of China and the Government of the United States of America in Washington,which symbolizes the temporary settlement of two-year Sino-US trade war in relatively peaceful method and lays a good foundation in mutual trust for subsequent Phase II negotiation.This Agreement includes eight chapters involving Sino-US economic and trade and is called the model of the international bilateral agreement by virtue of its wide field and rigorous details.The impact of clauses about intellectual property rights on China’s current legal system and the future revision direction of China’s relevant laws for conformance with the Agreement will be discussed emphatically so that the author can rapidly understand the impact and significance of Sino-US trade agreement to Chinese law.

China’s apparel industry calls for strengthening intellectual property protection

"The patent protection of the apparel industry needs to race against time."Yan Wuzhou,legal director of Bosideng Group,said at the China Apparel Industry Intellectual Property Protection Forum that the Chinese apparel industry is in the process of transformation,upgrading and internationalization,and should be further strengthened the protection of apparel intellectual property rights.

Contentious Discourses： Signifying on the Law in African American Writing

African American narratives are peopled with subjectivities struggling to retrieve and reconstruct themselves as persons--and thus citizens--through and against American legal narratives, where personhood and citizenship are concerned. Thus, there was the problematic for blacks of how to apply citizenship to their corporeal existence when they were labeled as property. The historical legal narrative of America was constructed on the power of the dominant white elite to prevent the emergence of a narrative of African American life other than that which they authorize, legislate, and narrate. To this end, it has been argued, that narratives in African American literature treat the question of the legal status of African Americans or have it as a fundamental trope of struggle in the narrative. This idea suggests that the law＇s ability as a shaper and determinant of African American social identity, presets the narrative base for African American narrative. This paper examines the relationship between ＂＇laws of separations＂, and African American narrative through a rereading of works of two contemporary novelists, Toni Morrison and Gloria Naylor. Their works, the author argue, are counter-positioned narratives that create contentious dialogue and elaborate the way in which segregationist codes and Jim Crow laws are grounded in the very nature of citizenship for African Americans.

The Legal Attributes of Electronic Data and the Positioning of Data in Civil Law

There is little fundamental research in civil law theory on the relationship between computer data and goods(objects)and property under civil law.Existing judgments on online civil disputes and current theoretical research have tended to process electronic data as an object or property in isolation.But electronic data is not specific and independent;it does not fall under intangibles,nor can it be classified as an object with civil rights content.It has no independent economic value,and trading in data is constrained by its information content.Moreover,the realization of its value is dependent for protection on data security and self-control,so it cannot easily be regarded as property.Since electronic data is not an object,contracts for big data transactions can readily be defined as data service contracts,but given the uncertainty of the entity in question,the problem of externalities and the lack of a monopoly,it is not easy to realize data rights.Electronic data has the essential character of instrumental neutrality,and there are limits to the law’s imposition on it of regulatory functions.Online civil disputes can be divided into the instrumental and the virtual,used respectively as general tort remedy and as tort remedy for infringement of laws protecting others.

The Basic Orientation of Changes in Intellectual Property Law in China

The theory and practice of intellectual property law in China have gone through a process of transplantation,introduction,self-reliance and innovation.In the past 40 years of reform and opening up,starting from basic national conditions and development needs,China has correctly grasped institutional attributes and functions,shaped legal value objectives,constructed operational mechanisms for the rule of law and development,proactively carried out institutional transformation and reconstructed the spirit of law,thus achieving the localization of intellectual property law.At the same time,China has been active in responding to the issues of pluralism,stages,risk and non-modernity in the development of legal modernization and has promoted the development of the knowledge economy through institutional innovation in intellectual property;at the same time,it has effectively coped with the issues of diversification,fragmentation and unilateralism in the course of legal integration and has participated in the construction of a global governance system for intellectual property,thereby providing a new impetus for the international protection of intellectual property.On the basis of the sinicization or localization of intellectual property law,China has found its own means of achieving the modernization of law and its own road to the choice of legal integration.The basic orientation of its legal changes offer rich innovative connotations and a clear practical direction.

Methods and Paths for Rural Collectively Owned Profit-oriented Construction Land Entering into Trading Market

On the basis of analyzing cases of existing rural collectively owned profit-oriented construction land entering into trading market,this paper put forward several thoughts,introduced methods and paths for rural collectively owned profit-oriented construction land entering into trading market,including reforming rural collective land property right system,cultivating new rural collective economy organizations,helping them to become market entities; improving various legal systems,making clear range of construction land entering into trading market; formulating scientific benefit allocation mechanism; establishing fair and transparent decision making mechanism.

THE REVIEW OF THE THIRD INTERNATIONAL SYMPOSIUM ON LEGAL PROSPECT OF BRICS

Law experts from China and Italy have sponsored the international symposium on legal prospect of BRICS(Brazil,Russia,India,China and South Africa).Since 2012,the symposium has been held twice in Rome,Italy.This symposium was held in Harbin,China on May 29 and 30,2015.

法域协调视角下生成式人工智能产物涉知识产权问题研究——以ChatGPT为例

人类情感的表达是人类器官独有的自然反应,而并非是某种规则的产物。作品的认定应当包含作者的情感表达。现阶段的生成式人工智能并不具备情感表达能力,只是智能化程度更高的弱人工智能产品。其自身无法承担侵权责任,其生成物并不属于作品。随着科技的不断发展,带有情感的生成式强人工智能产品终有一天会被设计并投入使用,应对相关法律提前进行完善,以满足生成式强人工智能自身能够承担责任的需要。为了保证法律完善的顺利进行,应当坚持政策导向,并遵守法秩序统一性原则。具体完善路径包括:第一,肯定生成式强人工智能作为作者与被侵权人的主体地位;第二,应当明确生成式强人工智能在刑法上的地位,肯定其既可能成为刑法的犯罪主体,也能成为刑法中的被害人;第三,为生成式强人工智能设置专属的处罚方式。

公益诉讼中检察谦抑性原则的理论与应用

检察公益诉讼的顺利开展关乎检察权作用时机、检察权与行政权以及和私人权利关系的互动问题。在公益诉讼的启动上,人民检察院应以检察谦抑性原则为基本要求和追求,避免权力行使突破边界,并与民间代表力量充分协调,呵护民间自治力量的发展。在检察权和行政权关系问题上,应当厘清两类公权力的核心差异,合理划分二者的作用范围和边界,避免权力发生混淆和重叠。在检察权和私人权益的关系中,应当秉承公权行使保障私人权益的理念,注重公共利益和私人利益的均衡,避免绝对追求公益实现,忽视私益保护的情况发生。

论数字检察背景下协作式法律监督观

数字时代下,检察机关积极作为,主动推行“数字检察”改革,对法律监督进行数字化赋能。与传统法律监督相比,数字化的法律监督在监督范围、方式和规模上呈现出扩张倾向,这不仅带来潜在技术风险,还对原有的权力架构产生影响,具体表现为检察机关职权配置的内部隐忧、不同监督机关间的衔接难题以及检察机关与被监督机关的潜在冲突。面对这些问题,检察机关应从理念出发,树立协作式法律监督观。协作式法律监督观以协作共赢为监督目标,要求法律监督应奉行平等积极的监督态度,强调清晰统一的监督权责,重视沟通协作型监督方式,遵守技术性正当监督程序。协作式法律监督观以“条件论”作为理论起点,不仅有法律依据,也契合既有政策要求。检察机关应运用协作式法律监督观规范检察人员的行为,同时依托此理念推进检察机关内部职权优化,促进监督机关间衔接机制的构建,促成权力的新一轮定界与算法的有效治理。

知识产权是发展新质生产力的第一要素

生产要素、生产力与生产关系三者互动式发展,是人类社会进步的推动力量。从古典政治经济学到马克思主义的生产力理论及其中国当代“新质生产力”的理论创新,推动生产力发展的要素从“点状”到“面状”,已呈“立体状”。在新型生产要素及其组合创新中,知识产权是其内核。发展新质生产力,一方面要注重本土资源开发与知识产权保护,另一方面要将知识产权转化为现实生产力。同时,通过健全知识产权专门化审判体系,强化司法对新技术、新模式、新业态、新领域的促进作用,营造适应新质生产力发展的法律环境。在新质生产力的语境下,知识产权具有要素资源和法权双重属性,是发展新质生产力的第一要素。

论检察公益诉讼中的调查核实权

依据宪法和法律的规定,人民检察院是我国的法律监督机关。检察机关提起公益诉讼保护社会公共利益、维护社会治理秩序是人民检察院行使法律监督职责的重要内容和途径。调查核实权是检察机关充分行使公益诉讼法律监督职能的必要手段,保障和服务公益诉讼的顺利开展。检察公益诉讼中的调查核实权作为一项基础权力,虽具有非强制性和有限性,但具有一定的刚性和权威性。为更好地贯彻二十大精神,推动习近平法治思想的检察实践,应对公益诉讼不断发展的现实需求,应积极配合公益诉讼立法,在立法中对“调查核实”这一检察公益诉讼的核心环节加强规范,对调查核实权的属性、权力边界和运用程序予以进一步明确和细化。

数据产权刑法保护模式的构建

数据产权是一种具有财产权属性的新型权利,该权利与虚拟财产权和知识产权具有明显差异。数据产权属于刑法保护的公法益范畴,其应归属于市场经济秩序法益之中。现行刑法有关财产犯罪、知识产权犯罪和数据犯罪的规定均无法实现对数据产权的全面保护。刑法对数据产权的保护应以促进数据流通为主要目标,且应当覆盖数据处理的各流程阶段。对侵犯数据产权行为进行刑法规制时,应对“未经同意”获取数据行为审慎入罪。应增设妨害数据流通管理秩序罪,对“情节严重的”妨害数据流通管理秩序行为予以刑法规制。