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Hate Crimes Methodological, Theoretical & Empirical Difficulties A Pragmatic & Legal Overview
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作者 Gadi Hitman Dror Harel 《Cultural and Religious Studies》 2016年第1期1-13,共13页
Hate crimes are a culture phenomenon which is perceived by most as an occurrence that should be uprooted from the society. Yet, to date, we have been unable to do so. Hate crimes are the subject of research and commen... Hate crimes are a culture phenomenon which is perceived by most as an occurrence that should be uprooted from the society. Yet, to date, we have been unable to do so. Hate crimes are the subject of research and comments by experts in various fields. In this regard, most scholars agree that a hate based crime is distinguished from a "regular" criminal offence by the motive--the attack is aimed at a victim who is part of a differentiated minority group. However, when reading the relevant documents in the area, it seems that the differences between the experts start at the most basic point--what constitutes hate crimes? This article analyses the concept of "hate crimes" via an interdisciplinary approach aimed at flashing out the fundamental gaps in the research. We have found that the problems include, inter alia, discrepancies in the definition of hate crimes, methodological difficulties regarding validity and legitimacy (mainly due to the absence of information based on the attacker's point of view) and the lack of agreement on the appropriate legal methods required to deal with the ramifications of hate crimes. While part I of this paper revolves around the theoretical aspects of the questions put forth at the centre of this article, part II looks at the same questions from a legal viewpoint. The correlation between the two chapters shows the impact the methodological difficulties have on enforcement endeavors. This relation is further advanced through the examination of test cases from different countries, among them--lsrael. Finally, the article concludes by suggesting a few thoughts on the way to overcome the theoretical problems and making the enforcement efforts more efficient. 展开更多
关键词 hate crimes methodological problems legal enforcement
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Study on Major Issues Conceming the Implementation of the Online Game Shutdown System --With an Emphasis on Examples of Korea
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作者 Sung Wook Choi 《Chinese Business Review》 2016年第10期479-484,共6页
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
关键词 online game shutdown system game addiction Korea government legal regulation
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民法中“合意瑕疵”论的发展及研究
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作者 山本敬三 杜颖 《私法》 2001年第1期67-95,共29页
该文主要介绍了'合意瑕疵'理论的发展,并进行了若干研究。该文研究的重点在于,如何认识实际中进行了磋商,但是意思或意思形成的过程中存在问题的合意的效力,把此时的合意作为合意来处理必须具备哪些要件。该文首先对有关合意瑕... 该文主要介绍了'合意瑕疵'理论的发展,并进行了若干研究。该文研究的重点在于,如何认识实际中进行了磋商,但是意思或意思形成的过程中存在问题的合意的效力,把此时的合意作为合意来处理必须具备哪些要件。该文首先对有关合意瑕疵的理论之争做概述,重点介绍日本新近出现的对'合意瑕疵'法律行为法的传统制度构成进行扩张的新动向。接着介绍其幕后出现的判例所采用的侵权行为法律构成的动向,并探讨其对法律行为法的影响。最后,以'合意瑕疵'理论中有关自己决定论与法律提供特殊保护之间的冲突与整合问题作结论。 展开更多
关键词 合意瑕疵 法律行为法 侵权行为法 合意效力
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