In contrast to private interest litigation,public interest litigation provides a more potent solution to personal information infringements marked by extensive scope,unspecified victims,and limited individual loss.How...In contrast to private interest litigation,public interest litigation provides a more potent solution to personal information infringements marked by extensive scope,unspecified victims,and limited individual loss.However,com⁃pensatory damages remain a contentious issue,both in theory and in practice,within the legal framework of personal in⁃formation public interest litigation.Through an empirical study conducted within China's judicial practice,this paper reveals that the pending issue concerning the nature and function of compensatory damages has caused highly contra⁃dictory verdicts regarding their calculation and allocation,as well as their relationship with other forms of pecuniary li⁃abilities.Only by acknowledging the role of compensatory damages imposed in personal information public interest liti⁃gation as"Skimming off Excess Profits",and affirming their function as deterrence rather than compensation can they truly achieve the broader objective of safeguarding personal information security and promoting public welfare,as well as avoid disrupting the harmony of the existing legal landscape.展开更多
In recent years, the frequent occurrences of marine oil spills have already become one of the major reasons threatening the marine ecological safety of China. In the event of oil spill, oth-er than taking the necessar...In recent years, the frequent occurrences of marine oil spills have already become one of the major reasons threatening the marine ecological safety of China. In the event of oil spill, oth-er than taking the necessary emergent measures aiming specifically at the damage to the marine ecology and environment, using legal means to assure that the damage liabilities are borne by the respon-sible persons to protect the national interests are also very neces-sary. This paper advances five recommendations regarding the development of a system for ecological legal compensations from the standpoint of the current status of legislation and execution of the laws on compensation of oil spill polluting marine ecosystem. These five recommendations include: determination of the status of juristic action in marine ecological and environmental compen-sations in accordance with the laws, determination of plaintiff of marine ecological and environmental compensations in accordance with the laws, determination of the four basic principles in the le-gal actions of marine ecological and environmental compensations in accordance with the laws, determination of assessment technical standard of marine ecological and environmental damages in ac-cordance with the laws, and determination of the scope of marine ecological and environmental compensations in accordance with the laws.展开更多
Human never stop the journey of exploring the ocean.Since the industry revolution,the advanced technology had been used for drilling platform on sea,submarine cable and subsea tunnel.At the same time,the ocean shippin...Human never stop the journey of exploring the ocean.Since the industry revolution,the advanced technology had been used for drilling platform on sea,submarine cable and subsea tunnel.At the same time,the ocean shipping develops fast in order to pursue the cheaper product materials among countries.But the human activities have greatly influenced the ecology and environment of the ocean."Torres Canyon"oil pollution case,Terrell smeltery arbitration case,Dalian new harbor7.16exploding case all greatly damaged the ocean environment.Therefore,through continual exploration,countries have signed a series of international agreement to construct systematic judging and compensating mechanism.展开更多
The contemporary social needs inherently emphasize on knowledge, adaptability, and unconventional problem-solving. They require development of skills in communication, collaboration, rapid-reaction in challenges, taki...The contemporary social needs inherently emphasize on knowledge, adaptability, and unconventional problem-solving. They require development of skills in communication, collaboration, rapid-reaction in challenges, taking charge of initiatives, and administration of choices. The educational system needs to adapt in order to meet the contemporary requirements. This introduction deals with the applications of the new technologies through Internet in the school program of the Secondary Greek education when the digital gap is more and more bridged at national and European level. Nowadays, Intemet access is fundamental right to all European citizens and their governments should offer it together with the feeling of responsibility and liability. Through the foreign language education, interculturality and multicultural civilization are enhanced, qualities that the European citizens should have.展开更多
A survey of opinion conducted by the Observatory of Public Broadcasting in Latin America indicates that one of the biggest challenges for Brazilian public broadcasting lies in changing the perception that has been cry...A survey of opinion conducted by the Observatory of Public Broadcasting in Latin America indicates that one of the biggest challenges for Brazilian public broadcasting lies in changing the perception that has been crystallized by the public in relation to such stations. Initial analysis of the data obtained so far shows that the respondents have a negative image in relation to public media. At times, the people manifest themselves in favor of the principles that should delimit the performance of radios and TVs, such as diversity, independence, and differentiation from commercial media, but, which are not fully followed. At other times, they criticize the quality of programming and the political-governmental character of these stations. In this critical scenario, the paper presents a discussion on the challenges facing the sector considering the complex historical, cultural, and economic policy circumstances, that have contributed to the maintenance of this "symbolic liability" between media and the audience/citizens, and which reflects on the possible strategies to face the problem.展开更多
the Rotterdam rules has made several changes in the carrier' s liability basis: to new refinement and classification of transport subject, responsibility foundation uses the presumption of fault pattern completely, ...the Rotterdam rules has made several changes in the carrier' s liability basis: to new refinement and classification of transport subject, responsibility foundation uses the presumption of fault pattern completely, and extends the carrier' s liability to "door to door" , during the extension of airworthiness an obligation, we make correction to transport law more than traditional exceptions to further improve the limitation of liability of the carrier, aiming at the carder part of the obligation we introduce the principle of freedom of contract.展开更多
The reputation is within the scope of personal fights, and the reputation of civil subject is protected by law. Identification of acts of defamation must be based on facts and law. If the perpetrator with a non-legiti...The reputation is within the scope of personal fights, and the reputation of civil subject is protected by law. Identification of acts of defamation must be based on facts and law. If the perpetrator with a non-legitimate means damages the reputation of the civil subject, with some impact, the actor should bear civil liability. Meanwhile, there are problems in right identifying defamation, such defenses, an identification of violation of corporate reputation, the reputation of the deceased identified violations and fi'eedom of the press, public opinion against the reputation of the finds, etc., whose solving is significant for practical guidance.展开更多
Offshore oil and gas exploration and production comes with risk of release of hydrocarbons in to sea. Today, the probability of such an event is relatively low, but the consequences are nevertheless significant and ca...Offshore oil and gas exploration and production comes with risk of release of hydrocarbons in to sea. Today, the probability of such an event is relatively low, but the consequences are nevertheless significant and can cover a vast geographical area. As such, it raises the question as to whether liability and compensation in oil & gas related incidents should be covered under international law. Current international legislation addresses the issue mainly in terms of shipping. This paper attempts to shed light on the topic in relation to oil and gas exploration whilst investigating notable events in the UK and the USA. The findings show that domestic laws of these countries cover the matter sufficiently. However, the question of whether the regulation should fall under international regulation can unfortunately not be answered with confidence as it would require a test-case of a situation where an oil spill affects multiple littoral states.展开更多
文摘In contrast to private interest litigation,public interest litigation provides a more potent solution to personal information infringements marked by extensive scope,unspecified victims,and limited individual loss.However,com⁃pensatory damages remain a contentious issue,both in theory and in practice,within the legal framework of personal in⁃formation public interest litigation.Through an empirical study conducted within China's judicial practice,this paper reveals that the pending issue concerning the nature and function of compensatory damages has caused highly contra⁃dictory verdicts regarding their calculation and allocation,as well as their relationship with other forms of pecuniary li⁃abilities.Only by acknowledging the role of compensatory damages imposed in personal information public interest liti⁃gation as"Skimming off Excess Profits",and affirming their function as deterrence rather than compensation can they truly achieve the broader objective of safeguarding personal information security and promoting public welfare,as well as avoid disrupting the harmony of the existing legal landscape.
基金funded by the "Study of Legal Mechanism of Compensation Demanded by the State and International Practices in Marine Ecological Damages (Grant No.2008GXS5B100) in the Programme of national Soft Sciences Research Projects
文摘In recent years, the frequent occurrences of marine oil spills have already become one of the major reasons threatening the marine ecological safety of China. In the event of oil spill, oth-er than taking the necessary emergent measures aiming specifically at the damage to the marine ecology and environment, using legal means to assure that the damage liabilities are borne by the respon-sible persons to protect the national interests are also very neces-sary. This paper advances five recommendations regarding the development of a system for ecological legal compensations from the standpoint of the current status of legislation and execution of the laws on compensation of oil spill polluting marine ecosystem. These five recommendations include: determination of the status of juristic action in marine ecological and environmental compen-sations in accordance with the laws, determination of plaintiff of marine ecological and environmental compensations in accordance with the laws, determination of the four basic principles in the le-gal actions of marine ecological and environmental compensations in accordance with the laws, determination of assessment technical standard of marine ecological and environmental damages in ac-cordance with the laws, and determination of the scope of marine ecological and environmental compensations in accordance with the laws.
文摘Human never stop the journey of exploring the ocean.Since the industry revolution,the advanced technology had been used for drilling platform on sea,submarine cable and subsea tunnel.At the same time,the ocean shipping develops fast in order to pursue the cheaper product materials among countries.But the human activities have greatly influenced the ecology and environment of the ocean."Torres Canyon"oil pollution case,Terrell smeltery arbitration case,Dalian new harbor7.16exploding case all greatly damaged the ocean environment.Therefore,through continual exploration,countries have signed a series of international agreement to construct systematic judging and compensating mechanism.
文摘The contemporary social needs inherently emphasize on knowledge, adaptability, and unconventional problem-solving. They require development of skills in communication, collaboration, rapid-reaction in challenges, taking charge of initiatives, and administration of choices. The educational system needs to adapt in order to meet the contemporary requirements. This introduction deals with the applications of the new technologies through Internet in the school program of the Secondary Greek education when the digital gap is more and more bridged at national and European level. Nowadays, Intemet access is fundamental right to all European citizens and their governments should offer it together with the feeling of responsibility and liability. Through the foreign language education, interculturality and multicultural civilization are enhanced, qualities that the European citizens should have.
文摘A survey of opinion conducted by the Observatory of Public Broadcasting in Latin America indicates that one of the biggest challenges for Brazilian public broadcasting lies in changing the perception that has been crystallized by the public in relation to such stations. Initial analysis of the data obtained so far shows that the respondents have a negative image in relation to public media. At times, the people manifest themselves in favor of the principles that should delimit the performance of radios and TVs, such as diversity, independence, and differentiation from commercial media, but, which are not fully followed. At other times, they criticize the quality of programming and the political-governmental character of these stations. In this critical scenario, the paper presents a discussion on the challenges facing the sector considering the complex historical, cultural, and economic policy circumstances, that have contributed to the maintenance of this "symbolic liability" between media and the audience/citizens, and which reflects on the possible strategies to face the problem.
文摘the Rotterdam rules has made several changes in the carrier' s liability basis: to new refinement and classification of transport subject, responsibility foundation uses the presumption of fault pattern completely, and extends the carrier' s liability to "door to door" , during the extension of airworthiness an obligation, we make correction to transport law more than traditional exceptions to further improve the limitation of liability of the carrier, aiming at the carder part of the obligation we introduce the principle of freedom of contract.
文摘The reputation is within the scope of personal fights, and the reputation of civil subject is protected by law. Identification of acts of defamation must be based on facts and law. If the perpetrator with a non-legitimate means damages the reputation of the civil subject, with some impact, the actor should bear civil liability. Meanwhile, there are problems in right identifying defamation, such defenses, an identification of violation of corporate reputation, the reputation of the deceased identified violations and fi'eedom of the press, public opinion against the reputation of the finds, etc., whose solving is significant for practical guidance.
文摘Offshore oil and gas exploration and production comes with risk of release of hydrocarbons in to sea. Today, the probability of such an event is relatively low, but the consequences are nevertheless significant and can cover a vast geographical area. As such, it raises the question as to whether liability and compensation in oil & gas related incidents should be covered under international law. Current international legislation addresses the issue mainly in terms of shipping. This paper attempts to shed light on the topic in relation to oil and gas exploration whilst investigating notable events in the UK and the USA. The findings show that domestic laws of these countries cover the matter sufficiently. However, the question of whether the regulation should fall under international regulation can unfortunately not be answered with confidence as it would require a test-case of a situation where an oil spill affects multiple littoral states.