Research on the Legal Framework of Content Regulations for Network Platforms

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.

The Legal Regulations on Dams Construction on International Rivers： The Compliance of the Nile Basin Upstream States of the Regulations

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.

A Study on the Legal Status of Procurement Service Providers on WeChat and Related Legal Regulations

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.

Regulation on the Protection of Fossils Issued by the State Council of the People's Republic of China:Scientists' Researches Protected Legally—Further Explanation

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,

Markets in crypto‑assets regulation:Does it provide legal certainty and increase adoption of crypto‑assets?

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.

Laws and Regulations for the Registration and Administration of Petroleum Exploration and Exploitation in China

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:

Legal Regulation of Public-Private Partnership in the Republic of Macedonia

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.

E-cigarettes in ten Southeast Asian countries:a comparison of national regulations

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.

Legal regulation of enterprises' environmental impact:a survey

The enterprise coordinates social resources, which changes the dialogue between human and the environment into that between enterprise and environment. The profit-making character of enterprise leads to the abandonment of environmental ethics. Enterprise, which has the capability to solve environmental problems, however, lacks the motive to do it. It has controlling power over society and should assume the responsibility of environmental protection. For its lack of environmental conscience, the external institutional arrangements should be made for enterprise. The strategy for environmental cost should be designed in connection with the interest orientation of enterprise. And various legal measures in constitutional law, social law, civil law, administrative law and criminal lave should be utilized to regulate enterprise＇s behaviors regarding environmental protection.

Improvement of Urban Rail Transit Laws and Regulations System in China

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.

Typological Analysis of Genome Editing and Its Legal Regulation Approach

Whether the legitimate boundary of human genome editing is gene therapy or genetic enhancement is an issue of fierce debate. To safeguard basic human rights such as the right to autonomous development and personal dignity, and protection of the current human social ethics and moral outlook and natural evolution order, gene therapy should be permitted while genetic enhancement should be prohibited. After the boundary of the genome editing application category is clearly defined, the risk that social inequality may increase, the biosafety and damage risk and the privacy and personal information disclosure risk brought by human genome editing should be analyzed.Based on this, the legal approach to regulating genome editing should be to adopt an inclusive and prudent hierarchical supervision idea ensuring universal access to genome editing under the social permission theory. A human rights impact assessment system and an in-process framework for diversified risk evaluation and inclusive and prudent hierarchical supervision, determine a posterior attribution principle and dynamically standardize genome editing application order in a closed-loop way.

Regulatory Impact Assessment of the EU Digital Market Surveillance and Chinese Response Plan

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.

Contribution to Computer Waste Management:Knowledge of the Regulatory Framework by Industry Stakeholders in Guinea

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.

On Answering the Question Related to the Legal Regulation of Working Hours in the New Era:Western Experience and Chinese Approach

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.

Ethical Risks and Legal Regulations of Surrogacy:from the Perspective of Recent Unethical Incidents of Surrogacy Abroad

Surrogacy has become a global phenomenon.Recent unethical incidents of surrogacy abroad reflect the ethical risks of surrogacy.Surrogacy mainly causes three ethical risks:first,it endangers the human dignity of the surrogate mother and child;second,it endangers good customs in terms of the family’s ethical and moral order;third,it is not in line with virtues in terms of protecting the disadvantaged children in surrogacy.The existence of ethical risks in surrogacy requires a completely prohibitive stance at the legal regulatory level.The reasons given by surrogacy supporters for denying the ethical risks are not convincing.Their recognition of the rationality of surrogacy is also not tenable.With the legal stance of complete prohibition,specific legal strategies include clarifying the legal principle of prohibiting surrogacy,increasing penalties for surrogacy,and implementing the principle of maximizing the interests of the children.

我们需要一部怎样的教育法典

在任何时代,法的发展重心都与社会的发展变迁紧密相关。社会结构的分化和统合,出现了多元的、具有不同利益追求的社会群体,使社会结构逐步趋于多样化,形成了若干利益追求不同的群体,导致原先的社会利益均衡被打破,在这种背景下,法律调整的基本方式被迫作出某种变化。1985年,我国的教育体制改革,使原先的社会关系以及由此产生的利益关系和利益机制开始出现某些实质性变化,社会出现结构性转换,分化出公域、私域以及介于二者之间的第三部门,导致了有关公法、私法、社会法问题的产生,教育权的再分配成为一个急需回答的问题。教师法律身份的变化、公办学校教师任用的变化、学校与学生关系的变化、学校法人制度的变化,等等,这些教育法演进的新趋势表明该法律领域横跨了多个法律部门,因此,“跨部门法律观”应成为教育法典编纂的新视角。跨部门教育法典具有更大的包容性、开放性和可持续性,使不同法律部门性质的法律规范都能在教育法典中和谐共存。

数据要素高效流通与风险防范法律规制研究

促进数据要素高效流通,保障数字经济的健康发展,既要解决阻碍发展的瓶颈问题,也要应对数字技术所带来的风险挑战。规制数据行为作为解决数据要素流通瓶颈问题的制度构建路径,从保护企业等主体的数据权益、打击垄断行为、促进数据资源的高效流转等方面实现正向激励具有理论和现实的可行性。运用法治手段保障数字经济社会的稳定秩序,要从公法和私法的二元规制路径出发,防范和解决数字经济发展中的风险。通过正反两个维度的系统构建,实现有效的法律治理,保障数字经济的高质量发展。

数字政府环境下电子档案管理的法律规制与技术标准体系

随着数字政府建设的快速推进,电子档案管理在数字政府运行中的基础性作用日益突显。规范电子档案管理已成为提高数字政府建设质量和推进国家治理体系现代化的关键。在梳理分析数字政府环境下电子档案管理面临的机遇与挑战的基础上,重点从法律规制和技术标准两个维度探讨了加快推进电子档案管理法治化、标准化、规范化、现代化建设的对策措施。构建完善的法律规制与技术标准体系是保障数字政府电子档案高效管理的治本之策。要坚持法治引领、标准先行,协同推进电子档案管理法治化与标准化建设,为数字政府高质量发展夯实电子档案治理基础,更好地发挥电子档案在服务国家治理体系和治理能力现代化中的基础性作用。

商业数据不正当竞争法律规制研究

商业数据作为新型生产要素,在商业竞争中发挥着举足轻重的作用。商业数据利用中的不正当竞争会损害消费者和经营者的利益,破坏市场竞争秩序。目前商业数据不正当竞争高发,其行为方式多样,且性质独特,难以用物权、知识产权等法律规则予以合理规制。因此,需要合理设计法律规则对之加以调整,促进市场良性竞争。文章首先从阐述商业数据不正当竞争行为的表现形式及判断标准和规制商业数据不正当竞争行为的意义着手,分析商业数据不正当竞争行为既有法律规制方案的现存问题,如《反不正当竞争法(修订草案征求意见稿)》“商业数据专条”设计的构成要件不清晰、损害后果僵化、兜底条款容易导致向一般条款逃避、商业数据不正当竞争行为认定困难、行政监管乏力等。其次针对这些问题尝试提出规制商业数据不正当竞争行为的建议,如保持立法的“谦抑性”、明晰商业数据不正当竞争行为认定的相关制度、完善商业数据专条、明晰行政监管权限及建立诉前止损机制。以期通过以上几个具体的规制建议,规范企业经营人员的公平竞争活动,为我国快速发展的数字经济运用科学的法律规制模式提供理论支撑。