I. INTRODUCTION In recent years, as competition in the Internet field has become increasingly hot, new types of unfair competition have emerged. Based on the internal reffection and in-depth review of the uncertainty of the general clause of the old law in practice, especially in response to the general concern of the phenomenon of ‘escape to the general clause’,
Environmental quality standards have technical and legal attributes. They are not departmental rules or normative instruments. Their normative force is from legal rules citing them. Being a yardstick for measuring environmental quality, they have functions of goal setting, performance appraisals, supervision, and accountability and play such roles in collaboration with legal norms and administrative plans that cite them. They take differentiated management as the guiding principle, take holism as the values and methodology, take a step-by-step approach to set goals, and take the policy choice as the result. They are not applicable to the finding of environmental torts from the normative perspective. From the factual perspective, they have limited use in proving environmental torts as they provide scientific support for proving harm and the causal link between tortious acts and harm.
As a universally adopted legal remedy,the legal aid system requires countries to provide free or reduced-cost legal services to economically disadvantaged or special case parties.1 It is an important component of improving the social security system and maintaining judicial fairness,and has become an important part of the public legal system.
检察一体化是由检察权的特殊性所决定的检察权运行的内在规律,是世界各国普遍遵循的检察权运行原理,在我国也具有充分的法律依据.检察一体化在当前实践中亟待研究解决的主要是上级人民检察院能否按照一体化的原理调用辖区内的检察官异地办理案件、不同地方检察院之间如何协作办理同类型案件、检察院内部不同部门之间的职权划分等问题.对于这些问题,无论是学界还是实务界还存在一些不同认识,在我国现行法律框架下厘清相关认识,有利于推动检察一体化的制度构建和有效运行.
Copyright user rights, which have emerged from copyright academia and foreign judicial practice, seek to elevate the limitations or exceptions of copyright to a subjective right of users. While user rights reflect the desire to protect the interests of users and prevent excessive restrictions on the public domain in the expansion of copyrights, such rights are not reasonable. The reasons are as follows: firstly, limitations or exceptions of copyright, such as the fair use doctrine, cannot be rendered as a right; secondly, in foreign cases, user rights are not a practical theory but a rhetorical tool; thirdly, the legislative theory of user rights failed in the arguments about legislative facts; fourthly, the liability of copyright owners' wrongful notice in the online environment cannot be expanded as a general remedy of user rights; finally, malicious litigation by copyright owners does not need to be regulated by creating user rights. As for protecting users' interests, we should shift to the balance in judicial cases and the support from the law on the protection of consumer rights and interests.
The cohabitation of multiple ethnic minorities in the southwestern borderlands of China results in very complex and diverse social dynamics. During the Ming and Qing dynasties, in order to stabilize the national sovereignty and strengthen borderland security, the rulers learned the experience of ruling the borderland areas from the past dynasties and sought a peaceful and gradual way to achieve good governance of these areas. The rulers must not only consider the complex ethnic and geographical conditions of the borderlands but also uphold the ruling power of local offi cers.
网络平台治理立法是确保平台扩张与治理在法治轨道上进行的前提.我国网络平台治理立法迄今经历萌芽、起步、发展和全面推进四个阶段,分别呈现内嵌模糊化、工具理性定位、责任中心主义、多目标协调的样态特征.考虑到平台的技术性、治理的复杂性以及立法的科学性,网络平台治理立法的完善须透过治理事务之表象,深入探究制度缺陷背后的立法新情景冲击和旧范式束缚之深层原因以及平台本体论的理论.应以法律归化理论为指导,既重视单向的以立法规制平台,又看到平台对立法的反作用,强调技术与法律的双向互动融合,在法治框架内展开模式优化和理念调适.在此基础上,基于法律体系主义,构设"安全有保障、发展能促进、管理更规范"的网络平台治理法律制度体系,以推动平台在法治轨道上既安全稳定又繁荣健康发展,不断提升我国网络平台治理的法治化水平.
现有证券市场先行赔付制度中,投资者保护基金的角色并未得到充分发挥.基于投资者保护基金的公共性及其保护投资者的立场,由投资者保护基金公司作为先行赔付主体出资赔付投资者,有助于激活投资者保护基金的功能和效用,同时实现先行赔付制度的可持续.投资者保护基金先行赔付机制的构建,需要兼顾基金规模维持和投资者公平受偿,在赔付程序、资金来源、赔付标准以及追偿机制上与责任主体先行赔付应有所区别.将投资者保护基金制度与先行赔付制度有效衔接,并通过对投资者保护基金先行赔付的适用条件、赔付资金管理机制、赔付标准和追偿保障机制进行系统性重构,可以实现投资者保护基金先行赔付制度的有机协调和稳健运行.
劳动交换关系法律调整中,劳动法与民法以劳动者保护为主题的分工合作,在我国迄今仍存缺口.劳动法与民法关系依托背景的中西差异表明,我国这种缺口的成因在于公法私法化/社会化过程中生成的劳动法与民法分立格局不足以应对劳动力市场灵活化.尽管背景不同,私法社会化理论对解释和解决我国这种缺口问题仍有参考意义.基于《民法典》的安排,立法上解决劳动者保护盲区不断扩大等问题,应当分类型、分层次地安排劳动法与民法分工合作,并完善与《民法典》相关规定对接的私法社会化立法.为弥补法律规范供给的不足,法律适用上应当对劳动争议案件适度补充适用民法规范,对非典型劳动关系适度从宽认定并有选择地参照适用劳动法规范,对民事雇用或准从属性劳务则作为无名合同参照适用最相类似的劳动法规范.
The difficulty of ascertaining foreign laws has always been the core problem that plagues Chinese courts in foreign-related civil and commercial trials. Ascertainment by professional institutions is characterized by professionalism, independence, and neutrality, and they may assist courts in accurately understanding and applying foreign laws, which is of great significance to improving the quality and effi ciency of foreign-related civil and commercial trials. Based on a case-by-case study of judgments in which professional institutions are involved in ascertaining foreign laws, three major problems are found, which include unclear admissibility standards for the opinions of ascertainment by professional institutions, different standards for the burden of expenses, and the lack of interpretation and reasoning in judgment documents. So the suggestions for improvement are from the following three aspects: determining the admissibility standards of the opinions of foreign law, clarifying the burden of ascertaining foreign law expense, and strengthening the interpretation and reasoning on the foreign law opinions in the judgment documents.
The current Civil Procedure Law of China provides support for the institution of action as a principle. However, there are no specific operational rules on the procuratorate's support for civil private interest litigation. The procuratorate's support for the party,s civil private interest litigation is the protection of the party's litigation rights and the maintenance of the normal litigation structure, which is different in nature from its supervision over the civil private interest litigation and from its support for the civil public interest litigation. The procuratorate should uphold the principles of objectivity and neutrality, take supporting measures upon the party,s application or in line with the procuratorate's functions, achieve all-round support for the party at the stage of institution of action, the pre-trial preparation stage and the trial stage, and finally achieve the legal effect of balancing the litigation capacity of both parties.
The United Nations Convention on International Settlement Agreements Resulting from Mediation of 2018 provides a unifi ed and eff ective legal framework for the enforcement of settlement agreements resulting from mediation and facilitates the use of international commercial mediation. China is in the fi rst group of 46 countries to sign the Convention. The signing of the Convention is conducive to the settlement of international commercial disputes in the context of the Belt and Road Initiative. It also helps to enhance the legal regime of China's commercial mediation, and to construct a diversified dispute settlement mechanism. Nonetheless, China's commercial mediation law is not well established and mediation is confi ned to a limited coverage. Eff orts should be made to accelerate the commercial mediation legislation and build a full-fl edged mediation system.
Ⅰ.INTRODUCTION This study discusses the regulation of the labor process algorithm in food delivery platform companies.The company's original intent in using the algorithm was to increase efficiency and fairness.However,many problems emerged that need to be addressed.
The power to approve arrest is a common power of the criminal justice system for all countries in the world, but which department to exercise it is reasonable? With a comparative study, we may find that due to the influences of the traditional culture and judicial custom in each country, it is exercised by diff erent departments in diff erent countries though it is done by neutral judges in most countries. However, from the purpose and the essential role of setting up the procedure of approving arrest, it is reasonable and legitimate for the procuratorial organ to exercise such power in China. But such allocation of power has been questioned by some scholars. In the author's opinion, the fundamental way to solve these problems is to establish separate procedures for approving arrest and detention with several supporting measures, such as carrying out the criminal policy of 'less arrest, cautious prosecution and cautious detention', maintaining the balance between combating crime and protecting human rights in idea and paying attention to the role of lawyers in practice.
Wang Chen,vice chairman of the Standing Committee of the National People's Congress and president of the China Law Society,delivered a speech at the annual expanded meeting of standing directors of the China Law Society on February 20.
党的十八大以来部署推进的司法体制改革,是立足中国实际,按照司法规律,对我国司法体制机制进行的一次全面革新.其逻辑在于,通过改革司法管理体制,破解司法的"地方化",确保依法独立公正行使审判权检察权;通过健全司法权力运行机制,祛除司法的"行政化",确保司法权力行使回归其本质与规律.深化综合配套改革,主要围绕司法体制改革的主体框架,从维护司法权威、促进司法公正、提高司法效能等方面,对司法管理体制、司法责任制和纠纷解决机制作进一步完善和补充.总结这一轮司法改革的路径与经验,需要把握好于法有据与先破后立、制度安排与理论逻辑、顶层设计与地方实践、改革意志与革新思维之间的关系.
On November 14, 2022, China Law Society held a special counseling report meeting on the spirit of the 20th CPC National Congress, and invited Shen Chunyao, Director of the Legislative Affairs Commission of the Standing Committee of the National People's Congress, to give a special counseling report. Chen Xunqiu, Party Secretary and Executive Vice President of China Law Society, presided over the report meeting.
Since ancient times, the development and evolution of currency have evolved from the two-dimensional promotion of credit and technology, from commodity currency to metal currency, and further developed to legal currency and digital currency. To effectively solve the governance failure of traditional currency, blockchain technology drives the rise of digital currency. According to legal confirmation and national credit endorsement, digital currency can be divided into legal and non-legal digital currency. Among them, the non-legal digital currency often adopts encryption technology and does not have national credit, also known as encrypted digital currency, which can be further divided into private digital currency and stable digital currency. However, the encrypted digital currency driven by blockchain technology has derived the 'ternary paradox' of encrypted digital currency, that is, encrypted digital currency cannot achieve currency stability, credit carrier, and decentralized supply at the same time, which may cause legal risk, financial risk, and technological risk. Based on the requirements of perfecting legal norms, financial risk prevention and consumer rights protection, it is necessary to carry out risk governance on encrypted digital currency. Therefore, by adopting the comparative research method, this paper makes a comparative study on the risk governance of extraterritorial encrypted digital currency to explore the risk governance path of encrypted digital currency in China.
At present, digital goods trading is developing rapidly in the digital era. Among them, the legitimacy of digital goods retransfer and the application of the exhaustion principle of copyright distribution right in the digital network environment have attracted much attention in the discussion of legal practice and academia all over the world. Meanwhile, the application of the exhaustion principle in the online field is also controversial in China. While an analysis of selected pieces of case law in Chinese legal practice gives reason for the application, relevant discussions in the Chinese literature are found to be not consistent. A closer examination has revealed that the proponents of the digital exhaustion principle under the guarantee of technical measures belong to the majority. This research may also provide the global academic community with a representative Chinese experience for comparative analysis.
由于地缘政治冲突不断蔓延、渗透到国际经贸领域,全球经贸关系日益呈现出地缘经贸关系特征.地缘政治冲突与地缘经贸关系相互叠加、交织的影响,已不限于对跨国贸易、投资活动产生政治性干扰,更突出体现为对现行国际贸易投资规则体系的冲击,致使作为国际公共产品的国际法治根基不断被侵蚀.应当从国际经贸格局调整的趋势、影响全球经贸关系稳定性和确定性的变量因素、全球经贸关系面临的机遇和挑战三个维度来考察地缘经贸关系及其对国际法治的深刻影响,全面、辩证地认识和把握国际法在地缘经贸关系中的作用.在此基础上,本着构建人类命运共同体的理念,以寻求包括中美在内的各主要经济体在国际经贸规则方面的最大共识为核心目标,提出应对当前全球经济治理中国际法治危机的中国方案.
