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Reasonable Basis for Media Judicial Supervision Under the Scope of Good Governance of Good Law
Sun Manman,
Shi Lei,
Wang Yilin
Issue:
Volume 4, Issue 3, September 2021
Pages:
159-164
Received:
27 May 2021
Accepted:
29 June 2021
Published:
10 July 2021
Abstract: Good governance of good law are the substantive rule of law, not only need the law to be good law, but also need the legal governance effect to be good governance. The key to achieve good governance of good law is the strict adherence to law, also need to assist in fair and democratic governance. The philosophical methods of judicial trial under good governance of good law is "Legalism-led Consequentialism Supplement", When there is a legitimacy crisis arising from the second-order reasons (i.e legal rules), it is necessary to use consequentialism to consider the law and other first-order reasons to make judgment. The application of consequentialism brings the judgment of media supervision and professional justice to a limited extent consistency, and the judicial timely response to the needs of social concerns, to a certain extent, it increases the smoothness of judicial supervision, but the two are naturally in conflict. The reasonable judicial supervision of media should be based on the requirement of tool rationality and value rationality in order to ensure the justice.
Abstract: Good governance of good law are the substantive rule of law, not only need the law to be good law, but also need the legal governance effect to be good governance. The key to achieve good governance of good law is the strict adherence to law, also need to assist in fair and democratic governance. The philosophical methods of judicial trial under go...
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Priorities to Policing a Smart City: A Search for Predilection of the Citizens
Arpita Mitra,
Nirmal Kanti Chakrabarti
Issue:
Volume 4, Issue 3, September 2021
Pages:
165-168
Received:
5 July 2021
Accepted:
16 July 2021
Published:
24 July 2021
Abstract: The movement towards urban transformation has brought to light the need for modernization and technical sophistication of urban areas all across the globe. The smart cities have promised to serve the purpose of providing its residents the best amenities, infrastructure and security. In India too, the hundred smart cities are a part of the mission to transform urban areas through government and private enterprises and various developmental projects. In the process of this transition the law enforcement agencies are also witnessing a march towards technological advancements and better services to the stakeholders. In lieu of this, the present study is an attempt to unravel the opinion of the residents of two smart cities of Kolkata and Bhubaneswar setting priorities to the police commissionerates for initiating smart policing practices. Primary data has been collected through face to face interview of four hundred residents of two smart cities of eastern India namely Kolkata and Bhubaneswar. The residents have expressed their views about the priorities that the police in these cities should keep in mind while initiating best practices in smart policing. Further the findings have set forward a vision and goals that are to be given consideration to make the cities safer and secure for the residents. Technological upgradation to fight crimes, sustainable environments for the future generations and people friendly police can really fulfil the goals set forth.
Abstract: The movement towards urban transformation has brought to light the need for modernization and technical sophistication of urban areas all across the globe. The smart cities have promised to serve the purpose of providing its residents the best amenities, infrastructure and security. In India too, the hundred smart cities are a part of the mission t...
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Migration and Displacement: Legal Constraints of Internally Displaced Persons in Nigeria
Alero Toju Akujobi,
Ufuoma Veronica Awhefeada
Issue:
Volume 4, Issue 3, September 2021
Pages:
169-176
Received:
21 June 2021
Accepted:
12 July 2021
Published:
29 July 2021
Abstract: This paper sets out to evaluate how displacement impacts on migration in Nigeria. Displaced persons ordinarily suffer from severe deprivations and precarious living conditions; the outbreak of the COVID-19 pandemic without doubt, worked even more grave hardships on the community of the displaced. This paper ventures into the effects/challenges brought upon displaced persons with regards to the enjoyment and enforcement of human rights and the ability of such persons to abide by the restrictions and regulations guiding conduct of persons during the pandemic. It considers the factors causing displacement and argues that the living conditions of displaced persons leaves them with no option but to disregard the regulations consequent upon the failure of government to put in place enabling conditions that will engender respect and obedience to the regulations. The paper adopts the doctrinal approach and examines the regulations on internally displaced persons (IDPs) through reliance on relevant laws in Nigeria, data collection and existing literature. The paper concludes among others that there is the need for a national legal framework specifically for internally displaced persons that will cater for prevention and management of internal displacement in Nigeria as against the provision of a national policy.
Abstract: This paper sets out to evaluate how displacement impacts on migration in Nigeria. Displaced persons ordinarily suffer from severe deprivations and precarious living conditions; the outbreak of the COVID-19 pandemic without doubt, worked even more grave hardships on the community of the displaced. This paper ventures into the effects/challenges brou...
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The Animal Issue Revisited: Tertium Genus or Subject
Jose Luis Bonifácio Ramos
Issue:
Volume 4, Issue 3, September 2021
Pages:
177-186
Received:
22 July 2021
Accepted:
5 August 2021
Published:
18 August 2021
Abstract: The article seeks to reflect on the animal theme. Not only a brief perspective of legal historical evolution, but, in particular, about the legal regime emerging from the 2017 reform of the Portuguese Civil Code. In our opinion, the reform was timid, confusing and disappointing. In large part, the applicable regime turns out to be, in large part, the regime of things, applicable on a subsidiary basis. Furthermore, with regard to the right to property, it no longer applies only to things, admitting ownership of animals. However, respect for animal welfare, namely the guarantee of access to water and food, as well as the guarantee of access to medical and veterinary care, including prophylactic, identification and vaccination measures, coexist poorly with the property itself. On the other hand, with regard to the occupation, perplexities remain. Especially with regard to the content of articles 1318 and 1323 CC. And, of course, with regard to the implications arising from the legal nature of the animal. In fact, it matters to know if we are dealing with a thing, an object, a tertium genus or a subject of rights. On the other hand, apart from the options of the Portuguese legislator, we analyze, very briefly, recent theories, whose common denominator is a clear defense and affirmation of animal rights.
Abstract: The article seeks to reflect on the animal theme. Not only a brief perspective of legal historical evolution, but, in particular, about the legal regime emerging from the 2017 reform of the Portuguese Civil Code. In our opinion, the reform was timid, confusing and disappointing. In large part, the applicable regime turns out to be, in large part, t...
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The Unjustified Increase of Wealth, the Tax Evasion and the Taxable Capacity: The Peruvian Case
Gonzalo Alonso Escalante Alpaca
Issue:
Volume 4, Issue 3, September 2021
Pages:
187-192
Received:
3 August 2021
Accepted:
13 August 2021
Published:
23 August 2021
Abstract: The pandemic brought serious consequences on the health of people but also on their economy, which has led to some new business initiatives which not always comply with the tax legislation. The unjustified increase of wealth (UIOW) arises as the legal response to the difference between the wealth that has been considered by a natural person (NP) on the corresponding tax return and the wealth that has been proved to exist by the Tax Administration (TA) but has not been considered on any tax return. In order to apply the UIOW figure it is necessary that such difference lacks of any justification that could prove to the TA that the increase of wealth identified is non-taxable or either that it has already been considered on a previous tax return. As it is evident, the UIOW is a mean provided by the legislation for the TA to fight against tax evasion. Therefore, it is necessary to clearly comprehend which is the fundament for the UIOW to be part of the Peruvian Income Tax Law (PITL). For the current analysis, the legislation, doctrine and jurisprudence have been considered. This has allowed us to conclude that the taxable capacity principle is such fundament since it depends on the factually verified wealth that a certain NP externalizes in order to establish the corresponding taxable consequences, constituted on the present case by the UIOW.
Abstract: The pandemic brought serious consequences on the health of people but also on their economy, which has led to some new business initiatives which not always comply with the tax legislation. The unjustified increase of wealth (UIOW) arises as the legal response to the difference between the wealth that has been considered by a natural person (NP) on...
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Nullification of European Patent: The Case of European Patent on Teff Flour Processing
Fikremariam Ghion,
Biruk Haile
Issue:
Volume 4, Issue 3, September 2021
Pages:
193-202
Received:
17 July 2021
Accepted:
5 August 2021
Published:
31 August 2021
Abstract: Various scientific studies and researches conclude that Ethiopia is a center of origin and diversity of Eragrostis Teff. Teff is a gluten free crop that has been originated and cultivated for centuries in Ethiopia. Due to its gluten free nature, most European and American consumers are fond this crop. This perhaps captures the interest of developed countries market which will contribute to the development and modernization of Ethiopia’s agriculture on which the country’s economy is massively dependent on. Conversely, as a result of the patent protection granted on Teff flour processing and the resultant gluten free Teff flour product made up of Teff and other gluten free and gluten containing crops in Europe, Ethiopia could not access European gluten free market. European patent on Teff flour processing granted by European Patent Organization (EPO) is still active and validated in some member countries to the European Patent Convention (EPC). Therefore, this research article will assess and evaluate the patentability requirements enshrined under EPC with the protection sought for Teff flour processing patent (Teff patent) granted by EPO. Further, domestic court decisions regarding Teff patent (decision of Hague court that hears the litigation between Ancientgrain BV vs. Bakels Senior NV) will also be analyzed to the extent relevant to this research article. At last, this article explores and discusses the domestic jurisdictions and laws that are necessary and instrumental for the invalidation/nullification of Teff patent.
Abstract: Various scientific studies and researches conclude that Ethiopia is a center of origin and diversity of Eragrostis Teff. Teff is a gluten free crop that has been originated and cultivated for centuries in Ethiopia. Due to its gluten free nature, most European and American consumers are fond this crop. This perhaps captures the interest of developed...
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Research on Divided Infringement Judgment of Patented Process in China
Zhang Xiaodong,
Zhang Bingjian
Issue:
Volume 4, Issue 3, September 2021
Pages:
203-208
Received:
10 August 2021
Accepted:
20 August 2021
Published:
31 August 2021
Abstract: For patented process, there may be a problem of divided infringement caused by multiple parties performing part of the method steps separately, especially in the field of electronic communication. Because there are some obstacles in the law and the traditional patent infringement theories, it is quite difficult to deal with the issues of divided infringement in China, whether direct infringement theory or indirect infringement theory is adopted. Some relative China judicial cases had attempted to breakthrough these obstacles, however, the authority rule is still not established. This paper firstly introduced three China cases -Watchdata v. Hengbao, Xidian Jietong v. Sony, and Dunjun v. Jixiang Tenda, then tried to learn from U.S. cases. After years of judicial experience, the U.S. courts paid more attention to the actual behavior of dominant party and have gradually established “control or direction” rule under the direct infringement theory when meeting divided infringement. Based on the analysis of relevant theories and cases, this paper suggests to make an judicial interpretation for “use the patented process” in rule 11 of patent law of China, and construct “control or direction” rule in China by diluting the subjective requirement of conscious connection by parties, investigating the major party of the key steps in executing the patented process to solve the problem of divided infringement.
Abstract: For patented process, there may be a problem of divided infringement caused by multiple parties performing part of the method steps separately, especially in the field of electronic communication. Because there are some obstacles in the law and the traditional patent infringement theories, it is quite difficult to deal with the issues of divided in...
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Research on Disciplinary Measures of Dishonesty Against the Person Subject to Enforcement Under Chinese Civil Law
Chen Jiandong,
Jiang Zhengxiong,
Wang Deling,
Ni Zhangfeng
Issue:
Volume 4, Issue 3, September 2021
Pages:
209-218
Received:
2 August 2021
Accepted:
23 August 2021
Published:
10 September 2021
Abstract: Since 2013, through including the people subject to enforcement in the list of dishonest persons and restricting their high consumption, the Supreme People's Court has played a positive role in urging those dishonest people to actively fulfill their civil legal obligations. The disciplinary measures against dishonesty affect every aspect in the daily activities of civil subjects. In this paper, the author adopt literature research on the provisions of disciplinary measures for dishonesty. Through literature research, this paper clarified the scope of the object for dishonest punishment, the specific measures of the dishonest punishment, and the current relief methods. At the same time, we also found the circumstances such as the legal system of disciplinary measures for dishonest is not complete, the provisions of relief channels need to be improved, lack of restrictions on civil rights of dishonest persons subject to enforcement among the punishment measures and lack the restrictions on foreigners among those dishonest person subject to enforcement. In this paper, by concluded in combination with other discussions, it is suggested to formulate a special "Social Dishonest Punishment Law", and the enforcement court of the people's court should be responsible for reviewing of the correction application of the dishonest persons. In addition, restrictions on certain rights of the dishonest persons subject to enforcement in the civil litigation and foreign people subject to enforcement against dishonest should be restricted from entering China or applying for permanent residence in China should also be included in the dishonest measures.
Abstract: Since 2013, through including the people subject to enforcement in the list of dishonest persons and restricting their high consumption, the Supreme People's Court has played a positive role in urging those dishonest people to actively fulfill their civil legal obligations. The disciplinary measures against dishonesty affect every aspect in the dai...
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Human Rights and Workers: Limits to the International Labor Law
Issue:
Volume 4, Issue 3, September 2021
Pages:
219-228
Received:
3 June 2021
Accepted:
9 September 2021
Published:
14 September 2021
Abstract: This article intends to provide an overview of the role of International Labor Law in the defense of Labor rights. In short, the present paper aims to analyze the meaning of the International Labor Law and the social rights stated as fundamental rights by International Labor Organization - ILO within the human rights and globalization context. The constitutionalization of social rights represented a normative advance in the social rights. Adopting the historical perspective of evaluation, one defends the relevancy of the human rights notion to the social rights notion. From a globalization perspective, in which the national states lose power, a worldwide social declaration rekindles debates over the value of labor in the society, the theories of justice that justify it, and over the effectiveness and financing of these social rights. This study is divided into two chapters. The first one views an overall notion of human and social rights, the evolution of the international labor law and its linkage to the human rights. From the premises it is important to define which fundamental human rights model is implied in the ILO declaration of 1998. The second chapter points out the political, economical, juridical e cultural limits to the connection between the International Labor Law and the human rights over a critical view.
Abstract: This article intends to provide an overview of the role of International Labor Law in the defense of Labor rights. In short, the present paper aims to analyze the meaning of the International Labor Law and the social rights stated as fundamental rights by International Labor Organization - ILO within the human rights and globalization context. The ...
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