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On Security Mechanism in China and US: Comparison and Practices
Issue:
Volume 3, Issue 4, December 2020
Pages:
154-160
Received:
8 July 2019
Accepted:
12 August 2019
Published:
17 October 2020
Abstract: It is understood to all national states that national security system serves as an essential role in security mechanism. Both United State and China have confronted security challenges from home and abroad. As for the US, since the founding of the country and especially after US has engaged in global affairs, with the shift of national security concept and security realities, the security constitutional system has undergone several major adjustments. The National Security Act, which was passed by congress in 1947, has created a new organ named National Security Council to integrate the Defense and Intelligence Agencies and build a new security constitution system. After the 9/11 incident, the US congress passed the PATRIOT Act, which has greatly expanded the security powers of the President. With regards to China, China has a long history of safeguarding its territorial integrity, so it is obvious that China focuses more on traditional threats since 1949. After its reform and opening-up policy, the international environment has become more complex and the protection of non-traditional security has become more prominent. Since China has entered a new era in 21st century, various laws and regulations targeting the traditional and non-traditional threat has been enacted. From a historic perspective and comparative approach, this paper finds that China is learning the practices and legislation experiences from countries like United states to actively build a legal system for national security and form a more efficient and integrated security mechanism. in addition, a security constitutional system with the core concept of "overall national security concept" is beginning to take shape. China is building a comprehensive security system to address both traditional and non-traditional national threats.
Abstract: It is understood to all national states that national security system serves as an essential role in security mechanism. Both United State and China have confronted security challenges from home and abroad. As for the US, since the founding of the country and especially after US has engaged in global affairs, with the shift of national security con...
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Research on the Optimization Measures of China's Civil Disputes Online Resolution Mechanism (ODR) Under the Internet Plus Era Background
Issue:
Volume 3, Issue 4, December 2020
Pages:
161-167
Received:
12 September 2020
Accepted:
22 October 2020
Published:
30 October 2020
Abstract: Under the background of the rapid development of Internet information technology, the life style of the people in our country has changed significantly. Most of the information technology has brought good convenience to people's life and work. However, it is important to note that the number of civil disputes is increasing under the background of the "Internet plus" era. This situation also makes the traditional civil dispute resolution mechanism has been in a very significant state of high load, we must carry out the corresponding optimization in the follow-up time. This article combines the current background, puts forward the online dispute resolution mechanism, expounds the establishment and specific application of Online Dispute Resolution mechanism, and analyzes the problems existing in the Online Dispute Settlement Mechanism of China's civil disputes under the background of "Internet plus" era. On the basis of relevant experience in Anglo American law system and continental law system, the paper also proposes three countermeasures to improve the online resolution mechanism of civil disputes in the Internet plus era from the following aspects: continuously improving relevant laws and regulations, improving the level of public cognition, and innovating technology and platform.
Abstract: Under the background of the rapid development of Internet information technology, the life style of the people in our country has changed significantly. Most of the information technology has brought good convenience to people's life and work. However, it is important to note that the number of civil disputes is increasing under the background of t...
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Jurisprudence Analysis on the Investigative Power of Supervisory Committee
Issue:
Volume 3, Issue 4, December 2020
Pages:
168-171
Received:
14 October 2020
Accepted:
29 October 2020
Published:
9 November 2020
Abstract: The construction of any legal system is based on a certain legal theoretical basis. The supervisory committee system is also established based on specific jurisprudence logic. Examining the jurisprudence logic behind the supervisory committee system can also reveal the nature of the supervisory committee's investigative power from another aspect. The status and functions of the supervisory committee are established in accordance with the constitution, and the investigative power of the supervisory committee is inherently related to the criminal procedure system. The investigative power of the Supervisory Committee is in an advantageous position in the structural system of power restriction. However, in the process of the Supervisory Committee's exercise of its investigative power, there is still room for exploration and improvement of the rights protection mechanism of the investigated objects. When judging the attributes of the supervisory committee's investigative power, on the one hand, we must pay attention to theoretical analysis, and on the other hand, we must pay attention to actual observations at the system level. It is necessary to scientifically learn from the Western rule of law theory and academic logic as analytical tools, but also to base itself on the political and ethical connotation of the innovative design of the supervision system with Chinese characteristics. Whether it is from the perspective of the constitutional system, criminal procedure system, or jurisprudence, although this kind of supervisory power as the fourth state power has rich and complex connotations, it covers the power of administrative power, judicial power, and even political power to a certain extent. It has different characteristics from governance power, but both should regard supervisory power as a fourth type of state power alongside legislative power and administrative power. As one of the basic contents of the supervisory power, the supervisory committee's investigative power, although it crosses the administrative investigation power, judicial investigation power, and disciplinary investigation power, its basic attribute is the supervisory investigation power.
Abstract: The construction of any legal system is based on a certain legal theoretical basis. The supervisory committee system is also established based on specific jurisprudence logic. Examining the jurisprudence logic behind the supervisory committee system can also reveal the nature of the supervisory committee's investigative power from another aspect. T...
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Semantics and Psychanalysis of Criminal Investigation
Neculai Spirea Zamfirescu
Issue:
Volume 3, Issue 4, December 2020
Pages:
172-188
Received:
14 August 2020
Accepted:
18 September 2020
Published:
16 November 2020
Abstract: This article brings before the interested parties several extracts from independent research reports made exclusively by the author of the article. The object of the research was to obtain favorable evidence through open applied research conducted through independent research, for and at the request of lawyers. In essence, research relies on knowing the state of mind from a semantic and psychoanalytic perspective, in order to identify: the false idea or conception, the act of intelligence that considers true what is false and vice versa; the mistake of breaking the rules of a demonstration; the mistake of interpreting or associating a person, a fact, a work, etc.; mistake in judgment or appreciation of things; suggestion; subjective or imperfect representation of reality due to the limits of knowledge; false representation of a situation which may serve as a cause for annulment of a decision or act; wrong establishment of facts that can lead to injustice. Thus: characterizing a recorded dialogue we inferred that it was preconstituted; in order to procure an information element we applied a computer program; by the method of equivalence of the terms we established the fact that the statement represents a report in which the witness reproduces aspects stored in the memory during the criminal investigation, not before; appealing to the theory of empathy, we established that the dialogues carried out are justified from the point of view of interprofessional reasons; based on the determination of the witness's personality, we inferred that he did not send any evidence that could affirm the incrimination; analyzing the testimony, I established that it cannot be stalked by falsity; the exploratory observations on the minutes of the resumption of the conversations established that the judge did not limit himself to the examination of a purely passive manner of the illicit activity, but exerted an influence likely to incite the commission of the crime that would not otherwise have been committed; analyzing a cryptographic text, we established that the synonymy of fears is excluded; Analyzing the text of a forged will, we established that although a will was served in favor of the legatee, it concerned only the fraction of movable property in the dwelling; the testimony of the witness was appreciated as faithfully reproducing the received event, presenting a high degree of certainty; by capitalizing on the free testimonial account, I established the individuality of the mode of operation, the biocriminalistic individuality and I drew up the tracking file of the unknown author; realizing the reconstruction of a crime scene, we established that the person who assumes the criminal action is not the perpetrator of the murder.
Abstract: This article brings before the interested parties several extracts from independent research reports made exclusively by the author of the article. The object of the research was to obtain favorable evidence through open applied research conducted through independent research, for and at the request of lawyers. In essence, research relies on knowin...
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Review the Progress of the Compensation System for Ecological and Environmental Damage in China
Issue:
Volume 3, Issue 4, December 2020
Pages:
189-194
Received:
9 November 2020
Accepted:
23 November 2020
Published:
4 December 2020
Abstract: The establishment of the Compensation System for Ecological and Environmental Damage is the key implementation content of the "Ecological Civilization" strategies in China. The purpose of the Ecological and Environmental Damage Compensation System is to break the dilemma of "environmental priceless, no claim for compensation", "corporate pollution, government paying". It is a feasible method to comprehensively remedy China's damaged environment by imposing negotiation and litigation against liable parties that engaged in environmental pollution and ecological destruction. The reform began in 2015. In recent years, the reform has been trailed in the mainland of China. Some provinces have promulgated their local version of an implementation plan and formed regulations about it. Many cases have been done in practice. This paper purports to introduce the practice of the Ecological and Environmental Damage Compensation System in China, analyze the problems disclosing from the trailed implementation, such as insufficient judicial support for claimants, absence of procedural legislation and unclear relationship with other public interest litigation. Meanwhile, the paper also proposes three suggestions to improve the Ecological and Environmental Damage Compensation System: restoration priority principle in negotiation; limited applicable scope; procuratorates’ performing legal supervision duties.
Abstract: The establishment of the Compensation System for Ecological and Environmental Damage is the key implementation content of the "Ecological Civilization" strategies in China. The purpose of the Ecological and Environmental Damage Compensation System is to break the dilemma of "environmental priceless, no claim for compensation", "corporate pollution,...
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Study on Reduction or Exemption of Individual Income Tax for the Chinese Oceangoing Seafarers
Issue:
Volume 3, Issue 4, December 2020
Pages:
195-203
Received:
12 November 2020
Accepted:
24 November 2020
Published:
4 December 2020
Abstract: The reduction and exemption of the oceangoing seafarers' individual tax can not only improve the seafarers' professional happiness and the attractiveness of being a seafarer, but also effectively increase the labor supply of seafarers and help to promote the implementation of the Maritime Power Strategy. Recently, the State Council announced the individual tax reduction policy for oceangoing seafarers in China. However, there is still a gap between this policy and the prevailing practices of major international shipping nations, which are mainly manifested in three aspects: the temporary nature of the policy, insufficient tax relief, and not adapting to seafarer occupational characteristics. In view of the difficulty and complexity of reducing and exempting seafarers' personal tax directly through domestic legislation, a new and feasible scheme is put forward according to Article 4, Item 9 of the Personal Tax Law: to promote the revision of MLC 2006, so as to definitize that the provisions concerning the individual tax reduction and exemption of seafarers are involved and help our seafarers enjoy the preferential policy of individual tax reduction and exemption in essence. At the same time, concrete procedures and specific contents of the proposal are analyzed in the scheme. Finally, the feasibility of amending MLC 2006, is predicted in the scheme. Since the scheme is in line with the legislative concept of MLC 2006, of "Equal Pay for Equal Work" and to improve seafarers' income with little impact on China's overall tax revenue, the study indicates that the amendment shall be supported by the contracting states, shipowner as well as seafarer groups. To sum up, the tax reduction and exemption scheme is reasonable and feasible.
Abstract: The reduction and exemption of the oceangoing seafarers' individual tax can not only improve the seafarers' professional happiness and the attractiveness of being a seafarer, but also effectively increase the labor supply of seafarers and help to promote the implementation of the Maritime Power Strategy. Recently, the State Council announced the in...
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The Model Penal Code and the Sexual Conduct of Police Officers While on Duty
Issue:
Volume 3, Issue 4, December 2020
Pages:
204-208
Received:
13 August 2020
Accepted:
24 November 2020
Published:
11 December 2020
Abstract: The purpose of this paper is to examine the penalties proposed in the Model Penal Code when a police officer engages in sexual conduct while on duty. At issue is whether the Model Penal Code should explicitly make it an enhanced penalty or offense when a law enforcement officer engages in sexual conduct while on duty with any individual, including a child, or is involved in sexual violence of any kind, whether on or off duty. The paper discusses the procedural due process issue, substantive due process issues, and equal protection issues of including an enhanced penalty when a police officer engages in sexual conduct with an individual involved in sexual violence. The work also considers the moral authority of the Model Penal Code as well as public welfare matters when a police officer participates in such behavior. The article concludes by recommending that the Model Penal Code should specifically make it an enhanced penalty or offense when a law enforcement officer engages in sexual conduct while on duty with any individual, including a child, or is involved in sexual violence of any kind, whether on or off duty. The conclusion seems appropriate given that police officers hold the public trust when performing their duties.
Abstract: The purpose of this paper is to examine the penalties proposed in the Model Penal Code when a police officer engages in sexual conduct while on duty. At issue is whether the Model Penal Code should explicitly make it an enhanced penalty or offense when a law enforcement officer engages in sexual conduct while on duty with any individual, including ...
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Analysis on the Measures of Collision Avoidance and Legal Liability of Vessels at Anchor in Collision Accidents
Wang Xiaohua,
Wang Deling,
Hou Ruiying
Issue:
Volume 3, Issue 4, December 2020
Pages:
209-214
Received:
23 November 2020
Accepted:
4 December 2020
Published:
11 December 2020
Abstract: When the risk of collision exists between a ship underway and an anchored ship, the ship underway should take active measures to avoid the collision as required by the rules, but it doesn’t release the anchored ship’s obligation to take all possible measures to avoid the collision or reduce the consequences of the collision. It is often misunderstood that the anchored ships do not bear the liabilities for collision losses, or only bear a small proportion of the responsibility due to the limitation of their maneuvering ability. However, in practice of maritime trial, lots of anchored ships were decided by the maritime courts to have faults and bear the liabilities for the collision damages because they failed to maintain a proper lookout, detect the presence of the collision risk in time, and issue a warning of the danger to related ships, or failed to notify the master of the own ship to heave up anchor for emergency manoeuvring. This paper, through statistical analysis of a large number of cases related to ship collision cases, analyzes the requirements of laws and regulations on the duty of anchored ships, the common faults and the difficulties and obstacles in taking action by anchored ships to avoid collision, studies a great number of maritime cases, summarizes the lessons learned from those cases, and put forward the reasonable and lawful suggestions and actions by the anchored ships to avoid collision so as to provide advice for shipping companies, ship managers, ship masters and crew members.
Abstract: When the risk of collision exists between a ship underway and an anchored ship, the ship underway should take active measures to avoid the collision as required by the rules, but it doesn’t release the anchored ship’s obligation to take all possible measures to avoid the collision or reduce the consequences of the collision. It is often misundersto...
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On the Types of Risk and Prevention of the Investigation Procedure of Supervisory Commission in China
Issue:
Volume 3, Issue 4, December 2020
Pages:
215-220
Received:
18 November 2020
Accepted:
7 December 2020
Published:
16 December 2020
Abstract: The Supervisory Committee is an important part of China's criminal justice reform. The investigative power of the Supervisory Committee has attracted many people's attention. It established a single-track investigation system that integrates party discipline investigation power, political discipline investigation power and criminal investigation power. This system confuses the boundaries and differences of the three types of investigations, reduces the level of legalization of criminal investigations, and makes criminal investigations with investigative nature not restricted by the Criminal Procedure Law, nor can they provide the person under investigation with a minimum Procedure guarantee. In the present investigation procedure, there are some hidden risks in the right to defense by attorney, coercive measures, supervision by procuratorate and the possible formation of supervisory centralism. The investigation procedure of supervisory committee should be optimized through internal control and external supervision, so as to prevent legal risks in the investigation operation of supervisory committee. From an internal point of view, internal control should be strengthened, especially the supervision of the People’s Congress over the power of investigation procedures. In China, as a legal supervision agency, the procuratorate is also expected to play a greater role in restraining and balancing the supervision committee. From an external point of view, we must focus on the role of lawyers, especially in protecting the lawyer's right to defense.
Abstract: The Supervisory Committee is an important part of China's criminal justice reform. The investigative power of the Supervisory Committee has attracted many people's attention. It established a single-track investigation system that integrates party discipline investigation power, political discipline investigation power and criminal investigation po...
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Examining Knowledge, Attitude and Practice Towards Food Labels Among Consumers in Enugu State, Nigeria – A Baseline Survey
Felicia Nwanne Monye,
Nkoli Nwakego Ezumah,
Jane Ani,
Herbert Umezuruike,
Festus Okechukwu Ukwueze,
Ebelechukwu Lawretta Okiche
Issue:
Volume 3, Issue 4, December 2020
Pages:
221-231
Received:
1 December 2020
Accepted:
9 December 2020
Published:
25 December 2020
Abstract: Food is an essential component of human existence but it must be healthy and nutritionally balanced to perform its functions effectively. Hence emphasis is placed on labelling of pre-packed foods at global and national levels. Nigeria operates a mandatory food labelling system. The sector regulator, the National Agency for Food and Drug Administration and Control (NAFDAC) has, over the years, issued successive regulations on labelling of pre-packaged foods, the latest being the Pre-Packaged Food, Water and Ice (Labelling) Regulations 2019 which repealed and replaced the Pre-Packaged Food (Labelling) Regulations 2005 and Bottled Water Labelling Regulations 1996 (NAFDAC Web, 2019). This study examined the knowledge, attitude and practice towards food labels among consumers in Enugu State, Nigeria. Among the issues covered were the laws regulating food labelling in Nigeria; level and sources of knowledge about food labels; attitude of consumers in Enugu State towards food labels; how uneducated consumers cope with accessing food label information; and willingness of consumers to purchase or consume unlabelled food products. The study was a cross-sectional, descriptive survey involving consumers and sellers of pre-packaged foods in two Local Government Areas in Enugu State, namely Enugu East (urban) and Nkanu (rural) using both qualitative and quantitative methods. Data from the survey showed that 30 consumers, representing 14.9% of the consumers in the study were not aware of the laws that require mandatory food labelling in Nigeria. Similarly, many consumers in both the In-depth Interviews (IDIs) and Focus Group Discussions (FGDs) displayed lack of awareness of such laws. The study further revealed a correlation between the level of knowledge and attitude towards food labels on one hand and the level of education, geographical location and socio-economic standing of consumers on the other. Intensive enlightenment programmes to educate consumers on the need to read and be guided by food labels are recommended.
Abstract: Food is an essential component of human existence but it must be healthy and nutritionally balanced to perform its functions effectively. Hence emphasis is placed on labelling of pre-packed foods at global and national levels. Nigeria operates a mandatory food labelling system. The sector regulator, the National Agency for Food and Drug Administrat...
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