Pub Date : 2021-05-26DOI: 10.11648/j.ijls.20210402.18
Yizhen Zhang, Zhengxiong Jiang, Deling Wang
On March 24, 2021, M/V EVER GIVEN from Evergreen Marine Corp stranded in the southern part of the Suez Canal shortly after it entered the canal, resulting in the closure of the two-way channel of the Suez Canal and the blockage of hundreds of ships on the route between Asia and Europe. There exist quite tedious and complicated legal issues behind the stranding of M/V EVER GIVEN, including the contractual liability of M/V EVER GIVEN to the owners of cargo, the legal liability of M/V EVER GIVEN to the Suez Canal Authority and to the rescue force, and the establishment and contribution of general average. As to the specific claims for compensation, the legal relationship between the parties should be made clear firstly, and the establishment of the right to claim should then be confirmed. We should also distinguish claims which have been covered by the insurer or the P&I club from those which should be the responsibility of the ship owner. Combined with the gross tonnage data of M/V EVER GIVEN, the limitation of liability for maritime claims can be calculated according to the 2012 Amendment of CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS 1976. To have a conclusion that the paper will predict whether the owner of M/V EVER GIVEN will be bankrupt, the value of the vessel should be compared with the amount of limitation of liability for maritime claims.
{"title":"Legal Analysis in Maritime Laws Based on Grounding Case of M/V “EVER GIVEN” in Suez Canal","authors":"Yizhen Zhang, Zhengxiong Jiang, Deling Wang","doi":"10.11648/j.ijls.20210402.18","DOIUrl":"https://doi.org/10.11648/j.ijls.20210402.18","url":null,"abstract":"On March 24, 2021, M/V EVER GIVEN from Evergreen Marine Corp stranded in the southern part of the Suez Canal shortly after it entered the canal, resulting in the closure of the two-way channel of the Suez Canal and the blockage of hundreds of ships on the route between Asia and Europe. There exist quite tedious and complicated legal issues behind the stranding of M/V EVER GIVEN, including the contractual liability of M/V EVER GIVEN to the owners of cargo, the legal liability of M/V EVER GIVEN to the Suez Canal Authority and to the rescue force, and the establishment and contribution of general average. As to the specific claims for compensation, the legal relationship between the parties should be made clear firstly, and the establishment of the right to claim should then be confirmed. We should also distinguish claims which have been covered by the insurer or the P&I club from those which should be the responsibility of the ship owner. Combined with the gross tonnage data of M/V EVER GIVEN, the limitation of liability for maritime claims can be calculated according to the 2012 Amendment of CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS 1976. To have a conclusion that the paper will predict whether the owner of M/V EVER GIVEN will be bankrupt, the value of the vessel should be compared with the amount of limitation of liability for maritime claims.","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129937347","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-14DOI: 10.11648/J.IJLS.20210402.17
S. Whitehead
This article centers on the sense of vulnerability and victimization felt by police officers in the United States. Of particular interest is how officers feel victimized by individuals and groups who offer critiques of police organizations. An analysis of the affective expressions of this sense of victimization through conversations with officers and trainers from a state in the Midwest, United States, illustrates a lingering antagonism between police and those deemed outsiders. This article specifically examines the interpretive strategies and cultural logic officers use to make meaning of themselves as victims of what they deem as unjustifiable criticism and critique by those outside the police institution. This work illustrates that the use of such rhetorical tropes as 'cop bashing' can be understood as a form of culture work used to silence alternative interpretations of policing in general and police work in particular. The culture work of ‘bashing’ is thus part of the cultural milieu of policing and feeds distrust in police organizations making it hard to offer meaningful critiques and recommendations for improving police work and policing organizations. Findings are discussed in relation to the implications for critical policing studies and the politics of knowledge at play in interpretations of policing actions.
{"title":"Bashed and Wounded: The Performance of Vulnerability in Policing","authors":"S. Whitehead","doi":"10.11648/J.IJLS.20210402.17","DOIUrl":"https://doi.org/10.11648/J.IJLS.20210402.17","url":null,"abstract":"This article centers on the sense of vulnerability and victimization felt by police officers in the United States. Of particular interest is how officers feel victimized by individuals and groups who offer critiques of police organizations. An analysis of the affective expressions of this sense of victimization through conversations with officers and trainers from a state in the Midwest, United States, illustrates a lingering antagonism between police and those deemed outsiders. This article specifically examines the interpretive strategies and cultural logic officers use to make meaning of themselves as victims of what they deem as unjustifiable criticism and critique by those outside the police institution. This work illustrates that the use of such rhetorical tropes as 'cop bashing' can be understood as a form of culture work used to silence alternative interpretations of policing in general and police work in particular. The culture work of ‘bashing’ is thus part of the cultural milieu of policing and feeds distrust in police organizations making it hard to offer meaningful critiques and recommendations for improving police work and policing organizations. Findings are discussed in relation to the implications for critical policing studies and the politics of knowledge at play in interpretations of policing actions.","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131731655","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-08DOI: 10.11648/J.IJLS.20210402.16
Rukeya Abudureyimu
For quite a long period of time, the research on criminal trial procedures has mainly focused on the theory and practical issues of remand for retrial in the second-instance procedure, and the retrial procedure as a criminal special relief procedure is not paid enough attention. The special relief nature of the retrial procedure determines that the remand for retrial in the retrial procedure should have its own independent characteristics. However, in judicial practice, the remand for retrial in the second-instance procedure and remand for retrial in the retrial procedure are often mixed in application, which has led to an expansion of the application of remand for retrial. This will not only produce circulating trials, cause the decline of litigation efficiency, but also make it difficult to achieve the purpose of criminal retrial procedures. To solve the problems of the remand for retrial system in the criminal retrial procedure, the focus is to regulate and restrict the application of remand for retrial. Therefore, on the basis of analyzing and summarizing the case data of the remand for retrial in the retrial procedure in recent years, this article systematically reflects and discusses the remand for retrial system, and proposes a limited application model, in order to the remand for retrial system play its function without dissimilation.
{"title":"The Reflection and Reconstruction of the Remand for Retrial in the Criminal Retrial Procedure","authors":"Rukeya Abudureyimu","doi":"10.11648/J.IJLS.20210402.16","DOIUrl":"https://doi.org/10.11648/J.IJLS.20210402.16","url":null,"abstract":"For quite a long period of time, the research on criminal trial procedures has mainly focused on the theory and practical issues of remand for retrial in the second-instance procedure, and the retrial procedure as a criminal special relief procedure is not paid enough attention. The special relief nature of the retrial procedure determines that the remand for retrial in the retrial procedure should have its own independent characteristics. However, in judicial practice, the remand for retrial in the second-instance procedure and remand for retrial in the retrial procedure are often mixed in application, which has led to an expansion of the application of remand for retrial. This will not only produce circulating trials, cause the decline of litigation efficiency, but also make it difficult to achieve the purpose of criminal retrial procedures. To solve the problems of the remand for retrial system in the criminal retrial procedure, the focus is to regulate and restrict the application of remand for retrial. Therefore, on the basis of analyzing and summarizing the case data of the remand for retrial in the retrial procedure in recent years, this article systematically reflects and discusses the remand for retrial system, and proposes a limited application model, in order to the remand for retrial system play its function without dissimilation.","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123513892","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-05-08DOI: 10.11648/J.IJLS.20210402.15
Omidoyin Taiye Joshua, Awosusi Bolade Damilola
The rate of insecurity in Nigeria does not only call for concern but raises a loud alarm that no one is safe. The unending occurrence of killing, banditry and kidnapping affect all regions of the country and fear grips the mind of citizens, both the rich and the poor. The government at various levels have tried making security policies, giving security a primary attention in the national budget, purchasing sophisticated ammunitions, reshuffling the rank and file in the army, creating regional security outfits and other proactive steps, yet insecurity in the country prevails by the day and government appears to be handicapped in taking charge of internal sovereignty of the country. The government has however, often times, being excused of liability, especially when the cause of death is not directly connected with any of the government’s agencies despite the primary purpose of government is the security and welfare of the citizens. It is in the light of this that the research aims at examining the sole responsibility of government in protecting citizens in the country, and the government’s corresponding liability in this regard. Relying on both primary and secondary of information, the article revealed the failure of the government to protect lives and properties within her territory makes the country drift into a state of nature. It is therefore concluded that citizens have entered a social contract for the sake of their safety and security, the government should henceforth be held responsible for further acts of killings and insecurity in the country.
{"title":"Incessant Insecurity in Nigeria: Has the Country Returned to the State of Nature","authors":"Omidoyin Taiye Joshua, Awosusi Bolade Damilola","doi":"10.11648/J.IJLS.20210402.15","DOIUrl":"https://doi.org/10.11648/J.IJLS.20210402.15","url":null,"abstract":"The rate of insecurity in Nigeria does not only call for concern but raises a loud alarm that no one is safe. The unending occurrence of killing, banditry and kidnapping affect all regions of the country and fear grips the mind of citizens, both the rich and the poor. The government at various levels have tried making security policies, giving security a primary attention in the national budget, purchasing sophisticated ammunitions, reshuffling the rank and file in the army, creating regional security outfits and other proactive steps, yet insecurity in the country prevails by the day and government appears to be handicapped in taking charge of internal sovereignty of the country. The government has however, often times, being excused of liability, especially when the cause of death is not directly connected with any of the government’s agencies despite the primary purpose of government is the security and welfare of the citizens. It is in the light of this that the research aims at examining the sole responsibility of government in protecting citizens in the country, and the government’s corresponding liability in this regard. Relying on both primary and secondary of information, the article revealed the failure of the government to protect lives and properties within her territory makes the country drift into a state of nature. It is therefore concluded that citizens have entered a social contract for the sake of their safety and security, the government should henceforth be held responsible for further acts of killings and insecurity in the country.","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"109 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122228131","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-26DOI: 10.11648/J.IJLS.20210402.14
S. Zuev, Dmitry V. Bakhteev
Investigations of complex crimes with digital evidence increasingly require the use of modern digital devices and computer programs. Working with big data involves the accumulation, processing, and analysis of forensic information for further algorithmization and modeling of investigative actions, as well as the automation of the organizational activities of investigators. The article substantiates the need for the use of digital forensic logistics to optimize information flows and build the most effective analytical human and computer processing, not excluding the use of artificial intelligence systems. Digital forensic logistics is a sub-branch of digital forensics in the collection, identification, storage, verification, and analysis of data, as well as the generation of electronic evidence for evidence in court. The article provides the main directions of digital forensic logistics, including the logistics of evidence in criminal cases; logistics of the general organization of crime investigation; logistics planning (selection of tools and methods of investigation); logistics of putting forward versions of events; logistics of decisions in criminal matters. It is argued that the efficiency of the entire system will largely depend on the establishment of information flows and the prioritization of tasks. Quality work requires the improvement of applied digital technologies capable of providing the necessary algorithms of the evidentiary process. The use of special software, including the use of artificial intelligence systems, is becoming increasingly relevant. The logistics of making decisions in criminal cases ideally represents an electronic assistant, endowed with artificial intelligence or in the form of a special computer program, capable, based on the determination of the forensic significance of the obtained digital information (electronic evidence), to offer the investigator solutions that can change the course of the investigation and transfer the entire information system in a new state.
{"title":"Digital Forensic Logistics: The Basics of Scientific Theory","authors":"S. Zuev, Dmitry V. Bakhteev","doi":"10.11648/J.IJLS.20210402.14","DOIUrl":"https://doi.org/10.11648/J.IJLS.20210402.14","url":null,"abstract":"Investigations of complex crimes with digital evidence increasingly require the use of modern digital devices and computer programs. Working with big data involves the accumulation, processing, and analysis of forensic information for further algorithmization and modeling of investigative actions, as well as the automation of the organizational activities of investigators. The article substantiates the need for the use of digital forensic logistics to optimize information flows and build the most effective analytical human and computer processing, not excluding the use of artificial intelligence systems. Digital forensic logistics is a sub-branch of digital forensics in the collection, identification, storage, verification, and analysis of data, as well as the generation of electronic evidence for evidence in court. The article provides the main directions of digital forensic logistics, including the logistics of evidence in criminal cases; logistics of the general organization of crime investigation; logistics planning (selection of tools and methods of investigation); logistics of putting forward versions of events; logistics of decisions in criminal matters. It is argued that the efficiency of the entire system will largely depend on the establishment of information flows and the prioritization of tasks. Quality work requires the improvement of applied digital technologies capable of providing the necessary algorithms of the evidentiary process. The use of special software, including the use of artificial intelligence systems, is becoming increasingly relevant. The logistics of making decisions in criminal cases ideally represents an electronic assistant, endowed with artificial intelligence or in the form of a special computer program, capable, based on the determination of the forensic significance of the obtained digital information (electronic evidence), to offer the investigator solutions that can change the course of the investigation and transfer the entire information system in a new state.","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125364121","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-20DOI: 10.11648/J.IJLS.20210402.12
A. Ekori
Just like the churning of milk brings forth butter, the same could be said that the African Union (AU) debacle with the International Criminal Court (ICC) led to the creation of the African Criminal Court (ACC). Despite the initial support of the ICC by the AU and it state members during the creation process, the indictment of mostly senior serving African state officials by ICC when it came into force resulted in a devastating and tense relationship between the AU and the ICC. The creation of the ACC therefore was fast tacked by this unfriendly relationship between the AU and the ICC. This article argued that despite the tense relationship, harmonization of certain organs of the ACC and the ICC is necessary in the fight against impunity for the most serious crimes of international concern. In this regard, I examined the legality and legitimacy of the ACC and maintained that despite the immunity provision, it legality is consistent with international law, and accordingly, that the ACC is not the African panacea with respect to the fight against impunity for serious international crimes. Consequently, since the ACC and the ICC shared jurisdictions for the most serious crimes of international concern, harmonization of the ACC and the ICC through complementarity and cooperation will result in the formation of an undefeated tag team to fight against impunity for the most serious crimes affecting the international community.
{"title":"The AU Debacle with the ICC: The Creation of the African Criminal Court","authors":"A. Ekori","doi":"10.11648/J.IJLS.20210402.12","DOIUrl":"https://doi.org/10.11648/J.IJLS.20210402.12","url":null,"abstract":"Just like the churning of milk brings forth butter, the same could be said that the African Union (AU) debacle with the International Criminal Court (ICC) led to the creation of the African Criminal Court (ACC). Despite the initial support of the ICC by the AU and it state members during the creation process, the indictment of mostly senior serving African state officials by ICC when it came into force resulted in a devastating and tense relationship between the AU and the ICC. The creation of the ACC therefore was fast tacked by this unfriendly relationship between the AU and the ICC. This article argued that despite the tense relationship, harmonization of certain organs of the ACC and the ICC is necessary in the fight against impunity for the most serious crimes of international concern. In this regard, I examined the legality and legitimacy of the ACC and maintained that despite the immunity provision, it legality is consistent with international law, and accordingly, that the ACC is not the African panacea with respect to the fight against impunity for serious international crimes. Consequently, since the ACC and the ICC shared jurisdictions for the most serious crimes of international concern, harmonization of the ACC and the ICC through complementarity and cooperation will result in the formation of an undefeated tag team to fight against impunity for the most serious crimes affecting the international community.","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125654561","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-13DOI: 10.11648/J.IJLS.20210402.11
Zhou Hua
The in-depth improvement of the quick protection of intellectual property rights in the pilot free trade zone is an inherent requirement for the further improvement of the intellectual property protection system in the pilot free trade zone in my country. At present, my country’s pilot free trade zone has made some preliminary explorations in terms of rapid dispute resolution, efficient law enforcement, and rapid authorization. However, there are still some bottlenecks in the rapid protection of intellectual property rights in my country’s pilot free trade zone, which are mainly reflected in the lack of professionalism in the intellectual property trial mechanism; the subject of multiple dispute resolution is not sound and lacks internal cohesive mechanisms; administrative law enforcement is not capable of resolving incidental civil disputes. In order to solve the above problems, It is necessary to categorize and set up secondary departments of my country’s IP Tribunal to improve the trial mechanism according to the characteristics of intellectual property rights; improve the civil and social entities involved in the resolution of intellectual property disputes, and establish a linking mechanism for trial and other dispute resolution methods; strengthen the ability of administrative enforcement of intellectual property rights to resolve civil disputes.
{"title":"Exploration of the Countermeasures for the \"Quick Protection\" of Intellectual Property in the Pilot Free Trade Zone--Take Nanjing Area as a Case","authors":"Zhou Hua","doi":"10.11648/J.IJLS.20210402.11","DOIUrl":"https://doi.org/10.11648/J.IJLS.20210402.11","url":null,"abstract":"The in-depth improvement of the quick protection of intellectual property rights in the pilot free trade zone is an inherent requirement for the further improvement of the intellectual property protection system in the pilot free trade zone in my country. At present, my country’s pilot free trade zone has made some preliminary explorations in terms of rapid dispute resolution, efficient law enforcement, and rapid authorization. However, there are still some bottlenecks in the rapid protection of intellectual property rights in my country’s pilot free trade zone, which are mainly reflected in the lack of professionalism in the intellectual property trial mechanism; the subject of multiple dispute resolution is not sound and lacks internal cohesive mechanisms; administrative law enforcement is not capable of resolving incidental civil disputes. In order to solve the above problems, It is necessary to categorize and set up secondary departments of my country’s IP Tribunal to improve the trial mechanism according to the characteristics of intellectual property rights; improve the civil and social entities involved in the resolution of intellectual property disputes, and establish a linking mechanism for trial and other dispute resolution methods; strengthen the ability of administrative enforcement of intellectual property rights to resolve civil disputes.","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"398 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133467464","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-05-29DOI: 10.11648/J.IJLS.20200302.13
Luciano Picoli Gagno, Thiago Felipe Vargas Simões, João Bruno Costa Rodil
In the present article, was investigated the contribution that the american experience with the class actions could offer to the Brazilian Collective Procedure and the idea of collectivization of individual lawsuits. Based on this proposal, were analyzed institutes of the Rule 23 related to the class action prerequisites, the types of class actions and the certification order, which is the judicial decision by which a claim is received as a collective in the US system. All these institutes were analyzed in a comparative and interactive way in relation to the institutes of the Brazilian system, in order to seek an improvement of the model of collective conflicts resolution existing in Brazil. It was used the deductive method, starting from general norms applicable on cases involving collective rigths, seeking the conclusion more compatible with our constitutional system, and the research was based in a bibliographical and jurisprudential exploratory technic, that allowed to know the different positions about the theme. At the end, we concluded that the American experience with class actions can contribute to the Brazilian practice linked to collective procedure and collectivization of individual demands, both when disciplining the prerequisites for the admission of a collective claim, and when define the hypotheses that could be subject to collective demands (types of class action) or the points that could be faced by the decision certifying a collective claim (Certification order).
{"title":"The Importance of Class Actions for the Evolution of the Brazilian Collective Procedure","authors":"Luciano Picoli Gagno, Thiago Felipe Vargas Simões, João Bruno Costa Rodil","doi":"10.11648/J.IJLS.20200302.13","DOIUrl":"https://doi.org/10.11648/J.IJLS.20200302.13","url":null,"abstract":"In the present article, was investigated the contribution that the american experience with the class actions could offer to the Brazilian Collective Procedure and the idea of collectivization of individual lawsuits. Based on this proposal, were analyzed institutes of the Rule 23 related to the class action prerequisites, the types of class actions and the certification order, which is the judicial decision by which a claim is received as a collective in the US system. All these institutes were analyzed in a comparative and interactive way in relation to the institutes of the Brazilian system, in order to seek an improvement of the model of collective conflicts resolution existing in Brazil. It was used the deductive method, starting from general norms applicable on cases involving collective rigths, seeking the conclusion more compatible with our constitutional system, and the research was based in a bibliographical and jurisprudential exploratory technic, that allowed to know the different positions about the theme. At the end, we concluded that the American experience with class actions can contribute to the Brazilian practice linked to collective procedure and collectivization of individual demands, both when disciplining the prerequisites for the admission of a collective claim, and when define the hypotheses that could be subject to collective demands (types of class action) or the points that could be faced by the decision certifying a collective claim (Certification order).","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122181082","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-11DOI: 10.11648/J.IJLS.20190204.13
Huawei Wang
At present, China has entered a new era of development, which is reported by the 19th National Congress of the Communist Party of China based on the overall judgment of the development stage of socialism with Chinese characteristics. In the new era, China's legal education should not only follow traditional good practices and learn from experiences, but also be prepared to welcome new challenges, thus seeking a new development in line with China's national conditions and reflecting the characteristics of the new era. In the new era, law undergraduate education in China should adopt a problem-oriented, major contradictions-focused and comprehensive and all-round development-targeted sustainable development mode. Sustainable development direction of law education has been prescribed by China's relevant laws and regulations and documents, but the training objectives of most colleges and universities are mixed and diverse, most of which are not implemented, the relationship between the training objectives and the course of law undergraduate as well as the guidance effect of the objectives on the courses is not clearly defined. Correct educational concept is essential to the development of law undergraduate education. As the concept of sustainable development has become popular all over the world, which should also be adhered to by China's law undergraduate education because the new era requires the law undergraduate education in China to be forward-looking, sustainable and coordinated. More concretely, the sustainable development should be all-round, systematic and comprehensive, and should be mainly reflected in the multi-level development objectives, diversified development models and innovative courses. Follow this development model, which can really improve the quality and level of China's law undergraduate education in the future.
{"title":"Analysis on the Sustainable Development Mode of Law Undergraduate Education in China in the New Era","authors":"Huawei Wang","doi":"10.11648/J.IJLS.20190204.13","DOIUrl":"https://doi.org/10.11648/J.IJLS.20190204.13","url":null,"abstract":"At present, China has entered a new era of development, which is reported by the 19th National Congress of the Communist Party of China based on the overall judgment of the development stage of socialism with Chinese characteristics. In the new era, China's legal education should not only follow traditional good practices and learn from experiences, but also be prepared to welcome new challenges, thus seeking a new development in line with China's national conditions and reflecting the characteristics of the new era. In the new era, law undergraduate education in China should adopt a problem-oriented, major contradictions-focused and comprehensive and all-round development-targeted sustainable development mode. Sustainable development direction of law education has been prescribed by China's relevant laws and regulations and documents, but the training objectives of most colleges and universities are mixed and diverse, most of which are not implemented, the relationship between the training objectives and the course of law undergraduate as well as the guidance effect of the objectives on the courses is not clearly defined. Correct educational concept is essential to the development of law undergraduate education. As the concept of sustainable development has become popular all over the world, which should also be adhered to by China's law undergraduate education because the new era requires the law undergraduate education in China to be forward-looking, sustainable and coordinated. More concretely, the sustainable development should be all-round, systematic and comprehensive, and should be mainly reflected in the multi-level development objectives, diversified development models and innovative courses. Follow this development model, which can really improve the quality and level of China's law undergraduate education in the future.","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"59 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124622053","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-12-07DOI: 10.11648/J.IJLS.20190204.12
Chao Fan
The legalization of government behavior is the key link of social governance innovation. Social governance innovation is not only the time adaptation and power accumulation at the historical level, but also the value orientation and connotation exploration at the normative level, as well as the horizon expansion and path setting at the methodological level. The systematic innovation of social governance determines that the construction of government ruled by law must focus on regulating the relations between the government and society, and the internal relations within the government by adopting the practical path of “work in concert both inside and outside, work in connection from up to down” guided by the methodological principle of “integration”. The main leader of social governance is the government. The government needs to play a leading role in the realization of social governance innovation, actively introduce social forces, jointly promote the innovation of social governance system, and improve social governance capacity. To give full play to the main role of the government, it is necessary for the government to continuously improve the system construction of social governance and promote the legalization of social governance. The government under the rule of law needs not only the rule of law system, but also the rule of law culture. The government should carry out the construction of the rule of law culture for the government staff, who are the direct subjects participating in social governance, and incorporate the assessment conditions of "rule of law" into their personal career development, so as to promote the government staff to identify with the rule of law culture.
{"title":"Construction of Government Ruled by Law from the Perspective of Social Governance","authors":"Chao Fan","doi":"10.11648/J.IJLS.20190204.12","DOIUrl":"https://doi.org/10.11648/J.IJLS.20190204.12","url":null,"abstract":"The legalization of government behavior is the key link of social governance innovation. Social governance innovation is not only the time adaptation and power accumulation at the historical level, but also the value orientation and connotation exploration at the normative level, as well as the horizon expansion and path setting at the methodological level. The systematic innovation of social governance determines that the construction of government ruled by law must focus on regulating the relations between the government and society, and the internal relations within the government by adopting the practical path of “work in concert both inside and outside, work in connection from up to down” guided by the methodological principle of “integration”. The main leader of social governance is the government. The government needs to play a leading role in the realization of social governance innovation, actively introduce social forces, jointly promote the innovation of social governance system, and improve social governance capacity. To give full play to the main role of the government, it is necessary for the government to continuously improve the system construction of social governance and promote the legalization of social governance. The government under the rule of law needs not only the rule of law system, but also the rule of law culture. The government should carry out the construction of the rule of law culture for the government staff, who are the direct subjects participating in social governance, and incorporate the assessment conditions of \"rule of law\" into their personal career development, so as to promote the government staff to identify with the rule of law culture.","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"173 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127019801","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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