Pub Date : 2023-04-01DOI: 10.6000/2817-2302.2023.02.03
Z. Aditya
Many legal thinkers have tried to interpret what and how the principle of legal certainty enforced. In both civil and common law traditions, legal certainty is considered a value and the basis for the legality of public authorities' legislative and administrative actions. The meaning of these two views, both Civil law and Common law, is that legal certainty is the embodiment of the principle of legal legality or in other words, legal certainty related to law enforcement itself. Interestingly, legal certainty begins with the legal uncertainty created by the institutions that form it. The judge's role in interpreting, translating and finding the law is crucial so that there is no legal vacuum due to the malfunction of the rule of law. This paper will discuss how the Indonesian judiciary supports legal certainty. The research method used is juridical normative with conceptual, and case approaches. The results of this study indicate that the Indonesian judiciary supports legal certainty through legal interpretation and legal findings made by judges. This legal interpretation and legal findings' primary purpose is to fill the legal gap left by laws that are multiple interpretations and ambiguous.
{"title":"Does the Judiciary Support Legal Certainty? An Indonesian Perspective","authors":"Z. Aditya","doi":"10.6000/2817-2302.2023.02.03","DOIUrl":"https://doi.org/10.6000/2817-2302.2023.02.03","url":null,"abstract":"Many legal thinkers have tried to interpret what and how the principle of legal certainty enforced. In both civil and common law traditions, legal certainty is considered a value and the basis for the legality of public authorities' legislative and administrative actions. The meaning of these two views, both Civil law and Common law, is that legal certainty is the embodiment of the principle of legal legality or in other words, legal certainty related to law enforcement itself. Interestingly, legal certainty begins with the legal uncertainty created by the institutions that form it. The judge's role in interpreting, translating and finding the law is crucial so that there is no legal vacuum due to the malfunction of the rule of law. This paper will discuss how the Indonesian judiciary supports legal certainty. The research method used is juridical normative with conceptual, and case approaches. The results of this study indicate that the Indonesian judiciary supports legal certainty through legal interpretation and legal findings made by judges. This legal interpretation and legal findings' primary purpose is to fill the legal gap left by laws that are multiple interpretations and ambiguous.","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"195 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89129897","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-14DOI: 10.6000/2817-2302.2023.02.02
Massimo Mancini
A sinthetic excursus of modern epistemology across some methodological contributes of Aristotle, Descartes, Galilei and Freud, with special regard to alethic and verisimilar knowledge in law sciences and legal reasoning, in order to analyse dialectic opposition of involved parts in legal argumentations and verdict’s rational motivation in trials.
{"title":"Scientific Truth and Judicial Truth: Philosophy and Method","authors":"Massimo Mancini","doi":"10.6000/2817-2302.2023.02.02","DOIUrl":"https://doi.org/10.6000/2817-2302.2023.02.02","url":null,"abstract":"A sinthetic excursus of modern epistemology across some methodological contributes of Aristotle, Descartes, Galilei and Freud, with special regard to alethic and verisimilar knowledge in law sciences and legal reasoning, in order to analyse dialectic opposition of involved parts in legal argumentations and verdict’s rational motivation in trials.","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"83 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77863613","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-15DOI: 10.6000/2817-2302.2023.02.01
H. Najafi
Literary works such as scientific works, after being created, inevitably attract people's attention and somehow, a kind of communication would be stablished between the work and the author. This communication is realized when it is efficient. Communication is effective if the authors of the work are real. Based on all hermeneutic theories, knowing the true authors, has a great impact on the formation of effective communication between the author and his audience through the interpretation and understanding of the text. When an unreal author is included in the work, the understanding of the audience is disturbed and effective communication is not formed. The main issue of this article is what effect does unreal creation have on the understanding of the audience? By using an analytical-descriptive method, we have come to the conclusion that this type of creativity disturbs the audience's understanding and ultimately makes efficient communication difficult.
{"title":"Analysis of Fake Authorship from the Perspective of Communication and Hermeneutics","authors":"H. Najafi","doi":"10.6000/2817-2302.2023.02.01","DOIUrl":"https://doi.org/10.6000/2817-2302.2023.02.01","url":null,"abstract":"Literary works such as scientific works, after being created, inevitably attract people's attention and somehow, a kind of communication would be stablished between the work and the author. This communication is realized when it is efficient. Communication is effective if the authors of the work are real. Based on all hermeneutic theories, knowing the true authors, has a great impact on the formation of effective communication between the author and his audience through the interpretation and understanding of the text. When an unreal author is included in the work, the understanding of the audience is disturbed and effective communication is not formed. The main issue of this article is what effect does unreal creation have on the understanding of the audience? By using an analytical-descriptive method, we have come to the conclusion that this type of creativity disturbs the audience's understanding and ultimately makes efficient communication difficult.","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"17 4 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82936570","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-27DOI: 10.6000/2817-2302.2022.01.01
M. Kuchin, E. Gulyaeva
The article deals with the problem of determining the place and significance of international case law in the legal system of the Russian Federation. On the basis of analysis of international and domestic legal acts and judicial practice existing contradictions are identified and ways to resolve them are offered. Methodology: The research uses general scientific and special cognitive techniques wherein legal analysis and synthesis, systemic, formal-legal, comparative-legal, historical-legal and dialectical methods are applied.
{"title":"Case Law of the ECtHR in the Legal System of the Russian Federation and the Challenges Faced by the Judicial Rulemaking","authors":"M. Kuchin, E. Gulyaeva","doi":"10.6000/2817-2302.2022.01.01","DOIUrl":"https://doi.org/10.6000/2817-2302.2022.01.01","url":null,"abstract":"The article deals with the problem of determining the place and significance of international case law in the legal system of the Russian Federation. On the basis of analysis of international and domestic legal acts and judicial practice existing contradictions are identified and ways to resolve them are offered. \u0000Methodology: The research uses general scientific and special cognitive techniques wherein legal analysis and synthesis, systemic, formal-legal, comparative-legal, historical-legal and dialectical methods are applied.","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"128 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87952324","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-27DOI: 10.6000/2817-2302.2022.01.03
Aisegül Akkoyun
This study points out that the rules of positive international law need to be more effectively enforced in practice. It explains the absence of women from peace processes as a result of a lack of effort to include them in official peace processes rather than women’s lack of experience in negotiation or conflict resolution. It emphasizes women as crucial agents in the transition from war to peace in order to promote social cohesion and political legitimacy. An excellent first step would be to use gender-sensitive language in a peace agreement and to create a platform for women to discuss the importance of including women in peace processes.
{"title":"International Norms: The Impact of Women in Peace Building Processes","authors":"Aisegül Akkoyun","doi":"10.6000/2817-2302.2022.01.03","DOIUrl":"https://doi.org/10.6000/2817-2302.2022.01.03","url":null,"abstract":"This study points out that the rules of positive international law need to be more effectively enforced in practice. It explains the absence of women from peace processes as a result of a lack of effort to include them in official peace processes rather than women’s lack of experience in negotiation or conflict resolution. It emphasizes women as crucial agents in the transition from war to peace in order to promote social cohesion and political legitimacy. An excellent first step would be to use gender-sensitive language in a peace agreement and to create a platform for women to discuss the importance of including women in peace processes.","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"26 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76094323","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-27DOI: 10.6000/2817-2302.2022.01.02
Aisegül Akkoyun, Muhammet Emir Çelik
The United Nations Convention against Transnational Organized Crime, as well as regional, national, and international collaboration to prevent and control transnational organized crime, are discussed in this paper. It investigates the transnational organized crime implementation mechanism and jurisdiction in light of international criminal law and the crimes and elements covered by the Convention. The paper recognizes that, as the importance of international criminal law in combating transnational organized crime grows, the ICC's approach to bringing transnational organized crime under its jurisdiction is gained importance. The main conclusion is that implementing the Convention's prevention and protection mechanism for transnational organized crime has been difficult; hence the ICC's jurisdiction would have an impact on the ground.
{"title":"Transnational Organized Crime and the UN Convention","authors":"Aisegül Akkoyun, Muhammet Emir Çelik","doi":"10.6000/2817-2302.2022.01.02","DOIUrl":"https://doi.org/10.6000/2817-2302.2022.01.02","url":null,"abstract":"The United Nations Convention against Transnational Organized Crime, as well as regional, national, and international collaboration to prevent and control transnational organized crime, are discussed in this paper. It investigates the transnational organized crime implementation mechanism and jurisdiction in light of international criminal law and the crimes and elements covered by the Convention. The paper recognizes that, as the importance of international criminal law in combating transnational organized crime grows, the ICC's approach to bringing transnational organized crime under its jurisdiction is gained importance. The main conclusion is that implementing the Convention's prevention and protection mechanism for transnational organized crime has been difficult; hence the ICC's jurisdiction would have an impact on the ground.","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"129 9 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82517812","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-01-27DOI: 10.6000/2817-2302.2022.01.04
Fernando Galindo Ayuda
Laws and regulations are crucial in governing technology, especially in regards to its development and use in society. While it is undeniable that technology, specifically information and communication technologies (ICTs), has a relationship with the law, this relationship should be restricted to the actions of judges and lawyers rather than being exercised directly or indirectly by ICTs themselves. There are various proposals that contradict this idea and pose a threat to the rule of law. This article aims to address this issue and provide concrete examples and references to illustrate the importance of avoiding such attitudes.
{"title":"Information and Communication Technologies and the Law: Some Concrete Boundaries","authors":"Fernando Galindo Ayuda","doi":"10.6000/2817-2302.2022.01.04","DOIUrl":"https://doi.org/10.6000/2817-2302.2022.01.04","url":null,"abstract":"Laws and regulations are crucial in governing technology, especially in regards to its development and use in society. While it is undeniable that technology, specifically information and communication technologies (ICTs), has a relationship with the law, this relationship should be restricted to the actions of judges and lawyers rather than being exercised directly or indirectly by ICTs themselves. There are various proposals that contradict this idea and pose a threat to the rule of law. This article aims to address this issue and provide concrete examples and references to illustrate the importance of avoiding such attitudes.","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"10 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2023-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90879326","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-27DOI: 10.6000/2817-2302.2022.01.05
Romina Fucà, Serena Cubico, J. Leitão
Our article is part of a micro-inquiry into the small reality of co-ownership to formulate hypotheses on the evaluation of behaviors (non-pharmaceutical precautionary measures) in addition to pharmaceutical actions put in place by the authorities against future pandemics. Our article takes its first steps in the fact that one of the most common ways to fight the COVID-19 virus is to avoid close contact between people. Indeed, our condominium meetings have been canceled at the first COVID-19 vague (in late February 2020), and social distancing as well as the use of masks and hand sanitizer in the concierge are measures still adopted at the end of 2022. External people (parents, visitors in general, and patients from the three health offices housed in the condominium) have been reduced, and certain businesses, such as bed and breakfasts, which were operating until 2019, had been closed following the first vague of COVID-19 pandemics. The general condominium association has been centralized under the conscious direction of the doorman led by the administrator of the condominium and a support lawyer. Stray animals at the foot of the condominium and fed by a couple of residents have been reduced to the strict minimum. On a sample of 39 people questioned and from an age range between 17 and 93 years, actually residing in the condominium and excluding those members of families who do not actually reside there, we inquired how the risk of COVID-19 infection has decreased over the past year (December 2021-December 2022). The useful variables to determine the correlations between the precautionary behaviors adopted by the co-owners and a possible reduction in the risk of infection are: 1) size of the family (self-observed); 2) level of education (self-observed); 3) professional status (self-observed); 4) salary (self-observed); 5) travel history (self-observed); 6) annual charity (self-observed estimate); 7) confidence in sustainability (interviews via mobile chat); 8) doses of vaccines already taken to the time of the survey (interviews via mobile chat); and 9) depressive symptoms (interviews via mobile chat). Our survey targets to highlight how residents’ safety in the case of one of the most recent periods of COVID-19 pandemics—i. e. the starting winter season 2022‒2023—is somehow safeguarded by cooperative games because of condominiums rules’ fulfillment as well as by socio-juridical precautionary measures taken by the ruling association.
{"title":"The Role of a Condominium’s Association in Adapting, Complying, and Self-Reducing Anxiety in Response to COVID-19 Precautionary Measures","authors":"Romina Fucà, Serena Cubico, J. Leitão","doi":"10.6000/2817-2302.2022.01.05","DOIUrl":"https://doi.org/10.6000/2817-2302.2022.01.05","url":null,"abstract":"Our article is part of a micro-inquiry into the small reality of co-ownership to formulate hypotheses on the evaluation of behaviors (non-pharmaceutical precautionary measures) in addition to pharmaceutical actions put in place by the authorities against future pandemics. Our article takes its first steps in the fact that one of the most common ways to fight the COVID-19 virus is to avoid close contact between people. Indeed, our condominium meetings have been canceled at the first COVID-19 vague (in late February 2020), and social distancing as well as the use of masks and hand sanitizer in the concierge are measures still adopted at the end of 2022. External people (parents, visitors in general, and patients from the three health offices housed in the condominium) have been reduced, and certain businesses, such as bed and breakfasts, which were operating until 2019, had been closed following the first vague of COVID-19 pandemics. The general condominium association has been centralized under the conscious direction of the doorman led by the administrator of the condominium and a support lawyer. Stray animals at the foot of the condominium and fed by a couple of residents have been reduced to the strict minimum. On a sample of 39 people questioned and from an age range between 17 and 93 years, actually residing in the condominium and excluding those members of families who do not actually reside there, we inquired how the risk of COVID-19 infection has decreased over the past year (December 2021-December 2022). The useful variables to determine the correlations between the precautionary behaviors adopted by the co-owners and a possible reduction in the risk of infection are: 1) size of the family (self-observed); 2) level of education (self-observed); 3) professional status (self-observed); 4) salary (self-observed); 5) travel history (self-observed); 6) annual charity (self-observed estimate); 7) confidence in sustainability (interviews via mobile chat); 8) doses of vaccines already taken to the time of the survey (interviews via mobile chat); and 9) depressive symptoms (interviews via mobile chat). Our survey targets to highlight how residents’ safety in the case of one of the most recent periods of COVID-19 pandemics—i. e. the starting winter season 2022‒2023—is somehow safeguarded by cooperative games because of condominiums rules’ fulfillment as well as by socio-juridical precautionary measures taken by the ruling association.","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"66 5","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72397433","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-04-25DOI: 10.3868/s050-010-021-0009-8
JIA Sihan
{"title":"Webinar for Artificial Intelligence and the Future Rule of Law Was Held Successfully by the Social Sciences Universities Network","authors":"JIA Sihan","doi":"10.3868/s050-010-021-0009-8","DOIUrl":"https://doi.org/10.3868/s050-010-021-0009-8","url":null,"abstract":"<p/>","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"145 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2021-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138524196","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-01-13DOI: 10.3868/S050-009-020-0027-7
Yin Hongwu
{"title":"Difficulties Confronted by ICSID Tribunals in Deciding International Investment Corruption Cases and Possible Solutions","authors":"Yin Hongwu","doi":"10.3868/S050-009-020-0027-7","DOIUrl":"https://doi.org/10.3868/S050-009-020-0027-7","url":null,"abstract":"","PeriodicalId":41655,"journal":{"name":"中国法学前沿","volume":"15 1","pages":"481-505"},"PeriodicalIF":0.3,"publicationDate":"2021-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44395773","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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