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Genesis of Legal Regulation of Pre-Trial Detention in Sweden and Ukraine: Comparative Analysis 瑞典与乌克兰审前羁押法律规制的渊源:比较分析
3区 社会学 Q2 LAW Pub Date : 2023-11-02 DOI: 10.2478/jles-2023-0013
Dariia Melnykova
Abstract The paper goes on to discuss the prevalence of issues in pre-trial detention practices in both Sweden and Ukraine, as noted by international and national organizations. Sweden has witnessed a growing trend in pre-trial detention statistics, while Ukraine, despite a decreasing trend in remand, faces a substantial number of cases brought against it at the European Court of Human Rights (ECHR) pertaining to pre-trial detention. The historical context reveals that these two countries have responded differently to criticism and challenges, reflecting variations in their legal systems and corresponding regulations on pre-trial detention. Nonetheless, both nations have pursued reforms with a shared objective: to improve the pre-trial detention system. Given these divergent experiences, statistical data, and overall context, it is evident that a comparative analysis of pre-trial detention policies in Sweden and Ukraine is warranted. Such a comparison can offer valuable insights into the existing problems in both countries and suggest pertinent solutions, taking into consideration their distinctive experiences and circumstances.
本文继续讨论瑞典和乌克兰审前拘留做法中普遍存在的问题,正如国际和国家组织所指出的那样。瑞典的审前拘留统计数字呈增长趋势,而乌克兰尽管还押人数呈下降趋势,但仍面临欧洲人权法院对其提出的大量审前拘留案件。历史背景表明,这两个国家对批评和挑战的反应不同,反映了它们的法律制度和相应的审前拘留规定的差异。尽管如此,两国都在追求一个共同的改革目标:改善审前拘留制度。鉴于这些不同的经验、统计数据和总体情况,显然有必要对瑞典和乌克兰的审前拘留政策进行比较分析。这种比较可以对两国存在的问题提供有价值的见解,并结合两国不同的经验和情况提出针对性的解决办法。
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引用次数: 0
Romania’s 1866 Electoral System and the Quest for National Sovereignty 罗马尼亚1866年的选举制度和对国家主权的追求
3区 社会学 Q2 LAW Pub Date : 2023-11-02 DOI: 10.2478/jles-2023-0016
Răzvan Cosmin Roghină
Abstract In 1866, religion played a significant role in unifying the Romanian national spirit. A foreign prince was brought to rule under the Orthodox faith, and this religious aspect was incorporated into Article 82 of the Constitution. The limitation of political rights in Romania was based on ethnic criteria, with Jews and other non-Christians excluded from full participation. The electoral system introduced a high property-based voting qualification, reflecting, to some extent, liberal principles, but effectively limiting actual participation. Thus, the Romanian Constitution of 1866 struck a delicate balance between borrowed liberal ideals and the specific cultural context of Romania. It emphasized the role of religion and property ownership in shaping political rights and identity, while also attempting to align with European constitutional standards. The electoral system of 1866 in Romania fell short of democratic ideals and perpetuated inequalities. It shaped the political landscape and had far-reaching consequences for the country’s governance and representation.
1866年,宗教在统一罗马尼亚民族精神方面发挥了重要作用。一位外国王子被引入东正教统治,这一宗教方面被纳入宪法第82条。罗马尼亚对政治权利的限制是以种族标准为基础的,犹太人和其他非基督徒被排除在充分参与之外。选举制度引入了以财产为基础的高投票资格,这在一定程度上反映了自由主义原则,但实际上限制了实际参与。因此,1866年的罗马尼亚宪法在借用的自由主义理想和罗马尼亚特定的文化背景之间取得了微妙的平衡。它强调宗教和财产所有权在塑造政治权利和身份方面的作用,同时也试图与欧洲宪法标准保持一致。1866年罗马尼亚的选举制度不符合民主理想,使不平等永久化。它塑造了政治格局,并对国家的治理和代表性产生了深远的影响。
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引用次数: 0
Protection of Private, Family, and Intimate Lives 保护私人、家庭和亲密生活
3区 社会学 Q2 LAW Pub Date : 2023-11-02 DOI: 10.2478/jles-2023-0018
Anca Florina Moroșteș
Abstract The Constitutional Court of Romania (CCR) holds an essential position in guaranteeing the observance of human rights within the country’s constitutional and legal framework. Through its attribution to interpret and verify the compliance of laws with the Constitution, the CCR has built a vast and particularly significant caselaw regarding the individual’s fundamental rights. By studying the Constitutional Court of Romania’s judicial practice in the field of human rights, we can examine how fundamental rights are interpreted and implemented in the national legal system. In this regard, the CCR plays a vital role in ensuring the protection and promotion of these rights by interpreting the Constitution and applicable legislation in accordance with international standards. It is important to highlight that the CCR’s human rights caselaw reflects the constant attempt to ensure a balance between the individual’s and society’s interests, protecting fundamental rights in accordance with the principles of the rule of law and international standards in the field. Through the analysis of concrete cases and constitutional interpretation, the CCR strengthens its essential role in human rights promotion and defense in Romania.
罗马尼亚宪法法院(CCR)在保证在国家宪法和法律框架内遵守人权方面发挥着重要作用。通过解释和核实法律是否符合宪法,《公民权利法》在个人基本权利方面建立了一个庞大而特别重要的判例法。通过研究罗马尼亚宪法法院在人权领域的司法实践,我们可以研究基本权利在国家法律体系中是如何被解释和实施的。在这方面,CCR通过按照国际标准解释宪法和适用立法,在确保保护和促进这些权利方面发挥着至关重要的作用。需要强调的是,中华人民共和国的人权判例法反映了确保个人利益与社会利益之间平衡的持续努力,根据法治原则和国际标准保护基本权利。通过对具体案例的分析和宪法解释,罗马尼亚人权委员会加强了其在促进和捍卫罗马尼亚人权方面的重要作用。
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引用次数: 0
Complications in Classifying Suicide Incitement as a Crime 将煽动自杀列为罪行的复杂情况
3区 社会学 Q2 LAW Pub Date : 2023-11-02 DOI: 10.2478/jles-2023-0010
Nukri Matua
Abstract The article describes and evaluates Georgian legislation in comparison to foreign legislation, as well as, based on the practical analysis, highlights the critical elements of the actual composition leading to suicide and suicide attempt. The problem of identifying whether a crime leading to suicide, or a suicide attempt qualifies for prosecution before investigative bodies and national courts is the main concern. Because of this, the article analyzes topics covered by European and National Court judgments on human rights. The intricacies of the suicide investigation are explained based on the author’s personal professional and practical knowledge, likewise, the conditions that need to be proven all through the case investigations. This article provides an overview of the problems with the current legislative architecture, its weaknesses, and basic suggestions for improving them.
摘要本文通过与国外立法的比较,对格鲁吉亚的立法进行了描述和评价,并在实践分析的基础上,强调了导致自杀和自杀未遂的实际构成的关键因素。确定导致自杀或企图自杀的犯罪是否有资格在调查机构和国家法院起诉的问题是主要的关切。正因为如此,本文分析了欧洲和各国法院关于人权的判决所涵盖的主题。根据作者个人的专业和实践知识,解释了自杀调查的复杂性,同样,通过案件调查需要证明的条件。本文概述了我国现行立法体系存在的问题、不足,并提出了完善我国现行立法体系的基本建议。
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引用次数: 0
Oligarchic Politics in the Context of a Democratic Rule of Law in Relation to the Principle of Expediency 民主法治背景下的寡头政治与权宜之计原则的关系
3区 社会学 Q2 LAW Pub Date : 2023-11-02 DOI: 10.2478/jles-2023-0012
Ahmad Rifai Suftyadi, Dini Dewi Heniarti, A Harits Nu’man
Abstract Indonesia, which is a democratic country, is not necessarily free from the practice of ownership of a handful of groups that influence the course of the National constitution. Oligarchy begins with the fact that extreme material inequality produces extreme political inequality. Although in a democracy, position and access to the political process are interpreted as equal, the enormous wealth in the hands of a small minority creates a significant excess of power in the political sphere for that group. The practice of oligarchic politics in Indonesia has been prominent and widespread since the New Order era. Oligarchy has undermined the philosophical meaning of democracy, which is political power or government run by the people, and for the people. Freedom in the political field certainly does not mean legalizing all means but remains in the corridor as contained in Pancasila as the basic ideology of the Indonesian nation. The good and bad of the law must be measured by the good and bad consequences produced by the application of the law, meaning that legal provisions can be considered good and provide benefits if the consequences resulting from their application are good, maximum happiness, and reduced suffering.
印度尼西亚是一个民主国家,但它并不一定能摆脱少数影响国家宪法进程的团体的所有权实践。寡头政治始于极端的物质不平等导致极端的政治不平等。虽然在民主国家,地位和参与政治进程的机会被解释为平等,但少数人手中的巨额财富使该群体在政治领域的权力大大过剩。印尼的寡头政治实践自新秩序时代以来就十分突出和普遍。寡头政治破坏了民主的哲学意义,即政治权力或政府由人民管理,为人民服务。政治领域的自由当然并不意味着使所有手段合法化,而是作为印度尼西亚民族基本意识形态的潘卡西拉所包含的走廊。法律的好与坏必须由法律的应用所产生的好与坏的结果来衡量,这意味着如果法律条款的应用所产生的结果是好的、最大的幸福和减少的痛苦,那么法律条款就可以被认为是好的,并提供利益。
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引用次数: 0
QUO Quadis Romanian Education? Brief Introspection 罗马尼亚教育?短暂的内省
3区 社会学 Q2 LAW Pub Date : 2023-11-02 DOI: 10.2478/jles-2023-0017
Verginia Vedinaş, Teodor Narcis Godeanu
Abstract This study aims to conduct a brief introspection of the current state of Romanian education, in general and of academic education, in particular. The approach is achieved under four coordinates: legislative evolution; a review of constitutional and legal provisions; a critical approach to academic education and possible solutions.
摘要:本研究旨在对罗马尼亚教育的现状进行简要的反思,特别是一般的学术教育。这种方法是在四个方面实现的:立法演变;审查宪法和法律规定;学术教育的批判性方法和可能的解决方案。
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引用次数: 0
Tax Evasion Between Tax Optimization at the Border of Legality, Tax Burden and Voluntary Compliance 在合法性、税负和自愿遵守边界上的税收优化之间的偷税漏税
3区 社会学 Q2 LAW Pub Date : 2023-11-02 DOI: 10.2478/jles-2023-0019
Daniela Petrașcu, Ioana Păcurariu, Bianca Cristina Ciocanea, Cosmin Ioan Pițu
Abstract Tax evasion operates beyond the boundaries of the jurisdictions, it develops across borders, and the extent of tax fraud as a phenomenon is differentiated according to the aspects and the rigours of legislation, as well as according to the economic environment of each country in part. Regardless of the level of development of the country in which it manifests, the effects of the fiscal fraud are destructive, affecting both the state budget, as well as the financial resources of the offenders’ commercial partners. The fiscal fraud has negative effects over the economic market, and one of the consequences is the social inequality from the perspective of the abuse and the predisposition of certain taxable subjects to fraud. Certainly, the phenomenon remains unraveled, the financial schemes being extremely complex, and the fraud mechanisms are some of the most laborious ones and in a permanent improvement, while the evaders keep finding new means by way of which they illegally attract financial resources. The fight against tax evaders is a difficult one, mainly because of the sometimes “deliberate” legislative “loopholes”, but also because of their ingenuity, which is often “one step” ahead of those who fight against tax evasion.
逃税行为超越了司法管辖区的边界,它跨越国界发展,税务欺诈作为一种现象的程度根据立法的方面和严格程度以及每个国家的经济环境进行区分。无论其所体现的国家的发展水平如何,财政欺诈的影响都是破坏性的,既影响国家预算,也影响犯罪者的商业伙伴的财务资源。财政欺诈对经济市场产生了负面影响,从滥用和某些应税主体欺诈倾向的角度来看,其后果之一是社会不平等。当然,这一现象仍未得到解决,金融计划极其复杂,欺诈机制是最费力的,而且在不断改进,而逃税者不断寻找新的手段,通过这种方式非法吸引金融资源。打击逃税者是一场艰难的战斗,主要是因为有时“故意”的立法“漏洞”,但也因为他们的聪明才智,往往比那些打击偷税漏税的人“领先一步”。
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引用次数: 0
Forensic Science Integration in Legal Education: A Paradigm Shift for Strengthening Legal Expertise in Pakistan 法医学融入法律教育:巴基斯坦加强法律专业知识的范式转变
3区 社会学 Q2 LAW Pub Date : 2023-11-02 DOI: 10.2478/jles-2023-0014
Muhammad Imran Ali
Abstract The objective and scientific interpretation of evidence provided by forensic science is a crucial component of the contemporary judicial system. In Pakistan, forensic science education is not a part of the required curriculum for obtaining a Bachelor of Law (LL.B.) degree. Lawyer’s knowledge of the scope and limits of forensic research is hindered by the absence of a thorough forensic science component within law school. This, in turn, may obstruct the proper use of forensics in court procedures, which can slow down the distribution of justice. Forensic science education offers numerous benefits, including a holistic understanding of law and forensic science, interdisciplinary skills development, enhanced collaboration between lawyers and experts, and the development of specialized lawyers for handling complex cases. Law students may benefit from a deeper grasp of the scientific processes involved in criminal investigation, evidence collecting, preservation, analysis, and presentation by taking forensic science courses. Future lawyers will benefit from this understanding while trying cases, challenging expert testimony, and arguing on behalf of their clients. This article addresses the advantages, problems, and possible tactics for integrating forensic science into the LL.B. curriculum in Pakistan.
客观、科学地解释法医学提供的证据是当代司法制度的重要组成部分。在巴基斯坦,法医学教育不是获得法学学士学位的必修课程的一部分。律师对法医研究的范围和限制的了解受到法学院缺乏彻底的法医科学组成部分的阻碍。这反过来又可能妨碍在法庭程序中适当使用法医,从而减缓司法的分配。法医学教育提供了许多好处,包括对法律和法医学的全面理解,跨学科技能的发展,加强律师和专家之间的合作,以及处理复杂案件的专业律师的发展。通过参加法医学课程,法律系学生可以对刑事调查、证据收集、保存、分析和陈述的科学过程有更深入的掌握。未来的律师在审理案件、质疑专家证词和代表客户辩论时将受益于这种理解。本文讨论了巴基斯坦将法医学纳入法学学士课程的优势、问题和可能的策略。
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引用次数: 0
Comparative Analysis of Evidence Law Within the Civil Process Comparative-Legal Research 民事诉讼中的证据法比较分析比较法学研究
3区 社会学 Q2 LAW Pub Date : 2023-11-02 DOI: 10.2478/jles-2023-0008
Sophio Barnabishvili
Abstract The article discusses the types of evidence used in the civil law process. Comparative-legal research includes a list of types of evidence used in the civil law process in different countries of the world, their description, and legal significance based on local law. The Code of Civil Procedure is a legal means of protecting the civil rights and freedom of a person. Proceedings are conducted in compliance with the principles of disposition and competition, which allows disputing parties, under equal conditions, to determine the essence of the dispute on their initiative and to present relevant different types of evidence to determine the truth in the case. In general, asserting one’s position, truth, or justice and obtaining, collecting and presenting relevant evidence for the purpose is related to the legal awareness, good faith and sound logic developed by the party (its representative or third parties). In the process of development of a democratic state, much attention is paid to the pursuit of perfection of individual disciplines of private law, which mainly includes the objective protection of human rights and legal interests. In this process, it is of the utmost importance that the relevant norms of the law allow the interested person to present appropriate evidence to confirm the violation of the right and request the restoration of the violated rights in the justice implementing Agency. The Code of Civil Procedure is a legal means of protecting the civil rights and freedom of a person. Proceedings are conducted in compliance with the principles of disposition and competition, which allows disputing parties, under equal conditions, to determine the essence of the dispute on their initiative and to present relevant different types of evidence to determine the truth in the case.
摘要本文探讨了民事诉讼中证据的种类。比较法研究包括世界各国民法程序中使用的证据类型的列表,它们的描述,以及基于当地法律的法律意义。民事诉讼法是保护公民权利和人身自由的法律手段。诉讼程序遵循处置和竞争原则,允许争议各方在平等的条件下主动确定争议的实质,并提出相关的不同类型的证据,以确定案件的真相。一般来说,主张自己的立场、真理或正义,并为此目的获取、收集和出示相关证据,与当事人(其代表或第三方)的法律意识、诚信和良好的逻辑有关。在民主国家的发展过程中,对私法个别学科的追求完善受到了重视,这主要包括对人权和法律利益的客观保护。在这一过程中,最重要的是,有关的法律规范允许利害关系人在司法执行机构提出适当的证据,以确认权利受到侵犯,并要求恢复被侵犯的权利。民事诉讼法是保护公民权利和人身自由的法律手段。诉讼程序遵循处置和竞争原则,允许争议各方在平等的条件下主动确定争议的实质,并提出相关的不同类型的证据,以确定案件的真相。
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引用次数: 0
Comparative Analysis of Evidence Law Within the Civil Process Comparative-Legal Research 民事诉讼中的证据法比较分析比较法学研究
3区 社会学 Q2 LAW Pub Date : 2023-11-02 DOI: 10.2478/jles-2023-0009
Cordelia Onyinyechi Omodero
Abstract Fiscal policy methods are critical to a country’s economic stability. However, when fiscal policy changes occur, all economic sectors react either favorably or adversely. The stock market is not spared from this reaction because it is likewise an important aspect of the economy. From 1998 through 2020, the inquiry looks at the link between fiscal policy mechanisms and stock market performance. The Levin, Lin, and Chu test is used to determine data stationarity. At zero latency, all factors remain constant. Other screening tools employed indicate that all datasets and models utilized in this work are of satisfactory quality. Pearson Product Moment Correlation (PPMC) is a statistical method used to investigate the link between fiscal policy plans and stock market results. Correlation coefficients quantify the strength of a link between two variables. The study’s findings indicate that fiscal measures such as tax income, domestic borrowing, government capital, and regular expenditure have a substantial and extremely strong positive relationship with Nigerian stock market returns. The study also indicates that foreign borrowing is harmful to Nigeria’s stock market advancement. Other data indicate that foreign borrowing has a modest to very weak link with other fiscal policy methods when compared to the outcomes of the other instruments. As a result, the report recommends increased tax income collection and a significant reduction in the country’s foreign debt.
财政政策方法对一国经济的稳定至关重要。然而,当财政政策发生变化时,所有经济部门的反应或有利或不利。股市也未能幸免,因为它同样是经济的一个重要方面。从1998年到2020年,该调查着眼于财政政策机制与股市表现之间的联系。Levin, Lin, and Chu检验用于确定数据平稳性。在零延迟时,所有因素保持不变。使用的其他筛选工具表明,本工作中使用的所有数据集和模型都具有令人满意的质量。皮尔逊积矩相关(PPMC)是一种用于调查财政政策计划与股市结果之间联系的统计方法。相关系数量化了两个变量之间联系的强度。研究结果表明,税收收入、国内借款、政府资本和经常性支出等财政措施与尼日利亚股市回报存在实质性且极其强烈的正相关关系。研究还表明,外国借款不利于尼日利亚股市的发展。其他数据表明,与其他工具的结果相比,外国借款与其他财政政策方法的联系不大,甚至非常薄弱。因此,报告建议增加税收收入,并大幅减少该国的外债。
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引用次数: 0
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Journal of Legal Studies
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