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Study on the Judicial Practice Dilemma of "Space Obscene" 空间淫秽 "司法实践困境研究
Pub Date : 2024-07-26 DOI: 10.54254/2753-7048/57/20240092
Xinlei Qi
With the rapid development of the big data network era, cybercrime has gradually emerged in people's vision. As a new form of crime, it has a high degree of concealment and demonstration. Minors, due to their immature mental development and lack of sufficient judgment, are prone to becoming victims of "sexual harassment". At present, legislation and judicial interpretation are not yet perfect, and there are many disputes in the academic community regarding the application of the law. Resolving these disputes has become an urgent task. The research methods used in this article mainly include literature analysis and case analysis. Firstly, this article provides an in-depth interpretation of the keyword "sexual harassment in the distance" from different perspectives, then it combines this phrase with actual cases in the "China Judgment Document Network" to analyze the judicial practice difficulties and explore the path. Finally, it looks forward to the future of China's rule of law construction.
随着大数据网络时代的快速发展,网络犯罪逐渐出现在人们的视野中。作为一种新型犯罪形式,它具有较强的隐蔽性和示范性。未成年人由于心智发育不成熟,缺乏足够的判断能力,容易成为 "性骚扰 "的受害者。目前,立法和司法解释尚不完善,学界对法律适用存在诸多争议。解决这些争议已成为当务之急。本文采用的研究方法主要包括文献分析法和案例分析法。首先,本文从不同角度对 "远距离性骚扰 "这一关键词进行了深入解读,然后结合 "中国裁判文书网 "中的实际案例,对司法实践中的难点进行了分析和路径探索。最后,展望了中国法治建设的未来。
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引用次数: 0
Analysis of Broader Functions of Trade Mark Law 对商标法更广泛功能的分析
Pub Date : 2024-07-26 DOI: 10.54254/2753-7048/55/20240081
Yichen Cao
In todays society, trademarks not only serve as indicators of the source of goods and services but also play various other roles, such as sales and advertising functions. Therefore, the function of trademark law to merely prevent consumer confusion is insufficient and poses risks to the development of trademarks in the market. The theories of association and dilution have emerged to address this issue, but there are still many doubts and misunderstandings surrounding them. This article first explores the other functions of trade mark law, specifically the emergence and content of the avoidance of association and dilution functions. The second part explains the necessity of the diverse functions of trademark law, emphasizing that the avoidance of association and dilution functions are crucial for protecting goodwill, safeguarding trademark uniqueness and value, and protecting the interests of merchants. The third part analyzes different regulations regarding the protection subject and dilution standards to determine the applicability of the diverse functions of trademark law across various countries. This analysis of the diverse functions of trademark law holds significant implications for the effectiveness of trademarks and the progress of trade mark law in legislation and judicial practices.
在当今社会,商标不仅是商品和服务来源的标志,还发挥着其他各种作用,如销售和广告功能。因此,商标法仅仅起到防止消费者混淆的作用是不够的,还会给商标在市场上的发展带来风险。为了解决这一问题,联想理论和淡化理论应运而生,但围绕这两种理论仍存在许多疑问和误解。本文首先探讨了商标法的其他功能,特别是避免联想和淡化功能的产生和内容。第二部分解释了商标法多种功能的必要性,强调了避免联想和淡化功能对于保护商誉、维护商标的独特性和价值、保护商家利益至关重要。第三部分分析了关于保护主体和淡化标准的不同规定,以确定商标法的不同功能在各国的适用性。对商标法多样化功能的分析对商标的有效性以及商标法在立法和司法实践中的进步具有重要意义。
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引用次数: 0
Study on the Criminal Law Protection of Virtual Property 虚拟财产的刑法保护研究
Pub Date : 2024-07-26 DOI: 10.54254/2753-7048/55/20240093
Jingyi Liu
With the advent of the network era, more and more criminal cases involving virtual property have occurred. The protection of virtual property has become an issue of urgent concern to the legal profession. However, the current reality is that in the legal regulations and theoretical practice, there is no accurate legal qualification of virtual property. It is urgent and necessary to analyse the legal nature of the virtual property and the corresponding legal interests. At the same time, the criminal law research and protection of the relevant infringement on the basis of the related normative elements have also become one of the urgent issues at the present time. Based on the above, this paper researches and analyses the legal attributes of virtual property in the criminal law protection of virtual property by using the research methods of normative analysis, comparative research and case study. At the same time take into account the inadequacy of the criminal law protection research and analysis. Finally, it provides recommendations for the protection of virtual property in criminal law in the areas of legislation, justice, international cooperation and technical means.
随着网络时代的到来,涉及虚拟财产的刑事案件越来越多。虚拟财产的保护已成为法律界亟待关注的问题。然而,当前的现实是,在法律规定和理论实践中,并没有对虚拟财产进行准确的法律定性。分析虚拟财产的法律性质及相应的法益,显得十分迫切和必要。同时,基于相关规范要件对相关侵权行为进行刑法研究和保护也成为当前亟待解决的问题之一。基于此,本文运用规范分析、比较研究、案例分析等研究方法,对虚拟财产刑法保护中的虚拟财产法律属性进行研究分析。同时结合刑法保护研究分析中存在的不足。最后,从立法、司法、国际合作、技术手段等方面对刑法保护虚拟财产提出建议。
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引用次数: 0
Interpretation Path of Equity Transfer Guarantee Effect from the Perspective of Company Law 公司法视角下的股权转让担保效力解读路径
Pub Date : 2024-07-26 DOI: 10.54254/2753-7048/57/20240079
Xinrui Wang
In China, the judicial practice has confirmed the effect of the transfer of share rights guarantee, but it is often classified into the standard framework of general transfer of movable property guarantee and lacks the special system consideration in the company law of share rights. Therefore, the commercial purpose of the transfer of share rights guarantee and the market rules it follows can provide an interpretation path in the view of Company law for the affirmation of the validity of the transfer of share rights guarantee. The characteristics of equity transfer guarantee, such as compound power, formal appearance, and common value, should be incorporated into the legal framework. In terms of internal effectiveness, the scope of the rights of the parties should be determined based on the shareholder qualification system of the Company Law. In terms of external effectiveness, it should follow the normative and theoretical purposes of the Company Law, and determine the rights and obligations of each party according to the specific situation.
在我国,司法实践虽然确认了股权转让担保的效力,但往往将其归入一般动产转让担保的标准框架中,缺乏公司法中对股权的特殊制度考量。因此,股权转让担保的商业目的及其所遵循的市场规则,可以为股权转让担保效力的确认提供公司法视野下的解释路径。股权转让担保的复权性、形式外观性、共同价值性等特征应纳入法律框架。在对内效力方面,应依据《公司法》的股东资格制度确定当事人的权利范围。在外部效力上,应遵循《公司法》的规范和理论宗旨,根据具体情况确定各方的权利和义务。
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引用次数: 0
Analysis of Traditional Brand Rejuvenation Marketing Communication Strategy in the New Media Era 新媒体时代传统品牌年轻化营销传播策略分析
Pub Date : 2024-07-26 DOI: 10.54254/2753-7048/56/20241685
Mengyang Xiao
With the advent of the new media era, the rapid development of science and technology, which also brought about the diversification of the brand, the corresponding change is the brand's marketing and communication methods, the traditional brand felt unprecedented pressure and challenges, marketing communication methods from the traditional brand marketing gradually transformed to today's new media marketing. Under the perspective of new media, if traditional brands want to stand firmly in the market, they must carry out certain youthful innovation strategies in marketing means and communication methods to break the conventional traditional brand image and enhance brand awareness and influence. This paper starts from the situation of traditional brands in the new media era, analyzes the dilemmas and challenges faced by traditional brands, and provides traditional brands with rejuvenation marketing and communication strategy suggestions, so that traditional brands can also be integrated into the new era, which has a certain positive effect on the development of communication of different traditional brands.
随着新媒体时代的到来,科学技术的飞速发展,也带来了品牌的多元化,与之相对应的变化就是品牌的营销传播方式,传统品牌感受到了前所未有的压力和挑战,营销传播方式也从传统的品牌营销逐渐转变为如今的新媒体营销。在新媒体视角下,传统品牌要想在市场中站稳脚跟,就必须在营销手段和传播方式上进行一定的年轻化创新策略,打破常规的传统品牌形象,提升品牌的知名度和影响力。本文从传统品牌在新媒体时代的处境出发,分析了传统品牌所面临的困境和挑战,为传统品牌提供了年轻化的营销和传播策略建议,使传统品牌也能融入新时代,对不同传统品牌的传播发展具有一定的积极作用。
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引用次数: 0
Criminal Law Regulation and Conviction Standards of Cyber Violence: Taking the Crime of Cyber Insult and Defamation as an Example 网络暴力的刑法规制与定罪标准:以网络侮辱和诽谤罪为例
Pub Date : 2024-07-26 DOI: 10.54254/2753-7048/55/20240086
Ziyu Liu
With the advent of the Internet era, interpersonal communication in real space has gradually spread to cyberspace. Whether the legal regulation of real space should follow and restrict the behavior norms of virtual space has become an important issue discussed by the academic community. Although civil law and other laws have certain regulations on the cyberspace, it is not enough to rely solely on general laws such as civil law to limit the escalating problem of online violence in cyberspace. Therefore, discussing the intervention of criminal law has become of utmost importance. Due to the ease of making comments in virtual spaces, as well as the large number of people and a mix of good and bad, the phenomenon of insult, defamation, and wanton abuse is the most widespread. Therefore, online insult and defamation has become a typical manifestation of online violence. The provisions of China's criminal law on the crime of online insult and defamation are still relatively broad and lack specificity, which brings certain difficulties to judicial practice when facing serious consequences of online insult and defamation. By exploring the criminal law regulations and conviction standards for online violence, using case analysis and comparative research methods, the criminal law rules for online insult and defamation can be further refined, effectively punishing and timely preventing online insult and defamation, purifying the online environment, safeguarding the rights and interests of netizens, and promoting the further development of criminal law in virtual space.
随着互联网时代的到来,现实空间的人际交往逐渐向网络空间蔓延。现实空间的法律规制是否应当遵循和约束虚拟空间的行为规范,成为学界探讨的一个重要问题。虽然民法等法律对网络空间有一定的规制,但要限制网络空间不断升级的网络暴力问题,仅仅依靠民法等一般法律是远远不够的。因此,探讨刑法的介入就显得尤为重要。由于在虚拟空间中发表言论的便捷性,以及人数众多、良莠不齐的特点,侮辱、诽谤、肆意谩骂等现象最为普遍。因此,网络侮辱、诽谤已成为网络暴力的典型表现形式。我国刑法对网络侮辱、诽谤罪的规定还比较宽泛,缺乏针对性,这给司法实践中面对网络侮辱、诽谤的严重后果带来了一定的困难。通过探索网络暴力的刑法规定和定罪标准,运用案例分析和比较研究的方法,可以进一步完善网络侮辱、诽谤罪的刑法规则,有效惩治和及时预防网络侮辱、诽谤行为,净化网络环境,维护网民权益,促进虚拟空间刑法的进一步发展。
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引用次数: 0
The Inaction of International Organizations in Times of War 国际组织在战争时期的无所作为
Pub Date : 2024-07-26 DOI: 10.54254/2753-7048/57/20240082
Lixiao Ran
The role of international organizations in wartime has attracted much attention. However, despite the existence of international organizations, there are still many wars and conflicts in the international community. This article explores the limitations of international organizations and the reasons for the inaction of international organizations during wartime, including international law, the political will of member states, and the ability to act. This article will start from a historical perspective, review the establishment of some early international organizations, the development of international law and its role, and then analyze the role of the United Nations as a modern international organization in depth. This article will further examine how international organizations should play a more active role in the conflict by comparing it to a successful case of international organizations in conflict resolution - the Sudan and Ethiopia conflicts. Finally, this article will discuss some possible solutions to improve the role of international organizations in wartime.
国际组织在战时的作用备受关注。然而,尽管有国际组织的存在,国际社会仍存在许多战争和冲突。本文探讨了国际组织的局限性以及战时国际组织不作为的原因,包括国际法、成员国的政治意愿和行动能力等。本文将从历史的角度出发,回顾一些早期国际组织的建立、国际法的发展及其作用,然后深入分析联合国作为现代国际组织的作用。本文将通过对比国际组织在解决冲突中的成功案例--苏丹和埃塞俄比亚冲突,进一步探讨国际组织应如何在冲突中发挥更积极的作用。最后,本文将讨论一些可能的解决方案,以改善国际组织在战时的作用。
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引用次数: 0
Strangers in Jim Jarmuschs Films: Exploring the Imagery and Identity 吉姆-贾木许电影中的陌生人:探索意象与身份
Pub Date : 2024-07-25 DOI: 10.54254/2753-7048/56/20241673
Yi Xin
This study delves into the portrayal of "strangers" in the films of Jim Jarmusch, offering insights into the complexities of contemporary urban life and the existential journey of individuals navigating fragmented landscapes. Through an analysis of Jarmusch's cinematic works, such as Stranger Than Paradise, Only Lovers Left Alive and The Dead Man. This research examines the evolving desires and challenges faced by various groups of "strangers," from immigrants to wandering intellectuals. The exploration encompasses themes of identity, belonging, and the search for meaning in a rapidly changing global context. While acknowledging the limitations of focusing solely on Jarmusch's films, the study underscores the need for future research to expand beyond this scope to encompass a broader range of cinematic works and cultural contexts.
本研究深入探讨了吉姆-贾木许电影中对 "陌生人 "的描绘,深入剖析了当代城市生活的复杂性以及个人在支离破碎的环境中的生存历程。通过分析吉姆-贾木许的电影作品,如《比天堂更陌生的地方》(Stranger Than Paradise)、《只有恋人未娶》(Only Lovers Left Alive)和《死人》(The Dead Man)。本研究探讨了从移民到流浪知识分子等各种 "陌生人 "群体不断变化的欲望和面临的挑战。探讨的主题包括身份认同、归属感以及在瞬息万变的全球环境中寻找意义。本研究承认仅关注贾木许电影的局限性,同时强调未来的研究需要超越这一范围,涵盖更广泛的电影作品和文化背景。
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引用次数: 0
Minor Gambling Poses Potential Risks to Adolescent Development 未成年人赌博对青少年成长构成潜在风险
Pub Date : 2024-07-25 DOI: 10.54254/2753-7048/56/20241703
Ningbing Wu
In recent years, the prevalence of gambling behavior among adolescents and the increasing trend of problem gambling has been supported by evidence in various countries. Therefore, the following literature content will integrate a variety of past research evidence to explore the question of whether minor gambling behavior brings potential risks to adolescent growth. However, most research data indicated that adolescents have psychological characteristics such as impulsivity and weak emotional regulation abilities, which make them more susceptible to external factors and increase the individual's risk of problem gambling. According to different gambling severity levels, which could divided into four stages- non-problematic gambling, at-risk gambling, problem gambling, and pathological gambling. It is worth noting that the potential risks brought by gambling behavior among minors include cognitive biases behavior, psychological issues, indirect substance use, disharmony in family and social relationships, termination of academic schooling, and even participation in criminal or illegal activities. Since the potential risks brought by minor gambling will hinder their personal development in different aspects, schools and society should implement effective measures to help weaken teenagers' gambling intentions and prevent teenagers from developing serious level problem gambling. In addition to predicting adolescents' participation in gambling activities in advance through measures such as cognitive therapy, from an intervention perspective, effective strategies need to pay more attention to the minors themselves and their external environmental background.
近年来,赌博行为在青少年中的普遍存在以及问题赌博的增加趋势在各国都得到了证据支持。因此,以下文献内容将综合以往的各种研究证据,探讨未成年人赌博行为是否会给青少年成长带来潜在风险这一问题。然而,大多数研究数据表明,青少年具有冲动、情绪调节能力弱等心理特征,更容易受到外界因素的影响,增加了个体问题赌博的风险。根据赌博严重程度的不同,可分为非问题赌博、高危赌博、问题赌博和病态赌博四个阶段。值得注意的是,未成年人赌博行为带来的潜在风险包括认知偏差行为、心理问题、间接使用药物、家庭和社会关系不和谐、终止学业,甚至参与犯罪或非法活动等。鉴于未成年人赌博带来的潜在风险会在不同方面阻碍其个人发展,学校和社会应采取有效措施,帮助削弱青少年的赌博意向,防止青少年发展成严重程度的问题赌博。除了通过认知疗法等措施提前预测青少年参与赌博活动的情况外,从干预的角度来看,有效的策略更需要关注未成年人自身及其外部环境背景。
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引用次数: 0
The Semantic Universal of Quantifiers 量词的语义普遍性
Pub Date : 2024-07-25 DOI: 10.54254/2753-7048/56/20241606
Shiyu Wu
This topic is going to discuss semantic universals for quantifiers. Semantics, sometimes referred to as semantics, is the study of denotation, meaning, or truth, as well as the study of linguistic meaning from a linguistic perspective. The meaning of the language unit itself is known as semantics, or semanteme, which emphasizes the objective presence of meaning and the requirement that it be distinct and part of the linguistic meaning. Consider the quantifier "all" and some as an illustration. By "all birds can fly," this research imply that all birds possess the capacity to soar. Because everything that is true for a bigger group will also be true for any subset of that group, the quantifier "all" has a monotonic feature. Put differently, the adage "all birds can fly" remains true even if this paper expand the set of birds to include other bird species. By "some birds can fly," this paper imply that there is at least one species of bird that is capable of flying. Because it is true for every bigger group that contains the smaller one, the quantifier "some" is also monotonic if it is true for the smaller group. Research on quantifier semantic universals offers important new perspectives on the structure and function of language. Researchers have found similar patterns and principles that underpin the semantics of quantification by studying quantifier behavior in a variety of languages and circumstances. The concept of monotonicity, which asserts that all quantifiers are monotonic, is one significant discovery.
本专题将讨论量词的语义普遍性。语义学,有时也称为语义学,是研究指称、意义或真理的学科,也是从语言学角度研究语言意义的学科。语言单位本身的意义被称为语义,或语素,它强调意义的客观存在,并要求意义是独特的,是语言意义的一部分。以量词 "所有 "和 "一些 "为例进行说明。所有的鸟都会飞 "意味着所有的鸟都有翱翔的能力。因为对于一个更大的群体来说,所有事情都是真实的,对于该群体的任何子集来说也是真实的,所以量词 "所有 "具有单调性特征。换句话说,即使本文将鸟类的集合扩大到其他鸟类,"所有鸟类都会飞 "这句谚语依然适用。本文所说的 "有些鸟会飞 "意味着至少有一种鸟能够飞行。因为它对每一个包含小鸟的大鸟群都是真的,所以如果它对小鸟群是真的,那么量词 "有些 "也是单调的。对量词语义普遍性的研究为语言的结构和功能提供了重要的新视角。研究人员通过研究各种语言和环境中的量词行为,发现了支撑量词语义的类似模式和原则。单调性(monotonicity)概念是一个重要发现,它断言所有量词都是单调的。
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引用次数: 0
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Lecture Notes in Education Psychology and Public Media
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