As a new system, the divorce cooling-off period system aims to curb hasty divorce. Divorce and impulsive divorce, reduce the divorce rate in our country, maintain the divorce rate, and maintain a certain degree of stability in marital relationships. Article 1077 of the Chinese Civil Code stipulates that the divorce cooling-off period system is an indisputable fact and has been incorporated into law. By using qualitative research methods and theoretical research methods to explain its meaning and background, it briefly introduces the development process of the divorce cooling-off period in our country. On the basis of affirming its positive significance, it points out the shortcomings of the current divorce cooling-off period system in our country and analyzes The reason why my country’s divorce cooling-off period system needs to be improved is to conduct a general inspection of foreign divorce cooling-off period systems through comparative research methods and put forward opinions and suggestions for improving my country’s divorce cooling-off period system. And the results are drawn: China’s divorce cooling-off period system is complex and requires long-term, multi-faceted efforts to resolve its flaws and improve its effectiveness.
{"title":"Inadequacies and Improvements in China’s Divorce Cooling-Off Period System","authors":"Zongqi Li","doi":"10.22158/elp.v7n2p31","DOIUrl":"https://doi.org/10.22158/elp.v7n2p31","url":null,"abstract":"As a new system, the divorce cooling-off period system aims to curb hasty divorce. Divorce and impulsive divorce, reduce the divorce rate in our country, maintain the divorce rate, and maintain a certain degree of stability in marital relationships. Article 1077 of the Chinese Civil Code stipulates that the divorce cooling-off period system is an indisputable fact and has been incorporated into law. By using qualitative research methods and theoretical research methods to explain its meaning and background, it briefly introduces the development process of the divorce cooling-off period in our country. On the basis of affirming its positive significance, it points out the shortcomings of the current divorce cooling-off period system in our country and analyzes The reason why my country’s divorce cooling-off period system needs to be improved is to conduct a general inspection of foreign divorce cooling-off period systems through comparative research methods and put forward opinions and suggestions for improving my country’s divorce cooling-off period system. And the results are drawn: China’s divorce cooling-off period system is complex and requires long-term, multi-faceted efforts to resolve its flaws and improve its effectiveness.","PeriodicalId":515569,"journal":{"name":"Economics, Law and Policy","volume":"112 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141802155","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}
In recent years, the rapid development of network technology in China has changed our lives and at the same time triggered new challenges to our right to information. Since ancient times, human beings have been trying to challenge to overcome forgetting, and the Internet has changed the law of people’s memory. The right to be forgotten has come into people’s attention since the “Gonzalez v. Google Inc. and Pioneer Newspaper” in the European Union in 2014, which triggered discussions in the academic community, and then the first case of the right to be forgotten in China, “Ren Jiayu v. Baidu”, has pushed the localization of the study of the protection of personal information and the right to be forgotten to a new level in our country. The case of Ren Jiayu v. Baidu, the first case of the right to be forgotten in China, also pushed the protection of personal information and the localization of the right to be forgotten to a climax. However, the right to be forgotten in China is facing multi-level legislative difficulties. In this paper, we will discuss it once and for all.
{"title":"Legislative Obstacles to the Right to Be Forgotten in China’s Network Environment","authors":"Yifan Zhao","doi":"10.22158/elp.v7n2p17","DOIUrl":"https://doi.org/10.22158/elp.v7n2p17","url":null,"abstract":"In recent years, the rapid development of network technology in China has changed our lives and at the same time triggered new challenges to our right to information. Since ancient times, human beings have been trying to challenge to overcome forgetting, and the Internet has changed the law of people’s memory. The right to be forgotten has come into people’s attention since the “Gonzalez v. Google Inc. and Pioneer Newspaper” in the European Union in 2014, which triggered discussions in the academic community, and then the first case of the right to be forgotten in China, “Ren Jiayu v. Baidu”, has pushed the localization of the study of the protection of personal information and the right to be forgotten to a new level in our country. The case of Ren Jiayu v. Baidu, the first case of the right to be forgotten in China, also pushed the protection of personal information and the localization of the right to be forgotten to a climax. However, the right to be forgotten in China is facing multi-level legislative difficulties. In this paper, we will discuss it once and for all.","PeriodicalId":515569,"journal":{"name":"Economics, Law and Policy","volume":" 19","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141822560","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}
In the rapidly developing economy, with the increasing frequency of socio-economic activities, the number of listed companies is also growing. As an important part of China's non-state-owned economy, the information disclosure of listed companies is particularly important and serves as a crucial indicator for small and medium investors. However, in the prosperous market economy, some listed companies, in order to attract more investors, resort to financial fraud, such as issuing false invoices, creating fictitious transactions or related party transactions, and other means to inflate profits and deceive investors’ funds. This undoubtedly undermines China’s socio-economic order and reduces the public’s trust in the securities market. Due to the imperfect market economy rules, inadequate legal system, and incomplete internal control systems in China, financial fraud occurs very frequently. Financial fraud not only harms the interests of small and medium investors but also disrupts the social and economic order. Next, this paper will explore the means and motivations of financial fraud to delve into the essence of financial fraud.
{"title":"Research on Legal Issues of Financial Fraud in Listed Companies","authors":"Ke Zhang","doi":"10.22158/elp.v7n2p9","DOIUrl":"https://doi.org/10.22158/elp.v7n2p9","url":null,"abstract":"In the rapidly developing economy, with the increasing frequency of socio-economic activities, the number of listed companies is also growing. As an important part of China's non-state-owned economy, the information disclosure of listed companies is particularly important and serves as a crucial indicator for small and medium investors. However, in the prosperous market economy, some listed companies, in order to attract more investors, resort to financial fraud, such as issuing false invoices, creating fictitious transactions or related party transactions, and other means to inflate profits and deceive investors’ funds. This undoubtedly undermines China’s socio-economic order and reduces the public’s trust in the securities market. Due to the imperfect market economy rules, inadequate legal system, and incomplete internal control systems in China, financial fraud occurs very frequently. Financial fraud not only harms the interests of small and medium investors but also disrupts the social and economic order. Next, this paper will explore the means and motivations of financial fraud to delve into the essence of financial fraud.","PeriodicalId":515569,"journal":{"name":"Economics, Law and Policy","volume":" 39","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141824936","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}
The world is facing a new security crisis—with the development of technology, national interest has been expanded from military to oceans, polar regions, outer space, and networks, as well as to new fields such as artificial intelligence and big data. And there will be a great possibility for states to invoke the “Security Exception” clause to exempt themselves from WTO obligations. Following the interpretation approach of the WTO Panel, there is no technical barrier to giving an expansive interpretation of the ESI. However, the Panel should cautiously examine it in case of abuse.
世界正面临新的安全危机--随着技术的发展，国家利益已从军事领域扩展到海洋、极地、外太空、网络，以及人工智能、大数据等新领域。而国家援引 "安全例外 "条款来免除世贸组织义务的可能性将极大。按照 WTO 专家小组的解释方法，对 ESI 进行广义解释并不存在技术障碍。然而，专家组应谨慎审查，以防滥用。
{"title":"“Essential Security Interest”: How Did WTO Interpret?","authors":"Ziyi Wang, Zihan Qin","doi":"10.22158/elp.v7n2p1","DOIUrl":"https://doi.org/10.22158/elp.v7n2p1","url":null,"abstract":"The world is facing a new security crisis—with the development of technology, national interest has been expanded from military to oceans, polar regions, outer space, and networks, as well as to new fields such as artificial intelligence and big data. And there will be a great possibility for states to invoke the “Security Exception” clause to exempt themselves from WTO obligations. Following the interpretation approach of the WTO Panel, there is no technical barrier to giving an expansive interpretation of the ESI. However, the Panel should cautiously examine it in case of abuse.","PeriodicalId":515569,"journal":{"name":"Economics, Law and Policy","volume":"135 51","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141656368","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}
This essay examines the moral permissibility and necessity of using torture on suspected terrorists, particularly in the context of the “ticking bomb” scenario. The paper is divided into two parts. Part I critiques the deontological arguments against torture, highlighting the weaknesses in the absolutist stance that prohibits torture under any circumstances. It argues that in specific situations, the rights of victims justify a self-defence response, which can be executed by authorities on their behalf. Part II explores the common law doctrine of necessity, demonstrating that under certain conditions, torture is both necessary and reasonable. The essay concludes with a proposal for “torture warrants” to legalize and regulate the use of torture in specific, extreme cases, ensuring accountability and minimizing misuse.
{"title":"The Moral Justification and Necessity of Torture in the Context of Suspected Terrorists","authors":"Wang Suyi","doi":"10.22158/elp.v7n1p223","DOIUrl":"https://doi.org/10.22158/elp.v7n1p223","url":null,"abstract":"This essay examines the moral permissibility and necessity of using torture on suspected terrorists, particularly in the context of the “ticking bomb” scenario. The paper is divided into two parts. Part I critiques the deontological arguments against torture, highlighting the weaknesses in the absolutist stance that prohibits torture under any circumstances. It argues that in specific situations, the rights of victims justify a self-defence response, which can be executed by authorities on their behalf. Part II explores the common law doctrine of necessity, demonstrating that under certain conditions, torture is both necessary and reasonable. The essay concludes with a proposal for “torture warrants” to legalize and regulate the use of torture in specific, extreme cases, ensuring accountability and minimizing misuse.","PeriodicalId":515569,"journal":{"name":"Economics, Law and Policy","volume":"36 S156","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141683326","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}
Building an effective and fair legal system is one of the ultimate goals of China’s capital market construction. To protect minority investors, changes has been made in recent years, especially rules about securities fraud. Though China constantly reform its securities regulation system, whether is it a perfect solution to transplant the regulation in US securities market remains unknown. This article is to critically examine China’s securities fraud regulation, both from the perspective of practice and theory. It is argued that the impact of these changes has the common goal and that they will make profound basis on capital market.
{"title":"The Construction of Chinese Securities Fraud Rules","authors":"Zhu Pei","doi":"10.22158/elp.v7n1p166","DOIUrl":"https://doi.org/10.22158/elp.v7n1p166","url":null,"abstract":"Building an effective and fair legal system is one of the ultimate goals of China’s capital market construction. To protect minority investors, changes has been made in recent years, especially rules about securities fraud. Though China constantly reform its securities regulation system, whether is it a perfect solution to transplant the regulation in US securities market remains unknown. This article is to critically examine China’s securities fraud regulation, both from the perspective of practice and theory. It is argued that the impact of these changes has the common goal and that they will make profound basis on capital market.","PeriodicalId":515569,"journal":{"name":"Economics, Law and Policy","volume":"48 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141347652","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}
Village regulations, as an informal institution, can only function when embedded in specific social networks. In traditional times, village regulations were endogenous, embedded in the “cultural governance network” of traditional rural society, forming an important part of the rural governance system. Since modern times, especially since the founding of the People’s Republic of China, the “cultural governance network” supported by Confucian ethics, gentry, and clans has been replaced by an “organizational integration network” supported by modern state power, administration, institutions, and modern culture. The current village regulations are constructed by modern state forces and are detached from the current rural social network, thus their role in rural governance is limited. As an important form of “three-governance” integration in grassroots governance, village regulations need to be adjusted according to rural social networks to play their expected governance functions, activate autonomy to cultivate endogenous subjects, practice moral governance to revitalize the cultural foundation, and promote rule of law to optimize the state’s presence.
{"title":"Embedded Governance Perspective on the Theoretical Development and Evolution of Minority Village Regulations","authors":"Chen Yaolu","doi":"10.22158/elp.v7n1p154","DOIUrl":"https://doi.org/10.22158/elp.v7n1p154","url":null,"abstract":"Village regulations, as an informal institution, can only function when embedded in specific social networks. In traditional times, village regulations were endogenous, embedded in the “cultural governance network” of traditional rural society, forming an important part of the rural governance system. Since modern times, especially since the founding of the People’s Republic of China, the “cultural governance network” supported by Confucian ethics, gentry, and clans has been replaced by an “organizational integration network” supported by modern state power, administration, institutions, and modern culture. The current village regulations are constructed by modern state forces and are detached from the current rural social network, thus their role in rural governance is limited. As an important form of “three-governance” integration in grassroots governance, village regulations need to be adjusted according to rural social networks to play their expected governance functions, activate autonomy to cultivate endogenous subjects, practice moral governance to revitalize the cultural foundation, and promote rule of law to optimize the state’s presence.","PeriodicalId":515569,"journal":{"name":"Economics, Law and Policy","volume":" 29","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141370989","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}
This study examines the relationship between supervisory impartiality, trust in supervisors, and employee creativity within financial enterprises. These factors significantly influence employee morale and efficiency. Our research aims to provide actionable recommendations for optimizing enterprise management through theoretical insights. We first investigate the impact of supervisory justice on employees’ trust in their superiors, finding that fair supervision enhances trust, which in turn boosts employees’ confidence and efficiency at work. Employee creativity is crucial for achieving organizational goals; fostering creativity can lead to more efficient business operations and improved management practices. A key focus of our research is the mediating role of self-efficacy, defined as an employee’s belief in their ability to successfully complete tasks. We explore how self-efficacy bridges the gap between supervisory impartiality, trust in supervisors, and employee creativity. Our findings suggest that a just work environment provided by supervisors enhances employees’ self-efficacy, resulting in greater confidence and a willingness to engage in creative work. In summary, this study explores these relationships within financial firms. By understanding these dynamics, companies can create a fair work environment, enhancing employee satisfaction and efficiency. We recommend that enterprise managers foster a just supervisory environment to boost employees’ self-efficacy and support the achievement of corporate goals.
{"title":"Supervisory Justice, Trust in Supervisors and Employee Creativity: The Mediating Role of Self-Efficacy","authors":"Xudong Deng, Yuan Zheng, Yuanshi Jin","doi":"10.22158/elp.v7n1p145","DOIUrl":"https://doi.org/10.22158/elp.v7n1p145","url":null,"abstract":"This study examines the relationship between supervisory impartiality, trust in supervisors, and employee creativity within financial enterprises. These factors significantly influence employee morale and efficiency. Our research aims to provide actionable recommendations for optimizing enterprise management through theoretical insights. We first investigate the impact of supervisory justice on employees’ trust in their superiors, finding that fair supervision enhances trust, which in turn boosts employees’ confidence and efficiency at work. Employee creativity is crucial for achieving organizational goals; fostering creativity can lead to more efficient business operations and improved management practices. A key focus of our research is the mediating role of self-efficacy, defined as an employee’s belief in their ability to successfully complete tasks. We explore how self-efficacy bridges the gap between supervisory impartiality, trust in supervisors, and employee creativity. Our findings suggest that a just work environment provided by supervisors enhances employees’ self-efficacy, resulting in greater confidence and a willingness to engage in creative work. In summary, this study explores these relationships within financial firms. By understanding these dynamics, companies can create a fair work environment, enhancing employee satisfaction and efficiency. We recommend that enterprise managers foster a just supervisory environment to boost employees’ self-efficacy and support the achievement of corporate goals.","PeriodicalId":515569,"journal":{"name":"Economics, Law and Policy","volume":"3 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141267568","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}
This paper aims to explore the legal issues surrounding the digital empowerment of social assistance rights, by examining the current practices and status of digital empowerment in the field of social assistance, and analyzing the legal challenges and solutions involved. Firstly, the paper elucidates the concepts and significance of social assistance rights and digital empowerment, then analyzes the current application of digital technologies in the field of social assistance and the current legal issues therein. Subsequently, it focuses on legal issues such as data privacy and information security, legal frameworks and regulations for safeguarding social assistance rights, legal responsibilities, and regulatory mechanisms, proposing corresponding legal safeguards and strategies. Finally, it summarizes the achievements and challenges of digitally empowering social assistance rights and provides prospects for future development.
{"title":"Digital Empowerment of Social Assistance Rights: Legal Issues and Reflections","authors":"Yunlong Zhu","doi":"10.22158/elp.v7n1p136","DOIUrl":"https://doi.org/10.22158/elp.v7n1p136","url":null,"abstract":"This paper aims to explore the legal issues surrounding the digital empowerment of social assistance rights, by examining the current practices and status of digital empowerment in the field of social assistance, and analyzing the legal challenges and solutions involved. Firstly, the paper elucidates the concepts and significance of social assistance rights and digital empowerment, then analyzes the current application of digital technologies in the field of social assistance and the current legal issues therein. Subsequently, it focuses on legal issues such as data privacy and information security, legal frameworks and regulations for safeguarding social assistance rights, legal responsibilities, and regulatory mechanisms, proposing corresponding legal safeguards and strategies. Finally, it summarizes the achievements and challenges of digitally empowering social assistance rights and provides prospects for future development.","PeriodicalId":515569,"journal":{"name":"Economics, Law and Policy","volume":"27 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141272052","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}
Unilateral activities conducted in a disputed maritime area pending maritime delimitation are considered to be a violation of the pre-delimitation obligations imposed by Article 74/83(3) of the 1982 United Nations Convention on the Law of the Sea, which may trigger State responsibility. The obligations contained are negotiation in good faith and self-restraint. However, this is not a prohibition of all activities in disputed maritime areas. Through a study of the relevant case law of the international courts and tribunals, this article finds leniency towards unilateral activities in disputed maritime areas, i.e., some exceptions are permitted. In the South China Sea, reaching a final delimitation agreement can be a difficult and long-term task due to competing interests and the numerous countries involved. Facing unilateral activities undertaken in such an area, the appropriate and meaningful responses are significant to safeguard maritime rights and interests.
{"title":"Unilateral Activities in Disputed Maritime Areas and Meaningful Responses","authors":"Xiangjin Luo","doi":"10.22158/elp.v7n1p42","DOIUrl":"https://doi.org/10.22158/elp.v7n1p42","url":null,"abstract":"Unilateral activities conducted in a disputed maritime area pending maritime delimitation are considered to be a violation of the pre-delimitation obligations imposed by Article 74/83(3) of the 1982 United Nations Convention on the Law of the Sea, which may trigger State responsibility. The obligations contained are negotiation in good faith and self-restraint. However, this is not a prohibition of all activities in disputed maritime areas. Through a study of the relevant case law of the international courts and tribunals, this article finds leniency towards unilateral activities in disputed maritime areas, i.e., some exceptions are permitted. In the South China Sea, reaching a final delimitation agreement can be a difficult and long-term task due to competing interests and the numerous countries involved. Facing unilateral activities undertaken in such an area, the appropriate and meaningful responses are significant to safeguard maritime rights and interests.","PeriodicalId":515569,"journal":{"name":"Economics, Law and Policy","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140962013","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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