International peace and security are the cornerstone of all development, and the principle of pro-hibiting the use of force is a fundamental principle in international law. The first chapter discusses the principle of prohibiting the use of force in a comprehensive and detailed
{"title":"On the Principle of the Prohibition of the Use of Force and Its Exceptions","authors":"易彪 周","doi":"10.12677/ds.2023.96350","DOIUrl":"https://doi.org/10.12677/ds.2023.96350","url":null,"abstract":"International peace and security are the cornerstone of all development, and the principle of pro-hibiting the use of force is a fundamental principle in international law. The first chapter discusses the principle of prohibiting the use of force in a comprehensive and detailed","PeriodicalId":71346,"journal":{"name":"争议解决","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135318939","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 rapid development of digital currencies in recent years has brought about innovative changes, but also risks in terms of data and finance. Digital currency meets the needs of today’s digital economy and is a trend for future development
{"title":"Risks and Governance of Cryptographic Digital Currency","authors":"芷 屈","doi":"10.12677/ds.2023.96381","DOIUrl":"https://doi.org/10.12677/ds.2023.96381","url":null,"abstract":"The rapid development of digital currencies in recent years has brought about innovative changes, but also risks in terms of data and finance. Digital currency meets the needs of today’s digital economy and is a trend for future development","PeriodicalId":71346,"journal":{"name":"争议解决","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135507655","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}
With the rapid development of China’s socialist market economy
{"title":"Research on the Issue of Non-Competition Agreement","authors":"颖 魏","doi":"10.12677/ds.2023.96393","DOIUrl":"https://doi.org/10.12677/ds.2023.96393","url":null,"abstract":"With the rapid development of China’s socialist market economy","PeriodicalId":71346,"journal":{"name":"争议解决","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135609132","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 right holder used the “notify-delete” rule to send a wrong notification, causing the platform to take measures such as “deleting”, “taking down” and “restricting” the right of the notified person's product link and “restriction of rights”, causing losses to the notified person. The loss includes not only the direct property suffered by the notified person due to the downgrading of the link, but also the indirect loss of the store’s expected income, reputation, evaluation, etc. after the link was downgraded. Therefore, after clarifying the identification criteria and harms of wrongful notification, the contents, exclusion factors, calculation order and calculation methods that should be included in wrongful notification damages can be explored from multiple perspectives, such as di-夏慎信
{"title":"Study on the Liability of Right Holders for Damages for Wrongful Notification","authors":"慎信 夏","doi":"10.12677/ds.2023.96395","DOIUrl":"https://doi.org/10.12677/ds.2023.96395","url":null,"abstract":"The right holder used the “notify-delete” rule to send a wrong notification, causing the platform to take measures such as “deleting”, “taking down” and “restricting” the right of the notified person's product link and “restriction of rights”, causing losses to the notified person. The loss includes not only the direct property suffered by the notified person due to the downgrading of the link, but also the indirect loss of the store’s expected income, reputation, evaluation, etc. after the link was downgraded. Therefore, after clarifying the identification criteria and harms of wrongful notification, the contents, exclusion factors, calculation order and calculation methods that should be included in wrongful notification damages can be explored from multiple perspectives, such as di-夏慎信","PeriodicalId":71346,"journal":{"name":"争议解决","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135610666","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 field of environmental justice, restorative justice is often referred to as “ecological restorative justice” or “restorative justice”. A high-quality ecological environment is the cornerstone of economic development, and the limitations of traditional penalties, the requirements of protecting the legal interests of ecological and environmental crimes and the special characteristics of environmental crimes determine the importance of a restorative justice system in environmental protection. In recent years, China has been actively exploring the application of restorative justice system in environmental crimes, but in practice, it has revealed problems such as insufficient legal basis, imperfect supervision mechanism, and irregular judicial application. For this reason, it is
{"title":"Study on the Use of Restorative Justice in Ecological and Environmental Crimes","authors":"今 刘","doi":"10.12677/ds.2023.96394","DOIUrl":"https://doi.org/10.12677/ds.2023.96394","url":null,"abstract":"In the field of environmental justice, restorative justice is often referred to as “ecological restorative justice” or “restorative justice”. A high-quality ecological environment is the cornerstone of economic development, and the limitations of traditional penalties, the requirements of protecting the legal interests of ecological and environmental crimes and the special characteristics of environmental crimes determine the importance of a restorative justice system in environmental protection. In recent years, China has been actively exploring the application of restorative justice system in environmental crimes, but in practice, it has revealed problems such as insufficient legal basis, imperfect supervision mechanism, and irregular judicial application. For this reason, it is","PeriodicalId":71346,"journal":{"name":"争议解决","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135610688","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}
of compensation for necessary expenses. There should be a clear distinction between the manag-er’s right to remuneration and compensation for moral damages, etc., and the scope of reimbursement to beneficiaries.
{"title":"Study on the Scope of Reimbursement to Beneficiaries","authors":"莹 刘","doi":"10.12677/ds.2023.96402","DOIUrl":"https://doi.org/10.12677/ds.2023.96402","url":null,"abstract":"of compensation for necessary expenses. There should be a clear distinction between the manag-er’s right to remuneration and compensation for moral damages, etc., and the scope of reimbursement to beneficiaries.","PeriodicalId":71346,"journal":{"name":"争议解决","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135660317","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}
{"title":"Research on Inequality in the Application of “Notice-Delete Rule”","authors":"晓萱 靳","doi":"10.12677/ds.2023.95332","DOIUrl":"https://doi.org/10.12677/ds.2023.95332","url":null,"abstract":"","PeriodicalId":71346,"journal":{"name":"争议解决","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135550911","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}
{"title":"The Study of Electronic Data Forensics Issues in the Crime of Assisting in the Commission of Fraudulent Activities through Electronic Means","authors":"浩天 邱","doi":"10.12677/ds.2023.95340","DOIUrl":"https://doi.org/10.12677/ds.2023.95340","url":null,"abstract":"","PeriodicalId":71346,"journal":{"name":"争议解决","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135556162","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 issue of jurisdiction for judicial review of arbitration in bankruptcy proceedings should ab-andon “all or nothing” thinking. The purpose of different subjects applying for the setting aside or non-enforcement of arbitral awards in bankruptcy proceedings should be contemplated after a typology of the elements affecting jurisdiction analysed in the light of the different concepts of the Enterprise Insolvency Law and the Arbitration Law. Mitigating the conflict between the jurisdic-程操
{"title":"Study on Jurisdiction in Cases of Judicial Review of Arbitration in Bankruptcy Proceedings","authors":"操 程","doi":"10.12677/ds.2023.96387","DOIUrl":"https://doi.org/10.12677/ds.2023.96387","url":null,"abstract":"The issue of jurisdiction for judicial review of arbitration in bankruptcy proceedings should ab-andon “all or nothing” thinking. The purpose of different subjects applying for the setting aside or non-enforcement of arbitral awards in bankruptcy proceedings should be contemplated after a typology of the elements affecting jurisdiction analysed in the light of the different concepts of the Enterprise Insolvency Law and the Arbitration Law. Mitigating the conflict between the jurisdic-程操","PeriodicalId":71346,"journal":{"name":"争议解决","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135561056","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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