Compulsory Laws Research Articles

Содействие лиц органам, осуществляющим оперативно-розыскную деятельность, как проявление социальных девиаций

Introduction. Crime, as a single personal behavioral act, and criminality, as a socio-legal phenomenon, are social deviations of individuals and groups. The state is forced to use a compulsory law enforcement apparatus to deter crime and level out its negative socio-economic consequences. In the system of the state compulsory apparatus for combating crime, the tacit assistance of persons to bodies carrying out operational investigative activities is a special, most effective and rational functional and legal instrument. Based on previous research, the author notes the unwillingness of both lawabiding citizens and representatives of the criminal environment to assist operational units. However, the determinants underlying this unwillingness are different. The author puts forward for further scientific research and discussion the hypothesis that the tacit assistance of persons to bodies carrying out operational investigative activities is the result of social deviations in the social groups under consideration. In the author’s opinion, the study of the causes and forms of these deviations from certain social norms characteristic of both (law-abiding and criminal) groups can optimize the process of involving individuals in the unofficial assistance and the fight against crime.
 Methods and methodology. The study used general scientific dialectical, comparative legal, formal logical methods and the method of content analysis. This made it possible to identify signs and forms of manifestation of deviations among persons assisting law enforcement agencies.
 Results. Based on the results of the own research and previous scientific research by other legal experts, the author comes to the conclusion that at present, the assistance of law-abiding and upstanding citizens and representatives of the criminal environment is largely determined by the deviations perceived among social groups in question. Among law-abiding citizens, deviation is expressed in a persistent unwillingness to assist law enforcement agencies in general and operational units in particular, in the presence of compassion for the direct victims of these crimes. Deviations of representatives of the criminal environment are expressed in a situational readiness to neglect corporate (subcultural) moral standards of behavior – “criminal concepts” - and provide unofficial assistance in order to achieve their own mercenary goals.

Media Programmes on Domestic Violence against Men (DVAM) in Owerri Metropolis: A KAP Analysis

Background: DVAM can pose a great threat to the development of the victim, society, and the nation. This necessitated the investigation of the knowledge, attitude, and practice of men in Owerri metropolis towards media programmes on DVAM. This study hinged on agenda setting and social learning theories.
 Methods: The survey research design was used as the research method, and a sample size of 384 was derived using the Australian sample size online calculator from the projected population of 275,340. Multi-stage, simple random, and purposive sampling techniques were adopted to reach out to respondents. Questionnaire was used as the instrument for data collection. Descriptive statistics were used to analyse the data.
 Results: The paper revealed that the level of exposure of men in Owerri metropolis to media programmes on DVAM is low at 33.9%, with a high knowledge level on DVAM at an average mean of 3.3 (N=375). The study also revealed that the respondents perceive DVAM as a menace that results in a reduction of a man’s self-confidence and self-esteem and leads to disharmony, distrust, and untimely death at an average mean of 3.5 (N = 375). It was further revealed that media programmes on DVAM have induced attitudinal change in the respondents at an average mean of 2.9 (N =375).
 Conclusion: The researchers concluded that domestic violence victims go through emotional and psychological traumas with little attention given to them in the media. The propagation and promotion of well-designed and content-rich media programmes on DVAM and/or gender-based violence by every media organisation as a compulsory law from the National Broadcasting Commission was recommended.

국민건강보험법상 임의비급여 진료비 부당이득반환채권에 대한 보험회사의 채권자대위 가능성

If a medical institution's medical practice to a patient is not listed on the benefit coverage or statutory non benefit coverage under the National Health Insurance Act, the medical practice is a arbitrary non-benefit coverage that has not been approved for safety and effectiveness. In principle, it cannot perform the medical practice on the patient and of course cannot receive medical expenses. These arbitrary non-benefits coverage are not covered by private medical expense insurance. The court's basic position on arbitrary non-benefit coverage treatment and receipt of medical expenses is said to be invalid as a violation of compulsory laws unless there are special circumstances. The Supreme Court interprets that the receipt of medical expenses is valid if several conditions are met even for arbitrary non-benefit coverage medical treatment. It is difficult to say that there was sincere consent from the patient in the target judgment in this paper, and it is difficult to find the inevitability or urgency of implementing arbitrary non-benefit coverage medical practices without implementing other medical practices listed on the benefit coverage or statutory non-benefit coverage list. Therefore, the conditions proposed by the Supreme Court were not met, and the arbitrary non-benefit coverage treatment act is interpreted as illegal. The patient will have a claim to return unfair gains from the medical institution, and if the patient receives insurance money equivalent to medical expenses from the private medical expense insurance company, the insurance company will have the right to claim the return of unfair gains from the patient. At this time, there is a question of whether an insurance company can exercise the unjust enrichment claim of medical expenses that the patient has against the medical institution to satisfy his/her claim. The Supreme Court recently determined that it was impossible for insurers to exercise their subrogation rights to medical institution. As a basis, it is cited that the debtor is insolvent and that the insurance company can individually exercise the right to claim the return of insurance money against the insured(patient). However, the debtor's incapacity requirement is not necessarily required at a time when the purpose of exercising the creditor's subrogation right is changing from the preservation function of the responsible property to a means of realizing the creditor's rights. In addition, it is clear that insurance companies cannot freely file a lawsuit against their customers for the return of insurance money due to regulations by financial regulators. Insurance companies that fail to recover insurance money even after paying insurance money for arbitrary non-benefit coverage will suffer disadvantages such as a rise in the loss rate, which will eventually lead to an increase in insurance premiums. It is unfair to allow medical institutions that have performed arbitrary non-benefit coverage treatment activities that are not allowed to keep medical expenses as they are. Under these circumstances, subrogation right of creditors should be allowed to insurance companies.

Study on the Critical Factors Influencing High-Quality Development of Green Buildings for Carbon Peaking and Carbon Neutrality Goals of China

Green buildings are an important initiative to address energy and environmental issues in the construction field. The high-quality development of green buildings is affected by many factors, and it is necessary to identify the critical factors affecting the high-quality development of green buildings and analyze them systematically. The adopted literature analysis method and expert consultation method, the DIM (DEMATEL-ISM-MICMAC) model was established to explore critical factors influencing green buildings’ high-quality development and their internal hierarchical structure, interrelationships, and mechanisms. Then, targeted suggestions were put forward to promote green buildings’ high-quality development. The results showed that: (1) The critical factors influencing green buildings’ high-quality development could be divided into five levels, three groups, and four areas. The economic development level, living standard of residents, education level, incentive policies, and compulsory laws and regulations were in the deep factor group, fundamentally affecting green buildings’ high-quality development. (2) In terms of drive and centrality, the economic development level, living standard of residents, education level, and incentive policies were at the forefront, playing a vital role in the high-quality development of green buildings.

과세예고통지가 누락된 소득금액변동통지의 효력에 관한 연구

The pre-deliberation review system was introduced through the revision of the National Tax Basic Law on August 31, 1999. It is a procedure designed to improve the effectiveness of taxpayers' rights relief by notifying taxpayers in advance of taxation. Currently, the system is undergoing an increasing revitalization process, which is partly an active remedy for rights, but some point out that it is either an abuse of tax investigation or a lack of thoroughness. In this regard, according to established Supreme Court precedents, if a taxpayer is not given the opportunity to examine pre-tax eligibility before the imposition, the imposition violates the taxpayer's procedural rights and is invalid because the procedural defects are serious and obvious. This is in line with recent judicial precedents emphasizing procedural legality of tax imposition. However, the Supreme Court's ruling (2020Du52689), which violates the purpose of such judicial precedents, is causing confusion for taxpayers. This case is a case in which the tax authorities should have given tax notices to corporations withholding tax before giving notice of changes in income, but failed to give the corporations withholding tax an opportunity to examine their pre-tax eligibility. In conclusion, the Supreme Court ruled that the notice of change in income amount was not subject to tax notice. The ruling is worth a considerable amount because it includes issues related to the principle of strict interpretation and the relationship between purposeful interpretation as a way of interpreting tax laws, including the principle of legal procedures under the Constitution. In particular, the discussion of literally interpretation and teleological interpretations and their limitations in the interpretation of tax laws and regulations has been dealt with quite meaningfully in Japan, and is continuously discussed in the Supreme Court's. Since the tax law is a compulsory law and an infringement code, a faithful interpretation of the law is the best way to interpret it in accorded with the principle of strict interpretation. However, if multiple interpretations remain as a result of the interpretation, it is necessary to uniquely determine the meaning and contents of the tax law by taking into account the purpose and purpose of the tax law, the value of the tax legislator. Given that tax legalism is the manifestation of democratic principles in the field of tax law, legitimacy under tax legalism is the value judgment of the tax legislator above all else, and those who interpret it should be respected as much as possible. It is necessary to reconsider the legislator's intentions on the pre-deliberation review system and the advance notice of taxation. In the end, what we need to focus on now is what kind of law application in specific cases is theoretically acceptable through expansion and inference interpretation. Comparative legal considerations can be one way to deal with this. The role of the theory is to present the legislative theory, but also to provide a more rational perspective to the trial practice through interpretive theory. From this point of view, I believe that discussions on how to interpret tax laws should be made more active.

PERSEPSI PELAJAR BUKAN UNDANG-UNDANG UITM TERHADAP PEMBELAJARAN JARAK JAUH DAN TERBUKA (ODL) BAGI SUBJEK UNDANG-UNDANG KOMERSIAL

Introduction to Commercial Law, LAW 240 is a compulsory law subject that must be taken by students from the Faculty of Accountancy at UiTM Perak Branch, Tapah Campus with the aim of exposing students to the basic concepts of law and overview of commercial law in Malaysia. Online Distance Learning (ODL) was implemented starting from the semester of March 2020 until October 2021 due to the Covid-19 pandemic. This change in the mode of delivery of lecture has been going on for four semesters. Therefore, whether the ODL will be continued for the semester March 2022 vice versa is depending on the Covid-19 pandemic graph and the Malaysian Ministry of Higher Education. The objective of this study is to clarify and discuss the perceptions of non-law students from the Faculty of Accountancy UiTM Perak Branch, Tapah Campus on ODL for the subject of Commercial Law. This study employs qualitative methods through library and descriptive research. Data were obtained through Google Forms because students use digital platforms for ODL due to the current situation of the pandemic. The findings of this study show that ODL doesn’t burden non-law students as than before at the beginning of their online learning.

Role of Water Policies in the Adoption of Smart Water Metering and the Future Market

Both status and progress in smart water metering (SWM) implementations in five selected countries (i.e., United States of America, United Kingdom, Australia, Israel, and South Korea) are investigated in this study. Despite the countless benefits of SWM implementation, the diffusion of the SWM technologies has been slow due to various challenges, including the absence of compulsory water policies, the lack of support from customers and expertise, and weak cost–benefit analysis. Over the past 30 years, the aforementioned countries have transitioned from a fixed charging to a volumetric charging regime composed of traditional water meters and SWM. Both the status and progress of SWM implementation are quite different among countries, although governments across the world have been applying water policies responding to water scarcity, population growth, and water demand management. However, the absence of strong water policies and political support for SWM implementation resulted in the slow and retarded spread of SWM implementation. Although several changes in water policies have occurred since 1990, there is no compulsory law for SWM implementation. Between 1995 and 2010, pilot/trial cases for SWM were dominant. After 2010, the number of SWM implementation kept increasing and all countries experienced more concentrated SWM implementation, despite the variances in both endpoints and completion of SWM implementation depending on water policies (i.e., acts and regulations) encouraging SWM implementations. The global market for SWM has consistently grown to USD 5.92 billion in 2020. Finally, the application of favourable water policies to optimize the use of water resources and to promote sustainable development is expected to drive the SWM market further.

Analysis on the Problems of Agent Performance in Administrative Law

With the rapid development of modern social politics and economy, agent performance has been a need of the People’s Republic of China’s administrative law enforcement and the public. Its form is relatively mild, and it is the product formed in the field of modern administrative law enforcement. The contemporary agent performance system has been playing an important role in environmental protection and traffic safety, which can save administrative costs to a certain extent, improve the efficiency of law enforcement, as well as effectively protect the legitimate rights and interests of the obligee. In spite of this, agent performance in China’s administrative law has gained a lot of space for development, but there are many aspects that still need continuous development and improvement such as the subject, procedure, and cost of agent performance. This article focuses on the issue of agent performance as well as analyzes the subject, procedure, and cost of agent performance in administrative law of the People’s Republic of China in aiming to promote the development of agent performance in administrative compulsory law of the People’s Republic of China.

Knowledge, Attitude about Thalassemia and Sickle Cell Disease premarital screening among Saudi adults in Eastern Region, Saudi Arabia

Background: Hereditary diseases are caused by an abnormality in an individual’s DNA, which include thalassemia and sickle cell anemia (SCD). Premarital screening is defined as testing couples who are planning to get married for common hereditary blood disorders and some infectious diseases to prevent any risk of transmitting these diseases to their spouse and children. To assess knowledge and attitude about inherited diseases (Thalassemia and SCD) in premarital screening Methods: This is a cross-sectional study that was conducted in the Eastern Region of Saudi Arabia at different popular malls during the month of August 2019. A convenient sample of 675 was selected randomly recruited. The questionnaire included demographic data, diseases tested in premarital screening (PMS) knowledge and attitude towards PMS. Results: The vast majority of participants, 645 (95.6%) thought that carrying out premarital screening is important, 651 (96.4%%) agreed to carry premarital screening, 551(81.6%) participants had knowledge about the compulsory law to do PMS. Almost half of the participants agreed to take PMS for their partner’s safety, furthermore, (22.2%) agreed to do PMS to prevent transmission of hereditary diseases. Approximately half of the participants would discontinue the engagement if there is a possibility of having affected children, while 21% would base their decision on the probability of getting affected children and 14.2 % would go ahead and get married. Regarding gender attitude towards possibility of having affected children; majority of females (55.7%) and males (44.3%) would not continue marriage. Conclusion: There is very good knowledge about PMS, it is important to carry PMS, there is a need to increase awareness about SCD and Thalassemia to raise the number who will cancel marriage if any of these diseases are positive during PMS with the possibility of transmission to offspring.

To helmet or not to helmet: a global perspective on the bicycle compulsory protective helmet law.

Objective Child injury from bike accidents is a significant component of morbidity, mortality, and health expenditure in many countries. Universal use of helmets by children could prevent between 135 and 155 deaths, and between 39,000 and 45,000 head injuries annually. Surprisingly, epidemiologic data indicate a worldwide low prevalence of use. A global view on the law on the use of safety helmets involving 58 different is provided in order bring this critical debate back the table. Methods A broad search using bicycle-related bicycle helmet, bicycle legislation and compulsory law by countries was performed in order identify and select the most pertinent information on the issue as well as all the information available on law by countries. Results The papers identified permitted us assess the main topics related the use of helmets discussed over the years and that still relevant and without consensus even today, as well as alphabetically enlist the approach of 58 the law. Conclusions Our review on the many faces of the use (pros and cons), personal aspects, head injuries, legislation, promotion, socioeconomic influence, and finally a global view on the law on the use of safety helmets allowed us bring here many suggestions and a few conclusions, mainly that to or not helmet should not be a question anymore. A universal consensus on their use has be achieved in order improve children's safety.

Landholders’ Awareness of Compulsory Acquisition of Land and Compensation Process in Bauchi, Nigeria

This study aims to assess landholder’s awareness of compulsory acquisition of land on their satisfaction with the compensation process in Bauchi, Nigeria, to identify areas of weakness in the process and propose areas of improvement. The study adopted the use of a quantitative approach and data were collected through a questionnaire survey from 327 landholders affected by the compulsory acquisition and compensation exercise by the Bauchi State Government. The data collected were subjected to descriptive with mean ranking, frequency distribution. The study revealed that the respondents are aware of the process before the compulsory acquisition and during the process of compulsory acquisition they were also aware of. This means that the respondents agreed that they were aware of the process/procedures involved in compulsory land acquisition, laws, and procedures guiding compulsory land acquisition and compensation process. It recommended that Landholders should be made more aware of the process involved in compulsory acquisition and compensation not only at inception but up to the end of the exercise.

THE TRUST PROPERTY LAW AS A WAY TO ENSURE FULFILLMENT OF OBLIGATIONS IN THE CIVIL LAW OF UKRAINE

The introduction of the legal design of trust property as a way of ensuring the fulfi llment of the obligation in the civil law of Ukraine was carried out to fulfi ll the obligations assumed by Ukraine under the Association Agreement between Ukraine, on the one hand, and the European Union, the European Commonwealth for Atomic Energy and their member States, on the other, in particular – the Implementation of the Directive 2002/47/ЕU of the European Parliament and the Council of the European Union, which defi nes fi nancial security arrangements that are based on the full transfer of ownership of fi nancial security.Taking into account the European integration aspirations of Ukraine, the consolidation in Chapter 49 of the Civil Code of Ukraine, which has the name «Enforcement of the Obligation» of such a method of enforcement of the obligation as the trust property law is certainly an important event. However, in terms of civil law theory in general and compulsory law in particular, the feasibility of such an institution raises some doubts, and the fact of the institution raises questions, the answers to which are being sought within the framework of the study. The purpose of the article is to defi ne the characteristics of the trust property law as one of the ways to ensure compliance with the obligation in the Civil Law of Ukraine.In order to achieve this goal, the authors analyze the legal design of trust property from the point of view of the public teaching on real and binding rights, study the specifi cs of legal relations that arise in the case of the conclusion of a contract on the establishment of trust property (in accordance with the requirements of § 8 of Chapter 49 of the Civil Code of Ukraine), and identify problematic aspects of the legal regulation of the relevant social relations.In the article it is proved the conclusion that individual pricing of sale of an object of confi dential property will not be coordinated with the provisions of the Law of Ukraine «On the Assessment of Property, Property Rights and Professional Estimated Activity in Ukraine» (regarding instructions of rather obligatory evaluating property). It is also noted that the implementation of the provisions of article 5978 of the Civil Code of Ukraine may lead to violation of the debtor’s rights in terms of non-conformity with the sale price of the actual value of the asset, as the creditor is interested in selling the asset more quickly at a price that is equal to the debt, because everything that is above that, it will have to return the debtor.In addition, the article deals with issues related to the mechanism of enforcement by the trustee of the claim on the object of trust. In particular, the content of article 5978 of the Civil Code of Ukraine is analyzed, according to which condition of acquisition by the debtor of the right of overwhelming purchase of the object of trust is payment of a monetary amount to the deposit account of the notary. The establishment of such a rule in the Civil Code of Ukraine causes an unequal position of the debtor with respect to any other buyers who can acquire property and choose any other method of calculation than the deposit amount in the deposit account of the notary.The situation is complicated by the fact that the debtor is granted only 5 days (from the date of receipt of the message on sale of the object of trust) to pay the amount to the deposit account of the notary.

Of Ravens and Romanticism

Abstract Adaptation is the core concept around which my article revolves, as it explores the unusual implementation of Edgar Allan Poe, “master of the macabre,” in the American classroom despite, and at times even by reason of, his grim artistry and legacy. In the wake of exposition on the origins of the modern concept of the “juvenile” as well as the history of American compulsory educational laws, this article tracks the dissemination of Poe’s works in mid to late nineteenth-century adolescent textbooks and identifies the three main reasons why academic publishers initially adapted his poetry and prose for adolescents: for the general practice of reading, the art of elocution and speech delivery, and entertainment value.

Af’al Rasul dan Implikasinya Terhadap Hukum Fikih

Majority of muslims believed that all the speech and deeds of prophet Muhammad (Peace be upon him) is a revelation. Because Muhammad occupies the position as an apostle who serves as a transmitter of Islamic teaching. Then indirectly, none of the words or deeds are done without the identity of revelation and supervision of Allah. However, it doesn’t mean that Muhammad is separated from Humanity side as human being. Muhammad remained as an ordinary human who also possessed life and spiritual needs as human being. But there are some muslims who have not fully understood about the action of Muhammad, not a few who still assume that any actions done by Muhammad contain legal consequences that binded or otherwise. From that perspective there needs to be an deeper review of the activities of Muhammad deeds. Such in reviews have been conducted by Ushuliyyun, ultimately found among some of Muhammads action born of his spontaneity, initiative or humanitarian attitude and as well as acts that are peculiar to him alone. In the end, it will have implications on different contens and levels of laws. From what indicates to the compulsory law, sunnah, or just to show permissibility only.

In the interest of the public good: Texas pre-kindergarten compulsory law

In Texas, public-funded pre-kindergarten is important because it provides the most vulnerable children with the opportunity to develop school readiness, so they can learn core competencies in kindergarten relevant to academic readiness for first grade. The Texas Legislature was back in session in spring 2019 and, not surprisingly, a bill was filed requiring all Texas school districts to offer free all-day preschool programs for students meeting certain criteria—in the interest of the public good. In this colloquium, the author seeks to bring attention to the problem of pre-kindergarten attendance—an issue that the Legislature needs to address before funding the expansion of pre-kindergarten from half-day to full-day programs. In so doing, the author’s intention is to inspire discourse among the early childhood global community of educators, researchers, and policymakers regarding pre-kindergarten compulsory policy and practice, and thereby inform current thinking and guide further study on this important issue.

As easy as riding a bike? How mandatory bicycle helmet laws may harm those who can least afford it

This work takes compulsory helmet laws in Victoria and considers them from a new angle – namely that of someone living with a disability. While much has been written on mandatory helmet laws in terms of their broader societal implications, little has been done on their impact on society’s most vulnerable such as the disabled, the impecunious and the mentally impaired. Drawing on the author’s time at the Melbourne Magistrates’ Court as a framework, this article analyses the existing state of the law and provides a critique of its shortcomings – prosecuting the argument that existing legislation can have an unexpected impact upon the marginalised in our community, particularly those with a cognitive impairment.

The Right to Property and Compulsory Land Acquisition in Ghana: A Human Rights Perspective

Using a human rights-based approach and Ghana as a case study, this article examines the scope and content of the right to property in relation to compulsory land acquisition under international law. It argues that while the exact frontiers of the right to property remain quite uncharted at the global level the vacuum has been filled by the regional human rights systems and soft law. In the context of Ghana, the Constitutional protection of the right to property and quite elaborate rules to be followed during compulsory acquisition have not translated into revision of the compulsory acquisition laws, which remain largely incoherent and inconsistent with the requirements of the Constitution and international human rights law.

Mandatory CSR – Can It Help Indian Firms?

Industry and Business play a crucial role in the social and economic development of a nation. It is a creative entrepreneurial process that provides livelihoods for the majority of the world’s people. It has been instrumental in bringing about sustainable development. CSR is an increasingly important part of the business environment and constitutes a complex aspect of the relationship between business and society. It is not just about building schools or providing scholarships, but about doing business that companies do not regard as being an obligation ensuring sustainability of business. It is an extension of efforts to foster strong corporate governance. It is a multi dimensional concept evolved over the years from Corporate Philanthropy to Stakeholder management and Sustainable development. CSR brings positive change inside businesses. It sets the framework and defines the manner in which a business must operate to be able to meet the ethical, legal, commercial and public expectations that a society has of any company. Corporations are now involved in all aspects of public and private life and Corporate Social Responsibility (CSR) has been propelled into the limelight in recent years due to increasing influence and power of corporations. CSR extends beyond the interests of shareholders to the interests and needs of diverse stakeholders. It includes environmental, social, and governance issues’. Law is the codification of basic human values. The goal of CSR is to implement these values in corporations, thus CSR develops and functions in a legal framework that is feasible and has the support of all the stakeholders concerned. Codification helps in defining the purpose and gives clarity. Further it ensures consistency and credibility. There need to be laws, of course, and regulations to force compliance. Compulsory laws and regulations tend to be rigid for controlling self-interest. The very nature of right and power, obligation and responsibility implies that social obligation is inherent in almost every legal right, legal power or actual power. Thus best model for CSR is voluntary compliance with sensible social codes. Social responsibility needs to take care of the changes and hence companies need to have choice. CSR require long-term perspective to have any major beneficial impact in society. The perception of the public concerning business is important. Governments need to take the initiative of bringing all the segments in society to discuss CSR to ensure minimum legal standards as well. CSR could exist at three levels: Compliance in letter of the law; Observing norms of common morality, like ethics and fair play, in its internal management and dealings; and A social trusteeship mindset in deploying its resources for sustainable development. The main focus of CSR should continue to be a voluntary one while the role of Government needs to be that of a facilitator. They may set the appropriate policy framework with the right mix of tools including fiscal and regulatory measures where appropriate to boost socially and environmentally responsible performance. Regulations need to be well designed and focused if it is the right solution. But CSR should continue to take compliance with legal requirements as the base and go beyond that in the interests of business and the rest of society. Above and beyond this understanding, business firms should move toward a spirit of trust at all times but more in matters that are integral to the existence of the firm such as data privacy. Finally it is also essential to have proper measurement systems to track, control and implement CSR initiatives that are both sustainable as well as beneficial to all stakeholders. This is the first part of the research on the legal aspects of CSR in India before it became mandatory in 2013. The second part will discuss the post 2013 scenario of mandatory CSR.

Using Concept Maps in Law Schools to Foster Meaningful Learning: Evidence from a Pilot Study

Despite its many applications in various higher education settings, concept mapping is not used for teaching predominantly theoretical subjects like Law. Given the peculiarities of learning legal subjects, this article discusses the benefits of using concept maps as a core component of an undergraduate curriculum in Law. Specifically, it presents evidence from a pilot study aimed at assessing the impact of concept mapping as a tool for enhancing deep learning on students enrolled on the compulsory Constitutional and Administrative Law module. An argument is made that utilising concept maps as an integral part of small group teaching activities may be effective in helping students shift the balance from predominantly rote learning to predominantly meaningful learning.

Reflection and Improvement on the Injunctive Relief Legislation of Standard Essential Patents

Since standard essential patent（ SEP”）is a special result of mutual combination of patent and standard, and both the connotation and enforcement of SEP are significantly different from that of general patents. Injunction is an essential remedy enjoyed by patentees to assert their own legal interests through the patent law. Nevertheless, when it comes to SEP, the traditional principle that injunction must be issued” might lead to patent hold-up”, breach FRAND commitment, or even endanger public interests. So it is necessary to limit injunction of relief SEP patentees rationally. Till now, in order to solve the international problem of injunction abuse by SEP holders, Chinese legislators have promulgated restrictive rules of injunction relief in relation to SEP. However, when reflecting on these laws and regulations, we could find that the newly-established system still comes with some flaws: firstly, current rules are only applicable to some standards, and some rules concerning the same content differ from each other significantly; secondly, the expression of relevant rules is vague and there might be contradiction between some provisions; thirdly, some provisions provide over-protection for rights and interests of SEP users, while public interests are ignored. It is no doubt that, acting as the direct legal basis of injunction issuance, the flaws mentioned above would seriously damage the enforcement effect of this system, which is against original intention of the legislators. It is in urgent need of modifying and improving the current rules so as to provide guidance for relevant parties to stick to FRAND commitment, to negotiate in accordance with principle of honesty and credibility and prevent patentees or users from seeking unjust benefits through making use of injunction relief, so as to unit good law” and well governance”. To be more specific, firstly, two pre-conditions shall be made clear from macro perspective, namely roles played by patent law and anti-monopoly law respectively should be clarified: the former is responsible for the adjustment to seeking injunction relief behavior which is inconsistent with the purpose of injunctive relief system, and aims at the balance of interests between SEP patentees and users, while it focuses on social public interests too; in order to maintain fair competition in the market, the latter is required to regulate abuse injunction relief right to eliminate or restrict competition. Secondly, as patent implied license make it hard for the patentees to obtain incentive rewards, it is necessary to avoid this practice. Finally, requirements for SEP patentees and users to obtain injunction and resist injunction shall be listed respectively. The obligation of FRAND license shall originate from relevant statement made by the patentees instead of compulsory laws or regulations. Last but not least, it shall make involved type of standard as reference for whether issuance of an injunction would bring any effect to public interests and how serious the effect would be.