Legitimate Rights Research Articles

Exemption from Criminal Liability and Punishment in Connection with Entry into Military Service: Consequences for Victims of Crime

The relevance of the study is due to the fact that human resources are involved in the resolution of international conflicts . In the Russian Federation, persons suspected, accused and convicted of committing crimes are sent to military service to participate in hostilities . This process is legitimized by the norms of federal legislation . On June twenty-fourth, 2023, the Federal Law No . 270-FZ “On the Specifics of Criminal Liability of Persons involved in a special military operation” was adopted . Federal Law No . 64-FZ has recently entered into force “On Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation”, adopted by the State Duma on March 19, 2024 to regulate in these codes the specifics of the exemption from criminal liability of persons called up for military service on mobilization or in wartime .Research hypothesis: a new type of exemption from criminal liability and termination of criminal prosecution may negatively affect the interests of other persons - victims, their legitimate rights and interests may be negatively affected . In general, the criminal background may worsen, and trust in the state may decrease .Purpose: to provide a scientific forecast of the consequences of legislative changes related to the suspension, termination of criminal prosecution, exemption from criminal liability and punishment in connection with conscription during mobilization or during wartime, or the conclusion of a military service contract during mobilization, during martial law or during wartime .

Analysis and Governance of "Greenwashing" Behavior in China's Green Bond Market

With the Chinese government and leaders attaching great importance to the construction of ecological civilization and the green financial market, green bonds have become an important tool to promote green development. However, the problem of "green washing" in the market not only erodes investors' trust in the market, but also damages the credibility and actual effectiveness of green finance, posing a potential threat to the continuous promotion of ecological civilization construction. This article analyzes two typical behaviors of "greenwashing" in the Chinese green bond market: false labeling of green projects and opaque use of funds, and explores their causes, involving problems such as incomplete green bond standard formulation and certification system, weak regulatory crackdown, short-term interest driven corporate behavior, insufficient public green awareness and supervision. Targeted response strategies have been proposed: firstly, to improve the green bond standard formulation and certification system, ensuring the authenticity of green projects; Secondly, enhance regulatory efforts and punishment measures, and build a rigorous legal environment; The third is to improve the transparency of information disclosure, requiring enterprises to regularly disclose the progress of projects and the use of funds; The fourth is to establish a sound investor protection mechanism and safeguard the legitimate rights and interests of investors. Through these measures, it is possible to effectively regulate and curb "green washing" behavior, and promote the sustainable development of the green bond market.

Problems and Improvement of The Guardianship Supervision System for Minors in the Civil Code

In recent year, the issue of supervision of minor guardianship has gradually become a hot topic of discussion. To a large extent, it is related to the frequent occurrence of cases of children's injuries due to the negligence of the guardians of minors in fulfilling their guardianship duties. At present, China has established a guardianship system which is mainly based on family guardianship and supplemented by state guardianship. However, this is only the relevant provisions of the juvenile guardianship system, and the system of juvenile guardianship supervision is still scattered in the Law on the Protection of Minors, the Civil Code, and the Law on Combating Domestic Violence, etc., which is most obviously manifested in the generality and limitations of the provisions of the juvenile guardianship supervision system, and the limitations of the scope of the adjustments have led to the passivity of the minors in safeguarding their rights. Modern society advocates "children's rights-based", under this trend, the custody of minor children will not only the family within the matter, but also should be included in the adjustment of society and the state, with the help of their power to safeguard the legitimate rights and interests of minors. In this paper, we will start from the existing system of supervision of minors' guardianship in China, discuss the lack of supervision system of minors' guardianship, and put forward some suggestions for improvement.

Study on the Necessity and Feasibility of Lawyer's Intervention in the Detention Stage of Discipline Inspection and Supervision

The promulgation of Law of the People's Republic of China on Supervision aims to provide strong support to improve the regulatory system in the past. However, this Supervision Law does not stipulate the specific content of lawyer's intervention at the detention stage, and the legitimate rights and interests of the detained object cannot be guaranteed. This paper will explore the necessity and feasibility of lawyer's intervention in detention work from the perspective of the absence of lawyers in the supervision law. Based on the practical experience of China's supervision system reform, this paper will also put forward some institutional suggestions on the identity, mode and time of lawyer's intervention in supervising detention measures, so as to improve the right protection mechanism of supervision law.

Research on the Path of Legalization Management in Higher Vocational Colleges

In the context of the rule of law, the concept of the rule of law is deeply ingrained in the hearts of the people, and the legalized management of higher vocational colleges is playing an increasingly important role. However, in the process of fully implementing rule-of-law management, there are still shortcomings in terms of weak understanding of the rule of law, management contradictions, and cultivating legal literacy. Therefore, administrators at vocational colleges need to cultivate a mindset that embraces the rule of law, learn how to apply legal principles effectively, and establish a system that upholds the rule of law while protecting students' legitimate rights and interests. The majority teachers should integrate quality-oriented education with promoting awareness about adherence to laws to truly realize effective implementation for managing higher vocational colleges under a framework guided by respect for Rule of Law.

MODERN PROBLEMS AND PROSPECTS FOR CRIMINAL LEGAL REGULATION OF LIABILITY FOR THE ILLEGAL TRANSFER OF NARCOTIC DRUGS OR PSYCHOTROPIC SUBSTANCES

Among the effective means of combating crime, criminal law is the particular importance. One of the methods used to achieve its objectives is the application of criminal legal sanctions to persons who have committed socially dangerous acts. Strict observance of the rule of law and ensuring reliable protection of the legitimate rights and interests of the individual, society and the state are the key to directions of modern criminal policy. This requires a clear and justified application of legislation, including criminal law, which serves as the legal basis for the classification of crimes.

Issues of improving the legal regulation of the first aid and determining its expanded scope

Introduction. First aid is a special type of assistance, is the primary measure in the chain of survival of the victim in emergency situations. The scope of the first aid in this edition of regulatory legal acts is not sufficient in situations where the victim is in a remote, inaccessible area and without the possibility of providing emergency medical care, which significantly reduces the chance of survival. The purpose of the work is to determine the list of measures for the provision of the extended first aid and develop proposals for improving the regulation of relations in the field of the first aid in an expanded volume between the participants of these relations to protect their legitimate rights and interests. Materials and methods. Research material: regulatory legal acts regulating relations in the field of the first aid and determining its scope. Research methods: analytical, logical, and information modelling. Results. The analysis of the studied normative legal acts showed the presence of a legal gap in the field of regulation of first aid including the uncertainty of the volume of the extended first aid. To improve the regulatory and legal regulation of first aid activities and contribute to the current legislation, the author has developed and proposed a draft volume of the extended first aid for discussion. Research limitations. In the study of issues related to the provision of the extended first aid, 18 regulatory legal acts were selected and analyzed: the Constitution of the Russian Federation, 7 federal laws, 10 orders of relevant ministries; as well as 2 technical acts (GOST). Conclusion. The developed project of the expanded first aid is proposed for consultations and discussions with state structures and officials defining health policy, as well as representatives of scientific institutions of the medical community to develop management decisions aimed at achieving a high level of preservation of human and citizen life and health in emergency situations.

Analysis of Paths to Effectively Safeguarding Property Owners Rights in Property Service Disputes from a Defensive Perspective

This paper begins by analyzing the current status of property service disputes, examining the complex legal relationships, widespread and voluminous disputes, and intense group struggles, revealing the true state of property service disputes. The article then focuses on introducing the main types of damage to property owners rights in property service disputes to demonstrate the necessity of safeguarding property owners rights from a defensive perspective. Simultaneously, it presents the concept, types, qualifications for exercising the right of defense, and the statute of limitations, comprehensively analyzing the real challenges faced by property owners in property service disputes, including issues such as the lack of legal provisions, the absence of clear standards for defining property service quality, obstacles to property owners exercising the right of defense due to internal and external factors, and jurisdictional attributes causing inconsistent judgments in similar cases. Finally, the paper proposes measures to improve the system for property owners right of defense and the protection of legitimate rights and interests in property service disputes, including the rational allocation of burden of proof, enhancing legal provisions for standardized discretion, refining the evaluation mechanism for the property service industry, and leveraging the primary role of the property owners committee and the supervisory role of property owners.

Intelligent Identification of Chinese and Australian Merino Wool Fibers Based on Image Recognition

In order to promote the sustainable growth of the wool industry and protect consumers' legitimate rights, rapid identification of the country of origin for wool of the same type is deemed crucial. This research presents a computer graphic recognition training model that utilizes median and Wiener filtering techniques to effectively reduce noise in the raw wool fiber images. Employing a support vector machine as the classifier and integrating a polynomial kernel function, this model achieves swift and accurate identification of Chinese and Australian Merino wool fibers. Experimental results underscore that following image recognition training, the model attains an impressive 92.5% comprehensive and precise identification rate for Chinese and Australian Merino wool fibers, effectively distinguishing the origin of wool from the same category. This approach not only provides a valuable reference for identifying the origin of similar wool types but also holds the potential to standardizing the wool fibre material market and assuring the consumer’s confidence on wool products.

Controversies and amendment proposals on the China Coast Guard Law

The China Coast Guard Law (CCGL) is legislation around the China Coast Guard (CCG). Its purpose is to regulate and guarantee the fulfilment of the CCG’s duties, addressing the lack of systematic regulation of the CCG’s rights protection and law enforcement. The CCG possesses administrative, military, and judicial attributes. Its function is to safeguard China’s legitimate maritime rights and interests, promote the construction of a regional harmonious and symbiotic maritime order, and contribute to the establishment of a global just and civilized maritime order. The formulation and implementation of the CCGL have faced challenges. Disputes over its application have mainly centred on four aspects: the definition of jurisdictional marine areas, types of law enforcement, immunity for warships and government ships, and the use of force. The enactment of the CCGL strictly adhered to China’s legislative procedures, and the content of its provisions aligns with the requirements of international law. However, there are deficiencies in the CCGL, necessitating the refinement of rules on the use of force, clarification of criteria for determining infringement by foreign warships and government ships, distinction between the principles of law enforcement in different maritime areas, and the establishment of a mechanism for the settlement of disputes over maritime law enforcement and maintenance of rights.

Characteristics and Countermeasures of Assisting Information Network Criminal Activities

In the context of the era of big data, the crime of assisting in information network crimes (hereinafter referred to as "aiding and abetting crimes") has shown a high incidence and wide coverage, and it is also a key hub for many information network crimes, which seriously hinders the social management order and the property security of the masses, and undermines the normal, safe and orderly development of cyberspace. This article summarizes the types and characteristics of aiding and abetting crimes and the causes of their high incidence by analyzing the adjudication cases of aiding and abetting crimes in a district people's court in Chengdu in 2021 and 2022, and proposes corresponding governance measures to carry out necessary prevention and control of aiding and abetting crimes, in order to minimize the high incidence of aiding and abetting crimes and maintain social order and the legitimate rights and interests of the people.

Application of flash GC e-nose and FT-NIR combined with deep learning algorithm in preventing age fraud and quality evaluation of pericarpium citri reticulatae

Pericarpium citri reticulatae (PCR) is the dried mature fruit peel of Citrus reticulata Blanco and its cultivated varieties in the Brassicaceae family. It can be used as both food and medicine, and has the effect of relieving cough and phlegm, and promoting digestion. The smell and medicinal properties of PCR are aged over the years; only varieties with aging value can be called “Chenpi”. That is to say, the storage year of PCR has a great influence on its quality. As the color and smell of PCR of different storage years are similar, some unscrupulous merchants often use PCRs of low years to pretend to be PCRs of high years, and make huge profits. Therefore, we did this study with the aim of establishing a rapid and nondestructive method to identify the counterfeiting of PCR storage year, so as to protect the legitimate rights and interests of consumers. In this study, a classification model of PCR was established by e-eye, flash GC e-nose, and Fourier transform near-infrared (FT-NIR) combined with machine learning algorithms, which can quickly and accurately distinguish PCRs of different storage years. DFA and PLS-DA models were established by flash GC e-nose to distinguish PCRs of different ages, and 8 odor components were identified, among which (+)-limonene and γ-terpinene were the key components to distinguish PCRs of different ages. In addition, the classification and calibration model of PCRs were established by the combination of FT-NIR and machine learning algorithms. The classification models included SVM, KNN, LSTM, and CNN-LSTM, while the calibration models included PLSR, LSTM, and CNN-LSTM. Among them, the CNN-LSTM model built by internal capsule had significantly better classification and calibration performance than the other models. The accuracy of the classification model was 98.21 %. The R2P of age, (+)-limonene and γ-terpinene was 0.9912, 0.9875 and 0.9891, respectively. These results showed that the combination of flash GC e-nose and FT-NIR combined with deep learning algorithm could quickly and accurately distinguish PCRs of different ages. It also provided an effective and reliable method to monitor the quality of PCR in the market.

Employment Discrimination for People Living with HIV in China: The Challenges of Law vs. Practice

ABSTRACT In 2006, China enacted Regulations on the Prevention and Control of HIV/AIDS, to protect people living with HIV (PLHIV) from discrimination. Nonetheless, many PLHIV facing institutionalized discrimination, such as civil servant physical exam requirements and their operational guidelines, are reluctant to seek legal remedies to protect their rights. Field investigations have revealed that subjective differences in defining discrimination exist among different parties such as PLHIV, law enforcer and the others. Moreover, beyond individual discriminatory actions, social environmental pressures, manifesting as social exclusion, exert an even greater impact on PLHIV. This study suggests that despite national legislation aimed at preventing discrimination against PLHIV, such efforts are frequently hindered by other laws, as well as instances of blatant and illegal discrimination. The social exclusion surrounding PLHIV makes it challenging for them to proactively seek legal remedies for their legitimate rights, thus perpetuating a vicious cycle. Through studying the dynamics between perpetrators and the recipients of exclusion in the workplace will help to better understand and hopefully find ways to respond to the developing the employment discrimination crisis faced by PLHIV in China today.

Chinese Legislation and Theoretical Basis for Patent Parallel Import: Consideration of Parallel Import of Pharmaceutical Patents During the Pandemic

The current Chinese Patent Law permits parallel import, but its theoretical basis is disputed. Neither theprinciple of domestic exhaustion of rights nor the principle of international exhaustion of rights can be used as thetheoretical basis to support parallel import. Chinese legislation can set aside the traditional dispute between the principleof exhaustion of rights and the principle of territoriality, support parallel import in principle, and make exceptions in whichparallel import can be prohibited if the parallel importer violates the contract or authorization agreement or conductsunfair competition to damage the legitimate rights and interests of the patentee or the consumer. The primary objective oflegislation on parallel imports of pharmaceutical patented products should be better protection of public health. Permittingparallel import of patented medicine is of utmost significance to decrease the price of patented drugs and expand theaccessibility of drugs. However, we should also prevent the import of fake and inferior goods. China should be cautiousabout permitting the parallel import of “repackaged” pharmaceutical patented products in legislation and law enforcement.Regarding administrative enforcement, the customs should set up special supervision authorities for patent import andexport, and standardize the enforcement procedure for parallel import.

Application Of Blockchain Technology in Product Supply Chain

Nowadays, people's consumption level continues to increase, and the industrial supply chain needs to be continuously upgraded and improved to cater to market demand. This process has also gradually exposed some shortcomings of the traditional industrial chain, such as opaque information, non-traceable product sources, and difficulty in inventory management by enterprises. , the market is flooded with a large number of substandard products, making it difficult for consumers to protect their legitimate rights and interests, etc. However, when the emerging blockchain technology is applied to traditional industrial chains, people find that it solves many pain points in traditional industrial chains. Blockchain is a distributed ledger technology with multiple nodes distributed in the network. Each node records the same data and jointly maintains and records transaction records. Through blockchain technology, consumers can trace the source of products, companies can trade goods more safely, factories can manage inventory more conveniently, and prosecutors can also supervise the industrial chain more conveniently.

Research on stray animal tort liability

With the increase of the total number of pets, abandoned pets have become more and more common, and gradually exposed the existing problems of stray animals in our country. This paper will discuss the concept of stray animal tort liability, the current situation of stray animals, the reference of excellent systems outside the region and the measures to improve stray animal tort liability in the four aspects of our country's stray animal tort liability, and explore a reasonable and scientific governance system combined with our country's actual situation, so as to truly protect the legitimate rights and interests of those infringed by stray animals.

Causes and Analysis of Sex Discrimination in Price Discrimination

Price discrimination in marriage and gender discrimination in the labor market are common problems in Chinese society. By exploring the pressure and impact of these issues on men and women, this article analyzes the excessive financial pressure that men bear in marriage and the various unfair treatments that women encounter in the labor market. In response to price discrimination against women in the labor market, this article puts forward a series of policy recommendations, including improving relevant laws and regulations to protect women's legitimate rights and interests, increasing penalties for gender discrimination by employers, and improving social concepts to promote gender equality. By releasing women's productivity and enabling women to earn income independently to support their families, it can reduce men's financial pressure in marriage and achieve the best of both worlds for social development goals. The innovation of this article is that it deeply explores gender issues in marriage and the labor market in Chinese society and puts forward feasible policy suggestions for these issues. Through the research of this article, People can deepen people's understanding of gender discrimination, promote the change of social concepts, create a more equal and just social environment, and achieve sustained social stability and sustainable development.

New developments and trends in extended continental shelf delineation practices—An analysis of China's participation and response strategies

Rights and interests concerning the continental shelf beyond 200 nautical miles (extended continental shelf, ECS) are related to important aspects of a nation's marine utilization such as marine resource development, marine technological innovation, and the construction of marine ecological civilization. China is a country with a long coastline and has the right to delineate large areas of ECS according to the United Nations Convention on the Law of the Sea (UNCLOS). However, the process of confirming China's ECS rights under international law is particularly complicated owing to the complex maritime delineation disputes between China and its neighboring countries. From the perspective of international law, this study uses the method of historical analysis and case analysis to retrospectively explore the evolution of the international legal frameworks governing ECS and analyze its current characteristics and trends in practice. On this basis, the paper evaluates the major challenges of China's national practice in ECS delineation and puts forward suggested countermeasures for safeguarding its legitimate rights and interests related to ECS.

Identification of the Disseminator in a Case of Fundraising Fraud

With the high development of the virtual world, more and more fund-raising fraud crimes are spread through the Internet, and in the process of fund-raising fraud, the role of the communicator is not insignificant, and if all the communicators do not bear criminal responsibility, it will pose a great threat to the market financial order and the legitimate rights and interests of investors. By characterizing the behavior of the disseminator of fundraising fraud through the method of class analysis, its criminal liability can be clarified.

The Copyright Protection Issue of Artificial Intelligence-Generated Creations: A Dialectical Analysis of Law and Practice

This article discusses the issue of the nature of works generated by artificial intelligence similar to ChatGPT and the protection of copyright laws. The author first analyzes the content of artificial intelligence generated products or the provisions on the nature of works in major national laws. This article further analyzes the legal practices of various countries in the qualitative analysis of artificial intelligence generated works based on cases of artificial intelligence copyright in different countries. We explored two theoretical perspectives regarding the copyrightability of two types of artificial intelligence-generated works. The first perspective emphasizes the absence of unique individuality in artificial intelligence creations and highlights the discord between the objectives of copyright law and the essence of artificial intelligence-generated works. In contrast, we delved into supportive viewpoints that underscore the potential legal basis for copyright in machine-generated works, the originality introduced by artificial intelligence, and the involvement of humans in the creative process. As the artificial intelligence industry matures, it underscores the necessity for effective legislative actions to fortify the existing legal framework, adapting it to the ever-evolving domain of AI-driven creativity. This approach is pivotal for fostering innovation while concurrently safeguarding the legitimate rights and interests of artificial intelligence creators and users.