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  • 中国的劳动教养制度及其改革
  • The author first reviews history and development of the system of reform through labor in China,and then points out problems confronted by the system at present on the basis of the strategy of “governing the country in accordance with the law“ and main standards contained in international human rights conventions. After further analysis of causes leading to those problems, the author proposes some concrete suggestions concerning the reform and measures to be taken.
  • 中国刑事羁押的司法控制
  • The article explains and analyzes the concept and features of the system of criminal detention in China in a comprehensive way. While referring to international human rights conventions and demands in protection of human rights in China, the author justifies the necessity of judicial control over criminal detention and brings forward his innovative proposals about the ways to implement judicial control over criminal detention in China.
  • 论刑事司法中的自诉权
  • In criminal justice, a victim has the right to file prosecution against crimes. The right can be exereised in two different manners. One is that the victim assists public prosecutor in brining a prosecution. The other is the victim files a suit to the court personally. Public prosecution is a main way in criminal justice while in some countries there exists system of private prosecution. Cases of private prosecution are usually of simple or minor ones. Public prosecution with the supplement of private prosecution is one of the principles of the system of criminal prosecution in China. However, according to the third section of article 170 of the Chinese Criminal Procedure Law,all cases of public prosecution may change as cases of private prosecution, as victims are given a broad right to initiate private prosecution. The right, therefore, may be easily abused. In judicial practice, cases of private prosecution are usually rejected, because the judge sets a high threshold in accepting cases. In reforming the system of criminal prosecution in China, importance should be attached to the issue of the way to coordinate the relationship between public and private prosecutions and the way to promote balance between protecting defendants and victims.
  • 法律援助问题:体制比较
  • 法律援助——模式与机制
  • 奥地利的法律信息公开制度
  • 法律成长的精神向度
  • With the growth of law from traditional society to modern time, the spirit of law has developed from tribal or national to international, from religious to secular, from emotional to rational and from prerogative to equal. The development of spirit of law has brought the universality, secularity, rationality and equality to law.
  • 侵权责任、损害赔偿责任与知识产权保护
  • The establishment of intellectual property infringement, and further, the establishment of the liability of tort, i.e. the liability of damages, have always been the problem that has troubled Chinese scholars as well as legislators and judges. Although the amendments of certain separate laws on intellectual property for the purpose of adhering to Trips under WTO seem to settle part of the problem, yet in theory, it remains to be addressed with efforts. The author tries to explore the very root and causes of the problem, by comparing domestic laws of a number of countries and cases of infringement and tort. By this way, we may ultimately find out the ways and means to deal with this problem once and for all.
  • 违背法律和善良风俗的法律行为后果比较
  • 美国形象权法研究
  • The right of publicity, protecting one‘ s name and likeness from being commercially used by others without the permission of the owner, is located in the new frontier area of intellectual property. Although Chinah as several cases concerning the right of publicity, the right itself is unfamiliar to many people, including experts,judges and legislators in the field of intellectual property law. Even the term the right of publicity has different translations in Chinese. This article has conducted a detailed study on the law of publicity right in the United States, especially on the case law decided by various state courts. On the basis of the study, the article further discusses the concept, subject matter, limitation and duration of publicity right, and the infringement and remedies with respect to the publicity right. As the United States has an advanced law to protect the right of publicity, a thorough examination of the experiences of the United States is very important to us in the field of intellectual property law. It is no doubt that a good knowledge and understanding of the law on right of publicity in the United States will in turn help China improve its protection of the right of publicity.
  • 瑞典新闻出版自由与信息公开制度论要
  • Being the first nation in the world to formulate the law on freedom of the press, Sweden has set up a complete and unique legal system aiming to guarantee freedom of expression and freedom of information. This article examines the development of Swedish system of freedoms of press, expression and information, its legal basis and main contents. The major characteristics of the system are alsoanalyzedand summarized accordingly. As far as the guarantee of freedom of speech and information is concerned, Sweden stands out all over the world. We should pay close attention to Swedish model and conduct serious research in this respect, so to learn Swedish successful experience and make it serve theoretical innovation and institutional building-up in China.
  • 美国诉讼“十部曲”
  • 《环球法律评论》封面

    主管单位:中国社会科学院

    主办单位:中国社会科学院法学研究所

    社  长:张广兴

    主  编:徐炳

    地  址:北京市东城区沙滩北街15号

    邮政编码:100720

    电  话:010-64022194

    电子邮件:[email protected]

    国际标准刊号:issn 1009-6728

    国内统一刊号:cn 11-4560/d

    邮发代号:2-529

    单  价:25.00

    定  价:150.00


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