2018, Vol. 31 No.6
Publication date: 25 December 2018
The e-commerce law related platform liability clause has strengthened the management and control of the e-commerce platform. To a certain extent, it has seriously affected the e-commerce platform's control over the platform ecology. The platform has become increasingly a "pipeline", such as the "notification of deletion" weakens the platform's right to judge the infringement of intellectual property rights of the merchants. The "prohibition of deletion of the evaluation" makes the platform lose the self-management means for the third party to brush the praise and malicious bad reviews and bad information. It is recommended to set the platform responsibility reasonably from the perspective of e-commerce innovation development, e-commerce main rights protection and e-commerce order maintenance coordination. In general, the safe haven system should still be the cornerstone of the e-commerce platform's responsibility, and the e-commerce platform must assume the duty of careful and reasonable attention. The e-commerce platform should actively carry out compliance work on mandatory business registration and tax payment, qualification review, information disclosure, security assurance, data reporting, fair competition and intellectual property protection.
Internet platform responsibility is the legal conscription and regulation of the gatekeeping power of platform to achieve certain internet regulatory aims. There are three stages of the development of internet platform responsibility theory and practice. Theoretically, it can be understood in the frameworks of institutional "gatekeeper", Technical "gatekeeper" and algorithmic "gatekeeper", which respectively correspond to the regulatory tolerance of internet platforms, the increasing pressure for more content gatekeeping obligation of platform beyond "safe harbor" and its controversy, and the direct regulation of the gatekeeping power of platform in context of ubiquitous computing. The new Chinese "E-Commerce Law" of 2018 represents the function expansion of platform responsibility regime from indirect tort liability to accountability, from behavior control to technology regulation. All in all, internet platform responsibility regime in the future should include the gatekeeping obligation of platform for hosted content as well as the regulation of the technical and business operation of platforms. It is essential to further study an implementing approach of platform responsibility which can reach balance of multiple interests, and the compatibility with market incentives.
The new Electronic Commerce Law clarifies the algorithm liability of platform designing, deploying and using algorithms, which includes the obligation of implication, supply of the un-customized searching result, and protection of customers in recommendation and search algorithms. The algorithm liability is making a progress in algorithm's status and role. However, it inevitably shows limitation on practical challenges. The core of algorithm liability should balance the wide gap of powers between platforms and customers. There are some steps to improve the algorithm liability.
In recent years, Critical Illness Insurance in China has achieved remarkable development, but its system construction is relatively lagging, and the nature and applicable law of Critical Illness Insurance are still not solved, obstructing the sustainable development of the system. In China's insurance legal system, considering the difference between social insurance and commercial insurance, the social attribute of Critical Illness Insurance does not constitute its essential attribute. Therefore, it is better to be defined as a kind of commercial insurance. Since Insurance Law applies to Critical Illness Insurance, it is suggested that special provision of Critical Illness Insurance should be added in Insurance Law and that Critical Illness Insurance Regulation should be legislated to provide system basis for Critical Illness Insurance.
The development of model of the collaboration among the party,the government and the masses is a typical renovation catering for the social development,government reform and the exploring of cooperation between government and society. Based on the spot investigations for N Community, Maizidian street from June 2017 to January 2018, the paper concludes that building the consultation platform, creating multiple subject team, selecting science subjects, standardizing procedures and building work mechanism are key factors to success.
With the application of document analysis method, the paper conducts an inductive analysis of the urban community emergencies in the past ten years based on the database of NetEase news on community reports from 2004 to 2018. The basic characteristics of the emergencies are that the social security incidents and accident disasters in the community occupy the vast majority. The urban community emergencies are mainly concentrated in the municipalities directly under the central government, provincial capital cities and important cities in the developed coastal areas of the southeast. It shows a trend of increasing year by year. In recent years, new types of community emergencies have appeared one after another. Judging from the incident response and its causes, the prevention link has a low degree of attention, the emergency handling and rescue capability is seriously insufficient, the self-study improvement of the aftermath lacks system construction, and the regional and seasonal differences are less considered. Basically missing, the overall response to the event is not good. In the future, the development trend of community emergencies is the combination of online (Internet) and offline. The interaction between the inside and outside of the community is enhanced. Foreign-related factors and international factors will gradually increase. Some incidents will be confronted with violence, and potential new community emergencies will continue to emerge. In the response to the incidents, it is necessary to strengthen and popularize scientific and technological support means, focus on absorbing domestic and foreign beneficial experience and innovate coping styles in light of the actual situation of the community, and effectively improve the ability of urban community emergency response.
Using case study and interview, this article, with GaoTian Sub district of Weihai city as an example, analyzes the transformation of citizen participation in community governance under collective property rights reform. It finds that the collective property rights reform has reconstructed the right relationship among farmers, collective organizations and governments, reshaped the rural community organizations and their power structure, expanded the space for citizen participation, stimulated the interests requirement of citizens, improved the efficiency of resource allocation. The mobilized, implemented, formalized and unconventional interest-driven participation has substantially changed into a diversified, deep-seated and effective multi-dimensional organizational participation. For problems due to lack of continuous supervision mechanism, cost and efficiency, and institutional flaw in citizen participation, it is necessary to further strengthen the mechanism construction and follow-up supervision, properly balance the cost and output efficiency of participation, and improve the relevant institutional construction and legalization.
Based on the data from UN COMTRADE, this paper analyzed the present situation of Chinese meat products trade from 1992 to 2014. And Constant Market Share Model was applied to analyze the influencing factors of the import and export changes of Chinese meat products. The results showed that in terms of exports, growing demands in the international meat markets was the most significant driving force for Chinese meat export growth. Meanwhile the change of the competitive power and the structure of export products also had an important impact on export. In terms of imports, the competitiveness of foreign meat products was the most principal reason for the growth of China's meat products imports. Besides, the optimization of import structure and the rapid growth of meat products supply in the international market were the key factors that promoted the growth of China's imports of meat products as well.
Grounded theory is an important qualitative research method. It originated from sociology, and was applied to many other subjects in social science later. Before adopting grounded theory, much literature should be read to foster theoretical sensitivity. In terms of data analysis, grounded theory mainly uses coding techniques, including open coding, axial coding, and selective coding. of note, grounded theory is not content analysis. In future marketing research, grounded theory should be more widely used in theory construction regarding new topics, replicative research, process model and complex research questions with multiple variables.
The conduction of scientific research activities in Chinese space stations has triggered numerous issues that related to intellectual property protection. The intellectual property protection of Chinese space stations has its particularities. At the meantime, as an key carrier to China's domestic and foreign policy, Chinese space station needs appropriate intellectual property protection which would also promote international space cooperation. However, the space legislation in China is still inadequate with lots of blank space in the legislation of intellectual property. Also, because of the distinct characteristics of intellectual property, there are conflicts between Chinese space stations intellectual property and international Space law. Therefore, in order to protect Chinese space stations intellectual property with efficiency, the paper suggests that we need adequate nationwide intellectual property legislation and proactivity in the introduction of intellectual property protection of Chinese space stations in international conventions through a bilateral and multilateral protocol.
The concept of outer space military confrontation includes two parts. The first is militarizing artificial satellites to enhance the combat effectiveness of its own side. The second is utilizing ground-based or space-based weapons to attack the other side. As to the legal character, the outer space military confrontation constitute the "use of force" in accordance with the international law. And as to the legal basis, the right of self-defense exercised in the outer space provides the legality for the use of force in the outer space military confrontation. Based on the high possibility of outer space military confrontation developing into armed conflicts, besides the basic principles of international law and outer space law, the basic principles of armed conflict law should also apply to outer space military confrontation, including principle of limitation, principle of discrimination, and principle of proportionality.
The meaning of a concept is not static, instead, it is a dynamic construction process. There exists close relationship between two concepts which leads to mutual projecting of salient relevant elements of their conceptual meanings. In this way the two concepts are contextualized:their connotations are broadened while their denotations are narrowed (or vice versa). Therefore, it is necessary to reconstruct such contextualized concepts according to their relationship in the process of translating. Looking at conceptual reconstruction in the process of translating from the perspective of the logic category of the relationship between concepts, we can reconstruct a concept by making use of equivalent relationship, overlapping relationship, subordinate relationship, contradictory relationship or oppositional relationship between two concepts.
The discussion on domesticating & foreignizing attributes of Yan Fu's translation reflects the ongoing process of extending Venuti's translation theories in Chinese translation community. Yan Fu's translation was once conceived of as domesticating and later reckoned as foreignizing, which reflects the prescriptive and unary methods that dominate the translation studies. The descriptive approach to translation studies makes it possible to analyze the working relatedness between Yan Fu's linguistic strategies and his translating function of transforming the structures of the Chinese society, and also to realize the part that "the creative destruction" of translation plays in advancing the progress of any societies. Analysis from three contradictory but interconnected aspects:linguistic perspective/cultural perspective, ethics of fidelity/ethics of difference/ethic of innovation, and the instrumental model/the hermeneutic model would facilitate a more profound understanding of the essence of domesticating and foreignizing translations which are ostensibly opposite but fundamentally interdependent.
The cultural turn of translation studies makes the subjective initiatives of translators a hot topic recently. Reception aesthetics should be reader-centered and focus more on readers' horizon of expectations and aesthetic experience. Based on the theories of reception aesthetics, the exertion of translator's subjectivity relies heavily on the combined effect of the appeal structure, horizon of expectations and historicity of texts, which has an effect on the translation effects. The paper studies Rexroth's translation of Li Qingzhao's Poetry from the perspective of translator's subjectivity and points out that translator's subjectivity embodies in poetic forms, image presenting and artistic conception formation when translating. Rexroth's creative translation of classical Chinese poems accords with the universal law of translator's subjectivity, which proves to be a creative and effective translation strategy.
In the new era of humankind's destiny, Xi Jinping's ideology of the community of human destiny is in line with Marxism in pursuit of goals and methodological revelation. It is also a creatively proposed Chinese plan in response to the development of the times. Its rich and varied connotations include economics, politics, culture, ecology and many other aspects. In response to the changing world situation and the global crisis, Xi Jinping's human destiny community ideology in the new era has actively brought positive effects on the world for economic development, political stability, cultural prosperity, and ecological harmony.
Adequate high-quality professional practice is an important guarantee to the full-time professional master education, an effectual way to help the students know well the practical knowledge, improve professional practice abilities and cultivate professional qualities. Through a questionnaire, the paper finds that the importance of professional practice has been a consensus; professional practice methods are various; the content of practice is both academic and professional; the course of practice features internal and external tutor cooperation, social participation in management, and professional practice evaluation related to the graduation examination. On the other hand, there are problems concerning the full-time professional master practice including lack of practice chances, insufficient funds for practice, and loose practice management. The study gives such suggestions as perfecting the relevant legal system construction, establishing the funds mechanism, strengthening the construction of practice bases, strengthening professional practice process management for improving the quality of professional practice.
The teaching of verdict research-learning should be the normality of legal education, but it has almost been absent for a long time in our country. The main teaching approach is still the lecturing method, which is unhelpful to students' active learning and integrating theory with practice. To develop students' ability of judicial practice, China should learn from the experience of case study in foreign legal education, especially the experience of US and German, for reference to offer a special course of verdict research-learning. Through requiring students to read verdicts, write down problems of verdicts, discuss controversies of verdicts in class, and write verdict comments, instruct students to learn and understand legal knowledge better, and promote their ability of discovering and solving problems and the ability of legal argumentation.