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1.
After the policy on the local autonomy is implemented, the legal protection of the sugar cane farmers has not yet been able to improve wellfare of farmers, due to some factors. First, the regulations have not taken sides to the welfare of the farmers and no synchronization exists, even there has been a disharmony in various regulations on the protection of the sugar cane farmers. Second, the farmers institutions have not been well organized, and this condition makes the bargaining position of the farmers weak when they face external powers, either the government or the capital owners. Third, land availability to plan sugar canes always decreases. The land possession of farmers is reduced among the macro-economic phenomenon. Ironically, at present 49.5% of farmers in Java and 18. 7 % farmers out of Java are not land owners. Therefore, philosophically, the legal protection of the sugar cane farmers in the future should still refer to the rechtides as stated in Pancasila (Five Basic Principles). Sociologically, such a protection should reflect the factual condition, and give benefits for farmer welfare and juridically, synchronization and harmonization of the regulations should be quickly made.  相似文献   

2.
Legal scholar James Boyd White has challenged both lawyers and rhetoricians to imagine the law as an enterprise of language. In contending that members of the legal profession should see law as an activity of speech and imagination occurring in a social world, he has urged lawyers to view the legal profession as an interaction of authoritative texts and as a process of legal thought and argument instead of thinking of law as a technical system of regulations and applying its rules in a mechanical way. By asking members of the legal professional to consider law as rhetoric, White has encouraged them to recognize the socially constitutive nature of language, which runs contrary to a perspective of law as machine or, rather, the law as only a mechanistic system of rules and regulations. His ideas have inspired the "law and literature" movement, which has motivated other scholars to analyze the texts of judicial opinions, for example, according to White's theories. However, this essay takes White's concept of imagining the law and applies it public address and, specifically, to the 1965 "Crime and the Great Society" speech given by former Los Angeles Police Chief William Parker. Chief Parker's address reveals a vision for the City of Los Angeles in which Parker, himself, asks his audience of citizens and civic leaders to share for advancing a specific agenda for law enforcement's role in society.  相似文献   

3.
On November 24, 2013, Egypt's signed into law - the Public Protest interim President Adly Mansour Law after it was proposed by the interim government, and soon it became the main concern in Egypt due to claim that after the ousting of President Mohamed Morsi and of the Muslim Brotherhood, the country is currently ruled by a military-backed government that seeks to restrict freedom and rights in order to introduce a new authoritarian-military rule. The government promoted the law by arguing that it aims to maintain stability and security in Egypt's streets and that it only targets factional protest movements and saboteurs. Nevertheless, the law has been widely criticized by human rights groups as well as rights and political activists who say it restricts freedom of speech and that it is an attempt to completely ban the right to protest, not to regulate it as the government claims.  相似文献   

4.
The work created by the author is a unique value, which must be protected against its unauthorised use or piracy. However, the copyright protection should not take a wrong direction, because not only for authors, but as well a common society is entitled to rights protection, especially in the era of new technologies or information society. This article deals with intellectual property protection problems in the information society, when it is so easy to access copyright protected works via internet--such use for personal entertainment in order to get access to and share the achievements of culture and art with friends and family should have copyright restrictions It is high time to discuss the introduction of so-called "culture access fee", which would allow legal access to copyright protected works with slight blanket payment for all right holders.  相似文献   

5.
Since the reform and opening up, the legal profession in China has changed dramatically. In terms of both quantity and quality, the legal profession has stepped into a new phase. A tendency towards widespread litigation and more professionals." judges, lawyers and law students, can be clearly evidenced. Along with the development of the legal profession, other types of legal workers including business arbitrators, grassroots paralegal service workers (grassroots paralegals), and mediators have experienced great changes. To a certain extent, they have become more marginalized than before. The development of the legal profession is extremely unbalanced. Whether in terms of the number of lawyers or the income generated by lawyers, the inter-provincial gap in China is huge. The development of the legal profession also brings out the issue of judicial corruption. From the number of letters and visits related to lawsuits and the National People's Congress deputies 'votes on the reports of the Supreme People's Court and the Supreme People's Procuratorate, the level of legal corruption can be noted. This" problem has become a crucial challenge to the reputation of the legal profession and the judicial creditability of the country. The same amount of attention should be paid to judicial corruption as to the quality of legal services.  相似文献   

6.
Although religious beliefs and practices came under Constitutional protection in 1982 by section 2(a) of the Canadian Charter of Rights and Freedoms, the struggle to define what constitutes freedom of religion continues. Currently freedom of religion from the court's perspective is a right to be protected as long as its expression does not bring harm or discrimination to others. This definition is one that the courts have already applied to several other different rights. It is a position that while ostensibly static is capable of fluid change as society changes over time. To set in stone how far a freedom may extend is to deny the fact that society does and will continue to change. Views on what constitutes religious beliefs are fluid and a requirement on the extension of protection to those beliefs and actions is argued could hamper the development of multiculturalism.  相似文献   

7.
In this article, the author tries to discuss what the appropriate legal protection of digital rights management (DRM) technologies is. The objective of the paper is to highlight the deficiencies of the present legal practices in U.S. and the E.U.. Compared with private remedy, such as making license and using technological protection measures, anti- circumvention rules will bring more widespread influence and probably rebuild the new benefit rules in copyright system. The theory of anti- circumvention legislation has been far away from the principle of traditional copyright since its emergence, which means there is no much experience that merits attention by current copyright system, even anti- circumvention rules in various countries no doubt provides legal support and so-called "lawful basis" for creators' rights expanding. The methodology research.  相似文献   

8.
This paper describes the evolution of drug consumption in Bosnia and Herzegovina, the current scope of this problem, and the legislative and institutional response to drug issues. The analysis of the legal and institutional framework for controlling illicit drugs in Bosnia and Herzegovina reveals that Bosnian drug policy is repressive in its nature, that implementation gap is evident in the field of drugs, as well as lack of institutional capacities in this area. It is argued that the Bosnian government, despite international pressure, has failed to undertake comprehensive measures in this field, which directly affects the effectiveness and efficiency of Bosnian drug policy, and that it is better for post-war Bosnia and Herzegovina to present another obstacle for prosperity.  相似文献   

9.
Non-marital cohabitation is one kind of the "family" lifestyle which people independently choose. A harmonious society is that of sustainable development society which treats people as its center, and objectively, it requires respecting for people's right to choose their lifestyles independently. However, the social problems arising from non-marital cohabitation shouldn't be neglected. The laws should recognize the concerned parties' freedom to freely choose the lifestyle of non-marital cohabitation and also prevent such social problems which it possibly causes. The authors propose that the special legal system of non-marital cohabitation should be established, for the purpose of promptly preventing and solving the disputes which triggered by non-marital cohabitation, protecting the rights and interests of the concerned parties and their children, and hence promoting the construction of the harmonious society in China.  相似文献   

10.
The increase number of street children that resulted in the disturbance of sense of justice, and humanity value in society as they have become ideal value stipulated in the preamble of 1945 UUD NKRI that state has obligation to protect its citizen, as it is also regulates in Part 4 UUD 1945 preamble. The increase number of street children indicates shifting function of state, which in the theory recognized function of state to provide protection toward all citizen including street children. The increase number of street children also indicates that state has ignored its duty to provide legal protection toward citizen yet also street children. Meanwhile, Law No. 23 year 2002 on children protection only regulates the general term of children protection and it still lacks of rules and concept of street children protection in the specific way as a basis to provide legal protection toward street children. The result of this research show that Law No. 23 year 2002 on children protection did not specifically accomodate the practice of legal protection on street children. This condition due to the process of Law on Children Protection drafting process are the issues of general term of children protection, education issue, economic issue, monetery crisis, poverty issue, political issue and street children issue. However until now, the issue relates to street children has increased qualitatively and quantitatively because Indonesia still regarding the issue of street children is an unfamous issue to discuss seriously and the fund to solve the problem of street children is incomparable to the economic oriented demand, meanwhile street children are children that have special needs that require attention and proper specific protection supported with specific regulation that regulates in Law No. 23 year 2002 in children protection as children with special needs.  相似文献   

11.
Depositors and debtors are inherent in banking as an intermediationinstitution. The banking law has not given enough guarantee for banks to do their intermediation function, especially debtors need some protection in their transactions with banks from the pre-to post-transactions. The legal issue of this present research is a just legal protection of depositors and debtors in the banking law.  相似文献   

12.
One has freedom of religion, not freedom from religion. This claim is common, but it rests on a misunderstanding of what real freedom of religion entails. The most important thing to remember is that freedom of religion, if it is going to apply to everyone, also requires freedom from religion. Why is that? One does not truly have the freedom to practice one's religious belief if one is not also required to adhere to any of the religious beliefs or rules of other religious. Freedom from religion does not mean, as some mistakenly seem to claim, being free from seeing religion in society. No one has the right not to see churches, religious expression, and other examples of religious belief in the nation, and those who advocate freedom of religion do not claim otherwise. What freedom from religion does mean, however, is the freedom from rules and dogmas of other people's religious beliefs so that people can be free to follow the demands of their own conscience, whether they take a religious form or not. Thus they have both freedom of religion and freedom from religion because they are two sides of the same coin.  相似文献   

13.
After dynamic economic growth for more than 30 years, China has been increasingly pressured with the unsustainability of its extensive development model. Despite the remarkable economic growth and the party-state promotion, China is facing barriers for its economic upgrading with scientific and institutional innovation. In recent years, a series of policies and measures have been taken by the Party-State to promote country's innovative reorientation. However, implementation of these measures in practice is facing many institutional difficulties, which closely relate to the necessary political reform in order to liberalize people's creativity and entrepreneurship. The article will examine three major institutional challenges in this regard from legal perspective." freedom of speech, a level playing field for free market competition, and research integrity. The author argues that the Party-State's support and promotion will be insufficient to build up a society with innovative capacity when the Party-State regime itself becomes an obstacle to such development. Success of China's innovative reorientation to a large extent depends on its political and institutional reform as well as a fair and equal competitive market system.  相似文献   

14.
The Latvian government is being praised for successful national recovery from the severe economic crisis. However, the praise is followed by accusations that it is achieved at the cost of socially vulnerable populations who are still unable to recover from the economic crisis or simply decided to leave the country. Was the cost of victory too high? The question still remains to be answered," however it highlights the fact that such a problem exists. Problems and the ability or inability to resolve them are especially brought to the fore during such crisis situations and it is clear that the Latvian government model is not effective enough. The low level of public confidence level towards the Saeima and the government, frictions between coalition partners, lack of responsibiBty, unprofessionalism - are just some of the problems that characterise it. Is an executive branch reform necessary or just some improvements? Is legal regulation or legal nihilism to blame? How to make the executive branch stronger and more responsible? These questions have been addressed during recent years within the context of administrative reforms as the process of forming the government and the executive branch plays a very big or deciding role in national development. The existing system has run its course and no longer provides qualitative government which underlines the necessity for change.  相似文献   

15.
Rural religion governing and its deficiency of legal protection have become a great social concern. The researcher uses positivism and legal sociological analysis as the major methodologies in this research, making Christianity as an illustration, using massive firsthand data to analyze a situation of rural religion governing comprehensively, points out its deficiency of legal protection in Chinese Constitution and provides the frame for solving problems.  相似文献   

16.
"Offshoring" or cross-border outsourcing is a new process in the field of economy and trade. Some of the legal and economic experts mentioned it as "migration or commerce jobs" and its rise in developed countries backs to 1960s. This phenomenon is known as one of the economic processes in recent decades which are kind of currents and changes that impact other aspects of economic life,  相似文献   

17.
China has one of the longest histories of civilization in the world. In ancient China, civil disputes were solved by moral principles of Confucianism, called li (礼). Therefore, at the time of the emergence of li, privacy was indirectly protected to some extent. However, li also restrained the legal privacy protection at that time. Moreover, the substantial meaning of traditional protection for privacy is quite different from that in modern society. In consequence, it is difficult to postulate that there was legal protection for privacy in ancient China, though privacy had been indirectly protected by the theory of li. If the right to privacy is seen as a milestone in its evolution in modern society, the modern concept and protection of privacy emerged in China almost a century later than in some Western countries. 1 The first consideration for the protection of privacy in China was a judicial interpretation by the Supreme Court in 1988.2 Since then, China has been developing its own protection for privacy. This article is to explore privacy standards in both ancient and modern China with two main parts: (a) The first part discusses the privacy in ancient China, including traditional Chinese concepts of privacy, traditional Chinese protection for privacy, and its evaluation; (b) the second part examines the privacy standards and privacy protection in modern China.  相似文献   

18.
The article deals with the issue of linguistic accuracy in the broader context of teaching legal English. The development of any legal English syllabus should rely on the careful balancing of legal and linguistic emphases at every step and in every aspect of the course--from the preparatory stage of selecting learning materials to the final stages of language output. The commitment to this sort of balance is illustrated by means of accuracy-sensitive examples from the Anglo-American court practice and serves as the foundation in the development of in-class tasks and activities. Language instructors are to consistently guide the learners' progresses by providing the appropriate forms of activities and constant feedback. Teaching legal English in non-native speaking environment demands more attention to cultural issues. Defining all the elements of the course against learners' cultural background can facilitate the acquisition of legal and linguistic skills and prepare them for future encounters with other legal systems.  相似文献   

19.
China's legal education had been experiencing a rather tough way of growing up after founding of PRC and did has achieved some achievements in the early days, but the following destruction period of nearly 20 years almost ruined all of them. Since the reform and opening up, China's legal education had been rapidly recovering and developing, there had been an unprecedented thriving scene. After constantly summing up experience, reforming and adjustment, China's legal education gradually stepped into independent and scientific development mode. But with the same time, behind the prosperity scene, China's legal education is problematic both in quantity and in quality. In quantity, the biggest problem of china's legal education is its imbalanced development, lies both in regional distribution and in their charging authorities. In quality, there are four serious problems which affect its healthy development: lack of professional education idea; lack of elite education idea; lack of legal ethics education and lack of professional skill education. In the future, China's legal education should put more efforts on resolving these problems, that is to say, more efforts should be put on the quantitative balance. Meanwhile, concerning its quality, measures will have to be taken for bringing it back to the essential attributes of legal education, only by so doing can China's legal education be incorporated into the mainstream of global legal education culture  相似文献   

20.
《美中法律评论》2013,(5):420-434
A Zero Physical Punishmentpolicy had been adopted and enacted into law in 2006. Articles 8 and 15 of Educational Fundamental Act have made Taiwan become the 109th country which implements a Zero Physical Punishment policy. In the past years, people in Taiwan used to take physical punishment as a part of teachers' legitimate disciplinary power. However, physical punishment has profound impacts on students' personalities and is in contravention with educational fundamental right which centers upon students'freedom of personality development and students'right of being free from physical harms. For that matter, after the Judicial Yuan Interpretation No. 382, students are not a part of Special Power Relationship anymore. Therefore, students, as the core of educational fundamental right, have the right to reject physical punishment or the right to seek for judicial remedies after being physically punished. Also, when teachers perform their disciplinary power, they must obey the core of educational fundamental right--students'freedom of personality development. Besides, since the Zero Physical Punishment policy is the edueational prineiple in our country, the state, teachers, and parents must work together to carry it out and make schools become the appropriate places for students 'freedom of personality development.  相似文献   

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