REHABILITATION POLICY IN THE LEGAL PROTECTION OF CHILD AND RAPED WOMEN AS VICTIMS

The research focused on identifying the rules or norms of positive law, relating to Article 64 paragraph （3） letter a of Act No.23 of 2002 carried through rehabilitation efforts, both within the institution and outside the institution. The treatment between the rights of offenders and the rights of victims is equal in the criminal justice system. Positive in criminal law today is more emphasis on the protection of non-physical rehabilitation of order been done ＂in abstracto＂ or indirectly acoords legal system in Indonesia embraces the Civil Law svstem,     

TRANSFORMATION OF RESTRICTIONS AND LIMITATIONS OF AUTHORS＇ RIGHTS IN INFORMATION SOCIETY

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.     

PARTY AUTONOMY IN THE APPLICABLE LAW TO RIGHTS IN REM TO MOVABLES UNDER THE CHINESE ACT ON THE LAW APPLICABLE TO CIVIL RELATIONS WITH A FOREIGN ELEMENT： A COMPARATIVE REVIEW

It is widely recognized that a right in rein to movables is to be governed by the law where the movable is located, while party autonomy is confined to the choice of law in contractual matters. Recently there have been calls to extend party autonomy to right in the choice of law in rights in rein to movables. The 2010 Act of the People＇s Republic of China on the Law Applicable to Civil Relations with a Foreign Element （the Act） is a legislative move. The question, however, remains whether it is reasonable for mandatory property law to be left to the choice of parties, in particular in an age when transborder movement of movables is frequent. This paper analyzes the issues of party autonomy and applicable law to rights in rein to movables.     

Piracy of copyright in Pakistan and its effects

This article analyses the copyright piracy in Pakistan through International Intellectual Property Alliance Reports. Copyright piracy ratio is very high in Pakistan in last fifteen years. The article discusses the piracy situation year wise and its effects on Pakistan economy. In this way, it tries to improve the implementation of intellectual property rights. In the end, the article recommends some suggestions to improve the enforcement situation in Pakistan.     

FAILED STATED CRITICS ON PEOPLE＇S CONSTITUTIONAL RIGHTS IGNORANCE IN MORO- MORO,REGISTER 45 FOREST,MESUJI, LAMPUNG

The idea of constitutionalism requires the notion of limiting the power and rights of the people guaranteed by the Constitution. Indonesia Constitution-Undang-Undang Dasar1945 clearly provides protection upon constitutional rights of citizens. Yet, in some places where agrarian conflicts happened, constitutional rights of citizens ignorance still occurs. One of the longest conflicts in Lampung is the conflict in Register 45forest area, in Mesuji district, Lampung. This conflict has been occurring for more than eleven years and resulting in many victims. It is a conflict about control and management of Industrial Plantation Forests （HTI） involving disputes among investors, people, and government.     

THE CONCEPTUAL BASIS OF PRIVACY STANDARDS IN CHINA AND ITS IMPLICATIONS FOR CHINA’S PRIVACY LAW

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.     

A JUST LEGAL PROTECTION OF DEPOSITORS AND DEBTORS IN THE BANKING LAW

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.     

IS FREEDOM OF SPEECH POSITIVE OR NEGATIVE？

What is the nature of freedom of speech？ The First Amendment to the U.S. Constitution is often taken as an important example of free speech protection. However, the premise underlying the First Amendment is that freedom of speech is positive rather than negative. Yet such a conclusion is far from being proved. The original academic model of freedom of speech is usually understood as the model of ＂minimal government. ＂According to this paradigm, harmful speech should not be constrained but rather contested in the ＂free marketplace. ＂Allowing ＂more and better speech＂ to challenge the harmful speech seems to be the best reconciliation. But ＂more and better speech＂ could fail in some occasions as well as the marketplace theory. Does the enforcement of legal protection in such area or the interference of the government always end up in over expanding and abuse of power？ As a matter of fact, China is now facing the same challenge as the Western society. How should we reconcile the legal protection of sinking voices, the limitation of against harmful speech and the governmental power of censorship？ Through discussing the several cases in China, we try to examine the consequence of both the old and new media techniques and internet that challenge not only the authority of the traditional power but also endanger the rights of individuals.     

Pre-constitutional state of customary law in South Africa

Customary law is often criticized for being in conflict with human rights norms, mainly on the grounds that it tends not to emphasize gender equality and discriminate against women. Although customary law has not in the past emphasized equality between men and women, it cannot be regarded as completely in conflict with human rights1. As already stated, one of the principles of human rights is equality between the sexes. Customary law has the same aim as human rights, which is the protection of human dignity2. The conflict may be largely caused by the fact that, ideologically, African customary law is communal or socialist in approach, whereas human rights are based on the premise that a person has rights by virtue of his or her being an individual human being. Now that we in South Africa have a bill of rights and yet we will still have customary law, the question has been and is still being posed whether customary law is not in conflict with universal human rights. The reason for this is that one of the values that underpin our Constitution is equality.3 Customary law on the other hand does not insist on complete equality in every respect. In particular section 9 of the 1996 Constitution provides for equality before the law and for equal protection and benefit of the law, which entails the full and equal enjoyment of all the rights and freedoms. It further proscribes unfair discrimination based on the listed grounds although it allows steps to promote or advance people or categories of persons who have been disadvantaged by unfair discrimination.     

STRATEGIES AND RESPONSES TO PLAGIARISM IN SLOVAKIA

The rapid increase in the number of higher education institutions （HEI）, students, accessibility to information and communication technology （ICT） and internet penetration after 1989 and a low level of copyright and intellectual property rights awareness contributed to the growth of plagiarism at HEIs in Slovakia. In 2008, the Ministry of Education decided to establish a common national repository for bachelor, master, dissertation, rigorous and habilitation theses. The amendment to the ttEI Act dated 2009 stipulates that every thesis or dissertation of a HEI operating under the Slovak legal order shall be sent to the central repository and undergo the originality check before it is defended. The originality check of every new thesis is made against the national repository, as well as against other resources, primarily the internet ones. From 2010 to the end of March 2013, more than 235 thousand theses and dissertations have gone through this process. The quality of the solution （organisational and technical） meets the expectations and has a positive impact on the academic community. This paper describes the implementation of the Central Repository of Theses and Dissertations and of the Plagiarism Detection System into practice and the experience from their operation. ]t also analyses the impacts of the implementation on HEIs, feedback and reactions of the academia and the public, and provides recommendations regarding the prevention and detection of plagiarism. It also addresses the growth in the number of internet texts and texts in media containing the term plagi6torstvo （plagiarism） and the growth of search hits （search frequency） for this term in the period 2002-2012.     

FOCUS： PUNITIVE DAMAGES IN CHINA EDITOR＇S NOTE

Tort Law of the People＇s Republic of China provided for punitive damages for the first time in Article 47 Chapter 5, although the existing consumer protection law, contract law and intellectual property law contained similar institutions. The direct reason for the introduction of this exotic institution, imported from USA, lies primarily in the Sanlu milk powder scandal Many questions, such as its conformity with the current Chinese legal system, its application, and its likely influence on Chinese adjudication, still remain unclear.     

PROTECTION OF MALE SEXUAL RIGHTS IN THE CRIME OF RAPE

Crimes relevant to sexual offence in the current Criminal Law of the PRC, such as the crime of rape, the crime of forcible molestation and humiliation of women, the crime of indecency with a child, establish a relatively close net for protecting female sexual rights. However, the protection of male sexual rights is surprisingly neglected or disregarded. In current China, sexual offences against males （including sexual offence against a male by male and sexual offence against a male by female） are getting worse. Unfortunately, male victims of sexual offences cannot seek for legal remedy due to the lack of legal provisions. In theory, the Criminal Law needs to bring in the protection of male sexual rights. This thesis will focus on the issue relevant to sexual offences against males on the crime of rape. The authors will present increasing evidence of sexual offences against males and explore the reasons. We will analyze the necessity of amending the provisions of the crime of rape based on theoretical and practical research, and learn from the advantages of legislations of different times and places in China and other countries. We will conclude with suggestions for amending the current Criminal Law about the crime of rape in order to fill up the gap in legal protection of male sexual rights in China.     

China＇s Labor Contract Law and the liberalization of global markets： Will employees＇ rights equate to employers＇ nightmares？

Lower labor costs and realization of profits have been key components in the expansion of the global market. As we continue to witness the prolific liberalization of the global market, it is essential that we remember the importance of human capital. Workers play a paramount role in the realization of continued and sustained global market growth. Paradoxically, sustained growth in the global market is also fueled by the absence of workers＇ rights and the resulting reduction of labor costs. Thus, multi-national companies and workers employed by multi-national companies, have encountered a seeming contradiction of workplace realities. From a capitalistic economic perspective, it is necessary for multi-national companies to compete for market share and realize profits. However, in order to promote social harmony and ensure against large-scale social unrest, workers must be given basic rights ensuring economic security and workplace justice. China has enacted the Labor Contract Law to address challenges surrounding these issues. This paper will discuss the efficacy of China＇s embracing the rule of law so as to effectively enforce the Labor Contract Law. The paper will also give an overview of the concepts forming the foundation of the rule of law. Further, the paper will offer a brief comparative analysis of the United States＇ use of the rule of law in relation to resolving post-slavery labor issues. Finally, the paper will recommend a model system for use by China in enforcing the Labor Contract Law.     

THE EVOLUTION AND THE LATEST DEVELOPMENTS OF CHINESE CONFLICTS LAW FOR TORTS

The legislation of choice-of-law rules for torts has a long history in China. General Principles of the Civil Law of the People＇s Republic of China of 1986 （GPCL）, Maritime Act of the People＇s Republic of China of 1992 （Maritime Act） and Act of the People＇s Republic of China on Civil Aviation of 1995 （Civil Aviation Act）provide respectively the choice-of-law rules for general tort, maritime tort and limitation of liability for maritime claims as well as tort arising out of civil aircraft. The Act of the People＇s Republic of China on the Application of Laws in Foreign-Related Civil Relations of 2010 （PIL-Act） not only brings developments and changes to conflict rules for tort in general, but also provide choice-of-law rules for product liability, infringement of the right of personality via the internet and liability arising from an infringement of intellectual property rights, which marks that Chinese conflicts law has entered into a new developmental stage and taken on several new trends： （1） Chinese conflicts law system for torts has been basically set up; （2） Chinese choice-of-law rules for torts are becoming more and more diversified,＂ （3） the prineiple of party autonomy has been fully introduced to tort liability; and （4） judicial interpretations issued or to be issued by the Supreme People＇s Court will still play an important role in judicial practice.     

A review of developments and changes in the world＇s constitutions

The constitution is a living document, which being the case, there is a need to increase the understanding of the constitution through systematic research and teaching at various levels. This paper aims to be a catalyst that inspires creative action to claim and advance certain new constitutional rights encapsulated in various world＇s constitutions. It seeks to raise awareness of new constitutional rights. World＇s most constitutions have incorporated constitutional provisions that ensure the entrenched new fundamental human rights. The latest constitutions, including South African constitution of 1996 are advanced and have included significant number of rights which were left out in the old constitutions. The courts are given the widest possible powers to develop and forge new remedies for protection of constitutional rights and the enforcement of constitutional duties.     

A FAREWELL TO BARRIERS： TOWARDS A FLEXIBLE SYSTEM OF EXCEPTIONS IN CONTINENTAL COPYRIGHT LAW

The paper would analyze the law and economics of introducing flexibility in the system of exceptions and limitations on European Copyright Law. Such flexibility would exist in an open norm on the basis of which the courts can decide whether certain uses of copyrighted material are permissible or not, instead of explicitly defining this in the law. First, it would assess problem areas where the lack of flexibility creates legal disputes and potential barriers to innovation and commercialization. Second, it would analyze the economic rationale and economic effects of introducing flexibility. Exceptions and limitations in the current copyright system are meant to balance the protection granted to rights owners with the public interest＇s need to make certain unauthorized uses. However, this paper would identify a number of situations that do not fit well within the current set of exceptions and limitations and attribute this to a lack of flexibility. Several of these problem areas have given rise to court proceedings with varying outcomes. The interpretation given by courts to existing exceptions and limitations---such as the quotation right, the exception for transient and incidental copying, the private copying exception, and the incidental use exception--is usually too narrow to respond to new technological developments, new developments in the creation process, or new commercialization models. These types of uses generally do not fit the narrowly defined exceptions and limitations and therefore lack legal basis. The same is true for things not yet invented.     

CHINA＇S OUTBOUND MERGERS AND ACQUISITIONS IN THE U.S.

Although scholars have long studied the acquisition by American firms of Chinese firms in China, surprisingly little research has been undertaken about Chinese firms acquiring American firms in the U.S. The significance of Chinese outbound M＆A deals in the U.S. lies in its demonstration that no all-encompassing, reductive theory can apply to all M＆A deals. This is because in each M＆A deal considerations vary widely, and these variations are the result of different acquiring firms, target firms, and jurisdictions. China＇s outbound M＆A deals in the U.S. illustrate this point well for two reasons. Firstly, most cross-border M＆A activities involve acquiring firms from developed markets and target firms from emerging markets,＂ by contrast, Chinese M＆A activities in the U.S. exemplify emerging-market firms intending to acquire firms in a developed market. Secondly, and more importantly, while the objective among American firms in acquiring Chinese firms is acquiring market share for the most part, the goals of Chinese firms, by contrast, revolve around the more advanced technology and better management offered by American firms. Because China＇s outbound M＆A activities in the U.S. is a relatively new phenomenon, this article covers some important issues in this generally untapped area based on limited cases, data, and scholarly articles that are available.     

The two conceptual dififculties of specialized evidence

I am distinctively honored to be asked to deliver this address. My admiration for many of the people in this room is overlfowing. Among the Chinese are those who are, literally, responsible for facilitating the long march of China to the rule of law.1 This is no easy task, given the insanity of the Anti-Rightist Movement and the Cultural Revolution that together destroyed any semblance of a rational legal system and as a by-product extirpated, again literally, legal knowledge from China; law schools were closed and books were burned. Over the last few years, I have also come to deeply admire the efforts of the Swiss forensic scientists to establish their various ifelds on sound conceptual and empirical foundations and who are struggling with the very topic of this address, the conceptual difficulties specialized evidence poses for the legal resolution of disputes. The European Network of Forensic Science Institutes' Guideline for Evaluative Reporting in Forensic Science is both a clear statement of these difficulties and offers very helpful recommendations that if implemented would ameliorate some of them.     

The environmental rights entered in the constitutions： A critique

Although environmental law is a relatively a new field of scholarship in South Africa, it is growing rapidly. The right to access to social security including environmental rights is found in the South African Bill of Rights, is being amplified by legislative and constitutional reforms, and developing case law in the courts. There is therefore a clear need to increase the understanding of the discipline through systematic research and teaching at various levels.1 The notion of including an “environmental right” in a domestic constitution is not novel in Africa. Most African countries have incorporated a constitutional provision that ensures the right to a healthy environment. Most of the problems that exist with environmental rights under the international and regional systems are absent under the domestic South African system. The way in which environmental rights have been formulated in international instruments, section 24 of the South African Constitution has been framed as an individual right and not as a collective one. Environmental degradation often affects groups of people and it could consequently argue that the right should protect groups and not just individuals.2