The Niqab in Canada： Is it a charter right？

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.     

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.     

THE EXISTENCE OF LAW NUMBER 23 YEAR 2002 ON CHILD PROTECTION

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.     

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.     

TRADEMARK PROTECTION STRATEGIES IN RUSSIA

The author specializes in obtaining legal protection for trademarks and appellations of origin of goods, as well as invalidation/cancellation of the same using both legal proceedings in administrative bodies and in Courts.     

REDEFINITION OF CURRENT LEGAL MEASURES＇ ROLE AS ＂PANACEAS＂ IN DIGITAL RIGHTS MANAGEMENT PLAY

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.     

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.     

REGULATION OF ENVIRONMENTAL LIABILITY

This research is based on documentary research, with the purpose to gather information concerning the legal and regulatory environment, historical and legal background, as well as its current policy in Mexico, compared with other states, of the environmental damages in order to assess the Federal Law of Environmental Liability＇s suitability as a means of ensuring both, of obtaining the environmental damage repair, restitution or compensation; and the access to an adequate environment.     

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.     

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.     

Imagining the law and the constitution of societal order in Los Angeles Police Chief William Parker＇s 1965 ＂Crime and the Great Society＂ address

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.     

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.     

CHINA＇S INTELLECTUAL PROPERTY PROTECTION IN FRANCHISING

Since the concept of franchising was introduced into China, the franch＆ing sector has witnessed a spectacular growth in the last decade. China today ＆ the most franchised country in the world in term of number of systems. The value and success of most franchising concepts are often substantially based on intellectual property -- primarily trademarks, trade names, copyrights, trade secrets, and patents. If a franchisor is to capitalize on the exclusivity of its unique intellectual property to provide it and its franchisees a competitive advantage, legal protection of these valuable assets is essential in China and contemplated business. The tremendous development of franchising has inevitably brought forth different kinds of problems such as the franchise contract disputes, intellectual property infringement disputes, etc. The strong growth of domestic and international franchising urges the great importance of protecting the intellectual property rights （IPRs） in China today. This paper addresses the Chinese franchising law and intellectual property law, analyzing the enforcement and protection of intellectual property law in China today in combination of some judicial cases judged by the courts. With more and more serious situation of intellectual property infringements in China it is crucial for the intellectual property rights to be maintained and safeguarded, some suggestions were put forward to protect the IPRs from the franchisors ＇perspective.     

Victim impact statements and the role of the South African criminologist

This article explores the developments in the plight of victims as well as the professional role of the South African criminologists in offering assistance to victims of crime by compiling victim impact statements on behalf of victims. The VIS has a significant contribution to make in a stage of the judicial process where acknowledgement of a victim takes place after a judgment or a guilty conviction. During the trial process a victim in legal terms does not exist. It is only at this final stage before sentencing that the court will view the complainant as a victim. It is imperative that the complainant＇s voice is heard as a victim-one who has suffered loss regardless of its shape and form. The all encompassing contribution of the VIS lies in its empowering nature due to the fact that it also can contribute to crime prevention by lowering the crime rate and reducing the cyclical nature of violence and crime.     

BUSINESS SERVICES METHODS ANALYSIS OF OUTSOURCING PRACTICES IN CROSS-BORDER

＂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,     

A LEGAL PROTECTION OF THE SUGARCANE FARMERS IN THE PERSPECTIVE OF A WELFARE STATE IN THE LOCAL AUTONOMY ERA

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.     

INTERNATIONAL CONFERENCE ON ＂MODERNITY AND CHINESE LEGAL CULTURE＂ HELD AT RENMIN UNIVERSITY OF CHINA LAW SCHOOL

The legal reform of the late Qing Dynasty that took place more than one hundred years ago has usually been considered as the starting point of the transformation and modernization of Chinese legal culture. Following that, both the Republic of China＇s legal system, and the Chinese legal system drawing on Western experience since the opening-up, have been （to a large extent） developed by the purpose of pursuing modemity. Hence, the relationship between modernity and Chinese legal culture is the crucial point in understanding the development of Chinese legal system in modem times, and also a point in comprehending the ongoing legal system construction in a global perspective.     

On the protection of the inheritance of world in China in law

So far, China is in possession of 33 World Inheritances, being the third one among all the countries in the world. However, as the experiences in protecting the inheritances are concerned, China is not as successful as some other countries. As China is in the construction of modernization and large-scale infrastructure construction and over-exploitation has become a great threat to the inheritances, its present condition in China is not satisfying. This article tries to put forward some countermeasures of law to enhance the protection work in China by using for reference the successful experiences of foreign countries in world inheritance protection.     

REMEMBERING THE FORGOTTEN： INTERNATIONAL LEGAL REGIME PROTECTING THE STATELESS PERSONS STOCKTAKING AND NEW TENDENCIES

Statelessness and protection of stateless persons under public international law has not traditionally been in the forefront of academic legal research. This paper aims at drawing a picture on the legal status of stateless persons under public international law, shedding light onto the rather sporadic but noteworthy legal developments after the adoption of the core global instrument in this field, the 1954 New York Convention on the Status of Stateless Persons.