THE HEDGEHOG DILEMMA IN THE COURT-MEDIA RELATIONSHIP IN CHINA

This paper explains why Schopenhauer＇s ＂Hedgehog Dilemma＂ may be the most apposite metaphor for the relationship between the courts and the media. Whatever they get from each other, the media＇s role representing the public and the court＇s role representing justice are both essential to modern democracy. Therefore, their relationship has attracted attention, not just in legal and media professions, but also in public and government debate. In the last two decades, China ＇s highest court has issued judicial interpretations and guidelines to regulate the activities of the media and the court, which has brought the topic to a new level of discussion. As a drafter of these official documents, the author will comment on development in this field and their interaction with values inherent to democracy.     

TOWARDS THE RULE OF LAW OR THE RULE OF THE BOOTS？ A LIBERAL PERSPECTIVE ON DEMOCRACY AND HUMAN RIGHTS

Since the beginning of the ＂war＂ on terror, governments have implemented counter-terrorism laws and policies, in breach of their obligations under international human rights law, on account of the necessity to protect democracy against its enemies. Reliance on the human rights discourse in order to justify the violations committed renders it difficult to criticise these drawbacks without rethinking the concepts of rights and democracy and reformulating them. The present article attempts to answer this challenge along the lines of the reconstruction of the notions of liberal democracy as the rule of law and liberty, and human rights as spheres of individual sovereignty.     

WHAT SHOULD AN IDEAL E-ADMINISTRATION MODEL COMPRISE？

The dominance of computer and information technologies in the second half of the 20th century has begun to transform the conventional forms of concepts and relations in law and public administration. This transformation has beeome a trigger and an indispensable decisive factor of an ongoing change which has deep impacts on the social order. In this context, the conventional relations between citizens and administration have appeared in new forms with the emergence of the Internet and other information technologies. In administrative law, this innovation, mostly referred to as e- administration, results in changes in administration and administrative activities and applications. This change gives the signals of a start that will have deep impacts and transform both public administration and administrative law. The factors that influence the emergence and success of e-administration are the level of development, financial capability, level of infrastructure, national legislation and public support in a country. The recent global crisis has led to a decrease of acceleration in e-State applications. In international literature, Fang suggests a list of requirements for e-State and hence for e-administration. An expanded version of this list can be accepted as the ＂ideal＂ for the time being. Ten characteristics required for the good practice of e-administration are as follows：     

THE PRESS AND THE JUDICIARY： COURT AND JUDICIAL REPORTS IN THE PREss IN ENGLAND AND WALES

Western scholars have argued that image making and image management are a preoccupation of the judiciary. Images of the judiciary may take a variety of forms and be produced for kinds of audiences. One form of judicial image making and image management is live performances in the courtroom and other court settings. Another is the written judgment where the preoccupation is the style of the written text. Press and other mass media reports of judicial activity are another. The audience for judicial images is equally diverse, from fellow judges, lawyers in the courts and the wider legal community, the litigants before the courts to the executive, legislature and the public both in the courtroom and beyond. The image of the judiciary that is available to the public has a particular significance in Western rule of law democracies. As a general rule courts and the judiciary are required to operate in public and their activities must be open to public scrutiny. A recent policy manifestation of this goal is debated about confidence in the justice system and initiatives designed to improve confidence. In the majority of cases public scrutiny of judicial activity and public confidence in the judiciary relies upon the media. Objective and accurate press and media reports play a key role in shaping public understanding of the judiciary and generating or undermining confidence in that institution. Reports in regional and national newspapers have long been an important source of information, shaping public knowledge and facilitating public scrutiny of the justice system. In the UK, there is almost no scholarship on these representations past or present. The result is little known about the representation of the courts and the judiciary in press reports. Little is known about what the diligent reader of these reports can learn about judicial activity. The aim of this article is to take a first step towards changing that state of affairs. It uses a data set made up of 205 contemporary domestic newspaper reports of court and judi     

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.     

AN EVALUATION OF THE CHINESE LEGAL SYSTEM ON SUSTAINABLE DEVELOPMENT

The philosophy of binary purpose in conjunction with a holistic approach reflects sustainable development.These ideas are in accordance with Chinese traditional philosophy and culture,as well as the contemporary economic and social development.It calls for the central government's support to achieve sustainable development at the initial stage.However,in the long run,this approach has drawbacks which are concealed Thus,prompt adjustment is needed.In the relationship between the systems of sustainable development and democracy,human rights,sovereign equality of states,and sustainable development are approbated by the Chinese law system.The bottleneck of sustainable development is linked to its ideological system.Integration is related to the bottleneck of binary purposes,good governance,public participation,and human rights.The government-oriented mechanism has a time element that is related to the bottleneck of utilitarianism and basic economic law.For China's sustainable development,breaking the bottleneck to improve the system and seizing the opportunity to make innovations are of great significance.     

SIMULARIZING VIJNANA AND DESIRE,REPEATING YI AND JUSTICE： TRANSPLANTING DELEUZEAN BECOMING INTO THE MACHINE OF HONG KONG ANTI-DOMESTIC VIOLENCE LAW

The law controlling domestic violence in Hong Kong was amended in 2008 and 2009 The revised law introduces a new injunction order which can mandate that abusers attend counseling programmes, and extends legal protection to same-sex couples. As the author have argued elsewhere, the changes in the law can create （gender/sexual） justice as both issues engage with traditional Han-Chinese culture. Nonetheless, with the implementation of the new machine, the following two questions still need to be addressed. Can the changes produce justice？ What is justice？ This paper investigates, in Deleuzean terms, how the machine of anti-domestic violence law in Hong Kong creates the becoming of justice. Hopefully, the examination of this issue can also shed light on the future development in mainland China of the law controlling domestic violence.     

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.     

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DISCUSS THE SUITABLE RULE OF ELECTRONIC EVIDENCE

The traditional type of evidence collection and certification rules are more perfect in evidence law, the characteristics of electronic evidence are different from traditional evidence, which cannot all follow the traditional rules of evidence, shall be formulated for its adaptation to the rules of its characteristics. This article starts from the electronic evidence forensics and cross- examination of two parts, this paper studies the electronic evidence forensics and cross-examination rules, it puts forward the best rules of electronic evidence that shall be drawn up in China for full specification on the application of electronic evidence.     

THE EXCLUSION OR INCLUSION OF SELOBEDU LANGUAGE FROM SOUTH AFRICAN CONSTITUTION AS AN OFFICIAL LANGUAGE： A COMPARATIVE ANALYSIS

This paper demonstrates the challenges faced by the Commission for the promotion of Rights of Cultural, Religious and Linguistic Communities. This is one＇of the Chapter 9 institutions in the South African Constitution with a mandate to guard democracy. Languages play a crucial part in promoting and attaining the goals of building democracy and nation. It also protects and develops South African uniquely diverse culture. The use and development of languages is closely linked to the development of culture and identity. This paper also refers to other relevant Acts passed by the state which regulate culture and languages. This paper further endeavours to thoroughly scrutinise the relevant provisions of the South African Constitution which either expressly or impliedly refers to the use of languages, and further examines whether the exclusion of the Selobedu language an official language in the Constitution violates or triumph upon those rights. It further makes comparative study with other countries, especially with countries where the constitution stipulates the official languages of that country, and also differentiates between an official and national language.     

The freedom of navigation in international law and the utility of international society discourse

In the international law of the sea, the emergence of new actors and systems influencing relations between states has lead to evolving rules and calls for the redefinition of the traditional issues such the allocation of jurisdiction and rights to states in its maritime zones. In the maritime domain, this is seen thrice in the evolution of the various maritime zones in the United Nations Conferences for the Law of the Sea （UNCLOS I, II and III）. In the maritime domain, there are certain actions that are not dependent on any state＇s consent. One of such is the rule of freedom of navigation. This paper, argues for the possibilities of concomitance between international law and studies in international society based on the growing recognition of the importance of examining the sociological and historical element in rule development. This paper focuses on a rule in the international law of the sea with the aim of determining the extent to which norms have caused changes in rule development, if any. This method, known as the English School method of international relations, acknowledges the benefits of international law positivism in highlighting generality with the benefits of a normative discourse in highlighting alternatives and the utility of compliance. So, although the maritime domain is rooted in a state system, one where the parts interact as a whole, a branching-out analysis towards the normative discourse in the development of this rule will facilitate more understanding, as the case-specificity of most issues in the maritime domain cannot be overemphasised.     

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.     

THE PROCEDURE OF PLEA BARGAINING IN ROMANIA A NEGOTIATION OR JUST A FORMAL INSTITUTION？ THE COMMON LAW SYSTEM

Entry into force of the law No. 202/2010 regarding some measures to accelerate the settlement of the process, already raises a number of problems of interpretation. According to the Explanatory Memorandum of Law 202/2010 states that： ＂Unlike the other laws, the law No. 202/2010 comes into Romanian legislative with the aim of speeding criminal proceedings as well as to prepare the implementation of the new codes, some of the regulations contained in future coding being found in this law.＂ In this respect, in the explanatory memorandum to the bill, it was noted that ＂from the major failures of justice in Romania, the harshest criticism was the lack of celerity in solving cases. ＂ As often judicial procedures prove to be heavy, formal, expensive and lengthy, it was recognized that judicial effectiveness of justice consists, largely, in the speed with which the rights and obligations enshrined in judgments are part of the juridical circuit, thus ensuring the stability of legal relations to be decided. The introduction of simplified procedure of admission of guilt in the Criminal Code, now in force, was justified in the explanatory memorandum, among others, by Article 6 paragraphs 3 letter d） of the European Convention which guarantees the defendant the right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses under the same conditions as witnesses against him. This right has a relative character,＂ the defendant may give up his pursuit before an independent and impartial tribunal, and elect to be tried based on the evidence administrated in criminal prosecution. In this respect, the Strasbourg Court stipulated that the defendant has the opportunity to waive the right guaranteed by Article 6 paragraph 3 letters d） of the European Convention and, consequently, he cannot claim that this right was violated, if the sentencing court based its decision on the statement made during prosecution of a witness （anonymously） in whose defendant waived hear     

ELECTRONIC PROXY SOLICITATION AND RELEVANT REGIME CONSTRUCTION OF SHAREHOLDER DEMOCRACY IN CHINA

Shareholder democracy reflects the very nature of company.There are many legal mechanisms for shareholders to exercise their rights,one of which is electronic proxy solicitation.Internet technology has provided a great facility for corporate governance and shareholder democracy.This paper advocates that electronic proxy solicitation will improve shareholder democracy effectively,and China should establish a relevant legal regime.It discusses the feasibility of establishment and the mode of legislation on electronic proxy solicitation regime,and proposes a preliminary definition of the rules of electronic proxy solicitation regime in China.     

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.     

REVIEW OF THE US FINANCIAL REGULATION BILL——A LARGE-SCALE RISK CONTROL UNDER MIXED REGULATORY FRAMEWORK

When President Obama signed "Dodd-Frank Wall Street Reform and Consumer Protection Act," the US financial regulatory reform was basically outlined.This paper focuses on the evaluation of this reform with regard to the "Eye of the Storm" of the subprime crisis and summarizes the main contents of the bill.Studies suggest that this is a successful financial regulatory reform and the widest range of financial regulatory reform since the last century's "Great Depression," in that the bill has established a new framework of risk management with the characteristic of mixed regulation.     

The transformation of Liangshan Yi marriage law

The traditional Liangshan Yi society was strictly stratified, and Yi law reflected this by stipulating the rule of marriage within the same rank, the violation of which would be forced to commit suicide. The rank system was abrogated in the Democracy Reform, the rule of marriage within the same rank has been criticized and abolished in the following Political Movements, however, it still predominates Yi people＇s marriage life. The radical political measures to abolish the traditional institutions have met failure in spite of the fact that the Liangshan Yi law has transformed due to both the political power relationship and market economy.     

RELIGIOUS MINORITIES IN THE MEDIA SPACE OF THE REPUBLIC OF CROATIA

The roots of armed conflicts that spread over the territory of the Former Yugoslavia in 1990＇s had been largely connected with the religious differences among members of the Orthodox Church （Serbs and Montenegrins）, the Catholic Church （Croats） and Muslims （Bosniaks）. During the time of war in the involved States （Croatia, Bosnia and Herzegovina, Serbia and Montenegro）, the media significantly contributed to spread hatred and intolerance among religious groups. In the post-war period, the situation has gradually improved. So nowadays, there is a complex network of laws and rules intended to protect and respect the rights of religious minorities in Croatia. Moreover, a wide range of laws regulate the rights of religious minorities access to the Croatian public television and radio. However, despite a well-defined legal framework, religious minorities continue to be dissatisfied with the way the media deal with religion and relevant issues in practice. Their plea for impartial and neutral media is easy to undarstand if we take into consideration the fact that the media have an utmost importance in raising public awarness in the area of rights of religious minorities, the improvement of their status and tolerance of majority population in that respect.