INTERNET SERVICE PROVIDERS＇ LIABILITY FOR PERSONAL DAMAGES ON SOCIAL NETWORKING WEBSITES

The increasing popularity of the Internet in recent times brought profound changes to the society as a whole. Communications mediated by computers are now a consolidated reality in large parts of the world. And the virtual social networks are confused by many with the Internet concept itself. In turn, the Brazilian legal system lacks specific legal rules to address the legal relations taking place within its scope. And the case law is increasingly facing the subject. Within that framework, the doctrine＇s role is emphasized. Therefore, this article aims at investigating the civil liability for consumer accidents occurred in social networking websites on the Internet. After describing the virtual universe＇s peculiarities, this paper intends to approach the consequences when consumer accidents occur, since those accidents, considering the technological complexity of that environment, stress the obvious vulnerability of the consumer even more.     

BUYER＇S REMEDIES AND CURE BY SELLER A STUDY OF THE HARMONIZATION OF EUROPEAN SALES LAW FROM THE PERSPECTIVE OF COMPARATIVE PRIVATE LAW

The development of e-commerce and the desire for the development of the integrate inner-market leads to a high regulatory need, the European legislators finally seek to the approach of harmonizing the contract law and draft out the Proposal for a Common European Sales Law （CESL）. However, this regulatory instrument is still faced with heavy criticism and the unknown fate in the future. This paper will analyze the commercial transactions in Europe from the perspective of comparative private law under the framework of CESL, Contracts for the International Sale of Goods （CISG） and German provisions on sales contract and hope to provide reference for the participants or those who have potential investment intention on the European market.     

BURDEN OF PROOF AND PRIMA FACIE CASE IN WTO DISPUTES SETTLEMENT—A PERSPECTIVE OF CHINESE LAW

This paper discusses the concept of burden of proof and prima facie case,respectively,in WTO dispute settlement based on the legal doctrine on burden of proof in Chinese law.From the perspective of Chinese law,the burden of proof has three implications on two levels,namely the behavior burden of production and the behavior burden of persuasion in the procedural sense,and the result burden of bearing unfavorable consequence in its substantive sense.A prima facie case also includes the weaker account and the stricter account.They do not mean the same in different contexts,but what is the exact meaning thereof in a given context is clear.The real confusion of the burden of proof in WTO dispute settlement is prima facie standard which,in practice,to some extent,relies on the determination by the panel on case-to-case basis.     

RULE FOR PREFERRED STOCK IN CHINA: OVERTHROW OF THE PRINCIPLE OF “EQUAL SHARES,EQUAL RIGHTS”? — FROM A COMPARATIVE PERSPECTIVE

The principle of “equal shares, equal rights” was established by the Company Law of 1993 of the People’s Republic of China. At the initial stage only issuance of common stocks was allowed and the issuance of preferred stocks was interpreted as prohibited. The Company Law of 2006 has changed the rigidity of provisions of the Company Law of 1993 and laid down the legal foundation for issuance of preferred stock. The Rule for Administration of the Pilot Project for Preferred Stocks released on March 21, 2014 by the China Securities Regulatory Commission started the issuance of the preferred stocks in the Chinese capital market. The establishment of the legal system for issuance of preferred stock in China is not the symbol of overthrowing the principle of “equal shares, equal rights,” but the expansion and development of the principle of “equal shares, equal rights” in a new era.     

THE REALITIES OF LAW ARE THE WINNING NARRATIVES — BASIC THESES FOR A REALISTIC AND RHETORICAL PHILOSOPHY OF LAW

This article begins explaining the Aristotelian reduction of rhetoric to persuasion, which came to determine Western tradition until modern times. To understand Aristotle’s methodology the author then wants to discuss the concept of enthymeme, the “rhetorical syllogism,” in Aristotle’s own words. In order to try a realistic critique on the Aristotelian rhetoric, more adequate to a rhetoric of modern law, the author will suggest three epistemological points of departure, three theses, and the three levels of rhetoric that support them.     

THEO-POLITICAL DOMINANCE OF AFRO- PENTECOSTALISM IN THE 21 ST CENTURY： LESSONS FROM THE KENYAN SOCIO-ECCLESIAL CONTEXT

The article seeks to build the case for the rise of afro-Pentecostalism, as the dominant ecclesiastical paradigm in the Kenya of the 21st century; which has now surpassed the traditional ecclesiological axis （refer to Catholics, Anglicans, Methodists, Presbyterian and other mainline churches）. Their social influence can no longer be underestimated as they have also abandoned their traditional exclusivist approach to inclusive and holistic approaches in dispensing their spirituality discourses. Following Kenya＇s independence from the British, in 1963, the mission churches continued with their holistic and socially influential ministries to the last half of the 20th century. In the twenty-first century however, the article argues, Pentecostalism, which has repackaged itself as the ＂real＂ guardians of the African heritage and spirituality has however taken over some of the critical socio-political roles previously dominated by some of the mainline churches. In its methodology, the article surveys the changing patterns of Pentecostalism wherein its ability to capture African ethos of wholeness where religion provides solution to every life problem, such as disunity, health and economy among others--is now manifest. Does afro- Pentecostalism have any relevance in the post August 2010 Kenyan national referendum which ushered in a new socio-political dynamics following the promulgation of the new constitution？ Addressing cuttingedge issues facing the African society, without necessarily losing their gospel constituency makes the emerging Christianities become afro- Pentecostalism. The article covers a wide range of issues, scholarly literature and reports （including newspaper articles and blogs etc.）, and other background materials. Formal methods employed focused on short surveys and semi-structured interviews; informal observations and meetings that complemented these methods.     

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.     

DO RETURNING PAROLEES AFFECT NEIGHBORHOOD CRIME? A CASE STUDY OF SACRAMENTO*

This study used a unique data set that combines information on parolees in the city of Sacramento, CA, over the 2003–2006 time period with information on monthly crime rates in Sacramento census tracts over this same period, providing us a fine‐grained temporal and geographical view of the relationship between the change in parolees in a census tract and the change in the crime rate. We find that an increase in the number of tract parolees in a month results in an increase in the crime rate. We find that more violent parolees have a particularly strong effect on murder and burglary rates. We find that the social capital of the neighborhood can moderate the effect of parolees on crime rates: Neighborhoods with greater residential stability dampen the effect of parolees on robbery rates, whereas neighborhoods with greater numbers of voluntary organizations dampen the effect of parolees on burglary and aggravated assault rates. Furthermore, this protective effect of voluntary organizations seems strongest for those organizations that provide services for youth. We show that the effect of single‐parent households in a neighborhood is moderated by the return of parolees, which suggests that these reunited families may increase the social control ability of the neighborhood.     

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 APPLE DOESN'T FALL FAR FROM THE TREE (OR DOES IT?): INTERGENERATIONAL PATTERNS OF ANTISOCIAL BEHAVIOR—THE AMERICAN SOCIETY OF CRIMINOLOGY 2008 SUTHERLAND ADDRESS*

There is a growing literature on intergenerational studies of antisocial behavior and a growing understanding of the unique contributions they are likely to make. At the same time, the field has yet to agree on core design features for intergenerational study. In this article, I propose a set of defining design elements that all intergenerational studies should meet and I discuss the advantages of these studies for enhancing our understanding of the onset and course of delinquent careers. I then use data from the ongoing Rochester Intergenerational Study to illustrate these points and the potential yield of intergenerational studies. In particular, I examine intergenerational continuities in antisocial behavior and school disengagement, test the cycle of violence hypothesis to see whether a history of maltreatment increases the likelihood of perpetration of maltreatment, and estimate a structural equation model to help identify mediating pathways that link parents and children with respect to antisocial behavior.     

CHALLENGES OF DEVELOPMENT IN BURUNDI： A CASE STUDY OF PROTECTION OF REFUGEES AND IDPS IN POST-CONFLICT RECONCILIATION AND TRANSITIONAL JUSTICE

Violations of human rights and genocide in Burundi are among the most contentious issues which continue to attract the attention of academic discourse. This paper is concerned with the question of human rights violations in Burundi from a historical and comparative perspective. It seeks to trace the root causes of Burundi＇s sullied human rights record over 52 years since independence from Belgium in 1962, the role of the military in human rights violations, including mass killings of civilians and extra-judicial executions of political opponents and the fact that the post- conflict constitutional architecture has not succeeded in establishing accountability and responsibility for these violations; in providing truth, justice and reparations to the victims and in putting an end to the culture of impunity which seems to be entrenched in Burundian society. Moreover, by analyzing critically the results from interviewing 113 Burundians and 16 non-Burundians, this paper argues that there will be no political stability enduring peace without addressing these issues in a comprehensive manner.     

CONSTRUCTION OF A GOVERNMENT UNDER THE RULE OF LAW — AN OVERVIEW OF REPORT ON CHINA LAW DEVELOPMENT 2014: CONSTRUCTION OF LEGAL GOVERNMENT

At the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China (CPC), the Decision of the Central Committee of the CPC on Some Major Issues concerning Deepening the Rule of Law 2014 was passed and delineated the direction for the research of our nation’s construction of a government under the rule of law. For years, the government at various levels and administrative agencies adhered to conducting work on the legal course under the CPC’s leadership, actively promoting administration according to law, and constructing a government under the rule of law, and have made enormous achievements. However, there many difficulties still co-exist, along with challenges and opportunities. By adopting theoretical and empirical research approaches such as data analysis, normative analysis, interviews and investigations, questionnaires, counter-measure research, and case studies, this article discusses and conducted systematic and in-depth research on the theoretical framework of the construction of a government under the rule of law from macroscopic, to microscopic aspects. This article outlined the basic contexts and realistic vision for China’s construction of a government under the rule of law, which can provide active implementation of the project of construction of government under the rule of law with a basis in theoretical reference.     

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     

TOWARDS A NEW CONCESSIONS REGIME IN THE EU： ABOUT THE MERITS AND SHORTCOMINGS OF THE CONCESSIONS＇ DIRECTIVE

The European Commission published a proposal at the end of2011 for a self-standing directive on the awarding of concessions in the context of the revision of the public procurement framework. With the aim of harmonizing rules and developing minimum standards based on the EU primary law and ECJ case law, the purpose of the proposed directive was, according to the Commission, to ensure more transparency and legal certainty in all Member States in awarding concessions and enhance the development of PPPs （Public-Private Partnerships） 1 However, negotiations on the proposal for a concessions directive proved to be difficult. The text2 finally adopted on February 26, 2014 stems from three compromises： 1. Within the European Commission, between a fully fledged approach and a so-called ＂light approach ＂; 2. within the Council between Member States in favor of a detailed directive for the sake of easy transposition, and Member States reluctant to the very directive, whose added value was challenged either by fear of amending their own existing national legislation on concessions or, conversely, by fear of putting at risk existing contracts awarded without open tender; 3. within the European Parliament, as the rather technical issue of public procurement became a politically driven debate on both the principle of subsidiarity and the legitimacy of private operators to manage services of general interest. As a result of a complex deal brokered by the Commission, the Council and the European Parliament, the main merit of the directive is its existence. In the light of the numerous exclusions to its scope, it remains to be seen whether some of its promising provisions regarding the definition, the award and the life of concessions will facilitate on the ground the development of transparent, performing concessions projects. At the end of the day, options to be embraced by the Member States for the transposition of the concessions directive will be a key element in the success and use of the new legal concessions reg