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Ye Li 《美中法律评论》2014,(12):1587-1608
Online information market has recently generated an overwhelming interest worldwide. This research paper is dedicated to the analysis online information markets. The focus in the analysis is on the similarities and differences between online information markets and internet gambling. This research paper will also examine some internet gambling legislation. unintended consequence of current  相似文献   

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戚建刚 《中外法学》2007,(5):606-621
<正>"恐怖分子最主要的危险不是民主国家无法打败恐怖分子,而是民主国家将做得过好,从而变得不再是民主。这一过度反应将导致社会变得残暴,这种残暴不仅仅会使"潜伏"的恐怖分子转变为"显现"的制度性恐怖,并会使使用暴力成为解决争议的合法形式"。  相似文献   

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It is a long debate over whether rule of law is reliable in China, when some Chinese regulations are considered to be decided for political interests rather than the law itself. Furthermore, Chinese court decisions are often criticized for not according with statutes, even though the latter are properly written. The author examines these issues by comparing the legislation reasoning and enforcement of competition law in China, the European Union and the United States, which will not lead to endorsement of or objection to the view that rule of law is properly enforced in China, but it shall be an inevitable responsibility for the Chinese judiciary to demonstrate efforts it has taken.  相似文献   

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人民陪审制的现状与未来   总被引:5,自引:0,他引:5       下载免费PDF全文
刘哲玮 《中外法学》2008,(3):433-447
<正>在我国,人民陪审制既是一项重要的诉讼制度,也是一项一度被写入宪法的宪法原则。2005年5月1日《全国人民代表大会常务委员会关于完善人民陪审员制度的决定》(以下简称《决定》)正式实施,更是以立法的形式奠定了人民陪审制在国家司法制度中的地位。然而,现实中陪审制的适用状况却令人堪忧,陪审员"陪而不审,审而不议"的现象广泛存在,在实质上颠覆了立法者对人民陪审制的设计初衷。即便是《决定》实施之后,这一局面也并未得到根本性的转变。这是为什么?人民陪审制在运行过程中出现问题的根源在哪里?其出路又在何方?现有  相似文献   

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The aim of the present paper is to highlight the unsatisfactory state of affairs obtaining in present-day Italy in relation to the use of gender-inclusive language in legislative texts. After recalling some of the main issues brought to the fore by Alma Sabatini et al.’s Report of 1987, which showed conclusively, through an analysis of the print media, that women were marginalized both in terms of gender usage and image, the paper focuses on the language of the four main Codes and of other, shorter legislative texts, showing how the masculine gender is invariably privileged, with the feminine being sidelined and/or ignored. Subliminally, this type of style relegates women to second-class citizens status.  相似文献   

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Obtaining effective rehabilitation and gaining access to full development services are fundamental for children with disabilities to fully participate in society and achieve social inclusion. A disabled child’s right to rehabilitation is specially protected by law in China and internationally. Chinese law specifically provides that the State shall ensure the enjoyment of the right of children with disabilities to rehabilitation services. This study shows that in the last five years, the rehabilitation services for children with disabilities are generally improved. But due to the incomplete protection mechanism, the right of children with disabilities to rehabilitation still could not be fully realized. This article concludes that the rehabilitation situation of children with disabilities in China presents the general feature of lacking of opportunities and structural imbalance. The Chinese government should take more responsibility to improve the rehabilitation system for children with disabilities. Specifically, the Chinese government should undertake the obligations as stated in the Convention on the Rights of the Child and Convention on the Rights of Persons with Disabilities to provide rehabilitation services for all children with disabilities. To ensure the effective implementation of the right of children with different disabilities in different areas, China shall improve the rehabilitation legal system, establish an urban-rural integral rehabilitation system, enlarge financial invest and increase professional level of rehabilitation staff.  相似文献   

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Jail and prison populations in the United States have continued to grow unabated during the past two decades but crime rates have not declined. Partly in response to the pressures caused by burgeoning correctional populations, the use of alternatives to incarceration has expanded. An ongoing debate centers on the effectiveness of these alternatives. Many criminal justice professionals and some researchers question whether such alternatives seriously restrict the criminal justice system 's ability to incapacitate the active offender. This study deals specifically with two alternatives to incarceration: probation and parole. We examine offender recidivism for a sample of probationers and parolees active in New Orleans, Louisiana, and offer a new approach to addressing the effectiveness issue. Past research has evaluated the effectiveness of alternatives by examining failure rates of diverted offenders. High failure rates, we argue, do not necessarily imply a significant loss of the incapacitative effects of imprisonment. We suggest that a more appropriate measure of the loss of incapacitative effect is the proportion of all offenses committed by persons on probation or parole. Our results suggest that such losses are surprisingly low. The policy implications of our findings are discussed.  相似文献   

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The rise in gasoline prices that followed the devastation causedby Hurricanes Rita and Katrina has led to proposals for federal"price gouging" legislation. This paper analyzes the potentialeconomic costs of such proposals in light of the experiencegained from prior episodes of gasoline supply interruptionsand efforts to impose price controls. Studies of previous spikesin the price of gasoline, including those after Katrina andRita, have consistently found that price increases were dueto the normal operation of supply and demand and not price manipulation.Studies of gasoline price controls find that neither consumersnor the economy benefit, because the apparent monetary savingsto consumers are transformed into costs of waiting or otherforms nonmarket rationing that exceed the monetary savings.Price controls also make shortages worse by reducing the incentiveto provide additional supplies. We apply these lessons to estimatethe additional economic cost that would have been incurred hadprice controls like current legislation been in effect afterthe hurricanes, and conclude that economic damages would havebeen increased by $1.5–2.9 billion during the two-monthperiod of price increases.  相似文献   

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