论经济法的实质正义理念

法律与正义密切相关，并紧随其变化而不断发展。由于传统民法与“形式正义”的困境，经济法及其所负载的“实质正义理念”得以产生。经济法的实质正义理念以“有限自由”和“实质平等”为基本内涵，具体体现在经济法的基本原则、调整方法和具体制度之中。其存在对经济法学和法学理论都有着重要意义，而其实现又需要相应的立法、执法和司法机制作为保障。     

International mutual legal assistance in criminal law made redundant: A comment on the Belgian Yahoo! case

This article offers a critical examination of the court judgements in a recent Belgian case against Yahoo!. It examines the challenges related to the establishment of jurisdiction for Internet-based services and the role that procedures of mutual legal assistance should play. Belgian law obliges providers of “electronic communications services/electronic communications networks” to cooperate with Belgian law-enforcement authorities and to handle over communication and personal data. Although the terms are derived from the EU Electronic Communications Regulatory Framework, a much broader interpretation to them was finally given by the Belgian Supreme Court. Seemingly this implies that, from now on, a US-based company such as Yahoo! is, at least under Belgian law, under a legal obligation to directly comply with an order issued by Belgian law-enforcement authorities.