网络服务提供者“知道”认定新诠——兼驳网络服务提供者“应知”论

我国目前立法规定和司法实践全面承认了应知可用于认定网络服务提供者主观知道,但学界在这一问题上却分歧很大。这一现象的产生源于对网络服务提供者提出的应知要求与其不负审查义务的共识相冲突。主张网络服务提供者应知既难以在理论上得以证成,也是对相关规定的误读。通过借助诉讼法中的推定规则,可有效证成网络服务提供者主观知道,从而实现了从起点客观事实不明到终点网络服务提供者承担侵权责任间逻辑脉络的贯通。依循这一逻辑路径,我国目前的相关立法、司法和未来学界的研究重点等都需作出相应的调整。     

Reasons for South Korean attitudes towards the death penalty: exploring the nexus between strong public support and history of misapplication

As of this writing, South Korea (officially, the Republic of Korea) is an abolitionist-in-practice nation; capital punishment is legal, but no death sentences have been carried out since a moratorium was enacted in 1997. Public support for the death penalty has decreased over time; however, the factors that determine support for or opposition to the death penalty of the South Korean general public are largely unknown. Using survey data from a nationwide sample of 416 respondents, this study examined the potential predictors for public attitudes towards capital punishment support. A majority of survey respondents (83%) supported the death penalty, a higher percentage than recent surveys of the South Korean general public. The deterrence and retribution perspectives were positively related to death penalty support, while crime severity, neighbourhood safety, the brutalisation effect, and innocence were negatively related. This study provides the first multivariate analysis of factors associated with South Korean attitudes towards the death penalty.     

Online platforms and pricing: Adapting abuse of dominance assessments to the economic reality of free products

Online platforms, which are at the forefront of today's economy, are subject to intensive competition law enforcement. However, the platform business model presents challenges for the application of competition law. Most notably, they appear to offer consumers a great number of their products for free. The explanation for most of these supposedly free products is offered by two-sided market theory: consumers may not be paying, but the ‘other’ side of the market is. This other side of the market often consists of advertisers, which pay the platform for access to the consumers’ information (to target advertisements) and attention (to show the advertisements). As many of these platforms are now potentially dominant, they come within the scope of competition law's abuse of dominance provision, including the doctrines of predatory and excessive pricing. These price-based theories need to adapt to the often price-less platform business model in order to prevent competition authorities from making both type I and type II enforcement errors. At the same time, competition law enforcement needs to consider—and at times give priority to—other branches of law that address abusive behaviour concerning free products. Through the use of case studies, this article therefore suggests ways in which abuse of dominance assessments can take into account the economic reality of free products.     

Coordination of Legal Systems by the Recognition of Foreign Judgments — Rethinking Reciprocity in Sino-Japanese Relationships

In the era of globalization, commercial transactions readily gain international dimensions and are increasingly delocalized. With a view to establishing effective dispute resolution mechanisms, it is desirable that judgments rendered in one state be recognized and enforced in other states. This is especially important in East Asia, as cross-border business activities are rapidly expanding along with its economic growth. This paper aims to examine the recognition and enforcement of judgments in civil and commercial matters in East Asia with a focus on Sino–Japanese relationships, where the establishment of a reciprocal relationship has posed a considerable challenge. It is worth considering how we can gradually pave the way towards the mutual recognition and enforcement of judgments to achieve coordination among legal systems.     

Exploring the trend of violence against women in India

ABSTRACT

India is witnessing growing violence against women including horrific rapes even in major metropolitan areas that have attracted considerable media attention. Insecurity and physical threat to women is real and a major concern. Justice Verma Commission that examined the Delhi rape case has recommended several measures including changes in laws involving crimes against women, yet little has changed. In this paper we conduct a variety of qualitative and quantitative analyses using open source data to understand the nature and extent of crimes against women in India. Police records indeed suggest a growing escalation in serious crimes against women. The paper also critically examines the efforts of the police and others, particularly non-governmental groups to combat such crimes. A number of policy recommendations are made for prevention including comparative efforts in Korea where crimes against women are similarly serious.     

儒家文化道德对韩国的深远影响

儒家文化道德传入朝鲜半岛已有2 000余年的漫长历史,早已深入人心。韩国为了继承弘扬传统儒家文化道德,提出了“文化立国”的国策,大力发展以儒家文化道德为主体的“文化产业”。不仅使以传统儒家文化道德为特色的韩国文化产业在亚洲乃至世界形成强势“韩流”,而且又拉动了国民经济的增长。当儒家文化道德面临欧美文化道德的严峻挑战时,韩国人对儒家文化道德又有了深刻的认识,并狠抓教育不放松。     

图们江地区内域经济关系的量化分析

根据图们江地区内域经济关系的量化指标,该地区各国为互助型内域经济关系。因此,在建立图们江地区绿色食品基地这一决策上,应以延吉为龙头,协手该区域各县市依次产生互补,准确定位、合理分工,为与朝俄等邻国形成绿色食品生产基地链做好准备。     

论韩国民主化进程中的地域冲突问题

在韩国民主化进程中 ,地域冲突问题呈现出恶化的趋势 ,阻碍了民主化的推进。韩国的地域冲突问题由来已久 ,根本原因是歧视性发展政策造成了地区差别。民主化进程中此问题的恶化 ,既是根深蒂固的地区感情对立借助民主化大环境进行“大释放” ,也是民主化初期民主体制尚未成熟造成的。只有消除地区差别 ,建立健全的民主体制 ,才能彻底解决地域冲突问题。     

地方性自由贸易协议

90年代以来 ,很多国家相继缔结了区域贸易协议 ,东亚地区最近也开始摸索建立FTA。但日韩之间的FTA ,因农水产品和贸易不均衡等方面的原因仍无进展。为此 ,可先缔结阻碍因素较少的“地方性FTA” ,然后逐渐扩大 ,建立日、中、韩 3国间的地方性FTA ,也就是“环黄海自由贸易地区” ,使该地区的经济联系更加紧密 ,并保证该地区的和平与安定。     

民事交易范式导论--通过对传统人性假设的再构造

从用的层面,人性善恶可以被解析并整合出6类主观行为和21种客观行为关系.唯小恶制小恶、恶大善制恶大善、小恶制恶大善3种客观行为关系符合民事交易范式.民事交易范式理论要通过其内在机制运作(监督和竞争)、外在诚信建构和完善的违反交易范式制度谴责等三个方面加以实现.