Law and Humanities ISSN Print: 3079-5117 ISSN Online: 3079-5125
On the legal problems and countermeasures in the conclusion of electronic contracts — taking e-commerce platform transactions as an example
With the deep integration of the digital economy, e-commerce has become a core form of social commodity circulation, and electronic contracts, as the legal cornerstone of e-commerce transactions, are crucial to maintaining transaction order. Taking e-commerce platform transactions as the research object, this paper systematically explores the legal basis, practical models, and prominent problems in the formation of electronic contracts. It is found that the current legal predicaments mainly include difficulties in confirming contractual parties, doubts about the authenticity of intent expression, conflicts between standard terms and consumers' rights and interests, insufficient probative value of electronic evidence, and obstacles in the application of law in cross-border transactions. Combined with typical judicial cases, this paper further analyzes the judicial determination rules for related issues and proposes targeted countermeasures from four aspects: improving the legislative and regulatory framework, enhancing the standardization of electronic evidence, optimizing the mechanism for users' expression of intent, and strengthening the protection of consumers' rights and interests. The research aims to improve the legal regulation system of electronic contracts, resolve transaction risks, and provide theoretical support and practical reference for the healthy development of the e-commerce industry.
Copyright (c) 2025 by author(s) and Erytis Publishing Limited. https://creativecommons.org/licenses/by-sa/4.0
The Legal Dilemma of Intellectual Property Protection in Emei Martial Arts and its Mitigation Strategies
From a legal perspective, analyze the connotation and logical relationship of intellectual property rights in Emei martial arts, point out the Legal dilemma in protecting Emei martial arts intellectual property rights, and then propose solutions to the problems. The study believes that the intellectual property rights of Emei martial arts refer to the intellectual property rights based on the intellectual achievements and commercial logos of Emei martial arts. The legal dilemma in the protection of intellectual property rights in Emei martial arts mainly manifests as follows: the identity of the rights subject of intellectual property rights in Emei martial arts and the intangible cultural heritage of Emei martial arts is the root cause of the conflict between public and private interests; to some extent, the sports nature of the intellectual property rights of Emei martial arts has influenced the legal recognition of this part of Emei martial arts intellectual property rights in the academic community; the inadequacy of the legal system is the fundamental reason why the intellectual property rights of Emei martial arts are difficult to obtain comprehensive protection. Based on this, the study proposes that technological innovation is a logical prerequisite for the protection of intellectual property rights in Emei martial arts. It can be achieved by extracting the classic techniques of Emei martial arts, constructing representative martial arts routines, and creating Emei martial arts competition projects; The improvement of the legal system is the legal foundation for the protection of intellectual property rights in Emei martial arts. In this process, it is necessary to particularly strengthen the important position and role of the Sports Law in the protection of intellectual property rights in Emei martial arts, and improve the basic position and auxiliary function of relevant intellectual property laws in the protection of intellectual property rights in Emei martial arts; The enrichment of theory is a powerful argument for the protection of intellectual property rights in Emei martial arts. Strengthening theory must be combined with the characteristics of sports, in order to build a solid legal foundation for the protection of the object of rights. In addition, the protection of intellectual property rights in Emei martial arts should focus on benefits, which requires balancing public and private interests and promoting the realization of public welfare through private rights protection
On the Modernization of Cross-Jurisdictional Regional Economic Rule of Law — Taking the Guangdong-Hong Kong-Macao Greater Bay Area as the Entry Point
Since the launch of the construction of economic regions such as the Guang-dong-Hong Kong-Macao Greater Bay Area (GBA), propositions including region-al economy and regional economic rule of law have attracted considerable at-tention. As a cross-jurisdictional economic region, the GBA features differences among various entities in terms of legal systems, economic policy formulation, and supervision of economic activities. How to coordinate the economic devel-opment of different regions through the rule of law has become the primary is-sue for the GBA’s development. The regional economic rule of law in the GBA should establish an inclusive legal system, balance the interests and legislative powers of various entities, thereby ensuring the gradual implementation of co-ordinated regional economic development. It is also necessary to promote the regional economic legal system guided by the philosophy of "Community with a Shared Future for Mankind," so as to provide a reference for the construction and connection with global economic law in the future.
Guangdong-Hong Kong-Macao Greater Bay Area (GBA)
Interpretation of the System of Acceleration of Shareholders' Capital Contribution
Article 54 of the 2023 Company Law adds the acceleration of shareholders' capital contribution in non-bankruptcy and non-dissolution situations, which changes the scope of application and legal effects of the acceleration of shareholders' capital contribution to solve the problems caused by the comprehensive subscription system. However, the provisions of Article 54 are highly concise and generalized, and their meanings need to be further interpreted and clarified. Under the current system of limited liability company registered capital with a time limit for subscription, shareholders enjoy term interests, but their term interests have certain boundaries, that is, the company can pay off due debts; otherwise, the company or the creditor with due claims has the right to request the acceleration of shareholders' capital contribution. The applicable condition for the acceleration of shareholders' capital contribution, "unable to pay due debts", should adopt the non-payment theory, i.e., the standard of cessation of payment. The legal consequence of the acceleration of shareholders' capital contribution shall be that the shareholder directly repays the creditor within the scope of his unpaid capital contribution.
Research on Antitrust Compliance Incentives for Digital Economy Platform Enterprises
The development of the digital economy has brought opportunities, but also triggered many risks and challenges, and antitrust law enforcement and super-vision have become more complex. The construction of the antitrust compliance system of digital economy platform enterprises not only realizes the full process of antitrust supervision before, during and after the event, but also promotes enterprises to consciously comply with laws and regulations and optimize the business environment. The "Antitrust Compliance Guidelines for Operators" (2024) adds "Compliance Incentives" in the form of a special chapter to effec-tively resolve the problem of insufficient endogenous motivation for corporate compliance construction. At the same time, digital platform enterprises should further strengthen and improve the construction of the antitrust compliance system in accordance with the guidelines to maintain a fair and competitive market order.
From Value Origin to Path Exploration in Contemporary Rule of Law Practice
The relationship between law and humanities constitutes a core proposition in legal research, as the two share a common value origin while exhibiting complex tensions in practice. From the perspective of "dialectical integration," this paper traces the interactive trajectory of law and humanities in historical evolution, revealing the central role of humanistic spirit as the foundation for the legiti-macy of law, as well as the function of law as an institutional carrier to safe-guard humanistic values. By analyzing the manifestations of their conflicts in China’s contemporary rule of law practice—such as the neglect of individual differences in mechanical justice and the dilution of humanistic warmth in technocratic law enforcement—and combining typical cases in criminal, civil, and administrative fields, this study explores the causes of these conflicts and their resolution mechanisms. It proposes that to achieve integration of law and humanities, it is necessary to embed a humanistic evaluation dimension in leg-islation, cultivate context-based judicial thinking in judicature, and practice the concept of flexible governance in law enforcement, ultimately constructing a socialist rule of law system with Chinese characteristics that combines the ri-gidity of rules and the warmth of humanity.
Research on the Development Status of Export Tax Rebate Fraud Policy
Export tax rebate policies hold a key position in international trade and are an important means for the state to support foreign trade. Export tax rebate fraud involves criminals exploiting national export tax rebate policies to illegally obtain refund funds through fraudulent means. This behavior not only disrupts the national taxation system but may also disturb market balance, affecting fair market competition and economic stability. Currently, academic research on export tax rebate fraud is relatively scarce. Therefore, this paper focuses on the behavior of export tax rebate fraud by reviewing national policies, legal documents, and case analyses. It summarizes several issues in China's legal handling of export tax rebate fraud, including insufficient legal basis, inadequate punishment measures, and the need for further refinement of work processes. The article then proposes a series of improvement measures, such as strengthening legal support, increasing punishment severity, and optimizing work processes, to form a comprehensive prevention and control system that includes 'pre-event warning, in-process verification, and post-event tracing.' The aim is to provide references for the formulation and implementation of relevant policies to reduce instances of export tax rebate fraud and protect national interests and market order.
Study on the Modernization of the Court's Trial Capacity
The people's courts, as trial organs, have an important role in the national judicial system. General Secretary Xi Jinping stressed that it is necessary to accelerate the modernisation of the national governance system and governance capacity, and strive to form a more mature and more established socialist system with Chinese characteristics. And the modernisation of the trial system and trial capacity is an important part of the modernisation of the national governance system and governance capacity, and with the sustained and healthy development of society and economy, the promotion of the modernisation of trial capacity has become a crucial task. However, in practice, there are still certain deficiencies and problems in the trial capacity of Chinese courts. For this reason, the modernisation of trial capacity should be promoted through improving the professional level and trial capacity of judges, reforming the judicial management system and the supervision system, improving the technical support and innovative application, and strengthening international exchanges and cooperation, in order to promote the modernisation of the trial capacity, and to advance the modernisation of the national governance system and governance capacity.
Protection of Weak Parties' Interests in Private International Law
After the conflict law revolution, based on the critique and reflection on the old legal choice methods, Private International Law has shifted from the initial pur-suit of formal justice to a value orientation of substantive justice, thus giving rise to the principle of protecting the interests of weak parties. The weak in Pri-vate International Law specifically refer to vulnerable groups restricted in legal choice and dispute resolution, whose entitled rights are difficult to realize due to unequal status in contract negotiations, mainly manifested in foreign-related consumer contracts, labor contracts, and product quality tort cases. China's leg-islation on Private International Law has also been influenced by the concept of weak parties' protection, but it does not clearly demonstrate a result-oriented approach to protecting weak parties, with low operability. This paper aims to analyze China's current legislation, point out existing deficiencies, and propose reasonable improvement suggestions to promote the perfection and develop-ment of the principle and system of weak parties' protection in China, and effec-tively safeguard the rights and interests of weak parties.
A Study on the Disputes over Arctic Shipping Routes under the United Nations Convention on the Law of the Sea
The geopolitical game between the United States and Russia in the Arctic ship-ping routes has led to a security crisis in the region, and the 2022 Ukraine crisis has further exacerbated the risk of conflict there. The United Nations Conven-tion on the Law of the Sea (UNCLOS) system has issues such as different inter-pretations and applications regarding the innocent passage of warships in terri-torial seas, the legal status of Arctic shipping routes, and navigation rights. In the geopolitical game in the European Arctic, major powers may exploit these international law rules to take military actions and achieve political goals, in-creasing the risk of armed conflicts. However, the existing regional cooperation system is insufficient to mitigate such security risks. In addition, the Ukraine crisis has caused geopolitics to dominate regional international relations, which not only increases security risks but also raises the attention of relevant coun-tries to international law. In the future, international laws such as UNCLOS may become important tools for maintaining peace and stability in the Arctic ship-ping routes.
United Nations Convention on the Law of the Sea
Research on the Construction of Criminal Character Evidence Rules in China
Although the current criminal law does not specifically regulate character evi-dence, its application is quite common in judicial practice. In the Lao Rongzhi case, the defendant presented character evidence to the first-instance court, stating, "I have never killed a chicken or a duck in my life," to prove her kind and caring character, asserting that she could not have committed the crime. In the second instance, the defense lawyer even submitted an interview with a friend of Lao Rongzhi, in which the interviewee stated, "In my impression, Lao Rongzhi was kind and not vain." The procuratorial organ recognized the above character evaluations and personality descriptions as character evidence, deeming them irrelevant to the case. The Supreme People's Procuratorate clear-ly stated in the Guidelines for People's Procuratorates on Carrying out Sentenc-ing Recommendation Work in Cases of Pleading Guilty and Accepting Punish-ment issued in 2021 that evidence involving character traits should not be used as the basis for conviction in principle. However, if such character is related to the crime, it should be comprehensively considered as a discretionary sentenc-ing circumstance. These evidences involving moral and character aspects, alt-hough they cannot be the basis for conviction in the litigation process, can still strive for leniency opportunities for the defendant. Based on the characteristics of China's legal system and judicial practice, this paper analyzes the basic theory of character evidence rules, draws on the expe-rience of foreign legal systems, analyzes the application status of character evi-dence in China's practice, explores the feasibility of applying character evidence rules and the problems existing in the application process, and puts forward countermeasure suggestions for constructing character evidence rules.
Research on the Perfection of the System of Prohibiting Repeated Litigation in Civil Procedure
The system of prohibiting repeated litigation plays a significant role in civil liti-gation, aiming to maintain judicial order, protect the rights and interests of par-ties, and improve litigation efficiency. Although China has stipulated the prohi-bition of repeated litigation in relevant judicial interpretations, it still faces many dilemmas in both theoretical and practical aspects. Through theoretical analysis of the system of prohibiting repeated litigation, this paper discusses its concept, origin, relationship with related concepts, and judicial value. Com-bined with the current situation of the system in China, it deeply analyzes the problems existing in legislative identification standards and judicial safeguard measures. Drawing on the experience of the two major foreign legal systems, it puts forward legislative improvement suggestions such as clarifying the scope of case subjects, improving the theory of the object of litigation, adopting the the-ory of litigation pendency, and supplementing the theory of issue preclusion. It also proposes directions for improving judicial safeguard measures, such as ac-celerating the establishment of a shared case-filing information network plat-form, supplementing guiding cases, and refining the judge's explanation system, so as to promote the continuous improvement of China's system of prohibiting repeated litigation.
Research on the Exclusion Rule of Illegal Evidence in Administrative Litigation
With the continuous development of administrative management, illegal evi-dence collection in administrative law enforcement has led to an increasing number of infringement cases, intensifying conflicts between administrative counterparts and law enforcement personnel, which runs counter to the con-cept of administration according to law. Administrative litigation involves the people's court examining the legality of administrative acts by taking the evi-dence of specific administrative acts as a clue. Whether evidence should be ex-cluded as illegal directly affects the trial result, making this rule crucial in ad-ministrative litigation. Improving this rule is conducive to realizing the princi-ple of respecting and protecting human rights and promoting procedural justice. The exclusion rule of illegal evidence itself contains important procedural val-ues, prompting administrative organs to act more fairly in accordance with the law, enhancing law enforcement efficiency, and enabling judicial organs to re-solve disputes more effectively. This paper comprehensively analyzes the concept and value of the exclusion rule of illegal evidence in administrative litigation, elaborates on its manifesta-tions, and compares it with exclusion rules in other procedural laws to identify advantages and loopholes. Through analyzing numerous cases on China Judg-ments Online, it reveals that although the rule has constitutional and legal sup-port, legislative ambiguities and lack of operability lead to practical issues. The paper proposes solutions from substantive and procedural perspectives to refine measures, promote the scientific development of the system, and contribute to the improvement of the rule of law.
Research on the Standard of Proof in the Procedure for Excluding Illegal Evidence
As a key mechanism to safeguard judicial justice and curb extortion of confes-sions by torture, the setting and application of the standard of proof in the pro-cedure for excluding illegal evidence directly influence the realization of proce-dural value. China's Criminal Procedure Law and related judicial interpretations have established a proof system centered on the "duality standard," but in judi-cial practice, problems such as vague initiation standards, unclear allocation of the prosecution's burden of proof, and the absence of typological standards for evidence still exist. Based on the theory of the correlation between the standard of proof and the burden of proof, this paper systematically discusses the "rea-sonable doubt" standard for the defense to initiate the procedure and the prose-cution's dual standards of "confirming illegality" and "inability to exclude ille-gality" by analyzing the logical transformation of the object of proof and com-parative legal experience. Combining typical cases such as the "Zhang Guoxi Bribery Case" and the "Guo Zongkui Drug Trafficking Case," it reveals the prac-tical dilemmas in the application of the standard of proof in current judicial practice, and proposes improvement paths from four dimensions: clarification of operational guidelines, refinement of application rules, strengthening of ty-pological research, and enhancement of judicial cognition, so as to provide the-oretical support for the standardized operation of the procedure for excluding illegal evidence.
Study on the Prevention and Control of Wrongful Convictions in the Application of the Plea and Penalty Leniency System
As a major reform measure in the field of criminal justice in China, the system of pleading guilty and accepting punishment with leniency has effectively improved the efficiency of litigation and optimized the allocation of judicial resources by encouraging suspect and defendants to voluntarily plead guilty and accept punishment with leniency. However, in the process of institutional practice, there are hidden risks of wrongful convictions due to lax control of evidence review standards, insufficient voluntary protection for the accused, and lack of effective legal assistance from duty lawyers. Based on the theoretical exploration of the application of the leniency system for confession and punishment in the prevention and control of wrongful cases, this paper deeply analyzes the internal mechanism of wrongful cases. From the dimensions of strengthening the rigid constraints of the principle of evidence judgment, improving the voluntary review mechanism, and enhancing the substantive legal assistance effectiveness of duty lawyers, this paper proposes paths and strategies for the prevention and control of wrongful cases, aiming to balance the relationship between institutional efficiency and judicial fairness, effectively safeguard the legitimate rights and interests of parties, and protect the bottom line of judicial fairness and justice.
System of Leniency for Pleading Guilty and Accepting Punishment
Prevention and control of wrongful convictions
Application and Limitations of Large Language Models in the Translation of the Contract Book of the Civil Code
In recent years, the rapid advancement of Large Language Models (LLMs) has created new possibilities for legal translation. This study employs a combination of quantitative analysis and case studies to systematically compare the textual features of the authoritative human-translated version and the GPT-4o-translated version of the Contract Book of the Civil Code across three dimensions: terminological accuracy, syntactic complexity, and the handling of semantically ambiguous expressions. The findings are as follows: (1) In trans-lating the Contract Book of the Civil Code, the human version demonstrates su-perior rigor and precision in legal terminology, in contrast, the GPT-generated version displays deviations in term usage that may introduce ambiguities in le-gal interpretation. (2) Although the GPT version enhances readability by reduc-ing syntactic complexity, this simplification compromises the precision and formality required in legal discourse. (3) In addressing semantically ambiguous expressions, human translators employ terminological transformation, lexical supplementation, and tense modulation, while the GPT version tends to rely on literal translation, increasing the risk of omission or distortion in legal provi-sions. This study highlights the current limitations of LLMs in legal translation and underscores the importance of human-machine collaboration, offering in-sights and guidance for producing high-quality legal translations with the assis-tance of LLMs.
Research on the Crime of Helping Information Network Crime
As cybercrime methods become increasingly hidden and unpreventable, it is difficult to effectively curb the development of new cybercriminals through the use of traditional crimes. From the perspective of criminal law provisions, helping information-networked crimes is a new type of crime. However, in judicial practice, confusion was caused by the generality of the legal provisions of the applicable rules for this offence, resulting in different sentences for the same case for this offence. Therefore, this paper looks at several difficult issues in determining this crime in depth, in order to provide certain references to judicial practice.
Crime of aiding information network criminal activities
Study on the Principles of Interpretation of Declaration of Intent
The principle of interpretation of declarations of intent has long been plagued by the theoretical dilemma of the binary opposition between "will theory" and "declaration theory." Both "will theory," which takes the standpoint of the declarant, and "declaration theory," which adopts the perspective of the recipient, unilaterally emphasize one side. The interpretation principle of declarations of intent in China's Civil Code distinguishes between declarations with or without a counterparty, adopting a dualistic model that incorporates both "will theory" and "declaration theory." However, this approach still fails to eliminate the inherent defects of the theory of declarations of intent, presenting challenges in both theory and practice. Based on this, by analyzing theories such as the "new monism" proposed by domestic scholars and the "reconstruction of the concept of declarations of intent" proposed by Professor Larenz in Germany, this paper aims to provide new pathways for the interpretation principle of declarations of intent.
On the tort liability of personal information
In recent years, the development of big data and other technologies has brought many convenient services to people's lives. However, the advent of the era of big data has prompted the continuous change and expansion of the scope of the concept of personal information. The concept of personal information is no longer a "pre" precise definition, but a dynamic judgment process. China's legislation and practice integrate these ideas and reshape the definition of the concept of personal information. The theoretical basis of the legislative model of personal information is the theory of identification, combined with the way of summary and illustration. At the same time, the rapid development of science and technology has also subverted the social scene established by the traditional tort law. The infringement cases of personal information are becoming more and more frequent, but the single application of the principle of fault imputation and the principle of no fault liability can not complete the mission of personal information relief.The author believes that we should establish a system of imputation principle of damage compensation liability with the coexistence of fault liability and fault presumption on the basis of learning from and absorbing foreign laws and according to our national conditions. In terms of the liability effect of personal information infringement, we should recognize the diversified liability methods, improve the compensatory liability methods, and the punitive compensation system should be more future oriented, so as to make the personal information infringement relief system in line with the development trend of the times.
Research on Character Evidence in Cases of Sexual Assault on Minors
Character evidence refers to specific facts that demonstrate an individual's behavioral traits, including personal statements or testimonies and evaluations provided by others. In cases of sexual assault involving minors, due to the highly concealed nature of such crimes and the young age of the victims, evidence collection and fact-finding face significant challenges. As a result, character evidence plays a crucial role in these cases. When handling sexual offense cases against minors, judicial authorities can draw from U.S. legal practices to overcome these difficulties. This includes considering the defendant's prior similar offenses during conviction and sentencing, establishing clear standards for the admissibility of character evidence, and implementing procedural safeguards to ensure the fairness of the trial.
Determining Criminal Liability for Online Violence: Challenges and Legal Responses
Online violence, as a new social problem of the digital age, is characterized by group participation, anonymity, and rapid diffusion – posing a tremendous challenge to traditional criminal justice. In recent years, China has introduced a series of regulations and judicial guidelines to curb online violence. However, in practice there remain significant difficulties in the criminal liability determina-tion for such acts, including ambiguous identification of responsible actors, challenges in proving subjective intent, complex issues of causation, and the inadequacy of traditional offenses to cover new online behaviors. This article examines the core dilemmas in attributing criminal responsibility for online violence, analyzes shortcomings in the existing legal framework, and proposes comprehensive measures – such as refining legislation, issuing clearer judicial interpretations, enforcing platform responsibilities, and leveraging blockchain technology for traceability – to build a clearer, more systematic and reasonable criminal law regime. The goal is to effectively balance the crackdown on egre-gious online abuse with the protection of freedom of expression, in line with the standards of rule of law.
The Crisis of Safeguarding Equal Rights under Algorithmic Discrimination and the Constitutional Response
In the course of constitutional law, I was deeply impressed by Professor Mao's lecture on the basic rights and equal rights of citizens. Among them, Professor Mao's analysis of the right to equality based on the different admission situations in each province through the college entrance examination further deepened my thinking on the right to equality. Now, combining the right to equality with the hot topics of the times, we will elaborate on the issue of safeguarding citizens' basic rights in algorithmic discrimination. In the digital age, algorithmic discrimination has become a new social governance challenge, challenging the traditional theory and practice of constitutional equality rights. The academic community has explored the basic theory of equal rights, infringement of rights, and regulatory pathways, with rich viewpoints. Algorithmic discrimination theoretically makes it difficult to achieve the value neutrality premise of formal equality, while substantive equality is trapped due to algorithmic characteristics. In practice, it leads to legislative lag, difficulties in administrative supervision, and difficulties in providing evidence and judgments for judicial relief. To address the challenges, it is necessary to establish a local guarantee path. Firstly, the state should fulfill its negative obligations, regulate the application of public power algorithms, including clarifying responsibilities, supervising the entire chain, and building an access list; The second is to update positive obligations and improve algorithmic governance systems to ensure equal rights and achieve a balance between technology and humanities.
Research on the Application of Big Data Evidence in Criminal Procedure
The rapid development of big data technology has profoundly transformed the mode of social operation, and has also had a revolutionary impact on the field of criminal procedure. Big data evidence, with its characteristics of magnanimity, pluralism, relevance and predictability, has shown great potential in improving investigation efficiency, assisting judicial decision-making and revealing the law of crime. However, as a new form of evidence, it faces serious challenges in terms of evidence qualification, authenticity examination, relevance determina-tion, guarantee of cross-examination right and prevention of algorithm bias. This article is based on the practice of criminal proceedings in China and draws on the beneficial experience abroad to systematically explore the conceptual characteristics, application value, practical difficulties and regulatory paths of big data evidence, and puts forward countermeasures and suggestions such as improving legislation, building multi-level review rules, strengthening proce-dural rights protection and improving algorithm governance mechanisms, so as to adhere to the litigation core values of procedural justice and human rights protection while maximizing the effectiveness of big data evidence.
Research on the Legal Protection of the Right to be Forgotten in the Context of the Era of Artificial Intelligence
While artificial intelligence technology has changed the production mode of hu-man society, it has also exacerbated the occurrence of personal information in-fringement. Deletion of personal information is an important manifestation of the right to be forgotten and an important way to protect the right to personal information. However, in the context of generative AI, the realization of the right to be forgotten faces both technical and institutional dilemmas, and it is difficult to implement both the current law and the traditional technology of deleting personal information. In order to strengthen the protection of the right to be forgotten, based on the "inclusive and prudent" legal policy, further standardize data collection, expand the interpretation of "deletion", and strengthen the ad-ministrative supervision of the process of generative AI processing personal in-formation. Through the above measures, a balance between the protection of the right to be forgotten and technological development can be achieved.
Research on the Liability for Copyright Infringement of Generative Artificial Intelligence
This article based on the core framework of the legal system and taking the Copyright Law, the Civil Code and other legal norms as the cornerstone, systematically reveals the application predicaments of traditional legal systems in the context of artificial intelligence. By deeply deconstructing the ambiguous areas of the originality determination standards for works, the expansion disputes of the constitutive elements of infringement, and the technical barriers of the causal relationship proof mechanism, and combining the judgment logic of typical judicial cases at home and abroad and the theoretical debates in the academic circle, it conducts a multi-dimensional legal analysis of the legal difficulties in the context of artificial intelligence creation. The research re-examines the legal relationships related to the content generated by artificial intelligence from the aspects of the configuration of rights and obligations of the subjects and the division of liability forms, and precisely defines the legal liability boundaries of multiple subjects such as developers, users, and platform operators. At the same time, guided by the theory of interest balance, it takes into account the needs of technological innovation and the goal of copyright protection, and explores a legal regulation path that conforms to the development laws of artificial intelligence. Through the construction of a forward-looking legal theoretical framework, it provides a solution with both theoretical depth and practical value for resolving copyright infringement disputes in the context of generative artificial intelligence, and promotes the formation of a new copyright protection paradigm that adapts to the development of the digital age.
Upholding a people-centered approach, the rule of law safeguards people's livelihoods
The Thought on the Rule of Law signifies the latest development in the Siniciza-tion of Marxist legal theory, serving as the fundamental guideline and action plan for comprehensively advancing law-based governance. Its core tenet em-phasizes a people-centered approach, ensuring the rule of law serves the popu-lace. Consequently, the construction of the rule of law must be guided by the practical imperative of safeguarding and improving people's livelihoods. These two aspects achieve synergistic development through institutional interaction: the rule of law provides the normative foundation for ensuring people's well-being, while the demands of the people drive the improvement of the legal system. Currently, China's system for ensuring people's well-being still faces certain structural contradictions, highlighting the institutional tension between policy supply and implementation effectiveness. The absence of adequate safe-guards for people's well-being not only undermines social fairness and justice but also weakens the authority of the rule of law and the foundation of govern-ance. Therefore, it is imperative to construct a closed-loop mechanism of "needs identification - institutional optimization - effectiveness enhancement": opti-mizing institutional design through the precise identification of people's needs, enhancing policy implementation effectiveness through legal means, and ulti-mately achieving good governance through the rule of law in the realm of peo-ple's well-being. Upholding a people-centered approach, the rule of law safe-guards people's livelihoods.
The Evolution and Transformation of Legal Thinking under the Concept of “Ecological Priority”
In the context of comprehensively advancing the socialist rule of law in the new era, the concept of “ecological priority,” a core tenet of ecological civilization, is undergoing a transformation from political advocacy to institutionalization and legalization. As a key principle driving high-quality development, ecological pri-ority has been deeply embedded into China’s legal system under the systematic guidance of Xi Jinping Thought on the Rule of Law. It has gradually become a guiding principle for legislative orientation, a normative standard for adminis-trative law enforcement, and a philosophical foundation for judicial thinking. As both a value orientation and a component of national governance logic, ecologi-cal priority has taken root in multiple dimensions of the governance process. This paper takes the concept of ecological priority as its starting point, exploring its influence on legislative, executive, and judicial thinking, and clarifying the pathways of institutional transformation. However, China’s current ecological legal system still faces challenges such as poor institutional coordination, weak enforcement capacity, and a lack of judicial specialization. Therefore, it is imper-ative to accelerate legislation in the ecological field, consolidate the legal founda-tion, strengthen the cultivation of professional judicial talent, and enhance pub-lic awareness of ecological law. Only by promoting ecological priority through legal thinking can we further institutionalize this concept and construct a mod-ern governance system where humans and nature coexist harmoniously, thus providing a solid legal foundation for building a Beautiful China.
The ‘De Facto Director’ System Under China's New Company Law: Criteria for Determination and Assumption of Responsibility
One of the significant achievements of the revision of the Company Law of the People's Republic of China (2023 Revision) is the further refinement of the fiduciary duties of directors, supervisors, and senior management, which are reflected in the ‘de facto director’ provision. This refinement was made by combining beneficial explorations in China's judicial practice with mature experiences from foreign laws. This revision also provides concrete responses to numerous issues of concern to the legal community, further solidifying the duty and liability framework for directors, supervisors, and senior management centered on the duties of loyalty and diligence. However, Article 180(3) of the new Company Law does not provide detailed guidance on how to determine ‘actual management of company affairs.’ As a result, the specific criteria for identifying a ‘de facto director’ remain unclear in both legal norms and legal application, necessitating further clarification of its constituent elements. This paper will analyze relevant cases based on the ‘de facto director’ provision introduced after this amendment, comprehensively analyze the court's approach to determining ‘de facto directors’ in practice from multiple perspectives, and then summarize reasonable criteria for determining ‘de facto directors’ by combining normative and theoretical perspectives. This study also focuses on the issue of liability for breach of the duty of loyalty and diligence by de facto directors in China. From a comparative law perspective, it explores the implications and lessons from foreign legislative examples for China, aiming to assist de facto directors in assuming liability in accordance with the law, further refine the theoretical framework of de facto director liability, and contribute to judicial practice.
Company Law of the People's Republic of China
Focus on the case study of social investigation of juvenile criminal cases by judicial social workers
Through the analysis of typical cases, this paper discusses the practice and effect of judicial social workers' intervention in the social investigation of juvenile criminal cases. First of all, it introduces the basic case that Xiao Wen was conditionally not prosecuted for attempted robbery after quarreling with his father and investigated by judicial social workers, as well as the analysis of the family, the causes of crime, the need to return to society and other issues. Then it expounds the process of assistance and education involved by judicial social workers, including accepting entrustment, background investigation and writing reports. At the same time, it points out that there are some problems in the process of intervention, such as the lack of participation of judicial social workers, the problem of qualification assurance, and the evaluation of social investigation reports. On this basis, the paper puts forward the improvement path, including strengthening the team construction, improving the professional level and enhancing the effectiveness of social investigation report, aiming to improve the judicial social workers' involvement in the social investigation of juvenile criminal cases, and provide reference for the prevention and control of juvenile crime.
Copyright (c) 2025 by author(s) and Erytis Publishing Limited. https://creativecommons.org/licenses/by/4.0/
A Study on the Translation Strategy of the "Principle of Good Faith" in the Contractual Compilation of the Civil Code --
Taking the contractual translation of the Civil Code as the research object, this thesis conducts an in-depth study on the translation strategy of the "Principle of Good Faith" in terms of terminological consistency, contextual adaptation and cultural differences. By analyzing the different translations of the "good faith principle" in the existing translations, the study explores the problems in conveying the legal connotation, presenting the connection with other legal concepts and cross-cultural understanding. It is found that the current translations are characterized by inconsistency in terminology, am-biguous expression of contextual logic, and insufficient handling of cultural differences. Based on this, targeted strategies such as unifying the translation method, optimizing the contextual translation, and strengthening the cultural annotation are proposed with the aim of improving the translation quality of the "Principle of Good Faith", and facilitating the accurate dissemination and understanding of China's laws in international exchanges.
Contractual Compilation Of The Civil Code