Law and Humanities ISSN Print: 3079-5117 ISSN Online: 3079-5125
Research on the Lottery Tax Exemption Policy under the Individual Income Tax Law from the Perspective of Social Equity—With Commentary on the "220 Million Yuan Lottery Tax Exemption Incident"
Taking the "220 Million Yuan Lottery Tax Exemption Incident" as a starting point, this paper examines the lottery tax exemption policy under the Individual Income Tax Law from the perspective of social equity. It finds that the previous vague definition of "one-time winning income" enabled tax avoidance through decentralized betting, violating tax fairness. The new policy redefines this concept, effectively closing the loophole, yet further refinement is needed. This paper proposes optimizing the tax mechanism by exploring progressive rates, strengthening supervision over large winnings, elevating the legislative level, and dynamically adjusting the exemption threshold, so as to balance lottery market vitality and tax justice. The study provides theoretical and practical references for improving incidental income taxation and promoting the healthy development of the lottery industry.
Copyright (c) 2026 by author(s) and Erytis Publishing Limited https://creativecommons.org/licenses/by-sa/4.0
Research on Electronic Data Collection and Examination of Virtual Currency Crime
The crime of virtual currency, which takes virtual currency as its object or tool, has the characteristics of strong technical dependence, complex form and hidden evidence connection in criminal evidence, which brings new challenges to the collection and examination of electronic data evidence in criminal proceedings. Adopting measures such as chain tracking and multi-department coordination to deal with the difficulty in collecting electronic data of virtual currency crimes; At the same time, a multi-level review rule has been established to strengthen the review ability of the key points of electronic data evidence ability, so as to accurately grasp the electronic data in the virtual currency crime, which is expected to be beneficial to the criminal judicial regulation of the virtual currency crime.
Protection Dilemmas and Responses for Data Trade Secrets in China under Edge Intelligence Scenarios
Trade secret protection requires information to be not generally known but allows legitimate acquisition. Yet data deeply integrated with the Internet faces difficulties in establishing secrecy due to the complexity of interacting entities. With the synergistic advancement of AI density laws and Moore’s Law, edge intelligence has seen explosive growth in scenarios such as intelligent cockpits and AI smartphones. Its core features—open‑source deployment and distributed computing—exacerbate specific risks, including leakage of data trade secret parameters and blurred boundary definitions. China’s current legal framework, regarding rights determination, rule application, and governance mechanisms, inadequately addresses the dual scenario characteristics of open‑source license constraints, edge‑computing limitations, and ecosystem‑sharing orientations, leading to a growing adaptability crisis. In response, there is an urgent need to optimise scenario‑based determination standards, establish a tiered protection and flexible exemption framework compatible with open‑source ecosystems, and develop a technology‑adaptive multi‑dimensional collaborative governance mechanism. This aims to provide a viable pathway for adapting intellectual property rule‑of‑law frameworks to emerging technologies in the digital economy era.
The Impact of Competition Policy Rules in Re-gional Trade Agreements on the International Trade Pattern
Regional Trade Agreements (RTAs) have evolved significantly from their traditional focus on tariff reduc-tions to become comprehensive frameworks governing regional economic integration. Among the most important regulatory developments is the incorporation of competition policy, which seeks to prevent an-ti-competitive business practices, promote market efficiency, encourage innovation, and facilitate fair com-petition among firms operating across national borders. Competition policy has become increasingly im-portant because tariff liberalization alone cannot guarantee competitive markets if dominant firms engage in practices that restrict market access or distort competition. The analysis demonstrates that competition policy has become a fundamental complement to trade liberal-ization by reducing market distortions, improving regulatory transparency, strengthening investor confi-dence, and promoting efficient allocation of resources. Nevertheless, significant challenges remain, including institutional capacity, regulatory divergence, digital market regulation, and balancing competition policy with industrial development objectives. The paper concludes that while competition policy has substantially influenced international trade patterns by supporting deeper regional economic integration, its effectiveness ultimately depends upon strong institutions, regulatory cooperation, and continued adaptation to the changing global economy.
Hierarchical Protection of Intellectual Property Rights for Board Games from the Perspective of Composite Works
While substantial research has been conducted in recent years on game copyright protection, particularly in the context of video games, and judicial practice has gradually established a mainstream approach focusing primarily on holistic protection of audiovisual works, board games exhibit distinct complexity that differs markedly from electronic games. Existing legal frameworks such as copyright law and patent law prove inadequate for addressing the specific protection needs of board games, resulting in inconsistent judicial standards, prohibitively high enforcement costs, and frequent issues like “skin-changing plagiarism” and “predatory registration and release,” all of which severely hinder industry development. From Virtual Reality (VR) immersive experiences to the metaverse, an increasing number of composite works will emerge in the future. Unlike video games, board games retain tangible components and face distinct infringement patterns, making them an ideal subject for foundational research on composite work protection. This Article conducts a layered protection analysis of typical composite works represented by board games, proposing a standardized, systematic long-term protection model to address the efficiency challenges associated with typified judicial rulings and fragmented protection approaches in legal practice, thereby achieving a dynamic balance between fostering innovation and safeguarding public interests.
Risk Drivers and Regulatory Pathways for Cross-Border Flows of Generative AI Training Data
As a representative form of new quality productive forces, generative artificial intelligence (AI) depends fundamentally on the global circulation of data, creating a deeply coupled and mutually reinforcing relationship between model development and cross-border data flows. The scale of training data, the transnational spillover of associated risks, and the difficulty of effective oversight have nevertheless generated multidimensional security concerns involving national security, corporate interests, and personal privacy. Using a comparative analysis of the regulatory approaches adopted by the European Union and the United States, this article examines the structural sources of these risks and evaluates the practical limitations of existing governance arrangements. Grounded in China's domestic conditions and the holistic approach to national security, it proposes a tiered regulatory architecture based on three elements: differentiated preconditions for data protection and circulation, an independent regulator supported by multilevel coordination, and the international articulation of a Chinese approach to data governance. This framework seeks to balance security and development while contributing to a more coherent global regime for cross-border flows of generative AI training data.
Normative Logic and Judicial Correction of Insider Trading Regulation from the Perspective of the Equal Information Access Theory
The comprehensive registration-based IPO system reform has reshaped the underlying logic of information disclosure and trading supervision in the securities market. As a typical form of securities fraud that un-dermines the foundation of market fairness, the regulatory system for insider trading has long suffered from normative conflicts stemming from the dual intertwining of the fiduciary duty theory and the market fair-ness theory. The Equal Information Access Theory (Equality of Access / Parity of Information Theory) centers on the core value that all market participants shall enjoy equal opportunities to access material non-public information. It can uniformly interpret the unlawful nature of insider trading, the scope of liable subjects, and imputation standards, rendering it a fundamental legal doctrine aligned with China’s orienta-tion of retail investor protection. Taking the Equal Information Access Theory as an analytical tool, this paper sorts out the normative core and comparative law origins of the theory, analyzes the inherent logical contradictions within China’s insider trading regulatory system, summarizes judicial application irregulari-ties based on typical administrative and criminal judgments, and proposes corrective approaches from four dimensions: subject identification, causation, presumption rules, and defense systems. It aims to refine the judicial application rules for insider trading centered on equal information access, so as to strike a balance between the protection of market fairness and the trading vitality of the capital market.
Government Responsibility in the Authorized Operation of Public Data
As a key mechanism for realizing the value transformation of new production factors, the authorized operation of public data provides institutional support for economic and social development. The public nature of public data, the principle of unified rights and responsibilities under delegation, and the governance needs of the digital era jointly constitute the foundation of government responsibility. On this basis, government responsibility can be specified as obligations of respect, protection, and provision. Given the separation inherent in authorized operation, market entities become the actual executors of data-opening tasks, and their conduct is characterized as market behavior rather than administrative action. In light of this feature, the guarantor state theory suggests that government guarantee responsibility should serve as the foundation of governmental obligations. Considering that the current performance of government responsibility in public data authorized operation is hindered by the weakening of government guarantee responsibility and the absence of effective market competition mechanisms, the government should assume comprehensive regulatory duties to ensure that operational activities do not deviate from the trajectory of public interest, while simultaneously fostering a fair competitive environment so that authorized operation may truly become a digital governance solution that is both public-oriented and sustainable.
Reasonable Boundaries and Legal Regulation of Non-Compete Agreements: Balancing Trade Secret Protection and Employees’ Freedom of Employment
Non-compete agreements are based on the protection of trade secrets and related confidential matters, but their enforcement directly affects employees’ post-employment choices. This paper examines the historical development, regulatory structure, and practical controversies of non-compete agreements, focusing on applicable personnel, confidential matters, scope of restrictions, economic compensation, and liability for breach. The study finds that China has developed a statutory and judicial framework for non-compete agreements, but problems remain in high-tech industries, platform-based employment, and the judicial adjustment of liquidated damages. These problems include overly broad application to employees, excessive restriction of post-employment activities, and imbalance between economic compensation and liability. Improvement should focus on the correspondence among confidential matters, applicable personnel, scope of restrictions, economic compensation, and liability. Courts should refine the review of applicable personnel, require employers to explain the connection between confidential matters and restrictive terms, and develop more stable rules for compensation and liquidated damages. In this way, non-compete clauses can remain tools for protecting trade secrets rather than contractual devices that restrict employee mobility.
Copyright (c) 2026 by author(s) and Erytis Publishing Limited. https://creativecommons.org/licenses/by-sa/4.0
Linguistic Precision and Diplomatic Sensitivity in the Translation of International Treaties
Treaties, as an important law, the quality of its translation directly impacts the rights and interests of various countries in international affairs and the stability of international relations. Linguistic precision and diplomatic sensitivity are two crucial elements in the translation of international treaties. This article delves into the pivotal role of linguistic precision in the translation international treaties, encompassing precise requirements in terms of vocabulary, grammar, sentence structures, and other aspects. Meanwhile, it analyzes how diplomatic sensitivity is manifested in the translation process, such as the impacts of factors like political stances, cultural differences, and international relations on translation. Through the analysis of practical cases, this study elaborates on how to balance diplomatic sensitivity while ensuring linguistic precision in translation, and puts forward corresponding translation strategies and suggestions, aiming to provide valuable references for improving the quality of international treaty translation.
Research on Issues in the Realization of Floating Mortgage
This paper examines key issues in the realization of floating mortgage under Chinese civil and commercial law. Through an empirical analysis of 72 typical judicial decisions, three core practical problems are identified: 1) judicial dilemmas concerning the scope of fructus within the mortgaged property; 2) ambiguous legal boundaries for the exercise of the right of intervention by the mortgagee as a property‑fixation event; and 3) inconsistent judicial standards for the “reasonable identification” of general descriptions of mortgaged assets. The study argues that the scope of floating mortgaged property should be moderately expanded by extending the concept of “proceeds” to include fruits and intangible assets through purposive interpretation. Regarding property fixation, the mortgagee’s right of intervention should be recognized as a legitimate “other circumstance seriously affecting the realization of the claim” only when it constitutes a necessary measure to preserve the mortgaged property. Concerning general descriptions, a dual standard is proposed: a strict general reasonable identification standard and a flexible special reasonable identification standard allowing judicial discretion based on trade customs, party autonomy, and legislative spirit. The findings provide a systematic framework for improving the legal application of floating mortgage realization.
Copyright (c) 2026 by author(s) and Erytis Publishing Limited. https://creativecommons.org/licenses/by/4.0/
Research on the Judicial Dilemma and Improvement Path of Private Law Regulation in Data Circulation
Against the backdrop of the rapid development of the digital economy, data, as a new type of production factor, its circulation efficiency is directly related to the high-quality development of the digital industry. Private law, as the core field of data circulation regulation, undertakes the important functions of defining data rights and interests, regulating transaction behaviors, and resolving civil disputes. However, at present, the private law regulation of data circulation in China is facing practical difficulties such as ambiguous rights and interests definition, lack of transaction rules, and inconsistent judicial judgment standards, which leads to the obstruction of data circulation and the difficulty in fully protecting the rights and interests of the subjects. This article, in combination with the guiding cases on the judicial protection of data rights and interests issued by the Supreme People's Court, sorts out the current norms and judicial practice problems of private law regulation of data circulation, and draws on the allocation ideas of residual control rights in the theory of incomplete contracts. From the three dimensions of hierarchical definition of rights and interests, improvement of transaction rules, and unification of judicial judgments, it proposes the improvement path of private law regulation of data circulation, providing legal support for promoting the legal and orderly circulation of data and ensuring the healthy development of the digital economy.
Exploring the Realistic Dilemmas in China's Online Court Hearing Practice
As a product of the deep integration of information and network technology with judicial proceedings, online court hearings offer significant advantages in enhancing litigation efficiency, reducing litigation costs, and facilitating party participation. However, given that online court hearings in China are still in their early stages of development, they face numerous practical challenges in implementation. This paper systematically examines the core concepts, characteristics, and value of online court hearings, focusing on the major issues in areas such as legal provision, platform development, judicial transparency and privacy protection, and information system security. Based on this analysis, the paper proposes that efforts should be made to promote the standardized and systematic development of the online court hearing system by improving relevant legal regulations, establishing a unified online litigation platform, enhancing the transparency of court proceedings, and strengthening security measures.
Cross-Border Data Flow Regulation: Conflicts and Coordination in the Global Digital Economy
With the accelerated development of the global digital economy, cross-border data flows face significant regulatory conflicts among nations, particularly regarding data sovereignty, privacy standards, and security reviews. Through comparative analysis, this study proposes a coordination mechanism involving a multilateral cooperation framework, unified data classification standards, and an enhanced role for international organizations. The aim is to balance data utility with security and promote sustainable digital economic development.
The Practical Predicament and Improvement Path of The Two-Way Connection Mechanism Between Administrative and Criminal Law Enforcement In Our Country
The connection between administrative law enforcement and criminal justice is the core institutional design of the hierarchical governance of illegal and criminal activities and the closed-loop pursuit of legal responsibility in China, and it carries the important functions of solving the chaos of "substituting punishment for punishment" and "no punishment, no punishment" and maintaining the unity of the rule of law. With the revision and implementation of the Administrative Penalty Law in 2021, China officially established the two-way transfer system of administrative and criminal penalties, completing the institutional transformation from one-way positive transfer to two-way closed-loop connection. Subsequent supporting normative documents have been continuously refined, further consolidating the institutional foundation. However, in the current practical operation, there are still practical problems such as ambiguous substantive recognition standards, numerous procedural connection barriers, insufficient rigidity of supervision and restraint, and weak departmental synergy efficiency, which restrict the full release of the system's value. Based on the core content and normative system of the connection between administrative and criminal law enforcement, this paper sorts out the development context of the system, analyzes the practical bottlenecks and pain points, and proposes targeted improvement countermeasures for standardization, proceduralization and systematization to help build a two-way connection mechanism between administrative and criminal law enforcement that is full-chain, highly efficient and strongly supervised, and to enhance the level of legalization and refinement of social governance.
Transition between execution and punishment
Legal Reflections on Cultural Heritage Management: A Focus on Government Responsibility
This paper delves into cultural heritage management pathways and mechanisms, centering on government responsibility from a legal standpoint. Against globalization and modernization, heritage protection and transmission are global governmental challenges. The paper outlines cultural heritage management basics, then dissects governmental core responsibilities: law - making, law enforcement, financial backing, and public engagement. It stresses governments, as primary heritage protectors, must establish sound mechanisms for effective heritage protection and use. Using case and comparative studies, it offers strategies to enhance heritage management and reinforce governmental responsibility, providing legal insights for heritage preservation.
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.