legal interpretation
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Author(s):  
Xiling Yang

Aiming at the phenomenon of “wrong words” and “missing words” in the process of Chinese English legal interpretation, a Chinese English legal simultaneous interpretation system based on PSO algorithm is designed. According to the construction requirements of fuzzy neural network, the optimization results of PSO inertia weight are determined, and then the system model optimization based on PSO algorithm is realized with the help of membership function. On this basis, this paper analyzes the key trigger factors of simultaneous interpretation, and distinguishes the specific differences between consecutive interpretation load and simultaneous interpretation by defining the way of legal Chinese English text transmission effect, so as to realize the smooth application of legal Chinese English simultaneous interpretation system based on PSO algorithm. The results shows that, compared with the consecutive interpretation system, the simultaneous interpretation system can effectively solve all the problems of “wrong words” and “missing words” in the process of legal Chinese English document translation, and effectively guarantee the authenticity of document samples.


2021 ◽  
Vol 43 (2) ◽  
pp. 273-279
Author(s):  
Jakub Łakomy

The present article deals with the political nature of the interpretation theory, using poststructuralism as a source of reflection. The analysis is conducted by using poststructuralist epistemology and poststructuralist political theory. The thesis of this article, which is metatheoretical in nature, is that the poststructuralist concepts of legal interpretation can be used only after simultaneously adopting the assumptions of the political philosophy which originated in poststructuralism. Chantal Mouffe’s concept of the political is very much tied to considerations about agonistic democracy and agonistic pluralism, which gives us original answers to the questions of how society, the political system, and the legal system can help us prevent the emergence and flourishing of authoritarianism. The first part of the text presents the poststructuralist definition of the political and politics as well as shows its importance for the analysis of the contemporary legal interpretation concepts. In the next part, the author discusses the topic of poststructuralism in jurisprudence and its most important features for a change in the discourse of philosophy of interpretation. The third part of the article examines poststructuralist anti-essentialism using the example of one from among the most famous neopragmatist and poststructuralist philosophers — Stanley Fish. In the fourth and last part of the considerations, the thesis about the necessity of joint use of poststructuralist epistemology and political theory for research on legal interpretation is verified and metatheoretical conclusions are drawn from it.


Author(s):  
Yurii Kuryliuk ◽  
Mariia Slyvka ◽  
Yaroslav Kushnir

Through a methodology of legal interpretation and analyze the stages of formation of migration policy and legislation in Ukraine since its independence. It was determined that in the initial stage the main elements of the legal regulation of migration processes in Ukraine were the development of the legal framework on migration, the initiation of international cooperation and the creation of organizational structures that address migration issues. The article also analyzes the extensive system of normative acts developed in Ukraine today, aimed at the legal regulation of migration processes and the fight against illegal migration. In this context, the details of the fight against illegal immigration in EU countries are described. Finally, the guidelines for EU migration policy in the field of combating illegal immigration are studied. It is concluded that, unlike Ukraine, where the fight against illegal immigration is mainly limited to the establishment of prohibitions and fines for illegal immigrants, the EU has developed a system of incentives and measures aimed at supporting third countries, among other aspects.


2021 ◽  
Vol 9 (4) ◽  
pp. 61-65
Author(s):  
Daniil Rakov

in this article, the author examines the nature of the constitutional human right to health protection through its philosophical and legal interpretation. In this study, the consideration is carried out from the point of view of the concepts of natural law and historical materialism. As a result of the conducted research, the author comes to the conclusion that the human right to health protection has a materialistic nature, arises and exists as a result of the need for the ruling class to regulate public relations related to health protection by expressing its will in the law.


2021 ◽  
Vol 1 (91) ◽  
pp. 5-15
Author(s):  
Aldona Kipāne

From January 1, 2018, amendments to the Criminal Law, which provide criminal liability for the persecution of a person, came into force in Latvia. The constituent elements of persecution are defined as a specific form of violence.The aim of the paper is to describe the constituent elements of persecution based on the theory and practice of criminal law. During the study, the author provides a framework of the criminal law theory and outlines the elements of the persecution. The object of the study is the criminal relations, which arise from the persecution of another person. The subject of the study is the criminal legal framework to be followed for the determination of criminal liability. The following legal interpretation methods and approaches have been used in the study: grammatical, systematic, teleological, and historical, as well as analytical method for analysing doctrine and practice of criminal law. Doctrines of criminal law, national legislation, and the sources of legal literature relevant to the aim of the paper have been in the study, too.The analysis carried out leads to the conclusion that persecution covers a wide range of socio-psychological behaviour that manifests in the sacrifice’s victimization and specific harm caused to him/her. Persecution is an active illegal, threatening activity in the form of repeated or lasting tracking, surveillance of another person, expressing threats or unsolicited communication with such a person, if victim have had reasonable grounds to fear for their safety or the safety of their relatives


2021 ◽  
Vol 2 (3) ◽  
pp. 683-687
Author(s):  
I Wayan Agus Andika ◽  
I Made Minggu Widyantara ◽  
I Nyoman Sutama

The fishing that is carried out will have a bad effect on the marine ecosystem, but great benefits can be obtained for the fishermen. Catching fish using explosives is a criminal act in the field of fisheries and such actions may be subject to sanctions as regulated in Law Number 45 of 2009 concerning Fisheries and the Emergency Law on firearms. This study examines legal arrangements regarding the use of explosives in fishing and reveals criminal sanctions against perpetrators of catching fish with the use of explosives. The method used is normative legal research with a statutory approach. The data sources used are primary and secondary data obtained through recording and documentation techniques, then the data is processed by legal interpretation. The results of the study revealed that the legal rules regarding fishing carried out using a hazardous material or explosives have been regulated in Law Number 45 of 2009 concerning Fisheries and the Emergency Law concerning explosives and firearms. Criminal sanctions that can be applied to perpetrators are regulated in Article 84 paragraph (1) to paragraph (4) of Law Number 45 of 2009 concerning Fisheries.


2021 ◽  
Vol 2 (3) ◽  
pp. 525-530
Author(s):  
Widhiatmika Coryka ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspasutari Ujianti

Electronic contracts are one of the new forms of contracts that get special protection in Law Number 11 of 2008 concerning Information and Electronic Transactions. In general, electronic contracts are very different from ordinary (conventional) forms of contract, therefore it will be very difficult to directly apply the conditions for the occurrence of conventional contracts to this electronic contract (online contract). The purposes of this study are to reveal the validity of electronic contracts in credit card agreements and legal protection for credit card owners in e-commerce transactions. This research was conducted using normative legal research by applying a statutory approach. The technique of collecting legal materials is carried out by taking inventory of laws and regulations and recording techniques. This study uses primary and secondary legal materials which are then processed using deductive logic with analysis of legal interpretation and legal arguments presented descriptively. The results of the study reveal that in Law Number 8 of 1999 there are regulations that protect the parties who carry out E-Commerce transactions. Electronic contracts are basically the same as written contacts and have legal force and legal consequences as long as they meet statutory requirements. The legal protection provided by Article 26 of Law Number 8 of 1999 provides protection for consumers by requiring business actors who trade services to fulfill the agreed or/or agreed guarantees and/or guarantees.


2021 ◽  
Vol 2 (3) ◽  
pp. 567-572
Author(s):  
Bagus Andika Artha Surya ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani

In the competitive world of business, one effective way as a means of promotion is reviewing or reviewing products, which are activities carried out by consumers to give their impressions and views about a product so that it becomes a consideration for other consumers before buying the product, but there are negative impacts from this activity, namely if it is misused by irresponsible persons, what happens is that the person gives a bad image to business actors because of these activities and affects consumers who will buy the product. The purpose of this study is to analyze the sanctions that can be imposed from reviewing or reviewing a product that has copyright without permission from business actors. This study applies a normative method with a statutory approach. Data collection techniques were carried out by examining existing library materials. The sources of law used are divided into two, namely primary and secondary sources of law which are then analyzed by methods of legal interpretation, legal argumentation, and legal construction. The results of the study reveal that the activity of reviewing a product is also regulated through Article 27 paragraph (3) of Law 19 of 2016 concerning amendments to Law Number 11 of 2008 concerning information and electronic transactions aimed at protecting brands from good name numbers.


2021 ◽  
Vol 5 (S4) ◽  
pp. 1600-1614
Author(s):  
Valeriya K. Antoshkina ◽  
Oleksandr Loshchykhin ◽  
Oksana Topchii ◽  
Dmytro Shevchenko ◽  
Myroslav V. Hryhorchuk

The main purpose of legal interpretation is to create conditions for the effective functioning of law and its components by clarifying their true content, which eliminates any doubts and ambiguities. That is still the reason why scholars and legal practitioners pay considerable attention to various aspects of legal interpretation, one of which is to determine the legal basis of legal interpretation, which actualizes the topic of this paper. The purpose of this article is: first, to analyze the provisions of current Ukrainian legislation for identifying the general approaches embodied in it and the principles for the implementation of legal interpretation activities by state power bodies; secondly: presentation on the basis of modern achievements and developments of legal science of the system of measures for standardization of such activity, bringing it in line with the needs of law enforcement practice. The solution of the set tasks was carried out using the method of philosophical dialectics, a system of general scientific and special scientific methods of cognition, which are based on the principles of objectivity, comprehensiveness, complexity.


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