scholarly journals Civil proceedings with foreign participants in china - from the perspective of digital technology

2021 ◽  
Vol 106 ◽  
pp. 02004
Author(s):  
Ekaterina Rusakova ◽  
Wang Wei

This article takes the legal rules of digital civil proceedings with foreign participants in China as the research object, and studies the structure and content of the civil digital litigation rule system from the present situation of the foreign-related civil digital litigation rules. The purpose of this article is to study how China constructs the foreign-related civil litigation legal system under the Internet thinking, and how to establish a digital judicial system centred on the litigants. This article discusses from two aspects: the use of digital technology to promote the settlement of foreign-related civil litigation cases, and the characteristics of new foreign-related civil litigation cases produced by digital technology.

2003 ◽  
Vol 10 (2) ◽  
pp. 210-228 ◽  
Author(s):  
Yossef Rapoport

Sultan Baybars' decision to appoint four Chief Qādīs , one from each of the Sunni schools of law, has long been recognized as a turning point in the history of the madhhabs. To date, historians have explained this decision only in political or ideological terms, paying little attention to its implications for the judicial system. Here I argue that the purpose of the new quadruple structure of the judiciary was two-fold: to create a uniform but at the same time flexible legal system. The need for predictable and stable legal rules was addressed by limiting qādīs' discretion and promoting taqlīd , i.e., adherence to established school doctrine. The establishment of Chief Qādīs from the four schools of law, on the other hand, allowed for flexibility and prevented the legal system from becoming too rigid. The quadruple judiciary enabled litigants, regardless of personal school affiliation, to choose from the doctrines of the four schools.


2015 ◽  
Vol 46 (1) ◽  
pp. 60-89 ◽  
Author(s):  
Tinni Sen ◽  
Turk McCleskey ◽  
Atin Basuchoudhary

The use of a multinomial logit model to analyze a hitherto unavailable dataset of 1,376 small-claims lawsuits in colonial Augusta County, Virginia, for information about debts, litigants, and procedures f inds no evidence of prejudice in the legal system. The magistrates’ consistently fair enforcement of legitimate contracts may have induced both plaintiffs and defendants to settle their disputes in court rather than in private. The evidence corroborates the view that by the mid-eighteenth century, Virginia’s frontier judicial system was sufficiently impartial to encourage creditors to draw up efficient contracts even for small debts.


2021 ◽  
Author(s):  
Andrea Ottolia ◽  
Cristiana Sappa

Abstract Knowledge is subject to enclosure through digital technology and legal rules. Data collected, stored and pooled by the Internet of Things (IoT) or Artificial Intelligence (AI) are no exception to this. Operators acting in the markets related to the algorithmic society may have a quite diversified range of intellectual property rights (IPRs) to protect the information they produce and manage. This is exploited through algorithmic processing techniques, aggregating collected data for the generation of new ones, thus creating additional information and knowledge. This paper studies whether and when data, information and knowledge, presented within the Big Data, IoT and AI structures, may be considered and exploited as commons. The analysis is not aimed at stating that commons should be the general solution for the algorithmic society. Nor does it endorse legal interpretations unilaterally favoring openness and limiting IPR protection and privacy rules (though this could be the case under certain circumstances). The question is to establish whether a certain level of commons should be provided by regulation or left to spontaneous private initiatives. In this regard, two different meanings of data commons are used in this work. The first one refers to the open access systems provided by regulation, equivalent to a public domain protection, and opposed to exclusivity mechanisms. The second refers to data commons which are privately ‘constructed’ on top of background regulation and manage resources for a limited set of claimants.


Author(s):  
Y. Tian

This chapter proposes a legal, political, and social framework for a nation to formulate proper copyright policy and minimize the risk of potential IP trade conflicts in the digital age. It examines the challenges that the Internet and digital technology present to the traditional copyright legal system. It reviews and compares the copyright history in the U.S. and China, and explores major rationales behind copyright policies of these two countries as well as the main reasons why they were able to avert potential IP trade wars in recent years. By drawing on their experiences, the author argues that the interest of a country is only best served by tailoring its IP regimes to its particular economic and social circumstances. The author believes a nation’s copyright policy should always strike a sound balance of IP protection and social development, and makes some specific suggestions on how to achieve this in the digital age.


Author(s):  
Primavera De Filippi ◽  
Samer Hassan

“Code is law” refers to the idea that, with the advent of digital technology, code has progressively established itself as the predominant way to regulate the behavior of Internet users. Yet, while computer code can enforce rules more efficiently than legal code, it also comes with a series of limitations, mostly because it is difficult to transpose the ambiguity and flexibility of legal rules into a formalized language which can be interpreted by a machine. With the advent of blockchain technology and associated smart contracts, code is assuming an even stronger role in regulating people’s interactions over the Internet, as many contractual transactions get transposed into smart contract code. In this paper, we describe the shift from the traditional notion of “code is law” (i.e., code having the effect of law) to the new conception of “law is code” (i.e., law being defined as code).


2021 ◽  
Vol 8 (8) ◽  
pp. 103-112
Author(s):  
Rania S. Azab ◽  

This study seeks to clarify the importance of explaining the type of digital license contracts to see if it can continue subjecting them to the metaphorical direction that adopts the direction of applying the traditional rules to this types of contract or must it be subject to the functional direction that adopts the necessity of establishing independent legal rules in the theory of contracts in Egypt. The problem of the user not reading the contract terms is still there. Although consumers do not read the terms of digital licensing contracts, some jurisprudence in the US often insist that it must be the exchange of consent must take place that the offeree must see the terms and conditions before assenting in some sort of this contracts, this differs from the nature of digital licensing contracts and the way they are contracted. It is right that the consumers discover in some the types of contracts do not express the consent by the traditional way in the contract but are subject to specific instructions set by the site, due to the inability to read and understand the terms of the contract, but rather that in some types of digital licensing contracts the consumers are not aware to be a party to a contract according to the traditional concept of contract theory. Legal recognition is important by the Egyptian and Arab legislations in the role of technical and digital in regulations next to the contract and the law (functional direction) which can contribute to help the user to read the terms of use, we must make use of digital technology to fulfill the function of the contract, which aims to create obligations on both parties, businesses and the user. The following questions were analyzed: Is it possible an individual can enter into a contract without realizing it on the internet? Is the individual obligated to contractual terms that he did not read and understand? How can the provisions of the traditional contract be applied to digital licensing contracts? Then I concluded the necessity of enacting new legal rules that regulate digital licensing contracts within Egyptian legislation.


2019 ◽  
Vol 2 (1) ◽  
pp. 45-51

As in all Eastern and Central European countries, legal system in Lithuania, including civil justice, has undergone many reforms since 1990. In 2003 new Lithuanian Code of Civil Procedure came into force and finally traditions of Western Europe (mainly German and Austrian ones) were systematically introduced into civil litigation in Lithuania. The aim of this article is to present some distinct aspects of Lithuanian civil procedure. It has been chosen to present electronification of civil proceedings because if it’s broadly known success throughout Europe. Preparatory stage is described because this stage of civil proceedings was reformed drastically in 2003. Group action is discussed as one of examples of unsuccessful reforms of Lithuanian civil justice.


Author(s):  
Anton Koshelev ◽  
Ekaterina Rusakova

A significant leap in the development of information technology over the past twenty years has made the global legal community respond to new challenges that have come along with the progress in the digital environment. Together with the convenience of using electronic resources, society has developed a need for a simple and understandable legislative regulation of legal relations arising from the use of computer information technologies and various products of electronic digital activity in order to protect their interests potentially. The concept and types of electronic evidence in civil proceedings in different countries have different meanings. Meanwhile, the regulations of their procedural admissibility and applicability differ. The common thing is the tendency towards an increase in the use of electronic information carriers in court proceedings, increasing importance for establishing specific facts, and the decisive evidentiary role in making decisions by the court. India became one of the first countries to realize the growing level of implementation of Internet technologies, electronic digital storage media, and computer dominance in society and the state's daily life [1] (Artemyeva, Y.A. et al.). The consequence of this understanding was the timely development and implementation of the substantive and procedural bases in evidence law for practical, understandable, and convenient use of electronic evidence in civil proceedings. The article examines the types and procedural status of electronic evidence and analyzes the current legislation and law enforcement practice in the admissibility and application of electronic evidence in civil proceedings in India. The study identifies the existing system of electronic evidence in the legal field of India, the determination of the advantages and disadvantages in the gathering, presentation, research, and evaluation of electronic evidence by the court in civil proceedings, as well as the identification of the procedural order for their provision. The researchers have identified the following tasks to achieve the goals: • to define and research the legislation of India governing the concept, types and procedural order of applicability and admissibility of electronic evidence in civil proceedings in India; • to develop a particular procedural order for the effective use of the institution of electronic evidence in civil litigation in India; • to identify the current trends in the gathering, presentation, research, and evaluation of electronic evidence in India's courts, based on the established judicial practice study. The research methodology is based on general theoretical and scientific methods of cognition, including abstraction and specification, analysis and synthesis, modeling and comparison, and systemic, logical, and functional analyzes. The scientific novelty of the research consists of a comprehensive study of the instruments of legal regulation of the institution of electronic evidence in India's legal field, including regulatory legal acts and judicial precedents, and a consideration of the possibility of applying Indian approaches in the jurisdictions of other countries. The analysis of legislation and jurisprudence regarding electronic evidence in India's civil proceedings was carried out using the synergistic principle of object study, statistical-sequential analysis, and empirical research method. This study's results can be used in lawmaking to develop and improve regulations regarding the procedural status and use of electronic evidence in civil litigation in any country. The reference, citation, and use of this article's conclusions and materials are permissible when conducting lectures and seminars on civil procedure and private international law, research activities, law enforcement practice, and teaching.


Legal Studies ◽  
1995 ◽  
Vol 15 (3) ◽  
pp. 335-355
Author(s):  
FR Barker ◽  
NDM Parry

There is nothing new about legal rules which provide that a person who is in control of land owes a duty of care to entrants thereto. These occupiers’ liability rules are often seen as something primarily to do with tort, but their content and substance are also likely to reveal a good deal about the ‘property policy’ of the legal system in question, in the sense that they will indicate the respective weight and importance attachkd to various kinds of competing claim over land. A legal system containing rules that restrict the circumstances in which those with individual, controlling claims over land owe a duty of care to other persons entering that land would appear to indicate a policy preference for supporting and protecting ‘private property’ claims to land above others. On the other hand, a system which imposes on those controlling land a greater degree of legal responsibility for persons entering thereon may be one based on a policy of recognising, protecting and supporting a range of claims in land beyond those of a narrow, private nature.


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