scholarly journals From the Perspective of Jurisprudence View the Application of Urban Image Monitoring Technology and the Application and Improvement of the Information Collection System in This Field

2021 ◽  
Vol 2021 ◽  
pp. 1-15
Author(s):  
Zheming An ◽  
Zhiyong Jiang
Keyword(s):  
Legal System ◽  
Search Algorithm ◽  
Personal Information ◽  
Performance Testing ◽  
Information Collection ◽  
Legal Systems ◽  
Privacy Rights ◽  
Personal Privacy ◽  
Urban Image ◽  
Image Monitoring

As times go by, social management faces new challenges. This article examines the application of urban image surveillance technology and the methods of information collection and processing from a legal perspective, and explains the necessity of creating image surveillance. This article introduces the application of the system to the construction of legal systems in countries where urban image surveillance has been applied earlier and with more advanced legal systems at home and abroad, from the construction of the image surveillance legal system, the protection of personal privacy rights, and the protection of communication data. Explain the legislative principles to be followed in the legislative process, and put forward the principles of human rights and freedom, the principle of public interest, the principle of rule of law, and the principle of information security. Finally, I put forward a point of view on how to formulate a legal and fair legal system. It is clear that in the field of legislation, it is necessary to seek constitutional support, use civil law to regulate, use personal information protection law to regulate, and use urban image monitoring system legislation to manage. This paper proposes a “peer-to-peer tree” architecture of a two-tier distributed indexing service system based on service types. Its joining and leaving algorithms create and maintain the framework, cascading organizations related to service interests into a tree structure. Learning the neighbor search algorithm can slowly evolve the peer layer composed of many cascaded trees into an overlay network with small-world characteristics, thereby ensuring a higher search efficiency. Research shows that through functional testing and performance testing, it is found that when the number of supernodes is 200, the success rate is the highest.

Systematic Government Access to Private-Sector Data in Japan

2017 ◽  
Author(s):  
Motohiro Tsuchiya
Keyword(s):  
World War Ii ◽  
Private Sector ◽  
Legal System ◽  
Personal Information ◽  
Data Gathering ◽  
Executive Branch ◽  
Information Protection ◽  
World War ◽  
Sector Data ◽  
Personal Information Protection

The Japanese legal system has been based on the German legal system since the mid-nineteenth century, but the American legal system was grafted onto it following Japan’s defeat in World War II in 1945. The postwar Constitution contained an article regarding the secrecy of communications and protected privacy in terms of respect of individuals. Now, as the Personal Information Protection Law in the Executive Branch, which was enacted in 1988, and the Personal Information Protection Law, which was enacted in 2003, strictly regulate privacy, there have been fewer problematic cases regarding governmental access to private-sector data. Data gathering for law enforcement or intelligence activities has also been weaker following World War II. Private-sector corporations/organizations might share data with government agencies, but based on voluntary arrangements, not by any mandatory system. More focus is being cast not on governmental access to private-sector data, but on citizen’s access to data.

scholarly journals The Transplant of Trusts in Different Legal Jurisdictions: The Example of China

Global Jurist ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Giulia Terranova
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Original Model ◽  
People’S Republic Of China ◽  
Legal Institution ◽  
Legal Systems ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Trust Law

AbstractLegal transplants are considered a significant factor in the evolution of legal systems. One example of transplant of a legal institution through its prestige is the diffusion of the trust from the English legal system to other common law systems and to many civil law countries. One of these is China that in 2001 enacted the Trust Law of the People’s Republic of China. This paper wants to analyse the trust under the Trust Law and to compare it with the original model in the English legal system, understanding how far or how close it is from the original one.

scholarly journals In the Absence of the Rule of Law: Everyday Lawyering, Dignity and Resistance in Myanmar’s ‘Disciplined Democracy’

2018 ◽  
Vol 28 (5) ◽  
pp. 573-599
Author(s):  
Alex Batesmith ◽  
Jake Stevens
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
State Power ◽  
Human Experience ◽  
Legal Systems ◽  
Material Support ◽  
The Rule Of Law ◽  
Alternative Perspective ◽  
The Individual ◽  
Individual Human

This article explores how ‘everyday’ lawyers undertaking routine criminal defence cases navigate an authoritarian legal system. Based on original fieldwork in the ‘disciplined democracy’ of Myanmar, the article examines how hegemonic state power and a functional absence of the rule of law have created a culture of passivity among ordinary practitioners. ‘Everyday’ lawyers are nevertheless able to uphold their clients’ dignity by practical and material support for the individual human experience – and in so doing, subtly resist, evade or disrupt state power. The article draws upon the literature on the sociology of lawyering and resistance, arguing for a multilayered understanding of dignity going beyond lawyers’ contributions to their clients’ legal autonomy. Focusing on dignity provides an alternative perspective to the otherwise often all-consuming rule of law discourse. In authoritarian legal systems, enhancing their clients’ dignity beyond legal autonomy may be the only meaningful contribution that ‘everyday’ lawyers can make.

scholarly journals ‘They Eat Potatoes, I Eat Rice’: Symbolic Boundary Making and Space in Neighbour Relations

2011 ◽  
Vol 16 (4) ◽  
pp. 22-33 ◽  
Author(s):  
Gwen Van Eijk
Keyword(s):  
Personal Information ◽  
Spatial Proximity ◽  
Easy Access ◽  
Symbolic Boundaries ◽  
Personal Privacy ◽  
Social Mixing ◽  
Boundary Making ◽  
Close Spatial Proximity ◽  
Depth Interviews ◽  
Symbolic Boundary

This article examines ‘neighbouring’ as the setting in which cross-category relations develop and symbolic boundaries are constructed. The study is based on thirty in-depth interviews with residents living in a multi-ethnic and a mono-ethnic neighbourhood in Rotterdam, the Netherlands. The findings challenge the hoped-for outcomes of social mixing in neighbourhoods, as well as the view that boundary making is something inherent to multi-ethnic neighbourhoods only. Neighbour relations are often setting-specific (relations are interchangeable, scripted and bounded, and passively maintained), which is relevant for understanding the spatiality of neighbouring and the limited exchange of personal information between neighbours. Because neighbouring involves the balancing of personal privacy and close spatial proximity, the exchange of personal information is limited, while spatial proximity ensures easy access to observable (through seeing, hearing and smelling) categorical markers that signify class, ethnicity, lifestyle, etc. In this way, neighbour interaction reconstructs symbolic boundaries rather than breaking them down.

scholarly journals Developing an Index of the Rule of Law: Sharing the Experience of Hong Kong

2007 ◽  
Vol 2 ◽  
pp. 1-19 ◽  
Author(s):  
Benny Y.T. Tai
Keyword(s):  
Hong Kong ◽  
Rule Of Law ◽  
Legal System ◽  
Downward Trend ◽  
Legal Systems ◽  
Major Aspect ◽  
The Rule Of Law ◽  
Qualitative And Quantitative

AbstractThe Rule of Law is considered a major aspect of modern governance. For every legal system, it is important whether the Rule of Law is attained and how far it has been attained. Though there are various indicators and indexes of the Rule of Law they all have their limitations. This paper reported a study conducted in Hong Kong in 2005, combining qualitative and quantitative methodologies, to assess the level of attainment of the Rule of Law in Hong Kong. It is found that the level of attainment is high but a downward trend is also discovered. A main objective of developing this new methodology in assessing Rule of Law, is that it could be used for tracking the development of the Rule of Law in a particular legal system and facilitating comparison between legal systems.

scholarly journals Solutions to Big Data Privacy and Security Challenges Associated With COVID-19 Surveillance Systems

2021 ◽  
Vol 4 ◽  
Author(s):  
Vibhushinie Bentotahewa ◽  
Chaminda Hewage ◽  
Jason Williams
Keyword(s):  
Big Data ◽  
Data Privacy ◽  
Personal Data ◽  
Surveillance Systems ◽  
Privacy Rights ◽  
Personal Privacy ◽  
Privacy And Security ◽  
Digital Surveillance ◽  
Feasible Solutions ◽  
The Impact

The growing dependency on digital technologies is becoming a way of life, and at the same time, the collection of data using them for surveillance operations has raised concerns. Notably, some countries use digital surveillance technologies for tracking and monitoring individuals and populations to prevent the transmission of the new coronavirus. The technology has the capacity to contribute towards tackling the pandemic effectively, but the success also comes at the expense of privacy rights. The crucial point to make is regardless of who uses and which mechanism, in one way another will infringe personal privacy. Therefore, when considering the use of technologies to combat the pandemic, the focus should also be on the impact of facial recognition cameras, police surveillance drones, and other digital surveillance devices on the privacy rights of those under surveillance. The GDPR was established to ensure that information could be shared without causing any infringement on personal data and businesses; therefore, in generating Big Data, it is important to ensure that the information is securely collected, processed, transmitted, stored, and accessed in accordance with established rules. This paper focuses on Big Data challenges associated with surveillance methods used within the COVID-19 parameters. The aim of this research is to propose practical solutions to Big Data challenges associated with COVID-19 pandemic surveillance approaches. To that end, the researcher will identify the surveillance measures being used by countries in different regions, the sensitivity of generated data, and the issues associated with the collection of large volumes of data and finally propose feasible solutions to protect the privacy rights of the people, during the post-COVID-19 era.

scholarly journals PERBANDINGAN SISTEM HUKUM COMMON LAW, CIVIL LAW DAN ISLAMIC LAW DALAM PERSPEKTIF SEJARAH DAN KARAKTERISTIK BERPIKIR

2018 ◽  
Vol 25 (1) ◽  
pp. 98
Author(s):  
Farihan Aulia ◽  
Sholahuddin Al-Fatih
Keyword(s):  
Legal System ◽  
Legal History ◽  
Islamic Law ◽  
Common Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
History Of ◽  
Legal Thinking ◽  
Anglo American ◽  
The Comparative Study

The legal system or commonly referred to as the legal tradition, has a wealth of scientific treasures that can be examined in more depth through a holistic and comprehensive comparative process. Exactly, the comparison of the legal system must accommodate at least three legal systems that are widely used by countries in the world today. The three legal systems are the Continental European legal system, Anglo American and Islamic Law. The comparative study of the three types of legal systems found that the history of the Continental European legal system is divided into 6 phases, while Anglo American legal history began in the feudalistic era of England until it developed into America and continues to be studied until now. Meanwhile, the history of Islamic law is divided into 5 phases, starting from the Phase of the Prophet Muhammad to the Resurrection Phase (19th century until nowadays). In addition to history, the authors find that the Continental European legal system has the characteristic of anti-formalism thinking, while the Anglo American legal thinking characteristic tends to be formalism and is based on a relatively primitive mindset. While the thinking character of Islamic Law is much influenced by the thought of the fuqoha (fiqh experts) in determining the law to solve a problem, so relatively dynamic and moderate.

scholarly journals THE ROLE OF JUDICIAL PRACTICE IN THE LEGAL SYSTEM: RUSSIAN EXPERIENCE IN THE WORLD CONTEXT

2017 ◽  
pp. 40-49 ◽  
Author(s):  
Виктор Момотов ◽  
Viktor Momotov
Keyword(s):  
Legal System ◽  
Negative Attitude ◽  
Case Law ◽  
Legal Framework ◽  
Legal Systems ◽  
Legal Norms ◽  
Judicial Practice ◽  
The Usa ◽  
Anglo American

In Russian legal science there is a wide-spread belief according to which legal precedents are not sources of Russian law, because Russian legal system forms a part of continental legal system. Various researchers believe that judicial practice does not contain legal norms and consequently case law is not a component of Russian legal framework. The present paper contains the theoretical and historical legal research of the place and role of case law in Anglo-American and continental legal systems. It’s shown that for long historical periods legal precedents were recognized as sources of law not only in Great Britain and the USA, but also in major European legal systems, while at the present time differentiation of legal systems with respect to their attitude towards case law is becoming outdated. Furthermore, based on the research of various legal scholars’ traditions (principally of the positivistic and the sociological traditions) this article demonstrates that negative attitude towards case law is largely determined by the formalistic and obsolete understanding of the term ”source of law”, coming from the misinterpretation of positivism. The paper also presents the current development trends of case law as a source of law. In particular the article outlines the proactive interpretations of new statutory provisions issued by the Plenum of the Supreme Court of the Russian Federation, the global uniqueness of such interpretations and the influence of scientific–technological progress and public needs on the highest court’s interpretations. The mutual interference of case law and statutory law is shown.

scholarly journals Kilka uwag o responsywności prawa podatkowego na przykładzie urzędowych interpretacji prawa podatkowego

2019 ◽  
Author(s):  
Jarosław Kola ◽  
Przemysław Pest
Keyword(s):  
Social Relationships ◽  
Legal System ◽  
Law And Society ◽  
Tax Law ◽  
Tax Administration ◽  
Legal Systems ◽  
Basic Functions ◽  
Three Stages ◽  
The Concept Of Law ◽  
The Relationship

The article is an attempt to look at the development of Polish tax law through the prism of the concept of law development proposed by Ph. Selznick and Ph. Nonet. In the study Law and Society in Transition. Towards Responsive Law they distinguished three stages of evolution of legal systems: repressive, autonomous and responsive. The focus of the article is on the institution of the official interpretation of tax law, because an analysis of the transformation of the legal system allows to capture trends that are present in the development of its individual institutions as well as social relationships among its recipients. By indicating the evolution of official in terpretations of tax law in its two basic functions – those of informing and those of guaranteeing (protective) – the authors point to a wider context of the development of tax law to show whether and how changes in the normative regulation of official interpretations of tax law may affect the shape of the relationship between a tax payer and tax administration, where the perspective of the analysis of demand is the responsiveness of law. An analysis of the regulation of an official interpretation of tax law leads to the conclusion that due to the assigned ratio legis this interpretation must characterise them as corresponding mainly to the autonomous model. At the same time a responsive model of law does not undermine the autonomous model attributes. Thus if we were to accept that the provision of interpretation corresponds to the autonomous model, it would not be possible to note that it also has attributes that make it a responsive model. Irrespective of the fact that there is no element of negotiation, it is based on the interaction between the taxpayer and the tax administration. As part of this interaction, tax administration responds to the reported social need in terms of the ambiguity of law, which de iure – not least because of the possibility of bringing an action against the content of interpretation – takes place in the framework of a communication situation that is free from external coercion.

scholarly journals Quantifying Legal Entropy

2021 ◽  
Vol 9 ◽  
Author(s):  
Ted Sichelman
Keyword(s):  
Information Theory ◽  
Information Content ◽  
Legal System ◽  
Legal Systems ◽  
Information Costs ◽  
Precise Quantification ◽  
The Law ◽  
Legal Contexts ◽  
Definition Of ◽  
Quantitative Definition

Many scholars have employed the term “entropy” in the context of law and legal systems to roughly refer to the amount of “uncertainty” present in a given law, doctrine, or legal system. Just a few of these scholars have attempted to formulate a quantitative definition of legal entropy, and none have provided a precise formula usable across a variety of legal contexts. Here, relying upon Claude Shannon's definition of entropy in the context of information theory, I provide a quantitative formalization of entropy in delineating, interpreting, and applying the law. In addition to offering a precise quantification of uncertainty and the information content of the law, the approach offered here provides other benefits. For example, it offers a more comprehensive account of the uses and limits of “modularity” in the law—namely, using the terminology of Henry Smith, the use of legal “boundaries” (be they spatial or intangible) that “economize on information costs” by “hiding” classes of information “behind” those boundaries. In general, much of the “work” performed by the legal system is to reduce legal entropy by delineating, interpreting, and applying the law, a process that can in principle be quantified.

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