scholarly journals Application of Internet and Big Data Technology to Give Full Play to the Function of Procuratorial Civil Public Interest Litigation in China

2021 ◽  
pp. 516-524
Author(s):  
Qian Zhang

The procuratorial civil public interest litigation system is a kind of legal system, which will realize certain legal functions. As an important way for procuratorial organs to exercise their functions and powers, procuratorial civil public interest litigation system in China has many functions: on the one hand, it has the core function of protecting social public interests; on the other hand, it has the main function of enforcing laws, forming public policies and promoting social governance; and it has the guiding function of providing reference for similar reforms. How to fully give play to the function of procuratorial civil public interest litigation, the big data is an important means. Procuratorial organs should make full use of the information of data platform, and enhance the joint efforts of public welfare protection, and set up the thinking of handling cases with information and improve application ability, so as to plug in "wisdom wings" for the procuratorial civil public interest litigation.

2019 ◽  
Vol 21 (4) ◽  
pp. 269-291
Author(s):  
Yun Ma

Along with the adoption of environmental public interest litigation (EPIL) in China, the configuration among civil society, administrative, procuratorial and judicial powers is reshaped and transformed. With various actors brought to the public interest ground, the conventional role of governments as a public interest defender through law enforcement activities is distorted. This, on the one hand, spurs and supplements insufficient government enforcement of environmental law, and on the other hand poses the danger of supplanting government enforcement, crowding out statutory responsibilities for governments and eroding their discretion in selecting regulatory tools and administrative procedures. To reach a balance making no power excessively intruding the other and bring PIL’s potential into full play, realignment of their respective roles and functions in the enforcement system is imperative. Government enforcement should be strengthened and given priority in vindicating environmental public interests. Pre-conditions for filing different types of EPIL claims should be established and specified. To develop an internally coordinated EPIL system, the future reforms should be legally underpinned with the order of standing coordinated, concurrent claims screened, connection arrangements established and the usage of incidental litigation promoted.


2016 ◽  
Vol 14 (4) ◽  
pp. 937-939
Author(s):  
Renato Vrenčur ◽  
Michael Knaus ◽  
Matjaž Tratnik

Servitudes (easements) traditionally include the right to use foreign property. Specific types of servitudes are servitudes in the public interest. These are set up either in favour of the state, municipalities or operators of utilities. These servitudes are subject to some specific rules. For example, servitude in the public interest is established to carry out an undertaking for the operation of economic activity, i.e. to pursue public interests. It is needed for the duration of the use of public infrastructure; therefore, Article 227 of SPZ, under which a servitude may only be established for a limited duration of not more than thirty years, is not suitable for these servitudes. Furthermore, these servitudes are not independently transferable; they are transferred together with the right to operate economic public infrastructure. The authors discuss in particular the specific legal nature of a servitude in the public interest.


elni Review ◽  
2007 ◽  
pp. 13-19
Author(s):  
Dora Schaffrin ◽  
Michael Mehling

Environmental protection has invariably become one of the central challenges facing modern societies and, by extension, their respective states. Constitutionally endowed with judicial powers, states also have a mandate to guarantee the rights and duties arising from legislation on the environment, including, if necessary, their enforcement. In the process, public interest litigation in environmental matters has acquired growing importance as one important means of achieving this objective. By describing the legal framework for public interest litigation, this article seeks to shed light on an important channel of environmental protection in Germany, whose role in countering environmental pollution and other forms of damage to public goods prior to serious and irreversible deterioration has been consistently on the rise. Against this background, the aim of the article is to provide an introduction to German experiences with public interest litigation in environmental matters, both with a view to its success to date and also to more critical aspects.


2014 ◽  
Vol 631-632 ◽  
pp. 1049-1052
Author(s):  
Sen Pan ◽  
Li Peng Zhu ◽  
Bin Hu ◽  
Pei Yang

According to the rapid growth of the scale of the data at present, the traditional model of data analysis based on stand-alone can't meet to the storage and processing of massive data. With the rise of big data technology, integrating the traditional method of data analysis with big data platform to improve the efficiency of data analysis has become a research direction. This paper analyzes the integration of offline data processing and the Hadoop HDFS, MapReduce, designs a large offline data analysis system platform based on Hadoop, and introduces the core function module.


Sociologija ◽  
2006 ◽  
Vol 48 (4) ◽  
pp. 356-382 ◽  
Author(s):  
Miodrag Vujosevic ◽  
Ksenija Petovar

Here a preliminary hypothesis is used, viz., that the concept of "postsocialist" public interests is disputed in each and every aspect, implicating that a new theoretical and heuristic framework is needed for urban planning. This framework ought to be developed in a way to render it acceptable as a common denominator for the majority of urban actors, on the one hand, and to help balance individual (partial) and collective interests in the preparation and implementation of planning decisions at various planning levels, on the other. Under the current conditions of transition, there are very few elements that could in advance and with certainty be ascertained of public or general interest. The quality and societal relevance of planning decisions would basically depend on the quality of planning communication and interaction, also being relevant for the developing of a public interest. In the contribution, it is particularly emphasized that, following the collapse of the former ("socialist") public interests, the very legitimacy of planning is endangered as well. We direct attention to a number of new approaches, with a view to make use of their respective rational, productive, emancipatory and modernizing potential. Here, it is almost the last "resort" for one to insist on the publicity and public control in planning decision-making, especially in terms of the role of laymen - versus the more powerful and influential stakeholders - as the key direction in developing of new modes of planning. In this context, of crucial importance is to develop a new theoretical articulation of the concept of "postsocialist" public interests, as this concept is constituent for developing democratic planning during the transition period. The key aspect here pertains to balancing a large number of emerging and legitimate individual interest vis-?-vis public (collective, common, and similar) interests. This also applies to developing new institutional and organization arrangements and support that are needed, to direct the "societal game" of individual interests to collective public purposes. Particularly, effective arrangements of the kind are needed to prevent the "game" ends in destructive outcome, in the first place for the already well established public interests that will predictably keep such status.


2013 ◽  
Vol 316-317 ◽  
pp. 649-652
Author(s):  
Xiao Qin Zhu ◽  
Jin Long He

Since 2007, some district courts in China set up Environmental Protection Tribunals, accepting environmental public interest litigations (EPIL) to protect source water. In this article, the authors try to sum up the experiences and problems of these three modes, they are, Guiyang Mode, Wuxi Mode and Kunming Mode. These three modes have respective innovations. They are also facing some challenges. The authors also offer some suggestions to deal with these problems.


2019 ◽  
Vol 53 (3) ◽  
pp. 281-294
Author(s):  
Jean-Michel Foucart ◽  
Augustin Chavanne ◽  
Jérôme Bourriau

Nombreux sont les apports envisagés de l’Intelligence Artificielle (IA) en médecine. En orthodontie, plusieurs solutions automatisées sont disponibles depuis quelques années en imagerie par rayons X (analyse céphalométrique automatisée, analyse automatisée des voies aériennes) ou depuis quelques mois (analyse automatique des modèles numériques, set-up automatisé; CS Model +, Carestream Dental™). L’objectif de cette étude, en deux parties, est d’évaluer la fiabilité de l’analyse automatisée des modèles tant au niveau de leur numérisation que de leur segmentation. La comparaison des résultats d’analyse des modèles obtenus automatiquement et par l’intermédiaire de plusieurs orthodontistes démontre la fiabilité de l’analyse automatique; l’erreur de mesure oscillant, in fine, entre 0,08 et 1,04 mm, ce qui est non significatif et comparable avec les erreurs de mesures inter-observateurs rapportées dans la littérature. Ces résultats ouvrent ainsi de nouvelles perspectives quand à l’apport de l’IA en Orthodontie qui, basée sur le deep learning et le big data, devrait permettre, à moyen terme, d’évoluer vers une orthodontie plus préventive et plus prédictive.


2018 ◽  
Vol 34 (1) ◽  
Author(s):  
Dewi Rosiana ◽  
Achmad Djunaidi ◽  
Indun Lestari Setyono ◽  
Wilis Srisayekti

This study aims to describe the effect of sanctions (individual sanctions, collective sanctions, and absence of sanctions) on cooperative behavior of individuals with medium trust in the context of corruption. Both collective sanctions and individual sanctions, are systemic, which means sanctioning behavior is exercised not by each individual but by the system. Cooperative behavior in this context means choosing to obey rules, to reject acts of corruption and to prioritize public interests rather than the personal interests. Conversely, corruption is an uncooperative behavior to the rules, and ignores the public interest and prioritizes personal interests. Research subjects were 62 students. The Chi-Square Analysis was used to see the association between the variables and the logistic regression model was applied to describe the structure of this association. Individual sanction is recommended as punishment to medium trust individuals to promote cooperative behavior in the context of corruption. The results showed that individuals with medium trust had more cooperative behavior.


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