scholarly journals Civil Law Protection of Network Virtual Property

2020 ◽  
Vol 4 (4) ◽  
pp. 140
Author(s):  
Siyu Pan

<p>With the rapid development of science and technology, the form of property is not confined to the traditional concept of real life any more, and it also includes network virtual property. Besides, economic benefits are considerable as the network industry grows, which makes trading of virtual property a very common behavior in the real word. In such situation, there are various disputes concerned with virtual property emerging. However, relevant research and legislation can’t make breakthroughs as virtual property has vague legal status, complicated process of identification, and different definitions as well as unsolved legal protection method in academic field. Compared with the development of the network industry, legislation in the scope of virtual property has lagged far behind, which is hard to be the theoretical basis for solving disputes.</p><p>By analyzing the attributes of virtual property, and combining relevant cases with research results, the author seeks to put forward the protection rules of virtual property in line with the current situation in China, with civil law protection as the core. Possible further researches and prospects on protecting virtual property are also discussed in this article.</p>

2020 ◽  
Vol 9 (5) ◽  
pp. 67
Author(s):  
Fengming Yang

With the continuous innovation of life style, people’s property forms are gradually diversified, virtual property is becoming the most important part of people’s daily life. Although the virtual property is quite different from ordinary property forms, it still exists as a special property, and is subject to the adjustment of civil law. With the recent promulgation of Civil Code, virtual property is brought into the scope of protection of civil law, which lays the most solid foundation for the legal protection of virtual property, and points out the direction for the relevant laws of virtual property in the future.


2019 ◽  
Vol 2 (2) ◽  
pp. 96
Author(s):  
Avina Permatasari ◽  
Susanti Adi Nugroho

In Indonesia, where one of the effects of globalization is high population growth rate, it proportionally correlates with housing development in major cities and its surrounding. House plays a mojor role in family development, a place to live safely and as a safe harbor for families where, the construction of the houses is usually done by the developer, especially in suburban areas. Both the developer and consumer have their own respective rights and obligation that has to be fulfilled as regulated by Consumer Protection Law Number 8 of 1999. The author raises the issue from the verdict of the Supreme Court No 930 regarding Special Civil Law of 2016 where the developer did not fulfill its obligation of finishing the construction on time and as a result, the consumer suing for her compensation right. The paper will address what legal protection method can a consumer get in order to fulfil their late compensation fees which included in Consumer Protection Law Number 8 of 1999? How the judge’s verdict of Supreme Court No 930 regarding Special Civil Law of 2016 impacting the case of the consumer versus the developer?


2014 ◽  
Vol 926-930 ◽  
pp. 2622-2625
Author(s):  
Xue Ni

With the rapid development of Internet technology, network transactions are in increasing breadth and depth. Online trading market transactions as a new way to bring great economic benefits to society, but also to enter into the market for traditional legal face great challenges. Network of consumer protection in the transaction there is no protection of personal privacy, personal property, security risks, right, fair trading rights (the main form of contract) damages, rights have been infringed. In this paper, comparative research methods, introduced online trading, online trading, e-commerce and the difference between the three links to the special nature of the transaction through the network analysis and network transaction concrete manifestation of consumers 'interests to explore our network Trading in consumer protection are the main problems facing the proposed line with China's national conditions and consumer rights protection network transactions legislative proposals.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Adarsh Anand ◽  
Subhrata Das ◽  
Mohini Agarwal ◽  
Shinji Inoue

PurposeIn the current market scenario, software upgrades and updates have proved to be very handy in improving the reliability of the software in its operational phase. Software upgrades help in reinventing working software through major changes, like functionality addition, feature enhancement, structural changes, etc. In software updates, minor changes are undertaken which help in improving software performance by fixing bugs and security issues in the current version of the software. Through the current proposal, the authors wish to highlight the economic benefits of the combined use of upgrade and update service. A cost analysis model has been proposed for the same.Design/methodology/approachThe article discusses a cost analysis model highlighting the distinction between launch time and time to end the testing process. The number of bugs which have to be catered in each release has been determined which also consists of the count of latent bugs of previous version. Convolution theory has been utilized to incorporate the joint role of tester and user in bug detection into the model. The cost incurred in debugging process was determined. An optimization model was designed which considers the reliability and budget constraints while minimizing the total debugging cost. This optimization was used to determine the release time and testing stop time.FindingsThe proposal is backed by real-life software bug dataset consisting of four releases. The model was able to successfully determine the ideal software release time and the testing stop time. An increased profit is generated by releasing the software earlier and continues testing long after its release.Originality/valueThe work contributes positively to the field by providing an effective optimization model, which was able to determine the economic benefit of the combined use of upgrade and update service. The model can be used by management to determine their timelines and cost that will be incurred depending on their product and available resources.


Author(s):  
Victoria Shesterina

The article is devoted to the study of the nature and content of the term “protection of personal non-property rights”. Based on the review of judicial practice, the author concludes that civil protection of intangible assets in the Russian Federation is carried out in the restorative and compensatory directions. The article analyzes such methods of civil protection of intangible benefits as compensation for moral damage and refutation of publicly known information of a defamatory nature. Based on the results of the study, the author concludes that it is necessary to apply innovative methods and techniques of civil law protection of personal non-property rights.


2021 ◽  
Vol 236 ◽  
pp. 01040
Author(s):  
Hong Tang ◽  
Changpin Ji ◽  
Yan Zhao

At present, with the rapid development of urban-rural integration, the problems of land fragmentation in rural areas, such as low land use rate, poor economic benefits, many production conflicts and disputes, land distribution difficulties and other negative effects, continue to appear, and the rural economic development is very severe. Based on this, this paper mainly studies the path of land resource integration, studies the reform of land system in various aspects, such as land circulation system, homestead reform, land acquisition system and other specific systems, and studies the specific path of land resource integration, so as to promote the land utilization rate, promote the rapid development of population industry and its development The increase of farmers' income.


Author(s):  
P. Sanghamitra ◽  
Debabrata Mazumder ◽  
Somnath Mukherjee

Abstract Discharge of oily wastewater imparts serious threat to the environment because of high level concentration of COD, BOD as well as oil and grease and it is difficult to treat such wastewater due to its inherent toxic and inhibitory property. A treatability study of oily wastewater (carrying petroleum) has been performed in the present work using a batch suspended growth reactor. The experiment was conducted using acclimatized suspended biomass in laboratory environment and the kinetic coefficients were determined which are immensely important for design of such reactor. The oil removal efficiency was observed to be in the range of 62.84–85.45% corresponding to average MLSS concentration range of 1,797–3,668 mg/L. Haldane kinetic model was found to be the best fitted for the biodegradation of oily wastewater with acclimatised microorganisms in the present investigation. The kinetic co-efficients including Ks, Y, kd, k and ki were calculated from the experimental data and the values were compared with published results cited by various scientists. The derived kinetic coefficients values are to be useful for understanding the dynamics of substrate utilisation with production of biomass and efficient design of biological systems and also for pilot plant investigation with real life wastewater of similar nature.


2020 ◽  
Vol 24 (3) ◽  
pp. 658-672
Author(s):  
Pavel L. Likhter

The research is devoted to topical issues of law in the field of neuromarketing. The transition from commodity economy to economy of impressions is largely due to application of modern methods of monitoring brain functioning in order to increase efficiency of production and trading strategies. Due to the potential ability to influence the decision-making process of clients, neuromarketing attracts mixed opinions from lawyers and psychologists. The current legislation does not provide an appropriate level of regulation of neuroscience and their results in the market. At the same time, the precontractual impact on the consumer may contain signs of distorting the principles of freedom of contract, good faith, and reasonableness. The article proposes to consider the rational behavior of an individual - one of the main presumptions of civil law - from a new perspective, given the current results of neuropsychological research and ethical and legal aspects of social relations. The results of the work allow to speak about fundamental possibility of limiting the dynamic form of free will in a contractual obligation (up to the refusal of a transaction) if there are conditions related both directly to the psychophysiological characteristics of the counterparty and the pe-culiarities of neuromarketing effects under a specific contract. The relevance of hierarchical concepts of autonomy of will is noted; these are the situations when an individual choice is subject to legal protection, if it reflects a genuine will, consistent with the essential goals and values of the person. The absence of defects in awareness and voluntariness in such cases is a key aspect of principles of freedom of contract and reasonableness associated with a conscious decision when entering an obligation.


2018 ◽  
Vol 1 (2) ◽  
pp. 157-171
Author(s):  
Dian Ekawati

The progress of the banking system cannot be separated from the role of information technology. In addition to facilitating the company's internal operations, technology tools also aim to facilitate service to bank customers. One side of Information Technology provides not a few benefits to improving services both public services and internal services. On the other hand Information Technology is used by people who are not responsible by committing acts that are against the law, which attacks various legal interests of the people, society, and the state. This study aims to get information about banking crimes that use the skimming method and about legal protection for customers who are victims of skimming crime. The research method is juridical normative, namely obtaining and combining and analyzing data obtained from books, articles and journals and related legislation. The results obtained are that crime skimming is an old mode of customer money burglary which is done by stealing customer data at the customer's ATM with skimmer techniques. Legal protection against customers who are harmed due to the crime of skimming can be carried out by criminal means, namely reporting to the police and the police's duty to arrest the perpetrators. Legal protection through civil law by way of the bank replacing the customer's money after clarifying the transaction against the customer's account


2021 ◽  
Vol 11 (2) ◽  
pp. 17-31
Author(s):  
Lanfang Zhang ◽  
Zhiyong Zhang ◽  
Ting Zhao

With the rapid development of mobile internet, a large number of online social networking platforms and tools have been widely applied. As a classic method for protecting the privacy and information security of social users, access control technology is evolving with the spatio-temporal change of social application requirements and scenarios. However, nowadays there is a lack of effective theoretical model of social spatio-temporal access control as a guide. This paper proposed a novel spatio-temporal access control model for online social network (STAC) and its visual verification, combined with the advantages of discretionary access control, using formal language to describe the access control rules based on spatio-temporal, and real-life scenarios for access control policy description, realizes a more fine-grained access control mechanism for social network. By using the access control verification tool ACPT developed by NIST to visually verify the proposed model, the security and effectiveness of the STAC model are proved.


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