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1
Mogilina, Y. "Ausralia legal system." Thesis, Сумський державний університет, 2013. http://essuir.sumdu.edu.ua/handle/123456789/33765.
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Australia's legal system also known as ‘Common law system' is based on the model which was inherited by those countries whose development was influenced by British Colonialism in particular the commonwealth countries and the U.S.A.
When you are citing the document, use the following link http://essuir.sumdu.edu.ua/handle/123456789/33765
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Miller, Benjamin. "Theorizing Legal Needs: Towards a Caring Legal System." Thesis, Université d'Ottawa / University of Ottawa, 2016. http://hdl.handle.net/10393/35204.
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Care ethics is primarily about responding to needs. Yet, surprisingly, attempts to apply the ethics of care in the domain of law have paid almost no attention to the concept of legal needs. This study fills that gap by systematically defining legal needs. It does this by revising current understandings of legal need through a unified conceptual framework for the philosophy of needs and a comparative analysis of legal action, and its major alternatives in dispute resolution and prevention. The conception of legal need that results is both more sensitive to preventative functions of the law and opens the door to a much wider range of policy options beyond legal aid. Legal needs are found to be a special case of institutional needs, i.e. needs that cannot be satisfied without an institution. I argue that the existence of institutional needs means institutions, rather than any particular actor within them, can be caregivers, but not all conceptions of the ethics of care are compatible with this kind of need. Joan Tronto’s conception of care is found to be the most accommodating and is used as a framework for a series of policy recommendations to move us towards a caring legal system.
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Mayer, Peter W. "Extra-legal factors in the American legal system." Oberlin College Honors Theses / OhioLINK, 1986. http://rave.ohiolink.edu/etdc/view?acc_num=oberlin1316113331.
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Gavin, Erick. "Is a trustless system an ethical system?" Universität Leipzig, 2018. https://ul.qucosa.de/id/qucosa%3A21213.
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If you have not been hiding under a rock you have heard the whispers about Bitcoin and Blockchain, and they are going to revolutionize everything we do (or scam everyone into debt at the very least). One very interesting part of this technology is the idea of Smart Contracts – programs that automate the process of an agreement between two entities essentially to circumvent aspects traditional problems with executing and enforcing said contract. While in the legal community Smart Contracts have been talked about at length about whether they can truly succeed in replacing certain functions of the legal system, one question that has yet to be asked is if they are a viable substitute are many people immediately placed in a detrimental or even harmful situation. The pervasiveness of Blockchain and Smart Contracts will not affect everyone in our society equally and that must be taken into consideration.
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Aikenhead, Michael. "Legal knowledge-based systems : new directions in system design." Thesis, Durham University, 2001. http://etheses.dur.ac.uk/4384/.
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This thesis examines and critiques the concept of 'legal knowledge-based’ systems. Work on legal knowledge-based systems is dominated by work in 'artificial intelligence and law’. It seeks to automate the application of law and to automate the solution of legal problems. Automation however, has proved elusive. In contrast to such automation, this thesis proposes the creation of legal knowledge-based systems based on the concept of augmentation of legal work. Focusing on systems that augment legal work opens new possibilities for system creation and use. To inform how systems might augment legal work, this thesis examines philosophy, psychology and legal theory for information they provide on how processes of legal reasoning operate. It is argued that, in contrast to conceptions of law adopted in artificial intelligence and law, 'sensemaking' provides a useful perspective with which to create systems. It is argued that visualisation, and particularly diagrams, are an important and under considered element of reasoning and that producing systems that support diagramming of processes of legal reasoning would provide useful support for legal work. This thesis reviews techniques for diagramming aspects of sensemaking. In particular this thesis examines standard methods for diagramming arguments and methods for diagramming reasoning. These techniques are applied in the diagramming of legal judgments. A review is conducted of systems that have been constructed to support the construction of diagrams of argument and reasoning. Drawing upon these examinations, this thesis highlights the necessity of appropriate representations for supporting reasoning. The literature examining diagramming for reasoning support provides little discussion of appropriate representations. This thesis examines theories of representation for insight they can provide into the design of appropriate representations. It is concluded that while the theories of representation that are examined do not determine what amounts to a good representation, guidelines for the design and choice of representations can be distilled. These guidelines cannot map the class of legal knowledge-based systems that augment legal sensemaking, they can however, be used to explore this class and to inform construction of systems.
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Tang, Weisen. "The research on social enterprise legal systems - to establish the social enterprise legal system in China." Doctoral thesis, Università degli studi di Trento, 2014. https://hdl.handle.net/11572/368546.
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In the 1970'€™s, western countries endured economic crisis. As a result, the reform of welfare system took place, including the reduction of entitlement-based income assistance for vulnerable groups, and the tightening non-profit funding environment at government foundation lever, which led to fund shortage of non-profit organizations and thus public services were reduced. Meanwhile, economic crisis also brought about social problems such as unemployment, environmental deterioration, etc., which raised the need of public services. Responding to this situation, some traditional non-profit organizations began to utilize market-based approaches to solve these social problems and as a consequence, social enterprises emerged in Europe and United States in 1990’s. By now, social enterprise is a growing globe phenomenon.
Since 2004, researches and practices of social enterprise from developed countries have been introduced into China, and some entrepreneurs adopted this mode to perform social activities. Its positive impacts on society and economy attracted a large number of researchers’ attention and some of them dedicated themselves into it. However, the current results of these researches are still lagging behind the practice of social enterprise, meaning that the theories cannot offer the practices strong system support, especially in the field of legal system of social enterprise. To address this urgent need, the thesis researches the leading legal theories and practices of social enterprise from western countries, and attempts to establish a social enterprise legal system in China.
The first part of the article displays general context in China, including economy, policy, practice and legislation. It also addresses the important issues, the meaning as well as the methodologies and arrangement of this research.
The second part of this article sorts out the basic theories of social enterprises, including concepts, features, characters and functions. The sort is centered some developed countries in Europe, including Italy, the United Kingdom, Spain and other important research organizations, and the United States; it mainly focuses on the important issues of the establishment of social enterprise legal system in China and the developed countries that lead the researches and practices of social enterprise in the world. The third part of this article analyzes the legal systems of social enterprises in the United Kingdom, Italy and the United States, which can be adapted to the realities in China. In addition, their specific regimes, in regard of important legal issues, can serve as reference to the establishment of social enterprise legal system in China. The last part of this article provides some legislative suggestions based on the combination of experience from the developed countries and realities in China. The sinicization of the experience from other countries should be catered the needs of the establishment, especially the needs of integration of former related laws. The main factors, including purposes, principles, definitions and models of social enterprises should be analyzed before establishing the specific legal regimes of social enterprises. Moreover, legal suggestions of regimes for Specialized Farmers Cooperatives, Welfare Enterprises and People-run Non-enterprise Units are put forward accordingly, as well as some suggestions for other quasi social enterprises on establishing new regimes. Last but not the least, the article analyzes the regimes of supporting measures and regulations, which can provide social enterprises with resources and positive adjustments from external systems.
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Tang, Weisen. "The research on social enterprise legal systems -to establish the social enterprise legal system in China." Doctoral thesis, University of Trento, 2014. http://eprints-phd.biblio.unitn.it/1320/1/The_research_on_social_enterprise_legal_systems%E2%80%94to_establish_the_social_enterprise_legal_system_in_China.pdf.
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In the 1970's, western countries endured economic crisis. As a result, the reform of welfare system took place, including the reduction of entitlement-based income assistance for vulnerable groups, and the tightening non-profit funding environment at government foundation lever, which led to fund shortage of non-profit organizations and thus public services were reduced. Meanwhile, economic crisis also brought about social problems such as unemployment, environmental deterioration, etc., which raised the need of public services. Responding to this situation, some traditional non-profit organizations began to utilize market-based approaches to solve these social problems and as a consequence, social enterprises emerged in Europe and United States in 1990âs. By now, social enterprise is a growing globe phenomenon.
Since 2004, researches and practices of social enterprise from developed countries have been introduced into China, and some entrepreneurs adopted this mode to perform social activities. Its positive impacts on society and economy attracted a large number of researchersâ attention and some of them dedicated themselves into it. However, the current results of these researches are still lagging behind the practice of social enterprise, meaning that the theories cannot offer the practices strong system support, especially in the field of legal system of social enterprise. To address this urgent need, the thesis researches the leading legal theories and practices of social enterprise from western countries, and attempts to establish a social enterprise legal system in China.
The first part of the article displays general context in China, including economy, policy, practice and legislation. It also addresses the important issues, the meaning as well as the methodologies and arrangement of this research.
The second part of this article sorts out the basic theories of social enterprises, including concepts, features, characters and functions. The sort is centered some developed countries in Europe, including Italy, the United Kingdom, Spain and other important research organizations, and the United States; it mainly focuses on the important issues of the establishment of social enterprise legal system in China and the developed countries that lead the researches and practices of social enterprise in the world. The third part of this article analyzes the legal systems of social enterprises in the United Kingdom, Italy and the United States, which can be adapted to the realities in China. In addition, their specific regimes, in regard of important legal issues, can serve as reference to the establishment of social enterprise legal system in China. The last part of this article provides some legislative suggestions based on the combination of experience from the developed countries and realities in China. The sinicization of the experience from other countries should be catered the needs of the establishment, especially the needs of integration of former related laws. The main factors, including purposes, principles, definitions and models of social enterprises should be analyzed before establishing the specific legal regimes of social enterprises. Moreover, legal suggestions of regimes for Specialized Farmers Cooperatives, Welfare Enterprises and People-run Non-enterprise Units are put forward accordingly, as well as some suggestions for other quasi social enterprises on establishing new regimes. Last but not the least, the article analyzes the regimes of supporting measures and regulations, which can provide social enterprises with resources and positive adjustments from external systems.
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Popple, James David, and james@popple net. "SHYSTER: A Pragmatic Legal Expert System." The Australian National University. Faculty of Engineering and Information Technology, 1993. http://thesis.anu.edu.au./public/adt-ANU20020609.233848.
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Most legal expert systems attempt to implement complex models of legal reasoning. Yet the utility of a legal expert system lies not in the extent to which it simulates a lawyer's approach to a legal problem, but in the quality of its predictions and of its arguments. A complex model of legal reasoning is not necessary: a successful legal expert system can be based upon a simplified model of legal reasoning. ¶
Some researchers have based their systems upon a jurisprudential approach to the law, yet lawyers are patently able to operate without any jurisprudential insight. A useful legal expert system should be capable of producing advice similar to that which one might get from a lawyer, so it should operate at the same pragmatic level of abstraction as does a lawyer - not at the more philosophical level of jurisprudence. ¶
A legal expert system called SHYSTER has been developed to demonstrate that a useful legal expert system can be based upon a pragmatic approach to the law. SHYSTER has a simple representation structure which simplifies the problem of knowledge acquisition. Yet this structure is complex enough for SHYSTER to produce useful advice. ¶
SHYSTER is a case-based legal expert system (although it has been designed so that it can be linked with a rule-based system to form a hybrid legal expert system). Its advice is based upon an examination of, and an argument about, the similarities and differences between cases. SHYSTER attempts to model the way in which lawyers argue with cases, but it does not attempt to model the way in which lawyers decide which cases to use in those arguments. Instead, it employs statistical techniques to quantify the similarity between cases. It decides which cases to use in argument, and what prediction it will make, on the basis of that similarity measure. ¶
SHYSTER is of a general design: it provides advice in areas of case law that have been specified by a legal expert using a specification language. Four different, and disparate, areas of law have been specified for SHYSTER, and its operation has been tested in each of those legal domains. ¶
Testing of SHYSTER in these four domains indicates that it is exceptionally good at predicting results, and fairly good at choosing cases with which to construct its arguments. SHYSTER demonstrates the viability of a pragmatic approach to legal expert system design.
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Agoe, Felix Tetteh, and Tetiana Gennadiievna Ostepenko. "Legal system of business in Ghana." Thesis, National aviation university, 2021. https://er.nau.edu.ua/handle/NAU/53431.
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Ghana operates a legal system that is premised on English common law. The laws of Ghana are composed of: the Constitution; statutes enacted by Parliament; orders, rules and regulations made by any person or authority with power conferred under the Constitution; the existing law; and Common Law, which is defined as the rules of law generally known as the doctrines of equity and the rules of customary law, which are rules of law that by custom are applicable to particular communities in Ghana, including those determined by the Superior Court of Judicature. An entrepreneur, irrespective of nationality, can set up a business enterprise in Ghana in accordance with the provisions of any of the following legal instruments: The Companies Code, 1963 (Act 179) The Partnership Act, 1962 (Act 152) The Business Name Act, 1962 (Act 151).
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Masná, Tereza. "Právní systémy Číny, Japonska a Indie a jejich obchodně-právní aspekty." Master's thesis, Vysoká škola ekonomická v Praze, 2009. http://www.nusl.cz/ntk/nusl-11312.
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The topic of this work is aimed at description of the legal systems of China, Japan and India. It focuses in detail on description of chosen aspects of contemporary commercial law in those three countries. A method of historical and regional comparison is used. The main aim of this work is to give summarized study about the given issues and highlight similarities and differences among legal systems of China, Japan and India.
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Malia, Sarah Elaine Catherine. "Negotiating the legal divorce process mothers' perceptions and experiences of the legal system /." Diss., Columbia, Mo. : University of Missouri-Columbia, 2005. http://hdl.handle.net/10355/4232.
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Thesis (M.S.)--University of Missouri-Columbia, 2005.<br>The entire dissertation/thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file (which also appears in the research.pdf); a non-technical general description, or public abstract, appears in the public.pdf file. Title from title screen of research.pdf file viewed on (month day, year) Vita. Includes bibliographical references.
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Shiravi-Khozani, Abdolhossein. "The legal aspect of international countertrade, with reference to the Australian Legal System." Title page, contents and abstract only, 1997. http://web4.library.adelaide.edu.au/theses/09PH/09phs5577.pdf.
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Bibliography: leaves 462-479. "... to provide a basis for understanding countertrade practices. In particular, however, it aims to provide assistance to trading parties to identify the problems associated with various forms of countertrade and to give them guidance in drafting countertrade contracts in the light of Australian law.".
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Roppo, Vincenzo. "The Private Law in the Legal System." IUS ET VERITAS, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/122761.
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In this article, the author introduces the main features and fundamentals of Private Law. Then, he makes a brief tour of the areas covered by private law within the system. Finally, through a comparison between the operation of private law and public law, the different logic to which each responds is emphasized.<br>En el presente artículo, el autor realiza una introducción a las principales características y fundamentos del Derecho Privado. Luego, hace un breve recorrido sobre las áreas que abarca el derecho privado dentro del ordenamiento. Finalmente, a través de una comparación entre el funcionamiento del derecho privado y del derecho público, se enfatiza la lógica distinta a la que cada uno responde.
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García, Toma Víctor. "The Constitution and the national legal system." THĒMIS-Revista de Derecho, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/108530.
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By which rules and principles does our sources oflaw system work? What is the relevance of our Constitution and of the Constitutional Court in thematter?In this article, the renowned constitutionalist falls in on these topics with a detailed work, but he also traces a path through our legal system, describing the norms it consists of according to their hierarchyin “the pyramid”.<br>¿Por qué reglas y principios se rige nuestro sistema de fuentes de Derecho? ¿Cuál es la importancia denuestra Constitución y del Tribunal Constitucionalal respecto?En el presente artículo, el renombrado constitucionalista incide sobre estas cuestiones con una detallada exposición, así como también hace un recorrido a través de nuestro sistema jurídico, describiendo las normas que lo componen de acuerdo a su jerarquía en “la pirámide”.
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Detsomboonrut, Noppadon. "International law as a constitutionalized legal system." Thesis, University of Edinburgh, 2016. http://hdl.handle.net/1842/30994.
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Constitutional approaches have been frequently employed in recent international legal literature. This unavoidably triggers the question of the quality of international law as a constitutionalized legal system. This thesis attempts to answer such a question by determining the necessary and sufficient conditions for a constitutionalized international legal system and whether or not, at present, such minimum requirements have been fulfilled. The main difficulty in the articulation of these conditions is the semantic problem regarding the contours and content of constitutionalism caused by the transfer of this highly contested concept to the international context. In order to understand the destination context, a cosmopolitan paradigm will be consulted to provide explanations for the state-centred character of international law as part of the world’s multi-level governance. The thesis argues that the conditions for a constitutionalized international legal system must be articulated based on the viability of the proposed legal structure and its capacity to fulfil the underlying aims of international constitutionalism. The viability criterion demands compatibility with the pluralist structure of international society. The capacity criterion requires that the proposed legal structure can fulfil the underlying aim of international constitutionalism, which is, due to its complementary relationship with domestic constitutional sites, to create international self-governance with a limited mandate for peace and fundamental human rights. Thus, it is proposed that, in order to qualify as a constitutional legal system, international law must first be sufficiently equipped with secondary rules which will provide efficacy for international law to exist as a legal system. Secondly, there must also exist a hierarchy conferring a constitutional status on certain international primary rules protecting peace and fundamental human rights. Finally, international constitutionalization requires the institutionalization of international constituted power. The examination of whether or not each condition has been met in the current international legal structure is undertaken in order to determine the constitutional quality of international law, paying particular attention to the role of jus cogens rules and the United Nations in the process of international constitutionalization. It is argued that with the existence of the three elements, international law has already been constitutionalized to a large extent. However, there remain some deficiencies especially with regard to the legitimacy of the exercise of power on matters of peace and security by the Security Council, which require further constitutionalization.
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Guni, Vengai Greeley. "Human rights in Africa: legal dualism in Zimbabwe : towards a new unified legal system." Thesis, University of Buckingham, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.601369.
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This thesis examines and analyses the nature, history and development of the Zimbabwean legal system with special reference to the role and future of customary law and traditional judicial authority. It explores the position of customary law among the other substantive sources of Zimbabwean law - Roman-Dutch law, English law, statutes and judicial decisions - and demonstrates that legal dualism is anachronistic to human rights. The main objective of the thesis is to consider the interrelationship between the indigenous (customary) law with the received (general ) law, the role and importance of customary law and of traditional judicial authority in both the colonial and contemporary Zimbabwean legal systems, and how and why legal dualism gives rise to the infringement of some human rights. In the process the future of customary law, traditional judicial authority and legal system, and of the Zimbabwean legal system is determined. The Zimbabwean legal and judicial system is at present dualistic in nature. This dichotomy has .created conflict between the general law and legal system on the one hand, and the customary law and legal system on the other. This thesis explores ways of reconciling these contradictions with a view to the creation of a common law for Zimbabwe and a monolithic legal system and judicial structure. In this respect it is an attempt to shape the future of the Zimbabwean legal system by creating a new unified system. The possible choices/options lie in abolition of the traditional legal system, incorporation of the traditional legal system into the general legal system, retention of the status quo/dualism, integration of the traditional legal system with the general legal system and harmonisation of the two systems. Harmonisation is recommended as the appropriate and desirable option and method of unifying the Zimbabwean legal system. To test the thesis the following six hypotheses will be explored. First, that it is impossible to suppress customary law successfully. Second, that it is impossible for customary law to remain perpetually uninfluenced by the imported law. Third, that dualism creates and perpetuates conflict. Fourth, that human rights are better served under a unified legal system. Fifth, that coexistence is better than conflict. Sixth, that, consequently, a solution lies in harmonisation and not in conflict. It is intended to propose a draft bill to establish a commission to achieve harmonisation.
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Volpato, Annalisa. "Towards a legal framework for the delegation of powers in the EU legal system." Doctoral thesis, Università degli studi di Padova, 2018. http://hdl.handle.net/11577/3425296.
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The thesis aims at analysing the delegation of powers in the EU legal system and at defining the characteristics and limits embedding this legal mechanism in the light of the constitutional principles of this legal system. The research develops a definition of delegation of powers which, building from the legal traditions of the Member States and considering the peculiarities of the EU institutional framework, is suitable for this legal system. It further identifies the forms of delegation that emerged in this context, namely the delegation to the European Commission pursuant to Articles 290 and 291 TFEU, to the Council of the EU, to the European Central Bank and to EU agencies. Together with the evolution, the structure and the powers delegated to these institutions and bodies, the legal framework applicable to these different systems of delegation is examined, focusing on the rules and the case law relating to the enabling act, the procedures for the exercise of the delegated powers, the position of the acts in the hierarchy of norms, and their judicial review.
The research identifies, beyond the peculiarities of each delegation system, common principles and dynamics which show how the delegation of powers is bound to abide by a coherent legal framework horizontally applicable to the different forms of delegation. In particular, firstly, the enabling act shall respect the prerogatives of the legislator who is required to establish the essential elements of the matter. Although there are uncertainties in the exact definition of “essential elements” which the recent case law has partially clarified, this principle determines the existence of a reserved domain of the legislator where delegation is not admissible. Secondly, the enabling act has to specify the delegated powers, clearly identifying the limits so that an effective control on the ultra vires exercise of the delegation is possible. In this regard, the more precisely the enabling provision is drafted, the more intensive the judicial review on the legality of delegation may be. Thirdly, the issues relating to the legal basis are analysed, remarking how the use of Article 114 TFEU for the delegation to the Commission and the EU agencies is problematic despite the position of the Court. Finally, the absence of a specific Delegationsnorm for some forms of delegation is discussed, highlighting the peculiarities of the understanding of the principle of legality in the EU legal system.
While the limits in the enabling act show considerable homogeneity across the forms of delegation, the subsequent exercise of the delegated powers is embedded in different procedures, resulting in the adoption of acts which partially diverge in their form and in their position within the hierarchy of norms. With the exception of the delegation under Article 290 TFEU, the control mechanisms appear not to follow the identified chain of delegation, but to reflect the composite structure of EU institutional framework. In this sense, according to the nature of the delegated powers, they are the expression of the institutional balance between the institutional actors in its Member-States-oriented interpretation. Finally, the judicial control exercised by the Court is recognised as condicio sine qua non for the legality of the exercise of the powers by the delegate.
The analysis of the application of the limits and principles identified in the different forms of delegation, however, revealed a number of issues and a certain patchiness in their actual enforcement, shedding light on the blind spots in the democratic control of these phenomena and on the controversial tendencies emerging in practice. In particular, recent trends emerging in connection to the delegation of powers under Articles 290 and 291 TFEU, the absence of specific control mechanisms and procedures for the delegation of powers to the Council, the specific issues related to the delegation to the European Central Bank, and the problematic constitutional position of the EU agencies lacking a fully-fledged legal basis and clear role in primary law, determine a partial inadequacy of the existing legal framework.
Therefore, in the light of the issues described, the thesis ends with some recommendations for strengthening the existing legal framework, with particular regard to the express provision of the delegation of powers to EU agencies in the text of the Treaties and to the development of a common legal framework for the different forms of delegation which fully safeguards the respect of the rule of law and the institutional balance in the EU legal system.<br>La tesi mira ad analizzare l’istituto giuridico della delegazione di nell’ordinamento dell’Unione europea ed a definire le caratteristiche e i limiti che tale fenomeno è tenuto a rispettare alla luce dei principi costituzionali di questo ordinamento. Lo studio, pertanto, elabora una definizione di delegazione di poteri che, sulla base delle tradizioni giuridiche degli Stati membri e alla luce delle peculiarità istituzionali dell’UE, sia applicabile a questo ordinamento giuridico e individua le forme di delegazione emerse in questo contesto, in particolare la delegazione a favore della Commissione europea ai sensi degli Articoli 290 e 291 TFUE, del Consiglio dell’UE, della Banca centrale europea e delle agenzie dell’Unione. Oltre ad una disamina dell’evoluzione, struttura e natura dei poteri delegati alle diverse istituzioni e organismi, è esaminato il quadro giuridico applicabile a ciascun sistema di delegazione, analizzando il diritto positivo e la giurisprudenza pertinente in relazione all’atto di delega, alle procedure per l’esercizio dei poteri delegati, alla posizione degli atti nella gerarchia delle fonti e al controllo giurisdizionale degli stessi.
La ricerca riconosce, al di là delle peculiarità attinenti a ciascun sistema di delegazione, principi comuni e dinamiche che dimostrano come la delegazione di poteri sia retta da un quadro giuridico coerente e applicabile orizzontalmente alle diverse forme di delegazione. In particolare, l’atto di delega è tenuto, in primo luogo, a rispettare le prerogative del legislatore che solo è legittimato a stabilire gli elementi essenziali della materia. Nonostante le incertezze sulla precisa definizione di “elementi essenziali” che la recente giurisprudenza ha in parte mitigato, questo principio determina l’esistenza di un ambito riservato al legislatore in cui la delegazione è preclusa. In secondo luogo, l’atto di delega deve stabilire in maniera specifica i poteri delegati, identificando chiaramente i limiti in modo da consentire un controllo effettivo, anche giurisdizionale, sull’esercizio ultra vires della delegazione. In questo senso, maggiore è la precisione nella definizione dei poteri delegati, più intenso può essere lo scrutinio della Corte nel giudizio di legittimità della delegazione. In terzo luogo, le problematiche attinenti alla base giuridica sono analizzate, rilevando come l’uso dell’Articolo 114 TFUE per la delegazione di poteri alle Commissione e alle agenzie sia problematico nonostante l’avvallo della Corte. Inoltre, l’assenza di una specifica Delegationsnorm per alcune forme di delegazione è discussa, rilevando la peculiarità della concezione di principio di legalità nell’ordinamento giuridico dell’UE.
Mentre l’analisi dei limiti applicabili all’atto di delega dimostra una sostanziale omogeneità, la disamina dei limiti e dei controlli sull’esercizio dei poteri delegati ha fatto emergere la diversità delle procedure, della forma e della collocazione gerarchica degli atti risultanti dalla delegazione. Ad eccezione della delegazione ai sensi dell’Articolo 290 TFUE, i meccanismi di controllo, infatti, non appaiono seguire la catena di delegazione delineata, ma riflettono la struttura composita del quadro istituzionale dell’UE. In questo senso, a seconda della natura dei poteri conferiti, sono espressione dell’equilibrio istituzionale tra le istituzioni coinvolte, nella sua accezione comprendente gli Stati membri. Infine, il controllo giurisdizionale degli atti derivanti dalla delegazione è riconosciuto come condicio sine qua non per la legittimità di questo istituto giuridico.
L’analisi della applicazione dei limiti e principi individuati nelle diverse forme di delegazione, tuttavia, presenta criticità e lacune che sollevano dubbi sull’effettivo rispetto dei principi di legalità e di equilibrio istituzionale. In particolare, le recenti tendenze emerse in relazione all’esercizio dei poteri delegati ai sensi degli Articoli 290 e 291 TFUE, l’assenza di specifici controlli procedurali in relazione alla delegazione al Consiglio, nonché gli specifici problemi relativi alla delegazione alla Banca centrale europea e la problematica posizione delle agenzie prive di una base giuridica e un chiaro ruolo istituzionale in diritto primario, determinano una parziale inadeguatezza del quadro giuridico esistente.
Pertanto, alla luce delle criticità emerse, la tesi termina con alcune raccomandazioni per il rafforzamento del quadro giuridico esistente, in particolare con riferimento ad un’espressa previsione della delegazione alle agenzie nel testo del Trattato e allo sviluppo di un quadro giuridico comune alle forme di delegazione che garantisca pienamente il rispetto delle esigenze di democrazia e legittimità nell’ordinamento dell’UE.
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Robles, Gregorio. "Expositive system and legal system in the Communicational Theory of Law." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/118170.
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In this study I try to explain the characteristics of the legal system, as it is understood in the framework of the Communicational Theory of Law (TCD). The legal system constitutes a textual totality that reflects another textual totality: the legal order. It is not a positivist reflex, by virtue of which the system would be a mere description of the order, but of a hermeneutic reflex, which supposes that the system constructs the order, and presents its better and more finished version, a more intelligent version. The relationship between order and system is not unidirectional, but between them there is a hermeneutic spiral relationship sustained over time, since they are textual totalities in perpetual change. The ordering / system duality represents the basic axis within a juridical realm, a reality that encompasses all the communicational processes and the texts produced by them: first, the communicational processes generated by the ordination and the ordinary texts; second, the communication processes of legal dogmatic, which generates the various proposals of the exhibition system; third, from the conjunction of dogmatic texts and from the jurisprudence of the courts arise the systemic texts or texts of the legal system; fourth, the communicational processes and the texts that are generated within the scope that, however, do not belong to the order or the system; and fifth, the acts (and omissions) whose legal meaning can only be understood from the frame of reference constituted by the hermeneutic axis of order / system. In all this analysis, it is necessary to differentiate - as has been pointed out - between the didactic-expository system and the legal system itself (or legal system in the strict sense). In order to carry out the proposed task, before entering into the distinction between legal order and legal system, it is convenient to deal with the differentiation between set and order.<br>En este estudio me propongo explicar los caracteres del sistema jurídico, tal como es entendido en el marco de la Teoría Comunicacional del Derecho (en adelante: TCD). El sistema jurídico constituye una totalidad textual que refleja otra totalidad textual: el ordenamiento jurídico. No se trata de un reflejo positivista, en virtud del cual el sistema sería una mera descripción del ordenamiento, sino de un reflejo hermenéutico, lo que supone que el sistema construye el ordenamiento, y presenta de él su versión mejor y más acabada, su versión más inteligente. La relación entre ordenamiento y sistema no es unidireccional, sino que entre ellos se produce una relación en espiral hermenéutica sostenida a lo largo del tiempo, ya que son totalidades textuales en perpetuo cambio. La dualidad ordenamiento/sistema representa el eje básico dentro de un ámbito jurídico, realidad ésta que engloba todos los procesos comunicacionales y los textos producidos por ellos: primero, los procesos comunicacionales que genera el ordenamiento y los textos ordinamentales; segundo, los procesos de comunicación de la dogmática jurídica, generadora de las diversas propuestas de sistema expositivo; tercero, de la conjunción de los textos dogmáticos y los de la jurisprudencia de los tribunales surgen los textos sistémicos o textos del sistema jurídico; cuarto, los procesos comunicacionales y los textos que se generan dentro del ámbito que, sin embargo, no pertenecen al ordenamiento ni al sistema; y quinto, los actos (y omisiones) cuyo significado jurídico sólo es comprensible desde el marco de referencia constituido por el eje hermenéutico ordenamiento / sistema. En todo este análisis, es preciso diferenciar -como ha quedado apuntado- entre el sistema didáctico-expositivo y el sistema jurídico propiamente dicho (o sistema jurídico en sentido estricto). Para llevar a cabo la tarea propuesta, antes de entrar en la distinción entre ordenamiento jurídico y sistema jurídico, es conveniente tratar de la diferenciación entre conjunto y orden.
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Montes, Io. "Legal framework for domain names /." [S.l.] : [s.n.], 2005. http://aleph.unisg.ch/hsgscan/hm00153322.pdf.
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Hassan, Hussein. "Contract theory : views from the Islamic legal system." Thesis, University of Oxford, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.365481.
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Sadafi-Chaghooshi, Farshad. "Is international commercial arbitration an autonomous legal system?" Thesis, McGill University, 2014. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=121482.
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In recent decades, the nature of international commercial arbitration has been transformed from a method of dispute resolution to an autonomous legal system. Globalization and a shift of power from states to private actors have resulted in the emergence of an international arbitration community that eventually produced this kind of transition. This movement has generated a dynamic discussion over the legality and systematicity of the arbitral legal system. By applying various legal theories, scholars of different legal systems have analyzed the legality of the arbitral legal system. A few scholars have advocated the concept of this system based on a transnational legal positivism theory. In contrast, others, because of a lack of essential qualities of law and structural deficiencies in international arbitration, refuse to recognize it as an autonomous legal system. The main objective of the present work is to study the major legal theories about the legality and systematicity of international commercial arbitration, and then to take an overview of the adverse and advantageous consequences of applying the concept of the arbitral legal system.<br>Au cours des dernières décennies, l'arbitrage commercial international a subi de grandes transformations : longtemps utilisé comme simple méthode de résolution des différends internationaux, il est en voie de devenir un système de droit autonome. Avec la globalisation des échanges et des activités humaines et la décentralisation du pouvoir des États vers des acteurs privés, une nouvelle catégorie d'arbitres internationaux a fait son apparition, de nouveaux arbitres qui deviennent à leur tour des agents de changement. La pluralité de leurs opinions a poussé ces nouveaux acteurs à se questionner sur la viabilité à long terme de la mise en place d'un nouvel ordre juridique arbitral. Diverses théories juridiques mises de l'avant par des experts issus de différents domaines du droit ont permis d'en étudier la légalité et la systématicité. Ce nouvel ordre juridique a ses défenseurs et ses détracteurs. Certains le défendent en invoquant la théorie positiviste du droit basée sur les règles de droit transnationales. D'autres refusent de le considérer comme un système autonome parce certaines règles de droit essentielles n'y sont pas définies et qu'il existe des lacunes structurelles flagrantes en arbitrage international. Ce sont là quelques-unes des grandes questions qui seront débattues dans le présent ouvrage. L'auteur y fera d'abord l'analyse des principaux courants théoriques traitant de la légitimité et de la systématicité de l'arbitrage commercial international et de la mise en place d'un régime juridique dans ce domaine, pour se concentrer ensuite sur les avantages et les désavantages que sa reconnaissance en tant que système de droit autonome pourrait représenter.
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Dyzenhaus, David Ludovic. "'Hard' cases in 'wicked' legal systems." Thesis, University of Oxford, 1989. https://ora.ox.ac.uk/objects/uuid:86076a22-0626-42da-830b-5324635f1098.
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A central debate in jurisprudence concerns the nature of the judicial obligation in 'hard' cases ones that turn on con- tested points of law. The legal positivists hold that judges have to exercise a discretionary power, not ultimately constrained by law, to decide such cases. Ronald Dworkin has argued that the decision of such cases is determined by law: judges must apply a 'soundest theory' which explains and morally justifies the existing law. Positivists respond that 'wicked' legal systems ones which are the instrument of a repugnant moral ideology are a counterexample to Dworkin. I set out this debate and then evaluate these rival positions in a case study of judicial interpretation in the South African legal system, which is the standard example of a wicked one. I argue that, in the historical and political context of a the South African legal system (Ch.2), the first part of the study (Chs.3,4,5) shows that positivist ideas not only fail to assist judges in a wicked legal system, but make things worse. I argue that the rest of the study (Chs.6,7,) shows how judges do better who adopt the advice that Dworkin gives. I also suggest that their approach can only be stop- ped at the cost of great damage to a legal system and that this should lead us to take seriously ideas put forward by Lon Fuller.
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Wang, Yu Xi. "The concept of mixed legal system : a Chinese perspective." Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2586420.
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Setrakian, Aida Alice. "Armenians in the Ottoman legal system (16th-18th centuries)." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=99600.
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This thesis examines the participation of Armenians in the shari'a courts of the Ottoman Empire from the 16th to the 18th centuries. Scholars have traditionally thought that Armenians in the Ottoman Empire resolved their disputes within their own communities' legal systems. However, new studies of Ottoman court records reveal that Armenians in the Ottoman Empire frequently used the shari'a courts to resolve a wide variety of disputes. There are several possible reasons to account for this frequent shari'a court use by a community that theoretically had its own courts. The first is that the Armenian millet's legal structures were perhaps exaggerated or misunderstood by previous scholars. The second is that Islamic law was not as unfavourable to dhimmis as presumed and that the shari'a courts were adequate for their needs. Finally, the way the courts applied Islamic law was sometimes advantageous to certain dhimmis.
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Masood, Nidaa. "The Islamization of Pakistan's financial system : a legal analysis." Thesis, SOAS, University of London, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.485699.
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The aim of this thesis is to explore the effects of the proposed implementation of an interest-free Islamic financial system in Pakistan on the legal system. This thesis shows that the impetus for the Islamization of the financial system was the determination of a few members of the judiciary, to introduce Islamic norms in the legal system. The research also explores the effects of the proposed implementation of a new regime on the existing legal environment. To that end, the researcher carried out field work to record the experiences and thoughts of members of the legal profession. This has not only provided a practical insight as to the problems associated with this transition but it is also a new methodological approach to assessing the impact of a change in the norms of a legal system. This study consists ofan introduction and seven chapters. The first chapter focuses on the origins of Islamic economic thought in the subcontinent as a means of creating a distinct social identity. The researcher then goes to explore the role of Islam in the political life of Pakistan. Finally measures taken by the government to implement an Islamic financial system are recounted. The second chapter explores certain controversies surrounding the concept of riba in Islam. There is also a discussion of the permitted alternatives to interest in Ishim. Chapter 3 focuses on the vital role played by the judiciary in the riba debate and the researcher also examines the historic riba judgements of Pakistan. Chapter 4 explains the methodology and aims ofthe field research. Chapters 5 and 6 respectively, focus on quantitative and qualitative analysis of the data gathered through the use of questionnaires. In Chapter 7, the main recommendations to facilitate the process of transition are examined and the researcher's own conclusions are presented.
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Hussein, Nadia M. A. "Legal interpreting in the criminal system : an exploratory study." Thesis, De Montfort University, 2011. http://hdl.handle.net/2086/4990.
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Background: This research study investigates the position of legal interpreting within the England and Wales’ criminal justice system, as well as the status of legal interpreters. This study has been carried out with nine categories of personnel within the criminal justice system, comprising of judges, lawyers, clerks to the justices, magistrates, probation officers, police officers, prison officers, immigration officers and immigration advisory service officers, 186 number in total. Methods: a qualitative method of enquiry is adopted with questionnaires sent to the above categories, which formed the basis of nine questions used in semi-structured interviews with 38 members from the above categories. The categories were not equally represented, depending on access. These interviews have been considered as the major method of investigation. Participant observation is used as an informal method of enquiry for deepening contextualisation of the study. Themes: four main themes have emerged. They are: culture and communication, role and contradictory role of the interpreter, the position of the interpreter and context of interpreting barriers. Findings: the practice of interpreting is misunderstood and undervalued. The interpreter is not considered as an active participant in the legal process. The role of the interpreter is viewed in terms of a mechanical one, since interpreters are expected to interpret word for word without seeking clarifications of unclear utterance or concept. Implications of the study: criminal justice personnel need a deeper understanding of the practice of interpreting and the diverse role of the interpreter. The study highlights the professional status of interpreters. Proposals have been put forward for improvements to the present situation through statutory recognition and protection of title.
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SCHAMBERG, ANNA. "SEXUAL ASSAULT: PROBLEMS AND SOLUTIONS WITHIN THE LEGAL SYSTEM." Thesis, The University of Arizona, 2016. http://hdl.handle.net/10150/613572.
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Sexual assault is prevalent and persistent throughout the United States. Despite how often sexual assaults occur, it remains difficult to prosecute attackers. It is well documented that current sexual assault laws vary throughout the United States. By examining sexual assault statistics and sexual assault laws, this thesis seeks to show how current laws on rape and sexual assault hamper prosecution. As national discourse on sexual assault arises, more organizations attempt to find solutions. The State of California has passed a bill that requires affirmative consent and the American Legal Institute is in the process of updating the Model Penal Code on sexual assault. This thesis examines the possible impact of these changes to sexual assault law. I will suggest, in addition to these changes, there needs to be federal guidelines for police departments to follow when investigating sexual assault claims and a standard, national definition of consent.
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Xie, Jiaqi. "The reform of China's state-owned enterprise legal system." Thesis, SOAS, University of London, 2016. http://eprints.soas.ac.uk/23585/.
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After 30 years of development since the late 1970s, China's State-owned Enterprise reform has performed very well. However, it has also faced many problems, such as administrative monopoly, the inappropriate income distribution system, and inappropriate property structure. The problems of administrative monopoly and income distribution were caused by inappropriate property structure of China's State-owned enterprise, which not only affect China's State-owned enterprise reform, but also affect the development of private sectors. Therefore, State-owned enterprises should have a rather clear boundary that they are suitable for production of public goods and quasi public goods in which market mechanism could not be brought into full play. The overall purpose of this thesis is to provide a systematic reform manner for China's State-owned enterprises. By reviewing and studying the history and process of China's State-owned enterprise legal system reform, and evaluating the its current situation, this thesis concludes that the current reform approach no longer benefit to China's economy, even became to the block of the further and healthier development to some degree, and the most serious problems are property structure, administrative monopoly, and income distribution. Due to the misunderstanding about China's State-owned enterprise status, the government and state-owned assets supervision and management departments have motivations and excuses to give preferential policies and privileges to State-owned enterprise. Which lead to the administrative monopoly issues and income distribution issues, and seriously impedes economic development. These three issues must be dealt with at the same time because they complement each other. Neglecting any issue of these three would cause the failure of other two reforms inevitably. This thesis will provide a new reform manner that deal with these three issues systematically, to improve State-owned enterprise system.
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Cassagne, Juan Carlos. "New constitutionalism and the foundations of the legal system." THĒMIS-Revista de Derecho, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/107730.
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Inside the field of Law, the usual question about the meaning of a determined concept or the question towards what it makes reference to has alwaysbeen complicated. In the last years, different events have produced that philosophical trends reconsider the understanding of the legal system.In the present article, the author does a presentation of what new constitutionalism means and its opinion towards it. The author also makes a critical analysis of the positivist and jusnaturalist visions, connecting them with the understandingof Law and the legal system, making an emphasis on Administrative Law.<br>En el campo del Derecho, la pregunta sobre qué significa o a qué hace referencia determinado concepto siempre ha sido complicada. En los últimos años diversos acontecimientos han ocasionado que corrientes filosóficas replanteen la forma de entender el orden jurídico.En el presente artículo, el autor hace una presentación de qué se entiende por nuevo constitucionalismo y su opinión sobre el mismo. Asimismo, realiza un análisis crítico de los planteamientos positivistas e iusnaturalistas, conectando los mismos con el entendimiento del Derecho y del orden jurídico, poniendo énfasis en la rama del Derecho Administrativo.
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Foy, Valencia Pierre Claudio. "Legal system and nature. Considerations on Law and nature." Pontificia Universidad Católica del Perú, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/115998.
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From some reflections on the man (culture) nature relationship, the paper arrives at a set of more specific considerations about nature and the legal system. These will allow sustaining some of their legal expressions: natural resources heritage, commons, and ecosystem, among others. To conclude, the theme of nature as subject will be discussed, complementing the discussion with the topic of the legal system and animals.<br>A partir de unas reflexiones sobre la relación hombre (cultura) naturaleza, se arriba a un conjunto de consideraciones más específicas sobre el sistema jurídico y la naturaleza, las cuales permitirán sustentar algunas de sus expresiones jurídicas: recursos naturales patrimonio, commons, ecosistema entre otras. Finalmente se discute el tema de la naturaleza como sujeto, complementando la discusión con el asunto del sistema legal y los animales.
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Michalíková, Jana. "Commercial use of trusts in the English legal system." Master's thesis, Vysoká škola ekonomická v Praze, 2009. http://www.nusl.cz/ntk/nusl-15678.
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Thesis describes the use of English trusts in commercial environment. First part defines the concept of trust, elements of trust and various types of trusts. Second part defines different commercial situations where trusts may be used and advantages of the use of trusts for commercial people. Third part considers chosen institutes in the Czech laws, which have some common features with trusts.
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Lee, Danielle. "Enhancing national security by strengthening the legal immigration system." Thesis, Monterey, California : Naval Postgraduate School, 2009. http://edocs.nps.edu/npspubs/scholarly/theses/2009/Dec/09Dec%5FLee_Danielle.pdf.
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Thesis (M.A. in Security Studies (Homeland Security and Defense)--Naval Postgraduate School, December 2009.<br>Thesis Advisor(s): Bach, Robert; Joyce, Nola. "December 2009." Description based on title screen as viewed on January 26, 2009. Author(s) subject terms: U.S. Citizenship and Immigration Services (USCIS), immigration, benefit, fraud, terrorism, border security, watch list, immigration reform. Includes bibliographical references (p. 83-91). Also available in print.
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Kennedy, Kathleen Erin. "Maintaining injustice literary representations of the legal system C1400 /." Connect to this title online, 2004. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1085059076.
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Thesis (Ph. D.)--Ohio State University, 2004.<br>Document formatted into pages; contains 213 p. Includes bibliographical references. Abstract available online via OhioLINK's ETD Center; full text release delayed at author's request until 2009 May 29.
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Pei-ChiHuang and 黃珮綺. "Study of Legal System of Catastrophe Prevention:Focus on Japanese Legal System of Community Rescue." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/75c6f4.
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碩士<br>國立成功大學<br>法律學系<br>101<br>In the history of Japan, they have experienced several terrible earthquakes and typhoons. The condition is very similar to Taiwan. Because of these experiences, Japan start to build their legal system of disaster countermeasures very early. This legal system is based on the “Basic Act for Disaster Countermeasures”. Under the basic act, this orderly system is divided into three parts: prevention, emergency response and reconstruction. And each parts include many individual acts that can deal with any situation. The advantages of this system are well-defined duties and clear division of work.
Besides the construction of legal system, the Japanese government is also try to build a community rescue system. The government funds block parties to bring communities together and this system defines how neighbors help one another during disasters.
Although Taiwan already had a “Disaster Prevention and Protection Act”, the countermeasure system build by the act seems extremely chaotic and panic while disaster happening. Afterward when people reviewed this disaster, there are some problems being pointed out, included chaos of the emergency command management system and reacting too late. Although our government have tried to solve those problems, we still worry about our safety very much while disaster happening. Because we do not know what will the government do and what we should do.
This study try to provide a community rescue system for Taiwan, especially for metropolis. Although the community rescue system is very important to residences, we can not ignore that protecting people’s life and property still belongs to government’s responsibility.
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O'Callaghan, Thomas A. "A Hybrid Legal Expert System." Thesis, 2003. http://hdl.handle.net/1885/41126.
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Legal expert systems are the nexus of Artificial Intelligence and the law. A legal expert system is "a system capable of performing at a level expected of a lawyer" [Popple 1996, page 3]. Legal expert systems may be designed for use by legally trained people or for use by the general public ("lay-people"). Legal expert systems designed for use by legally trained people aim to provide a method of speeding-up the provision, and improving the accuracy, of legal research undertaken with the aim of advising the client. Designed for use by legally trained people, these systems may assume general legal knowledge. Consequently the questions asked by the system and the reports returned may be stated at a level appropriate for legally trained people. The primary benefit of this category of legal expert system is the reduction of internal cost of legal research. The flow-on benefits for clients reductions in the cost of legal services and consequently improved access to quality representation, and reduction of the time taken to resolve a legal question. Legal expert systems designed for use by lay-people aim to provide greater access to the law. This category of legal expert system is more difficult to create because no legal knowledge by the user can be assumed. The discovery of the facts of the case becomes problematic [Susskind 2001]. More research is required in the area of fact elicitation before such systems become viable. Once they are viable, access to the law should be dramatically improved. A consequential benefit may be a reduction in litigation, as potential litigants could settle their dispute by reference to the advice of a legal expert system. However, such a system would raise an important ethical question -- the creators of such a system may be usurping the role of the courts in that the public may come to rely on the statements by the system as "what the law is". SHYSTER-MYCIN is the legal expert system created for and discussed in this thesis. SHYSTER-MYCIN combines rule-based reasoning with case-based reasoning. The system is designed as the first category of legal expert systems described above: a legal expert system to be consulted by legally trained people. This hybrid system enables the case-based reasoner to determine open-textured concepts when required by the rule-based reasoner, MYCIN. The system operates on a reduced version of the Copyright Act 1968, including cases that define the term "authorization" (see Chapter 2). The Act is reasoned by a system of rules. Whereas cases are reasoned by analogy. This approach is supported by jurisprudential discussions on legal reasoning (see Chapter 3). The system was created in three progressive versions (Chapter 5). The focus of the creation of the system was the reporting of reasons for conclusions. The second and third versions were tested against three criteria: validity, conciseness and correctness (see Chapter 6). The system performed well (see Chapter 7) against those criteria, indicating that the approach taken is appropriate: that is, it is appropriate to use rules to reason with statutes and analogy to reason with cases.
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Lai, Shih Peng, and 賴世鵬. "Auction legal system in Chinese Mainland." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/bc48y9.
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碩士<br>東吳大學<br>法律學系<br>100<br>The so-called auction is a way to transfer the particular goods or property to the bidders who offer a highest price by the public tendering. The explanations of auction for various countries are different. Although the People's Republic of China define the Auction law, but it’s definitions maybe not accurate and enough. Therefore, when we research the auction which is one kind of social phenomenon in the real life, it is insufficient that we interpret it as a kind of “commerce”. Because the auction contains the procedure and is also a social activity which floods the complex behavior, at the same time, it is one kind of enforcement which has the intense judicial characteristic.
In 1996, the People's Republic of China enacted the Auction law, and has provided a good foundation for the auction market of China. Not only the Auction law has established the lines of conduct for bidders, but also has built the managerial system of auction and auction market, and so on.
Otherwise, we don’t have any legal institutions about the auctions, and we just proclaim articles about auction in “Enforcement Act of the Part of Obligations of the Civil Code”. In addition, we can see the articles related auction in “Civil Code”、 “The Code of Criminal Procedure”, and so on. It is common to see that all walks of life take auction forms in normal in our society, and the auction which can create the highest value of commodities is accepted by our economical market. Therefore we should improve the legal institutions about the auction, and the practical experience of the People's Republic of China can be our reference.
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wan-chien, wei, and 魏婉倩. "BOT Legal System &; Projects Financing." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/20808725972045779215.
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碩士<br>中原大學<br>財經法律研究所<br>101<br>It is nowadays an international trend to attract the funds and management capacities of private sectors poured into public development projects. In the consideration of government budget constraints and the service level to be offered, it is essential to hire private sectors resources invested in those major development projects to have them realized and functioned promptly and properly.
The most popular mode private sectors invest in public development projects is BOT (Built-Operate-Transfer) in Taiwan. The PPIP Act (Private Participation in Infrastructure Projects) facilitates private investors by providing many policy supports on fund raising, land expropriation and acquisition, tax subsidies, etc.
The “Project Financing” is not only a control point from the authority’s administration and execution view but also a critical successful factor of the BOT projects. Based on the BOT concept, the private sectors are certainly need to bear the full liabilities on providing investment funds which is originally shall be from the authority but transferred to the private sectors. But due to the fact that own capital can be provided by private sectors is limited, the majority of project fund is then loaned from financial institutions and thus they bear final financial risk of project insolvency although paying back the loan is due by the borrower.
Hence this article is to find out some approaches to make the BOT process more matured and more systematic from different perspectives by studying its definition and prerequisites of the legal basis, contract formation, types of project funding sources, planning and feasibility study, vendor selection, pricing, bidding and negotiation, contract terms and conditions, the BOT process, types of government supports.
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Rong, Shih Sih, and 石世榮. "The Research on Religious Legal System." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/51246461598353412609.
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Tsai, Cheng-Fang, and 蔡政芳. "Legal System of Human Organ Transplantation." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/47479178236495469902.
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碩士<br>國立中正大學<br>法律學研究所<br>100<br>Abstract
The organ donation rate in Taiwan has been lower. Besides obstacles to operation of law and traditional death concept, immediate relatives’ opposition at the time of donation also causes donors who signed up a latter of consent or an organ donation card, and didn’t have acceptance and support from their family when they was alive not to make an organ donation.
Furthermore, policies or laws on human organ transplant in Taiwan were first designed to focus on preventing organ selling, therefore have ignored the protection of life autonomy and body self-determination for quite some time, and become big obstructions gradually.
In order to avoid regrets for donation, the study tries to analyze the principle of law, and then discuss the advantages and disadvantages in order to enact more definite and objective customary rules that can be followed by the masses and reduce dispute about organ transplant. Besides, the study also tries to establish the possibility that hospice care patients can become an organ donor. At last, provide suggestions and strategies to amend the legal system of organ transplantation, increase legal sources of organ donations, and improve the difficulties in organ donations in Taiwan.
key words：organ transplant、organ donation、life autonomy、body self-determination、limit of degree of relationship
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Chao, Chiao-Ling, and 晁巧齡. "The Legal System of Labor Salary." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/s73ftc.
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碩士<br>國立中山大學<br>中國與亞太區域研究所<br>106<br>With regards to current legal system of labor wages in Taiwan, we can find that the labor wage is regulated only in the third chapter of "Labor Standards Act". Among them, only the labor wage shall not below the basic wage. For the general salary portion, a worker shall be paid such wages as determined through negotiations with the employer. However, in the case of unequal labor relations, labor is often at a disadvantage, and the appeal of reasonable salary distribution is difficult to achieve.
Therefore, this paper is based on the five major frameworks of administrative law. It is necessary to protect the labor receives reasonable salary distribution. This paper proposes amendments to the current legal system of the labor wages, Furthermore, we can make the construction of the labor wage legal system more perfect.
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Kuan, Hua-Ling, and 關華凌. "Autonomous Driving/Driverless System Legal Framework." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/4vb8qd.
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碩士<br>國立臺灣大學<br>事業經營法務碩士在職學位學程<br>107<br>Autonomous driving (AD) vehicle/driverless car is gaining great momentum in developed countries. It has noteworthy contribution both to the government (safer road traffic, saving parking space, making commute time more productive, etc.) and to the tech industry (sensors, cameras, 5G communication equipment, CPU, data storage, infrastructure, etc.). Furthermore, it will drastically change the way human interact with automotive, and in turn breed the innovation of new business models with high growth implication. Given the complexity of autonomous driving technology, the legal framework should consider the technology readiness and the AD law should hand-in-hand evolve with the technology. As a result, German, US and Japanese government all announced the autonomous driving vehicle guidelines for the industry to follow. Basically the key difference between level-3 and level-4/5 autonomous driving is the duty of care. In level-3, driver still bears the responsibility when incident happens where in level-4 and level-5 the responsibility will shift to car manufacture or AD service provider. Regarding AD technology application, Singapore is very aggressive both in legislative and business development. Taiwan should learn from Singapore’s strategy and best leverage Taiwan’s strength in IT/HW/SW ecosystem, therefore Taiwan can play a critical role in AD market and Taiwanese consumers can enjoy the advantages of AD technology.
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Popple, James. "SHYSTER: A Pragmatic Legal Expert System." Phd thesis, 1993. http://hdl.handle.net/1885/49348.
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... A legal expert system called SHYSTER has been developed to demonstrate that a useful legal expert system can be based upon a pragmatic approach to the law. SHYSTER has a simple representation structure which simplifies the problem of knowledge acquisition. Yet this structure is complex enough for SHYSTER to produce useful advice. ¶ SHYSTER is a case-based legal expert system (although it has been designed so that it can be linked with a rule-based system to form a hybrid legal expert system). Its advice is based upon an examination of, and an argument about, the similarities and differences between cases. SHYSTER attempts to model the way in which lawyers argue with cases, but it does not attempt to model the way in which lawyers decide which cases to use in those arguments. Instead, it employs statistical techniques to quantify the similarity between cases. It decides which cases to use in argument, and what prediction it will make, on the basis of that similarity measure. ¶ SHYSTER is of a general design: it provides advice in areas of case law that have been specified by a legal expert using a specification language. Four different, and disparate, areas of law have been specified for SHYSTER, and its operation has been tested in each of those legal domains. ¶ Testing of SHYSTER in these four domains indicates that it is exceptionally good at predicting results, and fairly good at choosing cases with which to construct its arguments. SHYSTER demonstrates the viability of a pragmatic approach to legal expert system design.
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王文琳. "Study on legal system of Introducing Hydrogen Refueling System." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/4jmg2v.
Full textAbstract:
碩士<br>南臺科技大學<br>財經法律研究所<br>107<br>Hydrogen is the row material for many industrial process, and a part of today’s
economy. As fuel for aerospace exploration in early times, hydrogen has been extensively
deployed in several industrial applications for more than 75 years, which resulted in
operation code and technical standard for handling, distributing and dispensing hydrogen
gas. At present, instead of labeled as a regulated chemical, hydrogen has been regarded
in many countries as energy carrier, as well as a carbon-free, non-toxic fuel that can be
domestically produced from local resources.
Due to the strict operating regulations and regulatory in manipulating hydrogen for
industry purpose, it results in high cost of hydrogen refueling station deployment at the
first place, and may not be allowed to accommodate public users. Therefore, if hydrogen
is classified in the energy sector, it can be directly sold to consumers at a retail station,
just like other fuels sold at oil or gas stations (such as gasoline and compressed natural
gas). It is the key point of hydrogen deployment in energy applications.
There are no regulatory standards for hydrogen refueling stations in Taiwan. And the
location of retail hydrogen refueling station should be accessible to the public.
Complicated laws and regulations, including land acquisition, urban planning, labor
safety and health, fire safety, should be satisfied properly. By the observation of the
leading country case study, this report provides hydrogen policies for transport sector, the
blueprints for hydrogen supply infrastructure development, and regulatory standards of
relevant supervisory units.
This paper adopts methods of policy discourse, regulatory literature, and case study
in leading countries – Japan, Germany, California USA – of hydrogen policies,
demonstration programs to document the lessons learned. From reviewing the past
demonstration programs in Taiwan, this report discusses domestic energy policy
development, and the positioning of hydrogen in regulations. Finally, it provides
recommendations and conclusions of relevant legal problems involved in the
deployment of hydrogen refueling station.
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Ho, Fu-Chu, and 何福居. "The Change of Legal System in China after Reformation and Openness－The Transformation of Economic System and Interaction of Legal System." Thesis, 2004. http://ndltd.ncl.edu.tw/handle/77057198141991536696.
Full textAbstract:
碩士<br>國立東華大學<br>公共行政研究所<br>92<br>We realize that the process of change in a society from the way of legal systematic development and its foundational evaluation. Recently, the process of economic systematic reformation reflects its legal system and the various policies indirectly in different period of time in Mainland China. Therefore, when facing such multiple aspects of legal systems and rapid economic development that it is essential, we should understand the process of legal system from all directions.
At the same time, we should inspect carefully not only to advanced study of individual “Law Transplant” on the foundational legal knowledge, but also to take advantage of understanding these systems to protect the rights and benefits of Taiwanese businessmen in China because the trade on the both sides are closer than before, which causing so called magnetic effect under the economic trade of China market in the world.
Looking back of the 11th The Third Plenary Session of the Communism Central Executive Committee, it has been present not only the process of reformation and openness but also one of legal systematic construction to increase its strength and accomplish continuously. The construction of legal system always enclosures the construction of economic system, at the same time, the legal reformation always follows the economic reformation, which is moving toward the marketed economy on and on.
Law statures embodied the need of policy of government and ideology of party, which is the way to understand the change of legal system in China through inspecting legislation and its political purpose. Considering the change of legal system, which includes the theories of the Communism, political aspects of economic reformation in legal system of Mainland China, it have political function, political aim and necessity of legislation which are three immanent to meet the analysis of this dissertation.
Quoted the definition of “change” from a famous socialist, named Nisbet, we try, by the experiment of China’s economic institution and law reformation, to research the process of adjustment both of them for accommodation each other of the legal system in the transformation of economic system of China with sequel of time. We also apply some answers as following questions mentioned both systems in conclusions of this dissertation.
□How does political economy institution affect the immanent of legal system, when they have been transformed each other?
□How to respond the globalization and adjust its methods to linking with the world of legal system from the process of planned economy to marketed economy?
□How does its affection in the construction of China’s socialism when the transformation of economic system to match up the construction of legal system to achieve marketed economy with the world?
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Lai, Yen-Hsueh, and 賴燕雪. "The Legal System of ASEAN Free Trade Area — the Legal System of China and ASEAN Free Trade Area." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/78685980913977926494.
Full textAbstract:
碩士<br>東吳大學<br>法律學系<br>93<br>RESUME OF THE THESIS
After the World War II, during the peak of cold war, the background of the creation of the ASEAN was the result of the promotion of peace and stability of Southeast Asia Area and of the prevention of Communist expansion to Southeast Asia. The ASEAN has transformed itself from political organization to economic organization in enlarging its membership and led to present “Great ASEAN”.
In order to comply with the trend and development in world economic globalization, the ASEAN has constructed it area economic framework based on free trade area and consistently and continually adjust its aims, content and method. In the process of its development, the ASEAN consolidates not only the balanced development with other regional economy and reinforce also the bilateral relations in economic and trade cooperation with other countries, particularly with three States - China, Japan and Korea.
Since the reform and opening of Mainland China in 1979, China has constructed and developed one of the biggest free trade area with its economic stability, active in participation of international economic activities and co-organization of free trade area with ASEAN. The rising of Chinese economy has played a role of integration in Southeast Asian Region. Therefore, China is designed to construct a new “Asia Community” with other Asian countries in the future, promoting “Asian Common Market” and lead Asia to counter other areas. In the time of pushing globalization in economy and the integration of Southeast Asian area, how Taiwan is facing such situation is much important.
The study of this thesis is focusing on the system of Southeast Asian Free Trade Area, present institution, operation system and the legal regime in the formation of free trade area with China by the methodology of doing research on the process of the ASEAN’s development. Besides, the rising power of China and the integration with the ASEAN provides this thesis to do research on the future development of Great Asia.
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Shiravi-Khozani, Abdolhossein. "The legal aspects of international countertrade, with reference to the Australian Legal System." Thesis, 1997. http://hdl.handle.net/2440/19204.
Full textAbstract:
Bibliography: leaves 462-479.<br>xx, 479 leaves ; 30 cm.<br>"... to provide a basis for understanding countertrade practices. In particular, however, it aims to provide assistance to trading parties to identify the problems associated with various forms of countertrade and to give them guidance in drafting countertrade contracts in the light of Australian law.".<br>Thesis (Ph.D.) -- University of Adelaide, Dept. of Law, 1998?
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Wen-YenCheng and 鄭文彥. "A Study on the Legal Foundation and the Legal Relationship of Legal Aid System in the Guarantee State." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/r5hacg.
Full textAbstract:
碩士<br>國立成功大學<br>法律學系<br>104<br>SUMMARY
With the idea of justice for people, judicature is standing up for guaranteeing people's rights, and the judicial mission should be formed so. This thesis tries to position legal aid as the privatization of judicial mission, and focus on the legal service quality regulations of the legal aid lawyers, to interpret the legal aid Foundation and the legal relationship of legal aid system in the guarantee state. Considerate of the viewpoints upon guarantee state, legal aid is a part of judicial mission, and the state still shouldering the duty of guarantee the legal aid matters has been d legitimately, while legal aid Foundation and the lawyers perform their duties of execution in the privatization of judicial mission.
INTRODUCTION
Legal aid is the major portion of judicial aid that offer legal service to people who are indigent or are unable to receive proper legal protections for other reasons. In Taiwan, 'Legal Aid Act' is implemented since 2004, and has been twice amended. There are some controversial cases applying legal aid system in the recent years. This thesis cites three instances, including case of fundraising, legal remedy, and appeal, to explain the problematic.
According to the three directly related cases of legal aid, the facts analyses all indicate the contention of How to ensure that the commonweal of judicial mission will be performed by private legal entity? For example, in the case of fundraising, is the legal aid foundation belonging to the government agencies/levels of Charity Donations Destined For Social Welfare Funds Implementation Regulations? In other words, how to consider the organic attribution of the legal aid foundation? Could we find the rational canon for the capacity of private legal entity? And in the case of remedy, what is the character of the Chapter's approval or denial decision? Is the remedy procedure carried out by due process of law? As for the case of appeal, it is related to the service level of legal aid. Can we imagine the necessary legal aid to people? What is the reciprocal rights and duties of legal aid lawyers?
All of them also point to the important issues of establishing the legal aid system with arrangement of these cogitations, including construction of the legal aid organization, existence and funds. And the operation of the legal aid system. Besides, the legal relationship between legal aid lawyers and legal aid recipients, and its regulation.
CONCLUSION
With discussion about the state's guarantee duty of judicial mission privatization, the main purpose of this thesis is to intensify the legal theory of legal aid system and its well-functioning operation. Research results are as follows.
1.Case of fundraising: This thesis makes a description for the duty stratum of legal aid system in guarantee state, and detects the scheme of national take-over duty should not only withdraw funds, but proceed to ensure the right of recieve legal aid for people who are indigent or are unable to receive proper legal protections for other reasons. Therefore, legal aid system could carry that one step further by advanced legislation of the national supplementary duty, and provide appropriate legal service to the legal aid recipients with the Legal Aid Foundation continues has been assured.
2.Case of legal remedy: Consider NOT as the administrative action of commissioned to exercise public authority, this thesis contends that approve or deny the application should be the juridical acts of private law. And the legal aid lawyers shall serve the legal aid matters under the assignment by the Chapter, with the restrict of public welfare, for the right of instituting legal proceedings. Through need not to perform the legal matters and proceed with judicial review, the guarantee state should still provide the statute in accordance with due organization and process of law, and burdens with the ultimate duty of guarantee the judicial correctness. Consequently, the state shall scheme substitute access to the judicial proceeding, or remedy for judicial review.
3.Case of appeal: With classified research on the general duties and particular duties of lawyers, this thesis discerns there are no conflicts. And the particular duties of the legal aid lawyers should be the especially intensive application in the legal aid system. By discussing with the case of complaints, this thesis regards there is a strong correlation between the operative legal aid lawyers' duties--loyalty, avoidance and disclosure--and the legal aid recipients' effective aid reception. For the sake of providing appropriate Legal Aid services, the Legal Aid system shall establish the regulatory framework of national regulation and social self-regulation which ties in with the quality control measures like regular, reliable assessment and appeal of legal aid lawyers.
Keywords:Legal Aid, Judicial Mission, Privatization, Guarantee State, Lawyer's Ethics
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CHIANG，YUAN-CHUN and 姜沅均. "A Study of Derivative Wiretapping Legal System." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/d7p2b8.
Full textAbstract:
碩士<br>中國文化大學<br>法律學系<br>105<br>Nowadays the rapid development of new communication devices is so amazing, these devices indeed bring people countless convenience for living. But water is a boon in the desert, but the drowning man curses it, the criminals in our society also make use of communication devices to commit crimes. If the authorities do not take advantage of communication devices to investigate the crimes, it will be harmful to the protection of national society.
At the same time, because of the way investigation agency do investigate is classified to secret investigation. This way leads to the whole investigation process in an uncertain state, we cannot do any research with conversations talked by the man who is under investigation. So, we found that there is a lot of crimes which are separated action in technically. The content of separated action is applicable to force of evidence. During 2014, after the amendment of the Law of Communication Protection, this law is applied to the principle excluded regulation and results in disadvantage of investigation of crimes in practice. This article tries to discuss the content about communication investigation extending to find separated cases whether applicable to The Code of Criminal Procedure.
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Lin, Wei-Yu, and 林韋宇. "Property Rights, Legal System, and Investment Incentives." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/28456243585232015882.
Full textAbstract:
碩士<br>國立臺灣大學<br>經濟學研究所<br>96<br>We present a world with a large population and random matching rule in trade and investigate the investment incentives under different court rules. The transparency of the decision made by the court is not able to implement the social optimal investment level; even the function improvement of investment efficiency by securing the property rights is doubted. Only under the circumstances the court is available to the information of the production, it is possible for the court to secure property rights to accelerate investment efficiency. We also confirm the solution provided by Coase (1960), which results in the social optimality.
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Lin, Wei-Yu. "Property Rights, Legal System, and Investment Incentives." 2008. http://www.cetd.com.tw/ec/thesisdetail.aspx?etdun=U0001-2606200813420900.
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