Hasil untuk "Law"

Xiaodong Ding, Hao Huang, Zhengyu Shi et al.

Abstract This article analyzes the divergence between China’s Personal Information Protection Law (PIPL) and the EU’s General Data Protection Regulation (GDPR), despite their textual similarities. It argues that China’s approach to data protection is shaped by distinct domestic understandings of “risk,” rooted in past legislation, judicial practices, and social concerns. Using focal point theory, the authors identify three key dimensions of risk in China: large-scale participation, economic loss, and threats from third parties. These focal points explain why China’s risk-based approach prioritizes different enforcement goals than the GDPR. The article also shows how these differences manifest in several areas, including the definition of personal information, the regulation of automated decision-making, and the design of enforcement authorities. Ultimately, the article challenges the assumption that legal diffusion through the “Brussels Effect” leads to uniform global standards. Instead, it highlights how domestic cultural and institutional factors reshape transplanted laws, creating seemingly performative enforcement that reflects localized regulatory logics.

Miao Xie, He Wang, Zhixiang Liu et al.

Due to the influence of coal rock shape, hardness, working environment and other factors in the cutting process of cantilever roadheader, the cutting head will produce irregular and violent vibration. As the rotary table of key stress components, its operation process stability, dynamic reliability and life affect the cutting efficiency and cutting stability of cantilever roadheader. In order to study the vibration characteristics of the rotary table in the cutting process, firstly, based on the theory of spatial force analysis and calculation, the spatial mechanical model of the rotary table of the cantilever roadheader is established. By solving the balance equation of the rotary table force system, the variation law of the load at the hinge ear of the rotary table with the cutting pitch angle and the horizontal angle is obtained. Secondly, based on the path transfer analysis method of working condition, the vibration data of cutting head, cutting cantilever, cutting lifting and rotary hydraulic cylinder under stable cutting condition are taken as input signals. By constructing the transfer path analysis model of rotary table working condition, the synthetic vibration of rotary table in cutting process is simulated, and the main vibration source of rotary table is determined. Then, the vibration contribution and contribution degree of each vibration excitation point to the hinge ear of rotary table are studied. By building a cutting test bench, the vibration response of rotary table in cutting process is tested to verify the correctness of the theoretical model.Thirdly, based on the frequency domain analysis method of random vibration fatigue life, combined with the S-N curve of the rotary table, the PSD curve at the maximum stress of the rotary table is obtained by modal excitation method, and the load data is imported into ANSYS nCode software to obtain the life cloud diagram and damage cloud diagram of the rotary table, and then the fatigue life of the rotary table under symmetrical cyclic load is solved. Finally, based on the response surface optimization analysis method, the maximum stress and maximum deformation of the rotary table are taken as the optimization objectives, and the aperture of each hinge ear of the rotary table is taken as the optimization variable. Based on Design Expert, a second-order regression model is established to realize the multi-objective optimization design of the key stress parts of the rotary table in the cutting process. The simulation results show that under the same cutting conditions, the maximum stress of the optimized rotary table is reduced by 15.82% year-on-year, and the maximum deformation is reduced by 24.70% year-on-year. The optimized rotary table structure can better adapt to the cutting process, which is beneficial to improve the service life of the rotary table and enhance its operation stability. The research results are beneficial to enrich the relevant research theory in the field of rotary table vibration of cantilever roadheader, and are beneficial to improve the service life of the rotary table and the efficiency of tunneling and mining.

A. I. Dubrovina, M. H. Alkordi

Objective. The aim of this study is to analyze the «Telegram Rat» virus, emphasizing the importance of awareness to effectively combat cyber threats and ensure security in the digital age.Methods. This paper used an analysis of the characteristics and distribution of «Telegram Rat» viruses. An example of analyzing the technical mechanisms of extortion on the example of «WAGNER GROUP» was given and the steps of virus elimination were formulated.Results. The acuality of the «Telegram Rat» virus problem and ways of its transmission are considered. Practical methods of threat detection and neutralization are stipulated. The method of «Telegram Rat» virus threat detection is based on the analysis of active processes, network activity and file system. It is revealed that the main vulnerability on devices infected with the virus is careless user behavior.Conclusion. The contents of this paper emphasize the importance of vigilance when downloading files and clicking on links. Lack of caution can lead to data loss and information leakage, emphasizing the need for conscious behavior in the digital environment.

Samiya Bedoui, Asma Adouane

This study aims to assess satisfaction with the quality of education in educational institutions in Algeria and to determine the factors that significantly influence it. The study was based on a survey of inspectors representing the primary control body for educational institutions in Algeria. The questionnaire contained questions based on which the inspectors assessed the quality of education in 1,101 schools (representative sample). A three-point Likert scale was used to evaluate inspectors' agreement with the statements included in the questionnaire. The questionnaire consists of 7 factors that characterize the quality of the professional development of pedagogical workers, the educational program, textbooks, the educational process, the conditions of school education, the evaluation process, and the effectiveness of the teacher's work. Correspondence of the data to the normal law of distribution was confirmed with the help of SENWEKS (asymmetry coefficient/skewness coefficient) and KIRTOSIS (variation coefficient or excess) indicators. The reliability of the research tools and the possibility of relying on the questionnaire data were confirmed using Cronbach's alpha coefficient and validity - using the overall internal consistency coefficient. The internal consistency reliability of the questionnaire was confirmed using Pearson's linear correlation coefficients between the factors and the total score of the questionnaire. The study proved that the factors of the quality of education, with the highest level of satisfaction expressed by the respondents, were the quality of educational programs (inspectors have a favourable opinion about the educational content, considering it relevant and well structured) and textbooks (inspectors appreciate the clarity and richness of the content of the textbook, emphasizing its essential role in student learning), while they were the least satisfied with the quality of learning conditions (inspectors point to a lack of educational resources, inadequate infrastructure and a large number of students in the classroom). One-sample Student's t-test (one-sample T-Student Test) was used to identify the factors that have the most significant impact on measuring the quality of education in educational institutions in Algeria. The most important factors were the effectiveness of the teachers, the quality of the curriculum and the quality of the textbooks. The research emphasizes the importance of continuous learning and adequate support for teachers.

Naomi Holbeach, Ian Freckelton AO QC, Ben W Mol

As the burden of misconduct in medical research is increasingly recognised, questions have been raised about how best to address this problem. Whilst there are existing mechanisms for the investigation and management of misconduct in medical literature, they are inadequate to deal with the magnitude of the problem. Journal editors and publishers play an essential role in protecting the veracity of the medical literature. Whilst ethical guidance for journal editors and publishers is important, it is not as readily enforceable as legal obligations might be. This article questions the legal obligations that might exist for journal editors and publishing companies with respect to ensuring the veracity of the published literature. Ultimately, there is no enforceable legal obligation in Australia, the United Kingdom, or the United States. In light of this, more robust mechanisms are needed to deliver greater confidence and transparency in the investigative process, the management of concerns or findings of misconduct and the need to cleanse the literature. We show that the law disincentivises journals and publishers from ensuring truth in their publications. There are harmful consequences for medical care and public confidence in the medical profession and health care system when the foundations of medical science are questionable.

Viorel ROȘ, Andreea LIVĂDARIU

The existence of signs registered as trademarks (national, European, international) is necessary in the public interest, as they serve producers of goods and services and consumers alike. While any sign may in principle constitute a trademark if it is capable of distinguishing the goods and services of one undertaking from those of other undertakings and if it can be represented in a register (of trademarks) in such a way as to enable determination of the subject-matter of the protection conferred, the scope of registrable signs is limited by two categories of grounds established by law (EU Regulation) with a view to: (i) the effective protection of the rights previously acquired by other persons and the prevention of the risk of confusion/association between the goods/services of different traders, which are „relative grounds for refusal of registration”, and (ii) the prevention of registrations and, where appropriate, the invalidation of registrations of the signs which, objectively, cannot constitute trademarks for intrinsic reasons (impossibility of representation, lack of distinctiveness, shape required by the nature of the goods, shape necessary to obtain a technical result, shape which gives substantial value to the product), or extrinsic ones (they must be available to everyone because they are of use to trade in general, or are misleading as to the nature, quality or geographical origin of the product/service, are protected against use in trade as being „of special public interest” and belong to, and are used by, the states, international organizations, and/or other public entities, including coats of arms, logos, seals, Olympic signs, but also those which are contrary to public order and public morality), which qualify as „absolute grounds for refusal of registration”. The grounds for refusal of registration and/or, where appropriate, for declaration of invalidity of registered trademarks on account of coming into conflict with public order or public morality in the European Union and in the USA are not few, quite the opposite, but the relevant jurisprudence is not uniform. For example, of the 81 applications for registration as trademarks of a number of signs, among them the word „mafia”, 51 were rejected, 20 were granted, and 5 are under examination, one of the applications (for the Coffemafia trademark) was granted in 2020, although in 2016-2018, the Boards Appeal and Revocation (Cancellation) of the EUIPO, and subsequently the EU Court, at the request of the Italian Republic, ruled the „La Mafia se sienta a la mesa” trademark to be invalid on the grounds that the word „mafia” was contrary to public order and its use was detrimental to public interest. However, despite the „Fack Ju Göhte” trademark being ruled to be contrary to public morality by the EUIPO and the EU Court, the Court of Justice of the European Union allowed its registration by ruling it was not contrary to public morality. In the USA, which seems to have an extremely interesting and well-reasoned jurisprudence, things aren’t any different. A number of six trademarks containing the word „Redskins” (red skin) belonging to the Washington Redskins football team (currently under a different name), registered in the 60s and 70s, challenged at registration in 1992, then in 2014, after a first decision rejecting the application, following a second application (supported by the US President and 50 senators), were revoked on the grounds of being discriminatory against the Native Americans. However, the „The Slants” (from „slanted-eye”, a pejorative term used to describe Asians) walked an entirely different path. The application (filed in 2006) to register it as a trademark for entertainment services by an all-Asian band of the same name (The Slants) was rejected by the U.S. Patent and Trademark Office - USPTO. Then, after a lengthy legal battle it was allowed for registration, with the courts, including the Supreme Court, ruling that the Lahman Act (i.e., the U.S. trademark law) provisions on the discrimination clause are contrary to the Constitution and the fundamental right to free speech. These judgments, plus another one on the sign for which registration was requested, and refused, as „CANNABIS STORE AMSTERDAM”, an EU trademark, are underlying our examination of such notions as „general/public interest”, „public order” and „public morality”, based on the finding that while important and used frequently, they are neither defined nor analysed in the legal doctrine and jurisprudence, and are used as something that needs no explanation. Such a need exists, though. After analysing them, we were able to issue our (rather critical) opinions on the EU Court judgment of 15 March 2018 that ruled the invalidity of the „La Mafia se sienta a la mesa” trademark, which we find to be wrong on the merits and, in any case, to be lacking the necessary supporting documents, while also infringing the fundamental right to free speech. However, we also found that the revocation of the „La Mafia se sienta a la mesa” trademark on the grounds of conflicting with the public order did not serve its purpose because it is not possible to prohibit the use of the sign as an unregistered trademark, because that sign is still successfully in use, because the network of restaurants that continue to use it is thriving and will even expand to other countries, and because the EU Court's decision (which probably would not have been upheld by the CJEU if appealed, as we could conclude from analysing the judgment issued in the „Fack Ju Göhte” trademark) has contributed to its growing reputation, so it may be claimed as a well-known trademark in the future, which makes the victory of the Italian Republic, which filed the application for declaration of invalidity, a bitter one. And also because the word MAFIA is at the centre of the debate, we considered it important and sought to identify its origins and uses, as well as denotations and connotations.

Gesine Richter, Christoph Borzikowsky, Bimba Franziska Hoyer et al.

Abstract Background The SARS-CoV-2 pandemic has highlighted once more the great need for comprehensive access to, and uncomplicated use of, pre-existing patient data for medical research. Enabling secondary research-use of patient-data is a prerequisite for the efficient and sustainable promotion of translation and personalisation in medicine, and for the advancement of public-health. However, balancing the legitimate interests of scientists in broad and unrestricted data-access and the demand for individual autonomy, privacy and social justice is a great challenge for patient-based medical research. Methods We therefore conducted two questionnaire-based surveys among North-German outpatients (n = 650) to determine their attitude towards data-donation for medical research, implemented as an opt-out-process. Results We observed a high level of acceptance (75.0%), the most powerful predictor of a positive attitude towards data-donation was the conviction that every citizen has a duty to contribute to the improvement of medical research (> 80% of participants approving data-donation). Interestingly, patients distinguished sharply between research inside and outside the EU, despite a general awareness that universities and public research institutions cooperate with commercial companies, willingness to allow use of donated data by the latter was very low (7.1% to 29.1%, depending upon location of company). The most popular measures among interviewees to counteract reservations against commercial data-use were regulation by law (61.4%), stipulating in the process that data are not sold or resold (84.6%). A majority requested control of both the use (46.8%) and the protection (41.5%) of the data by independent bodies. Conclusions In conclusion, data-donation for medical research, implemented as a combination of legal entitlement and easy-to-exercise-right to opt-out, was found to be widely supported by German patients and therefore warrants further consideration for a transposition into national law.

Barbara Pogonowska

Tekst podejmuje problematykę przekonań i poglądów, które wskazują na rolę uniwersytetów ekonomicznych i szkół biznesu. Zdaniem autorki Deklaracja PRME to nie tylko wyraz wspólnotowej intelektualnej refleksji  nad sytuacją uniwersytetów, lecz także przejaw postawy teoretyczno-kontemplacyjnej w świecie zdominowanym przez zasadę produktywności.

Rodney Ehrlich, Alex Montgomery, Paula Akugizibwe et al.

Abstract Background The triple epidemic of silicosis, tuberculosis and HIV infection among migrant miners from South Africa and neighbouring countries who have worked in the South African mining industry is currently the target of regional and international control efforts. These initiatives are hampered by a lack of information on this population. Methods This study analysed the major South African mining recruitment database for the period 1973 to 2012 by calendar intervals and demographic and occupational characteristics. Changes in area of recruitment were mapped using a geographic information system. Results The database contained over 10 million contracts, reducible to 1.64 million individuals. Major trends relevant to health projection were a decline in gold mining employment, the major source of silicosis; increasing recruitment of female miners; and shifts in recruitment from foreign to South African miners, from the Eastern to the Northwestern parts of South Africa, and from company employees to contractors. Conclusions These changes portend further externalisation of the burden of mining lung disease to home communities, as miners, particularly from the gold sector, leave the industry. The implications for health, surveillance and health services of the growing number of miners hired as contractors need further research, as does the health experience of female miners. Overall, the information in this report can be used for projection of disease burden and direction of compensation, screening and treatment services for the ex-miner population throughout Southern Africa.

Andras L. Pap

Inspired by recent Hungarian legislative developments that, in reference to the Roma minority, exchanged the term “ethnic minority” with “nationality”, by providing a detailed case study of the development and morphology of policy measures and frameworks in Hungary, the article provides a general assessment of the relationship between policy instruments and terminology: that is, definitions and conceptualizations in international and domestic legal and policy documents for minority groups. The author argues that while terminology in itself is not a reliable signifier for policy frameworks, it may reveal contradictory group conceptualization and inconsistent policy-making. In regards to the Roma, the author claims that the inconsistent labelling as an ethnic, racial and national minority reflects the lack of consistent conceptualization of who the Roma are, and what should be done with them.

Kishen Mahesh

Ownership with regard to human biological material (HBM) is addressed to some extent within South African law, specifically in chapter eight of the National Health Act (NHA) and its associated regulations. However, members of the legal fraternity struggle to conceptualise ownership of such materials without objectifying a person or people and risking reducing such individuals to a state of property. This then infers a reduction in human dignity by rendering one-self or parts of that same self as a commodity. The complexity of the issue raises much debate both legally as well as ethically.Â

Sérgio Ricardo Fernandes de Aquino

Esse artigo destina-se a sinalizar as reflexões de Zygmunt Bauman sobre Ética de Moral na Pós-Modernidade e quais são os seus efeitos nas Relações Humanas Jurídicas. A presença e compreensão da Ética e Moral nas diversas profissões exercidas pelos Bacharéis em Direito, especialmente os Advogados, não pode se limitar ao saber “o que se pode” e “o que não se pode” fazer. Na medida em que se constituem relações profissionais éticas se caracteriza a Estética da Convivência. Nessa condição de resgate à “Era da Moral”, cumpre-se os objetivos da Justiça no século XXI.

Christophe Koller, Daniel Fink

<p>This contribution, based on a statistical approach, undertakes to link data on resources (personnel and financial means) and the working of the administration of penal justice (prosecution, sentencing) taking into account the nationality of those prosecuted. In order to be able to distinguish prosecution and sentencing practices of judicial authorities and possible processes of discrimination, diverse sources have been used such as data from court administrations, public finances and police forces, collected by the Swiss Federal Statistical Office and the Swiss Federal administration of finances. The authors discuss discrimination in prosecution and sentencing between Swiss residents and foreigners taking into account localization and resources regarding personnel and public finances.</p>

L. R. Iksanova

Objective: to determine and ground the development strategy of intellectual capital of a holding. Methods: abstract-logical, comparison, analysis, synthesis, induction, and deduction. Results: basing on the analysis of theoretical provisions and an example of certain holding the necessity was proved to elaborate the development strategy of intellectual capital of a holding. Nine principle of forming and developing the intellectual capital were proposed, which are integral to forming the holding strategy; necessity of each principle is proved. The main stages of forming the development strategy of intellectual capital of a holding are extinguished. Scientific novelty: basing on the analysis of existing scientific approaches, the author’s definition of the intellectual capital of a holding was proposed. The development strategy of intellectual capital is grounded, for which a system of principles is proposed for developing the intellectual capital of a holding; a part of which (for example, the principles of balancing, synergism) are specific for holding companies; the main stages of forming the development strategy of intellectual capital are extinguished. Practical value: possibility to broaden the range of competences of a holding structure by forming and improving all the elements of intellectual capital, which is essential for innovative economy with high competition, as well as to increase the possibilities of competences exchange between the holding departments.

Juan SANTOS VARA

Izaskun Iriarte Irureta

<p>The Administration of Justice in Spain is going through a deep modernisation process aiming both at procedural and organisational reforms. The setting up of the new Judicial Office is precisely the major change of the organisation of the Administration of Justice in the last century. In this context, there is a shift in the role played by the regional governments with responsibilities in the field of Justice, as far as these regional governments are not only collaborators of the Judiciary at domestic jurisdiction, but they also become “actors” as they have decision making powers to create, to design and to organise the common procedural services of the Judicial Office and, hence, to set up the Judicial Office in each judicial district in their territory.</p><p>This text presents the context and the reasons behind the setting up of the Judicial Office as a new way of organisation of the Spanish Administration of Justice; the Judiciary in Spain and the responsibilities of the regional governments in the Administration of Justice; the meaning of the Judicial Office and its guiding principles; the role of the Basque Government in setting up the Judicial Office in the Basque Country, paying special attention to its activity in the field of standardization of processes, the quality system, and of information, communication and coordination; the results of the first Judicial Offices. Finally the paper questions whether the regional or national governments are just “collaborators” or real “actors” of the Administration of Justice at domestic jurisdiction.</p>

Danguolė Mikulėnienė

<p><strong>CONCERNING THE DEVELOPMENT </strong><strong>OF </strong><strong>THE ACCENTUATION OF PRONOMINAL ADJECTIVES</strong></p><p><em>Summary</em></p><p>The pronominal adjective accentuation is hypothesised this way: according to de Saussure’s law, the ictus was retracted both from the acute and circumflex syllables to the following acute syllable.</p>

Bernd Marquardt

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