• Title/Summary/Keyword: judicial system

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Ship collision in Chinese Maritime Law: Legislation and Judicial Practice

  • Qi, Jiancuo
    • Journal of Navigation and Port Research
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    • v.46 no.2
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    • pp.99-109
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    • 2022
  • A report released by the Chinese Maritime Court found that the natural environment and other objective factors have greatly reduced the risk of ship collision accidents with the advancement of technologies. However, collisions between merchant ships and fishing boats occur frequently along the coast during fishing seasons, which should be highly valued. International conventions and domestic legislation in China comprise detailed laws with respect to ship collisions, but the theory of ship collision infringement needs to be improved, enriched, and developed. Meanwhile, the development of the tort liability law provides theoretical support for ship collision infringement. As far as China's ship tort legal system is concerned, the research on ship collision tort damage compensation is relatively extensive, and the constitutive elements and causality of ship collision tort liability have also been studied in depth. The purpose of this paper is to explore the domestic legislation applicable to disputes related to ship collisions in China. As these laws are unclear on the resolution of disputes resulting from ship collisions, significant attention has been focused on the final judgments by the Supreme Court of China (SPC), as well as the judicial judgments set by the Maritime Court of China.

A Study on the Judicial Judgment of Flight Regulations under the Aviation Safety Act (항공안전법상 운항규정의 사법적 판단에 관한 고찰 )

  • Sung-mi Kim;Hee-bok Ahn;Un-jin Yeo;Ho-won Hwang
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.31 no.3
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    • pp.161-171
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    • 2023
  • The traditional safety management method starts with the misconception that similar accidents will recur if the inappropriate behavior of the person who caused the accident is investigated and punishment is not judged. However, in modern safety management, incidents or situations occur when negative conditions latent in the system are mutually influenced and triggered. The precedent for revoking the disposition of suspension of first officer A of Eastar Jet, which won a legal lawsuit against the administrative regulatory authority, is a representative example that will serve as an opportunity for the administrative regulatory authority to break away from the punishment-oriented safety management method of the past. On the other hand, airmans and air carriers also need to have a clear understanding of flight regulations, and when judicial judgment is required, predictable and effective legal effects can be obtained by preparing clear standards for flight regulations. In addition, administrative regulatory authorities expect a change from the punishment-oriented safety management policy of the past to a systematic safety management policy.

A Study on Military Justice System Reform : Focusing on Defense Reform 2.0 (군 사법제도 개혁에 관한 고찰 : 국방개혁 2.0을 중심으로)

  • Jung, Jung Kyun;Park, Cheol;Park, Sang Jae
    • Convergence Security Journal
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    • v.18 no.2
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    • pp.113-121
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    • 2018
  • The The ROK military announced a reform proposal for the National Defense Reform 2.0 in 2018 in order to substantially guarantee the constitutional rights and human rights of the soldiers and to meet the demands of the military judicial reform. In order to establish a fair and independent military judicial system through such reforms, the Supreme Military Court was abolished to eradicate the controversy in the army and to abolish the system of the judges' And professionalism is systematically ensured so that judges can be judged only by law and conscience. This military reform proposal is so dramatic that it has a vocal voice of opposition, but the military should no longer be an exception to democracy and should try not to get caught in the stigma of human rights blindness.

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Consumer Protection in E-commerce: Synthesis Review of Related Books

  • Alharthi, Saud Hamoud
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.413-419
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    • 2022
  • To have a complete and comprehensive understanding of the research subject and to form an integrated legal framework for it, I have sought comprehensively to cover the major written literature on the issue under consideration. I also benefitted from a wide range of research and academic studies pertaining to the same topic, although that literature did not specifically address the issue of consumer rights in electronic contracting in the Saudi e-commerce system. Rather, it addressed only the civil and criminal protection of the consumer in e-commerce.

The Concept of Corporations In Saudi Law and Its Relationship With Islamic Law

  • Alzhrani, Abdulrahman AA
    • International Journal of Computer Science & Network Security
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    • v.22 no.8
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    • pp.425-431
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    • 2022
  • Saudi laws must be derived from Islamic law. However, Islamic law has a flexible methodology that allows it to deal with any form of business entity. Today there is no difference between the countries around the world about the general concept of the corporation because countries have copied the system of the corporation from each other since the sixteenth century.

A study on the Necessity of the Death Penalty in the Information Society -Focused on the misjudgement cases- (정보화 사회에 있어서 사형제도 폐지의 당위성 -오판사례를 중심으로-)

  • Lee, Dong-Myung
    • Journal of the Korea Society of Computer and Information
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    • v.19 no.7
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    • pp.151-159
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    • 2014
  • Sometimes, the misjudgement of imperfect human can not be avoided because capital punishment is decided by a judicial officer, human. Dreiinstanzen system has been adopted to prevent misjudgement. However the possibility of misjudgement can not be entirely excluded in the judgement by a judicial officer as the judgement of a lower court and a higher tribunal depends on the specific criminal cases. And in case of capital punishment executed by misjudgement, it leads to a cruelty result which has not ways to recover the damage. There is an opinion that dangerousness of misjudgement is lacking in persuasiveness because of insufficient demonstration for the abolition of capital punishment. However, also, there is an opinion that the abolition of capital punishment in case of misjudgement is persuasive with reality. In this case, even if other punishments are discussed separately, once capital punishment is executed, it can be irrevocable unjustice because a nation itself commits a crime. According to this, I would like to find out causes of misjudgement in the criminal justice system through the cases of advanced countries, such as United states, Japan, which are rich in studies and case analysis related to misjudgement, and introduce their efforts to prevent misjudgement in this paper.

The Role and Tasks of Family Science in the Probation and Parole System (보호관찰에 있어서의 가족학의 역할과 과제)

  • Lee, Jung-Yeon
    • Korean Journal of Human Ecology
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    • v.11 no.1
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    • pp.1-11
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    • 2002
  • This paper was written to present the recent trend of juvenile delinquency within the context of family system and to provide the role and tasks of Family Science in the area of Probation and Parole System in Korea. Since Family Science provides knowledges and skills to help for both adolescents and their families by improving interactional functions, the role of Family Science was focusing more on comprehensive and integrated perspectives. The tasks of Family Science, especially, in family life education, family therapy, and family policy, were as follows: 1) to prevent recurrence of misbehavior by family life education. 2) to draw the cooperation with the judicial system. 3) to provide the advanced course for volunteers. 4) to perform crime prevention education for normal adolescents. 5) to join the official education for civil service personnel. 6) to manage group-homes after the completion of the probation period.

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A Legal Study on the Present Situation of Sports Arbitration and Suggestions on the Construction of a Sports Arbitration System in China - A Comparative Analysis of England Legal System - (중국 스포츠중재법의 현황과 제도개선 방안 - 영국 중재제도와의 비교 고찰을 중심으로 -)

  • Kim, Jong-Woo
    • Journal of Arbitration Studies
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    • v.24 no.1
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    • pp.133-157
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    • 2014
  • To confirm the division of the scope of sports arbitration, the English sports arbitration system will be analyzed as well as the scope of the regulations of the international sports arbitration court. If these forms of sport arbitration are combined with the existing China legal system and sports systems, they will effectively deal with the procedures of sports arbitration and of their linked programs, and clarify the nature of sports arbitration. With regard to the judicial supervision mode, domestic scholars have two theoretical perspectives, "comprehensive supervision theory" and "program supervision theory". Based on analyzing the above theories, the author believes that the opposition between the two is not absolute, as both can reach agreement on the important issue of whether to conduct substantive court examination or not under the premise of party autonomy.

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The Multi-door Courthouse: Origin, Extension, and Case Studies (멀티도어코트하우스제도: 기원, 확장과 사례분석)

  • Chung, Yongkyun
    • Journal of Arbitration Studies
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    • v.28 no.2
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    • pp.3-43
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    • 2018
  • The emergence of a multi-door courthouse is related with a couple of reasons as follows: First, a multi-door courthouse was originally initiated by the United States government that increasingly became impatient with the pace and cost of protracted litigation clogging the courts. Second, dockets of courts are overcrowded with legal suits, making it difficult for judges to handle those legal suits in time and causing delays in responding to citizens' complaints. Third, litigation is not suitable for the disputant that has an ongoing relationship with the other party. In this case, even if winning is achieved in the short run, it may not be all that was hoped for in the long run. Fourth, international organizations such as the World Bank, UNDP, and Asia Development Bank urge to provide an increased access to women, residents, and the poor in local communities. The generic model of a multi-door courthouse consists of three stages: The first stage includes a center offering intake services, along with an array of dispute resolution services under one roof. At the second stage, the screening unit at the center would diagnose citizen disputes, then refer the disputants to the appropriate door for handling the case. At the third stage, the multi-door courthouse provides diverse kinds of dispute resolution programs such as mediation, arbitration, mediation-arbitration (med-arb), litigation, and early neutral evaluation. This study suggests the extended model of multi-door courthouse comprised of five layers: intake process, diagnosis and door-selection process, neutral-selection process, implementation process of dispute resolution, and process of training and education. One of the major characteristics of extended multi-door courthouse model is the detailed specification of individual department corresponding to each process within a multi-door courthouse. The intake department takes care of the intake process. The screening department plays the role of screening disputes, diagnosing the nature of disputes, and determining a suitable door to handle disputes. The human resources department manages experts through the construction and management of the data base of mediators, arbitrators, and judges. The administration bureau manages the implementation of each process of dispute resolution. The education and training department builds long-term planning to procure neutrals and experts dealing with various kinds of disputes within a multi-door courthouse. For this purpose, it is necessary to establish networks among courts, law schools, and associations of scholars in order to facilitate the supply of manpower in ADR neutrals, as well as judges in the long run. This study also provides six case studies of multi-door courthouses across continents in order to grasp the worldwide picture and wide spread phenomena of multi-door courthouse. For this purpose, the United States and Latin American countries including Argentina and Brazil, Middle Eastern countries, and Southeast Asian countries (such as Malaysia and Myanmar), Australia, and Nigeria were chosen. It was found that three kinds of patterns are discernible during the evolution of a multi-door courthouse model. First, the federal courts of the United States, land and environment court in Australia, and Lagos multi-door courthouse in Nigeria may maintain the prototype of a multi-door courthouse model. Second, the judicial systems in Latin American countries tend to show heterogenous patterns in terms of the adaptation of a multi-door courthouse model to their own environments. Some court systems of Latin American countries including those of Argentina and Brazil resemble the generic model of a multi-door courthouse, while other countries show their distinctive pattern of judicial system and ADR systems. Third, it was found that legal pluralism is prevalent in Middle Eastern countries and Southeast Asian countries. For example, Middle Eastern countries such as Saudi Arabia have developed various kinds of dispute resolution methods, such as sulh (mediation), tahkim (arbitration), and med-arb for many centuries, since they have been situated at the state of tribe or clan instead of nation. Accordingly, they have no unified code within the territory. In case of Southeast Asian countries such as Myanmar and Malaysia, they have preserved a strong tradition of customary laws such as Dhammthat in Burma, and Shriah and the Islamic law in Malaysia for a long time. On the other hand, they incorporated a common law system into a secular judicial system in Myanmar and Malaysia during the colonial period. Finally, this article proposes a couple of factors to strengthen or weaken a multi-door courthouse model. The first factor to strengthen a multi-door courthouse model is the maintenance of flexibility and core value of alternative dispute resolution. We also find that fund raising is important to build and maintain the multi-door courthouse model, reflecting the fact that there has been a competition surrounding the allocation of funds within the judicial system.

Study of Prevention System against Second-Convictions of Sexual Violence Offenders by Using Smart Electronic Monitoring Anklet

  • Oh, Sei-Youen;Lee, Aeri
    • Journal of Advanced Information Technology and Convergence
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    • v.8 no.2
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    • pp.69-77
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    • 2018
  • The study, recognizing the seriousness of such second-convictions of sexual violence offenders and supplementing the problems noticed from an integral electronic monitoring anklet, which only offers simple location information, would like to propose a Prevention System against Second-Convictions of Sexual Violence Offenders by using Smart Electronic Monitoring Anklet. Proposed System is anticipated to be able to prevent second-convictions of sexual violence offenders as the data of offenders from Smart Electronic Monitoring Anklet with various sensors and the data from Integrated DB of Judicial Authorities is comparatively analyzed, allowing anticipative actions at each stage based on the analyzed data regarding sexual violence.