Cadernos de Dereito Actual
type: channel
description: cadernos de dereito actual
publisher: Xuristas en Acción
language: en
publication name: Cadernos de Dereito Actual
issn: 2340-860X
copyright: Those authors who have published with this journal, accept the following terms: The authors cede all their copyrights to the magazine Cadernos de Dereito Actual, which will be in charge of disseminating and always quoting the author. The authors agree not to send the article or publish it in another magazine. The authors are allowed and recommended to disseminate their work through the Internet (e.g., in institutional telematic archives or on their website) before and during the submission process, which can produce interesting exchanges and increase the number of citations of the published work, provided that reference is made to Cadernos de Dereito Actual. All contents published in the magazine are protected under a "Creative Commons - Attribution - Non-Commercial" license. Everyone has the right to freely access the contents of the magazine.
items: From "right text" to "governance practice": An analysis of the legal path for the protection of college students' constitutional rights in China
items: Domestic violence in cases of abused women who kill their abusers: Impact and identification
items: Término de caducidad de la acción judicial para la indemnización de perjuicios ocasionados por delitos de lesa humanidad en Colombia, interpretación desde la teoría del constitucionalismo democrático
items: Corporate diversification of small and medium-sized enterprises (SMEs) and corporate management concerning China–Europe trade and investment integration
items: Legal grounds for continuing military service by servicemen after an unauthorized abandonment of a military unit
items: Research on the lack of legal authority in China’s rural governance
items: From the synergistic perspective of company law and labor law: Resolving legal disputes and compliance pathways in enterprise human resource management—A China-based case study
items: A study of the relationship between executive legal background, financial fraud and corporate finance constraints
items: Socio-political impact and the ground realities of refugee policies in Greece
items: Efficiency of cooperation between various services and specialists in the investigation of terrorist murders
items: The rule of law as a principle of protection of violated civil rights
items: International cooperation in operational and search activities: A comparative analysis of foreign experience
items: Quantitative jurisprudence: dynamic balancing framework of personal information protection via information entropy and Alexy's formula
items: Optimization study of artificial intelligence on dispute resolution models in criminal proceedings
items: From passive to active: The constitutional logic transformation of state guarantee of the right to employment in the context of artificial intelligence
items: Labor law and human resource management: Legal disputes and management strategies in labor relations
items: Problems from the legal ambiguities of nominee shareholding agreement in China
items: Fund security and legal regulatory paradigm shifts for commercial prepaid cards in the digital payment era
items: Mainstreaming Progressive Law: Toward an Emancipatory Paradigm in Legal Higher Education
items: Coastal women’s double burden in mangrove management in Indonesia: a socio-legal perspective
items: Intangible heritage beyond borders: fostering international cooperation through international law and governance
items: State responsibility and victim protection: an evaluation of non-judicial measures for human rights violations in Indonesia
items: Tradición y modernidad: mediación en el derecho romano y mediación popular en China
items: The Use of Child Soldiers in Armed Conflicts: Violations of United Nations Convention on Rights of a Child (UNCRC) in Somalia
items: Modernising Ukraine’s enforcement system: Insights from European practices
items: Atualidade da teoria da ação comunicativa: Justiça e consenso na resolução adequada de litígios
items: Tributação do uso do "streaming": breves ilações em face da inovação trazida pela EC n. 132/23 e LC 214/25
items: Limits of human rights restrictions in criminal proceedings under martial law in Ukraine
items: Radicalization, polarization and post-truth Challenges and uncertainties for the rule of law
items: Fake news and its consequences: Fake news and its consequences: protecting democracy in times of misinformation

From "right text" to "governance practice": An analysis of the legal path for the protection of college students' constitutional rights in China
type: item
description: Against the dual backdrop of comprehensively advancing the rule of law in China and modernizing higher education governance, the protection of college students' constitutional rights in China has gradually moved from the "textual declaration" stage to the "practical implementation" stage. As dual subjects of national citizens and recipients of higher education, college students are legally entitled to fundamental constitutional rights such as the right to education, academic freedom, freedom of speech, and dignity of personality. These rights not only represent the core of the modern university spirit but also serve as a crucial criterion for the rule of law in campus governance. However, conflicts between university management practices and students' constitutional rights frequently occur in practice, revealing a disconnect between "right texts" and "governance practices," which is specifically manifested in predicaments such as weak awareness of rights, overreach of administrative power, and failure of relief mechanisms. Based on China's rule of law practice, this paper adopts a combined approach of doctrinal analysis and comparative research, drawing on typical domestic cases and institutional practices of countries including Germany and African nations. From the core perspective of "text-practice" connection, it systematically sorts out the research status of the protection of college students' constitutional rights, deeply analyzes the normative conflicts and implementation obstacles existing in practice, and proposes a trinity-based legal improvement path of "norm-relief-participation." The paper aims to transform college students' constitutional rights from "paper provisions" into "perceivable, claimable, and remediable" practical rights and interests, thereby providing institutional support for the modernization of campus governance.
subject: Artículos
  topic: section
subject: College Students, Constitutional Rights, Right Text, Governance Practice
  topic: keywords
creator: Pengcheng Zhao
creator: Kun Han
rights: Copyright (c) 2025 Pengcheng Zhao, Kun Han https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-28
publication date: 2025-11-28
starting page: 158
ending page: 172

Domestic violence in cases of abused women who kill their abusers: Impact and identification
type: item
description: Domestic violence often impacts sentencing in cases where battered women kill their abusers, primarily through the assessment of the victim’s fault and the classification of “relatively minor circumstances of intentional homicide” under Article 20 of the Opinion on Handling Criminal Cases Involving Domestic Violence in Accordance with the Law. Case analysis shows that when the victim’s serious fault is recognized, sentences typically range from 6 to 10 years, while cases falling under “relatively minor circumstances of intentional homicide” under Article 20 often result in sentences under 5 years, including suspended sentences. NVivo analysis indicates that both sentencing outcomes largely depend on the recognition of long-term abuse, leading to disparities in similar cases. This article argues for clearer application of “relatively minor circumstances of intentional homicide” and the introduction of evidence showing help-seeking behavior to standardize sentencing and support commutation or acquittal.
subject: Artículos
  topic: section
subject: Domestic Violence, Intimate Partner Homicide, Battered Women, Sentencing, Mitigating Circumstances, Victim Fault, Help-Seeking Behavior
  topic: keywords
creator: Jingyu Liu
creator: Muhamad Helmi Md Said
creator: Nurul Hidayat Ab Rahman
creator: Nadhilah A. Kadir
creator: Yaoyao Li
rights: Copyright (c) 2025 Jingyu Liu, Muhamad Helmi Md Said, Nurul Hidayat Ab Rahman, Nadhilah A. Kadir, Yaoyao Li https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-28
publication date: 2025-11-28
starting page: 72
ending page: 86

Término de caducidad de la acción judicial para la indemnización de perjuicios ocasionados por delitos de lesa humanidad en Colombia, interpretación desde la teoría del constitucionalismo democrático
type: item
description: In the context of Colombia’s internal armed conflict, victim reparation is a cornerstone of transitional justice and the pursuit of sustainable peace. Among the available mechanisms, the most comprehensive is the judicial process for the State’s extra-contractual liability. Yet access to this remedy remains contested, particularly with respect to the statute of limitations: while the Inter-American Court of Human Rights holds that such actions are not subject to prescription, both the Colombian Council of State and the Constitutional Court maintain that they are governed by the statutory time limits established in domestic law. This divergence creates uncertainty and significantly undermines the rights of victims of crimes against humanity, limiting their ability to pursue the most effective avenue for redress. To assess which interpretation proves more suitable and legitimate, this study engages with constitutional interpretation through the lens of democratic constitutionalism. By applying its criteria to the two conflicting approaches, it seeks to offer a reasoned solution to the problem at hand.
subject: Artículos
  topic: section
subject: Crimes Against Humanity, Conventionality Control, Comprehensive Reparation, Constitutional Interpretation, Democratic Constitutionalism
  topic: keywords
creator: Mauricio Andrés Pérez Caballero
rights: Copyright (c) 2025 Mauricio Andrés Pérez Caballero https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-28
publication date: 2025-11-28
starting page: 1
ending page: 40

Corporate diversification of small and medium-sized enterprises (SMEs) and corporate management concerning China–Europe trade and investment integration
type: item
description: The research purpose is to identify the role of China-EUrope trade and investment relations on corporate diversification and corporate management of SMEs. There is significant research done on this area, and it has been identified that presently geopolitical tensions, internal governance and team management are some of the hurdles faced by SMEs in engaging in corporate diversification. The research has engaged in an interview of 5 respondents who work in senior manager positions in different SMEs in China that have expanded into the EU. The findings illustrate the need for legal teams and regulatory compliance audits, along with an agile management and compliance monitoring dashboard for effective governance at par with the trade and investment agreements. A framework for achieving diversification has also been recommended.
subject: Artículos
  topic: section
subject: Corporate Diversification, China–EU Trade Agreement, Product Diversification, Geopolitical Tension, Trade Barriers
  topic: keywords
creator: Shuyun Wang
creator: Anatolijs Kriviņš
rights: Copyright (c) 2025 Shuyun Wang, Anatolijs Kriviņš https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-28
publication date: 2025-11-28
starting page: 138
ending page: 157

Legal grounds for continuing military service by servicemen after an unauthorized abandonment of a military unit
type: item
description: This study dives into what actually happens when a Ukrainian soldier comes back to duty after leaving their unit without permission. The researchers didn’t just skim the surface-they went through 42 laws and court decisions from 2024 and 2025. They also looked at how the U.S., France, Germany, Canada, and the U.K. handle the same thing. Here’s the deal: Ukraine’s laws are still pretty tough and don’t really explain how someone can come back voluntarily or get their position back. Judges aren’t always consistent either, so no one really knows what to expect. In other countries, the approach is a lot more balanced. They mix discipline with support, even offer psychological help, and try to be fair while still holding soldiers responsible. The study doesn’t just point out the problems-it offers some solid fixes. It says Ukraine needs to set clear rules for judges and spell out how much authority commanders have. The researchers think Ukraine should also create a military ombudsman, so soldiers have someone to turn to if they run into trouble. And real rehab programs for those who want to return? Those are a must. Put all this together, and Ukraine’s system would be a lot closer to NATO standards, the laws would make more sense, and soldiers’ rights would actually mean something.
subject: Artículos
  topic: section
subject: Military Service, Criminal Liability, Unauthorized Abandonment, Reinstatement, Military Justice Reform, Comparative Law, Ukraine
  topic: keywords
creator: Oleksii Voluiko
creator: Hennadii Shevchuk
creator: Volodymyr Myna
creator: Oleksandr Pelahesha
creator: Dеnys Sharko
rights: Copyright (c) 2025 Oleksii Voluiko, Hennadii Shevchuk, Volodymyr Myna, Oleksandr Pelahesha, Dеnys Sharko https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-28
publication date: 2025-11-28
starting page: 58
ending page: 71

Research on the lack of legal authority in China’s rural governance
type: item
description: The authority of village level governance in China is undergoing a process of transition from traditional authority to rule of law authority, with significant changes in governance subjects, methods, and models. To build the authority of the rule of law in rural areas, it is necessary to cultivate public respect for and belief in the law, thereby internalizing the concept of legal authority. Therefore, multiple channels are needed to jointly build the authority of rural rule of law and promote the further realization of the goal of rural rule of law spirit. This article analyzes the current situation of the rule of law authority in rural China, understands the main reasons for the chaotic structure and mechanism of rural authority, and analyzes the reasons for the lack of rural rule of law authority from three aspects: legal creation, legal operation, and legal popularization. Finally, it sorts out what methods should be taken to build rural rule of law authority from three aspects: policy and regulations, village autonomy, and legal consciousness.
subject: Artículos
  topic: section
subject: Rural Governance, Governance Model, Legal Authority, Policy Recommendations
  topic: keywords
creator: Chaoying Yu
creator: Norazlina Abdul Aziz
rights: Copyright (c) 2025 Chaoying Yu, Norazlina Abdul Aziz https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-28
publication date: 2025-11-28
starting page: 41
ending page: 57

From the synergistic perspective of company law and labor law: Resolving legal disputes and compliance pathways in enterprise human resource management—A China-based case study
type: item
description: This paper examines mechanisms for resolving legal disputes and ensuring compliance in corporate human-resource management from the perspective of the interplay between Chinese company law and labour law. Focusing on such practical problems as overlapping and conflicting legal applications and the ambiguous classification of platform labour, it proposes targeted solutions—including a tiered employment-rule framework and a labour-compliance committee system—grounded in Chinese court decisions and existing institutions. Drawing on the employment-status criteria set out in the EU Platform Work Directive (EU) 2024/2831, the study also offers international reference points for refining China’s regulatory regime. The research seeks to clarify legal boundaries, facilitate enterprise compliance, and foster harmonious labour-capital relations.
subject: Artículos
  topic: section
subject: Company Law, Labor Law, Collaborative Governance, Human Resources, Legal Disputes
  topic: keywords
creator: Zhen Yuan
rights: Copyright (c) 2025 Zhen Yuan https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-28
publication date: 2025-11-28
starting page: 173
ending page: 191

A study of the relationship between executive legal background, financial fraud and corporate finance constraints
type: item
description: In recent years, with the increasing complexity of corporate governance structure, the importance of executives' legal background on corporate decision-making and compliance has gradually come to the fore. By combing domestic and international studies, we analyze how executives' legal background affects financial fraud and financing constraints by influencing the internal governance structure and decision-making mechanism of enterprises under the current rule of law environment in China. Executives with legal background can better identify and prevent financial fraud risks by virtue of their familiarity with laws and regulations and their awareness of risk prevention and control, so as to safeguard the financial integrity and market reputation of enterprises. At the same time, executives with legal background can reduce the information asymmetry between enterprises and external investors by improving the internal corporate governance mechanism and optimizing the information disclosure system, thus alleviating the financing constraints of enterprises. This paper provides theoretical basis and practical reference for improving corporate governance and optimizing enterprise financing environment, and also provides useful reference for the improvement of relevant laws and regulations and the formulation of regulatory policies.
subject: Artículos
  topic: section
subject: Legal context, Financial fraud, Corporate finance, Internal governance
  topic: keywords
creator: Daodi Yao
creator: Yong-Sik Hwang
rights: Copyright (c) 2025 Daodi Yao, Yong-Sik Hwang https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-10
publication date: 2025-10-10
starting page: 01
ending page: 13

Socio-political impact and the ground realities of refugee policies in Greece
type: item
description: This research paper will address the Greece policy regarding refugees, specifically after the European refugee crisis in 2015, when Greece turned into one of the main gates of entry of refugees leaving the conflict in Syria, Afghanistan, and Iraq. The paper explores the socio-political, legal and humanitarian frames that defined the Greek approach to the crisis. It discusses the issue that Greece had to deal with as a frontline state such as overcrowded reception centers, delay in processing asylum and insufficient integration programs. Referring to the data of the institutions like the Greek Council of Refugees, the academic research, and case studies of the different parts of Greece, the article offers a thorough analysis of the policy responses in the country. The study uses documentary analysis, qualitative interviews, and case reports in making an evaluation of the effectiveness of these policies. Results show that the asylum system in Greece has not performed well during the crisis, but it is not as simple as it is presented since there are tremendous differences in the experience of refugees across the region. The article states that a proper policy change is necessary, and there should be European Union (EU) wide unity and long-term plans on how to better manage refugees. It requires the multifaceted approach balancing humanitarian issues with practical issues at the ground level. The paper summarizes that to find sustainable solutions to the population of refugees in Greece, more effort has to be put by the EU, which means that policy change, solidarity, and long-term intervention is necessary to assist refugees and host communities in the most appropriate way.
subject: Artículos
  topic: section
subject: Greece's Refugee Policies, European Refugee Crisis, Historical Context, Legal Frameworks, Socio-Political Dynamics
  topic: keywords
creator: Suror Shaba Polus
creator: Mohd Ikbal Mohd Huda
rights: Copyright (c) 2025 Suror Shaba Polus, Mohd Ikbal Mohd Huda https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-28
publication date: 2025-11-28
starting page: 123
ending page: 137

Efficiency of cooperation between various services and specialists in the investigation of terrorist murders
type: item
description: The relevance of the study is determined by the increasing number of terrorist attacks and the need to improve the efficiency of interagency cooperation as regulated under domestic legal provisions and international conventions during the investigation of murders committed for terrorist motives. The aim of the study is to analyse and improve mechanisms for interagency cooperation as regulated under domestic legal provisions and international conventions in the investigation of terrorist murders. The following methods were used in the study: relevance analysis, doctrinal comparative legal analysis, comparative cluster analysis, topological analysis, algorithm generalization, algorithm optimization, step-by-step structural qualitative comparative analysis, step-by-step structural element comparative analysis, and efficiency determination. The generalized results of the study showed that among the 25 analysed countries and international organizations, only 32% have highly effective integrated interaction models. The optimized algorithm reduces the operational complexity of the investigation process from 212 to 170 conventional units (≈20%), thereby increasing the speed of response, the accuracy of the services’ actions, and the ability to legal adaptation within different jurisdictions.
subject: Artículos
  topic: section
subject: Investigation, Criminal Proceedings, Forensics, Criminal Offence, Murders, Murder Investigation, Particularly Serious Crimes
  topic: keywords
creator: Ihor Demidov
creator: Arzu Hadzhiieva
creator: Ivan Tkachov
creator: Oleksandr Kozenko
creator: Denys Bohdan
rights: Copyright (c) 2025 Ihor Demidov, Arzu Hadzhiieva, Ivan Tkachov, Oleksandr Kozenko, Denys Bohdan https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-28
publication date: 2025-11-28
starting page: 87
ending page: 106

The rule of law as a principle of protection of violated civil rights
type: item
description: This article examines the rule of law as both a philosophical and practical standard for civil rights within the judicial system. This research employs the six-component framework established by the Venice Commission. The components include legality, clarity, prohibition of arbitrariness, access to justice, respect for human rights, and equality before the law. In comparative analysis, guiding principles are converted into evaluative categories. A total of 148 court opinions were analyzed. The sample included cases from the ECHR, CJEU, Spain, and Ukraine. Supranational courts consistently apply all six essential components. This guarantees procedural fairness and the protection of rights. Spanish case law consistently establishes proportionality, equality, and access to justice throughout the legal system. Actual guarantees represent manifestations of abstract notions. Ukrainian practice demonstrates merely superficial integration. The Supreme Court and Constitutional Court frequently utilize proportionality and legal certainty in their rulings. Political interference, inadequate law enforcement, and neglect by subordinate courts contribute to the fragmentation and unpredictability of the judicial system. The research contextualizes the data within theoretical frameworks and comparative analyses. The rule of law framework established by the Venice Commission exhibits greater analytical rigor compared to earlier definitions. Numerous modifications have been suggested for Ukraine. This legislation establishes a Spanish-style proportionality review, enhances law enforcement, initiates pilot monitoring programs in lower courts, and incorporates six elements into judicial education. The comprehensive application of the Venice Commission method to both national and supranational contexts represents a significant scientific contribution. This approach is pragmatic, as it suggests reform measures aimed at legitimizing the judicial system and aligning transitional systems wi…
subject: Artículos
  topic: section
subject:
  topic: keywords
  value: Rule of law; Venice Commission; Civil rights protection; Legal certainty; Proportionality; Access to justice; Judicial independence; European Court of Human Rights (ECHR); Court of Justice of the European Union (CJEU); Spanish Constitutional Court; Ukrainian judiciary; Comparative constitutional law; Enforcement of judgments; Equality before the law; Transitional democracies
creator: Ivan Ivanets
rights: Copyright (c) 2025 Ivan Ivanets https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-10
publication date: 2025-10-10
starting page: 63
ending page: 82

International cooperation in operational and search activities: A comparative analysis of foreign experience
type: item
description: The purpose of the article is to analyze the concept and essence of international cooperation in operational-search activities, the definition of these provisions in the legislation of different countries. Research results. The following main forms of cooperation between states in operational-search activities have been identified: exchange of operational-search, legal and other information; joint efforts of states, in particular those outlined in mutually agreed agreements, aimed at preventing criminal activity, identifying its cases and further conducting investigations; search and detention of criminals on the basis of contractual relations or one-time appeals of one state to another; transfer of persons accused of committing crimes to another jurisdiction, whether it is a state within the same country or an international organization, for the purpose of trial; main areas of international cooperation in the administration of justice: assistance in the resettlement of convicted persons to their country of origin or country of permanent residence to serve their sentence in prison. Conclusions. International cooperation in operational and investigative activities must be carried out in compliance with state sovereignty, national legislation, adherence to the principle of non-intervention in the domestic affairs of nations, along with other core tenets of international law, forms the foundation of this discussion. The reach, principal approaches, and structures through which states collaborate internationally to combat crime are contingent upon the specifics and intrinsic traits of each severe criminal act, which manifests as a unique societal issue.
subject: Artículos
  topic: section
subject: Interaction; Foreign Experience; Operational and Investigative Activities; International Cooperation; International Law Enforcement Agencies; Organized Criminal Groups
  topic: keywords
creator: Viacheslav Davydenko
creator: Maksym Korniienko
creator: Anatolii Radchuk
creator: Andrii Babiak
creator: Yevhen Leheza
rights: Copyright (c) 2025 Viacheslav Davydenko , Maksym Korniienko, Anatolii Radchuk, Andrii Babiak, Yevhen Leheza https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-10
publication date: 2025-10-10
starting page: 83
ending page: 102

Quantitative jurisprudence: dynamic balancing framework of personal information protection via information entropy and Alexy's formula
type: item
description: China's personal information protection system mainly unfolds around the protection of personal information rights and the realization of data interests. However, this system faces two major predicaments in practice: the definition of the protected objects and the balance between rights and interests. Whether information belongs to personal information needs to be judged specifically in specific usage scenarios. Personal information simultaneously carries the dual demands of data flow and rights protection, and a balance needs to be achieved. The entropy weight model based on information entropy theory can calculate and describe the identification ability of personal information, providing objective parameters for judgment. By substituting the calculation results of the entropy weight model into the Alexy weight formula, the balance between personal information rights and data flow interests in dynamic scenarios can be analyzed. This article proposes a method to assist in determining the legal definition of the object and the dynamic balance of rights and interests through calculation conclusions by adopting an interdisciplinary research approach, and presents an effective research paradigm for personal protection.
subject: Artículos
  topic: section
subject: Personal Information; Information Entropy; Weighing Rule; Rights and Interests Balance
  topic: keywords
creator: Qizhen Yang
rights: Copyright (c) 2025 Qizhen Yang https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-10
publication date: 2025-10-10
starting page: 44
ending page: 62

Optimization study of artificial intelligence on dispute resolution models in criminal proceedings
type: item
description: Purpose: To explore how artificial intelligence (AI) can transform criminal litigation dispute resolution in real-world judicial practice, focusing on resolving persistent challenges in cross-regional mediation, including legal application discrepancies and mediation model heterogeneity. Design: We integrate data from the national court electronic case file system and the Supreme People's Court’s judicial big data platform to construct a criminal mediation case database covering eastern, central, and western China. Using a domain-adaptive approach to standardize legal elements, we build a dispute prediction model combining deep adversarial networks with temporal attention mechanisms. Multidimensional feature vectors incorporate behavioral trajectories, social relationship networks, and historical caFse similarity analysis. Findings: The model achieves 81.4% accuracy in predicting successful mediations—33.6 percentage points higher than traditional legal analysis. In small-sample scenarios (e.g., border regions), it maintains 79.2% accuracy, demonstrating robust adaptability for resource-constrained courts. Conclusion: This study confirms AI’s capacity to unify regional judicial standards and provides an interpretable framework for data-driven dispute resolution in criminal practice.
subject: Artículos
  topic: section
subject: Artificial intelligence; Criminal proceedings; Dispute resolution
  topic: keywords
creator: Yuguang Lu
rights: Copyright (c) 2025 Yuguang Lu https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-10
publication date: 2025-10-10
starting page: 14
ending page: 27

From passive to active: The constitutional logic transformation of state guarantee of the right to employment in the context of artificial intelligence
type: item
description: The rapid development of artificial intelligence is profoundly reshaping the labor market, triggering a series of challenges such as the transformation of employment structure and changes in labor forms. The traditional constitutional logic of state guarantee for the right to employment, which is centered on "passive protection", can no longer adapt to these changes. This paper aims to explore the transformation path of the constitutional logic for the state to guarantee the right to employment in the context of artificial intelligence. It sorts out the evolution of provisions related to the protection of the right to employment in China's Constitution and relevant laws through normative analysis, investigates the practical experience of foreign countries in adjusting state obligations amid technological changes with comparative law research, and meanwhile analyzes typical cases involving artificial intelligence and the right to employment in China's judicial practice by means of case study. The study finds that there are three tensions in the current protection of the right to employment in China: the gap between the principled nature of the "state guarantee" clauses in the constitutional text and the specificity required by the technological era; the blurred boundary between the state's obligation of negative non-interference and positive action; and the poor adaptability of the traditional formal employment protection model to new employment forms such as the platform economy. Based on this, this paper proposes that the constitutional logic for the state to guarantee the right to employment should shift from "passive response" to "active construction". The specific paths include: at the normative level, clarifying the connotation of the state's positive obligations in guaranteeing the right to employment in the era of artificial intelligence, and incorporating skill training and protection of new employment forms into the scope of constitutional interpretation; a…
subject: Artículos
  topic: section
subject: Artificial intelligence; Right to employment; Constitutional protection; State obligations
  topic: keywords
creator: Kun Han
rights: Copyright (c) 2025 Kun Han https://creativecommons.org/licenses/by-nc/4.0
date: 2025-10-10
publication date: 2025-10-10
starting page: 28
ending page: 43

Labor law and human resource management: Legal disputes and management strategies in labor relations
type: item
description: With the continuous improvement of China's labor legal system and the increasing awareness of workers' rights protection, labor relations have become increasingly complex, resulting in frequent labor disputes that pose severe challenges to human resource management in enterprises. This paper focuses on the interaction between labor law and human resource management, examining common legal disputes in current labor relations, such as non-compliance with labor contract execution, wage and benefit disputes, and improper dismissal procedures. It conducts an in-depth analysis of the underlying institutional deficiencies and management loopholes. Particularly under new employment models, such as platform work and flexible employment, issues such as vague legal applicability and unclear definitions of responsibilities are prominent, which significantly increase the risk of labor disputes. Therefore, this paper, in conjunction with China's labor laws and regulations, argues for the necessity of enhancing internal corporate rules and regulations, strengthening the protection of employee rights, and improving communication negotiation mechanisms, with the aim of helping enterprises enhance the efficiency of human resource management, effectively prevent and resolve labor disputes, and build harmonious and stable labor relations.
subject: Artículos
  topic: section
subject: Labor Law, Human Resources, Labor Dispute, Legal Risk
  topic: keywords
creator: Leiyang Sun
rights: Copyright (c) 2025 Leiyang Sun https://creativecommons.org/licenses/by-nc/4.0
date: 2025-11-28
publication date: 2025-11-28
starting page: 107
ending page: 122

Problems from the legal ambiguities of nominee shareholding agreement in China
type: item
description: This research critically examines the legal ambiguities surrounding nominee shareholding agreements in China, a practice increasingly prevalent within the corporate sector yet inadequately regulated under existing statutory frameworks. Relying on doctrinal legal analysis and comparative legal methods, the study identifies significant gaps in the Company Law and Civil Code, judicial inconsistencies in recognising beneficial ownership, and procedural barriers faced by anonymous shareholders. The findings reveal that while Chinese courts generally uphold nominee agreements as valid contracts, their treatment of shareholder qualification remains fragmented and unpredictable. Comparative analysis of the United States, United Kingdom, Germany, and Japan illustrates that balancing private autonomy with beneficial ownership transparency is feasible through targeted legislative reforms. Although China’s recent regulatory developments, including the introduction of beneficial ownership reporting obligations, represent progress, substantial deficiencies persist regarding the codification and protection of beneficial ownership rights. The research concludes that comprehensive legislative reform, harmonised judicial interpretation, and integration of international best practices are essential to enhance corporate governance, promote investment confidence, and align China's corporate regulatory framework with global standards. Addressing the nominee shareholding challenges is vital for achieving greater market stability and regulatory integrity.
subject: Artículos
  topic: section
subject: Nominee Shareholding; Beneficial Ownership; Corporate Governance; Chinese Company Law; Legal Transparency
  topic: keywords
creator: Meng Lin
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-06-04
publication date: 2025-06-04
starting page: 201
ending page: 221

Fund security and legal regulatory paradigm shifts for commercial prepaid cards in the digital payment era
type: item
description: Research explores how changing regulations affect both security measures and customer trust and the market transition of business willingness towards accepting prepaid cards during digital payment adoption. Prepaid cards serve as crucial financial instruments for digital transactions because they address banking service gaps in areas lacking traditional banking facilities. Security concerns arise about prepaid cards because of fraud issues together with data breaches and compliance requirements. The analysis explores the influences of Prepaid Accounts Rule and AMLD5 regulations on security protocols through their impact on fraud identification systems and encryption and identity authentication procedures. The research utilizes document analysis of regulatory documents and academic literature and industry reports to determine the essential regulatory effects on prepaid card security and business operations. Stricter regulations generate better security outcomes for consumers alongside enhanced trust and increased market development yet emerging market businesses face difficulties due to these compliance requirements. This study recommends additional international regulatory coordination because regulations have increased both safety and market expansion.
subject: Artículos
  topic: section
subject: Prepaid Cards; Regulatory Shifts; Consumer Trust; Security Features; Compliance
  topic: keywords
creator: Juping Yu
creator: Siti Suraya Abd Razak
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-05-27
publication date: 2025-05-27
starting page: 184
ending page: 200

Mainstreaming Progressive Law: Toward an Emancipatory Paradigm in Legal Higher Education
type: item
description: This paper addresses the deep-rooted crisis in Indonesian legal higher education by proposing the mainstreaming of Progressive Law as an emancipatory response. Current legal education often reinforces a rigid, positivist framework that distances future legal professionals from the lived realities of marginalized communities. Drawing from the intellectual legacy of Satjipto Rahardjo, the paper calls for a paradigm shift: from legal formalism toward a human-centered, socially engaged, and justice-oriented model of learning. The article introduces “turun ke bawah”—a method of direct engagement with vulnerable groups—as a critical pedagogical approach that bridges theory and praxis. In doing so, it critiques both the Langdellian model and the technocratic orientation of conventional legal instruction, which tends to produce legal technicians rather than legal thinkers. The proposed curriculum reform centers on the institutionalization of a dedicated Progressive Law course that integrates socio-legal methodologies, pluralistic legal traditions, and ethical reflexivity. Ultimately, the paper argues that reforming legal education is not merely a technical or academic endeavor, but a moral imperative to reclaim law as a tool for emancipation, justice, and social transformation in an increasingly complex and plural society.
subject: Artículos
  topic: section
subject: Progressive Legal Education; Legal Emancipation; Satjipto Rahardjo; Socio-Legal Methodology; Curriculum Reform
  topic: keywords
creator: Suteki
creator: Aga Natalis
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-05-27
publication date: 2025-05-27
starting page: 160
ending page: 183

Coastal women’s double burden in mangrove management in Indonesia: a socio-legal perspective
type: item
description: Behind the global push for gender equality are many unresolved issues, especially in the South. Women, especially coastal women managing mangroves, bear a double burden. Feminist theory introduced the term “double burden” in the late 1970s, when more housewives and white women joined the workforce, changing the labour force structure. Feminist theory is used to examine coastal women’s double burden in mangrove maintenance. Qualitative socio-legal research uses interviews, participant observations, and literature reviews. The analysis used discourse analysis. The study found that men and women use mangroves differently based on their socioeconomic status. Men dominate mangrove conservation policies, neglecting women’s roles. This imbalance makes coastal women, who manage natural resources and conduct housework, work more. This gender inequity also marginalises women as “second-class citizens.” Gender stratification increases when nature and culture are viewed as separate, prohibiting women from participating in mangrove conservation decisions. Thus, women’s empowerment is the key to gender equality and mangrove ecosystem sustainability. Empowerment enhances access, involvement, control, and benefit.
subject: Artículos
  topic: section
subject: Socio-legal; Double Burden; Coastal Women; Gender Equality; Women’s Empowerment
  topic: keywords
creator: Ani Purwanti
creator: Dyah Wijaningsih
creator: Muh. Afif Mahfud
creator: Aga Natalis
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-05-27
publication date: 2025-05-27
starting page: 136
ending page: 159

Intangible heritage beyond borders: fostering international cooperation through international law and governance
type: item
description: Taking into consideration the growing role of international cooperation in safeguarding intangible cultural heritage (ICH) under the prism of the UNESCO 2003 Convention for the Safeguarding of Intangible Cultural Heritage, this article aims to critically analyze the ICH beyond borders, focusing on international cooperation dynamics fostered by international law and governance, particularly in the context of ICH multinational nominations for the UNESCO lists. It will focus on the “Mediterranean diet”, which was inscribed on the UNESCO list in 2013 by seven states: Portugal, Spain, Italy, Croatia, Greece, Cyprus, and Morocco. The hypothesis state that multinational nominations are both an outcome and a method of promoting international cooperation through international law and governance, particularly through joint safeguarding measures. The article is methodologically grounded in the fields of international law theory and practice and is divided into three parts: the first part will analyze the main innovations brought about by the Convention; the second part will further analyze the architecture of the international cooperation system designed under the mentioned Convention; and the third part will concentrate on how international cooperation is embedded in joint safeguarding measures provided in the case of the Mediterranean diet.
subject: Artículos
  topic: section
subject: Intangible Cultural Heritage; International Cooperation; International
  topic: keywords
subject: Law and Governance; Mediterranean Diet
  topic: keywords
creator: Thiago Burckhart
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-04-30
publication date: 2025-04-30
starting page: 120
ending page: 135

State responsibility and victim protection: an evaluation of non-judicial measures for human rights violations in Indonesia
type: item
description: This study examines the safeguarding of victims of serious human rights violations in Indonesia, with an emphasis on legal philosophy, policy frameworks, and the challenges encountered in implementation, including non-judicial methods. Indonesia has experienced a variety of significant human rights violations shaped by the dynamics of political violence and social instability. The existing legal framework designed to protect victims, including the Human Rights Court and the National Commission on Human Rights, faces significant challenges in implementation. These challenges arise from inconsistencies between national policies and their execution in the field, overlapping authority among various institutions, and insufficient oversight mechanisms. This research identifies notable challenges in non-judicial resolution, particularly the limitations faced by the non-judicial resolution team created under Presidential Decree No. 17 of 2022 in delivering effective redress for victims. Additional concerns encompass the collection of inaccurate data, disparities in the distribution of assistance, and insufficient coordination between governmental bodies and civil society organizations. The study suggests a distinct delineation between executive and oversight entities and advocates for more structured data gathering. It emphasizes the importance of civil society in the monitoring and execution of policies. A coordinated and equitable strategy that emphasizes restorative justice and enhances non-judicial mechanisms is essential for improving the protection of victims.
subject: Artículos
  topic: section
subject: Victim Protection; Human Rights Violations; Legal Policy; Non-Judicial; Restorative Justice
  topic: keywords
creator: Elfia Farida
creator: Rahayu
creator: Muh. Afif Mahfud
creator: Kadek Cahya Susila Wibawa
creator: Najla Athisya Ilmy
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-04-30
publication date: 2025-04-30
starting page: 85
ending page: 119

Tradición y modernidad: mediación en el derecho romano y mediación popular en China
type: item
description: Mediation constitutes an alternative dispute resolution mechanism aimed at achieving consensual agreements between the parties involved, through the intervention of an impartial third party, known as the mediator. This procedure, which is voluntary and confidential in nature, fosters constructive dialogue and collaboration among participants, with the goal of reaching mutually satisfactory solutions. Although it is widely promoted in contemporary contexts, its origins trace back to Ancient Rome, where the figure of the consilium domesticum was employed to resolve family disputes. In today’s legal framework, mediation has gained increasing relevance due to its multiple advantages, including procedural efficiency, cost reduction, and the alleviation of court burdens. Particularly illustrative is the case of the People's Republic of China, where mediation has been institutionalized as a fundamental pillar of the community justice system. Through popular mediation committees, citizens are actively involved in the resolution of interpersonal conflicts, thereby strengthening a culture of peace and social cohesion. In sum, mediation emerges as an effective and humanized alternative to the traditional judicial resolution of conflicts.
subject: Artículos
  topic: section
subject: Mediation; Mediator; Conflict; Popular Mediation, consilium domesticum
  topic: keywords
creator: María Elisabet Barreiro Morales
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-04-30
publication date: 2025-04-30
starting page: 69
ending page: 84

The Use of Child Soldiers in Armed Conflicts: Violations of United Nations Convention on Rights of a Child (UNCRC) in Somalia
type: item
description: Recruitment of children in armed rebellion groups is a major international human rights issue in Somalia. There are multiple factors that play a role as far as the recruitment of children in armed groups is concerned. Different rebel groups including Hizb ul Islam and Al-Shabab have been active in the country and violate laws associated with the United Nations Convention on the Rights of Child (CRC). They are recruiting children for the purpose of suicide bombings and other terrorist activities. The objective of this research is to find out the factors behind children joining these armed groups in Somalia. Its other objective is to know the role of armed groups in recruiting children into their militias and finally to assess how the international child’s rights convention is violated as a result of such activities of the armed groups. Methodology: To achieve the research objectives, a case study approach under the qualitative method is used. Findings: The findings of the research show that Al-Shabab has been recruiting children in their ranks by using various techniques such as propaganda and brainwashing by violating the international child’s rights convention and child’s rights law in Somalia. Moreover, the findings also show that different factors including local, political, intrinsic, religious and lack of udicial enforcement and legal accountability play a role in compelling children in joining armed groups in the country. Conclusion: The research suggests that there needs a structural reform in the political and judicial system of Somalia that will be helpful to disallow any group to recruit children in their ranks and severe punishment is suggested to stop such crimes in the future.
subject: Artículos
  topic: section
subject: Armed Organizations in Somalia; Children Recruited in Armed Rebellion; International Child's Rights Convention; Violation of the Child's Rights Law
  topic: keywords
creator: Mumtaz Ali
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-04-25
publication date: 2025-04-25
starting page: 58
ending page: 68

Modernising Ukraine’s enforcement system: Insights from European practices
type: item
description: The execution of judicial judgements is an indispensable element of the rule of law that guarantees proper implementation of court decisions. In this regard, the article aims to assess the effectiveness of enforcement mechanisms in Ukraine regarding its compliance with European norms. The study uses a multidisciplinary approach, combining a comparative legal analysis, dialectical and hermeneutic methods. As a result, it can be claimed that mixed and privatised enforcement systems are more effective, according to a comparative study of enforcement methods in Estonia, Lithuania, Germany, and the UK. The research also identifies institutional and legal obstacles to efficient enforcement in Ukraine, such as the ineffective bureaucracy of state enforcement agencies and the restricted authority of private enforcement personnel. Moreover, it is established that the effectiveness of court enforcement should be improved by restructuring Ukraine's enforcement system by enhancing the role of private enforcement agencies, increasing regulatory control, and adopting best practices from EU practice.
subject: Artículos
  topic: section
subject: Court Judgments; Enforcement Procedure; Private Enforcement; Rule of Law; Judiciary; Legal Reform
  topic: keywords
creator: Nataliia A. Sergiienko
creator: Solomiia B. Tsebenko
creator: Maryna I. Saienko
creator: Olena V. Dragan
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-04-25
publication date: 2025-04-25
starting page: 46
ending page: 57

Atualidade da teoria da ação comunicativa: Justiça e consenso na resolução adequada de litígios
type: item
description: In a world focused on gain and success, talking about consensus may seem illogical. However, humanity only developed communication, understanding and language. The aim of this article is to analyze the development of the branch of human knowledge called philosophy of language and its arrival in the theory of communicative action proposed by Jürgen Habermas, also analyzing its influence in the field of dispute resolution and the role of social pacification.
subject: Artículos
  topic: section
subject: Act Communicative; Consensus; Philosophy of Language; Habermas; Conflict Resolution
  topic: keywords
creator: Eliezer Siqueira de Sousa Júnior
creator: Henrique Ribeiro Cardoso
creator: Ilton Garcia da Costa
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-04-25
publication date: 2025-04-25
starting page: 36
ending page: 45

Tributação do uso do "streaming": breves ilações em face da inovação trazida pela EC n. 132/23 e LC 214/25
type: item
description: The use of “streaming”, according to the current position of the Supreme Court, is a “service” taxable by Municipalities and the Federal District, through the ISS. Despite the freshness of the young Citizen Constitution of 1988, numerous amendments have been approved with the aim of reformulating its original conception. The most recent of these allows the Union to tax operations that have as their object goods and services (EC 132/23), on the basis of which, through LC 214/25, IBS and CBS were established, whose taxable events include operations with material or immaterial goods, including rights, or with services, and, consequently, those whose object is the use of “streaming”. Considering that the last word regarding the constitutionality of laws will continue to depend on the interpretative line to be adopted by the Judiciary, this study, based on doctrinal lessons that, from a legal perspective, revere our Democratic Rule of Law and the (over)principle of legal certainty, makes brief considerations about the aforementioned legislative innovation.
subject: Artículos
  topic: section
subject: Streaming; “Power” to Tax; Constitutional Limits; Legal Security
  topic: keywords
creator: Valéria Furlan
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-04-21
publication date: 2025-04-21
starting page: 17
ending page: 35

Limits of human rights restrictions in criminal proceedings under martial law in Ukraine
type: item
description: This article studies the impact of martial law on human rights and freedoms in criminal trials in Ukraine, focusing on the balance between national security and individual rights. The establishment of martial law in 2022 stipulated significant amendments to the Criminal Procedure Code of Ukraine, altering pre-trial investigations, detention procedures, and judicial oversight. These changes, including restrictions on defence rights, extended detention periods, and increased prosecutorial powers, raise concerns regarding their compatibility with constitutional principles and human rights standards. Using a comparative legal methodology, the authors analyse Ukrainian legislation alongside international legal frameworks and case law from the ECtHR. The article highlights discrepancies between the newly implemented restrictions and the principles of legality, proportionality, and necessity in a democratic society. While some measures are justified for maintaining public order, others risk undermining fundamental rights, particularly due to the lack of judicial oversight and the potential for abuse. The findings indicate that while emergency legal regimes require temporary limitations on rights, democratic societies must ensure such measures remain transparent, proportionate, and subject to judicial review. The study concludes that Ukraine must introduce stronger safeguards against the misuse of emergency powers, ensure compliance with constitutional and international norms, and establish mechanisms for effective legal recourse. Strengthening judicial oversight and maintaining the rule of law is essential to prevent arbitrary restrictions and uphold human dignity.
subject: Artículos
  topic: section
subject: Human Rights and Freedoms, Martial Law, Private Life, Detention, Limitations of Rights and Freedoms, Balance of Interests, Armed Conflict
  topic: keywords
creator: Oleksandr Babikov
creator: Oleksandr Omelchenko
creator: Ihor Fedorenko
creator: Dariia Hurina
creator: Olena Babikova
rights: Copyright (c) 2025 https://creativecommons.org/licenses/by-nc/4.0
date: 2025-04-18
publication date: 2025-04-18
starting page: 1
ending page: 16

Radicalization, polarization and post-truth Challenges and uncertainties for the rule of law
type: item
description: This article aims to show the consequences of the use of political marketing 3.0 by political parties and leaders in the Rule of Law. All of this is the result of various investigations that analyze different phases of political marketing 3.0. In this case, we would be talking about the fourth phase of the project, which sought to demonstrate that 21st century politics represents a significant challenge to the current Rule of Law, thus compromising objective 16 of the 2030 Agenda, which advocates "Peace, justice and strong institutions." Polarization, populism and post-truth fuel doubts about public institutions, benefiting the "extremes" in the midst of chaos. In addition, it is observed how these political marketing strategies intensify citizen distrust and erode the legitimacy of democratic institutions, creating an environment conducive to manipulation and social control.
subject: Artículos
  topic: section
subject: Democracy, rule of law, polarization, politics, post-truth, radicalization
  topic: keywords
creator: Daniel Sansó-Rubert Pascual
creator: Raquel Rebeca Cordero Verdugo
creator: Antonio Silva Esquinas
creator: Jorge R. Pérez Suárez
rights: Copyright (c) 2024 Daniel Sansó-Rubert Pascual https://creativecommons.org/licenses/by-nc/4.0
date: 2024-12-19
publication date: 2024-12-19
starting page: 262
ending page: 284

Fake news and its consequences: Fake news and its consequences: protecting democracy in times of misinformation
type: item
description: The advancement of technology and the internet generated a revolution that shortened distances, intensified communication and facilitated access to knowledge. It is undeniable that these advances have brought significant benefits to the globalized world, such as the possibility of instant communication and other advantages. However, this article seeks to analyze how fake news can be used as a new instrument to destabilize democracy in Latin America. It is assumed that fake news represents a new threat to democracy, as it spreads misinformation among the population, affecting the full exercise of political rights and compromising the holding of free and fair elections. The research methodology is based on the hypothetical deductive method.
subject: Artículos
  topic: section
subject: social media; fake news; democracy; misinformation; democratic protection.
  topic: keywords
creator: Larissa de Castro Coelho
creator: Maria Julia Pompolo Habib
creator: Luiz Eugenio Scarpino Junior
rights: Copyright (c) 2024 Larissa de Castro Coelho, Maria Julia Pompolo Habib, Luiz Eugenio Scarpino Junior https://creativecommons.org/licenses/by-nc/4.0
date: 2024-12-19
publication date: 2024-12-19
starting page: 246
ending page: 261