Suchergebnisse

With the continuous improvement of artificial reproduction technology, in vitro fertilization (IVF) or embryo transfer technology has developed rapidly. At the same time, the proportion of crimes related to surrogacy is also increasing. Surrogacy has different problems in judicial practice, laws and regulations, and theory. Specifically, it can be subdivided into: due to the lack of surrogacy regulation in current laws and regulations, there are related problems centered on surrogacy behavior. On the one hand, it often encounters bottlenecks due to the lack of legal support in judicial practice; On the other hand, at the theoretical level, because surrogacy involves the exclusive rights of life, such as physical rights and reproductive rights, this practical issue is controversial and has mixed opinions, which leads to the fault phenomenon in the application of this issue at the judicial level. Based on this situation, this paper starts from the practical level, enumerates the typical cases involving criminal acts in the process of surrogacy, and regulates them with the existing criminal law norms. Secondly, refine the characteristics and elements of surrogacy behavior in the above-mentioned practical level, think about this phenomenon, and redefine the concept of surrogacy based on the current social environment. Finally, on the basis of the above concept of surrogacy, return to the level of criminal law, take the dichotomy of surrogacy regulation as the guidance, and take the surrogacy institution as the main body of crime. It jointly explores the way to solve the black industrial chain of surrogacy.

In association with transactions involving businesses, acquisitions and mergers, etc., commercial law stipulates the new measurement of business assets and thus also net business assets. Similarly, financial accounting stipulates the new measurement of assets, liabilities and net assets with an impact on the amount and structure of equity. It is a principal question as to whether the new measurement bases required by both commercial law and financial accounting are in principal identical. Practice convinces us that the concepts provided in legislation (both commercial and accounting) differ in many cases and if a principle of precedence of the legal form over legal nature is applied, problems arise in respect to the main purpose of financial accounting, i.e. achieving a true and fair view. By stipulating the new measurement of business assets, commercial law intends to secure value objectivity of the relations between a company on the one side and its shareholders and statutory body members on the other (or between companies forming economic groups). Financial accounting focuses on new measurement at two levels: objective measurement on recognition – the acquisition of an asset, a group of assets or a business, or objective measurement as at the date of financial statements should the original measurement of the recognition of an asset or a liability would be significantly outdated and not reflective of the actual situation. It is essential that the discrepancies between the perspectives of commercial law and accounting legislation be analysed and removed in order to allow financial accounting to fulfil its basic purpose.

The very concepts of violence, studies of its forms from the criminal law viewpoint may be instrumental in dissociating criminalised violent actions from non-criminalised though having a legal significance or the actions falling outside the area of criminal regulation; furthermore, such studies can help identify the actions that in criminal law should be viewed as socially useful (for instance, the circumstances excluding criminal responsibility). It should be noted that the concept of violence and identification of its expression forms have not only a theoretical value, but also, as has been by this study proven, is applicable in legislation (for instance, for the purpose of criminalising different types of violence), as well as in case law (for instance, when identifying possible violence manifestation options). In the light of the above the present paper focuses on the definition of violence, the possible forms of its manifestation; the authors also looked into the specific forms the coercive criminal acts can acquire in the legislation.

This article introduces the special issue through a review of Francophone and Anglo-Saxon legal anthropology traditions, before situating the law of the outlaw within these and outlining its potential contribution towards the development of a pragmatic approach to law.