Tag: <span>En</span>

Tag: En

专业日志 itemprop="discussionURL"1

百度法律搜索搜不到不利于百度的案件判决书

BaiDu offered its Legal search Engine recently. I just get this news from China Law Prof Blog since I seldom use Baidu.com.

As I have estimated before trying it, Baidu keeps on artificially controlling the searching results. From Baidu’s legal search engine, one can not get case materials in which Baidu involved and lost, though these cases can be found in baidu’s normal webpage searching results. For instance, a famous case on MP3 downloading issues, in which Baidu was sued by a ShangHai company, dose not exist in Baidu’s legal data base. In another cross action between Baidu and 3-7-2-1 (another Chinese Internet service provider), Baidu’s law engine only records a judgment in favor to Baidu, whilist another judement in favor to 3-7-2-1 is disappeared.

　　因为基本不用百度，所以直到今天才从China Law Prof Blog上看见百度建立“法律搜索”站的消息。这个站显然与北大法律信息网有关。

　　但是，在百度上，无法搜到不利于百度的案件判决书。例如，在百度法律搜索中，搜索“上海步升音乐文化传播有限公司”，可以发现该公司为当事人的多个案件，却惟独没有其起诉百度的那个著名案子；再如，如果直接搜索百度公司名称“百度在线网络技术 有限公司”，则只能搜到百度起诉北京三七二一科技有限公司的案子，而几乎同时发生的“三七二一公司诉百度网讯科技有限公司”案则不见踪影。不过，在百度网页搜索中，这些案件都还能搜得到。

专业日志

Some Useful Links on China Internet Governance

Internet Governance in China is an aspect of my research topics. The following is a list of some useful publicated materials on the topic. I believe this collection is very copyrightable even it is just a rough version. This list is also contributed by Dr. Zhao Yun, so please at least mention our name (Zhao Yun and Dong Hao) and the URL of this site (www.blawgdog.com) after you use it.
 
Click HERE to see the details.
寻闲 itemprop="discussionURL"1

Admirable Guys

Have lunch with two friends from HK. Both are more than 40. One just complete his Graduate Ceremony in PKU, another come Beijing to begin his Doctoral study. Living in cheap share room, having lunch in dirty restaurant, they make no difference to young mainland students except their accents.

Preparing for the bar examination, The PhD student is a very endeavor man who obtained various diplomas. The new graduate interested in the history and military stories. The Dao of tea seems be illuminated suddenly when he took the teapot and cups out and prepared the famous DaHongPao (a kind of tea) for me in their cheap room.

Admirable guys.

专业日志

From Pass By Bar to Dr. Xu

Speaking Chinglish, maybe Yunglish (Yunnan English), I sit in the famous Pass By Bar together with a friend.

"Keep fighting to the notion that no money and no time can be the cause of non-traveling." The owner of the Pass By Bar has been to Tibet twice by bicycle. But in his bar, both the atmosphere and the price are not cheap. 171 RMB for two persons, one is a dieter. Business is always business.

Dr. Xu is a famous People’s Representative in Haidian District. Together with Dr. Teng Biao and other respectable lawyers, Dr. Xu involved in the case of Chen Guangcheng. Dr. Xu’s blog tells us more experiences of lawyers who are fighting for the Rule of Law in China, even it seems an impossible mission. Ideal may always be an ideal.

资料库

IGP launches Chinese website

The Internet Governance Project announced today that its website is now available in  Chinese. "We view it essential that one of the world’s largest Internet user community  have access to the global debate on Internet governance," said IGP Operations Director  Brenden Kuerbis. "In anticipation of the upcoming Internet Governance Forum, all  individuals, the private sector and governments must have access to objective analysis of  issues of freedom of expression, content filtering, and competition policy surrounding  critical network resources."  While only providing limited translation at this point, IGP  plans to publish translations of key papers prior to the Forum.

http://internetgovernance.org/cn_index.html

专业日志

Who Controls the Internet?

In their new book "Who Controls the Internet", Jack Goldsmith and Tim Wu make a compelling case that the optimistic hope that the internet would erase national boundaries has been replaced by a reality of local control leveraged through governmental pressure on intermediaries, at least in the case of large multinational companies. (Cited from PingSwept)

Are we really in "the beginning of a technological version of the cold war?" (p. 184) I don’t think it is absolutely correct since the conception of cold war is under some objective  threatens which may be illustrated superficially with the term of "nuclear terrors". The only analogy may be the seperated world by censorships of governments and/or giant multinational enterprises. Talking the issues of freedom of expression and freedom of religion, the gap may be huge, however, I think, only if the Matrix of Internet really be crushed down by the different domain systems, those censorships may never really filter all since the intellgences and ideas are not merely emerged from the western/eastern world. Further, while we are talking about the protection of private rights, say, copyright, personal privacy and commercial secret, the cold war may be substituted by the hot love scene between west and east … not only because the hegemony of someone, but also because the inherent needs of developing their own cultures.

So, as Ethan Leib said, the book may be a "popular" and "entertaining" one, though I still need to evaluate the same after reading it through.

Besides, Milton Mueller (The author of the wellknown Ruling the Root) think it is a "manifesto for counterrevolution", and John Mathiason suggested it is an "Episode II".

专业日志

A Framework for Locating and Analyzing Hate Groups

Topic: A Framework for Locating and Analyzing Hate Groups (Click to read the full text)

By: Michael Chau, Jennifer Xu

Abstract:
As blogs have become one of the fastest growing types of Web-based media, bloggers can express their opinions and emotions more freely and easily than before. In the blogspace, many communities have emerged, which include racists and hate groups that are trying to share their ideology, express their views, or recruit new group members. It is important to analyze these cyber communities, defined based on group membership and subscription linkages, in order to monitor for activities that are potentially harmful to society. While Web mining and network analysis techniques have been widely used to analyze the content and structure of the Web sites of hate groups on the Internet, these techniques have not been applied to the study of hate groups in blogs. In this research, we propose a framework to address this problem. The framework consists of four modules, namely blog spider, information extraction, network analysis, and visualization. We applied this framework to identify and analyze a selected set of 28 anti-Blacks hate groups (820 bloggers) on Xanga, one of the most popular blog hosting sites. Our analysis results revealed some interesting demographical and topological characteristics in these groups, and identified at least two large communities on top of the smaller ones. We suggest that the proposed framework can be generalized and applied to blog analysis in other domains.

专业日志

Can't download songs from the US?

A post in a Forum mentioned that BaiDu.com employ different visiting policies to users from China and the U.S.

The essay said that if one visit http://mp3.baidu.com from America, he/she would not get the opportunity to download songs that this "Biggest Chinese Search Engine" have grasped from the Internet. I am not in America so can not testify if it is true.

If it is. I feel sorry to see it since Baidu may be doing evils. Up to 16% of hits to BaiDu.com, according to the essay, are for  musics. The legality of this service was questioned in some cases before, but after BaiDu added some statement in each downloading windows, its counsels thought it is safe to keep on providing MP3 downloading.

专业日志

Fuller's conception of "Customary Law"

"I shall argue that the phenomenon called "customary law" can best be described as a language of interaction. To interact meaningfully, men require a social setteing in which the moves of the participating players will fall generall within some predictable pattern. To engage in effective social behavior, men need the support of intermeshing anticipations that will let them know what their opposite numbers will do, or that will at least enable them to gauge the general scope of the repertory from which responses to their actions will be drawn." (p.173)

Lon L. Fuller, Human Interaction and the Law, In The Rule of Law, edited by Rbert Paul Wolff, Newyork: Simon and Schuster, 1971, pp. 171-217.

学术论文

Revisit the Rule of Law

———————————————
Revisit the Rule of Law:
Concepts in Domestic and International Levels
———————————————- 
 
DONG Hao
July 2006 
 
 
Contents
I. Introduction
II. Rule of Law in Domestic Level
    A. Dicey’s Liberalism Concept
    B. Raz’s Positive Formalism Concept
    C. The Requirements to Rule of Law in Domestic Level
III. Rule of Law in International Level
    A. The Concept of International Rule of Law
    B. The Distinctions between International Rule of Law and Domestic Rule of Law
    C. Argument to the Fashionable Concept of International Rule of Law
    D. Case Study: Rule of Law in China and China in International Rule of Law
IV. Conclusion
 
I. Introduction
The term Rule of Law derives from Aristotle’s dicta, “the rule of law is better than that of any individual.”[1] In English, this term can be compared with various concepts, such as “equality before the law”, “government of law”, “Lex, Rex” and “the supremacy of law”, etc.[2] But the most broad and influential one is the Rule of Law. In German, the equivalent term to “rule of law” is “Rechtsstaat”, which was firstly used by J. W. Placidus in his Literatur der Staatslehre (National Theory).[3]
 
This essay is a brief review of the concept of rule of Law from domestic and international perspectives. To my knowledge, the term “rule of law” and the term “international rule of law” are very distinct from each other. Hence, when we are discussing one of these two terms, we should avoid to be wrongfully influenced by notions originally talking about the other one. By this logic, my argument is that although these two issues are highly relevant, they are not necessarily connected with each other. If we define the international rule of law as a norm of justifying some governments’ arbitrary actions to their people, we are actually discarding the international rule of law. On this basic idea, I briefly discussed the situation of rule of law in China and China in the international rule of law. This case study favored my argument. Nevertheless, this essay still focuses on the definition of rule of law respectively in domestic and international levels.

 

专业日志

It is not as Distinct as It Seems

It is not as Distinct as It Seems:
A Note on the Debates on the Separation of Law and Morals in the Contemporary World
 
 
Contents

I. Introduction
II. Topic One: Is there any Necessary Connection between Law and Morality?
III. Topic Two: Is It Necessary to Enforce the Morality with Law?
IV. It is Not as Distinct as It Seems
V. Revelations for Chinese Jurisprudence
VI. Conclusion

I. Introduction

After the Second World War, the German courts raised many problems that nearly destroyed the domination of so called “positive law” philosophy since Bentham, Austin and Kelson.[1] Executioners and talebearers defended themselves with this reason: they were enforcing the existed Nazi written law, which was the “positive law of Germany”, so what they did were lawful and could not be sentenced. Although this argument did not find it’s legitimacy in the very judgments to Nazis, it has brought a series of debates around the relationship between law and morals throughout the second half of twentieth century, and the endless debates may continue to the twenty fifth century, if the Marx’s communistic world still hangs on the sky at that time.[2]
 
The debates on the separation of law and morality throughout the twentieth century are so complicated that one may not accurately summarize all the discussions in a short essay. Nevertheless, this note will briefly introduce some core debates among scholars. Furthermore, I hope to demonstrate hereby that the differences among those prominent scholars’ arguments on this issue are not as tremendous as it seems, though they did distinguish from each other clearly in many aspects. Finally, from these debates, I am trying to find some revelations that may be applied into the legal research in the context of Chinese jurisprudence.