Economics, Law and Policy
type: channel
description: Economics, Law and Policy (ELP) is an international open-access journal published by Scholink. The journal is published in both print and online versions. In order to give all researchers equal opportunity to share their ideas, ELP adopts double-blind peer-review. ELP focuses on scholarly research and practical experience of a wide range of research areas within the general field which covers, but is not limited to the following areas: Economic Theory Economic Philosophy Economic Development Law and Economics Legal History and Theory Civil Law International Law Comparative Law Public Law Technology Law Public and Social Policy Education Policy Environmental Policy Monetary Policy Language Policy EU Policy Science and Innovation Policy Foreign Policy --------------------------------------------------------------------------- We welcome scholars and researchers engaged in the related fields to submit their manuscripts to GRHE. Both of online submission and E-mail submission (elp@scholink.org) are acceptable. Open access: Economics, Law and Policy is available online to the reader "without financial, legal, or technical barriers other than those inseparable from gaining access to the internet itself". Peer review: Economics, Law and Policy takes peer review policy. Peer review is the evaluation of work by one or more people of similar competence to the producers of the work (peers). <img src="[binary]" alt="" width="350" height="459" />
publisher: SCHOLINK INC.
language: en-US
publication name: Economics, Law and Policy
issn: 2576-2060
copyright: Authors who publish with this journal must agree to the following terms: Copyrights for articles published in our are retained by the authors. Authors should promise that their works are entirely original, and all the references in their works should be appropriately cited or quoted. The works have not been published previously. The behavior of submitting the same work to other journals is unacceptable. The journal editor has the right to edit the format of works.
items: Research on Legal Pathways for Resolving Local Government Debt Risks in China
items: Legal Regulation of Malicious Trademark Squatting in the Context of the Digital Economy
items: The Dilemma and Perfection of the “Substituted Decision-Making” Mechanism in the Protection of Minors’ Personal Information
items: Rule-of-Law Practice in Northeast China Against the Background of Comprehensive Revitalization
items: Legal Controversies and Institutional Construction of Deep-Sea Mining within the Framework of International Law of the Sea
items: Research on the Application of Academic Autonomy and Judicial Review—Taking the Granting and Revocation of Degrees as Examples
items: Research on the Legal Issue of “Borrowing A Name to Buy A House”
items: Doxing in China: The “Human Flesh Search” Phenomenon and Its Criminal Law Regulation
items: Analysis of the Dilemmas and Development Pathways of China’s Glacier Protection System
items: A Practical Study on the Legislation of the Digital Economy in the Hainan Free Trade Port
items: Research on Determining Liability for Traffic Accidents Involving Autonomous Vehicles
items: A Study on the Determination of Liability Proportions for Property Damage in Ship Collisions
items: Research on the Application of Civil Punitive Damages for Trademark Infringement in China
items: Research on the Legal Positioning and Implementation Mechanism of China’s Carbon Peaking and Carbon Neutrality Goals under the Paris Agreement
items: On the Legal Path for the Unified Regulation of Marine Use Certificates and Aquaculture Certificates for Waters and Tidal Flats
items: A Brief Analysis of the Crime of Purchasing Women and Children Who Have Been Trafficked
items: Exploring Copyright Attribution and Infringement Compensation for Cultural Works Generated by Artificial Intelligence (AI)
items: On the Definition and Scope of Application of the Claim for Restitution of Property after Contract Invalidation
items: Pathways and Countermeasures for Prevention and Control of New Pollutants
items: A Study on the Application of Investors’ Reasonable Expectations in the Fair and Equitable Treatment Clause
items: Research on the Application of the “Daily Penalty” System in Marine Environmental Protection Administrative Penalties: From the Perspective of Illegal Marine Pollution Discharge
items: Legal Application Rules and Improvement of Cross-border Intellectual Property Infringement
items: A Critical Examination of the Digital Services Tax under International Law: A Comparative Study Based on National Systems
items: Research Review on Criminal Law Interpretation Path Dilemma and System Construction of Data Monopoly
items: Normative Structure and Institutional Improvement of Judicial Application of Carbon Sinks in National Parks
items: The Application and Dilemma of Electronic Evidence in Maritime Fraud Cases
items: Research on Death Resulting from Hit-and-Run in Secondary Collisions
items: Sea-Level Rise and the Limits of Rebus Sic Stantibus in Maritime Boundary Treaties
items: Service Provider Liability for Damages Caused by Generative AI Hallucinations
items: Antitrust Regulation of Forced Exclusivity in China’s Food-Delivery Platform Sector: A Case Study of Sherpa’s Abuse of Dominance

Research on Legal Pathways for Resolving Local Government Debt Risks in China
type: item
description: In recent years, China’s local government debt issues have drawn widespread attention. Since 2014, the government has introduced a series of policies to resolve debt problems and prevent systemic risks. When administrative measures alone prove insufficient to address government debt, restructuring local government finances emerges as an effective path to resolve the debt crisis. This paper employs government fiscal data from 2014 to 2023, along with 2023 data compared to the previous year, to empirically examine the actual state of government debt. Findings reveal severe local government debt issues, manifested in: substantial outstanding debt balances; declining fiscal self-sufficiency rates; rising debt-to-revenue ratios; increasing liability ratios; and expanded issuance of local government bonds and urban investment bonds. Subsequently, the paper proposes a phased approach to resolving local government debt. This includes establishing specialized restructuring standards for urban investment companies, developing refined restructuring criteria for local governments, and strengthening the guiding role of the central government. The study provides a new case for international comparative research on the legal resolution of local government debt and offers fresh perspectives for exploring debt restructuring protections for Chinese local governments.
creator: Yingying Wu
rights: Copyright (c) 2026 Yingying Wu http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-07
publication date: 2026-01-07
volume: 9
number: 1
starting page: 1
doi: 10.22158/elp.v9n1p1

Legal Regulation of Malicious Trademark Squatting in the Context of the Digital Economy
type: item
description: The fast rise of the digital economy has deeply altered the intellectual property rights landscape, it’s like a double-edged sword, promoting innovation and also providing a place for bad actors to squat on trademarks. In this paper, it is investigated how trademark squatting behaviors mutated in the digital era as the registration process is cheaper due to the digital era and the value of digital traffic which makes it motivating for “bad faith” actors to pre-emptively reserve names tied to trend, internet slang and digital assets like NFTs and metaverse properties. Unlike previous squatting, it is sporadic and targeted squatting; while digital squatting has high frequency, automation, and cross-border characteristics, making it a new type of intellectual property squatting that has been industrialized. Through a thorough review of existing laws this paper finds regulatory gaps mainly because of the difficulty in identifying “bad faith” and regulating non-traditional digital marks. After reading data from statistical data, case types; it has indicated the flaws of facing such a rapid and speedy paced digital mark through the usage-based or registration-based pre-existing system. In the paper a multidimension regulatory approach is proposed, advocating AI use in trademark examination, dynamic “bad faith” blacklist and modification of “intent to use” requirement to counter digital speculation. The results show that we can only adapt a legal evolution that can protect the trademark system from the disruptive nature of the digital economy so that the law can protect real commerce instead of just commerce by extortion.
creator: Wang Chongsheng
creator: Yang Kaixuan
rights: Copyright (c) 2026 Wang Chongsheng, Yang Kaixuan http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-12
publication date: 2026-01-12
volume: 9
number: 1
starting page: 26
doi: 10.22158/elp.v9n1p26

The Dilemma and Perfection of the “Substituted Decision-Making” Mechanism in the Protection of Minors’ Personal Information
type: item
description: In the context of the digital economy, the protection of minors’ personal information encounters challenges in coordination and implementation, necessitating stronger institutional safeguards. Such information embodies dual interests: the minor’s own personal information rights and the parental guardianship rights. Effective governance requires clear age thresholds and balanced consideration of relevant interests. Central to the legal framework is the guardian consent mechanism, which is based on the “substituted decision-making” model from civil guardianship theory. To address practical gaps, this mechanism should be refined in terms of identity verification, validity of consent, and consent withdrawal. Enhancing these aspects can help resolve key difficulties in protecting minors’ personal data.
creator: Xinyu Liu
rights: Copyright (c) 2026 Xinyu Liu http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-13
publication date: 2026-01-13
volume: 9
number: 1
starting page: 35
doi: 10.22158/elp.v9n1p35

Rule-of-Law Practice in Northeast China Against the Background of Comprehensive Revitalization
type: item
description: To advance the comprehensive revitalization of Northeast China in the new era and on the new journey, it is imperative to implement the strategic blueprint outlined at the 20th National Congress of the Communist Party of China, which calls for achieving new breakthroughs in the region’s holistic rejuvenation. From the perspective of rule-of-law development in the three northeastern provinces and the eastern Inner Mongolia autonomous region, this paper examines the background and essence of rule-of-law thinking, and provides a detailed analysis of the progress made in key areas such as promoting scientific legislation, rigorous law enforcement, impartial justice, and fostering a law-abiding society across the Northeast. By improving legislation in critical and emerging sectors, refining accountability mechanisms for administrative law enforcement personnel to enhance professional standards, and implementing diversified dispute-resolution mechanisms, the region is steadily moving toward an ideal scenario in which everyone abides by the law, legal channels are utilized to resolve issues, and conflicts are settled through legal means. Furthermore, it identifies existing challenges in the current rule-of-law construction process, including the lagging legislative system in some economic and social fields, the insufficient coordination between law enforcement departments, and the need to further enhance the legal awareness of the general public. Based on these analyses, the paper puts forward targeted countermeasures and suggestions, aiming to provide theoretical support and practical guidance for optimizing the rule-of-law environment in Northeast China, thereby creating a solid legal guarantee for the region’s high-quality development and comprehensive revitalization.
creator: Lu Jiawen
rights: Copyright (c) 2026 Lu Jiawen http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-16
publication date: 2026-01-16
volume: 9
number: 1
starting page: 44
doi: 10.22158/elp.v9n1p44

Legal Controversies and Institutional Construction of Deep-Sea Mining within the Framework of International Law of the Sea
type: item
description: Use of minerals in the international seabed area (the “Area”) can be deemed one of the most important frontiers in today’s modern international law by virtue of its own value of minerals from the “Area” and conflicting matter of the fragile eco-system of “Area”. Following the United Nations Convention on the Law of the Sea (UNCLOS), The area and its resource were called “the common heritage of mankind”, it will be necessary to create some kind of a system that is effective, fair and is with a sound premise for protecting environment in future. However, while the International Seabed Authority (ISA) is transitioning from regulating exploration to formulating the Mining Code for exploitation, deep-seated legal controversies have arisen. These disputes revolve around how to implement the precautionary principle, how to distribute the financial benefits of equitably, what the gaps in liability for environmental damage are, and what procedural pressure is caused by the so-called “two-year rule”. This paper analyzes these legal controversies, and explores the conflict between the rights of the sponsors and the environmental obligations of the international community. It criticizes the current draft regulations and suggests the reform of the institutions to enhance the ISA’s ability of independent surveillance and to create a tight financial mechanism. By studying in detail the legal framework and the current situation of negotiations, this study believes that a more scientific bottom line that can be legally compliant and based on the spirit of the United Nations Convention on the Law of the Sea needs to be established. The paper finishes with some very specific institutional constructions that can make sure deep sea mining will be able to add to world’s collective lot, and not just its detriment.
creator: Song Jiaxin
rights: Copyright (c) 2026 Song Jiaxin http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-19
publication date: 2026-01-19
volume: 9
number: 1
starting page: 56
doi: 10.22158/elp.v9n1p56

Research on the Application of Academic Autonomy and Judicial Review—Taking the Granting and Revocation of Degrees as Examples
type: item
description: Based on the analysis of typical academic degree cases such as “Tian Yong v. Beijing University of Posts and Telecommunications,” “Zhang Xiangyang v. Wuhan University,” and “He Xiaoqiang v. Xiamen University,” it is evident that academic autonomy remains one of the contentious issues in the rule of law within higher education institutions. Relying solely on the self-management of academic autonomy within universities to resolve degree-related disputes is insufficient and cannot fundamentally address the conflict between students’ right to education and the autonomy of higher education institutions. Utilizing judicial power to examine procedural deficiencies in degree disputes is crucial for protecting the legitimate rights and interests of students and purifying the academic environment. In practice, academic autonomy and judicial review exhibit a relationship of interdependence, potential conflict, and balanced development. Clarifying their relationship, defining the nature of academic autonomy in judicial review, determining the limits and intensity of judicial review based on the core principles of academic autonomy, and implementing resolution mechanisms that emphasize both procedural and substantive reviews of academic autonomy can help address issues such as unclear factual determinations in judicial practice and insufficient enforcement of judgments.
creator: Chen Jiaxuan
creator: Xing Zheng
rights: Copyright (c) 2026 Chen Jiaxuan, Xing Zheng http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-26
publication date: 2026-01-26
volume: 9
number: 1
starting page: 66
doi: 10.22158/elp.v9n1p66

Research on the Legal Issue of “Borrowing A Name to Buy A House”
type: item
description: With the development of the economy of the times, the phenomenon of buying houses in the real estate market is not uncommon, and its legal risks continue to emerge with policy regulation and debt disputes. This paper analyzes the validity of the borrowed name purchase contract, the ownership of real rights and the review standards of enforcement objections by borrowed names by combining judicial practice and academic disputes, and proposes to construct a judicial adjudication framework for borrowed house purchase disputes by improving the rules of evidence, balancing the publicity of real rights and factual real rights, and strengthening the enforcement objection review procedures, so as to safeguard the security of transactions and the legitimate rights and interests of the parties.
creator: Wang Zhixuan
rights: Copyright (c) 2026 Wang Zhixuan http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-26
publication date: 2026-01-26
volume: 9
number: 1
starting page: 76
doi: 10.22158/elp.v9n1p76

Doxing in China: The “Human Flesh Search” Phenomenon and Its Criminal Law Regulation
type: item
description: Doxing constitutes an important manifestation of online violence, and the assessment of its degree of seriousness is a key issue in the formulation of governance rules. Existing standards based on the quantity of personal information fail to accurately reflect the severity of doxing conduct. From the perspective of the dual-layered legal interest theory, and in light of the mosaic theory, the core problem does not lie in the excessive threshold of quantitative standards, but rather in the fact that a single information-quantity criterion is incapable of capturing the “aggregation effect” among multiple pieces of information and the resulting “structural exposure” of the victim’s identity. Consequently, information quantity cannot function as an appropriate intermediate factor for assessing the infringement of legal interests caused by doxing. Accordingly, the evaluation of legal interest infringement in doxing cases should shift from a purely quantitative approach to a typological analysis, a more operational normative framework for administrative–criminal coordination can be established.
creator: Zehao Chen
rights: Copyright (c) 2026 Zehao Chen http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-30
publication date: 2026-01-30
volume: 9
number: 1
starting page: 84
doi: 10.22158/elp.v9n1p84

Analysis of the Dilemmas and Development Pathways of China’s Glacier Protection System
type: item
description: Announcement of Retraction
creator: Wang Ni
creator: Shan Yan
rights: Copyright (c) 2026 Wang Ni, Shan Yan http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-02-05
publication date: 2026-02-05
volume: 9
number: 1
starting page: 97
doi: 10.22158/elp.v9n1p97

A Practical Study on the Legislation of the Digital Economy in the Hainan Free Trade Port
type: item
description: With the rapid advancement of the digital economy, Hainan Free Trade Port, as a significant pilot area for the country’s in - depth reform and opening - up, is currently at a crucial stage of digital transformation. It is confronted with new development opportunities and challenges. This article takes the relevant legislation on the digital economy in the Hainan Free Trade Port as the research theme, and explores its practical significance and academic value in the current development environment. Through the investigation and analysis of the current development situation of the digital economy in the Hainan Free Trade Port, it is found that the region has achieved certain results in aspects such as data resource integration, digital infrastructure construction, and digital industry planning. This article systematically reviews the theoretical foundation of digital economy legislation, draws on the mature international experiences, and proposes targeted legislative suggestions in light of the development characteristics of the Hainan Free Trade Port. Research shows that constructing a systematic and forward - looking legal framework for the digital economy, improving the mechanisms for data security and personal information protection, enhancing the level of digital governance, and at the same time strengthening policy coordination and innovating regulatory models are important ways to promote the rule - of - law construction in the digital economy. This research aims to provide theoretical support and practical references for the legislation of the digital economy in the Hainan Free Trade Port, thus assisting it in building a demonstration zone for digital economic development with international competitiveness.
creator: Ran Ji
rights: Copyright (c) 2026 Ran Ji http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-02-06
publication date: 2026-02-06
volume: 9
number: 1
starting page: 115
doi: 10.22158/elp.v9n1p115

Research on Determining Liability for Traffic Accidents Involving Autonomous Vehicles
type: item
description: As the commercialization of autonomous driving technology accelerates, related industries are undergoing unprecedented rapid development. Simultaneously, a series of traffic accidents caused by X Automobile’s autonomous driving system have exposed significant shortcomings in the existing traditional legal framework, particularly regarding the identification of liable parties. This issue not only challenges the current legal system but also impacts social governance and ethical concepts. Taking the 2016 fatal accident caused by X Automobile’s autonomous driving system as a representative case, this paper operates at the intersection of technology, law, and society. Employing comparative analysis, empirical research, and socio-legal methodologies, systematically examines the complex theoretical challenges in determining liability for autonomous driving accidents—including product liability, manufacturer obligations, algorithmic transparency, users’ reasonable reliance and duty of care, as well as insurance and compensation mechanisms. It explores potential pathways for institutional innovation to adapt to technological change at two levels: legal philosophy reform and institutional construction. This aims to provide theoretical reference for establishing a safe, fair, and forward-looking legal regulatory framework for autonomous driving.
creator: Yichen Pan
creator: Mengyuan Liu
rights: Copyright (c) 2026 Yichen Pan, Mengyuan Liu http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-02-28
publication date: 2026-02-28
volume: 9
number: 1
starting page: 133
doi: 10.22158/elp.v9n1p133

A Study on the Determination of Liability Proportions for Property Damage in Ship Collisions
type: item
description: In maritime judicial practice, determining the proportion of liability for property damage resulting from vessel collisions remains a critical challenge. Although China’s Maritime Code establishes the fundamental principle of “liability proportionate to the degree of fault,” it lacks operational quantitative standards and a scientific fault classification system. This deficiency leads to significant variations in judicial rulings for similar cases, undermining the uniformity and fairness of legal application. This paper examines the determination of liability ratios for property damage resulting from vessel collisions, aiming to explore the theoretical foundations and practical approaches for liability apportionment and provide insights for refining China’s relevant regulations. The study first traces the evolution of the concept of vessel collision, clarifying the rationale for China’s legislation to include indirect collisions within its scope of regulation. Second, it delves into two core issues in China’s liability proportion determination while examining extraterritorial practices in shipping-developed nations like the UK and the US, offering valuable insights for institutional refinement. Building on this analysis, the paper proposes three improvement recommendations: establishing quantitative reference standards for negligence, adhering to objective negligence assessment criteria, and adopting a navigation-stage analysis approach for adjudication.
creator: Yingchun Wu
rights: Copyright (c) 2026 Yingchun Wu http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-02-28
publication date: 2026-02-28
volume: 9
number: 1
starting page: 141
doi: 10.22158/elp.v9n1p141

Research on the Application of Civil Punitive Damages for Trademark Infringement in China
type: item
description: Civil punitive damages is a new system introduced into China’s trademark legislation, aiming to increase the cost of infringement and illegal acts and exert the deterrent effect of judicial punishment. However, the current system faces problems such as ambiguous application requirements and inconsistent calculation standards in judicial practice, leading to frequent occurrences of “different judgments for the same case”. This study, through theoretical analysis and judicial practice investigation, systematically reviews the application status and difficulties of civil punitive damages for trademark infringement, and innovatively introduces the “dynamic system theory” as a reference method for determining the amount of compensation. The research finds that clarifying the standards for determining “malice” and “serious circumstances” and standardizing the calculation method of the compensation base are the keys to activating this system. This paper provides theoretical support and practical paths for improving the judicial application of civil punitive damages for trademark infringement in China.
creator: Xiaoying Fu
rights: Copyright (c) 2026 Xiaoying Fu http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-03-05
publication date: 2026-03-05
volume: 9
number: 1
starting page: 156
doi: 10.22158/elp.v9n1p156

Research on the Legal Positioning and Implementation Mechanism of China’s Carbon Peaking and Carbon Neutrality Goals under the Paris Agreement
type: item
description: The proposal of China’s “dual carbon” goals holds dual international legal implications within the framework of the Paris Agreement: it constitutes both a treaty-based performance of obligations and a unilateral legal act under international law. The Paris Agreement establishes a compliance mechanism centered on nationally determined contributions (NDCs), supplemented by a transparency framework and global stocktake. Its legal characteristics are facilitative, non-confrontational, and procedural. Within this institutional structure, the “dual carbon” goals, as China’s NDC commitments, are subject to international review through the enhanced transparency framework and participate in collective effort assessment under the global stocktake mechanism. From the perspective of international treaty law, this paper analyzes the international legal positioning of the “dual carbon” goals, elucidates the legal structure of the Paris Agreement’s compliance mechanism, and explores China’s legal pathways for implementation, including the fulfillment of transparency obligations, participation mechanisms in the compliance committee, and the synergy between domestic and international law. The study argues that China should uphold the jurisprudential foundation of the principle of “common but differentiated responsibilities” and construct an integrated domestic and international compliance legal system by “internalizing” international rules into domestic legislation and “externalizing” domestic rule-of-law practices into the creation of international rules.
creator: Wenhui Gao
rights: Copyright (c) 2026 Wenhui Gao http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-03-05
publication date: 2026-03-05
volume: 9
number: 1
starting page: 164
doi: 10.22158/elp.v9n1p164

On the Legal Path for the Unified Regulation of Marine Use Certificates and Aquaculture Certificates for Waters and Tidal Flats
type: item
description: With the continuous and rapid development of China’s marine economy, aquaculture activities in the sea are becoming increasingly frequent. As two core legal certificates, the Sea Area Use Certificate and the Aquaculture Use Right Certificate play a crucial role in the management of marine resources. However, the current management model of the two certificates being separate has gradually exposed a series of problems, such as ambiguous rights nature, overlapping approval procedures, and high administrative costs. This paper systematically reviews the legal sources and practical status of the two certificates, and on this basis, proposes legal paths such as legislative integration to clarify the nature of rights, optimizing the approval process and promoting simultaneous issuance of certificates, and building a departmental collaboration and information sharing platform, to promote the integration of the two certificates from procedural coordination to substantive unification, providing legal support and institutional design references for optimizing the marine governance system and promoting the high-quality development of the blue economy.
creator: Huiqun Geng
rights: Copyright (c) 2026 Huiqun Geng http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-03-05
publication date: 2026-03-05
volume: 9
number: 1
starting page: 172
doi: 10.22158/elp.v9n1p172

A Brief Analysis of the Crime of Purchasing Women and Children Who Have Been Trafficked
type: item
description: Since ancient times, there have been criminal activities of trafficking in women and children in our country. Due to the high incidence of such crimes, many families have been broken up, and wives, children, and the elderly have been torn apart. At the same time, it has also had a significant impact on the stability of society and the country. However, the emergence of the crime of trafficking in women and children has led to an increasingly rampant occurrence of the crime of purchasing trafficked women and children. To protect the legitimate rights and interests of women and children, the Criminal Law of our country imposes severe penalties on the crime of purchasing women and children.
creator: Chunzhi Zhang
rights: Copyright (c) 2026 Chunzhi Zhang http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-03-05
publication date: 2026-03-05
volume: 9
number: 1
starting page: 185
doi: 10.22158/elp.v9n1p185

Exploring Copyright Attribution and Infringement Compensation for Cultural Works Generated by Artificial Intelligence (AI)
type: item
description: With the widespread application of artificial intelligence across various industries, the issue of copyright attribution for AI-generated works has become increasingly prominent. While AI itself lacks legal personhood, the works it creates can generate corresponding benefits, making the allocation of copyright attribution an urgent challenge to resolve. The justification for protecting AI-generated works lies in the fact that such creations are based on human-programmed instructions and algorithms. Both the developers and users of AI systems deserve respect and protection. AI-generated works are products of human subjective consciousness and function as tools to assist humanity. Although AI lacks autonomous creative capacity, the works it produces hold value—including emotional, economic, and literary value. AI-generated works share similarities and differences with human-created works in terms of copyright. AI creations can reflect the personalities of developers and users and are protected under copyright law. However, AI cannot attain legal protection equivalent to that of humans, as its creative process remains confined to collecting information and synthesizing new works based on human demands. Nevertheless, AI creation provides humanity with additional avenues and methods to express inner thoughts and feelings, thereby enriching cultural prosperity. Establishing copyright ownership for AI-generated works requires corresponding protective measures. Both the user and creator (developer) should jointly bear or determine the copyright ownership of AI works. Simultaneously, the types of protected AI creations—including literary, artistic, and scientific works—must be clarified, with case-by-case analysis based on the characteristics of the creative process and outcomes. To strengthen copyright protection for AI-generated works, it is recommended to clarify their legal status, establish a copyright registration system, enhance international cooperation and exchange,…
creator: Yu Zheng
rights: Copyright (c) 2026 Yu Zheng http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-03-05
publication date: 2026-03-05
volume: 9
number: 1
starting page: 194
doi: 10.22158/elp.v9n1p194

On the Definition and Scope of Application of the Claim for Restitution of Property after Contract Invalidation
type: item
description: The claim for restitution of property under the system of property recovery after contract invalidation is a crucial component of the remedial framework for defects in the validity of civil juristic acts. However, it faces challenges. This study begins with Article 157 of the Civil Code, we subdivide right to claim for property return belongs to the right of real claim or the right to claim for restitution of unjust enrichment. The ternary structure of property acquisition will be established as the rule system for restitution, and possessory interests will be distinguished, and differentiated restitution rules will be adopted. Furthermore, the principle of specificity of the object should be adhered to in the return of subrogated items, strictly limiting the boundaries of return in transformed forms. The restitution of benefits shall be confined to those actual receipt, and objective value standards shall be applied to calculate fees for capital occupation and use of the subject matter. The claim for restitution of property should also be separated from the right to claim for damages, and a dynamic interpretive approach should be adopted to balance the value conflicts between restoration to the original state and equitable compensation.
creator: Kexue Zhao
creator: Xinyan Liu
rights: Copyright (c) 2026 Kexue Zhao, Xinyan Liu http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-03-12
publication date: 2026-03-12
volume: 9
number: 1
starting page: 204
doi: 10.22158/elp.v9n1p204

Pathways and Countermeasures for Prevention and Control of New Pollutants
type: item
description: In recent years, the harmfulness of new pollutants has attracted increasing attention from all sectors of society. In May 2022, the Ministry of Ecology and Environment issued the “Action Plan for the Control of New Pollutants”, which takes precise pollution control, scientific pollution control, and lawful pollution control as the working principles. By 2025, complete the screening of chemical substance environmental risk assessment, dynamically release the list of key controlled new pollutants, and gradually establish and improve the regulatory system and management mechanism for toxic and harmful chemical substance environmental risk management. However, in the existing legislative system for chemical management, China mainly focuses on safety production and control of conventional pollutants, while the management of emerging pollutants appears relatively weak, lacking sufficient attention and effective governance measures. This legislative situation to some extent limits the effective promotion of the treatment of new pollutants. This article aims to establish the legislative value of “new pollutant control” from a legal perspective, explore its underlying connotations, and explain the necessity of establishing a legal system for new pollutant control. Based on existing laws, administrative regulations, and local government rules, analyze the situation of “new pollutant treatment” and obtain the application of governance laws in different regions. Based on other countries and regions’ legal documents on “new pollutant control”, summarize the reasons for the current confusion in “new pollutant control”, and connect it with the reasons for environmental tort liability attribution in the Civil Code, in order to establish a complete legal system for “new pollutant control”.
creator: Xutong Liu
rights: Copyright (c) 2026 Xutong Liu http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-03-17
publication date: 2026-03-17
volume: 9
number: 1
starting page: 220
doi: 10.22158/elp.v9n1p220

A Study on the Application of Investors’ Reasonable Expectations in the Fair and Equitable Treatment Clause
type: item
description: The fair and equitable treatment clause is a core provision of modern international investment agreements. As the central criterion for the interpretation and application of this clause, the concept of an investor’s legitimate expectations originates from the principle of protection of legitimate expectations in domestic administrative law and has evolved through arbitration practice into a key basis for determining whether a host state has breached its obligations. Due to the absence of clear and uniform rules for its determination, its application faces challenges such as inconsistent standards, excessive expansion of scope, and an imbalance between the interests of investors and host states, thereby encroaching upon the host state’s regulatory sovereignty. This paper examines the underlying theories and logical connections between the two concepts. Addressing the practical challenges, it proposes pathways including the clarification of constituent elements, the delineation of boundaries for application, the standardisation of interpretative methods, and China’s response strategies. These aim to provide support for balancing investor rights with the host state’s regulatory authority, contribute to the improvement of the international investment legal framework, and align with China’s requirements for the development of its foreign-related legal system.
creator: Yue Meng
creator: Yujie Chen
creator: Xiaochen Liu
rights: Copyright (c) 2026 Yue Meng, Yujie Chen, Xiaochen Liu http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-03-18
publication date: 2026-03-18
volume: 9
number: 1
starting page: 237
doi: 10.22158/elp.v9n1p237

Research on the Application of the “Daily Penalty” System in Marine Environmental Protection Administrative Penalties: From the Perspective of Illegal Marine Pollution Discharge
type: item
description: The revision of the Marine Environment Protection Law in 2016 introduced the “daily penalty” system, providing a powerful legal weapon against illegal marine pollution discharge. However, the unique characteristics of the maritime law enforcement environment present numerous difficulties in its application: ambiguous criteria for determining “refusal to rectify,” difficulty in ascertaining the starting point for calculating the continuous violation period, and challenges in preserving evidence under special circumstances. This paper reviews the institutional evolution and normative structure of the “daily penalty” system, focuses on the characteristics of illegal marine pollution discharge, and explores the subjective and objective criteria for determining “refusal to rectify,” the rules for establishing the starting point of a continuous violation, and special evidence collection mechanisms under adverse weather conditions and risks of evidence destruction. Based on this analysis, it proposes institutional recommendations to improve the application of the “daily penalty” in marine environmental protection, aiming to promote its standardized operation in maritime law enforcement practice.
creator: Yujie Chen
creator: Yue Meng
creator: Mengyuan Liu
creator: Zhaobin Pei
rights: Copyright (c) 2026 Yujie Chen, Yue Meng, Mengyuan Liu, Zhaobin Pei http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-03-18
publication date: 2026-03-18
volume: 9
number: 1
starting page: 248
doi: 10.22158/elp.v9n1p248

Legal Application Rules and Improvement of Cross-border Intellectual Property Infringement
type: item
description: With the deepening of globalization, cross-border intellectual property infringement acts occur frequently, and the demand for resolving such disputes is rising steadily. Article 50 of the Law of the People’s Republic of China on the Application of Laws to Foreign-related Civil Relations provides a normative path for the legal application in such cases. However, this provision has gaps in the jurisprudential interpretation of the “place where protection is claimed” and the introduced principle of party autonomy. In judicial practice, there are cases where Chinese law is directly applied without invoking conflict rules, and even the concept of “the law of the place where protection is claimed” is confused with “the lex fori”, “the lex loci delicti” and other concepts. The determination of the “place where protection is claimed” needs further standardization and clarification. Meanwhile, judges should correctly understand and apply conflict rules in the trial process, and select the applicable law in combination with specific case facts, so as to effectively protect the legitimate rights and interests of the parties.
creator: Xinyu Yu
rights: Copyright (c) 2026 Xinyu Yu http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-03-20
publication date: 2026-03-20
volume: 9
number: 1
starting page: 260
doi: 10.22158/elp.v9n1p260

A Critical Examination of the Digital Services Tax under International Law: A Comparative Study Based on National Systems
type: item
description: The globalization of the digital economy has had a great impact on traditional international tax rules. Cross-border digital services have the characteristics of virtualization and no boundaries, which makes the traditional systems such as the principle of permanent institutions and the determination of the place of origin cannot be applied normally. Many countries unilaterally implement the Digital Services Tax (DST), which has led to problems such as jurisdictional conflicts, double taxation and trade friction; and the coordination progress at the international level is relatively lagging behind. From the perspective of international law, this article uses common methods such as literature research, comparative analysis and normative analysis to systematically study the legislation of digital service tax in the European Union, the United States, India, the United Kingdom and other typical regions. We distilled the commonalities and differences of these regional systems, and analyzed the reasons for the differences from the four aspects of digital economic development level, tax sovereignty game, legal tradition and international discourse. At the same time, we also revealed the legal conflict between the digital service tax and the current tax agreement, the principle of tax fairness and the principle of national sovereignty. On the basis of sorting out existing coordination practices such as the OECD “two-pillar” program, regional coordination and bilateral agreements, we have built a coordination path at the international law level with tax sovereignty equality, international tax fairness and tax neutrality as the guidance. Finally, in combination with the current situation of China’s digital economic development and tax system, specific suggestions for the construction of China’s digital service tax system, rule connection and international participation are put forward to provide theoretical support and practical solutions for improving China’s digital tax rul…
creator: Mengdi Zhao
rights: Copyright (c) 2026 Mengdi Zhao http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-03-30
publication date: 2026-03-30
volume: 9
number: 1
starting page: 275
doi: 10.22158/elp.v9n1p275

Research Review on Criminal Law Interpretation Path Dilemma and System Construction of Data Monopoly
type: item
description: The review takes “The Criminal Law Interpretation Path Dilemma and System Construction of Data Monopoly” as the research topic, and sorts out the challenges brought by platform data monopoly to traditional criminal law regulation in the context of the digital economy. The aim of the study is to clarify how criminal law should interpret and apply existing norms to deal with the risk of data monopoly. Through various analytical approaches, this review summarizes the current research status at home and abroad in terms of the definition of data monopoly, the theoretical basis of criminal law protection, and the choice of interpretation paths. The results show that the current research has significant difficulties in areas such as the boundaries of penalability, the tendency of “pocketing” of computer system crimes, and the mechanism of connection between criminal law and punishment, and the criminal law interpretation system is characterized by fragmentation. The review suggests that in the future, a criminal law regulation system centered on the “three rights separation of data” theory and linked to the anti-monopoly law should be constructed to provide a systematic solution for achieving the balance between data security and circulation value by clarifying the differentiated protection paths of data resource ownership rights, processing and usage rights, and product operation rights.
creator: Xiang Wang
creator: Longchang Geng
creator: Mingfang Wang
rights: Copyright (c) 2026 Xiang Wang, Longchang Geng, Mingfang Wang http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-04-08
publication date: 2026-04-08
volume: 9
number: 1
starting page: 287
doi: 10.22158/elp.v9n1p287

Normative Structure and Institutional Improvement of Judicial Application of Carbon Sinks in National Parks
type: item
description: Against the backdrop of accelerated restructuring of the global climate governance system and coordinated advancement of the “Dual Carbon” target, national parks, as the core carrier of nature reserves, have seen the judicial application of their carbon sinks become a key field connecting ecological protection and climate governance. At present, the judicial application of carbon sinks in national parks is confronted with three dilemmas: first, the basic system for carbon sink subscription needs to be improved, manifested in the generalized scope of application and insufficient supply of legal basis; second, there exists a contradiction between the diversity of subscription forms and the consistency of implementation, with inconsistent accounting standards and verification methods; third, the transparency and standardization of capital flow management are insufficient, and a regulatory mechanism is absent. The root causes lie in the realistic constraints imposed by the complexity of ecological environment governance and the systematic absence of legal systems, as well as the obstacles at the level of principle guidance caused by the absence of the ecological priority principle, legal application principle and due process principle. To resolve the above dilemmas, institutional improvement should be promoted from the following dimensions: clarify the scope of application and establish the relevance standard for damage to carbon sink functions; unify subscription standards, integrate trading platforms and construct a cross-regional judicial collaboration mechanism; strengthen capital supervision and establish a dual-track transparency mechanism. Through the above normative structure, a two-tier model of general application of carbon sinks and priority application of national park carbon sinks can be formed, providing theoretical support and practical guidance for the law-based realization of ecological protection in national parks and the “Dual Carbon” target.
creator: Wang Ni
creator: Shan Yan
rights: Copyright (c) 2026 Wang Ni, Shan Yan http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-04-15
publication date: 2026-04-15
volume: 9
number: 1
starting page: 306
doi: 10.22158/elp.v9n1p306

The Application and Dilemma of Electronic Evidence in Maritime Fraud Cases
type: item
description: With the digital transformation of maritime trade, electronic evidence has gained increasing prominence in maritime litigation. Maritime fraud cases, characterized by cross-border, technical, and covert features, pose challenges to electronic evidence, including inconsistent authentication standards, conflicts between traditional evidence rules and new forms of evidence, and legislative lag. This study employs normative analysis, empirical research, and comparative law analysis to systematically categorize the basic types and characteristics of electronic evidence, examine the legal framework and practical difficulties of its authentication, explore technology-driven innovative approaches, and propose institutional recommendations. The findings reveal a paradigm shift in electronic evidence authentication from traditionalism to technocratism, with judicial applications of emerging technologies such as blockchain-based evidence storage offering potential pathways to overcome authentication difficulties. Future efforts should focus on establishing unified authentication rules for electronic evidence in the revision of the Special Maritime Procedure Law, advancing the development of a unified platform for maritime electronic evidence, and improving international cooperation mechanisms for cross-border electronic evidence collection.
creator: Yunting Xiao
creator: Guang Yang
rights: Copyright (c) 2026 Yunting Xiao, Guang Yang http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-04-22
publication date: 2026-04-22
volume: 9
number: 1
starting page: 322
doi: 10.22158/elp.v9n1p322

Research on Death Resulting from Hit-and-Run in Secondary Collisions
type: item
description: In judicial practice, “secondary collision” cases following a hit-and-run traffic accident often face dual difficulties in determining causation and subjective culpability. This paper argues that in most instances, the first perpetrator’s flight creates the risk of the victim being run over again, and the subsequent vehicle’s intervention does not break the causal chain, unless the later driver harbors an intent to kill or the victim has already been moved to a relatively safe area. The adequate causation theory is difficult to apply due to the vague standard of “adequacy” regarding subjective culpability, the mixed culpability theory should be adopted, meaning that for the aggravated consequence of “causing death by fleeing” the perpetrator’s mental state should exclude direct intent and be limited to indirect intent and negligence. The mixed culpability theory helps avoid double counting of harm, reconciles sentencing disparities between the crime of traffic offenses and intentional homicide, and provides a clear, workable approach for judicial practice.
creator: Xiaoling Guo
rights: Copyright (c) 2026 Xiaoling Guo http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-04-30
publication date: 2026-04-30
volume: 9
number: 1
starting page: 335
doi: 10.22158/elp.v9n1p335

Sea-Level Rise and the Limits of Rebus Sic Stantibus in Maritime Boundary Treaties
type: item
description: Sea-level rise, driven by thermal expansion and polar ice-sheet melting, is progressively reshaping the coastal geography upon which the international law of the sea is built. As baselines shift landward and low-lying islands face submersion, the stability of existing maritime boundary treaties comes under increasing pressure. This article examines whether the doctrine of rebus sic stantibus, codified in Article 62 of the Vienna Convention on the Law of Treaties (VCLT), can be invoked to terminate or modify maritime boundary treaties in response to sea-level rise. After surveying the debate between the ambulatory and fixed baseline theories, and analyzing the institutional framework of Article 62 and its boundary treaty exception, this article tests sea-level rise against each constituent element of the doctrine. It concludes that in the vast majority of cases, sea-level rise fails to satisfy the cumulative requirements of Article 62, and that the pursuit of treaty stability through baseline fixation, bilateral arrangements, and multilateral norm-building represents a more viable and legally sound path forward.
creator: Yangbo Jiang
rights: Copyright (c) 2026 Yangbo Jiang http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-05-05
publication date: 2026-05-05
volume: 9
number: 1
starting page: 345
doi: 10.22158/elp.v9n1p345

Service Provider Liability for Damages Caused by Generative AI Hallucinations
type: item
description: The concept of damages caused by generative AI hallucinations refers to situations in which the AI generates false information, thereby giving rise to fortuitous liability. As the controllers of the AI, service providers are the appropriate parties to bear such liability. Once their status as liable parties is established, it becomes necessary to further clarify the specific rules for determining liability: in principle, fault-based liability should apply, with the state of the art serving as the standard for assessing fault; regarding the proof of causation, presumptive rules should be adopted to allocate the burden of proof reasonably. The aforementioned liability framework strikes a balance between the dual values of technological innovation and the protection of individual rights.
creator: Yuxin Yan
rights: Copyright (c) 2026 Yuxin Yan http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-05-11
publication date: 2026-05-11
volume: 9
number: 1
starting page: 354
doi: 10.22158/elp.v9n1p354

Antitrust Regulation of Forced Exclusivity in China’s Food-Delivery Platform Sector: A Case Study of Sherpa’s Abuse of Dominance
type: item
description: The food-delivery economy has expanded rapidly with the development of platform-based services. Amid intensifying market competition, major platforms have engaged in disorderly and exclusionary practices driven by competitive pressure and profit-seeking, with adverse consequences for both merchants and consumers. Existing research in this field has rarely examined practical enforcement issues through case-based analysis. The Sherpa’s Case is a pioneering precedent in China’s anti-monopoly enforcement, comprehensively illustrating the typical analytical process of “defining the relevant market—determining dominant market position—identifying abusive conduct—analyzing competitive effects.” Taking this case as a starting point, this paper first clarifies the characterization of “Er xuan yi,” literally “choose one of two,” in food-delivery platforms: in antitrust terms, it is better understood as platform-imposed forced exclusivity, while its legal characterization is closer to exclusive dealing or restrictive trading. It then analyzes China’s current regulatory framework and practical challenges, and finally draws on comparative experience to propose pathways for improvement, with the aim of promoting more effective regulation and enforcement against forced exclusivity in China’s food-delivery platform sector.
creator: Zeran Shen
rights: Copyright (c) 2026 Zeran Shen http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-05-23
publication date: 2026-05-23
volume: 9
number: 1
starting page: 362
doi: 10.22158/elp.v9n1p362