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International Journal of Law, Ethics, and Technology

The International Journal of Law, Ethics, and Technology

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最新精彩要目

?2025年第1期

1.MODERN CONSTITUTIONAL REFORM-REBALANCING THE 3 BRANCHES OF GOVERNMENT FOR GREATER GOVERNANCE EFFICIENCY ON U. S. A EXAMPLE

Name：Rafal Pruchniak（New York University School of Law US）

Abstract：This manuscript presents a more efficient form of democratic governance which, however, maintains very strong checks and balances. Although, legislation could be passed by the executive as well, all legislation would have to be approved by the courts to be economically sound and socially just. Supreme Court would take on the role of a powerful moderator-arbiter efficiently flowing legislative agendas which would be subject to higher standards of review. All of the branches would be electronically elected, ranked and ultimately responsible to voters provided they followed the elevated standards. This novel system has potential to be adopted around the world as it is politically neutral and could quickly catch up with technological advancements. The article contains other multiple governance efficiency enhancements related to free speech and electoral processes.

Keywords：Constitution；Reform；Governance；Efficiency；Electronic

2.REGISTRATION OF REAL ESTATE-A COMPARATIVE ANALYSIS OF CHINESE REGULATIONS WITH EUROPEAN TRADITIONS

Name：Shuai Wei（Shanghai Jiao Tong University KoGuan School of Law China）

Abstract：Real Estate takes in a vital large part of citizen’s private property nowadays, especially in big cities where more and more excessive-priced houses boost the significance of Real Estate. In this sense, protecting the owners’ all kind of rights and ensuring secure and efAbstractAbstractAbstractAbstractAbstractAbstractficient transaction is coming to the centre place of Real Estate related mechanisms and legislation, among which the registration of Real Estate is a general model to achieve this globally. As to China, the registration of Real Estate system was from both of the Civil law tradition and Common Law tradition, and mostly it was the Civil law tradition of European Continent. However, there exist some specifics between Chinese regulations and European traditions, such as the institution setting and legal effect of registration, which will be the main object of study of this paper. Basically, this paper would firstly give a brief introduction about the registration of Real Estate; then show the Chinese latest institutional arrangements and its history of registration of Real Estate and the legal rationale behind them; thirdly try to analyze the regulations of European Continent, mostly the Germany and France, as to Germany, focusing on its special institution setting, as to France, focusing on its legal effect; fourthly since both of the German tradition and French tradition has substantial influence on Chinese modern civil law including the Real Estate Registration, the comparative analysis of them and what China should reform in the next step would be showed.

Keywords：Real Estate Registration；Civil Code of PRC；European Traditions；French Law；German Law

3.THE ETHICS OF INNOVATION：PATENT LAW AND DESIGN DILEMMAS

Name：Jingfan Xiao（Cornell University US）

Abstract：This article explores the ethical dilemmas at the intersection of patent law and design innovation, using the Apple v. Samsung case and Shenzhen-based Transsion Holdings as focal points, analyzed through the lens of human-centered design. It also highlights the benefits of an open-source approach by drawing on SpaceX as an illustrative example. Apple v. Samsung highlights challenges in enforcing design patents, balancing intellectual property rights with market competition and innovation. Transsion’s evolution from imitation to addressing camera bias for darker skin tones demonstrates how inclusive design can foster equity and reshape markets. The analysis calls for flexible intellectual property frameworks that protect creators while promoting user-centered innovation, addressing systemic inequities, and aligning technology with human rights and societal progress.

Keywords：Human-Centered Design；Trade Dress；Patent Law；Intellectual Property Law；Business Ethics

4.FREEDOM OF THOUGHT AND FAKE NEWS：INTERNATIONAL HUMAN RIGHTS IN THE AGE OF SOCIAL MEDIA

Name：Allison Mitton（BYU Law School US）

Abstract：Disinformation and malinformation are spread quickly and easily on social media because anyone can post content, deepfakes and other AI-generated content are easily created, and algorithms and bots amplify this material. As a result, false information thrives with little accountability for bad actors. This raises a critical issue: using technology as a tool to manipulate how people think seems to violate the right to freedom of thought. So why is this right so often infringed upon digitally, and how can this be prevented? Although scholars have attempted to interpret the right to freedom of thought and countries have implemented their own protections, these measures fall short, as the ease with which these actions can cross international boundaries allows foreign actors to continue infringing on this right. I suggest that the underlying issue lies in the absence of treaties, conventions, or principles of customary law that link the spread of disinformation or malinformation to a human rights violation—an infringement on freedom of thought. I argue for the adoption of a Third Optional Protocol to the International Covenant on Civil and Political Rights that (1) explicitly recognizes the use of technology to manipulate thoughts as a human rights violation, (2) outlines guidelines to prevent such infringements, and (3) establishes a better way to hold states accountable. By implementing this Protocol, meaningful progress can be made toward safeguarding the right to freedom of thought as technology evolves.

Keywords：Freedom of Thought；Human Rights；International；Artificial Intelligence；Technology

5.AN ANALYTICAL STUDY OF FEDERATED LEARNING- ENHANCED NATURAL LANGUAGE PROCESSING FOR PRIVACY-CENTRIC NATIONAL CYBERSPACE ID AUTHENTICATION

Name：Zihan Zhang（The University of Hong Kong China）

Abstract：The rapid growth of digital technology has amplified concerns about data privacy and cybersecurity, necessitating innovative solutions to protect personal information. This study explores the potential of Federated Learning (FL) to enhance privacy-focused national Cyberspace ID authentication. Recently, China put forward an initiative to utilize Cyberspace ID to address data privacy concerns, which has caused a heated debate about the legal and stechnological credibility of this project. To enable a better understanding of the possible risks and significance of Cyberspace ID, this essay first examines the legal landscape of data privacy, comparing frameworks such as the GDPR, U. S. sectoral laws, and China's cybersecurity policies. After that, this essay advocates for a possible solution to enhance Cyberspace ID system resilience by implementing Federated Learning algorithms and discusses how this aligns with the legal regulations. This interdisciplinary analysis highlights the potential of Federated Learning to advance cybersecurity and data privacy in the digital age.

Keywords：Data Privacy；Federated Learning；GDPR

責任編輯 | 郭晴晴
審核人員 | 張文碩 宋思婕

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