Volume 55

With the rapid development of science and technology, the new asset form of virtual currency has gradually entered people's vision. However, with its wide application, crimes involving virtual currency are also increasingly rampant, ranging from theft, fraud to money laundering and illegal fundraising. These criminal acts not only damage the legitimate rights and interests of investors, but also pose a serious threat to financial order and social stability. The increasingly prominent crimes involving virtual currency pose new challenges to the traditional legal system. The anonymity and decentralization of virtual currency make criminal acts more concealed and cross-border, which undoubtedly increases the difficulty of legal supervision and crackdown. This paper uses literature analysis, case studies, logical reasoning, and other research methods to deeply explore the governance problems of crimes involving virtual currency. Aiming at the ambiguity of its legal attribute, the difficulty of value evaluation, the challenge of determining "knowingly" committing a crime, and the problem of criminal disposal, this paper proposes a series of targeted countermeasures, such as clarifying the legal attribute of virtual currency, building a standardized value evaluation system, accurately identifying "knowingly", and improving the criminal disposal procedures of virtual currency involved in the case, expecting to contribute to building a safer and more stable virtual currency market environment and providing a strong guarantee for the healthy development of the digital economy.

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The advent of digital technology has brought unprecedented convenience but also significant challenges to personal privacy, particularly in China. The phenomenon of “human flesh search” (HFS), facilitated by both legal internet platforms and illicit information trade, has become a source of major privacy violations. This paper explores the effectiveness of China's current legal measures, particularly the Criminal Law as Article 253(A), in safeguarding personal information against these threats. It also examines the implications of these legal shortcomings on individuals’ daily lives and privacy. The dangers of human searches and their impact on the reality level are analyzed through detailed profiling of the parties involved in cases related to cyber violence. This report analyzes these legal inadequacies, comparing them with international standards, and suggests enhancements to better safeguard personal privacy in the digital age. By learning from international practices and rigorously adapting and enforcing its laws, China can better safeguard its citizens against privacy violations and set a standard for personal information protection in the digital era.

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The doctrine of bona fide acquisition constitutes a significant principle in property law. This statement delineates a legal framework wherein an individual who possesses property but lacks the authority to dispose of it, transfers the property's ownership to an innocent third party or encumbers it with a security interest. After the transfer, the bona fide transferee acquires the rights of ownership to the property. The legislative purpose underlying the bona fide acquisition is to protect the security of transactions. The trade of illicit goods has historically been a substantial component of market dealings. Owing to various reasons, purchasers are frequently unaware that the merchandise they acquire is of illicit origin. The applicability of the bona fide acquisition principle to the trade of stolen goods has consistently been controversial among scholars and professionals. This paper thoroughly examines the subject by applying principles from both legal and economic disciplines. After an in-depth investigation, the study concludes that the principle of bona fide acquisition should be used in cases involving stolen goods in a restricted and circumscribed manner.

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This essay explores the differences in the legal treatment of online sexual harassment (OSH) in China and South Korea. China's Civil Code addresses sexual harassment by emphasizing the violation of a woman's dignity, but the legal consequences are minimal, typically resulting in fines comparable to civil disputes. In contrast, South Korea classifies sexual harassment as a crime under the Criminal Act, with punishments including imprisonment. The analysis identifies three key disparities. Firstly, China lacks a clear specification of what constitutes sexual harassment, while South Korea provides detailed definitions. Secondly, South Korea treats OSH as a severe offense on par with rape, leading to stricter enforcement and deterrence. However, in China, OSH cases are often addressed as defamation or infringement of portrait rights rather than distinct sexual crimes. Lastly, social media censorship in China hampers tracking and locating perpetrators, granting them more leeway to evade punishment, while South Korea actively prosecutes OSH as a sexual crime. Addressing these disparities, the abstract suggests placing sexual harassment in China's criminal legislation and implementing supplemental laws to support its enforcement.

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The third technological revolution and the vigorous development of the Internet industry have made it easy for people to obtain information and publish news on the Internet. While Internet penetration continues to reach new highs, so do incidents of cyber bullying. From "a woman was subjected to rumors and cyberbullying just for picking up a courier" to "Xuezhou Liu, a boy looking for relatives, committed suicide", there are countless tragedies caused by cyber bullying. Since 2008, all sectors of society have been continuously studying the issue of cyber bullying, and until 2024, there are countless studies on cyber bullying, mainly in journalism, sociology, political science, law, education and psychology, etc., with a wide range of research topics. In this context, this study will compare and contrast the similarities and differences between Chinese and foreign measures for dealing with cyber bullying and the path of rule of law, and fill in the lack of boundaries between cyber violence and ordinary violence in criminal law theory.

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In today’s society, trademarks not only serve as indicators of the source of goods and services but also play various other roles, such as sales and advertising functions. Therefore, the function of trademark law to merely prevent consumer confusion is insufficient and poses risks to the development of trademarks in the market. The theories of association and dilution have emerged to address this issue, but there are still many doubts and misunderstandings surrounding them. This article first explores the other functions of trade mark law, specifically the emergence and content of the avoidance of association and dilution functions. The second part explains the necessity of the diverse functions of trademark law, emphasizing that the avoidance of association and dilution functions are crucial for protecting goodwill, safeguarding trademark uniqueness and value, and protecting the interests of merchants. The third part analyzes different regulations regarding the protection subject and dilution standards to determine the applicability of the diverse functions of trademark law across various countries. This analysis of the diverse functions of trademark law holds significant implications for the effectiveness of trademarks and the progress of trade mark law in legislation and judicial practices.

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With the advent of the Internet era, interpersonal communication in real space has gradually spread to cyberspace. Whether the legal regulation of real space should follow and restrict the behavior norms of virtual space has become an important issue discussed by the academic community. Although civil law and other laws have certain regulations on the cyberspace, it is not enough to rely solely on general laws such as civil law to limit the escalating problem of online violence in cyberspace. Therefore, discussing the intervention of criminal law has become of utmost importance. Due to the ease of making comments in virtual spaces, as well as the large number of people and a mix of good and bad, the phenomenon of insult, defamation, and wanton abuse is the most widespread. Therefore, online insult and defamation has become a typical manifestation of online violence. The provisions of China's criminal law on the crime of online insult and defamation are still relatively broad and lack specificity, which brings certain difficulties to judicial practice when facing serious consequences of online insult and defamation. By exploring the criminal law regulations and conviction standards for online violence, using case analysis and comparative research methods, the criminal law rules for online insult and defamation can be further refined, effectively punishing and timely preventing online insult and defamation, purifying the online environment, safeguarding the rights and interests of netizens, and promoting the further development of criminal law in virtual space.

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With the advent of the network era, more and more criminal cases involving virtual property have occurred. The protection of virtual property has become an issue of urgent concern to the legal profession. However, the current reality is that in the legal regulations and theoretical practice, there is no accurate legal qualification of virtual property. It is urgent and necessary to analyse the legal nature of the virtual property and the corresponding legal interests. At the same time, the criminal law research and protection of the relevant infringement on the basis of the related normative elements have also become one of the urgent issues at the present time. Based on the above, this paper researches and analyses the legal attributes of virtual property in the criminal law protection of virtual property by using the research methods of normative analysis, comparative research and case study. At the same time take into account the inadequacy of the criminal law protection research and analysis. Finally, it provides recommendations for the protection of virtual property in criminal law in the areas of legislation, justice, international cooperation and technical means.

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AI telecom fraud is an act of using artificial intelligence deep cooperation and analysis technology to create false information to lure and deceive individuals and illegal possession of money. With the rapid development of the Internet and AI, the number of AI telecom fraud cases has exploded, so how to prevent AI telecom fraud has become an important issue in society. AI telecom fraud has led to a series of problems, such as the illegal collection and malicious disclosure of personal information, criminals using AI to analyze personal information for fraud, and the industry does not adequately supervise the collection and use of personal information by companies. This article uses case analysis, normative analysis, and comparative research methods to analyze the above three problems and proposes the solution, including establishing a complete legal regulatory system for personal information protection and the prevention and control of AI telecom fraud, and strengthening industry supervision. It is hoped that by applying the above-mentioned solutions, the protection of personal information and the prevention and control of AI telecom fraud can be strengthened, and the development of AI telecom fraud prevention and control in China can be promoted.

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In the era of globalization, international harmonization of trademark law is essential. At the same time, the emergence of cutting-edge technologies such as AI and blockchain has completely provided a new solution to trademark protection and management, while also challenging the existing legal framework. These technologies require cross-border cooperation to effectively harmonize trademark law. This article examines the role of innovative technologies in enhancing international harmonization of trademark law, with a focus on improving trademark protection and administration. This paper combines legal analysis, technology assessments and case studies to explore the impact of these technologies on international harmonisation. The study aims to answer the following key questions: How do current challenges in international trademark harmonization affect global cooperation? What is the potential of technology to solve these problems? The expected conclusion is that innovative technologies can significantly simplify international harmonization of trademark law, facilitate cross-border cooperation and strengthen legal frameworks. This paper may help to advance global IP protection and provide new insights into international trademark law harmonization, contributing to a more cohesive and efficient global IP landscape.

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