查询词典 unlawfulness

Unlike French law, German law of torts has kept the element of fault separate from that of objective unlawfulness.

德国侵权法中严格区分过错与违法性，而法国侵权法却不加区分，造成此种差异的原因有三：哲学观念上的差异；罪刑法定主义原则的影响；不同的法典编撰思路。

Instead, the Court has tied the level-of-generality determination to notice, holding that "the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right" and that the "unlawfulness must be apparent."

40然而，最高法院已经约束了裁定中应注意的一般性标准，即"权利的轮廓必须足够清晰以致讲道理的官员理解其所作为侵害了这种权利"而且"非法的情形必须十分明显。"

In the Law of Tort,the dispute about whether the unlawful should be distinguished from the fault and whether the unlawfulness should be existed as an independent part of the Law of Tort has lasted for several centuries.

侵权行为法中，违法性是否应该与过错相区别而作为构成要件一部分的争论已经延续了数个世纪。

The appeals court ruled that because Hamdan was a member of al Qaeda, the Geneva Conventions did not apply to him and he could not assert the unlawfulness of the military commissions on that basis.

上诉法院裁定因为汉姆丹是基地组织成员，日内瓦公约对其不适用，他不能在此基础上宣称非凡军事法庭审判不合法。

This settlement has little trouble with unlawfulness as they proceed about their daily activities they are too fearful to cause mischief.

但若此座阴森大殿一旦建成，对死亡女神的恐惧将令整个城邑秩序井然，所有居民无不担忧自己的错误行为会遭受悲惨命运。

It not just can make the reports to be deeper and to have the sense at scene, but also has become a mirror for "exposing unlawfulness" and "news surveillance".

隐性采访不仅能使报道更加深入、有现场感，而且成为"揭露黑幕"的杀手铜，成为"新闻监督"的利器。

I need not call into view the unlawfulness of the practice by which our mariners are forced at the will of every cruising officer from their own vessels into foreign ones

我不必强调指出，巡航官对我国水手为所欲为，迫使他们离开自己的船只而登上异国船只的不法行径

Not to contend for such a stake is to surrender our equality with other powers on the element common to all, and to violate the sacred title which every member of the society has to its protection, I need not call into view the unlawfulness of the practice by which our mariners are forced at the will of every cruising officer from their own vessels into foreign ones, nor paint the outrages inseparable from it.

如果不为此而斗争，就是放弃我国在公海上与其他国家的同等地位，就是侵犯每一个社会成员所拥有的、保护自己的神圣权利。我不必强调指出，巡航官对我国水手为所欲为，迫使他们离开自己的船只而登上异国船只的不法行径，也不必渲染其中免不了的暴行。

This part details the situations whenself-defense is applied, defines individual and communal self-defense, expounds the abuse of self-defense in the international practice and its unlawfulness, probes the relationship between communal security mechanism and self-defense, and differentiate self-defense from retaliation.

本部分主要探讨了关于自卫以及对宪章51条的解读，分析了自卫的适用条件，单独自卫与集体自卫的界定，并指出在国际实践中自卫被滥用的各种情形及其非法性，探讨集体安全机制与自卫的关系，区别自卫和报复。

Therefore, depecage shall be adopted. The following rules are suggested: 1the existence, scope, duration and transferability of copyright and the unlawfulness in copyright infringement shall be governed by the law of the place where the works are effectively used. 2 Initial ownership of copyright works shall be governed by lex originis except works for fire, which should be governed by the laws that govern the employment contracts. 3 Contractual aspects of transfer of copyright through exploitation licenses or assignment should be governed by the laws chosen by the parties; in absence of choice, they shall be governed by the law of the country with which the contract is most closely connected (based on characteristic performance). 4 The legal consequences of the infringement shall be governed by the law expressly chosen by the parties; in absence of choice, it shall be governed by the law of common place of residence or main place of business; in absence of above common place, it shall be governed by the law of the country most closely connected.

因此，在具体的版权纠纷中，应当根据案件的性质做出具体的识别，相对应的，版权冲突规范也应当采用分割制的方法，现总结并建议采用下面的规范，即：1版权的客体、权利范围、保护期、可转让性和版权侵权行为构成依版权有效使用地法；2版权的初始归属依作品来源国法；但是雇佣作品的初始版权归属依调整雇佣合同的准据法；3版权的转让和许可合同适用依当事人选择的法，如果当事人没有选择，根据特征履行适用与当事人和合同有最密切联系的法；4版权的侵权责任问题应当依有关当事方明示选择的法律；如果当事人未做出选择，应当依据当事人共同的住所或者主要营业地法；如果没有当事人共同的住所或者主要营业地，应当依与当事人有最密切联系的法。

On closer examination, though, this is not a vote for multilateralism but just the opposite.

仔细审视后我们发现，这并非是对多边主义投出的赞成票，而是恰好相反。

Uncovering their weak spots, so I can defeat them.

揭露出他们的弱点，这样我就可以打败他们了。