To study the influencing factors of traffic violations,this study investigated the effects of vehicle attribution,day of week,time of day,location of traffic violations,and weather on traffic violations based on the e...To study the influencing factors of traffic violations,this study investigated the effects of vehicle attribution,day of week,time of day,location of traffic violations,and weather on traffic violations based on the electronic enforcement data and historical weather data obtained in Shangyu,China.Ten categories of traffic violations were determined from the raw data.Then,chi-square tests were used to analyze the relationship between traffic violations and the potential risk factors.Multinomial logistic regression analyses were conducted to further estimate the effects of different risk factors on the likelihood of the occurrence of traffic violations.By analyzing the results of chi-square tests via SPSS,the five factors above were all determined as significant factors associated with traffic violations.The results of the multinomial logistic regression revealed the significant effects of the five factors on the likelihood of the occurrence of corresponding traffic violations.The conclusions are of great significance for the development of effective traffic intervention measures to reduce traffic violations and the improvement of road traffic safety.展开更多
The Chinese government is dedicated to enhancing the level of informatization in administrative law enforcement to ensure fairness and increase credibility.Currently,law enforcement has exposed such problems as insuff...The Chinese government is dedicated to enhancing the level of informatization in administrative law enforcement to ensure fairness and increase credibility.Currently,law enforcement has exposed such problems as insufficient force,difficulties in collecting evidence,and low evidential power.These problems contradict the principles of rule of law and standardization.Many local governments have implemented advanced information technologies for urban administration and law enforcement,including big data,artificial intelligence,and IoT.Among these technologies,IoT is the core communication infrastructure for innovative law enforcement platforms.However,traditional video communications rely on batteries or dedicated power sources,leading to maintenance challenges and high power consumption.In this paper,we propose AT-Eye,a new video communication paradigm for all-time law enforcement video monitoring,which is battery-free and high-throughput.The key enabler of AT-Eye is ambient backscatter technology,which enables energy harvesting and video communication simultaneously.Unlike previous methods,our proposal introduces a novel CCK-based modulation for tag cameras and achieves 4-way concurrency.The modulation is simple because it uses phase difference and it is energyefficient because generating square waves is adequate.Moreover,to ensure full compatibility with COTS WiFi,we modulate the physical service data unit.Therefore,data recovery is possible using only commercial NICs.We conduct comprehensive experiments to examine our proposal and experiment results show that AT-Eye achieves a throughput of 10.8 Mbps with COTS radios.We also simulate a 16-way battery-free tag camera system,demonstrating AT-Eye’s feasibility of high-definition video communication.展开更多
China enjoys historic rights over the South China Sea. It has become a controversial sea area due to the loopholes in the modern law of the sea. It is competed by neighboring countries for its interests, which exacerb...China enjoys historic rights over the South China Sea. It has become a controversial sea area due to the loopholes in the modern law of the sea. It is competed by neighboring countries for its interests, which exacerbate the tense situation in China's enforcement of maritime rights protection and poses the serious threat to our country's sovereignty over the South China Sea. The article takes the South China Sea controversial maritime rights enforcement model as the starting point. It contrasts the status quo of maritime rights enforcement system both at home and abroad, and analyzes the existing laws and regulations of maritime rights protection system in our country, such as the imperfect laws and regulations, the unreasonable establishment of law enforcement agencies and the imperfect law enforcement system. It also puts forward the strategy and idea of perfecting the law enforcement system of maritime rights protection in our country, which is of far-reaching significance to the strategy of safeguarding the maritime rights and interests of China and building a maritime power.展开更多
According to the United Nations Environmental Programme(UNEP),the world loses 1.0×106hm2forest land through deforestation annually.About 1.6×106people who depend on forests for livelihood are negatively affe...According to the United Nations Environmental Programme(UNEP),the world loses 1.0×106hm2forest land through deforestation annually.About 1.6×106people who depend on forests for livelihood are negatively affected by deforestation and forest degradation.The paper attempts to study the impact of forest governance,enforcement and socio-economic factors on deforestation and forest degradation at the local level in West Bengal State,India.The study was based on questionnaire survey data during 2020–2021 collected from three western districts(Purulia,Bankura,and Paschim Medinipur)where deforestation and poverty rates are higher than other districts in West Bengal State.The total number of selected villages was 29,and the total sample households were 693.A stratified random sampling technique was used to collect data,and a questionnaire was followed.Forest governance and enforcement indices were constructed using United Nation Development Programme(UNDP)methodology and a step-wise logistic regression model was used to identify the factors affecting deforestation and forest degradation.The result of this study showed that four factors(illegal logging,weak forest administration,encroachment,and poverty)are identified for the causes of deforestation and forest degradation.It is observed that six indices of forest governance(rule of law,transparency,accountability,participation,inclusiveness and equitability,and efficiency and effectiveness)are relatively high in Purulia District.Moreover,this study shows that Purulia and Bankura districts follow medium forest governance,while Paschim Medinipur District has poor forest governance.The enforcement index is found to be highest in Purulia District(0.717)and lowest for Paschim Medinipur District(0.257).Finally,weak forest governance,poor socio-economic conditions of the households,and weak enforcement lead to the deforestation and forest degradation in the study area.Therefore,governments should strengthen law enforcement and encourage sustainable forest certification schemes to combat illegal logging.展开更多
The paper aims to compare the levels ofa'ust Caucasians, African Americans, Hispanics, and other minority groups have in state courts. The paper presents four hypothesize which contend that African Americans, Hispani...The paper aims to compare the levels ofa'ust Caucasians, African Americans, Hispanics, and other minority groups have in state courts. The paper presents four hypothesize which contend that African Americans, Hispanics, and other minority groups have lower levels of trust in state courts in comparison to Caucasians. Using data from a 2001 Justice at Stake Public Survey, a multivariate regression analysis was performed to assess the validity of each hypothesis. The variable for Race/Ethnicity was used as a baseline allowing for the comparison of levels of trust among each racial/ethnic group. The findings indicate that African Americans have a lower level of trust in state courts in comparison to their Caucasian and other minority counterparts and vice versa. Surprisingly, Hispanics were found to have no more or less trust in state courts when compared to Caucasians, African Americans, and other minority groups. Further research regarding trust in state courts should be carried out in both African American and Hispanic communities. Lastly, it is noteworthy to mention that the data set contained some limitations, such as its age and the exclusion of"Asian" in the racial/ethnic categories.展开更多
countries, and emphasizes that the application of the rules in force represents the weak point of systems in which the competition policy awareness is much needed but still anchored at a rudimentary stage. This is esp...countries, and emphasizes that the application of the rules in force represents the weak point of systems in which the competition policy awareness is much needed but still anchored at a rudimentary stage. This is especially evident when considering that, although such laws have been built up following the European Union model as regards to the forbidden practices, and the US system-with its combination of monetary fines and criminal approach-for the sanctions, the establishment of a legal environment “friendly competition” is far from effective enforcement. After providing an overview of the competition laws passed by the six GCC members, the paper highlights that, notwithstanding the wide arsenal of legal tools to curb possible anticompetitive practices made available under the national regimes, in all countries role and powers of the competition authorities are somewhat underrated. Due to such generalized lack of implementation, the article underlines the need for effective enforcement standards accompanied by a joint harmonized action against illegal competition to be undertaken at regional level in order to facilitate the flow of commerce, and strengthen the economy in the GCC marketplace.展开更多
The Arbitration Law of the People’s Republic of China will go into effect on September 1, 1995, which has become the focus of world attention. This is an important law promulgated by China for handling economic dispu...The Arbitration Law of the People’s Republic of China will go into effect on September 1, 1995, which has become the focus of world attention. This is an important law promulgated by China for handling economic disputes. All the parties concerned are making intense preparations for the successful enforcement of the Law. As the first nongovernmental organisation engaged in arbitration affairs, the China Council展开更多
This study accentuates the differences in the ways in which Ottoman women, Muslim and non-Muslim, used the Islamic courts. In some regions Ottoman women went to the courts on their own while in others they relied on m...This study accentuates the differences in the ways in which Ottoman women, Muslim and non-Muslim, used the Islamic courts. In some regions Ottoman women went to the courts on their own while in others they relied on male representatives to enter into transactions or litigate on their behalf. Studies treating Islamic court records as uniform in shape and content have offered conflicting conclusions about the status of women in Ottoman society. This study demonstrates that a number of geographic and temporal variations affected women's access the courts, significantly affecting their legal status in the period of 1550-1650.展开更多
In many countries, traffic volumes and the number of drivers are rising faster than the availability of police officers whose routine duties include traffic law enforcement. Automated traffic enforcement, which produc...In many countries, traffic volumes and the number of drivers are rising faster than the availability of police officers whose routine duties include traffic law enforcement. Automated traffic enforcement, which produces photographic evidence of vehicles detected speeding or running red lights, can be used to supplement traditional enforcement. In the United States and Canada, a number of individuals and organizations have been very vocal in their opposition to automated traffic enforcement. They argue that automated enforcement programs are unnecessary for improving road safety, that they unfairly target relatively good drivers, and that they are motivated by revenue generation rather than safety. These arguments, however, often ignore the numerous peer-reviewed studies that have found real-world benefits in communities that use automated enforcement---cameras deter would-be violators, reduce crashes, and save lives. Solid, published research by a number of experts demonstrates that red light cameras save lives, and speed cameras substantially reduce speeding and speed-related crashes. Surveys of drivers and other road users indicate widespread support for automated enforcement. With regard to fairness, the objective of photo enforcement is to deter violations, not to surreptitiously catch violators. The more public the enforcement is, the better. If anything, automated enforcement programs improve fairness by reducing the potential for prejudicial enforcement. Finally, photo enforcement is intended to improve traffic safety by modifying the driver behaviors that lead to crashes, and it is reasonable to expect that people who break the law should pay for enforcing it. Ticket revenue should decline overtime as the cameras succeed in deterring would-be speeders and red light runners. This paper provides research-based responses to the critics' arguments as well as best practice guidelines for effective automated enforcement programs.展开更多
In regard to the people’s court’s infringement upon the litigation right of defendants,there are two relief means in our country:procuratorial supervision and appeal,neither of which can realize the goal of relief.T...In regard to the people’s court’s infringement upon the litigation right of defendants,there are two relief means in our country:procuratorial supervision and appeal,neither of which can realize the goal of relief.The conflict between interrogation and defense has to do with the lack of relief mechanism.To solve the problem concerning relief to the defendant whose litigation right is infringed upon the court,independent procedural appeal mechanism must be established,the relationship between it and factual appeal must be properly dealt with.The procedure for procedural appeal should be made in accordance with the characteristics of procedural appeal.展开更多
With the development of economy and society, our country is on the road of rule by law, the legal system is progressing constantly. At the same time, we should also see that the administration according to law is not ...With the development of economy and society, our country is on the road of rule by law, the legal system is progressing constantly. At the same time, we should also see that the administration according to law is not perfect, and its shortcomings exist in different degree and need to be further improved. Based on the analysis of the status quo of grass-roots administrative law enforcement in China, this paper tries to put forward corresponding countermeasures, so as to promote the work of law-based administration for the corresponding study.展开更多
Blockchain,artificial intelligence,and other technologies have been increasingly integrated with the law,and the construction of smart justice and Internet courts in various places has a prominent effect on court info...Blockchain,artificial intelligence,and other technologies have been increasingly integrated with the law,and the construction of smart justice and Internet courts in various places has a prominent effect on court informatization.The Supreme People’s Court is currently carrying out the pilot reform of separation between complicated and simple cases in civil procedure,and legal technology will inevitably become a major means to enable the reform.In the field of electronic litigation,legal technology itself has become a goal of the reform.Regarding the trials of pilot basic courts,legal technology has been more deeply applied in many links such as trial activities and trial management,playing an essential role in improving judicial efficiency,and becoming an important way to solve judicial dilemmas such as“litigation explosion.”However,the history of modern society reminds us that we should be reasonably optimistic about the development of technology,especially in the field of justice.展开更多
The Law of the People's Republic of China on the Protection of Minors and the Law ofthe People's Republic of China on the Prevention of Juvenile Crimes were passed on September 4, 1991 and June 28,1999 and cam...The Law of the People's Republic of China on the Protection of Minors and the Law ofthe People's Republic of China on the Prevention of Juvenile Crimes were passed on September 4, 1991 and June 28,1999 and came into force on January 1, 1992 and November 1, 1999. Over the past decades, China has scoredoutstanding achievements in implementing the two laws. In order to strengthen supervision of the implementationof the two laws and better protect the lawful rights and interests of the under-aged, the National People's CongressStanding Committee set up a Law Enforcement Check Group in July 2003, which carried out a nationwidecheck of the implementation of the two laws. On August 25, NPC Vice-Chairperson Gu Xiulian reported on theresult of the check to the fourth meeting of the Tenth NPC standing committee. She described the generalsituation in the implementation of the two laws as 'good' and also identified some problems and put forwardsome recommendations with regard to the enforcement and implementation of the two laws.The following are the excerpts of the report:展开更多
Introduction 2013 saw the sixth anniversary of the formulation of Regulations of the People's Republic of China on Disclosure of Government Information (hereinafter referred to as the Regulations) and the fifth ann...Introduction 2013 saw the sixth anniversary of the formulation of Regulations of the People's Republic of China on Disclosure of Government Information (hereinafter referred to as the Regulations) and the fifth anniversary of their being put into effect. As the Regulations were stipulated and put into force,展开更多
[目的/意义]La Quadrature du Net and Others案是欧盟法院第一次以判决的形式回应成员国国家安全情报领域算法运用的立法,对其进行研究不仅能够拓展理论研究的视界,也可为我国相关制度的构建提供镜鉴。[方法/过程]采取案例分析法,深入...[目的/意义]La Quadrature du Net and Others案是欧盟法院第一次以判决的形式回应成员国国家安全情报领域算法运用的立法,对其进行研究不仅能够拓展理论研究的视界,也可为我国相关制度的构建提供镜鉴。[方法/过程]采取案例分析法,深入分析欧盟法院国家安全情报领域算法规制的逻辑基点、路径和方法。[结果/结论]该判决对欧洲人权法院及法国均产生重要影响,但无论是传统情报监督路径与方法,还是新兴算法规制路径与方法,均存缺憾。我国在推进国家安全情报领域算法运用的同时,要对其基本权利干预性有充分认识,应通过立法强化国家安全情报领域算法运用的规制。展开更多
The intellectual property("IP") judicial system comprises two parts: IP judicial organization and IP judicial mechanism. China’s IP judicial system reform should be carried along with the construction of sp...The intellectual property("IP") judicial system comprises two parts: IP judicial organization and IP judicial mechanism. China’s IP judicial system reform should be carried along with the construction of specialized IP courts, aiming to establish a specialized IP judicial system. Such a system contains five elements. First, the nation-wide specialized IP courts are both courts of first instance and of appeal, which is a mode of "first instance + appeal". Meanwhile, a state-level high court or an IP circuit court of the Supreme People’s Court("the Supreme Court") should be established. Second, IP courts should not be set up everywhere, instead, they should be set up in 10-13 central cities, supplemented with detached tribunals. Third, the judicial mechanism in the IP courts should be "3-in-1", in which civil, administrative and criminal suits are heard by one court. Fourth, the manner of reasoning inherited from administrative authority principles of the civil law system should be avoided, and judicial organs should be given the authority to make substantial judgments on the validity of IP. Finally, in technical cases, a multiidentification mechanism for technical facts should be set up, by establishing systems such as technical investigators, expert consultation, expert juries, and judicial appraisal. Thus, an overarching IP judicial system will be formed, which will separate IP trials from others and strengthen the professional traits of IP trails. Such a judicial system is an optimized choice conforming to the construction of an innovative country and is sufficient for China to present a picture of "strong judicial protection" of IP to the world.展开更多
China is one of the major markets for patent filing and patent exploitation.A powerful enforcement environment may boost both of patent filing and exploitation.A two-track system for the patent enforcement is availabl...China is one of the major markets for patent filing and patent exploitation.A powerful enforcement environment may boost both of patent filing and exploitation.A two-track system for the patent enforcement is available in China:the administrative system via local intellectual property offices,and the judicial system via courts.展开更多
In order to safeguard the legitimate rights and interests of all parties, ensure the justice of legal proceedings and maintain the Chinese judicial system's positive international image, high quality interpretatio...In order to safeguard the legitimate rights and interests of all parties, ensure the justice of legal proceedings and maintain the Chinese judicial system's positive international image, high quality interpretation of legal proceedings is extremely important. This paper will analyze the nature of court interpreting and draw lessons from successful foreign practices. Moreover,some thoughts and suggestions will be presented for the establishment of national court interpreting standards in China.展开更多
Based on the basis of the two stage dynamic game of complete information and purely tactful perfect equilibrium theory, the non cooperative gaming between the police department and the criminals is analyzed. Dyn...Based on the basis of the two stage dynamic game of complete information and purely tactful perfect equilibrium theory, the non cooperative gaming between the police department and the criminals is analyzed. Dynamic game can be proved to forecast and explain potential tactful choices of the police department and the criminals at various stages, so as to analyze the essence of the law enforcement by the theoretical models.展开更多
基金The National Key Research and Development Program of China(No.2019YFB1600200).
文摘To study the influencing factors of traffic violations,this study investigated the effects of vehicle attribution,day of week,time of day,location of traffic violations,and weather on traffic violations based on the electronic enforcement data and historical weather data obtained in Shangyu,China.Ten categories of traffic violations were determined from the raw data.Then,chi-square tests were used to analyze the relationship between traffic violations and the potential risk factors.Multinomial logistic regression analyses were conducted to further estimate the effects of different risk factors on the likelihood of the occurrence of traffic violations.By analyzing the results of chi-square tests via SPSS,the five factors above were all determined as significant factors associated with traffic violations.The results of the multinomial logistic regression revealed the significant effects of the five factors on the likelihood of the occurrence of corresponding traffic violations.The conclusions are of great significance for the development of effective traffic intervention measures to reduce traffic violations and the improvement of road traffic safety.
基金This work was supported by NSFC Grant No.62276244,61932017,and 61971390.
文摘The Chinese government is dedicated to enhancing the level of informatization in administrative law enforcement to ensure fairness and increase credibility.Currently,law enforcement has exposed such problems as insufficient force,difficulties in collecting evidence,and low evidential power.These problems contradict the principles of rule of law and standardization.Many local governments have implemented advanced information technologies for urban administration and law enforcement,including big data,artificial intelligence,and IoT.Among these technologies,IoT is the core communication infrastructure for innovative law enforcement platforms.However,traditional video communications rely on batteries or dedicated power sources,leading to maintenance challenges and high power consumption.In this paper,we propose AT-Eye,a new video communication paradigm for all-time law enforcement video monitoring,which is battery-free and high-throughput.The key enabler of AT-Eye is ambient backscatter technology,which enables energy harvesting and video communication simultaneously.Unlike previous methods,our proposal introduces a novel CCK-based modulation for tag cameras and achieves 4-way concurrency.The modulation is simple because it uses phase difference and it is energyefficient because generating square waves is adequate.Moreover,to ensure full compatibility with COTS WiFi,we modulate the physical service data unit.Therefore,data recovery is possible using only commercial NICs.We conduct comprehensive experiments to examine our proposal and experiment results show that AT-Eye achieves a throughput of 10.8 Mbps with COTS radios.We also simulate a 16-way battery-free tag camera system,demonstrating AT-Eye’s feasibility of high-definition video communication.
基金supported by the Ministry of Education for the 2017 annual national and regional research center project"Ocean Law and Policy Northeast Asia Research Center"(GQ17091)2017 Liaoning Economic and Social Development Project(2018lslktyb-015)+1 种基金2016 Liaoning Provincial Department of Education Scientific Research Project(w201607)2016 Key Project of Teaching Reform of School-level Education(Dalian Ocean University,School of Public Administration(2017-14-7)
文摘China enjoys historic rights over the South China Sea. It has become a controversial sea area due to the loopholes in the modern law of the sea. It is competed by neighboring countries for its interests, which exacerbate the tense situation in China's enforcement of maritime rights protection and poses the serious threat to our country's sovereignty over the South China Sea. The article takes the South China Sea controversial maritime rights enforcement model as the starting point. It contrasts the status quo of maritime rights enforcement system both at home and abroad, and analyzes the existing laws and regulations of maritime rights protection system in our country, such as the imperfect laws and regulations, the unreasonable establishment of law enforcement agencies and the imperfect law enforcement system. It also puts forward the strategy and idea of perfecting the law enforcement system of maritime rights protection in our country, which is of far-reaching significance to the strategy of safeguarding the maritime rights and interests of China and building a maritime power.
文摘According to the United Nations Environmental Programme(UNEP),the world loses 1.0×106hm2forest land through deforestation annually.About 1.6×106people who depend on forests for livelihood are negatively affected by deforestation and forest degradation.The paper attempts to study the impact of forest governance,enforcement and socio-economic factors on deforestation and forest degradation at the local level in West Bengal State,India.The study was based on questionnaire survey data during 2020–2021 collected from three western districts(Purulia,Bankura,and Paschim Medinipur)where deforestation and poverty rates are higher than other districts in West Bengal State.The total number of selected villages was 29,and the total sample households were 693.A stratified random sampling technique was used to collect data,and a questionnaire was followed.Forest governance and enforcement indices were constructed using United Nation Development Programme(UNDP)methodology and a step-wise logistic regression model was used to identify the factors affecting deforestation and forest degradation.The result of this study showed that four factors(illegal logging,weak forest administration,encroachment,and poverty)are identified for the causes of deforestation and forest degradation.It is observed that six indices of forest governance(rule of law,transparency,accountability,participation,inclusiveness and equitability,and efficiency and effectiveness)are relatively high in Purulia District.Moreover,this study shows that Purulia and Bankura districts follow medium forest governance,while Paschim Medinipur District has poor forest governance.The enforcement index is found to be highest in Purulia District(0.717)and lowest for Paschim Medinipur District(0.257).Finally,weak forest governance,poor socio-economic conditions of the households,and weak enforcement lead to the deforestation and forest degradation in the study area.Therefore,governments should strengthen law enforcement and encourage sustainable forest certification schemes to combat illegal logging.
文摘The paper aims to compare the levels ofa'ust Caucasians, African Americans, Hispanics, and other minority groups have in state courts. The paper presents four hypothesize which contend that African Americans, Hispanics, and other minority groups have lower levels of trust in state courts in comparison to Caucasians. Using data from a 2001 Justice at Stake Public Survey, a multivariate regression analysis was performed to assess the validity of each hypothesis. The variable for Race/Ethnicity was used as a baseline allowing for the comparison of levels of trust among each racial/ethnic group. The findings indicate that African Americans have a lower level of trust in state courts in comparison to their Caucasian and other minority counterparts and vice versa. Surprisingly, Hispanics were found to have no more or less trust in state courts when compared to Caucasians, African Americans, and other minority groups. Further research regarding trust in state courts should be carried out in both African American and Hispanic communities. Lastly, it is noteworthy to mention that the data set contained some limitations, such as its age and the exclusion of"Asian" in the racial/ethnic categories.
文摘countries, and emphasizes that the application of the rules in force represents the weak point of systems in which the competition policy awareness is much needed but still anchored at a rudimentary stage. This is especially evident when considering that, although such laws have been built up following the European Union model as regards to the forbidden practices, and the US system-with its combination of monetary fines and criminal approach-for the sanctions, the establishment of a legal environment “friendly competition” is far from effective enforcement. After providing an overview of the competition laws passed by the six GCC members, the paper highlights that, notwithstanding the wide arsenal of legal tools to curb possible anticompetitive practices made available under the national regimes, in all countries role and powers of the competition authorities are somewhat underrated. Due to such generalized lack of implementation, the article underlines the need for effective enforcement standards accompanied by a joint harmonized action against illegal competition to be undertaken at regional level in order to facilitate the flow of commerce, and strengthen the economy in the GCC marketplace.
文摘The Arbitration Law of the People’s Republic of China will go into effect on September 1, 1995, which has become the focus of world attention. This is an important law promulgated by China for handling economic disputes. All the parties concerned are making intense preparations for the successful enforcement of the Law. As the first nongovernmental organisation engaged in arbitration affairs, the China Council
文摘This study accentuates the differences in the ways in which Ottoman women, Muslim and non-Muslim, used the Islamic courts. In some regions Ottoman women went to the courts on their own while in others they relied on male representatives to enter into transactions or litigate on their behalf. Studies treating Islamic court records as uniform in shape and content have offered conflicting conclusions about the status of women in Ottoman society. This study demonstrates that a number of geographic and temporal variations affected women's access the courts, significantly affecting their legal status in the period of 1550-1650.
文摘In many countries, traffic volumes and the number of drivers are rising faster than the availability of police officers whose routine duties include traffic law enforcement. Automated traffic enforcement, which produces photographic evidence of vehicles detected speeding or running red lights, can be used to supplement traditional enforcement. In the United States and Canada, a number of individuals and organizations have been very vocal in their opposition to automated traffic enforcement. They argue that automated enforcement programs are unnecessary for improving road safety, that they unfairly target relatively good drivers, and that they are motivated by revenue generation rather than safety. These arguments, however, often ignore the numerous peer-reviewed studies that have found real-world benefits in communities that use automated enforcement---cameras deter would-be violators, reduce crashes, and save lives. Solid, published research by a number of experts demonstrates that red light cameras save lives, and speed cameras substantially reduce speeding and speed-related crashes. Surveys of drivers and other road users indicate widespread support for automated enforcement. With regard to fairness, the objective of photo enforcement is to deter violations, not to surreptitiously catch violators. The more public the enforcement is, the better. If anything, automated enforcement programs improve fairness by reducing the potential for prejudicial enforcement. Finally, photo enforcement is intended to improve traffic safety by modifying the driver behaviors that lead to crashes, and it is reasonable to expect that people who break the law should pay for enforcing it. Ticket revenue should decline overtime as the cameras succeed in deterring would-be speeders and red light runners. This paper provides research-based responses to the critics' arguments as well as best practice guidelines for effective automated enforcement programs.
文摘In regard to the people’s court’s infringement upon the litigation right of defendants,there are two relief means in our country:procuratorial supervision and appeal,neither of which can realize the goal of relief.The conflict between interrogation and defense has to do with the lack of relief mechanism.To solve the problem concerning relief to the defendant whose litigation right is infringed upon the court,independent procedural appeal mechanism must be established,the relationship between it and factual appeal must be properly dealt with.The procedure for procedural appeal should be made in accordance with the characteristics of procedural appeal.
文摘With the development of economy and society, our country is on the road of rule by law, the legal system is progressing constantly. At the same time, we should also see that the administration according to law is not perfect, and its shortcomings exist in different degree and need to be further improved. Based on the analysis of the status quo of grass-roots administrative law enforcement in China, this paper tries to put forward corresponding countermeasures, so as to promote the work of law-based administration for the corresponding study.
文摘Blockchain,artificial intelligence,and other technologies have been increasingly integrated with the law,and the construction of smart justice and Internet courts in various places has a prominent effect on court informatization.The Supreme People’s Court is currently carrying out the pilot reform of separation between complicated and simple cases in civil procedure,and legal technology will inevitably become a major means to enable the reform.In the field of electronic litigation,legal technology itself has become a goal of the reform.Regarding the trials of pilot basic courts,legal technology has been more deeply applied in many links such as trial activities and trial management,playing an essential role in improving judicial efficiency,and becoming an important way to solve judicial dilemmas such as“litigation explosion.”However,the history of modern society reminds us that we should be reasonably optimistic about the development of technology,especially in the field of justice.
文摘The Law of the People's Republic of China on the Protection of Minors and the Law ofthe People's Republic of China on the Prevention of Juvenile Crimes were passed on September 4, 1991 and June 28,1999 and came into force on January 1, 1992 and November 1, 1999. Over the past decades, China has scoredoutstanding achievements in implementing the two laws. In order to strengthen supervision of the implementationof the two laws and better protect the lawful rights and interests of the under-aged, the National People's CongressStanding Committee set up a Law Enforcement Check Group in July 2003, which carried out a nationwidecheck of the implementation of the two laws. On August 25, NPC Vice-Chairperson Gu Xiulian reported on theresult of the check to the fourth meeting of the Tenth NPC standing committee. She described the generalsituation in the implementation of the two laws as 'good' and also identified some problems and put forwardsome recommendations with regard to the enforcement and implementation of the two laws.The following are the excerpts of the report:
文摘Introduction 2013 saw the sixth anniversary of the formulation of Regulations of the People's Republic of China on Disclosure of Government Information (hereinafter referred to as the Regulations) and the fifth anniversary of their being put into effect. As the Regulations were stipulated and put into force,
文摘[目的/意义]La Quadrature du Net and Others案是欧盟法院第一次以判决的形式回应成员国国家安全情报领域算法运用的立法,对其进行研究不仅能够拓展理论研究的视界,也可为我国相关制度的构建提供镜鉴。[方法/过程]采取案例分析法,深入分析欧盟法院国家安全情报领域算法规制的逻辑基点、路径和方法。[结果/结论]该判决对欧洲人权法院及法国均产生重要影响,但无论是传统情报监督路径与方法,还是新兴算法规制路径与方法,均存缺憾。我国在推进国家安全情报领域算法运用的同时,要对其基本权利干预性有充分认识,应通过立法强化国家安全情报领域算法运用的规制。
基金This article is the phased achievement of the Beijing Social Science Fund Major Project:“Research on the Establishment of the Beijing Intellectual Property Court”(15ZDA05).
文摘The intellectual property("IP") judicial system comprises two parts: IP judicial organization and IP judicial mechanism. China’s IP judicial system reform should be carried along with the construction of specialized IP courts, aiming to establish a specialized IP judicial system. Such a system contains five elements. First, the nation-wide specialized IP courts are both courts of first instance and of appeal, which is a mode of "first instance + appeal". Meanwhile, a state-level high court or an IP circuit court of the Supreme People’s Court("the Supreme Court") should be established. Second, IP courts should not be set up everywhere, instead, they should be set up in 10-13 central cities, supplemented with detached tribunals. Third, the judicial mechanism in the IP courts should be "3-in-1", in which civil, administrative and criminal suits are heard by one court. Fourth, the manner of reasoning inherited from administrative authority principles of the civil law system should be avoided, and judicial organs should be given the authority to make substantial judgments on the validity of IP. Finally, in technical cases, a multiidentification mechanism for technical facts should be set up, by establishing systems such as technical investigators, expert consultation, expert juries, and judicial appraisal. Thus, an overarching IP judicial system will be formed, which will separate IP trials from others and strengthen the professional traits of IP trails. Such a judicial system is an optimized choice conforming to the construction of an innovative country and is sufficient for China to present a picture of "strong judicial protection" of IP to the world.
文摘China is one of the major markets for patent filing and patent exploitation.A powerful enforcement environment may boost both of patent filing and exploitation.A two-track system for the patent enforcement is available in China:the administrative system via local intellectual property offices,and the judicial system via courts.
文摘In order to safeguard the legitimate rights and interests of all parties, ensure the justice of legal proceedings and maintain the Chinese judicial system's positive international image, high quality interpretation of legal proceedings is extremely important. This paper will analyze the nature of court interpreting and draw lessons from successful foreign practices. Moreover,some thoughts and suggestions will be presented for the establishment of national court interpreting standards in China.
文摘Based on the basis of the two stage dynamic game of complete information and purely tactful perfect equilibrium theory, the non cooperative gaming between the police department and the criminals is analyzed. Dynamic game can be proved to forecast and explain potential tactful choices of the police department and the criminals at various stages, so as to analyze the essence of the law enforcement by the theoretical models.