The Qvod case in 2016, in which the Chinese video-sharing site Qvod was convicted of the crime of disseminating pornographic materials for profits, provoked heated debates regarding the criminal responsibility of inte...The Qvod case in 2016, in which the Chinese video-sharing site Qvod was convicted of the crime of disseminating pornographic materials for profits, provoked heated debates regarding the criminal responsibility of internet service providers (ISPs) in China. Using the Qvod case as an example, this paper first discusses the definition and the legal obligations of ISPs, and argues that we should decide the criminal responsibility of ISPs according to their functions and the content of their services. This paper further analyzes four major issues associated with the criminal responsibility of ISPs, including accomplice responsibility, accessory with neutral conduct, perpetrator by action or omission and ideal concurrence (Idealkonkurrenz).展开更多
Violation of food and drug safety and other hazard crimes have the features of long latency and multiple factors. Traditional criminal law causality theory is no controversy to determine causality of criminal responsi...Violation of food and drug safety and other hazard crimes have the features of long latency and multiple factors. Traditional criminal law causality theory is no controversy to determine causality of criminal responsibility, thus it is necessary to introduce the epidemiology causality theory-it is a kind of causality theory based on epidemic diseases, and it is the high degree of probability in the determination of causality in criminal laws so as to solve the traditional attribution problem, but the theory also exists applicable restriction conditions in judicial practice.展开更多
The defendant’s mental capacity is often crucial in criminal procedure,and an expert witness may be requested to conduct a forensic psychiatric evaluation.This paper analyzes the law and clinical practice of adult de...The defendant’s mental capacity is often crucial in criminal procedure,and an expert witness may be requested to conduct a forensic psychiatric evaluation.This paper analyzes the law and clinical practice of adult defendants’forensic psychiatric evaluation in criminal courts between China' Mainland and Taiwan region.Results indicated that the law in Taiwan region explicitly mentioned more mental illness and mental capacity than the law in China' Mainland regarding forensic psychiatric evaluation.Concerning expert witnesses,China' Mainland has established a registration and management system,but in Taiwan region,the judge decides the expert witness’s admissibility.Furthermore,clinical evaluation guidelines have been promulgated in China' Mainland,while none in Taiwan region.Implications of the findings were discussed.展开更多
The State Administration for Industry and Commerce recently said it has suggested the addition of an article in the Advertising Law to make celebrities who represent fake products in deceptive advertising criminally r...The State Administration for Industry and Commerce recently said it has suggested the addition of an article in the Advertising Law to make celebrities who represent fake products in deceptive advertising criminally responsible for their actions if it is展开更多
the mediatization of the CoVID-19 pandemic has created a lot of stress leading sometimes to mental health issues.We present a case of a thirty-year-old woman with no history of psychotic disease but some vulnerabiliti...the mediatization of the CoVID-19 pandemic has created a lot of stress leading sometimes to mental health issues.We present a case of a thirty-year-old woman with no history of psychotic disease but some vulnerabilities and no criminal record,who attempted to kill her seven-year-old son during a brief delusional episode in the context of fear of the coronavirus.she was successfully treated by pharmacotherapy and psychotherapy.she was examined by forensic psychiatrists leading to the conclusion that her responsibility was highly diminished,and her reoffending risk was low.We add to the literature that the CoVID-19 pandemic has been such a stressor for mentally vulnerable people that it could lead to severe psychiatric decompensation and even criminal acts.展开更多
The Doppelgänger phenomenon refers to the experience of a direct encounter with one’s self,characteriswed by:(i)the perception of a figure with one’s own identical physical features;or(ii)the apprehension that ...The Doppelgänger phenomenon refers to the experience of a direct encounter with one’s self,characteriswed by:(i)the perception of a figure with one’s own identical physical features;or(ii)the apprehension that the perceived figure shares the same personality and identity.The Doppelgänger does not only look like the same person,it is his/her double.The perceptual element is usually a hallucination,although occasionally a false perception of an actual figure may be involved.This phenomenon has been described in individuals suffering from overwhelming fear,severe anxiety or intoxication,epilepsy,as well as in the sleep-wakefulness transition.It has also been reported in major psychoses.The fear of imminent death often precedes the Doppelgänger experience.This report presents the case of a 30-year-old man,Mr.Y,who was stabbed to death by Mr.X,his“double”.The aggressor and his victim,although not related,were truly doubles;remarkably,they shared the same name and surname,age,professional activity and place of work.Moreover,they attended the same sports center but barely knew each other.The forensic psychiatric evaluations in Mr.X,subsequent to the crime committed,were suggestive of a psychotic condition.This case is unique in the scientific literature.In the most serious psychotic forms,the issue of the“double”calls into question not only the dissociative processes involved in the etiopathogenesis of the disorder,but also bio-psycho-social elements,as well as personal data in this case,which made the victim and the aggressor“identical”.In the context of psychopathological functioning,the delusional mood(Wahnstimmung)that precedes the development of delirium is a sort of gateway to an impending psychotic illness,involving delusional awareness or mood(atmosphere).In psychosis,splitting is the main issue and this influence is seen as an evil,foreign,apocalyptic and unknown side no longer recognised as belonging to the self even in a physical sense.In such a situation,it is felt that the only way to survive is by suppressing one’s double as a defense against disorganisation of the self.展开更多
文摘The Qvod case in 2016, in which the Chinese video-sharing site Qvod was convicted of the crime of disseminating pornographic materials for profits, provoked heated debates regarding the criminal responsibility of internet service providers (ISPs) in China. Using the Qvod case as an example, this paper first discusses the definition and the legal obligations of ISPs, and argues that we should decide the criminal responsibility of ISPs according to their functions and the content of their services. This paper further analyzes four major issues associated with the criminal responsibility of ISPs, including accomplice responsibility, accessory with neutral conduct, perpetrator by action or omission and ideal concurrence (Idealkonkurrenz).
文摘Violation of food and drug safety and other hazard crimes have the features of long latency and multiple factors. Traditional criminal law causality theory is no controversy to determine causality of criminal responsibility, thus it is necessary to introduce the epidemiology causality theory-it is a kind of causality theory based on epidemic diseases, and it is the high degree of probability in the determination of causality in criminal laws so as to solve the traditional attribution problem, but the theory also exists applicable restriction conditions in judicial practice.
文摘The defendant’s mental capacity is often crucial in criminal procedure,and an expert witness may be requested to conduct a forensic psychiatric evaluation.This paper analyzes the law and clinical practice of adult defendants’forensic psychiatric evaluation in criminal courts between China' Mainland and Taiwan region.Results indicated that the law in Taiwan region explicitly mentioned more mental illness and mental capacity than the law in China' Mainland regarding forensic psychiatric evaluation.Concerning expert witnesses,China' Mainland has established a registration and management system,but in Taiwan region,the judge decides the expert witness’s admissibility.Furthermore,clinical evaluation guidelines have been promulgated in China' Mainland,while none in Taiwan region.Implications of the findings were discussed.
文摘The State Administration for Industry and Commerce recently said it has suggested the addition of an article in the Advertising Law to make celebrities who represent fake products in deceptive advertising criminally responsible for their actions if it is
文摘the mediatization of the CoVID-19 pandemic has created a lot of stress leading sometimes to mental health issues.We present a case of a thirty-year-old woman with no history of psychotic disease but some vulnerabilities and no criminal record,who attempted to kill her seven-year-old son during a brief delusional episode in the context of fear of the coronavirus.she was successfully treated by pharmacotherapy and psychotherapy.she was examined by forensic psychiatrists leading to the conclusion that her responsibility was highly diminished,and her reoffending risk was low.We add to the literature that the CoVID-19 pandemic has been such a stressor for mentally vulnerable people that it could lead to severe psychiatric decompensation and even criminal acts.
文摘The Doppelgänger phenomenon refers to the experience of a direct encounter with one’s self,characteriswed by:(i)the perception of a figure with one’s own identical physical features;or(ii)the apprehension that the perceived figure shares the same personality and identity.The Doppelgänger does not only look like the same person,it is his/her double.The perceptual element is usually a hallucination,although occasionally a false perception of an actual figure may be involved.This phenomenon has been described in individuals suffering from overwhelming fear,severe anxiety or intoxication,epilepsy,as well as in the sleep-wakefulness transition.It has also been reported in major psychoses.The fear of imminent death often precedes the Doppelgänger experience.This report presents the case of a 30-year-old man,Mr.Y,who was stabbed to death by Mr.X,his“double”.The aggressor and his victim,although not related,were truly doubles;remarkably,they shared the same name and surname,age,professional activity and place of work.Moreover,they attended the same sports center but barely knew each other.The forensic psychiatric evaluations in Mr.X,subsequent to the crime committed,were suggestive of a psychotic condition.This case is unique in the scientific literature.In the most serious psychotic forms,the issue of the“double”calls into question not only the dissociative processes involved in the etiopathogenesis of the disorder,but also bio-psycho-social elements,as well as personal data in this case,which made the victim and the aggressor“identical”.In the context of psychopathological functioning,the delusional mood(Wahnstimmung)that precedes the development of delirium is a sort of gateway to an impending psychotic illness,involving delusional awareness or mood(atmosphere).In psychosis,splitting is the main issue and this influence is seen as an evil,foreign,apocalyptic and unknown side no longer recognised as belonging to the self even in a physical sense.In such a situation,it is felt that the only way to survive is by suppressing one’s double as a defense against disorganisation of the self.