The Governance of Complementary Global Regimes Dealing With War and Crime:The Interaction Between the United Nations and the International Criminal Court

The establishment of an international judicial institution responsible to verify on a case-by-case basis when serious humanitarian crimes would fall within the competence of domestic judicial authorities,and when an international judiciary would be required is a visible accomplishment advocated for years.The important paradigm shift refers to governing the transitional challenges characterizing massive humanitarian escalations in conflict and post-conflict situations between the responsibility to protect civilians and the fight against the impunity of international crimes.In the current legislation of the UN the civilian protection duties are associated to the maintenance of peace and security and to the right of intervention in the domestic affairs of sovereign States for humanitarian reasons,extending further the reach of a criminal jurisdiction to punish the perpetrators.This has been the case in Darfur,Sudan,and Libya.Both these situations have been referred by the UN Security Council to the International Criminal Court(ICC).From an empirical perspective,it is still not demonstrated whether international criminal justice would have an impact on the maintenance and restoration of international peace and security,while its complementary role with global political regimes is in transition and deserves attention.The questions arising are as follow:how to rely on international criminal justice for the preservation,maintenance,and restoration of peace and security in extreme conflict zones,without solving the governance gaps during mass atrocity escalations characterized by jurisdictional referrals?Is this realistic considering the traditional concept of international security relying on old models of militarization,such as in the case of Libya?Are there political and strategic reasons for a postponement of accountability during such humanitarian interventions?In short,what kind of public authority is desired for the emerging regime of international criminal justice,and how would such tool function in the complexity of international governance?

论Criminal Justice的汉语翻译问题——兼与曹立群教授商榷

英语中的criminal justice一词是犯罪学中最为关键的概念之一,它至少有3方面的含义:作为工作系统;作为专门活动;作为研究领域。将这个术语翻译为"刑事司法"是比较恰当的,而将其翻译为"法务学"或者"刑事审判",都是不恰当的。

Prison Term Prediction on Criminal Case Description with Deep Learning

The task of prison term prediction is to predict the term of penalty based on textual fact description for a certain type of criminal case.Recent advances in deep learning frameworks inspire us to propose a two-step method to address this problem.To obtain a better understanding and more specific representation of the legal texts,we summarize a judgment model according to relevant law articles and then apply it in the extraction of case feature from judgment documents.By formalizing prison term prediction as a regression problem,we adopt the linear regression model and the neural network model to train the prison term predictor.In experiments,we construct a real-world dataset of theft case judgment documents.Experimental results demonstrate that our method can effectively extract judgment-specific case features from textual fact descriptions.The best performance of the proposed predictor is obtained with a mean absolute error of 3.2087 months,and the accuracy of 72.54%and 90.01%at the error upper bounds of three and six months,respectively.

Criminal or bystander: imatinib and second primary malignancy in GIST patients

Niigata University Hospital is a regional center institution of cancer therapy where many patients with gastrointestinal stromal tumors （GISTs） are visiting to seek the latest treatment.During the time Ⅰ was treating GIST patients there with imatinib,a tyrosine kinase inhibitor,a small concern was raised：Ⅰ successively encountered patients who were newly diagnosed as having malignant neoplasms during the course of their treatment.Of the 70 GIST patients who were enrolled in our prospective study of imatinib therapy,seven suffered from second primary malignancies （SPMs）.One female GIST patient who suffered from advanced esophageal cancer died of the SPM,whereas the remaining six patients continued with their imatinib therapy and their prognoses were not affected by their SPMs.I reported on the risk of SPMs in GIST patients under imatinib therapy to an international journal of clinical oncology （1）.As the patient cohort of our study was so small in number to apply to statistical analysis,our observation was no more than a clinical alert.

Retrospection of the Rationality and the Feasibility of the Criminal Reconciliation System

In a criminal procedure,if the offender and the victim negotiate to solve the criminal case in the way of confession,compensation and apology,the specialized agency terminate the criminal responsibility investigation of the offender or give lighter punishment to the offender.This form of case treatment method is defined as criminal reconciliation.[1](P191)The system dated from 70s of last century when a reconciliation experiment of‘Victim-Offender’appeared in Ontario,Canada.After that,the method was introduced to America and some European countries.The practice of the method in western countries attached the attention of Chinese law society,and some regions has made legal attempts.However the author hold the view that the criminal reconciliation lacks enough rationality and feasibility,so that it shocks the basic principle of the existing criminal law,corrodes the social psychological basis of the law,and aggravates the judicial corruption.The method has theoretic defects,and it should not be promoted in current judicial practice.

Effect of educational intervention on attitudes toward the concept of criminal responsibility

AIM To evaluate the effect of educational intervention on individuals' knowledge of and attitudes toward forensic mental health.METHODS We conducted a questionnaire regarding attitudes toward various ideas about forensic mental health. The respondents attended a 1-h seminar regarding forensic mental health after answering the questionnaire. On completion of the seminar, the respondents answered another questionnaire containing many of the same questions as contained in the pre-seminar questionnaire.RESULTS A total of 86 individuals attended the seminar, and 78 responded to the questionnaire. Only 13(18.8%) participants were supportive of the concept of criminal responsibility initially, and there was a statistically significant increase in those who became more supportive after the seminar, with 22(33%) being supportive after the seminar(Wilcoxon signed-rank test, P < 0.001). Logistic regression analysis revealed that participants who were skeptical about forensic mental systems and those with fewer opportunities to see media reports regarding psychiatry were likely to become supportive of criminal responsibility after the intervention.CONCLUSION These results suggest that public attitudes toward criminal responsibility and mental health can be influenced via educational interventions.

Objects of Criminal Legal Aid--Center On Judicial Justice and Human Rights Protection

The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object （or aid recipient） is a party in a given legal case, who is granted legal aid. They are often among the disadvantaged group in criminal cases, since most of them are mentally challenged, lack free- dom or have health problems.＇ Both international and domestic laws have certain norms regarding objects of criminal legal aid. Our domestic law places more emphasis on ＂defen- dants＂ while downplaying ＂suspects＂ and ＂victims＂ in identifying objects.

Research on Criminal Legal Aids for Migrant Workers in China

With the acceleration of industrialization,urbanization,as well as the reform and opening-up,the amount of migrant workers is increasing sharply. However,the specialty of criminal cases is ignored,rights of migrant farmers and legal aids for them are neglected,making them commit crimes for lack of basic knowledge of laws and failing to be treated with fairness. The aim of enjoying human rights is a failure.Based on the legal aids for migrant workers,the paper discusses how to protect legal rights of migrant workers in criminal cases and make them enjoy fairness of laws,making laws play a true part in criminal cases and fulfill the aim of human rights protection.

Globalization of Criminal Justice and Human Rights Basic Dilemma

In this era of dramatic,rampant,and incessant political change,predictions about the future can no longer be based either on conventional wisdom or historical precedent.Criminals have learned to take advantage of the dynamic globalization and the opening of borders in new and dangerous ways.In response to the global crime and human rights problems,this paper is an introduction to some of these developments in criminal justice system to fight crimes and to prevent human rights.Furthermore,this paper will also examine“sense of justice in criminal process”,and identifies“basic dilemma”problems in existing legal of criminal justice and human rights.It contains a series of new ideas that a disruptor to the judiciary system and policy-maker reforms aid in the prevention of criminalization to citizen rights and change impacts the criminal justice system to protect human rights to be seen globalization change justice for societies.

The Scientific School of Philosophical and Legal Thought in Criminal Proceedings of Marian Cieslak

The aim of the article is to show that Professor Cie?lak is the founder of the scientific school of philosophical and legal thought in criminal proceedings and five thoughts belonging to this school regarding the subject of the criminal process, the identity of a deed, participants in the process, the burden of the proof, the obligation of proving, and division the grounds for detention. Professor Cie?lak was one of the most distinguished Polish lawyers and scientists, and had a great influence on shaping views on the law, primarily in theory, but also in practice. His concepts result from his theoretical and philosophical research on the law and are also timeless, remotely dependent on the legislation currently in existence.

Assessment of Total Incapacity for Work or Incapacity in the Criminal Sense in Case of Penetrating Wounds of the Neck

Penetrating wounds of the neck are often life-threatening. The victims are exposed to vascular and laryngotracheal lesions. The purpose of this work is to report the various aspects of the management of penetrating wounds in our context and to make the medico-legal assessment of incapacity in the criminal sense or total incapacity for work. This is a retrospective study (2002-2014) on thirty-nine (39) cases of penetrating neck wounds, received at the ENT departments of the Aristide Le Dantec and Fann University Hospital Centers. Patients were predominantly male, representing 94% of cases with an average age of 27 years. Seventy (70%) of the accidents occurred in the region of Dakar. In 42% of cases, the circumstance of occurrence was a fight or an assault. The weapon used in most cases by the aggressor was a cutter or a knife. The average waiting time was 37 hours with extremes of 02 and 216 hours. Surgically, all patients had been examined under general anesthesia. In terms of lesions, 37 cases had profound cervical muscle injuries, i.e. 94%. There were 17 vascular lesions (43%). The medico-legal distribution of patients showed that among them, 10% had a total incapacity to work exceeding 21 days. The determination of total incapacity for work is an important medical procedure that requires capability and experience. The doctor must not fall into the trap of the confusion between the TIW on the criminal level and the TIW on the civil level. He must limit medically and should not make judgments.

Racial Disparities in the United States Criminal Justice System:“With Liberty and Justice for All?”

Racial discrimination remains a prevalent issue in the contemporary U.S.despite efforts to promote equality.Many young African American and Hispanic males are easy target for law enforcement agents.Minorities experience a higher and more unfair form of racial discrimination,racial profiling,police brutality,unfair sentencing,and mass incarceration for offences which are the same or less than those committed by White males.The rate of incarceration in the United States is five to eight times higher than most developed countries,and Black males constitute the largest percentage of inmates in the U.S.prison system.Once arrested,Black Americans are more likely to remain in prison longer,and await trial for minor offenses at a higher rate than Whites.Black and Latino males sentenced in state and federal courts face significantly greater odds of incarceration than White offenders for the same or even higher crimes.Vagins and McCurdy in a 2006 ACLU on“cracks in the system”reported that“There is no rational medical or penological reason for the 100:1 disparity between crack and powder cocaine and instead it causes an unjustified racial disparity in our penal system”(p.7).There is a racial disparity in the proportion of Black males in prison serving sentences of life without the possibility of parole(LWOP).In addition,The United States Criminal Justice System needs to be carefully examined as a top priority agenda needing immediate call of action that needs reform to guarantee the constitutional rights accorded to every American“with liberty and justice for all”.

Principal Component Analysis of Male Criminal Behavior

The present study was conducted in order to establish factors that can potentially facilitate crime, as well as the status of the emotional wellbeing presented in the prison population. The sample was composed of 358 inmates of the Federal Center for Social Rehabilitation number 7 in Mexico. A questionnaire was specifically developed;it evaluated sociodemographic factors and Likert scales of substance intake, domestic violence, and depressive symptoms. Validity and reliability (Cronbach’s Alpha = 0.703) of the instrument showed appropriate relations between the reagents of the scales;results showed—through Chi-Square analysis—statistically significant differences in the correlations between sociodemographic factors, domestic violence, addictions, and depressive symptoms. Although results showed a connection between domestic violence and substance abuse with criminal behavior, low socioeconomic conditions exhibited a higher degree of correlation with criminal activity. On the other hand, high depression symptoms are present in one out of every five inmates.

Criminality among Former Child and Adolescent Psychiatric Patients and Matched Controls

Background: Externalizing symptoms in children (aggression, oppositionality, property and status violations), and the Attention Deficit Hyperactivity Disorder (ADHD) triad of problems (inattention, hyperactivity, impulsivity) display a substantial co-morbidity. The “short temper” problem is common to these syndromes, which are predictive of a range of negative life outcomes including substance abuse and criminality in adulthood. There is a gender gap for the syndromes (boys are more affected), for criminality (men are more criminal) and knowledge (we know less about girls’ criminal careers). Aims: The main aim was to compare crime rates and crime profiles among former Child and Adolescent Psychiatric (CAP) patients with corresponding data for matched controls, focusing externalizing and internalizing psychiatric symptoms, sex and adverse social factors. Method: Data for 6055 former CAP-Stockholm outpatients were extracted from available treatment registers. For each CAP patient, two matched controls from the general population were randomly selected from the same area of residence, of the same sex and with the same year of birth (N approx. 12,000). Data on criminality for these individuals were obtained from a Swedish police register which also includes crimes committed prior to age 15. Results: Overall, twice as many former CAP patients were registered for crimes at a mean age of 21.4 compared to the controls. The over-representation was larger for crimes of violence. Females were registered for a much lower number of crimes, particularly crimes of violence (gender gap). The gender gap among the CAP patients was smaller than among controls. Compared with controls, CAP patients characterized by externalizing problems at referral had an odds ratio (OR) for crimes of 5 for males and 10 for females. Neglect was the only adverse social factor which was associated with a higher crime rate and affected boys more than girls. Compared to previous Swedish CAP cohorts, the criminality of the current cohort was much higher. Conclusion: In-depth studies of female crime careers characterized by externalising problems are needed. Child psychiatric services must find new and more effective ways of identifying and treating children with such problems, regardless of sex. The findings can guide the choice of strategies which will reduce crime rate.

Prediction of Criminal Suspects Based on Association Rules and Tag Clustering

To date, not many studies have been conducted on criminal prediction. In this study, the criminal data related to city S is divided into a training data set and a validation data set at a 1:1 ratio in light of the personal tag data and the travel and accommodation data of criminals and ordinary people in city S. Firstly, the FP-growth algorithm is adopted to calculate association rules between the criminals and the ordinary people in their travel and hotel accommodation data, in order to discover criminal suspects based on association rules. Secondly, the DBSCAN algorithm is employed for clustering of the tag data of the criminals and the ordinary people, followed by similarity calculation, in order to discover criminal suspects based on tag clustering. Lastly, intersection operation is performed on the above two sets of criminal suspects, and the resulting intersection is verified against the criminal validation set for elimination of criminals who appear in the intersection so as to obtain final criminal suspects. Results show that a set of 648 criminal suspects is retrieved based on the association rules calculated by the FP-growth algorithm, while a set of 973 criminal suspects is retrieved based on DBSCAN clustering and cosine similarity of the personal tags;the number of criminal suspects is narrowed down to 567 after the intersection operation of the two sets, and 419 of the 567 criminal suspects are further verified to be criminals using the validation set, thereby leaving the other 148 to be the final criminal suspects and giving a prediction accuracy of 73.9%. The data mining method of criminal suspects based on association rules and tag clustering in this study has been successfully applied to the police system of city S, and the experiment proves the effectiveness of this method in detecting criminal suspects.

On the Criminal Law Protection of the Marine Ecological Environment

With the continuous and rapid development of the country’s economy and society,it has greatly promoted the leap of the marine economy and brought more severe challenges and tests to the protection of marine ecological environment.How to effectively measure the criminal law protection of the marine ecological environment and take effective measures Measures to deepen the effects of marine ecological environmental protection have become one of the focus topics of widespread concern in the industry.Based on this,this article first introduces the protection of marine ecological interests in China’s criminal law,analyzes the necessity of adjusting the ecological environment in criminal law,and discusses the deficiencies in China’s marine legal system and combines relevant practical experience to improve the marine environment.Various angles and aspects,such as laws and regulations related to resource crimes,put forward the basic approach to strengthen the criminal law protection of the marine ecological environment,and hope to help the practice of related work.

On the Criminal Protection of the Right to Education of Chinese Citizens——With a Review on Article 32 of the Amendment to the Criminal Law(Ⅺ)

The Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China responds to the institutional needs of civic education,and supplements the clause of the Criminal Law on protection of citizens’right to education nuy means of Article 32.Imposing legal responsibility in the form of internal punishments,administrative punishments,and economic compensation have failed to prevent infringements on citizens’right to education.Its role as a"secondary protection law"is the conceptual obstacle that hinders the Criminal Law from effectively intervening in the field of citizens’right to education.The equivalence between the legal interests of people to the right to education and the rights protected by the existing charges in the Criminal Law is the legitimate basis for it to intervene in disputes over the right to education.Based on Article 32 of the Amendment(Ⅺ)to the Criminal Law of the People’s Republic of China,it is suggested to further clarify the prepositional law,improve the liability provisions for the right to education,change the modest and restrained view of the Criminal Law regarding protection of the right to education,and expand the behavior types of Article 32 provided in the Amendment(Ⅺ)in due time.

Reconstructing the Data Crime Governance Model from the Perspective of Criminal Compliance

With the advent of the risk society and the era of big data,criminal law must respond to data crime in a more proactive manner.The traditional way of conviction and sentencing adopted by the current criminal law for data crime can no longer meet the requirements of the times.Compliance should be introduced into criminal law to improve the governance system of data crime.There are three ways to incorporate compliance into criminal law:(1)as the exemption cause of enterprise crime;(2)as the general circumstances of sentencing in the General Provisions of Criminal Law of the People’s Republic of China;(3)as the special circumstances of sentencing in the Specific Provisions of Criminal Law of the People’s Republic of China.The latter two approaches are more suited to China’s national conditions.

Corny Criminals： Decoy Detail

诱捕偷车贼，该，还是不该？众说纷纭。