China put forward the concept of human rights protection for prisoners as part of the modernization of its prison system. On Nov. 1, 1991; the Chinese government published the white pa- per ＂Human Rights in China＂ a...China put forward the concept of human rights protection for prisoners as part of the modernization of its prison system. On Nov. 1, 1991; the Chinese government published the white pa- per ＂Human Rights in China＂ and it showed that human rights theories and practices in China fully embody the basic spirit and requirements set forth in the Universal Declaration of Human Rights. On August 11, 1992,展开更多
Juvenile criminal justice is a reflection of the new approach to children and criminal penalty. The juvenile justice reform is onginated from the changes in criminal penalty and the approach to children. When criminal...Juvenile criminal justice is a reflection of the new approach to children and criminal penalty. The juvenile justice reform is onginated from the changes in criminal penalty and the approach to children. When criminal penalty is no longer pure revenge, education and individualization dominate criminal penalty; when children are regarded as being different from adults and should be treated differently, the new approach to children is taking shape and made more scientific. The orientation of juvenile criminal justice reform is to differentiate the juvenile crimes from adult crimes, set up case heating organizations, methods and treatment measures that are appropriate with the psychology of children. This paper will give an analysis of the current reform of the juvenile criminal justice in conjunction with the development of juvenile justice systems of other countries and probe into the orientation and development trend of the reform of China＇s juvenile criminal justice.展开更多
Four men were recently charged in a court in Hubei Province for their roles in creating and spreading the worst cyber worm virus in China’s Internet history. Li Jun,the 25-year-old principal offender, allegedly devel...Four men were recently charged in a court in Hubei Province for their roles in creating and spreading the worst cyber worm virus in China’s Internet history. Li Jun,the 25-year-old principal offender, allegedly developed the Xiongmao Shaoxiang (panda burning joss stick) cyber bug,officially called worm.whboy,and spread it on the Internet by infecting Websites.He said he wrote the panda worm for fun,but according to the police,Li earlier confessed to selling it to 12 clients and earning more than 100,000展开更多
The standardization of sentencing is an important issue in the Chinese reform of criminal justice and sentencing procedure. This study draws on the material obtained from a sentencing procedure pilot project and emplo...The standardization of sentencing is an important issue in the Chinese reform of criminal justice and sentencing procedure. This study draws on the material obtained from a sentencing procedure pilot project and employs typical experimental methodology to test the effect of implementing the independent sentencing procedure through overall and paired comparisons. The results show that independent sentencing is viable in that it can significantly improve the transparency of the sentencing process and increase the quantity and amount of sentencing information obtained and employed by judges. Although the degree of satisfaction of participants in the procedure is not as high as expected, the resultsin trials of the first instance appear to have greater legitimacy and justifiability. At the same time, the independent sentencing procedure also helps give substance to the function of the collegiate bench, and can thus be taken as an important entry point for deepening court reform. However, the findings of our study show that there was room for improvement in the role of lawyers in this experiment.展开更多
This article investigates what might be characterised as ＂the forensic challenge＂ for criminal adjudication and clarifies its nature and scope. The ＂challenge＂ identified is complex, dynamic and multifaceted, enco...This article investigates what might be characterised as ＂the forensic challenge＂ for criminal adjudication and clarifies its nature and scope. The ＂challenge＂ identified is complex, dynamic and multifaceted, encompassing a variety of issues and debates concerning the ways in which forensic science evidence is validated, generated, presented, tested, evaluated and utilised in criminal proceedings. Common law evidentiary principles governing the admissibility of scientific evidence and expert witness testimony are reviewed and the underlying assumptions and potential weaknesses of adversarial trial procedure are critically considered. The discussion is pitched at the generic level of recurring intellectual puzzles, institutional design, regulatory frameworks, procedural structures and processes, macro-policy choices and methodological prescriptions, with the intention of making it relevant to an international audience. Aspects of the procedural law and adjudicative practice of England and Wales, and the regulatory context of UK forensic science, are offered as concrete illustrations with the potential for illuminating comparative extrapolation to other legal systems. In conclusion, the article draws out specific implications for Chinese scholarship, law reform and policymaking in relation to scientific and other expert evidence, and advances a bold suggestion for entertaining an unconventionally expansive conception of ＂forensic science＂ and, correspondingly, of the challenges it presents.展开更多
文摘China put forward the concept of human rights protection for prisoners as part of the modernization of its prison system. On Nov. 1, 1991; the Chinese government published the white pa- per ＂Human Rights in China＂ and it showed that human rights theories and practices in China fully embody the basic spirit and requirements set forth in the Universal Declaration of Human Rights. On August 11, 1992,
文摘Juvenile criminal justice is a reflection of the new approach to children and criminal penalty. The juvenile justice reform is onginated from the changes in criminal penalty and the approach to children. When criminal penalty is no longer pure revenge, education and individualization dominate criminal penalty; when children are regarded as being different from adults and should be treated differently, the new approach to children is taking shape and made more scientific. The orientation of juvenile criminal justice reform is to differentiate the juvenile crimes from adult crimes, set up case heating organizations, methods and treatment measures that are appropriate with the psychology of children. This paper will give an analysis of the current reform of the juvenile criminal justice in conjunction with the development of juvenile justice systems of other countries and probe into the orientation and development trend of the reform of China＇s juvenile criminal justice.
文摘Four men were recently charged in a court in Hubei Province for their roles in creating and spreading the worst cyber worm virus in China’s Internet history. Li Jun,the 25-year-old principal offender, allegedly developed the Xiongmao Shaoxiang (panda burning joss stick) cyber bug,officially called worm.whboy,and spread it on the Internet by infecting Websites.He said he wrote the panda worm for fun,but according to the police,Li earlier confessed to selling it to 12 clients and earning more than 100,000
文摘The standardization of sentencing is an important issue in the Chinese reform of criminal justice and sentencing procedure. This study draws on the material obtained from a sentencing procedure pilot project and employs typical experimental methodology to test the effect of implementing the independent sentencing procedure through overall and paired comparisons. The results show that independent sentencing is viable in that it can significantly improve the transparency of the sentencing process and increase the quantity and amount of sentencing information obtained and employed by judges. Although the degree of satisfaction of participants in the procedure is not as high as expected, the resultsin trials of the first instance appear to have greater legitimacy and justifiability. At the same time, the independent sentencing procedure also helps give substance to the function of the collegiate bench, and can thus be taken as an important entry point for deepening court reform. However, the findings of our study show that there was room for improvement in the role of lawyers in this experiment.
文摘This article investigates what might be characterised as ＂the forensic challenge＂ for criminal adjudication and clarifies its nature and scope. The ＂challenge＂ identified is complex, dynamic and multifaceted, encompassing a variety of issues and debates concerning the ways in which forensic science evidence is validated, generated, presented, tested, evaluated and utilised in criminal proceedings. Common law evidentiary principles governing the admissibility of scientific evidence and expert witness testimony are reviewed and the underlying assumptions and potential weaknesses of adversarial trial procedure are critically considered. The discussion is pitched at the generic level of recurring intellectual puzzles, institutional design, regulatory frameworks, procedural structures and processes, macro-policy choices and methodological prescriptions, with the intention of making it relevant to an international audience. Aspects of the procedural law and adjudicative practice of England and Wales, and the regulatory context of UK forensic science, are offered as concrete illustrations with the potential for illuminating comparative extrapolation to other legal systems. In conclusion, the article draws out specific implications for Chinese scholarship, law reform and policymaking in relation to scientific and other expert evidence, and advances a bold suggestion for entertaining an unconventionally expansive conception of ＂forensic science＂ and, correspondingly, of the challenges it presents.
