Background: Externalizing symptoms in children (aggression, oppositionality, property and status violations), and the Attention Deficit Hyperactivity Disorder (ADHD) triad of problems (inattention, hyperactivity, impu...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.展开更多
Insofar as the right to free speech is constitutionally protected, the article distinguishes between opinions and facts. Whereas the former is protected as a free speech matter, the latter has nothing to do with the r...Insofar as the right to free speech is constitutionally protected, the article distinguishes between opinions and facts. Whereas the former is protected as a free speech matter, the latter has nothing to do with the right to free expression Holocaust Denial concerns denying facts and therefore, it is not a question of freedom of speech. At the same vein, inquiring into the conceptual grounds of the theory of criminalization, the article provides that Holocaust Denial cannot and should not be criminalized.展开更多
The focus of this study is the critical analysis of data related to Hispanic males and criminality, Factors, such as marital status, income level, age, and police contact, are measureable entities that are at the core...The focus of this study is the critical analysis of data related to Hispanic males and criminality, Factors, such as marital status, income level, age, and police contact, are measureable entities that are at the core of the statistical ,analysis, A cross-disciplinary approach provides a cultural context for the statistical world of numbers, The socially conflicting terms of masculinity and maleness will lead to a discussion of macho behavior and criminaliW, Macho behavior, often interpreted as aggressive, may arouse police suspicion, In this case, the police will stop Hispanic males because of their behavior, not necessarily because they committed a crime, This study will show that the cycle of poverty prevents Hispanic males of low-income families from contacting with the police, whereas uneducated Hispanic males must confirm their masculinity in a criminal behavior, CriminaliW, often associated with violence as machismo, is the social over compensation for a male inferiority complex that finds its origin in the Spanish conquest of South America,展开更多
Online criminal litigation transcends the constraints of physical time and space and changes the logic and path of trial hearings for some criminal cases with the help of technology.However,the leapfrog shift from the...Online criminal litigation transcends the constraints of physical time and space and changes the logic and path of trial hearings for some criminal cases with the help of technology.However,the leapfrog shift from the“physical field”to the“virtual field”has brought great challenges to the effective exercise of the defendant's right to defense.Online criminal justice further highlights the imbalance in the relationship between prosecution and defense in the context of smart justice,and proposes a new topic for protecting the human rights of the prosecuted.The introduction of online criminal litigation in judicial practice is intended to achieve justice in a faster and more convenient way.However,the dissipation of the ritualized remote hearings tends to undermine the effectiveness of the defense and impair the defense's ability to cross-examine evidence,while the technically advantageous public authorities can aggravate the barrier to the defense's meeting and reading the case file.The root cause is that technological power instrumentalism overemphasizes pragmatism and the pursuit of truth under the position of authority,thus diluting humanistic care for the subject of litigation.In order to resolve the problem with the quality and effectiveness of the right to defense in remote hearings,it is necessary to transform online criminal litigation from a“practical technical tool”to a“convenient auxiliary method,”and appropriately weigh the limits of pursuing truth against human rights protection in special scenarios.Meanwhile,it is also feasible to provide technical care for the defense and strengthen its ability to cross-examine evidence.Moreover,a covert communication platform should be furnished for the defender's online meeting to actively strengthen the protection of the defendant's right to defense.展开更多
Domestic violence is a serious threat to the basic human rights of family members,especially victimized women.In order to effectively prevent domestic violence,the criminal law needs to respond in an appropriate and t...Domestic violence is a serious threat to the basic human rights of family members,especially victimized women.In order to effectively prevent domestic violence,the criminal law needs to respond in an appropriate and timely manner.However,the traditional criminal governance model suffers from the problem of the lagging involvement of public power.At the same time,the public-private partnership governance model,based on the personal safety protection order system stipulated in the Anti-domestic Violence Law of the People's Republic of China,is also flawed in its institutional design and specific implementation.The criminal governance model for domestic violence should be guided by the view of positive criminal law,and the governance path should be furtheroptimized from two aspects:strengthening the foundation of the public-private cooperation governance model and deepeningthe criminal-civil interface.This will help to fully protect the legitimate rights and interests of victims of domestic violence.展开更多
Advances in technology require upgrades in the law. One such area involves data brokers, which have thus far gone unregulated. Data brokers use artificial intelligence to aggregate information into data profiles about...Advances in technology require upgrades in the law. One such area involves data brokers, which have thus far gone unregulated. Data brokers use artificial intelligence to aggregate information into data profiles about individual Americans derived from consumer use of the internet and connected devices. Data profiles are then sold for profit. Government investigators use a legal loophole to purchase this data instead of obtaining a search warrant, which the Fourth Amendment would otherwise require. Consumers have lacked a reasonable means to fight or correct the information data brokers collect. Americans may not even be aware of the risks of data aggregation, which upends the test of reasonable expectations used in a search warrant analysis. Data aggregation should be controlled and regulated, which is the direction some privacy laws take. Legislatures must step forward to safeguard against shadowy data-profiling practices, whether abroad or at home. In the meantime, courts can modify their search warrant analysis by including data privacy principles.展开更多
The main aim for discovery and development of the neurophysiological detector was detection of the production’ seats and criminal use of poisons in warfare. Phosphor-organic (PO) substances with acetylcholinesterase-...The main aim for discovery and development of the neurophysiological detector was detection of the production’ seats and criminal use of poisons in warfare. Phosphor-organic (PO) substances with acetylcholinesterase-blocking effects are prohibited in warfare by international law (Geneva Protocol. https://www.un.org/disarmament/wmd/bio/1925-geneva-protocol/). Monitoring PO analogs with acetylcholinesterase-blocking effects and their degradation products in water and soil can provide clues to unlawful production sites and the possible use of POs in warfare. Attempts to analyze POs by derivatization have had a low ability to detect them. A neurophysiological detector (NPD)-high-performance liquid chromatography (HPLC) system was developed for specific detection with high detection ability. The first official presentation of our NPD was at the 3<sup>rd</sup> International Symposium on Separation in BioSciences SBS 2003: A 100 Years of Chromatography, May 13-18, 2003, in Moscow, Russia. The NPD in connection to HPLC was developed 14 years before the presentation at the SBS in 2003. Initially, NPD combined with an HPLC system was developed for intelligence services and only for use in monitoring and espionage against the unlawful production of neuroparalytic agents, as explained in this article. NPD combined with an HPLC system was developed in Umeå, Sweden, in 1987-89;the protocol was further developed in Statens Plantevern Institutt, Ås, Norway, in 1990-92. NPD may have great utility during the current period of active warfare in Europe. The initial challenge was detecting unlawful production and use of PO compounds and their metabolites that can potentially block acetylcholinesterase. The sensor in NPD can detect and monitor substances such as tabun, soman, and modern PO poisons used in military applications. This article describes the history of the development of NPD and its aim as a sensitive sensor in detecting PO substances with acetylcholinesterase-blocking effects.展开更多
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 i...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?展开更多
The modern criminal justice system includes community corrections,which play a preventive role in lowering recidivism among offenders.However,some offenders continue to commit crimes during community corrections.This ...The modern criminal justice system includes community corrections,which play a preventive role in lowering recidivism among offenders.However,some offenders continue to commit crimes during community corrections.This research focuses on community corrections in Chinese community policing practice,particularly offender recidivism.The study collected a total of 500 questionnaires from offenders in the provincial administrative regions of northern China,which included first offense status,psychological status,and recidivism behavior.The study found that most recidivists are usually arrested for“drunk driving”,which may be related to their ability to exercise self-restraint,and that alcohol may contribute to their deviant behavior.Another important finding relates to young recidivists,who may have difficulty securing employment during community corrections and thus use crime again to gain income.In general,this study explores the offender population in Chinese community corrections practice and discusses the factors within it that influence offender recidivism.This may support law enforcement agencies in further evaluating the effectiveness of community corrections,and may provide new information for understanding community corrections in China.展开更多
Iron Maiden is one of the leading bands of the New Wave of British Heavy Metal (NWoBHM). The song lyrics of the first three albums deal, among other things, with the usual topics the youth of the time were concerned...Iron Maiden is one of the leading bands of the New Wave of British Heavy Metal (NWoBHM). The song lyrics of the first three albums deal, among other things, with the usual topics the youth of the time were concerned with (love, rebellion and resistance against the establishment), although they were viewed from a different angle: instead of love the lyrics talk about prostitution (Charlotte the Harlot), sexual harassment (Prowler), and juvenile criminality (Running Free). This paper aims, on the one hand to show an overview of the topics of the song lyrics from the earlier Iron Maiden albums, and on the other hand to examine the concrete consequences the lyrics had on the music of the band (text interpretation). During the 1980s, Iron Maiden began to diverge both musically (in the direction of experimental heavy metal) and thematically (among others, science fiction and war) from the NWoBHM. A further aim of this paper is to examine how much these new themes in the narrative influenced the music of Iron Maiden.展开更多
As the mainstream media describes Rodrigo Roa Duterte,the 16th President of the Republic of the Philippines,widespread generalizations emerged.He was the country's first Mindanaoan president and acquired popularit...As the mainstream media describes Rodrigo Roa Duterte,the 16th President of the Republic of the Philippines,widespread generalizations emerged.He was the country's first Mindanaoan president and acquired popularity among Filipinos by working on platforms to reduce drug addiction,corruption,and criminality,and received 39 percent of the vote in the 2016 Presidential Election.Back on the year 2016,during the first Presidential Debate,Duterte had sworn that he will eliminate the extensive propagation of drugs in the country with his first six months of authority.With the advent of his presidential campaign,arises the issue on extra-judicial killings from his ruthless hunt for drug pushers and users which is highly criticized by the human rights devotees.This was the cornerstone of Duterte's presidential campaign and the crime solution hallmark of his 22-year period as mayor of Davao City.While the president's critics state that this is unjust and immoral,this paper argues that Duterte's radical politics is necessary in the lessening if not total eradication of criminality and corruption that the country had been experiencing.Using the lens of Deontological Ethics and Utilitarian Ethics,this paper tries to explain Duterte's radical politics and why it is needed in the contemporary Philippine society.展开更多
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 m...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.展开更多
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 treati...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.展开更多
The paper,based on the concept of FOOTING,makes a multimodal discourse analysis of the relationship between the judge’s discourse and his footing shifts in a criminal courtroom.The results show that in the interactio...The paper,based on the concept of FOOTING,makes a multimodal discourse analysis of the relationship between the judge’s discourse and his footing shifts in a criminal courtroom.The results show that in the interaction,multimodal resources in judges’discourse include conversational features(prolonging keywords,interrupting,repeating,taking turns,etc.),acoustic ones(ascending F0 for pitches and d B for intensity,transition tracks between consonants and formants of vowels,duration of some keywords in important sentences,etc.),and visual ones(facing other parties,facing the materials,etc.).The multimodal resources activate different judges’footings,including ANIMATOR,ANIMATOR+AUTHOR and ANIMATOR+AUTHOR+PRINCIPAL,and identify the judge’s footing shifts in the courtroom.The results also demonstrate that the judge’s footing shifts perform the functions of trial organizing,information confirming,fact investigating,spokesperson of the collegial panel,law educating and so on in criminal trials.展开更多
As Chinese practitioners and scholars ponder the scope of fiduciary obligations under the country’s company law,this paper offers a comparative perspective from German law.Although German corporate law has not reject...As Chinese practitioners and scholars ponder the scope of fiduciary obligations under the country’s company law,this paper offers a comparative perspective from German law.Although German corporate law has not rejected legal transplants,the common law trust has never been accepted as an organizational device for administering third-party funds or doing business.Nonetheless,the German judiciary has developed a sophisticated concept of fiduciary obligations where the statutes remain silent.This paper explores the application of fiduciary obligations to limited partnerships,limited liability companies,and stock corporations.It takes a membership perspective to ascertain the legal relationships between a corporation and its shareholder-members and among fellow-shareholders,as business entities evolve from personalistic to capitalistic settings.Fiduciary obligations also inform the relationship between the corporation and its directors and corporate officers.Although German law does not classify directors and corporate officers as the shareholders’direct trustees,shareholders stand nonetheless to benefit from the way directors and corporate offices discharge their duties towards the respective corporate entities.Moreover,criminal law rules on embezzlement operate to protect the corporation and the monies it administers from overly risky business projects.展开更多
Criminal law consciousness, which is the theoretic base of criminal law, is the public's view, attitude and judge about a criminal conduct and the current criminal law. It is historical and cultural.The ethical ar...Criminal law consciousness, which is the theoretic base of criminal law, is the public's view, attitude and judge about a criminal conduct and the current criminal law. It is historical and cultural.The ethical arguement, "A murderer must repay with his life just like a borrower with money" is the concept to judge, the theoretic base of criminal law consciousness and the moral standard of Chinese. Oppositely, criminal law culture in western countries was based on humanism, which advocated human beings' independence, rational and value. These two different criminal law consciousnesses bring the different criminal legality and judicature.展开更多
Morley Callaghan is known as a great Canadian master of realistic literature in the 20th century.In his writing,he shows more interest in religion,morality,criminal psychology and so on.This paper attempts to analyze ...Morley Callaghan is known as a great Canadian master of realistic literature in the 20th century.In his writing,he shows more interest in religion,morality,criminal psychology and so on.This paper attempts to analyze the symbolism used in his short story"Watching and Writing".展开更多
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 ...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.展开更多
文摘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.
文摘Insofar as the right to free speech is constitutionally protected, the article distinguishes between opinions and facts. Whereas the former is protected as a free speech matter, the latter has nothing to do with the right to free expression Holocaust Denial concerns denying facts and therefore, it is not a question of freedom of speech. At the same vein, inquiring into the conceptual grounds of the theory of criminalization, the article provides that Holocaust Denial cannot and should not be criminalized.
文摘The focus of this study is the critical analysis of data related to Hispanic males and criminality, Factors, such as marital status, income level, age, and police contact, are measureable entities that are at the core of the statistical ,analysis, A cross-disciplinary approach provides a cultural context for the statistical world of numbers, The socially conflicting terms of masculinity and maleness will lead to a discussion of macho behavior and criminaliW, Macho behavior, often interpreted as aggressive, may arouse police suspicion, In this case, the police will stop Hispanic males because of their behavior, not necessarily because they committed a crime, This study will show that the cycle of poverty prevents Hispanic males of low-income families from contacting with the police, whereas uneducated Hispanic males must confirm their masculinity in a criminal behavior, CriminaliW, often associated with violence as machismo, is the social over compensation for a male inferiority complex that finds its origin in the Spanish conquest of South America,
基金the phased result of the Humanities and Social Science Research and Planning Fund Project of the Ministry of Education,titled“Research on Online Dispute Resolution Mechanisms:Theory,Rules,and Practice”(22YJA820036)Research Project on the Historical and Cultural Heritage,Essential Connotation and Mission of the Era of China’s Human Rights Development Path of the Beijing Research Center of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era(23LLFXA055)。
文摘Online criminal litigation transcends the constraints of physical time and space and changes the logic and path of trial hearings for some criminal cases with the help of technology.However,the leapfrog shift from the“physical field”to the“virtual field”has brought great challenges to the effective exercise of the defendant's right to defense.Online criminal justice further highlights the imbalance in the relationship between prosecution and defense in the context of smart justice,and proposes a new topic for protecting the human rights of the prosecuted.The introduction of online criminal litigation in judicial practice is intended to achieve justice in a faster and more convenient way.However,the dissipation of the ritualized remote hearings tends to undermine the effectiveness of the defense and impair the defense's ability to cross-examine evidence,while the technically advantageous public authorities can aggravate the barrier to the defense's meeting and reading the case file.The root cause is that technological power instrumentalism overemphasizes pragmatism and the pursuit of truth under the position of authority,thus diluting humanistic care for the subject of litigation.In order to resolve the problem with the quality and effectiveness of the right to defense in remote hearings,it is necessary to transform online criminal litigation from a“practical technical tool”to a“convenient auxiliary method,”and appropriately weigh the limits of pursuing truth against human rights protection in special scenarios.Meanwhile,it is also feasible to provide technical care for the defense and strengthen its ability to cross-examine evidence.Moreover,a covert communication platform should be furnished for the defender's online meeting to actively strengthen the protection of the defendant's right to defense.
基金a phased achievement of the Tianjin Philosophy and Social Science Planning Project“Systematic Study on the Justified Exoneration”(Project Number TJFXQN20-001)supported by the Fundamental Research Funds for the Central Universities“Research on Criminal Law Regulation of Family Offenses”(Project Number 63222047)。
文摘Domestic violence is a serious threat to the basic human rights of family members,especially victimized women.In order to effectively prevent domestic violence,the criminal law needs to respond in an appropriate and timely manner.However,the traditional criminal governance model suffers from the problem of the lagging involvement of public power.At the same time,the public-private partnership governance model,based on the personal safety protection order system stipulated in the Anti-domestic Violence Law of the People's Republic of China,is also flawed in its institutional design and specific implementation.The criminal governance model for domestic violence should be guided by the view of positive criminal law,and the governance path should be furtheroptimized from two aspects:strengthening the foundation of the public-private cooperation governance model and deepeningthe criminal-civil interface.This will help to fully protect the legitimate rights and interests of victims of domestic violence.
文摘Advances in technology require upgrades in the law. One such area involves data brokers, which have thus far gone unregulated. Data brokers use artificial intelligence to aggregate information into data profiles about individual Americans derived from consumer use of the internet and connected devices. Data profiles are then sold for profit. Government investigators use a legal loophole to purchase this data instead of obtaining a search warrant, which the Fourth Amendment would otherwise require. Consumers have lacked a reasonable means to fight or correct the information data brokers collect. Americans may not even be aware of the risks of data aggregation, which upends the test of reasonable expectations used in a search warrant analysis. Data aggregation should be controlled and regulated, which is the direction some privacy laws take. Legislatures must step forward to safeguard against shadowy data-profiling practices, whether abroad or at home. In the meantime, courts can modify their search warrant analysis by including data privacy principles.
文摘The main aim for discovery and development of the neurophysiological detector was detection of the production’ seats and criminal use of poisons in warfare. Phosphor-organic (PO) substances with acetylcholinesterase-blocking effects are prohibited in warfare by international law (Geneva Protocol. https://www.un.org/disarmament/wmd/bio/1925-geneva-protocol/). Monitoring PO analogs with acetylcholinesterase-blocking effects and their degradation products in water and soil can provide clues to unlawful production sites and the possible use of POs in warfare. Attempts to analyze POs by derivatization have had a low ability to detect them. A neurophysiological detector (NPD)-high-performance liquid chromatography (HPLC) system was developed for specific detection with high detection ability. The first official presentation of our NPD was at the 3<sup>rd</sup> International Symposium on Separation in BioSciences SBS 2003: A 100 Years of Chromatography, May 13-18, 2003, in Moscow, Russia. The NPD in connection to HPLC was developed 14 years before the presentation at the SBS in 2003. Initially, NPD combined with an HPLC system was developed for intelligence services and only for use in monitoring and espionage against the unlawful production of neuroparalytic agents, as explained in this article. NPD combined with an HPLC system was developed in Umeå, Sweden, in 1987-89;the protocol was further developed in Statens Plantevern Institutt, Ås, Norway, in 1990-92. NPD may have great utility during the current period of active warfare in Europe. The initial challenge was detecting unlawful production and use of PO compounds and their metabolites that can potentially block acetylcholinesterase. The sensor in NPD can detect and monitor substances such as tabun, soman, and modern PO poisons used in military applications. This article describes the history of the development of NPD and its aim as a sensitive sensor in detecting PO substances with acetylcholinesterase-blocking effects.
文摘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?
基金Grant No.(2019JWZD22),Granted by(Tianjin Municipal Education Commission).
文摘The modern criminal justice system includes community corrections,which play a preventive role in lowering recidivism among offenders.However,some offenders continue to commit crimes during community corrections.This research focuses on community corrections in Chinese community policing practice,particularly offender recidivism.The study collected a total of 500 questionnaires from offenders in the provincial administrative regions of northern China,which included first offense status,psychological status,and recidivism behavior.The study found that most recidivists are usually arrested for“drunk driving”,which may be related to their ability to exercise self-restraint,and that alcohol may contribute to their deviant behavior.Another important finding relates to young recidivists,who may have difficulty securing employment during community corrections and thus use crime again to gain income.In general,this study explores the offender population in Chinese community corrections practice and discusses the factors within it that influence offender recidivism.This may support law enforcement agencies in further evaluating the effectiveness of community corrections,and may provide new information for understanding community corrections in China.
文摘Iron Maiden is one of the leading bands of the New Wave of British Heavy Metal (NWoBHM). The song lyrics of the first three albums deal, among other things, with the usual topics the youth of the time were concerned with (love, rebellion and resistance against the establishment), although they were viewed from a different angle: instead of love the lyrics talk about prostitution (Charlotte the Harlot), sexual harassment (Prowler), and juvenile criminality (Running Free). This paper aims, on the one hand to show an overview of the topics of the song lyrics from the earlier Iron Maiden albums, and on the other hand to examine the concrete consequences the lyrics had on the music of the band (text interpretation). During the 1980s, Iron Maiden began to diverge both musically (in the direction of experimental heavy metal) and thematically (among others, science fiction and war) from the NWoBHM. A further aim of this paper is to examine how much these new themes in the narrative influenced the music of Iron Maiden.
文摘As the mainstream media describes Rodrigo Roa Duterte,the 16th President of the Republic of the Philippines,widespread generalizations emerged.He was the country's first Mindanaoan president and acquired popularity among Filipinos by working on platforms to reduce drug addiction,corruption,and criminality,and received 39 percent of the vote in the 2016 Presidential Election.Back on the year 2016,during the first Presidential Debate,Duterte had sworn that he will eliminate the extensive propagation of drugs in the country with his first six months of authority.With the advent of his presidential campaign,arises the issue on extra-judicial killings from his ruthless hunt for drug pushers and users which is highly criticized by the human rights devotees.This was the cornerstone of Duterte's presidential campaign and the crime solution hallmark of his 22-year period as mayor of Davao City.While the president's critics state that this is unjust and immoral,this paper argues that Duterte's radical politics is necessary in the lessening if not total eradication of criminality and corruption that the country had been experiencing.Using the lens of Deontological Ethics and Utilitarian Ethics,this paper tries to explain Duterte's radical politics and why it is needed in the contemporary Philippine society.
基金This work is supported in part by the National Key Research and Development Program of China under grants 2018YFC0830602 and 2016QY03D0501in part by the National Natural Science Foundation of China(NSFC)under grants 61872111,61732022 and 61601146.
文摘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.
文摘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.
基金This paper is funded by the National Social Science Foundation of China[Project No.:18BYY073].
文摘The paper,based on the concept of FOOTING,makes a multimodal discourse analysis of the relationship between the judge’s discourse and his footing shifts in a criminal courtroom.The results show that in the interaction,multimodal resources in judges’discourse include conversational features(prolonging keywords,interrupting,repeating,taking turns,etc.),acoustic ones(ascending F0 for pitches and d B for intensity,transition tracks between consonants and formants of vowels,duration of some keywords in important sentences,etc.),and visual ones(facing other parties,facing the materials,etc.).The multimodal resources activate different judges’footings,including ANIMATOR,ANIMATOR+AUTHOR and ANIMATOR+AUTHOR+PRINCIPAL,and identify the judge’s footing shifts in the courtroom.The results also demonstrate that the judge’s footing shifts perform the functions of trial organizing,information confirming,fact investigating,spokesperson of the collegial panel,law educating and so on in criminal trials.
文摘As Chinese practitioners and scholars ponder the scope of fiduciary obligations under the country’s company law,this paper offers a comparative perspective from German law.Although German corporate law has not rejected legal transplants,the common law trust has never been accepted as an organizational device for administering third-party funds or doing business.Nonetheless,the German judiciary has developed a sophisticated concept of fiduciary obligations where the statutes remain silent.This paper explores the application of fiduciary obligations to limited partnerships,limited liability companies,and stock corporations.It takes a membership perspective to ascertain the legal relationships between a corporation and its shareholder-members and among fellow-shareholders,as business entities evolve from personalistic to capitalistic settings.Fiduciary obligations also inform the relationship between the corporation and its directors and corporate officers.Although German law does not classify directors and corporate officers as the shareholders’direct trustees,shareholders stand nonetheless to benefit from the way directors and corporate offices discharge their duties towards the respective corporate entities.Moreover,criminal law rules on embezzlement operate to protect the corporation and the monies it administers from overly risky business projects.
文摘Criminal law consciousness, which is the theoretic base of criminal law, is the public's view, attitude and judge about a criminal conduct and the current criminal law. It is historical and cultural.The ethical arguement, "A murderer must repay with his life just like a borrower with money" is the concept to judge, the theoretic base of criminal law consciousness and the moral standard of Chinese. Oppositely, criminal law culture in western countries was based on humanism, which advocated human beings' independence, rational and value. These two different criminal law consciousnesses bring the different criminal legality and judicature.
文摘Morley Callaghan is known as a great Canadian master of realistic literature in the 20th century.In his writing,he shows more interest in religion,morality,criminal psychology and so on.This paper attempts to analyze the symbolism used in his short story"Watching and Writing".
文摘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.