Protection of criminals＇ human rights is an important issue that has received full atten- tion at home and abroad. The Communist Party of China （CPC） has always attached much importance to the protection of crimin...Protection of criminals＇ human rights is an important issue that has received full atten- tion at home and abroad. The Communist Party of China （CPC） has always attached much importance to the protection of criminals＇ human rights. Since the founding of New China, the Party and the state have paid full attention to protecting the human rights of criminals.展开更多
It is said that money can buy just about anything, and if a trend in China’s criminal proceedings is to be believed, a new version of payola is alive and flourishing.
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
With a view to severely punishing criminals who abduct and traffic in or kidnap women or children so as to protect the personal safety of women and children and maintain the public security order, the relevant provisi...With a view to severely punishing criminals who abduct and traffic in or kidnap women or children so as to protect the personal safety of women and children and maintain the public security order, the relevant provisions of the Criminal Law are supplemented or amended as follows: 1. Whoever abducts and traffics in a woman or a child shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and shall concurrently be punished with a展开更多
The People’s Procuratorate of Ningbo,in east China’s Zhejiang Province,became the center of controversy when it implemented a program to deal with minor crime offenders,which is known as "good deeds for nonpros...The People’s Procuratorate of Ningbo,in east China’s Zhejiang Province,became the center of controversy when it implemented a program to deal with minor crime offenders,which is known as "good deeds for nonpros-ecution."展开更多
The judicial application of digital evidence in criminal cases(criminal digital evidence)is an inevitable trend for the digital transformation of criminal proceedings in the macro context of the digital economy.It is ...The judicial application of digital evidence in criminal cases(criminal digital evidence)is an inevitable trend for the digital transformation of criminal proceedings in the macro context of the digital economy.It is characterized by digitization,diversification,and traceability.The application of criminal digital evidence can be divided into two main scenarios:the vertical scenario involving phases such as filing,prosecution,and trial;the horizontal scenario related to specific types of crimes.Criminal digital evidence is primarily applied to handling non-contact crimes,such as cybercrimes.However,the application of such evidence may infringe upon the basic rights of suspects,including their rights to privacy,rights to know,and rights to defense.Furthermore,the diversified and non-systematic nature of digital evidence may lead to challenges in applying the law,particularly with algorithmic“black boxes,”which can result in judicial discrimination and other drawbacks.Therefore,it is necessary to formulate or improve the regulatory framework for criminal digital evidence to ensure its lawful and standardized application.Additionally,judicial authorities must strengthen collaboration in case handling to ensure smooth coordination in collecting and applying digital evidence,thereby realizing its efficient litigation value.Furthermore,it is essential to check and balance the algorithm-based conviction and sentencing to protect the legitimate rights and interests of the parties involved,achieving high-quality human rights protection.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
The medical device and pharmaceutical industries include a range of drugs,machines,instruments,and apparatuses used to prevent,diagnose,treat disease and illness,or aid in rehabilitation for patients,and are expected ...The medical device and pharmaceutical industries include a range of drugs,machines,instruments,and apparatuses used to prevent,diagnose,treat disease and illness,or aid in rehabilitation for patients,and are expected to grow substantially in the coming years.However,they are often targets of criminal organizations who manufacture and profit from fraudulent products,infiltrating the market with counterfeit medical supply chains.In this paper,we discuss and analyze the extent and nature of this problem and make suggestions for mitigation and prevention of this worldwide challenge.Ultimately,we argue that a holistic approach is essential to addressing this problem,including the creation and dissemination of reliable and good quality data,developing healthcare systems to be more robust,establishing/enhancing intra‐and international cooperation around this issue,and employing effective technological solutions,such as digital tracing.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
Two aggression questionnaires, the Revised Swedish Version (AQ-RSV) of the Buss-Perry Aggression Questionnaire (AQ) and the shortened and refined version by Bryant and Smith (BS-AQ) were compared. Both questionnaires ...Two aggression questionnaires, the Revised Swedish Version (AQ-RSV) of the Buss-Perry Aggression Questionnaire (AQ) and the shortened and refined version by Bryant and Smith (BS-AQ) were compared. Both questionnaires identified subscore levels of aggression and there were significant differences between the groups. On the AQ-RSV subscales, the violent inmates showed statistically significantly more aggression for Hostility (p = 0.000), Anger (p = 0.000), Physical Aggression (p = 0.000) and Verbal Aggression (p = 0.01) than the healthy (non-violent) men. The bodybuilders, all “on” performance-enhancing substances, scored significantly higher on the Physical Aggression subscale than the healthy men (p = 0.000). Compared to the bodybuilders, the violent inmates scored significantly higher on the Anger (p = 0.02) and Hostility (p = 0.002) subscales. For the BS-AQ, where general variance was higher than for the original AQ, some of the above mentioned relationships were different. The violent inmates still scored significantly higher than the healthy men for Hostility (p = 0.000), Anger (p = 0.006) and Physical Aggression (p = 0.000), but not for Verbal Aggression. The inmates scored significantly higher than the bodybuilders for Anger (p = 0.006) and Verbal Aggression (p = 0.006), and the bodybuilders scored higher than the healthy men on the Physical Aggression (p = 0.002) subscale only. These and other more complex relationships are discussed in the light of previous findings. Thus the BS-AQ resulted in more sharply defined relationships and, at the same time, showed some important differences between the groups studied. Verbal Aggression does not seem to distinguish violent inmates from healthy men. Angry bodybuilders tend to express their aggression through Physical Aggression.展开更多
文摘Protection of criminals＇ human rights is an important issue that has received full atten- tion at home and abroad. The Communist Party of China （CPC） has always attached much importance to the protection of criminals＇ human rights. Since the founding of New China, the Party and the state have paid full attention to protecting the human rights of criminals.
文摘It is said that money can buy just about anything, and if a trend in China’s criminal proceedings is to be believed, a new version of payola is alive and flourishing.
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With a view to severely punishing criminals who abduct and traffic in or kidnap women or children so as to protect the personal safety of women and children and maintain the public security order, the relevant provisions of the Criminal Law are supplemented or amended as follows: 1. Whoever abducts and traffics in a woman or a child shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and shall concurrently be punished with a
文摘The People’s Procuratorate of Ningbo,in east China’s Zhejiang Province,became the center of controversy when it implemented a program to deal with minor crime offenders,which is known as "good deeds for nonpros-ecution."
文摘The judicial application of digital evidence in criminal cases(criminal digital evidence)is an inevitable trend for the digital transformation of criminal proceedings in the macro context of the digital economy.It is characterized by digitization,diversification,and traceability.The application of criminal digital evidence can be divided into two main scenarios:the vertical scenario involving phases such as filing,prosecution,and trial;the horizontal scenario related to specific types of crimes.Criminal digital evidence is primarily applied to handling non-contact crimes,such as cybercrimes.However,the application of such evidence may infringe upon the basic rights of suspects,including their rights to privacy,rights to know,and rights to defense.Furthermore,the diversified and non-systematic nature of digital evidence may lead to challenges in applying the law,particularly with algorithmic“black boxes,”which can result in judicial discrimination and other drawbacks.Therefore,it is necessary to formulate or improve the regulatory framework for criminal digital evidence to ensure its lawful and standardized application.Additionally,judicial authorities must strengthen collaboration in case handling to ensure smooth coordination in collecting and applying digital evidence,thereby realizing its efficient litigation value.Furthermore,it is essential to check and balance the algorithm-based conviction and sentencing to protect the legitimate rights and interests of the parties involved,achieving high-quality human rights protection.
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The medical device and pharmaceutical industries include a range of drugs,machines,instruments,and apparatuses used to prevent,diagnose,treat disease and illness,or aid in rehabilitation for patients,and are expected to grow substantially in the coming years.However,they are often targets of criminal organizations who manufacture and profit from fraudulent products,infiltrating the market with counterfeit medical supply chains.In this paper,we discuss and analyze the extent and nature of this problem and make suggestions for mitigation and prevention of this worldwide challenge.Ultimately,we argue that a holistic approach is essential to addressing this problem,including the creation and dissemination of reliable and good quality data,developing healthcare systems to be more robust,establishing/enhancing intra‐and international cooperation around this issue,and employing effective technological solutions,such as digital tracing.
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Two aggression questionnaires, the Revised Swedish Version (AQ-RSV) of the Buss-Perry Aggression Questionnaire (AQ) and the shortened and refined version by Bryant and Smith (BS-AQ) were compared. Both questionnaires identified subscore levels of aggression and there were significant differences between the groups. On the AQ-RSV subscales, the violent inmates showed statistically significantly more aggression for Hostility (p = 0.000), Anger (p = 0.000), Physical Aggression (p = 0.000) and Verbal Aggression (p = 0.01) than the healthy (non-violent) men. The bodybuilders, all “on” performance-enhancing substances, scored significantly higher on the Physical Aggression subscale than the healthy men (p = 0.000). Compared to the bodybuilders, the violent inmates scored significantly higher on the Anger (p = 0.02) and Hostility (p = 0.002) subscales. For the BS-AQ, where general variance was higher than for the original AQ, some of the above mentioned relationships were different. The violent inmates still scored significantly higher than the healthy men for Hostility (p = 0.000), Anger (p = 0.006) and Physical Aggression (p = 0.000), but not for Verbal Aggression. The inmates scored significantly higher than the bodybuilders for Anger (p = 0.006) and Verbal Aggression (p = 0.006), and the bodybuilders scored higher than the healthy men on the Physical Aggression (p = 0.002) subscale only. These and other more complex relationships are discussed in the light of previous findings. Thus the BS-AQ resulted in more sharply defined relationships and, at the same time, showed some important differences between the groups studied. Verbal Aggression does not seem to distinguish violent inmates from healthy men. Angry bodybuilders tend to express their aggression through Physical Aggression.
