Challenges to Online Criminal Litigation in the Context of Smart Justice and Responses——Focusing on the Protection of the Right to Defense

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.

Research on the Innovative Path of Integrating Qilu Costume Culture into Aesthetic Education in Elementary Schools

Inheriting and promoting the excellent traditional Chinese culture should begin with the youth,as elementary school aesthetic education plays a crucial role in this process of cultural dissemination.At present,elementary school aesthetic education mainly focuses on traditional fields such as art,music,dance,calligraphy,etc.,and there is still much room for innovation in communication carriers and paths.Based on this status quo,combining professional and regional advantages,this article proposes to take Qilu characteristic costume culture as a carrier to integrate the innovation of excellent traditional Chinese culture into elementary school aesthetic education.It aims to cultivate humanistic literacy and a sense of belonging in school-age children and establish cultural confidence.

Ending Privacy’s Gremlin: Stopping the Data-Broker Loophole to the Fourth Amendment’s Search Warrant Requirement

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.

Book Review of A Rainbow in the Mountains:Dress of the Yao—A Guide to Traditional Yao Costumes and Ornaments

A Rainbow in the Mountains:Dress of the Yao,an album of pictures and texts on Yao clothing,the most comprehensive and systematic record of the dazzling costumes of the Yao ethnic minority which has been inscribed on the national intangible cultural heritage list of China since 2006,is of great academic value and practical significance to study the profound connotation of the Yao traditional culture.The various styles,colorful dress customs,and exquisite craftsmanship constitute the beautiful cultural landscape within the Yao ethnic minority,as well as the way to explore all the social aspects of the Yao ethnic minority.This book review aims to arouse the attention of all sectors of the community to the clothing of the Yao ethnic minority,which has met the greatest challenge of the collection and protection of the Yao costumes and ornaments.Thus it is expected to sort out and retain those precious records that have been drifting away via pictures and texts,which we have already started and will continue to do in accord with the national cultural development strategy.

Review: Practical Use of a Neurophysiological Detector and the Protocol for High-Performance Liquid Chromatography

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 3rd 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.

The Criminal Governance Model of Domestic Violence and Its Legislative Improvement

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.

Application of Patchwork Art Form in Traditional Costumes:A Case Study of Baijia Clothes

Patchwork art culture has a long history and is also a kind of aestheticism fashion popular in the internet.Patchwork art of Baijia clothes is taken as the research object,and various application of patchwork art in Chinese traditional costumes in past thousand years is explained.As cultural identity of the Chinese nation,patchwork continuously nourishes and enriches world cultural relics.Its application research not only could bring rich inspiration for modern costume art but also has important actual significance and higher historical value.

The Structural Characteristics of Side-Opening Costumes during the Republic Period of China

The structural characteristics of Chinese side-opening costumes during the Republic Period of China were investigated.By measuring and recovering the physical structures of side-opening costume objects from the Folk Costumes Biography Museum of Jiangnan University,three structural characteristics were analyzed.These structural characteristics show that most of the side-opening costumes during the Republic Period of China remain traditional Chinese costume structures.The general structural characteristics of side-opening costumes are concluded and the structural cutting methods can inspire current designs as well as provide useful references for contemporary fashion designers.

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.

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.

The HIV Infection: Clarification of Its Legal Classification of Transmission and Measures to Protect Societies from Burdening Caused by Social and Medical Care Services for the Coming Decades

This article addresses issues regarding the transmission of HIV;without the combination antiretroviral treatment (cART), HIV causes a fatal outcome of those infected in most cases. First, legal issues: For years, controversial discussions have dealt with the subject of the legal classification of HIV infection, such as “… criminalization of HIV exposure might limit access to and uptake of HIV prevention services…” Based on the rule of law of a constitutional state, we explain the legal principles that serve to protect the legal rights of its citizens. The state has to protect its citizens from harm by other people. The prosecution and conviction of a specific person for a proven HIV infection are legal. Therefore, general decriminalization of HIV infection would undermine the right of thereby harmed citizens to compensation. Second, HIV prevention strategies: Based on the Test and Treatment Strategy (TASP)1, controlled studies were undertaken to find out which framework conditions could improve their benefit. We outline concepts that can help to curb the still ongoing spread of HIV: By providing early HIV diagnosis and ongoing HIV care services as part of updated education and prevention campaigns. Also, concerted, comprehensive campaigns are required to demonstrate further impacts of HIV infection: Both on the quality of life of infected individuals due to the development of non-communicable diseases and the increasing burden to societies as a whole.

Redrawing Frescoes of Dunhuang Grottoes and Their Application in Costume History Research

This paper explores the relationship between costume history research and the redrawing of frescoes of Dunhnang Grottoes. Redrawing frescoes could provide evidences for costume history research, and the research can correspondingly help the rodrawing. Redrawing frescoes, for the purpose of costume history study, must comply with some specific rules, which are different from those of other studies. The present study also discusses the methods to distinguish, the original fresco colors that have faded or changed after more than one thousand years.

Chinese Costumes and the Spirit of Chinese Aesthetics

The aesthetics of Chinese costume is the crystallization of traditional Chinese artistry and at the same time is not without dregs, such as the suppression of its subjectivity, restraint of human body and segregation of different social classes. In contemporary China, Chinese costume keeps changing with the aesthetic needs of the time. Under such circumstances, filtration, screening and sublation have become the basic methods to inherit and carry forward the essence of traditional Chinese costume. It is contemporary Chinese people's due responsibility to demonstrate the spirit of Chinese aesthetics via dressing, take the initiative to spread such a spirit, and showcase the unique charm of Chinese aesthetics by the light of nature.

The Contemporary Enlightenment of Shaw Brothers’ Historical and Swordsman Films’ Communication

Shaw Brothers (Hong Kong) Limited and its films have a wide range of influence around the world. In the contemporary era, the communication of the Shaw costume films, emphasises the humanity’s classical appeal and invisible revival motivation. Also, it puts great emphasis on the trend from heroic monologue to discourse equality. The essay focuses on the aesthetic style and cultural connotation of the costume swordsman martial arts films directed by Zhang Che and Chu Yuan, revealing how the combination of the cultural psychology and Shaw’s management model have jointly accomplished Shaw’s films’ glorious time for decades in Hong Kong. Furthermore, it proves that how the cultural mentality of the martial arts “King of the Forerunner” has affected the transformation and development of Shaw Brothers, and how the status of costume martial arts films were changed in contemporary communication.

The Determinants of the Italian Support to International Criminal Courts

Since the beginning of the 1990s, Italian foreign policy actors have showed a steady and bipartisan commitment to international criminal justice institutions, the International Criminal Tribunal for the former Yugoslavia （ICTY） and the International Criminal Court （ICC） in particular. This paper aims at investigating the determinants of Italian foreign policy decisions to support and actively sponsor such institutions, as well as at providing a valuable account of the trajectory of the Italian foreign policy decisions with regards the issue under analysis. Starting with an historical account of the Italian contribution to the establishment of the ICTY and the ICC, the analysis will then focus on the internal and external determinants that may have contributed to the formulation of the Italian foreign policy. In this connection, the role played by political elites and their ideas about the Italian aspirated role as a responsible and ethical foreign policy actor will emerge as particularly relevant. Moreover, as observed in other cases connected to the Italian foreign policy in the broader area of human rights, Italy＇s commitment to international values raises the issue of the Country＇s incoherence as for the national implementation of those same values.

Chinese Procuratorialsupervision of the Implementation of Criminal Profile

In the criminal justice system, the criminal execution though is the last part, but with the conviction and sentencing of the system have the same importance. Criminal conviction and sentencing execution is guaranteed to achieve, but also fairness and justice contained in the Criminal Code. In criminal law enforcement issues related to research more deeply refined today, supervision of Criminal changes have also been made to perform individually and have a very important significance. A direct result of the implementation of the activities of Criminal debtor prison of term prison sentences and the way to change the location, and the status of implementation as well as criminal penalties for the personal interests are closely related, and therefore it is a very, important enforcement regime. Under our current legal environment, the high amount of crime, large numbers of people in custody are restdting in criminal arduous tasks. It is coupled with the existing legal provisions for change-flawed execution of supervision that is extremely prone to change in the course of execution carried favoritism, money corruption. Meanwhile, the new introduction of the ＂Criminal Law Amendment eight,＂ is for which the commutation, parole perform content changes made adjustments and changes.But for the first time, it provides for community corrections system officially to be incorporated into China＇ s Criminal Law among but the corresponding lack of prosecutorial oversight and other content specific legal provisions, changes are related to the implementation of community Corrections supervision given probation, parole, probation and other penalties to bring the practical operation of the nroblerns.

What Do Iron Maiden Tell Us？ An Attempt to Explain the Enormous Popularity of This Band Based on the Song Lyrics From 1980 Until 1983

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.

Analysis on the Significance of Ancient Chinese Corporal Punishment Reform to the Progress of the Penalty System

Since the ＂five -punishment＂ system was established from the period of the slavery society of the Western Zhou Dynasty, corporal punishment has been always in existence as a tool used by the rulers to punish people in ancient China. Although corporal punishment was abolished in the punishment sentencing reform of Emperor Wen of Han, it was further developed and improved in the penalty system of the Sui and Tang dynasties. However, it was restored in the Song, Liao, Yuan, Ming, and Qing Dynasties, etc. From the studies of the corporal punishment change, the reform law of the penal system in ancient China can be found, and also the significance of ancient Chinese corporal punishment reform to the progress of criminal penalty can be sought. Meanwhile, it is of vital significance to knowing well the development of China＇s legal history and improving the current penal system.

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.