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
Racial discrimination remains a prevalent issue in the contemporary U.S.despite efforts to promote equality.Many young African American and Hispanic males are easy target for law enforcement agents.Minorities experien...Racial discrimination remains a prevalent issue in the contemporary U.S.despite efforts to promote equality.Many young African American and Hispanic males are easy target for law enforcement agents.Minorities experience a higher and more unfair form of racial discrimination,racial profiling,police brutality,unfair sentencing,and mass incarceration for offences which are the same or less than those committed by White males.The rate of incarceration in the United States is five to eight times higher than most developed countries,and Black males constitute the largest percentage of inmates in the U.S.prison system.Once arrested,Black Americans are more likely to remain in prison longer,and await trial for minor offenses at a higher rate than Whites.Black and Latino males sentenced in state and federal courts face significantly greater odds of incarceration than White offenders for the same or even higher crimes.Vagins and McCurdy in a 2006 ACLU on“cracks in the system”reported that“There is no rational medical or penological reason for the 100:1 disparity between crack and powder cocaine and instead it causes an unjustified racial disparity in our penal system”(p.7).There is a racial disparity in the proportion of Black males in prison serving sentences of life without the possibility of parole(LWOP).In addition,The United States Criminal Justice System needs to be carefully examined as a top priority agenda needing immediate call of action that needs reform to guarantee the constitutional rights accorded to every American“with liberty and justice for all”.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
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
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 f...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.展开更多
The aim of the article is to show that Professor Cie?lak is the founder of the scientific school of philosophical and legal thought in criminal proceedings and five thoughts belonging to this school regarding the subj...The aim of the article is to show that Professor Cie?lak is the founder of the scientific school of philosophical and legal thought in criminal proceedings and five thoughts belonging to this school regarding the subject of the criminal process, the identity of a deed, participants in the process, the burden of the proof, the obligation of proving, and division the grounds for detention. Professor Cie?lak was one of the most distinguished Polish lawyers and scientists, and had a great influence on shaping views on the law, primarily in theory, but also in practice. His concepts result from his theoretical and philosophical research on the law and are also timeless, remotely dependent on the legislation currently in existence.展开更多
The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object (or aid recipient)...The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object (or aid recipient) is a party in a given legal case, who is granted legal aid. They are often among the disadvantaged group in criminal cases, since most of them are mentally challenged, lack free- dom or have health problems.' Both international and domestic laws have certain norms regarding objects of criminal legal aid. Our domestic law places more emphasis on "defen- dants" while downplaying "suspects" and "victims" in identifying objects.展开更多
Establishing the food and drug police system is particularly important for effectively striking at illegal and criminal activities related to food and drug. This study firstly revealed actual background of establishme...Establishing the food and drug police system is particularly important for effectively striking at illegal and criminal activities related to food and drug. This study firstly revealed actual background of establishment of the food and drug police system. Taking the high profile gutter oil case in 2013 as an example,it analyzed advantages of the police in food safety supervision. Then,it summarized some pilot projects in China and analyzed characteristics of the Office of Criminal Investigations of FDA. Finally,it came up with problems and recommendations for improving food and drug police system.展开更多
With the acceleration of industrialization,urbanization,as well as the reform and opening-up,the amount of migrant workers is increasing sharply. However,the specialty of criminal cases is ignored,rights of migrant fa...With the acceleration of industrialization,urbanization,as well as the reform and opening-up,the amount of migrant workers is increasing sharply. However,the specialty of criminal cases is ignored,rights of migrant farmers and legal aids for them are neglected,making them commit crimes for lack of basic knowledge of laws and failing to be treated with fairness. The aim of enjoying human rights is a failure.Based on the legal aids for migrant workers,the paper discusses how to protect legal rights of migrant workers in criminal cases and make them enjoy fairness of laws,making laws play a true part in criminal cases and fulfill the aim of human rights protection.展开更多
In this era of dramatic,rampant,and incessant political change,predictions about the future can no longer be based either on conventional wisdom or historical precedent.Criminals have learned to take advantage of the ...In this era of dramatic,rampant,and incessant political change,predictions about the future can no longer be based either on conventional wisdom or historical precedent.Criminals have learned to take advantage of the dynamic globalization and the opening of borders in new and dangerous ways.In response to the global crime and human rights problems,this paper is an introduction to some of these developments in criminal justice system to fight crimes and to prevent human rights.Furthermore,this paper will also examine“sense of justice in criminal process”,and identifies“basic dilemma”problems in existing legal of criminal justice and human rights.It contains a series of new ideas that a disruptor to the judiciary system and policy-maker reforms aid in the prevention of criminalization to citizen rights and change impacts the criminal justice system to protect human rights to be seen globalization change justice for societies.展开更多
After a rape, woman who is pregnamt often elect to abort the fetus.The authors describe 2 cases witers genetic markers ABO, MN,Rh,PGM1,EsD,ACP,GLOI,GPT,HP,Cc and HLA-A,-B were tasted on the aborted fetal material to p...After a rape, woman who is pregnamt often elect to abort the fetus.The authors describe 2 cases witers genetic markers ABO, MN,Rh,PGM1,EsD,ACP,GLOI,GPT,HP,Cc and HLA-A,-B were tasted on the aborted fetal material to provide evidence of the genetic constitution of the rapist The results showed that this type of testing is possible for prenatal paternity identification.展开更多
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Racial discrimination remains a prevalent issue in the contemporary U.S.despite efforts to promote equality.Many young African American and Hispanic males are easy target for law enforcement agents.Minorities experience a higher and more unfair form of racial discrimination,racial profiling,police brutality,unfair sentencing,and mass incarceration for offences which are the same or less than those committed by White males.The rate of incarceration in the United States is five to eight times higher than most developed countries,and Black males constitute the largest percentage of inmates in the U.S.prison system.Once arrested,Black Americans are more likely to remain in prison longer,and await trial for minor offenses at a higher rate than Whites.Black and Latino males sentenced in state and federal courts face significantly greater odds of incarceration than White offenders for the same or even higher crimes.Vagins and McCurdy in a 2006 ACLU on“cracks in the system”reported that“There is no rational medical or penological reason for the 100:1 disparity between crack and powder cocaine and instead it causes an unjustified racial disparity in our penal system”(p.7).There is a racial disparity in the proportion of Black males in prison serving sentences of life without the possibility of parole(LWOP).In addition,The United States Criminal Justice System needs to be carefully examined as a top priority agenda needing immediate call of action that needs reform to guarantee the constitutional rights accorded to every American“with liberty and justice for all”.
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.
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.
基金Supported by a Grant-in-Aid for Scientific Research from the Ministry of Health,Labour and Welfare of Japan,for "Iryo-kansatsu-ho iryo ni tazusawaru jinzai no kakuho to chiiki tokusei wo fumaeta senmonka no ikusei[Cultivating of human resources engaged in the MTS Act and expert training based on regional characteristics]"
文摘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.
文摘The aim of the article is to show that Professor Cie?lak is the founder of the scientific school of philosophical and legal thought in criminal proceedings and five thoughts belonging to this school regarding the subject of the criminal process, the identity of a deed, participants in the process, the burden of the proof, the obligation of proving, and division the grounds for detention. Professor Cie?lak was one of the most distinguished Polish lawyers and scientists, and had a great influence on shaping views on the law, primarily in theory, but also in practice. His concepts result from his theoretical and philosophical research on the law and are also timeless, remotely dependent on the legislation currently in existence.
文摘The object of criminal legal aid refers to the person in a criminal case who has the right or eligibility toapply for legal assistance and who receives it. According to jurispru- dence, the object (or aid recipient) is a party in a given legal case, who is granted legal aid. They are often among the disadvantaged group in criminal cases, since most of them are mentally challenged, lack free- dom or have health problems.' Both international and domestic laws have certain norms regarding objects of criminal legal aid. Our domestic law places more emphasis on "defen- dants" while downplaying "suspects" and "victims" in identifying objects.
基金Supported by Project of National Natural Science Foundation(71173225)
文摘Establishing the food and drug police system is particularly important for effectively striking at illegal and criminal activities related to food and drug. This study firstly revealed actual background of establishment of the food and drug police system. Taking the high profile gutter oil case in 2013 as an example,it analyzed advantages of the police in food safety supervision. Then,it summarized some pilot projects in China and analyzed characteristics of the Office of Criminal Investigations of FDA. Finally,it came up with problems and recommendations for improving food and drug police system.
文摘With the acceleration of industrialization,urbanization,as well as the reform and opening-up,the amount of migrant workers is increasing sharply. However,the specialty of criminal cases is ignored,rights of migrant farmers and legal aids for them are neglected,making them commit crimes for lack of basic knowledge of laws and failing to be treated with fairness. The aim of enjoying human rights is a failure.Based on the legal aids for migrant workers,the paper discusses how to protect legal rights of migrant workers in criminal cases and make them enjoy fairness of laws,making laws play a true part in criminal cases and fulfill the aim of human rights protection.
文摘In this era of dramatic,rampant,and incessant political change,predictions about the future can no longer be based either on conventional wisdom or historical precedent.Criminals have learned to take advantage of the dynamic globalization and the opening of borders in new and dangerous ways.In response to the global crime and human rights problems,this paper is an introduction to some of these developments in criminal justice system to fight crimes and to prevent human rights.Furthermore,this paper will also examine“sense of justice in criminal process”,and identifies“basic dilemma”problems in existing legal of criminal justice and human rights.It contains a series of new ideas that a disruptor to the judiciary system and policy-maker reforms aid in the prevention of criminalization to citizen rights and change impacts the criminal justice system to protect human rights to be seen globalization change justice for societies.
文摘After a rape, woman who is pregnamt often elect to abort the fetus.The authors describe 2 cases witers genetic markers ABO, MN,Rh,PGM1,EsD,ACP,GLOI,GPT,HP,Cc and HLA-A,-B were tasted on the aborted fetal material to provide evidence of the genetic constitution of the rapist The results showed that this type of testing is possible for prenatal paternity identification.