With the development of information technology,the online retrieval of remote electronic data has become an important method for investigative agencies to collect evidence.In the current normative documents,the online...With the development of information technology,the online retrieval of remote electronic data has become an important method for investigative agencies to collect evidence.In the current normative documents,the online retrieval of electronic data is positioned as a new type of arbitrary investigative measure.However,study of its actual operation has found that the online retrieval of electronic data does not fully comply with the characteristics of arbitrary investigative measures.The root cause is its inaccurately defined nature due to analogy errors,an emphasis on the authenticity of electronic data at the cost of rights protection,insufficient effectiveness of normative documents to break through the boundaries of law,and superficial inconsistency found in the mechanical comparison with the nature of existing investigative measures causes.The nature of electronic data retrieved online should be defined according to different circumstances.The retrieval of electronic data disclosed on the Internet is an arbitrary investigative measure,and following procedural specifications should be sufficient.When investigators conceal their true identities and enter the cyberspace of the suspected crime through a registered account to extract dynamic electronic data for criminal activities,it is essentially a covert investigation in cyberspace,and they should follow the normative requirements for covert investigations.The retrieval of dynamic electronic data from private spaces is a technical investigative measure and should be implemented in accordance with the technical investigative procedures.Retrieval of remote“non-public electronic data involving privacy”is a mandatory investigative measure,and is essentially a search in the virtual space.Therefore,procedural specifications should be set in accordance with the standards of searching.展开更多
The property rights of a criminal suspect are an important component of human rights,but,unfortunately,may be restrained by factors in the investigation process like judicial stereotypes,legal regulations,and a lack o...The property rights of a criminal suspect are an important component of human rights,but,unfortunately,may be restrained by factors in the investigation process like judicial stereotypes,legal regulations,and a lack of initiative on the part of the rights holder,which,from time to time,may result in infringements of such rights.Thus it is necessary for us to probe into the reasons why such infringements occur and sort out the contents about enhancing property rights protection of criminal suspects in the amendment to Criminal Procedure Law.To counter the existing disregard for property rights protection of criminal suspects and its legislative deficiency,judicial reform must be carried out as to three aspects:procedural improvement,institutional establishment,and judicial transformation property rights ideas in criminal proceedings.展开更多
When criminal suspects are being investigated for criminal responsibil- ity, they are the most vulnerable to infringement by public power. Thus, they need more special attention and protection. It is the in- evitable ...When criminal suspects are being investigated for criminal responsibil- ity, they are the most vulnerable to infringement by public power. Thus, they need more special attention and protection. It is the in- evitable requirement of the modern democratic rule of law, and also the inevitable historic choice of respecting and protecting human rights.展开更多
At the legislative level in China,there has been insufficient theoretical preparation to explicitly include“sexual autonomy”within the scope of general personality rights.In handling the increasing number of dispute...At the legislative level in China,there has been insufficient theoretical preparation to explicitly include“sexual autonomy”within the scope of general personality rights.In handling the increasing number of disputes related to violations of“sexual autonomy,”judicial biases have emerged during the trial process when courts determine the attribute of the right to“sexual autonomy.”This situation necessitates a clear legal analysis of the concept and attributes of“sexual autonomy”to establish its essential attribute as a personality right,and,from the perspective of legal doctrine,enable the justification of the right to“sexual autonomy”as either a general personality right or other personality interests,thereby providing theoretical support for courts to“adjudicate according to law.”By delineating and categorizing instances of violations of“sexual autonomy,”the constitutive elements and fundamental characteristics of such violations can be clarified.By examining the legal norms governing civil litigation and civil litigation associated with criminal cases concerning violations of“sexual autonomy,”the responsibility determination,remedies,and existing regulatory loopholes regarding violations of“sexual autonomy,”especially in cases involving both criminal and civil matters,can be defined.Based on this foundation,the legal basis,determination mechanism,and compensation standards for claiming compensation for mental damages resulting from violations of“sexual autonomy”can be elucidated.展开更多
Chairman Luo Haocai served as the president of CSHRS from 2007 to 2016.During those nine years, he built deep friendships with researchers on human rights.Because President Luo served as vice chairman of the National ...Chairman Luo Haocai served as the president of CSHRS from 2007 to 2016.During those nine years, he built deep friendships with researchers on human rights.Because President Luo served as vice chairman of the National Committee of CPPCC for a long time, we were used to calling him "Chairman Luo." Chairman Luo was a leader with strategic and overall awareness, a scholar-official, an elder with a young mentality, and a motivator and protector of young people.展开更多
基金the phased research result of the Supreme People’s Procuratorate’s procuratorial theory research program“Research on the Governance Problems of the Crime of Aiding Information Network Criminal Activities”(Project Approval Number GJ2023D28)。
文摘With the development of information technology,the online retrieval of remote electronic data has become an important method for investigative agencies to collect evidence.In the current normative documents,the online retrieval of electronic data is positioned as a new type of arbitrary investigative measure.However,study of its actual operation has found that the online retrieval of electronic data does not fully comply with the characteristics of arbitrary investigative measures.The root cause is its inaccurately defined nature due to analogy errors,an emphasis on the authenticity of electronic data at the cost of rights protection,insufficient effectiveness of normative documents to break through the boundaries of law,and superficial inconsistency found in the mechanical comparison with the nature of existing investigative measures causes.The nature of electronic data retrieved online should be defined according to different circumstances.The retrieval of electronic data disclosed on the Internet is an arbitrary investigative measure,and following procedural specifications should be sufficient.When investigators conceal their true identities and enter the cyberspace of the suspected crime through a registered account to extract dynamic electronic data for criminal activities,it is essentially a covert investigation in cyberspace,and they should follow the normative requirements for covert investigations.The retrieval of dynamic electronic data from private spaces is a technical investigative measure and should be implemented in accordance with the technical investigative procedures.Retrieval of remote“non-public electronic data involving privacy”is a mandatory investigative measure,and is essentially a search in the virtual space.Therefore,procedural specifications should be set in accordance with the standards of searching.
文摘The property rights of a criminal suspect are an important component of human rights,but,unfortunately,may be restrained by factors in the investigation process like judicial stereotypes,legal regulations,and a lack of initiative on the part of the rights holder,which,from time to time,may result in infringements of such rights.Thus it is necessary for us to probe into the reasons why such infringements occur and sort out the contents about enhancing property rights protection of criminal suspects in the amendment to Criminal Procedure Law.To counter the existing disregard for property rights protection of criminal suspects and its legislative deficiency,judicial reform must be carried out as to three aspects:procedural improvement,institutional establishment,and judicial transformation property rights ideas in criminal proceedings.
文摘When criminal suspects are being investigated for criminal responsibil- ity, they are the most vulnerable to infringement by public power. Thus, they need more special attention and protection. It is the in- evitable requirement of the modern democratic rule of law, and also the inevitable historic choice of respecting and protecting human rights.
文摘At the legislative level in China,there has been insufficient theoretical preparation to explicitly include“sexual autonomy”within the scope of general personality rights.In handling the increasing number of disputes related to violations of“sexual autonomy,”judicial biases have emerged during the trial process when courts determine the attribute of the right to“sexual autonomy.”This situation necessitates a clear legal analysis of the concept and attributes of“sexual autonomy”to establish its essential attribute as a personality right,and,from the perspective of legal doctrine,enable the justification of the right to“sexual autonomy”as either a general personality right or other personality interests,thereby providing theoretical support for courts to“adjudicate according to law.”By delineating and categorizing instances of violations of“sexual autonomy,”the constitutive elements and fundamental characteristics of such violations can be clarified.By examining the legal norms governing civil litigation and civil litigation associated with criminal cases concerning violations of“sexual autonomy,”the responsibility determination,remedies,and existing regulatory loopholes regarding violations of“sexual autonomy,”especially in cases involving both criminal and civil matters,can be defined.Based on this foundation,the legal basis,determination mechanism,and compensation standards for claiming compensation for mental damages resulting from violations of“sexual autonomy”can be elucidated.
文摘Chairman Luo Haocai served as the president of CSHRS from 2007 to 2016.During those nine years, he built deep friendships with researchers on human rights.Because President Luo served as vice chairman of the National Committee of CPPCC for a long time, we were used to calling him "Chairman Luo." Chairman Luo was a leader with strategic and overall awareness, a scholar-official, an elder with a young mentality, and a motivator and protector of young people.
