The Governance of Complementary Global Regimes Dealing With War and Crime:The Interaction Between the United Nations and the International Criminal Court

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?

The Criminal Law of Public Order as a Guardian of Public Interest in Terrorist Acts Scenario

Promotion of a model of the criminal law of public order represents an important point of reflection in criminal law doctrine. Public order, as a juridical good, has many predispositions to be exposed to criminal activity, and in this point of view, its special protection through criminal law norms constitutes a major concern of criminal legislation objectives. Criminal legislation （as a regulatory and modifying tool within society） is an intelligent social product It is a concrete expression of the important contribution of society in ensuring qualitative and quantitative relations of the model of public order. The latter finds expression as the object of a subjective right, which cannot be divided from the affirmation made by criminal legislation as a primary juridical good. In this context, the model of public order is associated with that of protection of general interest, in the subjective sense of the right to punish （ius puniendO, implemented by state authorities. In their universal meaning, all criminal offences in one way or another affect the normal functioning of public order, but terrorist acts can violate or impinge upon public order more closely and specifically. While affecting the designated model of public order, terrorist crimes put in question the architecture of the rule of law. In response to the mechanisms of terrorist offences, two main criminalization techniques are elaborated： （1） the classical technique of criminalization; and （2] the enumerative technique of criminalization. Criminal sanctions, by which the repression of this criminal vector is carried out, aim at ensuring not only the survival of human society, but also its cardinal values and interests, as well as the technical and scientific progress.

On the Criminal Law Protection of the Marine Ecological Environment

With the continuous and rapid development of the country’s economy and society,it has greatly promoted the leap of the marine economy and brought more severe challenges and tests to the protection of marine ecological environment.How to effectively measure the criminal law protection of the marine ecological environment and take effective measures Measures to deepen the effects of marine ecological environmental protection have become one of the focus topics of widespread concern in the industry.Based on this,this article first introduces the protection of marine ecological interests in China’s criminal law,analyzes the necessity of adjusting the ecological environment in criminal law,and discusses the deficiencies in China’s marine legal system and combines relevant practical experience to improve the marine environment.Various angles and aspects,such as laws and regulations related to resource crimes,put forward the basic approach to strengthen the criminal law protection of the marine ecological environment,and hope to help the practice of related work.

On the Constitutional Review of Correction Activity of Chinese Criminal Law

Chinese criminal law has been amended ten times, which includes a single line criminal law and nine amendments. By taking into account the provisions of the constitution, democracy, the essence of the rule of law and safeguarding the human rights, Chinese criminal law amendment activities have different degrees of violation of the constitution. Criminal law as a restriction of civil rights of the harsh laws, its final decision of correction should be held by the National People＇s Congress. At the same time, the time interval of the amendment of the criminal law is controlled within a reasonable range, unreasonable charges and actions whose main purpose is to explain that the criminal law are constantly decreased, and the criminal law that protects the rights to security is gradually created.

On the “Law and Literature” Campaign in the Chinese Context and Its Significance for the Construction of China's Legal System

"Law and literature " comes from an American radical law school of the1970 s,and it was then considered a campaign,thus the school became one of the most post-modernistic schools of thought. Due to its western theoretic background,it is necessary to interpret its context; in other words,the "Law and literature"problems shall be interpreted in the Chinese context,which can also provide much inspiration and reference for the construction of China's legal system.

From Power to Rights: Interpreting Inscribing “To Respect and Protect Human Rights” in the Amended Criminal Procedure Law

Human rights are one of the widely acknowledged value systems in the international ,community. The core of human rights lies in the life and dignity of human beings. On the one hand, criminal procedure law is related to life and freedom, which is the concern of everybody. On the other hand, it involves direct dialogue between national power and citizens＇ fights.

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.

Rule by Criminal Law is a Seismograph for the Protection of Human Rights

Criminal law involves crucial rights of the public,including property rights,political rights,freedom,and even life.As a result,on the one hand,any change to the rule by criminal law may have a significant impact on people’s lives;on the other hand,any change to the rule by criminal law is a highly sensitive issue.In view of these points,the rule by criminal law is often referred to as the seismograph for the protection of human rights,indicating the utmost importance of rule by criminal law

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.

Building Blocks of Nature

By means of a representation of the elementary objects by the Lagrange density and by the commutators of the communication relations, correlations can be formed using the Fourier transform, which under the conditions of the Hamilton principle, describes correlation structures of the elementary objects with oscillator properties. The correlation structures obtained in this way are characterized by physical information, the essential component of which is the action. The correlation structures describe the physical properties and their interactions under the sole condition of the Hamilton’s principle. The structure, the properties and the interactions of elementary objects can be led back in this way to a fundamental four dimensional structure, which is therefore in their different modifications the building block of nature. With the presented method, an alternative interpretation of elementary physical effects to quantum mechanics is obtained. This report provides an overview of the fundamentals and statements of physical information theory and its consequences for understanding the nature of elementary objects.

Research on the Perceptual Law of Artificial Ants

Beginning with the analysis of the behavior of natural ants, this paper illuminates the principle and method that, by adopting image texture energy as pheromone and finding their way on the track of the pheromone, artificial ants have the ability to identify and remember through similar measurement of pheromone. Based on the quantity of experiments, this paper analyzes some factors that influence the ability of artificial ants and draws some conclusions about the law of ant perception.

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.

Identify patterns of criminal law of causality

Understanding the causal relationship between the criminal law should start with the objective nature of behavior and then set out to determine whether there is the causal relationship between behavior and results, and then combine with the perpetrator＇ s subjective guilt to determine whether his conduct is harmful behavior, so as to determine the severity of his criminal responsibility. In criminal law the causal relationship between the harmful behavior and harmful results is an intrinsic, essential contact. Endangering behavior （i.e. reason） is generated with contingency; in criminal law causality itself is a dialectical unity of necessity and contingency. One should correctly distinguish causes and conditions in the cause and effect relationship; one cannot equate a causal relationship in criminal law with constituting crime and undertaking criminal responsibility. Criminal law of causality is the main content of a crime in an objective harm, which reflects the intrinsic link of the harm behavior and harm. Correctly solving the criminal law of causality is important for the solution how much criminal responsibility the armful behavior should bear.

Legal Frame for Criminal Proceedings Against Juveniles in the Federation of Bosnia and Herzegovina

The paper analyzes applicability of legal frame of international standards on the protection of juvenile rights which are expressed through the concept of protection of ＂the best interests of a child and juvenile＂, in view of the question whether the Federation of Bill performs appropriate activities and to which extent, and are there controversy points that need to be resolved separately. It points out the unknowns which the practices of the courts in the Federation of Bill have not yet completely resolved, and are related to the applicability of the new rules adopted by the Law on Protection and Treatment of Children and Juveniles in Criminal Proceedings of the Federation of Bill. Also, it presents a set of legal rules that regulate criminal proceedings against juveniles within the Federation of Bill, with a special emphasis on the basic characteristics of this process. Finally, possible solutions to the mentioned ambiguities and dilemmas are proposed in accordance with the principle of legal certainty as essential to addressees of the relevant legal norms

Commentary on the Newly Implemented Amendment Ⅷ to the Criminal Law Concerning Children’s Rights in China

Amendment VIII to the Criminal Law of the PRC, which went into effect on hMay 1, 2011, is not only in line with the basic spirit of the Universal Declaration of Human Rights and relevant international human rights treaties, but also is related to the priority area of the Program for The Development of Chinese Children （2011- 2020）. Thus, it helps to safeguard the rights of juveniles and strengthens criminal law protection of their rights and interests. In consideration of the weak position of juveniles and the criminal law means of protecting their rights and interests,

A Brief Assessment on Whether the CISG Should be Part of English Law with Reference to Parts Ⅰ and Ⅲ of the CISG

This article briefly assesses whether the CISG should be part of English law with reference to Parts Ⅰ and Ⅲ of the CISG,hopefully providing some slight values for the development of the International Sale of Goods.

Murder Homicide, A Revenge in the Name of Justice

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.

The Discussion of the Compensation Ability Terms on Traffic Accident Crime

In 2000, the interpretation of the specific application of law on the trial of traffic accident criminal cases was issued by the Supreme People＇ s court. The second article and the fourth article in the judicial interpretation take the ＂no ability of the amount of compensation＂ as conviction and aggravated punishment standard after the traffic accident, causing the academic community fierce controversy. This article briefly states the publishing background, applicable conditions, defects and its positive significance of the two provisions. This paper nresents the immature modification suggestions for the two nrovisions.

英文词汇在法学教学中的应用--以law,justice,criminal等词为例

法学源自西方,许多法律词汇的教学如果借助其英文表达将会事半功倍。像"法律"这样的基本法学概念,借助英文law能够更准确地揭示其内涵;像"司法"这样的法律理念,借助英文justice能够更深刻地传达其精神;像criminal(罪犯)这样的法律术语,借助中英文的不同表达,更容易让学生在比较中把握中西法律文化的不同。

第四次《刑事诉讼法》修改的法治现代化期待

《刑事诉讼法》第四次修改已经纳入立法规划,本次修法的指导思想是吸收司法解释和解释性文件的合理规定,巩固司法改革成果,回应司法实践需要,遵循联合国刑事司法准则和国际通行的标准,反映社会发展的现实需要。此次改革不应采取“修正案”模式,而是采用法典化模式。该次修改应从体例结构到原则、制度和程序进行全面修改。在基本原则中当务之急是增加“无罪推定”和“直接言词”等原则。此次修法应当大幅度增加相关条文,至少增加至500条以上,一审程序应当增加至70条以上。修改应具有前瞻性,能保证适用30年以上。修改内容除了一审程序外,此次修法重点是辩护制度和证据制度。“特别程序”中应增设“涉案企业合规改革诉讼程序”“涉外犯罪案件诉讼程序”和“涉老案件诉讼程序”。