The purpose of this research is to study the process of forensic science execution in order to use crime investigation in three southern border provinces of Thailand, such as the study of problems and obstacles includ...The purpose of this research is to study the process of forensic science execution in order to use crime investigation in three southern border provinces of Thailand, such as the study of problems and obstacles including the factors that affect forensic examination to use criminal investigation in three southern border provinces, offer the guidance in pattern development of forensic sciences examination in three southern border provinces with standard, and are able to use in criminal investigation effectively. Data were collected from all related agencies. The results of this research have showed that executive process of forensic science is used to investigate the crime in three southern border provinces that can be divided the operations into three main issues as following： crime scene examination, evidence testing, autopsy in case of crime scene, and factors which affect forensic work for using in criminal investigation in three southern border provinces of police practitioners. They should have the knowledge about forensic science, commitment, bravery, and cunning work.展开更多
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...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.展开更多
The anchoring effect is a powerful and widespread cognitive phenomenon in the decision-making field.Our quantitative analysis of a sample of 520 sentences indicates that the sentencing recommendation of the public pro...The anchoring effect is a powerful and widespread cognitive phenomenon in the decision-making field.Our quantitative analysis of a sample of 520 sentences indicates that the sentencing recommendation of the public procuratorate has a marked influence upon the court＇s sentencing judgment.That is,whether we are investigating the freedom penalty,the fine penalty or the term of probation imposed by the judge,we find that the anchoring effect does exist.In addition,a change in the court conviction or in the trial sentencing circumstances and the availability of a defense lawyer may weaken the anchoring effect of the procuratorate＇s sentencing recommendations.As a form of cognitive bias,the presence of the anchoring effect in the area of sentencing further highlights the necessity of applying analyses based on legal realism to the field of criminal justice in China;and at the institutional level,it demands that judges adopt corresponding arrangements to ensure the impartial exercise of discretion.展开更多
In this transitional period,the concept of legally protected interests in Chinese criminal legislation is changing with the imposition of new control measures that endow criminal law with new functions,including takin...In this transitional period,the concept of legally protected interests in Chinese criminal legislation is changing with the imposition of new control measures that endow criminal law with new functions,including taking an active part in social governance.Active legislation will not entail the systemic risk of excessive interference by criminal law.Criminalization does not conflict with criminal law’s concept of modest restraint.In terms of overall approach,we need to establish dynamic,rational and diversified legislative mechanisms for the future.In terms of specific methods,legislation must maintain an approach of actively intervention in the life of society,changing the current centralized legislative model.However,decentralized legislation should not necessarily adopt the tripartite model of the criminal code plus special enactments and auxiliary criminal law.Rather,it should construct a written criminal law system centered on the criminal code and supplemented by the law on minor offences,in parallel with criminal penalties and public security measures.This will produce a mechanism for the seamless incremental convergence of public security administrative punishment law,minor offences law,and criminal law.The net of justice is fine-meshed but its penalties are light.The addition of new crimes must uphold the rule of law,correspond to specific social situations,maintain an attitude of sensitivity and clarity toward lawlessness and regard criminal law as a last resort,in order to alleviate the pressures legislators currently face from the growing body of criminal law.展开更多
From the perspective of legal norms, the legal attributes of forensic testimony in the course of criminal proceedings are manifested in two forms： one is the collection of evidence; the other is the exercise of power...From the perspective of legal norms, the legal attributes of forensic testimony in the course of criminal proceedings are manifested in two forms： one is the collection of evidence; the other is the exercise of power. However, the values residing in these two legal attributes are not the same. The former emphasizes ＂justice,＂ and the latter, ＂efficiency.＂ An analysis of the legal norms governing forensic testimony in different periods shows that forensic testimony in criminal proceedings is gradually shifting from a pattern dominated by the exercise of power to one characterized by the collection of evidence. However, a genuine return to the essential character of forensic testimony as the collection of evidence must be premised on a change in the value orientation of the Criminal Procedure Law, that is, on a change from ＂efficiency＂ to ＂justice.＂展开更多
For much of its history, the criminal law of England, and hence of its colonies, counselled husbands to control and correct their wives. The ability to exercise effective domestic authority was an important index of m...For much of its history, the criminal law of England, and hence of its colonies, counselled husbands to control and correct their wives. The ability to exercise effective domestic authority was an important index of manliness. So too was the willingness to use measured force in order to secure sexual relations with an unwilling wife. Criminal law thus immunised husbands from the crime of rape. The great political theorist John Stuart Mill condemned these extensive powers of the husband and called the patriarchal family a ＇nursery of the vices＇. The leading Victorian criminal law jurist James Fitzjames Stephen took the opposite view. The manly man should take control of his little kingdom of the family and criminal law should cede him his sex rights, as it did. Modern criminal law has modemised men and curtailed these rights to women. The husband＇s immunity from rape prosecution has been abolished. What was once endorsed in a manly man is now officially condemned. And yet the discipline of criminal law, as a whole, has not been reconsidered or reconceived. There has been remarkably little reflection about its gendered history and what is has meant for the past and present moral education of men.展开更多
文摘The purpose of this research is to study the process of forensic science execution in order to use crime investigation in three southern border provinces of Thailand, such as the study of problems and obstacles including the factors that affect forensic examination to use criminal investigation in three southern border provinces, offer the guidance in pattern development of forensic sciences examination in three southern border provinces with standard, and are able to use in criminal investigation effectively. Data were collected from all related agencies. The results of this research have showed that executive process of forensic science is used to investigate the crime in three southern border provinces that can be divided the operations into three main issues as following： crime scene examination, evidence testing, autopsy in case of crime scene, and factors which affect forensic work for using in criminal investigation in three southern border provinces of police practitioners. They should have the knowledge about forensic science, commitment, bravery, and cunning work.
文摘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.
基金Supported by the Philosophy and Social Sciences Foundation of Shanghai(No.:2017BFX001)Shanghai’s Outstanding Young Talents Projects
文摘The anchoring effect is a powerful and widespread cognitive phenomenon in the decision-making field.Our quantitative analysis of a sample of 520 sentences indicates that the sentencing recommendation of the public procuratorate has a marked influence upon the court＇s sentencing judgment.That is,whether we are investigating the freedom penalty,the fine penalty or the term of probation imposed by the judge,we find that the anchoring effect does exist.In addition,a change in the court conviction or in the trial sentencing circumstances and the availability of a defense lawyer may weaken the anchoring effect of the procuratorate＇s sentencing recommendations.As a form of cognitive bias,the presence of the anchoring effect in the area of sentencing further highlights the necessity of applying analyses based on legal realism to the field of criminal justice in China;and at the institutional level,it demands that judges adopt corresponding arrangements to ensure the impartial exercise of discretion.
文摘In this transitional period,the concept of legally protected interests in Chinese criminal legislation is changing with the imposition of new control measures that endow criminal law with new functions,including taking an active part in social governance.Active legislation will not entail the systemic risk of excessive interference by criminal law.Criminalization does not conflict with criminal law’s concept of modest restraint.In terms of overall approach,we need to establish dynamic,rational and diversified legislative mechanisms for the future.In terms of specific methods,legislation must maintain an approach of actively intervention in the life of society,changing the current centralized legislative model.However,decentralized legislation should not necessarily adopt the tripartite model of the criminal code plus special enactments and auxiliary criminal law.Rather,it should construct a written criminal law system centered on the criminal code and supplemented by the law on minor offences,in parallel with criminal penalties and public security measures.This will produce a mechanism for the seamless incremental convergence of public security administrative punishment law,minor offences law,and criminal law.The net of justice is fine-meshed but its penalties are light.The addition of new crimes must uphold the rule of law,correspond to specific social situations,maintain an attitude of sensitivity and clarity toward lawlessness and regard criminal law as a last resort,in order to alleviate the pressures legislators currently face from the growing body of criminal law.
基金the Youth Project of the National Social Sciences Foundation"Linking Securies Administrative Punishment with Criminal Penalty"(No.11CFX048)support from the Project of the Institute of Foreign Law and Comparetive Law of East China University of Political Science and Law(No.SJ0709)the Disciplinary Building Project of Legal History of East China University of Political Science and Law(No.030102)
文摘From the perspective of legal norms, the legal attributes of forensic testimony in the course of criminal proceedings are manifested in two forms： one is the collection of evidence; the other is the exercise of power. However, the values residing in these two legal attributes are not the same. The former emphasizes ＂justice,＂ and the latter, ＂efficiency.＂ An analysis of the legal norms governing forensic testimony in different periods shows that forensic testimony in criminal proceedings is gradually shifting from a pattern dominated by the exercise of power to one characterized by the collection of evidence. However, a genuine return to the essential character of forensic testimony as the collection of evidence must be premised on a change in the value orientation of the Criminal Procedure Law, that is, on a change from ＂efficiency＂ to ＂justice.＂
文摘For much of its history, the criminal law of England, and hence of its colonies, counselled husbands to control and correct their wives. The ability to exercise effective domestic authority was an important index of manliness. So too was the willingness to use measured force in order to secure sexual relations with an unwilling wife. Criminal law thus immunised husbands from the crime of rape. The great political theorist John Stuart Mill condemned these extensive powers of the husband and called the patriarchal family a ＇nursery of the vices＇. The leading Victorian criminal law jurist James Fitzjames Stephen took the opposite view. The manly man should take control of his little kingdom of the family and criminal law should cede him his sex rights, as it did. Modern criminal law has modemised men and curtailed these rights to women. The husband＇s immunity from rape prosecution has been abolished. What was once endorsed in a manly man is now officially condemned. And yet the discipline of criminal law, as a whole, has not been reconsidered or reconceived. There has been remarkably little reflection about its gendered history and what is has meant for the past and present moral education of men.
