欧洲法院国家安全情报领域算法规制的经验及其借鉴——以La Quadrature du Net and Others案为例

[目的/意义]La Quadrature du Net and Others案是欧盟法院第一次以判决的形式回应成员国国家安全情报领域算法运用的立法,对其进行研究不仅能够拓展理论研究的视界,也可为我国相关制度的构建提供镜鉴。[方法/过程]采取案例分析法,深入分析欧盟法院国家安全情报领域算法规制的逻辑基点、路径和方法。[结果/结论]该判决对欧洲人权法院及法国均产生重要影响,但无论是传统情报监督路径与方法,还是新兴算法规制路径与方法,均存缺憾。我国在推进国家安全情报领域算法运用的同时,要对其基本权利干预性有充分认识,应通过立法强化国家安全情报领域算法运用的规制。

Supreme喉罩全麻在小儿斜视手术中的应用探析

分析Supreme喉罩全麻在小儿斜视手术中的应用价值。方法 入组我院收治的小儿斜视手术患儿共100例,随机分组,对照组的患儿给予气管插管全麻,观察组采取Supreme喉罩全麻。比较两组麻醉诱导所需时间、苏醒时间、Ramsay镇静评分、患儿平均动脉压、心率、血管紧张素-II、血氧饱和度、不良反应。结果 观察组麻醉诱导所需时间、苏醒时间、Ramsay镇静评分优于对照组相应的指标,P<0.05。术中对照组平均动脉压、心率、血管紧张素-II、血氧饱和度波动程度比观察组大,P<0.05。观察组不良反应少于对照组,P<0.05。结论 Supreme喉罩全麻在小儿斜视手术的应用效果确切,该方法能使患者在手术过程中保持稳定的生命体征,缩短患儿的麻醉诱导、苏醒时间,达到良好的镇静作用,降低不良反应的发生率。

Report on the Work of the Supreme People's Court 2016(Extract)

Review of Work in 2015In 2015,the SPC,under the strong leadership of the Central Committee of the Communist Party of China(CPC)with Comrade Xi Jinping as General Secretary,and under the effective supervision of the National People’s Congress(NPC)and its standing committee,profoundly studied and carried out the spirits of the 18th National Congress of the CPC,and the third,fourth and fifth plenary meetings of the 18th CPC

Human Rights Protection Under China's Judicial System——An Interview with Xiao Yang, President of the Supreme People's Court of the People's Republic of China

Question: As you know. attention is now growing in China and outside to judicial protection of human rights. As President of the Supreme People’s Court and China’s top judge, would you make some comments on protection of human rights under China’s juridical system?

i-gel喉罩与Supreme喉罩用于小儿全麻气道管理的Meta分析

目的:采用Meta分析评价i-gel喉罩与Supreme喉罩用于小儿全麻气道管理的安全性与有效性。方法:检索PubMed、Medline、Cochrane Library、中国知网数据库、万方数据库、维普数据库,收集2021年4月前关于i-gel喉罩与Supreme喉罩用于小儿全麻的随机对照试验,按改良Jadad量表评价研究质量,提取相关数据后采用Stata 15.0进行Meta分析。结果:共纳入7篇文献,547例研究对象,其中i-gel喉罩组272名,Supreme喉罩组275名。Meta分析结果显示,i-gel喉罩的密封压高于Supreme喉罩(WMD=1.81,95%CI:0.13,3.50);两种喉罩的首次置入成功率、置入时间、纤支镜检查分级及围术期并发症差异无统计学意义(均P>0.05)。结论:i-gel喉罩与Supreme喉罩均可安全有效地用于小儿全麻气道管理,但i-gel喉罩的气道密封性更好。

X-Supreme 8000型X射线荧光定硫仪硫含量测定方法探讨

主要对X-Supreme 8000型X射线荧光定硫仪准确测定原油、汽柴油原料油、石脑油、柴油产品、航煤产品等油品硫含量的分析方法进行试验探讨,优化分析条件,根据硫含量的大小不同,分别建立不同的工作曲线,相关系数均大于0.999。实验结果表明:在选定的测定条件下,X-Supreme 8000型X射线荧光定硫仪能准确测定原油、汽柴油原料油、石脑油、柴油产品、航煤产品等油品中的硫含量,测定结果的重复性和再现性均能够满足现行有效的方法 GB/T 17040—2019的要求[1]。

A Study on the Standardization of Court Interpretation and Suggestions in China

In order to safeguard the legitimate rights and interests of all parties, ensure the justice of legal proceedings and maintain the Chinese judicial system's positive international image, high quality interpretation of legal proceedings is extremely important. This paper will analyze the nature of court interpreting and draw lessons from successful foreign practices. Moreover,some thoughts and suggestions will be presented for the establishment of national court interpreting standards in China.

The Courtly Love in Chivalry

In 1066,the Duke of Normandy William in France held the Norman army to invade England.As a result of the Conquest,French culture was introduced into England,romance as a part of French culture soon became the prevailing literary form at that time.Romance chiefly deals with two subjects,naming,adventures and the courtly love,and adventures are often discussed by a number of writers,however,the courtly love has often been ignored by them.This paper tries to analysis the courtly love,focusing on revealing the value of love in the courtly love.

A Study of Historical References of Korean Royal Court Tea Culture through the Periods of Three Kingdoms,Goryeo Kingdom and Joseon Dynasty

The tea culture of royal court has a special significance as it represents the culture of the nation.The tea culture of Korean royal court has been described in various historical documents including the Memorabilia of Three Kingdoms,the History of Goryeo,and the Chronology of Joseon Dynasty.These historical documents indicate an increasing sophistication of royal court tea culture as the use of tea became expanded through the periods of Three Kingdoms,Goryeo Kingdom and Joseon Dynasty.The tea was offered during ancestral and religious rituals;served as ceremonial drinks;and offered to guests in ceremonial manners.The procedures of these tea ceremonies were ritualized and codified to properly reflect decorum and propriety of the royal court.This paper examines historical references of royal court tea culture of Korea over the periods of Three Kingdoms,Goryeo Kingdom and Joseon Dynasty.Findings from this paper can promote further research on the development of royal court tea culture in Asian countries.

The Substantive Reform of Court Trials: A Transformation of Logic in the Methods of Evidence Investigation——Summary of the Reform Pilot Project in Chengdu

In the pilot project of the substantive reform of court trials,“unexpected” judgments appeared constantly because the traditional documentary investigation mode has been replaced by an investigation mode under the principle of directness and verbalism. This change in the logic of factual judgments has caused a change in the methods of evidence examination. In traditional evidence examination, evidence obtained from investigations is supposed to be genuine and reliable. In the substantive reform of court trials, it is presumed that evidence obtained from investigations cannot be fully trusted and it is easier to ascertain the facts of the case by investigating using the principles of directness, verbalism and individualized judging methods for evidence examinations. In practice, there are three main factors affecting the genuineness of evidence: the cognitive rules of testifiers, the motivation of the subjects who provide evidence, and the methods used by investigators to obtain evidence. Based on any one of these three factors, it cannot be concluded that evidence obtained from investigations is superior to evidence presented in court. The substantive court investigation is more advantageous to establishing the facts of a case than the traditional court investigation. The essential characteristics of the substantive reform of court trials are pursuing reality in essence instead of in form, and using the files of the court trials instead of the files of the investigation to avoid the evidence obtained through investigations from playing a decisive role in the adjudication thus making criminal procedures trial-centered rather than investigation-centered.

At the Court

A man had to go to court, and he asked his lawyerwhich judge would be hearing his case. His lawyer toldhim and then said, ’Do you know him?’ The man answered, ’No, but I wanted to know hisname so that I could send him a dozen bottles of goodwine.’

Trust in the State Courts： Hispanic and African American Communities

The paper aims to compare the levels ofa＇ust Caucasians, African Americans, Hispanics, and other minority groups have in state courts. The paper presents four hypothesize which contend that African Americans, Hispanics, and other minority groups have lower levels of trust in state courts in comparison to Caucasians. Using data from a 2001 Justice at Stake Public Survey, a multivariate regression analysis was performed to assess the validity of each hypothesis. The variable for Race/Ethnicity was used as a baseline allowing for the comparison of levels of trust among each racial/ethnic group. The findings indicate that African Americans have a lower level of trust in state courts in comparison to their Caucasian and other minority counterparts and vice versa. Surprisingly, Hispanics were found to have no more or less trust in state courts when compared to Caucasians, African Americans, and other minority groups. Further research regarding trust in state courts should be carried out in both African American and Hispanic communities. Lastly, it is noteworthy to mention that the data set contained some limitations, such as its age and the exclusion of＂Asian＂ in the racial/ethnic categories.

The Court and Forest Circle in As You Like It

The setting of As You Like It follows a circle. The main characters left the court and went to the forest in which they got transformed, and then came back to the court that is not exactly the same one as the original.

The Use of Male Legal Representatives by Ottoman Women in Their Interactions With the Islamic Courts, 1550-1650

This study accentuates the differences in the ways in which Ottoman women, Muslim and non-Muslim, used the Islamic courts. In some regions Ottoman women went to the courts on their own while in others they relied on male representatives to enter into transactions or litigate on their behalf. Studies treating Islamic court records as uniform in shape and content have offered conflicting conclusions about the status of women in Ottoman society. This study demonstrates that a number of geographic and temporal variations affected women＇s access the courts, significantly affecting their legal status in the period of 1550-1650.

Research on the Operation Mechanism of Claim in Civil Procedure Law and the Applications on Court Trial Way Reform

In this paper, we conduct research on the operation mechanism of claim in civil procedure law and the applications on the court trial way reform. The ultimate goal of the rule of law lies in identifying and protecting the rights of citizens. Way to protect the rights of citizens is diverse, but the judicial relief is the most basic and important form of insurance. Everyone can “into” the court and get the impartiality of the judicial relief, is a measure of a country judicial level height and the rule of law implementation degree of important yardstick. Judicial system and judicial procedure to build and build a better, if the subject of litigation rights are not being met and the safeguard, can’t get through the door and it is the legislators and legal scholars over the many efforts are meaningless, under this basic condition, we propose the new perspective on the corresponding issues that is necessary.

Relief for Defendants Whose Litigation Rights Have Been Infringed upon by Courts: Problems and the Way Out

In regard to the people’s court’s infringement upon the litigation right of defendants,there are two relief means in our country:procuratorial supervision and appeal,neither of which can realize the goal of relief.The conflict between interrogation and defense has to do with the lack of relief mechanism.To solve the problem concerning relief to the defendant whose litigation right is infringed upon the court,independent procedural appeal mechanism must be established,the relationship between it and factual appeal must be properly dealt with.The procedure for procedural appeal should be made in accordance with the characteristics of procedural appeal.

Role of the Americans with Disabilities Act in Parental Rights Court Cases

In this paper, media provides a means of thinking critically about the role of ADA regulations should play in parental fights for individuals with mental disabilities, specifically mental illness, developmental disabilities, and brain injuries. Congress passed the Americans with Disabilities Act more than 20 years ago to ensure the rights of individuals with disabilities, including parental rights. Title II of the ADA applies to decisions made in the courtroom and other governmental agencies, which include child custody cases and termination of parental rights. ＂Reasonable Accommodations＂ is one requirement of the ADA to make society more inclusive for individuals with disabilities, even in the realm of parenting. Under Title II, such modifications would include parenting classes, homecare assistance, support groups, community resources, and counseling. Through a critical examination of experiences as depicted through media and court case analyses of parents with mental disabilities, this paper argues that challenging the idea that individuals with disabilities cannot or should not be parents must start in the courtroom, by changing the attitudes and perceptions of judges presiding over child custody cases and termination of parental rights cases involving parents with mental disabilities.

Accessibility of Justice for Intimate Partner Violence Victims in the Customary Court at Rohingya Refugee Camp, Bangladesh

This paper explored the norms and mechanisms of access to justice regarding intimate partner violence(IPV),the constraints that affect refugee women when seeking measures against IPV,and the experiences and views of justice providers in giving access to justice to IPV victims in a customary court.This is a qualitative study where purposive sampling was applied.Five,eight,and four in-depth interviews with IPV victims,justice makers from BMC/CMC,and other concerning organizations were conducted,respectively.Moreover,two key-informant interviews were also conducted.Data were analyzed utilizing thematic analysis.The findings revealed that the multi-sectoral approach is the framework in responding to IPV cases followed by each actor,including the BMC and CMC,who are protecting the rights of IPV victims.However,this community-based committee is the first spot to mitigate IPV cases,and the trial procedures are not consistent with national laws and international human rights standards;the committee uses their life experiences,religious norms,and socio-cultural values.IPV victims and the customary court experience obstacles in case reporting,trial processing,and denial of legal justice.Moreover,the committee is more active in keeping the family and societal harmony rather than in protecting the individual(women).United Nations High Commissioner for Refugees(UNHCR)should accelerate efforts to protect,respect,and fulfill the needs of IPV victims in all sectors.Training on human rights and gender,the determination of the rules and regulations of the customary court to protect IPV victims,the development of appropriate sanctions for perpetrators,and the remedies for victims are suggestions from the research to get justice for the IPV victims.