The Criminal Governance Model of Domestic Violence and Its Legislative Improvement

Domestic violence is a serious threat to the basic human rights of family members,especially victimized women.In order to effectively prevent domestic violence,the criminal law needs to respond in an appropriate and timely manner.However,the traditional criminal governance model suffers from the problem of the lagging involvement of public power.At the same time,the public-private partnership governance model,based on the personal safety protection order system stipulated in the Anti-domestic Violence Law of the People's Republic of China,is also flawed in its institutional design and specific implementation.The criminal governance model for domestic violence should be guided by the view of positive criminal law,and the governance path should be furtheroptimized from two aspects:strengthening the foundation of the public-private cooperation governance model and deepeningthe criminal-civil interface.This will help to fully protect the legitimate rights and interests of victims of domestic violence.

Challenges to Online Criminal Litigation in the Context of Smart Justice and Responses——Focusing on the Protection of the Right to Defense

Online criminal litigation transcends the constraints of physical time and space and changes the logic and path of trial hearings for some criminal cases with the help of technology.However,the leapfrog shift from the“physical field”to the“virtual field”has brought great challenges to the effective exercise of the defendant's right to defense.Online criminal justice further highlights the imbalance in the relationship between prosecution and defense in the context of smart justice,and proposes a new topic for protecting the human rights of the prosecuted.The introduction of online criminal litigation in judicial practice is intended to achieve justice in a faster and more convenient way.However,the dissipation of the ritualized remote hearings tends to undermine the effectiveness of the defense and impair the defense's ability to cross-examine evidence,while the technically advantageous public authorities can aggravate the barrier to the defense's meeting and reading the case file.The root cause is that technological power instrumentalism overemphasizes pragmatism and the pursuit of truth under the position of authority,thus diluting humanistic care for the subject of litigation.In order to resolve the problem with the quality and effectiveness of the right to defense in remote hearings,it is necessary to transform online criminal litigation from a“practical technical tool”to a“convenient auxiliary method,”and appropriately weigh the limits of pursuing truth against human rights protection in special scenarios.Meanwhile,it is also feasible to provide technical care for the defense and strengthen its ability to cross-examine evidence.Moreover,a covert communication platform should be furnished for the defender's online meeting to actively strengthen the protection of the defendant's right to defense.

生成式人工智能对数据安全保护的挑战及刑法应对

随着生成式人工智能在多个领域的应用,数据安全保护面临新的挑战。在数据安全保护的路径选择上,传统模式选择以数据主体为锚定权利的基准,在赋予数据主体相关权利的基础上,以告知—同意原则作为数据主体的权利边界,建立涉及刑法、民法等多个领域的数据安全制度。但不得不承认,伴随人工智能的发展,这种基于数据主体权利的数据保护模式逐渐表现出认知与结构性困难,需要从路径选择上进行转变。相对于以数据主体权利为核心的保护模式,刑法可以从风险的角度考虑,以贝克的风险社会理论作为理论参考,从承认数据主体具有完全理性转变为承认其具有有限理性,将数据安全保护的主要关注点从数据主体的权利保障转移到数据安全风险的预防和管控。此外,在数据安全保护的实质层面上,生成式人工智能侵害数据法益的行为可以概括为行为人利用或针对生成式人工智能实施的行为,以及生成式人工智能在演化、运行过程中“自主”实施的行为。刑法应以风险作为主要考量因素,结合已有规定对上述两种行为进行评价。

论Criminal Justice的汉语翻译问题——兼与曹立群教授商榷

英语中的criminal justice一词是犯罪学中最为关键的概念之一,它至少有3方面的含义:作为工作系统;作为专门活动;作为研究领域。将这个术语翻译为"刑事司法"是比较恰当的,而将其翻译为"法务学"或者"刑事审判",都是不恰当的。

限缩法定犯适用的证明困境及其出路

在法定犯时代,为避免刑法过度适用减损国家治理整体效果,刑法学界提出了司法限缩方案,希望通过激活违法性认识的适用、严格审查前置的违法性、实质判断法益侵害程度来实现出罪减责。上述主张忽略了司法证明对构成要件的反向制约作用。违法性认识证明困难,决定其应作为责任要素,而非故意要素。行政监管的专业性和复杂性决定了,片面强调司法认定的独立性,否定行政鉴定与行政认定证据资格,不具有现实性。应区分关于专门性问题的报告和行政机关处理决定或意见,对前者参照司法鉴定意见予以规制,将后者归入辅助资料。将个人法益受到侵害作为法定犯构罪的前提,与增设法定犯特别是抽象危险犯立法目的不相适应。抽象危险和具体损害,只有通过反向刑事推定方可建立可转换的联系,从而实现积极出罪。

论“慎捕”的法规范控制体系及实践问题破解

历次修法中涉及逮捕的制度机制的演进轨迹和条文变化的内在逻辑表明,为实现“慎捕”目标,《中华人民共和国刑事诉讼法》(以下简称《刑事诉讼法》)已初步构筑起一套结构严谨、衔接有序、层次分明的关于逮捕权的法规范控制体系。该体系在事前的权力配置阶段“两次分离”逮捕权,以具体社会危险性评估为重心改造逮捕要件;在事中的权力行使阶段以“兼听则明”为原则设计了充分听取控辩双方意见的审查逮捕机制;在事后的权力制约阶段要求检察院、法院及时纠正撤销错捕决定,释放犯罪嫌疑人。从司法办案的角度来看,现有的法规范控制体系在规则制定和程序执行时仍有不足和缺漏,如逮捕权分离不彻底,控辩意见“兼听”机制保障不充分,径行逮捕条件设计机械、不周延,当事人对错捕的救济途径缺失等。本轮《刑事诉讼法》修改应坚持“实践—规范”的互动逻辑,关注司法实践,将解决和弥补逮捕中的权力运行失范和权利保障不足等现实问题作为修法方向,破难题、开新局,不断推动中国刑事诉讼法治现代化进程。

Prison Term Prediction on Criminal Case Description with Deep Learning

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.

Criminal or bystander: imatinib and second primary malignancy in GIST patients

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.

Multimodal Discourse Analysis of Judges’Footing Shifts in Criminal Courtroom

The paper,based on the concept of FOOTING,makes a multimodal discourse analysis of the relationship between the judge’s discourse and his footing shifts in a criminal courtroom.The results show that in the interaction,multimodal resources in judges’discourse include conversational features(prolonging keywords,interrupting,repeating,taking turns,etc.),acoustic ones(ascending F0 for pitches and d B for intensity,transition tracks between consonants and formants of vowels,duration of some keywords in important sentences,etc.),and visual ones(facing other parties,facing the materials,etc.).The multimodal resources activate different judges’footings,including ANIMATOR,ANIMATOR+AUTHOR and ANIMATOR+AUTHOR+PRINCIPAL,and identify the judge’s footing shifts in the courtroom.The results also demonstrate that the judge’s footing shifts perform the functions of trial organizing,information confirming,fact investigating,spokesperson of the collegial panel,law educating and so on in criminal trials.

Retrospection of the Rationality and the Feasibility of the Criminal Reconciliation System

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.

Research on Criminal Legal Aids for Migrant Workers in China

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.

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.

Criminality among Former Child and Adolescent Psychiatric Patients and Matched Controls

Background: Externalizing symptoms in children (aggression, oppositionality, property and status violations), and the Attention Deficit Hyperactivity Disorder (ADHD) triad of problems (inattention, hyperactivity, impulsivity) display a substantial co-morbidity. The “short temper” problem is common to these syndromes, which are predictive of a range of negative life outcomes including substance abuse and criminality in adulthood. There is a gender gap for the syndromes (boys are more affected), for criminality (men are more criminal) and knowledge (we know less about girls’ criminal careers). Aims: The main aim was to compare crime rates and crime profiles among former Child and Adolescent Psychiatric (CAP) patients with corresponding data for matched controls, focusing externalizing and internalizing psychiatric symptoms, sex and adverse social factors. Method: Data for 6055 former CAP-Stockholm outpatients were extracted from available treatment registers. For each CAP patient, two matched controls from the general population were randomly selected from the same area of residence, of the same sex and with the same year of birth (N approx. 12,000). Data on criminality for these individuals were obtained from a Swedish police register which also includes crimes committed prior to age 15. Results: Overall, twice as many former CAP patients were registered for crimes at a mean age of 21.4 compared to the controls. The over-representation was larger for crimes of violence. Females were registered for a much lower number of crimes, particularly crimes of violence (gender gap). The gender gap among the CAP patients was smaller than among controls. Compared with controls, CAP patients characterized by externalizing problems at referral had an odds ratio (OR) for crimes of 5 for males and 10 for females. Neglect was the only adverse social factor which was associated with a higher crime rate and affected boys more than girls. Compared to previous Swedish CAP cohorts, the criminality of the current cohort was much higher. Conclusion: In-depth studies of female crime careers characterized by externalising problems are needed. Child psychiatric services must find new and more effective ways of identifying and treating children with such problems, regardless of sex. The findings can guide the choice of strategies which will reduce crime rate.

Assessment of Total Incapacity for Work or Incapacity in the Criminal Sense in Case of Penetrating Wounds of the Neck

Penetrating wounds of the neck are often life-threatening. The victims are exposed to vascular and laryngotracheal lesions. The purpose of this work is to report the various aspects of the management of penetrating wounds in our context and to make the medico-legal assessment of incapacity in the criminal sense or total incapacity for work. This is a retrospective study (2002-2014) on thirty-nine (39) cases of penetrating neck wounds, received at the ENT departments of the Aristide Le Dantec and Fann University Hospital Centers. Patients were predominantly male, representing 94% of cases with an average age of 27 years. Seventy (70%) of the accidents occurred in the region of Dakar. In 42% of cases, the circumstance of occurrence was a fight or an assault. The weapon used in most cases by the aggressor was a cutter or a knife. The average waiting time was 37 hours with extremes of 02 and 216 hours. Surgically, all patients had been examined under general anesthesia. In terms of lesions, 37 cases had profound cervical muscle injuries, i.e. 94%. There were 17 vascular lesions (43%). The medico-legal distribution of patients showed that among them, 10% had a total incapacity to work exceeding 21 days. The determination of total incapacity for work is an important medical procedure that requires capability and experience. The doctor must not fall into the trap of the confusion between the TIW on the criminal level and the TIW on the civil level. He must limit medically and should not make judgments.

The Scientific School of Philosophical and Legal Thought in Criminal Proceedings of Marian Cieslak

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.

Principal Component Analysis of Male Criminal Behavior

The present study was conducted in order to establish factors that can potentially facilitate crime, as well as the status of the emotional wellbeing presented in the prison population. The sample was composed of 358 inmates of the Federal Center for Social Rehabilitation number 7 in Mexico. A questionnaire was specifically developed;it evaluated sociodemographic factors and Likert scales of substance intake, domestic violence, and depressive symptoms. Validity and reliability (Cronbach’s Alpha = 0.703) of the instrument showed appropriate relations between the reagents of the scales;results showed—through Chi-Square analysis—statistically significant differences in the correlations between sociodemographic factors, domestic violence, addictions, and depressive symptoms. Although results showed a connection between domestic violence and substance abuse with criminal behavior, low socioeconomic conditions exhibited a higher degree of correlation with criminal activity. On the other hand, high depression symptoms are present in one out of every five inmates.

Against Holocaust Denial： Between Criminality and Immorality

Insofar as the right to free speech is constitutionally protected, the article distinguishes between opinions and facts. Whereas the former is protected as a free speech matter, the latter has nothing to do with the right to free expression Holocaust Denial concerns denying facts and therefore, it is not a question of freedom of speech. At the same vein, inquiring into the conceptual grounds of the theory of criminalization, the article provides that Holocaust Denial cannot and should not be criminalized.

Prediction of Criminal Suspects Based on Association Rules and Tag Clustering

To date, not many studies have been conducted on criminal prediction. In this study, the criminal data related to city S is divided into a training data set and a validation data set at a 1:1 ratio in light of the personal tag data and the travel and accommodation data of criminals and ordinary people in city S. Firstly, the FP-growth algorithm is adopted to calculate association rules between the criminals and the ordinary people in their travel and hotel accommodation data, in order to discover criminal suspects based on association rules. Secondly, the DBSCAN algorithm is employed for clustering of the tag data of the criminals and the ordinary people, followed by similarity calculation, in order to discover criminal suspects based on tag clustering. Lastly, intersection operation is performed on the above two sets of criminal suspects, and the resulting intersection is verified against the criminal validation set for elimination of criminals who appear in the intersection so as to obtain final criminal suspects. Results show that a set of 648 criminal suspects is retrieved based on the association rules calculated by the FP-growth algorithm, while a set of 973 criminal suspects is retrieved based on DBSCAN clustering and cosine similarity of the personal tags;the number of criminal suspects is narrowed down to 567 after the intersection operation of the two sets, and 419 of the 567 criminal suspects are further verified to be criminals using the validation set, thereby leaving the other 148 to be the final criminal suspects and giving a prediction accuracy of 73.9%. The data mining method of criminal suspects based on association rules and tag clustering in this study has been successfully applied to the police system of city S, and the experiment proves the effectiveness of this method in detecting criminal suspects.

Globalization of Criminal Justice and Human Rights Basic Dilemma

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.

Objects of Criminal Legal Aid--Center On Judicial Justice and Human Rights Protection

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.