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.

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.

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.

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,

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

Value Judgments in Criminal Law Interpretation

Criminal law interpretation in China faces two primary challenges in terms of value judgments. Normative interpretations often fall into circular and inadequate reasoning, while judges, the key figures in applying interpretive principles, frequently lack the necessary value judgment engagement and proficiency. Traditional criminal law interpretation is ensnared in a subjective-objective dichotomy, resulting in a misalignment with the aim of "legitimate and rational" interpretation practices in China. To rectify this, a philosophical shift is required to allow intersubjective value judgments while maintaining subjectivityobjectivity as the prerequisite. Criminal law interpretation ensures the completeness of value judgments through a combination of specialized knowledge and public discourse.This involves the creation of systematic criteria for value judgments and adherence to legal principles. The former necessitates defining the internal and external standards of value judgments, formulating rules for the resolution of conflicting standards, and underlining the practical importance of criminalization under law, or "no crime or punishment without law"(the principle that only the law can define a crime and prescribe a penalty) and "Where no law applies, it is permissible to redefine a crime as non-criminal or minor"(decriminalization).The latter involves three perspectives: logical reasoning and theoretical arguments;positive and negative judgments;and formal and substantive rationality. Moreover, it should be approached from four dimensions: normative orientation, individual case promotion, reverse exclusion, and constitutional guidance.

Development and Application of a Power Law Constitutive Model for Eddy Current Dampers

Eddy current dampers (ECDs) have emerged as highly desirable solutions for vibration control due to theirexceptional damping performance and durability. However, the existing constitutive models present challenges tothe widespread implementation of ECD technology, and there is limited availability of finite element analysis (FEA)software capable of accurately modeling the behavior of ECDs. This study addresses these issues by developing anewconstitutivemodel that is both easily understandable and user-friendly for FEAsoftware. By utilizing numericalresults obtained from electromagnetic FEA, a novel power law constitutive model is proposed to capture thenonlinear behavior of ECDs. The effectiveness of the power law constitutive model is validated throughmechanicalproperty tests and numerical seismic analysis. Furthermore, a detailed description of the application process ofthe power law constitutive model in ANSYS FEA software is provided. To facilitate the preliminary design ofECDs, an analytical derivation of energy dissipation and parameter optimization for ECDs under harmonicmotionis performed. The results demonstrate that the power law constitutive model serves as a viable alternative forconducting dynamic analysis using FEA and optimizing parameters for ECDs.

The Connotations of the Constitutional Clause on Human Rights Protection From the Perspective of Foreign-related Rule of Law

The inclusion of the human rights clause in the Chi-nese Constitution is the core normative manifestation of the constitu-tionalization of human rights,and points to the relationship between international law and the Constitution in the sense of positive law.The inclusion of the human rights clauses in the Chinese Constitution itself is an inherent part of the development of China’s socialist constitution,and socialism has already contributed valuable concepts and practices of human rights protection to the modern world in its early stage.The constitutionalization of human rights protection does not necessarily lead to the superiority of international law over the constitutional order of a country,but rather to the convergence of international law and domestic law through the constitutional order.The relevant rules of international law will be effective only when they are transformed into domestic law through the Constitution and the human rights clause in the Constitution.Correspondingly,the domestic legal order is brought into line with the international legal order through the Con-stitution and its human rights clause.Behind the system of fundamen-tal rights in the constitutional order is the value foundation of the en-tire legal system.The advancement of foreign-related rule of law has brought new opportunities for China’s judicial practice to further pro-mote the protection of human rights.In the future,we should further integrate the human rights values embedded in socialism into China’s constitutional practice,enhance human rights protection around the country,and take a more active part in global human rights gover-nance.

Criminal Law of the People's Republic of China (extracts)

This issue u’e uould like to inlroduce our readers to the Criminal Lau’ of the People’s Republic of China. The law was adopted at the Second Session of the Fifth National People’s Congress on July 1, 1979, promulgated by Order No.5 of the Chairman of the Standing Committee of the National People’s Congress on July’ 6, 1979 and effectire as of January 1, 1980.The Criminal Lau’ consists of tu’o parts. The first has 5 chapters and 89 articles and the second has 8 chapters and 192 articles. We hare only extracted a feu’ articles concerning u’omen and children and some general prorisions.

Cyber Variants of Traditional Crimes and Criminal Law Responses

The reasons for cyber variants of traditional crimes are many. A direct catalyst is the generation gap caused by the transition from Web 1.0 to Web 2.0. Such variation takes the following three forms： variation in the elements constituting a crime, in the social harm done and in the form of the crime. Expansion of judicial interpretation is the primary choice for handling cybercrime. However, its limitations are also obvious. In the face of cyber variants of traditional crimes, we argue that raising the status of some acts of preparation to that of independent acts of execution and making some joint offenders into principal offenders offers two important solutions that can no longer be avoided by China＇s criminal law legislation.

The Thinking and Approaches of Criminal Law Legislation in a Transitional Period

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.

REVIEW OF THE NATIONAL ANNUAL ACADEMIC CONFERENCE OF THE CRIMINAL LAW IN 2018

On December 16,the National Annual Academic Conference of the Criminal Law was held in Nanning. Wang Lequan. President of the China Law Society attended the opening ceremony and delivered an important speech. Huang Shiyong. Member of the Standing Committee of Guangxi Zhuang Autonomous Regional Committee of the Communist Party of China (CPC) and Secretary of the Political and Legal Committee, attended and made a speech. Zhang Wenxian, Member of the Party Group, Vice President and Director of the Academic Committee of China Law Society. Zhu Xiaoqing. former Deputy Chief Prosecutor of the Supreme People s Procuratorate, Lcmg Sheng, former Deputy Director of the Law Committee of the National People s Congress, Huang Hailong, President of the High People s Court of Guangxi Zhuang Autonomous Region, Jia Yu. Chief Prosecutor of Zhejiang Provincial People s Procuratorate, Wen Kahua. President of the Law Society of Guangxi Zhuang Autonomous Region, Zhao Yueyu, Principal of Guangxi University, Professor Zhao Bingzhi. President of China Criminal Law Research Institute attended the conference. The opening ceremony was presided over by Prof. Chen Zexian. Executive Vice President of the China Criminal Law Research Institute.

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。

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.

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?

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”。

数据交易安全刑事合规的“软法”治理及清单模式

数据交易安全合规指参与数据交易活动的企业内外部各方主体进行的维护数据安全合规的治理活动。刑事治理是由各方主体参与的惩治和预防犯罪的过程,具有过程性。数据交易安全刑事合规是刑事治理的重要方面,可分为事前合规和事后合规两个阶段。《信息安全技术数据交易服务安全要求(征求意见稿)》和《上海数据交易所数据交易安全合规指引》及配套清单采取正面清单和负面清单的管理模式,列举了数据交易主体、数据安全管理体系、数据来源、数据产品可交易性等方面的合规要求。数据交易安全合规清单具有“软法”性质,“软法”与“硬法”相结合,形成企业刑事合规的规范体系。刑法根据数据交易主体及行为场景的差异,以不同的罪刑规范保护数据交易行为所涉及的多元法益。数据犯罪的空白罪状具有定罪指引作用,也为企业合规的开展留下了空间。在实践中应注重数据安全关联罪名适用与刑行衔接,将企业刑事合规融入刑事司法过程并与行政监管相协调。同时,积极发挥企业合规清单的刑事治理机能,构建和完善激励机制、滤罪机制、评估机制,实现合规清单治理的出罪机能与治本效果。