Protection of criminals＇ human rights is an important issue that has received full atten- tion at home and abroad. The Communist Party of China （CPC） has always attached much importance to the protection of crimin...Protection of criminals＇ human rights is an important issue that has received full atten- tion at home and abroad. The Communist Party of China （CPC） has always attached much importance to the protection of criminals＇ human rights. Since the founding of New China, the Party and the state have paid full attention to protecting the human rights of criminals.展开更多
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...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.展开更多
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 t...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.展开更多
It is said that money can buy just about anything, and if a trend in China’s criminal proceedings is to be believed, a new version of payola is alive and flourishing.
Four men were recently charged in a court in Hubei Province for their roles in creating and spreading the worst cyber worm virus in China’s Internet history. Li Jun,the 25-year-old principal offender, allegedly devel...Four men were recently charged in a court in Hubei Province for their roles in creating and spreading the worst cyber worm virus in China’s Internet history. Li Jun,the 25-year-old principal offender, allegedly developed the Xiongmao Shaoxiang (panda burning joss stick) cyber bug,officially called worm.whboy,and spread it on the Internet by infecting Websites.He said he wrote the panda worm for fun,but according to the police,Li earlier confessed to selling it to 12 clients and earning more than 100,000展开更多
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...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.展开更多
With a view to severely punishing criminals who abduct and traffic in or kidnap women or children so as to protect the personal safety of women and children and maintain the public security order, the relevant provisi...With a view to severely punishing criminals who abduct and traffic in or kidnap women or children so as to protect the personal safety of women and children and maintain the public security order, the relevant provisions of the Criminal Law are supplemented or amended as follows: 1. Whoever abducts and traffics in a woman or a child shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and shall concurrently be punished with a展开更多
The People’s Procuratorate of Ningbo,in east China’s Zhejiang Province,became the center of controversy when it implemented a program to deal with minor crime offenders,which is known as "good deeds for nonpros...The People’s Procuratorate of Ningbo,in east China’s Zhejiang Province,became the center of controversy when it implemented a program to deal with minor crime offenders,which is known as "good deeds for nonpros-ecution."展开更多
The main aim for discovery and development of the neurophysiological detector was detection of the production’ seats and criminal use of poisons in warfare. Phosphor-organic (PO) substances with acetylcholinesterase-...The main aim for discovery and development of the neurophysiological detector was detection of the production’ seats and criminal use of poisons in warfare. Phosphor-organic (PO) substances with acetylcholinesterase-blocking effects are prohibited in warfare by international law (Geneva Protocol. https://www.un.org/disarmament/wmd/bio/1925-geneva-protocol/). Monitoring PO analogs with acetylcholinesterase-blocking effects and their degradation products in water and soil can provide clues to unlawful production sites and the possible use of POs in warfare. Attempts to analyze POs by derivatization have had a low ability to detect them. A neurophysiological detector (NPD)-high-performance liquid chromatography (HPLC) system was developed for specific detection with high detection ability. The first official presentation of our NPD was at the 3<sup>rd</sup> International Symposium on Separation in BioSciences SBS 2003: A 100 Years of Chromatography, May 13-18, 2003, in Moscow, Russia. The NPD in connection to HPLC was developed 14 years before the presentation at the SBS in 2003. Initially, NPD combined with an HPLC system was developed for intelligence services and only for use in monitoring and espionage against the unlawful production of neuroparalytic agents, as explained in this article. NPD combined with an HPLC system was developed in Umeå, Sweden, in 1987-89;the protocol was further developed in Statens Plantevern Institutt, Ås, Norway, in 1990-92. NPD may have great utility during the current period of active warfare in Europe. The initial challenge was detecting unlawful production and use of PO compounds and their metabolites that can potentially block acetylcholinesterase. The sensor in NPD can detect and monitor substances such as tabun, soman, and modern PO poisons used in military applications. This article describes the history of the development of NPD and its aim as a sensitive sensor in detecting PO substances with acetylcholinesterase-blocking effects.展开更多
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 i...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?展开更多
The modern criminal justice system includes community corrections,which play a preventive role in lowering recidivism among offenders.However,some offenders continue to commit crimes during community corrections.This ...The modern criminal justice system includes community corrections,which play a preventive role in lowering recidivism among offenders.However,some offenders continue to commit crimes during community corrections.This research focuses on community corrections in Chinese community policing practice,particularly offender recidivism.The study collected a total of 500 questionnaires from offenders in the provincial administrative regions of northern China,which included first offense status,psychological status,and recidivism behavior.The study found that most recidivists are usually arrested for“drunk driving”,which may be related to their ability to exercise self-restraint,and that alcohol may contribute to their deviant behavior.Another important finding relates to young recidivists,who may have difficulty securing employment during community corrections and thus use crime again to gain income.In general,this study explores the offender population in Chinese community corrections practice and discusses the factors within it that influence offender recidivism.This may support law enforcement agencies in further evaluating the effectiveness of community corrections,and may provide new information for understanding community corrections in China.展开更多
文摘Protection of criminals＇ human rights is an important issue that has received full atten- tion at home and abroad. The Communist Party of China （CPC） has always attached much importance to the protection of criminals＇ human rights. Since the founding of New China, the Party and the state have paid full attention to protecting the human rights of criminals.
基金the phased result of the Humanities and Social Science Research and Planning Fund Project of the Ministry of Education,titled“Research on Online Dispute Resolution Mechanisms:Theory,Rules,and Practice”(22YJA820036)Research Project on the Historical and Cultural Heritage,Essential Connotation and Mission of the Era of China’s Human Rights Development Path of the Beijing Research Center of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era(23LLFXA055)。
文摘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.
基金a phased achievement of the Tianjin Philosophy and Social Science Planning Project“Systematic Study on the Justified Exoneration”(Project Number TJFXQN20-001)supported by the Fundamental Research Funds for the Central Universities“Research on Criminal Law Regulation of Family Offenses”(Project Number 63222047)。
文摘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.
文摘It is said that money can buy just about anything, and if a trend in China’s criminal proceedings is to be believed, a new version of payola is alive and flourishing.
文摘Four men were recently charged in a court in Hubei Province for their roles in creating and spreading the worst cyber worm virus in China’s Internet history. Li Jun,the 25-year-old principal offender, allegedly developed the Xiongmao Shaoxiang (panda burning joss stick) cyber bug,officially called worm.whboy,and spread it on the Internet by infecting Websites.He said he wrote the panda worm for fun,but according to the police,Li earlier confessed to selling it to 12 clients and earning more than 100,000
文摘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.
文摘With a view to severely punishing criminals who abduct and traffic in or kidnap women or children so as to protect the personal safety of women and children and maintain the public security order, the relevant provisions of the Criminal Law are supplemented or amended as follows: 1. Whoever abducts and traffics in a woman or a child shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and shall concurrently be punished with a
文摘The People’s Procuratorate of Ningbo,in east China’s Zhejiang Province,became the center of controversy when it implemented a program to deal with minor crime offenders,which is known as "good deeds for nonpros-ecution."
文摘The main aim for discovery and development of the neurophysiological detector was detection of the production’ seats and criminal use of poisons in warfare. Phosphor-organic (PO) substances with acetylcholinesterase-blocking effects are prohibited in warfare by international law (Geneva Protocol. https://www.un.org/disarmament/wmd/bio/1925-geneva-protocol/). Monitoring PO analogs with acetylcholinesterase-blocking effects and their degradation products in water and soil can provide clues to unlawful production sites and the possible use of POs in warfare. Attempts to analyze POs by derivatization have had a low ability to detect them. A neurophysiological detector (NPD)-high-performance liquid chromatography (HPLC) system was developed for specific detection with high detection ability. The first official presentation of our NPD was at the 3<sup>rd</sup> International Symposium on Separation in BioSciences SBS 2003: A 100 Years of Chromatography, May 13-18, 2003, in Moscow, Russia. The NPD in connection to HPLC was developed 14 years before the presentation at the SBS in 2003. Initially, NPD combined with an HPLC system was developed for intelligence services and only for use in monitoring and espionage against the unlawful production of neuroparalytic agents, as explained in this article. NPD combined with an HPLC system was developed in Umeå, Sweden, in 1987-89;the protocol was further developed in Statens Plantevern Institutt, Ås, Norway, in 1990-92. NPD may have great utility during the current period of active warfare in Europe. The initial challenge was detecting unlawful production and use of PO compounds and their metabolites that can potentially block acetylcholinesterase. The sensor in NPD can detect and monitor substances such as tabun, soman, and modern PO poisons used in military applications. This article describes the history of the development of NPD and its aim as a sensitive sensor in detecting PO substances with acetylcholinesterase-blocking effects.
文摘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?
基金Grant No.(2019JWZD22),Granted by(Tianjin Municipal Education Commission).
文摘The modern criminal justice system includes community corrections,which play a preventive role in lowering recidivism among offenders.However,some offenders continue to commit crimes during community corrections.This research focuses on community corrections in Chinese community policing practice,particularly offender recidivism.The study collected a total of 500 questionnaires from offenders in the provincial administrative regions of northern China,which included first offense status,psychological status,and recidivism behavior.The study found that most recidivists are usually arrested for“drunk driving”,which may be related to their ability to exercise self-restraint,and that alcohol may contribute to their deviant behavior.Another important finding relates to young recidivists,who may have difficulty securing employment during community corrections and thus use crime again to gain income.In general,this study explores the offender population in Chinese community corrections practice and discusses the factors within it that influence offender recidivism.This may support law enforcement agencies in further evaluating the effectiveness of community corrections,and may provide new information for understanding community corrections in China.
