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.

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.

Communist Party of China and Human Rights Protection for Criminals

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.

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.

On the Perfection of Legislation on Property Rights Protection of Criminal Suspects in Investigation Process

The property rights of a criminal suspect are an important component of human rights,but,unfortunately,may be restrained by factors in the investigation process like judicial stereotypes,legal regulations,and a lack of initiative on the part of the rights holder,which,from time to time,may result in infringements of such rights.Thus it is necessary for us to probe into the reasons why such infringements occur and sort out the contents about enhancing property rights protection of criminal suspects in the amendment to Criminal Procedure Law.To counter the existing disregard for property rights protection of criminal suspects and its legislative deficiency,judicial reform must be carried out as to three aspects:procedural improvement,institutional establishment,and judicial transformation property rights ideas in criminal proceedings.

China's Criminal Law Reform from the Perspective of the International Covenant on Civil and Political Rights

The International Covenant on Civil and Political Rights reflects the world’s perception of human rights, and is of vital importance in the field of international human rights. The Covenant has been signed by Chinese government. Although not ratified yet, it will definitely have an impact on the reform of China’s Criminal Law. Therefore, it is necessary to further change our notion of the criminal law system by defining the boundary between public power and civil rights and developing the view of human rights protection. In terms of the specific system, it is necessary to further reduce the number of crimes punishable by the death penalty and limit the application of the death sentence, improve China’s Criminal Procedural Law to protect the fundamental rights of suspects and defendants in terms of compulsory measures, investigation means and judicial form, and add some charges like enslavement and illegal human experimentation, which are criminalized around the world, so as to be in line with the requirements of international human rights protection.

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.

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.

Human Rights Safeguards in Criminal Procedure——An interview with Prof.Fan Chongyi

The issue relating to human rights safeguards in criminal procedure has of late attracted extensive attention. A Human Rights reporter recently interviewed Prof. Fan Chongyi of China University of Political Science and Law on the issue. Following are excerpts of the interview.

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,

From "Criminal on Death Row" to "Acquittal of Charge"——A showcase of China's human rights protection in the administration of justice

In Januaury 1996, a case of murder shocked the seat of Qiaojia County in Yunnan Province. Eight years later, in February 2004, the county town was again astir with the news that the alleged murderer Sun Wangang returned home after being acquitted of the murder charge.

International Seminar on Criminal Penalty Execution and Human Rights Protection

An International Seminar on Criminal Penalty Execution and Human Rights Protection was held in Kunming, capital of Yunnan Province from November 28-29, 2005. Sponsored by the Chinese Supreme People＇s Procuratorate, the UNDP, the Norway Parliament Administrative Supervisor＇s Office and the China International Economic and Technical Exchange Center of the Ministry of Commerce, the seminar was attended by more than 190 Chinese and foreign representatives from the International Prosecutors＇ Association,

研究生学位论文评议结论异议的申诉制度探析

我国目前的研究生学位论文评议有两种情况:一种是已获得学位的学位论文被教育行政部门或学校抽检评议;另一种是学位论文答辩前的例行评议。学位论文评议结论对学位申请人是否能参与答辩或学位获得者能否保留住学位有重要影响,学位申请者或获得者在对学位评议结论有异议时应享有申诉权。各学位授予单位关于申诉权的发生事由与提出条件有不同规定,在国家法律层面缺失救济程序的情况下,学位申请者或获得者只能根据各学位授予单位的申诉程序去寻求权利救济与保护。目前,我国现行的学位论文评议结论异议申请程序在一定程度上存在程序缺失、申诉范围狭隘、审查职责不清等问题,应完善学位论文申诉权及申诉程序的原则,各学位授予单位根据实际情况细化程序规则,扩大研究生学位论文评议结论异议申诉的范围,加强异议申诉程序的正当性设计以及完善我国现行的学位论文的复审机制。

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

刑事申诉审查制度改革研究

刑事申诉案件的审查是非常重要的特别救济程序,但我国法律一直没有将这一审查活动纳入诉讼程序的轨道,相关规定散见于司法解释和规范性文件中。目前我国的刑事申诉审查存在审查主体多元化、审查内容和程序不完善、配套制度作用发挥不到位等问题,因此,需要对刑事申诉审查制度进行改革探索,取消法院审查主体地位,在检察机关内部设立相对独立的刑事申诉案件审查委员会对申诉案件进行实质性审查;区分形式审查和实质审查,构建刑事申诉审查程序;完善律师代理刑事申诉制度,规范刑事申诉案件异地审查制度,提高刑事申诉审查质效,并逐步将其确立为正式的刑事诉讼制度,推动刑事诉讼立法的发展。

坚持和发展民主集中制原则推进新时代中国刑事诉讼制度现代化

全国人大已将《刑事诉讼法》的修改列入本届人大的工作规划之中。作为规范刑事诉讼程序、约束诉讼主体行为的基本法律,应该明确刑事诉讼中公权力机关之间职能分工的工作原则。民主集中制是我国《宪法》规定的国家机构组织和活动原则,同时也是我国现行刑事诉讼确立的公权力机关之间职能分工的指导原则,具体表现为公检法等机关在刑事诉讼中“分工负责、互相配合、互相制约”的工作原则。民主集中制决定了我国刑事诉讼中权力的集中本位及其分工的相对性。新时代应该发展刑事诉讼中的民主集中制原则,顺应权力本位向权利本位转变的时代潮流,以实现民主集中制原则与刑事诉讼制度的根本自洽,推进刑事诉讼现代化。

数据产权刑法保护模式的构建

数据产权是一种具有财产权属性的新型权利,该权利与虚拟财产权和知识产权具有明显差异。数据产权属于刑法保护的公法益范畴,其应归属于市场经济秩序法益之中。现行刑法有关财产犯罪、知识产权犯罪和数据犯罪的规定均无法实现对数据产权的全面保护。刑法对数据产权的保护应以促进数据流通为主要目标,且应当覆盖数据处理的各流程阶段。对侵犯数据产权行为进行刑法规制时,应对“未经同意”获取数据行为审慎入罪。应增设妨害数据流通管理秩序罪,对“情节严重的”妨害数据流通管理秩序行为予以刑法规制。

大数据时代隐私权的刑法保护模式重构

大数据促进了生活的便捷,带动了新兴行业的高速发展,但超出合理边界的数据滥用行为,也对公民的隐私安全带来了现实威胁。伴随大数据时代的纵深发展,个人隐私的保护从传统个人本位向社会本位发生转变,隐私权的法益内涵在大数据时代应当进行重新审视。随着信息保护的日渐重视,隐私权的价值应与个人信息权一样受到同等重视,刑法应当为大数据时代隐私权的保护开辟新路径,采取直接保护与间接保护并行的双轨制保护模式,重构个人信息的刑法定义,引入“弱可识别性+隐私性”标准,同时继续加强针对隐私权犯罪的积极预防,通过刑法调整来应对当前公民隐私权被侵害的现实。

认罪认罚案件被告人滥用上诉权法律规制之探讨

在我国认罪认罚从宽制度实施过程中存在被告人滥用上诉权的问题。被告人滥用上诉权有违认罪认罚从宽制度的设立宗旨,降低了诉讼效率,浪费了司法资源,有必要从法律上进行规制。我国应在借鉴域外规制认罪协商案件被告人滥用上诉权立法经验的基础上,结合我国司法实践,对认罪认罚案件被告人滥用上诉权问题进行法律上的规制,构建认罪认罚案件一审法院上诉理由过滤机制,同时建立认罪认罚案件二审法院上诉许可审查机制。处理好保障认罪认罚案件被告人上诉权和规制其滥用上诉权的关系,确保我国认罪认罚从宽制度有序运行。