The right to education is an important part of basic human rights. To transform from a designed vision to a reality in practice, teachers’ right to discipline, as a component of the right to education, needs tangible...The right to education is an important part of basic human rights. To transform from a designed vision to a reality in practice, teachers’ right to discipline, as a component of the right to education, needs tangible support from the criminal law. The criminal law cannot be absent from promoting the rule of law in education. However, in practice, teachers’ disciplinary behaviors are often ex-cessively criminalized, leading to problems such as over-expanding punishment and harming the innocent and even the malaise that en-danger substantive justice such as the tarnishing of teachers’ disci-plinary right and the imbalance of teachers’ disciplinary behaviors. Such overcriminalization has its social causes and normative crux, which is the ambiguity of regulations of teachers’ disciplinary right in terms of the pre-existing law and the unclear positioning of the jus-tification of teachers’ disciplinary behaviors in terms of the criminal law. Therefore, it is necessary to carry out a dual clarification of the chaotic parts of the two laws and determine the corresponding guiding principles, and test them one by one through the hierarchical theory of crime to make the path of exculpation clear. At the level of constituent elements, the exculpation is achieved through the normative judgment of the constituent elements;At the level of illegality, the exculpation is achieved by virtue of substantive considerations of reasons such as le-gal acts, legitimate defense, and victims’ commitments;At the level of accountability, the exculpation is achieved through the value screening of the culpability paradigm. We should reverse the trend of overcrim-inalization of teachers’ disciplinary behaviors by clearing the way of exculpation.展开更多
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 ...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.展开更多
In order to quickly and accurately find the implementer of the network crime,based on the user portrait technology,a rapid detection method for users with abnormal behaviors is proposed.This method needs to construct ...In order to quickly and accurately find the implementer of the network crime,based on the user portrait technology,a rapid detection method for users with abnormal behaviors is proposed.This method needs to construct the abnormal behavior rule base on various kinds of abnormal behaviors in advance,and construct the user portrait including basic attribute tags,behavior attribute tags and abnormal behavior similarity tags for network users who have abnormal behaviors.When a network crime occurs,firstly get the corresponding tag values in all user portraits according to the category of the network crime.Then,use the Naive Bayesian method matching each user portrait,to quickly locate the most likely network criminal suspects.In the case that no suspect is found,all users are audited comprehensively through matching abnormal behavior rule base.The experimental results show that,the accuracy rate of using this method for fast detection of network crimes is 95.9%,and the audit time is shortened to 1/35 of that of the conventional behavior audit method.展开更多
基金the result of “Research on the Response and Development of Criminal Law Doctrine under the Impact of Legislation for Preventive Criminalization” (22AFX008)a key project of the National Social Science Foundation of China, and “Research on the Whole Life Cycle Criminal Law Protec-tion of Personal Information Rights and Interests in the Digital Age” (2023EFX010)a project under Shanghai Philosophy and Social Science Planning for young researchers。
文摘The right to education is an important part of basic human rights. To transform from a designed vision to a reality in practice, teachers’ right to discipline, as a component of the right to education, needs tangible support from the criminal law. The criminal law cannot be absent from promoting the rule of law in education. However, in practice, teachers’ disciplinary behaviors are often ex-cessively criminalized, leading to problems such as over-expanding punishment and harming the innocent and even the malaise that en-danger substantive justice such as the tarnishing of teachers’ disci-plinary right and the imbalance of teachers’ disciplinary behaviors. Such overcriminalization has its social causes and normative crux, which is the ambiguity of regulations of teachers’ disciplinary right in terms of the pre-existing law and the unclear positioning of the jus-tification of teachers’ disciplinary behaviors in terms of the criminal law. Therefore, it is necessary to carry out a dual clarification of the chaotic parts of the two laws and determine the corresponding guiding principles, and test them one by one through the hierarchical theory of crime to make the path of exculpation clear. At the level of constituent elements, the exculpation is achieved through the normative judgment of the constituent elements;At the level of illegality, the exculpation is achieved by virtue of substantive considerations of reasons such as le-gal acts, legitimate defense, and victims’ commitments;At the level of accountability, the exculpation is achieved through the value screening of the culpability paradigm. We should reverse the trend of overcrim-inalization of teachers’ disciplinary behaviors by clearing the way of exculpation.
文摘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.
基金This research is supported by The National Natural Science Foundation of China under Grant(No.61672101)Beijing Key Laboratory of Internet Culture and Digital Dissemination Research(No.ICDDXN004)Key Lab of Information Network Security of Ministry of Public Security(No.C18601).
文摘In order to quickly and accurately find the implementer of the network crime,based on the user portrait technology,a rapid detection method for users with abnormal behaviors is proposed.This method needs to construct the abnormal behavior rule base on various kinds of abnormal behaviors in advance,and construct the user portrait including basic attribute tags,behavior attribute tags and abnormal behavior similarity tags for network users who have abnormal behaviors.When a network crime occurs,firstly get the corresponding tag values in all user portraits according to the category of the network crime.Then,use the Naive Bayesian method matching each user portrait,to quickly locate the most likely network criminal suspects.In the case that no suspect is found,all users are audited comprehensively through matching abnormal behavior rule base.The experimental results show that,the accuracy rate of using this method for fast detection of network crimes is 95.9%,and the audit time is shortened to 1/35 of that of the conventional behavior audit method.
