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
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 ecologica...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.展开更多
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 educati...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.展开更多
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 p...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展开更多
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 f...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.展开更多
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 t...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,展开更多
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 ...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.展开更多
Criminal law consciousness, which is the theoretic base of criminal law, is the public's view, attitude and judge about a criminal conduct and the current criminal law. It is historical and cultural.The ethical ar...Criminal law consciousness, which is the theoretic base of criminal law, is the public's view, attitude and judge about a criminal conduct and the current criminal law. It is historical and cultural.The ethical arguement, "A murderer must repay with his life just like a borrower with money" is the concept to judge, the theoretic base of criminal law consciousness and the moral standard of Chinese. Oppositely, criminal law culture in western countries was based on humanism, which advocated human beings' independence, rational and value. These two different criminal law consciousnesses bring the different criminal legality and judicature.展开更多
A survey on agents, causality and intelligence is presented and an equilibrium-based computing paradigm of quantum agents and quantum intelligence (QAQI) is proposed. In the survey, Aristotle’s causality principle an...A survey on agents, causality and intelligence is presented and an equilibrium-based computing paradigm of quantum agents and quantum intelligence (QAQI) is proposed. In the survey, Aristotle’s causality principle and its historical extensions by David Hume, Bertrand Russell, Lotfi Zadeh, Donald Rubin, Judea Pearl, Niels Bohr, Albert Einstein, David Bohm, and the causal set initiative are reviewed;bipolar dynamic logic (BDL) is introduced as a causal logic for bipolar inductive and deductive reasoning;bipolar quantum linear algebra (BQLA) is introdused as a causal algebra for quantum agent interaction and formation. Despite the widely held view that causality is undefinable with regularity, it is shown that equilibrium-based bipolar causality is logically definable using BDL and BQLA for causal inference in physical, social, biological, mental, and philosophical terms. This finding leads to the paradigm of QAQI where agents are modeled as quantum enssembles;intelligence is revealed as quantum intelligence. It is shown that the enssemble formation, mutation and interaction of agents can be described as direct or indirect results of quantum causality. Some fundamental laws of causation are presented for quantum agent entanglement and quantum intelligence. Applicability is illustrated;major challenges are identified in equilibriumbased causal inference and quantum data mining.展开更多
Background:Methods for combining cloning techniques with genetic engineering techniques(gene manipulation)are currently being developed in order to enhance predetermined biological or mental characteristics.Admissibil...Background:Methods for combining cloning techniques with genetic engineering techniques(gene manipulation)are currently being developed in order to enhance predetermined biological or mental characteristics.Admissibility of conducting research on human embryos is justified by the fact that it will help to improve the human species and free it from serious diseases.However,two competing rights stand in the way of legality of this practice.On the one hand,the right of a human embryo to development and life.On the other hand,the right of mankind to use all scientific means to fight more effectively against diseases and to receive organs and tissues for transplantation to improve the quality of life.Some researchers believe that human life,if regarded as a moral value,cannot be absolute.Aims and Objectives:This paper examines the relevant legislation on both international and national levels and the Spanish doctrine in terms of defining acts against genetics and evaluating effectiveness to criminalize them in order to ensure the balance between medical ethics and community best interests.Materials and Methods:This study is a description paper on gene-manipulation regulation in Spain,the EU and worldwide.It is based primarily on genetic,systematic-functional and systematization methods with regard to special legal ones.Results and Conclusion:There is a wide of international,supranational and national acts that governs gene manipulation and secures society from illegal actions.Still,there are vague issues to revise either by enacting amendments or referencing to doctrine.The perfect way to ensure community interests is to elaborate both.展开更多
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?
文摘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.
基金the Key Project supported by the National Social Science Fund,“Study on the Relationship between the Rule of Law and the Rule of Morality”(14AZD135)The Key Project of Philosophy and Social Science Research of Ministry of Education,“Study on Promoting the National Inspection and Supervision Covering all Sectors”(18JZD037)the Postgraduate Scientific Research Innovation Project of Southwest University of Political Science and Law,“Research on the Issue of Criminal Law Protection of Citizens’Right to Education”(2019XZXS-066)
文摘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.
文摘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
基金Supported by a Grant-in-Aid for Scientific Research from the Ministry of Health,Labour and Welfare of Japan,for "Iryo-kansatsu-ho iryo ni tazusawaru jinzai no kakuho to chiiki tokusei wo fumaeta senmonka no ikusei[Cultivating of human resources engaged in the MTS Act and expert training based on regional characteristics]"
文摘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.
文摘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,
文摘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.
文摘Criminal law consciousness, which is the theoretic base of criminal law, is the public's view, attitude and judge about a criminal conduct and the current criminal law. It is historical and cultural.The ethical arguement, "A murderer must repay with his life just like a borrower with money" is the concept to judge, the theoretic base of criminal law consciousness and the moral standard of Chinese. Oppositely, criminal law culture in western countries was based on humanism, which advocated human beings' independence, rational and value. These two different criminal law consciousnesses bring the different criminal legality and judicature.
文摘A survey on agents, causality and intelligence is presented and an equilibrium-based computing paradigm of quantum agents and quantum intelligence (QAQI) is proposed. In the survey, Aristotle’s causality principle and its historical extensions by David Hume, Bertrand Russell, Lotfi Zadeh, Donald Rubin, Judea Pearl, Niels Bohr, Albert Einstein, David Bohm, and the causal set initiative are reviewed;bipolar dynamic logic (BDL) is introduced as a causal logic for bipolar inductive and deductive reasoning;bipolar quantum linear algebra (BQLA) is introdused as a causal algebra for quantum agent interaction and formation. Despite the widely held view that causality is undefinable with regularity, it is shown that equilibrium-based bipolar causality is logically definable using BDL and BQLA for causal inference in physical, social, biological, mental, and philosophical terms. This finding leads to the paradigm of QAQI where agents are modeled as quantum enssembles;intelligence is revealed as quantum intelligence. It is shown that the enssemble formation, mutation and interaction of agents can be described as direct or indirect results of quantum causality. Some fundamental laws of causation are presented for quantum agent entanglement and quantum intelligence. Applicability is illustrated;major challenges are identified in equilibriumbased causal inference and quantum data mining.
文摘Background:Methods for combining cloning techniques with genetic engineering techniques(gene manipulation)are currently being developed in order to enhance predetermined biological or mental characteristics.Admissibility of conducting research on human embryos is justified by the fact that it will help to improve the human species and free it from serious diseases.However,two competing rights stand in the way of legality of this practice.On the one hand,the right of a human embryo to development and life.On the other hand,the right of mankind to use all scientific means to fight more effectively against diseases and to receive organs and tissues for transplantation to improve the quality of life.Some researchers believe that human life,if regarded as a moral value,cannot be absolute.Aims and Objectives:This paper examines the relevant legislation on both international and national levels and the Spanish doctrine in terms of defining acts against genetics and evaluating effectiveness to criminalize them in order to ensure the balance between medical ethics and community best interests.Materials and Methods:This study is a description paper on gene-manipulation regulation in Spain,the EU and worldwide.It is based primarily on genetic,systematic-functional and systematization methods with regard to special legal ones.Results and Conclusion:There is a wide of international,supranational and national acts that governs gene manipulation and secures society from illegal actions.Still,there are vague issues to revise either by enacting amendments or referencing to doctrine.The perfect way to ensure community interests is to elaborate both.