The paper analyzes applicability of legal frame of international standards on the protection of juvenile rights which are expressed through the concept of protection of ＂the best interests of a child and juvenile＂, ...The paper analyzes applicability of legal frame of international standards on the protection of juvenile rights which are expressed through the concept of protection of ＂the best interests of a child and juvenile＂, in view of the question whether the Federation of Bill performs appropriate activities and to which extent, and are there controversy points that need to be resolved separately. It points out the unknowns which the practices of the courts in the Federation of Bill have not yet completely resolved, and are related to the applicability of the new rules adopted by the Law on Protection and Treatment of Children and Juveniles in Criminal Proceedings of the Federation of Bill. Also, it presents a set of legal rules that regulate criminal proceedings against juveniles within the Federation of Bill, with a special emphasis on the basic characteristics of this process. Finally, possible solutions to the mentioned ambiguities and dilemmas are proposed in accordance with the principle of legal certainty as essential to addressees of the relevant legal norms展开更多
Since the ＂five -punishment＂ system was established from the period of the slavery society of the Western Zhou Dynasty, corporal punishment has been always in existence as a tool used by the rulers to punish people ...Since the ＂five -punishment＂ system was established from the period of the slavery society of the Western Zhou Dynasty, corporal punishment has been always in existence as a tool used by the rulers to punish people in ancient China. Although corporal punishment was abolished in the punishment sentencing reform of Emperor Wen of Han, it was further developed and improved in the penalty system of the Sui and Tang dynasties. However, it was restored in the Song, Liao, Yuan, Ming, and Qing Dynasties, etc. From the studies of the corporal punishment change, the reform law of the penal system in ancient China can be found, and also the significance of ancient Chinese corporal punishment reform to the progress of criminal penalty can be sought. Meanwhile, it is of vital significance to knowing well the development of China＇s legal history and improving the current penal system.展开更多
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...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.展开更多
China put forward the concept of human rights protection for prisoners as part of the modernization of its prison system. On Nov. 1, 1991; the Chinese government published the white pa- per ＂Human Rights in China＂ a...China put forward the concept of human rights protection for prisoners as part of the modernization of its prison system. On Nov. 1, 1991; the Chinese government published the white pa- per ＂Human Rights in China＂ and it showed that human rights theories and practices in China fully embody the basic spirit and requirements set forth in the Universal Declaration of Human Rights. On August 11, 1992,展开更多
The aim of the article is to show that Professor Cie?lak is the founder of the scientific school of philosophical and legal thought in criminal proceedings and five thoughts belonging to this school regarding the subj...The aim of the article is to show that Professor Cie?lak is the founder of the scientific school of philosophical and legal thought in criminal proceedings and five thoughts belonging to this school regarding the subject of the criminal process, the identity of a deed, participants in the process, the burden of the proof, the obligation of proving, and division the grounds for detention. Professor Cie?lak was one of the most distinguished Polish lawyers and scientists, and had a great influence on shaping views on the law, primarily in theory, but also in practice. His concepts result from his theoretical and philosophical research on the law and are also timeless, remotely dependent on the legislation currently in existence.展开更多
Racial discrimination remains a prevalent issue in the contemporary U.S.despite efforts to promote equality.Many young African American and Hispanic males are easy target for law enforcement agents.Minorities experien...Racial discrimination remains a prevalent issue in the contemporary U.S.despite efforts to promote equality.Many young African American and Hispanic males are easy target for law enforcement agents.Minorities experience a higher and more unfair form of racial discrimination,racial profiling,police brutality,unfair sentencing,and mass incarceration for offences which are the same or less than those committed by White males.The rate of incarceration in the United States is five to eight times higher than most developed countries,and Black males constitute the largest percentage of inmates in the U.S.prison system.Once arrested,Black Americans are more likely to remain in prison longer,and await trial for minor offenses at a higher rate than Whites.Black and Latino males sentenced in state and federal courts face significantly greater odds of incarceration than White offenders for the same or even higher crimes.Vagins and McCurdy in a 2006 ACLU on“cracks in the system”reported that“There is no rational medical or penological reason for the 100:1 disparity between crack and powder cocaine and instead it causes an unjustified racial disparity in our penal system”(p.7).There is a racial disparity in the proportion of Black males in prison serving sentences of life without the possibility of parole(LWOP).In addition,The United States Criminal Justice System needs to be carefully examined as a top priority agenda needing immediate call of action that needs reform to guarantee the constitutional rights accorded to every American“with liberty and justice for all”.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
Juvenile criminal justice is a reflection of the new approach to children and criminal penalty. The juvenile justice reform is onginated from the changes in criminal penalty and the approach to children. When criminal...Juvenile criminal justice is a reflection of the new approach to children and criminal penalty. The juvenile justice reform is onginated from the changes in criminal penalty and the approach to children. When criminal penalty is no longer pure revenge, education and individualization dominate criminal penalty; when children are regarded as being different from adults and should be treated differently, the new approach to children is taking shape and made more scientific. The orientation of juvenile criminal justice reform is to differentiate the juvenile crimes from adult crimes, set up case heating organizations, methods and treatment measures that are appropriate with the psychology of children. This paper will give an analysis of the current reform of the juvenile criminal justice in conjunction with the development of juvenile justice systems of other countries and probe into the orientation and development trend of the reform of China＇s juvenile criminal justice.展开更多
Australia is an apt landscape upon which to measure the success of mandatory testing of HIV and sexually transmissible infections (STIs) among sex workers. Mandatory testing is implemented in some Australian jurisdict...Australia is an apt landscape upon which to measure the success of mandatory testing of HIV and sexually transmissible infections (STIs) among sex workers. Mandatory testing is implemented in some Australian jurisdictions and not others, allowing for a comprehensive comparison of the outcomes. It is apparent that mandatory testing of HIV and STIs among sex workers in Australia has proven to be a barrier to otherwise successful HIV and STI peer education, prevention and free and anonymous testing and treatment. The outcomes of mandatory testing are counterproductive to reducing HIV and STI rates, do not reach the intended target group, are costly and inefficient, and mandatory testing has proven to be a very difficult policy to repeal once in place. Scarlet Alliance, the Australian Sex Workers Association, as well as numerous academics and policy leaders in Australia recommend against mandatory testing of HIV and STIs among sex workers.展开更多
The Third Plenary Session of the 11 th Central Committee of the Communist Party of China held in 1978 marked the initiation of the policy of reform and opening up in China,beginning a new chapter in the construction o...The Third Plenary Session of the 11 th Central Committee of the Communist Party of China held in 1978 marked the initiation of the policy of reform and opening up in China,beginning a new chapter in the construction of a socialist legal system.The first Chinese criminal procedure law was promulgated the following year and was revised twice in 1996 and 2012.Although remarkable progress has been made,the level of the rule of law in China's criminal procedure must still be improved to meet the goal of modernizing the criminal rule of law.展开更多
文摘The paper analyzes applicability of legal frame of international standards on the protection of juvenile rights which are expressed through the concept of protection of ＂the best interests of a child and juvenile＂, in view of the question whether the Federation of Bill performs appropriate activities and to which extent, and are there controversy points that need to be resolved separately. It points out the unknowns which the practices of the courts in the Federation of Bill have not yet completely resolved, and are related to the applicability of the new rules adopted by the Law on Protection and Treatment of Children and Juveniles in Criminal Proceedings of the Federation of Bill. Also, it presents a set of legal rules that regulate criminal proceedings against juveniles within the Federation of Bill, with a special emphasis on the basic characteristics of this process. Finally, possible solutions to the mentioned ambiguities and dilemmas are proposed in accordance with the principle of legal certainty as essential to addressees of the relevant legal norms
文摘Since the ＂five -punishment＂ system was established from the period of the slavery society of the Western Zhou Dynasty, corporal punishment has been always in existence as a tool used by the rulers to punish people in ancient China. Although corporal punishment was abolished in the punishment sentencing reform of Emperor Wen of Han, it was further developed and improved in the penalty system of the Sui and Tang dynasties. However, it was restored in the Song, Liao, Yuan, Ming, and Qing Dynasties, etc. From the studies of the corporal punishment change, the reform law of the penal system in ancient China can be found, and also the significance of ancient Chinese corporal punishment reform to the progress of criminal penalty can be sought. Meanwhile, it is of vital significance to knowing well the development of China＇s legal history and improving the current penal system.
文摘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.
文摘China put forward the concept of human rights protection for prisoners as part of the modernization of its prison system. On Nov. 1, 1991; the Chinese government published the white pa- per ＂Human Rights in China＂ and it showed that human rights theories and practices in China fully embody the basic spirit and requirements set forth in the Universal Declaration of Human Rights. On August 11, 1992,
文摘The aim of the article is to show that Professor Cie?lak is the founder of the scientific school of philosophical and legal thought in criminal proceedings and five thoughts belonging to this school regarding the subject of the criminal process, the identity of a deed, participants in the process, the burden of the proof, the obligation of proving, and division the grounds for detention. Professor Cie?lak was one of the most distinguished Polish lawyers and scientists, and had a great influence on shaping views on the law, primarily in theory, but also in practice. His concepts result from his theoretical and philosophical research on the law and are also timeless, remotely dependent on the legislation currently in existence.
文摘Racial discrimination remains a prevalent issue in the contemporary U.S.despite efforts to promote equality.Many young African American and Hispanic males are easy target for law enforcement agents.Minorities experience a higher and more unfair form of racial discrimination,racial profiling,police brutality,unfair sentencing,and mass incarceration for offences which are the same or less than those committed by White males.The rate of incarceration in the United States is five to eight times higher than most developed countries,and Black males constitute the largest percentage of inmates in the U.S.prison system.Once arrested,Black Americans are more likely to remain in prison longer,and await trial for minor offenses at a higher rate than Whites.Black and Latino males sentenced in state and federal courts face significantly greater odds of incarceration than White offenders for the same or even higher crimes.Vagins and McCurdy in a 2006 ACLU on“cracks in the system”reported that“There is no rational medical or penological reason for the 100:1 disparity between crack and powder cocaine and instead it causes an unjustified racial disparity in our penal system”(p.7).There is a racial disparity in the proportion of Black males in prison serving sentences of life without the possibility of parole(LWOP).In addition,The United States Criminal Justice System needs to be carefully examined as a top priority agenda needing immediate call of action that needs reform to guarantee the constitutional rights accorded to every American“with liberty and justice for all”.
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Juvenile criminal justice is a reflection of the new approach to children and criminal penalty. The juvenile justice reform is onginated from the changes in criminal penalty and the approach to children. When criminal penalty is no longer pure revenge, education and individualization dominate criminal penalty; when children are regarded as being different from adults and should be treated differently, the new approach to children is taking shape and made more scientific. The orientation of juvenile criminal justice reform is to differentiate the juvenile crimes from adult crimes, set up case heating organizations, methods and treatment measures that are appropriate with the psychology of children. This paper will give an analysis of the current reform of the juvenile criminal justice in conjunction with the development of juvenile justice systems of other countries and probe into the orientation and development trend of the reform of China＇s juvenile criminal justice.
文摘Australia is an apt landscape upon which to measure the success of mandatory testing of HIV and sexually transmissible infections (STIs) among sex workers. Mandatory testing is implemented in some Australian jurisdictions and not others, allowing for a comprehensive comparison of the outcomes. It is apparent that mandatory testing of HIV and STIs among sex workers in Australia has proven to be a barrier to otherwise successful HIV and STI peer education, prevention and free and anonymous testing and treatment. The outcomes of mandatory testing are counterproductive to reducing HIV and STI rates, do not reach the intended target group, are costly and inefficient, and mandatory testing has proven to be a very difficult policy to repeal once in place. Scarlet Alliance, the Australian Sex Workers Association, as well as numerous academics and policy leaders in Australia recommend against mandatory testing of HIV and STIs among sex workers.
文摘The Third Plenary Session of the 11 th Central Committee of the Communist Party of China held in 1978 marked the initiation of the policy of reform and opening up in China,beginning a new chapter in the construction of a socialist legal system.The first Chinese criminal procedure law was promulgated the following year and was revised twice in 1996 and 2012.Although remarkable progress has been made,the level of the rule of law in China's criminal procedure must still be improved to meet the goal of modernizing the criminal rule of law.
