OVERVIEW OF RECOVERY OF ILLEGAL PROCEEDS OF CORRUPTION CRIME STIPULATED IN ＂THE UNITED NATIONS CONVENTION AGAINST CORRUPTION＂

＂The United Nations Convention against Corruption＂ is the most profound and authoritative international convention on the recovery of corruption crime proceeds. The convention systematically stipulates corruption assets recovery mode. This paper aims to illustrate the corruption assets recovery modes systematically, and provide examples for recovery of illegal proceeds of corruption crime.     

CONSTRUCTION OF A GOVERNMENT UNDER THE RULE OF LAW — AN OVERVIEW OF REPORT ON CHINA LAW DEVELOPMENT 2014: CONSTRUCTION OF LEGAL GOVERNMENT

At the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China (CPC), the Decision of the Central Committee of the CPC on Some Major Issues concerning Deepening the Rule of Law 2014 was passed and delineated the direction for the research of our nation’s construction of a government under the rule of law. For years, the government at various levels and administrative agencies adhered to conducting work on the legal course under the CPC’s leadership, actively promoting administration according to law, and constructing a government under the rule of law, and have made enormous achievements. However, there many difficulties still co-exist, along with challenges and opportunities. By adopting theoretical and empirical research approaches such as data analysis, normative analysis, interviews and investigations, questionnaires, counter-measure research, and case studies, this article discusses and conducted systematic and in-depth research on the theoretical framework of the construction of a government under the rule of law from macroscopic, to microscopic aspects. This article outlined the basic contexts and realistic vision for China’s construction of a government under the rule of law, which can provide active implementation of the project of construction of government under the rule of law with a basis in theoretical reference.     

＂RAISING THE BAR＂ THE ROLE OF SELF- GOVERNMENTS AND ASSOCIATIONS OF LAWYERS IN THE DEVELOPMENT OF PRO BONO ACTIVITIES

This article constitutes an extension of the speech delivered at the European Pro Bono Forum, organized by PILNET, which was held in Warsaw in October 2013. In the forum, representatives of the Council of Bar Associations from numerous European countries and representatives of NGOs around the world shared their experiences and ideas, designed to promote pro bono activities among lawyers, and discuss the problems faced when conducting said activities in their countries.     

CHALLENGES OF DEVELOPMENT IN BURUNDI： A CASE STUDY OF PROTECTION OF REFUGEES AND IDPS IN POST-CONFLICT RECONCILIATION AND TRANSITIONAL JUSTICE

Violations of human rights and genocide in Burundi are among the most contentious issues which continue to attract the attention of academic discourse. This paper is concerned with the question of human rights violations in Burundi from a historical and comparative perspective. It seeks to trace the root causes of Burundi＇s sullied human rights record over 52 years since independence from Belgium in 1962, the role of the military in human rights violations, including mass killings of civilians and extra-judicial executions of political opponents and the fact that the post- conflict constitutional architecture has not succeeded in establishing accountability and responsibility for these violations; in providing truth, justice and reparations to the victims and in putting an end to the culture of impunity which seems to be entrenched in Burundian society. Moreover, by analyzing critically the results from interviewing 113 Burundians and 16 non-Burundians, this paper argues that there will be no political stability enduring peace without addressing these issues in a comprehensive manner.     

IS ARTICLE 5.7 OF THE SPS AGREEMENT AN APPLICATION OF THE PRECAUTIONARY PRINCIPLE?

The “Precautionary principle” is regarded as the new buzz phrase in the discussion of risk regulation relating to the areas of environment and health. Article 5.7 of the WTO Agreement on the Application of Sanitary and Phytosanitary Measure (SPS Agreement) uses a similar approach to the protection of human, animal and plant life, and health. It is important to pay close attention to some of the relationships concerning the precautionary principle and Article 5.7. Firstly, when a member decides to take sanitary and phytosanitary (SPS) measures, they usually act from the perspective of prudence and precaution. In addition, the precautionary principle finds similar expression in Article 5.7. However, the precautionary principle has not been explicitly written in the SPS Agreement as a ground for justifying the SPS measures in situations that are inconsistent with the obligations set out in the Agreement. The case law shows that the Panel is very careful about the use of the language of precaution. The Appellate Body is reluctant to allow the precautionary principle to override the specific obligations in the Agreement. Whether Article 5.7 can be regarded as an application of the precautionary principle needs to be examined. Under the current discourse, however, this article finds that the precautionary principle cannot by any means be used as an interpretative tool for Article 5.7. Reliance on the precautionary principle to trigger Article 5.7 is supposed to be unsuccessful. As in situations where taking SPS measures threats the environment and health become irreversible, more attention should be paid to practical issues to ensure the necessity and efficacy of the measures.     

BOUNDARY OF CRIMINAL RESPONSIBILITY OF INTERNET SERVICE PROVIDERS — A LESSON FROM THE QVOD CASE

The Qvod case in 2016, in which the Chinese video-sharing site Qvod was convicted of the crime of disseminating pornographic materials for profits, provoked heated debates regarding the criminal responsibility of internet service providers (ISPs) in China. Using the Qvod case as an example, this paper first discusses the definition and the legal obligations of ISPs, and argues that we should decide the criminal responsibility of ISPs according to their functions and the content of their services. This paper further analyzes four major issues associated with the criminal responsibility of ISPs, including accomplice responsibility, accessory with neutral conduct, perpetrator by action or omission and ideal concurrence (Idealkonkurrenz).     

THE POLICE INVESTIGATOR＇S AUTHORITY TO ISSUE PROVISION LETTER OF INVESTIGATION CANCELLATION： ITS URGENCY IN THE PERSPECTIVE OF INDONESIAN CODE OF CRIMINAL PROCEDURE

According to integrated criminal justice system, Police is the gatekeeper of the Indonesian criminal justice system or the pioneer State＇s institution and agency in criminal law enforcement. Consequently, when public are disappointed with law enforcement, attention will firstly be directed to the police. Hence, according to the Direction of the Chief State＇s Police No. KEP/3 7/X/2008 concerning the Accelerated Program of the Indonesian Police Transformation towards independent, professional and accountable police, all levels of police structure are ordered to be able to change the paradigm of the police services as soon as possible. In addition to that, police investigators have published some letters of Investigation Cancellation Order （SP3） as it is a part of police＇ authority stipulated in the Code of Criminal Procedure （KUHAP） and the Law No. 2 Year 2002. However, there are still abundant of cases to solve. Consequently, there should be policy regulating the authority of investigators to issue Provision Letter of Investigation Cancellation （SKP2）. This modest article attempts to describe philosophical foundation of the urgency of police authority to issue SKP2 and the juridical implication covers the law enforcement effort, strenghthening the realization of duties and responsibility of the police investigators in settling cases and facilitating the effort to attain the goals of the law namely justice, usefulness, and legal certainty, as well as assisting to search and find the substantially truth by paying attention to the protection of human rights.     

REVIEW OF THE 7TH NATIONAL MEMBERS＇ CONGRESS OF CHINA＇ S LAW SOCIETY

From November 29 to 30, 2013, the 7th National Members＇ Congress of China Law Society was held in Beijing. The leaders of the Cortmmnist Party of China （CPC）, Xi Jinping, Zhang Dejiang,     

ON THE WAY TO THE EUROPEAN RESEARCH AREA： PROGRAMMES OF THE EUROPEAN UNION AS FACTOR OF THE INNOVATION DEVELOPMENT OF THE SCIENTIFIC ORGANIZATION IN UKRAINE

Within the framework of the FP7 project ＂START＂, the cooperation with European research centres has had a positive impact on raising the level of innovation researches and the introduction of innovations Institute for Superhard Materials of the National Academy of Sciences （ISM NAS） of Ukraine in the economy of Europe and Ukraine, which in turn permits to speed up the way for Ukrainian science to the European research area through the creation in Ukraine of the scientific organizations of innovative type.     

THE ACT OF THE PEOPLE＇S REPUBLIC OF CHINA ADDRESSING CLIMATE CHANGE （ THE DRAFT PROPOSAL） I. THE INTERPRETATION OF THE PEOPLE＇S REPUBLIC OF CHINA＇S ACTIONS ADDRESSING CLIMATE CHANGE

I. The Necessity of Legislation. -- As the largest developing country, China has the most greenhouse gas emissions in the world. Therefore, the world, including America, pays close attention to China＇s policies regarding the control of greenhouse gas emissions. Considering the continuous growth of global warming, China＇s policies for controlling greenhouse gas emissions should be consistent and ruled by law. So it is necessary to enhance the establishment of laws and systems for standardizing settlement.     

BURDEN OF PROOF AND PRIMA FACIE CASE IN WTO DISPUTES SETTLEMENT—A PERSPECTIVE OF CHINESE LAW

This paper discusses the concept of burden of proof and prima facie case,respectively,in WTO dispute settlement based on the legal doctrine on burden of proof in Chinese law.From the perspective of Chinese law,the burden of proof has three implications on two levels,namely the behavior burden of production and the behavior burden of persuasion in the procedural sense,and the result burden of bearing unfavorable consequence in its substantive sense.A prima facie case also includes the weaker account and the stricter account.They do not mean the same in different contexts,but what is the exact meaning thereof in a given context is clear.The real confusion of the burden of proof in WTO dispute settlement is prima facie standard which,in practice,to some extent,relies on the determination by the panel on case-to-case basis.     

SUBSCRIPTION FOR 1996 JOURNAL OF FORENSIC MEDICE

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