DISCUSS THE SUITABLE RULE OF ELECTRONIC EVIDENCE

The traditional type of evidence collection and certification rules are more perfect in evidence law, the characteristics of electronic evidence are different from traditional evidence, which cannot all follow the traditional rules of evidence, shall be formulated for its adaptation to the rules of its characteristics. This article starts from the electronic evidence forensics and cross- examination of two parts, this paper studies the electronic evidence forensics and cross-examination rules, it puts forward the best rules of electronic evidence that shall be drawn up in China for full specification on the application of electronic evidence.     

Limitation of religious freedom to conform to the standards of an open and democratic society

One has freedom of religion, not freedom from religion. This claim is common, but it rests on a misunderstanding of what real freedom of religion entails. The most important thing to remember is that freedom of religion, if it is going to apply to everyone, also requires freedom from religion. Why is that？ One does not truly have the freedom to practice one＇s religious belief if one is not also required to adhere to any of the religious beliefs or rules of other religious. Freedom from religion does not mean, as some mistakenly seem to claim, being free from seeing religion in society. No one has the right not to see churches, religious expression, and other examples of religious belief in the nation, and those who advocate freedom of religion do not claim otherwise. What freedom from religion does mean, however, is the freedom from rules and dogmas of other people＇s religious beliefs so that people can be free to follow the demands of their own conscience, whether they take a religious form or not. Thus they have both freedom of religion and freedom from religion because they are two sides of the same coin.     

ENVIRONMENTAL RESPONSIBILITY REGULATIONS： GUARANTEE THE HUMAN RIGHT TO A HEALTHY ENVIRONMENT

Throughout history, human beings have wastefully utilized human resources, unknowingly at first, and then without taking into consideration the concept of sustainability. This has led to a quantitative and qualitative deterioration of the ecosystems providing the necessary resources to satisfy what current society considers is essential. The international community has conducted several efforts that tend to protect the space in which life develops. Among those efforts we can highlight due to its historical importance： the United Nations Conference on the Human Environment which took place in June of 1972 in Stockholm. There was the participation of l13 countries which signed a declaration that became the foundation for all environmental policies： the Worm Charter for Nature, Then 10 years following the Stockholm conference, it came to ratify the principles originating from the aforementioned event. The United Nations Conference on Environment and Development which took place in Rio de Janeiro in June of 1992 established the principles to achieve sustainable development. The 2002 Johannesburg Summit in South Africa promoted the implementation of concrete actions to comply with the Rio Conference in specific times. In Mexico, the constitutional recognition of the Human Right to an adequate third generation environment for the development and well- being of every individual requires legal protection. This issue becomes crucial to the design and implementation of an environmental protection regime in case of environmental element destruction, whether they are national property or res communes, will allow the damage to be repaired and will reduce the possibility of new damages from happening. Mexico has signed 62 international treaties related to environmental matters. Nine of which refer to environmental damage responsibility before the international community. Environmental Law in Mexico is composed of a series of ordinances that have been issued in different historical moments and contexts. That is the reason why they lack a connection that organizes them and aims them to an ultimate objective. So, here are presented some considerations which are essential in order to operate a legal responsibility system for environmental damages.     

THE PROSPECT OF ESTABLISHING A TRUTH- TELLING AND RECONCILIATION COMMISSION IN UGANDA

While eulogising former President Apollo Milton Obote, President Museveni argued that the time had come to look for ways to bring genuine reconciliation in the country. Since then, in the context of ending the conflict in northern Uganda, calls have been made for the government to establish a Truth and Reconciliation Commission （TRC） to heal not only the wounds occasioned by that conflict, but also those that have been inflicted in the whole country since independence. In this regard, specific recommendations have been made on the need to establish a TRC once and for all to deal with Uganda＇s past. However, the talk of reconciliation has been heard before. Former dictator Idi Amin instituted a commission in 1974 to look into the disappearance of people in the early years of his rule in 1974, but its recommendations were never implemented. When he took over in 1986, MusevenL in order to show that his government was different from those before, established a commission to look into violations of human rights from independence up to the day he took over. Very few recommendations of this commission were ever implemented. This paper argues that there is momentum to establish a TRC in Uganda, which should deal with the conflict not only in northern Uganda but rather should be national in outlook. This is because there are events that have occurred since independence in the country that need closure. Also, it is the contention of this paper that in order to be successful, any future TRC must learn from the experiences of past commissions.     

The impact of economic theories on the law in market relations

The impact of economic theories on legal development, thinking and practice is undeniable. This is particularly true for neo-classical and institutional economics. Neo-classical economics are based on model assumptions of human behaviour such as pursuit of personal advantage, individualistic goals, complete information and at the same time law obedience which are the foundations of the functioning of the market mechanisms. The assumption leads to an almost mystical belief in the self-regulatory power of the market and a strong disdain and disapproval of the State. The concepts of a minimal State and de-regulation of all social relations follow from there. This article argues that model assumptions are valid scientific tools, as long as they are not taken to reflect the real world which is populated by real people that are not necessarily behaving like homines oeconomici. Preaching de-regulation and the dismissal of the State can prove simplistic and even dangerous and may lead to financial and economic crises like the ones witnessed in recent years. Institutional economics part from these empirical findings. They do not question individualism and the pursuit of egoistic objectives of market-participants, but they insist on inherent risks of this mechanism which stems from opportunistic behaviour, lack of information and transparency and the limits of trust. Property economists deduct from there that sustainable and dynamic economic development is unthinkable without well defined property title, the distinction of property and possession and credit securities. These institutions cannot be self-regulatory but need a clear legal frame, in other words rules established by a State. Transaction costs economists understand the danger of opportunistic behaviour and a corresponding systemic lack of trust in the negotiation, conclusion and execution of contracts. They underline the necessity of institutions which are capable of limiting these dangers and thus reducing transaction costs. Institutions may be customs, informal arrangements and formal law. At the end two examples are presented-real estate transactions and post-patriarchal family relations-to test the utility of these considerations.     

In defense of human rights of indigenous people

The nations of the world are generally shaped by a cultural diversity, which must be preserved. This leads to a fundamental and essential defense of indigenous groups and their human rights. The purpose of this article is to highlight the importance of defending human rights of indigenous cucapa, natives settled in the northeast of the state of Baja California in the Delta of the Colorado River, especially with regards to their fishing rights, which is their main source of food and survival. The environmental laws that have been issued in the country have greatly affected them, banning commercial fishing in some areas and totally in many other areas, adding to that a not to subtle performance by the appropriate regulation authorities, preventing them from fishing sea bass, hence their consumption and marketing, which is reflected in their socioeconomic status. For this reason and in response to this violation of their human rights, women have decided to enter a cucapa womb strike, which threatens the existence of the tribe by not reproducing.     

Substance abuse and its risks leading to a crime： An empirical research based on investigations in university students in Istanbul

The main aim of this paper is to reveal the relationships between substance abuse and criminal conducts through examining the current situation of substance abuse among youth, their knowledge level of substance and their experiences involving in crimes. Data were collected from 312 university students in Istanbul by questionnaires which consist of three parts, 35 questions concerning alcohol use, drug use, cigarette use, and crime-involving experiences under the influence of alcohol or other substances. Results indicate that the university students use cigarette and alcohol mostly. They do not consider the risk of being a victim or an offender in a crime when they are under the influence of alcohol. In fact, the actual proportion of young people who indicated that they had ever been involved in a crime, while they were drunk, is quite small.     

OWNERSHIP CONCENTRATION AND CORPORATE CONTROL IN CHINESE LISTED COMPANIES

This paper investigates the ownership concentration and corporate control of Chinese listed companies in the period of 2003-2011. The purpose is to examine the practical effect of the share structure split reform in 2005 and explore the actual outcome of the reduction of state shares of Chinese listed companies. Specifically, ownership structure, shareholding concentration, shareholder identification and corporate control pattern are identified to serve for this purpose. Statistics, calculated on data from the CSMAR database, are used to elucidate and support the investigation. The evidence presented in this paper shows that state shares, though greatly reduced in the reform, have still been the main types of shares in the mainstream of Chinese listed companies. This suggests that the ownership concentration and corporate control of Chinese listed companies have not been fundamentally changed even years after the reform.     

CONSTITUTIONAL COURT＇S JUDGEMENTS INFLUENCE ON THE ADMINISTRATIVE LAW

In all democratic states, constitutional courts, which are traditionally empowered to invalidate or to annul unconstitutional statutes, have the role of interpreting and applying the Constitution to preserve its supremacy and to ensure the prevalence of fundamental rights. In this sense, they were traditionally considered as ＂negative legislators,＂ unable to substitute for the legislators or to enact legislative provisions that could not be deduced from the Constitution. During the past decade, the role of constitutional courts has dramatically changed, as their role is no longer limited to declaring the unconstitutionality of statutes or annulling them. Today, constitutional courts condition their decisions on the presumption of constitutionality of statutes, opting to interpret them according to or in harmony with the Constitution to preserve them, instead of deciding their annulment or declaring them unconstitutional. More frequently, constitutional courts, instead of dealing with existing legislation, assume the role of assistants or auxiliaries to the legislator, creating provisions they deduce from the Constitution when controlling the absence of legislation or legislative omissions. In some cases, they act as ＂positive legislators ＂, issuing temporary or provisional rules to be applied pending the enactment of legislation.     

Touch DNA of Shed Skin Cells from the Deployed Airbag to Address Drunken Driving Crimes

In the criminal cases of driving under the influence （DUI）, DNA evidence can be collectedfrom the deployed airbag of the motor vehicle and submitted to the crime lab for touch DNA analysis.The evidence can be acquired when the skin cells are observed on the surface of the airbag in a trafficaccident. However, the low quantity or quality of the evidence collected from a crime scene preventsfurther identification analysis in many cases. In the current study, we reported a case of identifyingtouch DNA extraction from the shed skin cells from the deployed airbag of a motor vehicle. We man-aged to collect DNA evidence from the shed skin cells in an airbag using a proper approach of collec-tion and extraction. The 5.87 ng of extracted DNA was sufficient for genotyping and forensic identifica-tion, which helped to identify the driver of the car in collision with a pier in the street. In DUI casesand other traffic accidents, therefore, the amount of touch DNA extracted from the deployed airbag canbe sufficient for DNA marker genotyping and further analysis.     

The admissibility and persuasiveness of expert evidence

Parenting plan evaluators are expert witnesses who offer their opinion. Courts in common law jurisdictions generally do not accept evidence of an opinion as it is not considered to be reliable evidence from which to establish a fact. An exception to that general principle is expert opinion evidence. In short, an opinion from a person with specialized knowledge or expertise about the area in which they are an expert may be sufficiently reliable to form an evidentiary basis from which to make a finding of fact, provided the opinion meets certain criteria. These criteria will be discussed in this article, as well as what is relevant, reliable and persuasive evidence. The relevant legal principles will be examined in an historical and contemporary, theoretical and practical context. The authors reflect on their considerable experience as consumers of expert evidence and apply this to parenting plan evaluations, as well as considering future challenges in the field.     

科学证据可采性规则研究

科学证据是运用科学知识和科学方法对证据分析所得的判断意见。因此,科学证据属于意见性证言。为防止不可靠的科学证据对法庭的误导,英美法系国家建立了科学证据可采性规则,包括相关性规则、必要性规则、专家证人资格规则、排除规则、可靠性规则。美国科学证据可靠性规则经历了从Frye规则、Daubert规则到修订后的《联邦证据规则》702条的嬗变。我国对鉴定意见的审查主要限于相关性和合法性的审查。由于缺少对鉴定意见可靠性审查的指导与限制,导致了错误裁决的风险。本文提出确立鉴定意见科学可靠性规则的构想,以利于法官排除错误的鉴定意见,同时有助于法庭科学实验室的管理与制度完善,促使法庭科学实验室更严谨更科学地为法庭提供优质的法庭科学服务。     

What do expert witnesses in child sexual abuse think they are doing? — ‘Diagnosis’, and the sexually accurate doll ‘test’ as professional myths

Conclusions From the above considerations it can be seen that the ways in which clinicians and lawyers typically think about expert opinion on cases of suspected sexual abuse may be seriously misleading. Neither the rhetoric of diagnosis or of testing is appropriate when considering the presence or absence of child sexual abuse, particularly when this leads to an expert opinion in the forensic context. It is crucial that experts and courts clearly discriminate and use appropriately the skills of psychologists to bring evidence into being, as well as their ability to give an opinion based on evidence. In bringing about this evidence, the psychologist might approach the task in the spirit of an investigator carrying out a single case experiment. This should allow courts to form their own opinion on parts or all of the evidence so that the unnecessary reliance on expert opinion is avoided.     

An Update on the New Federal Expert Discovery Rule: The Expert's Perspective

In December 2010, Federal Rule of Civil Procedure 26 (FRCP 26) was amended to protect certain communications between a litigating counsel and its experts from discovery. The rule protects communications and draft expert reports and lays out new disclosure requirements for the so-called “treating physician” expert. Attorneys and experts who first read the rule commonly agreed that the rule would make expert discovery more streamlined and cost-effective while preserving an opposing party's right to obtain facts and data that were considered by the expert in formulating its opinion. However, many commentators on the amended FRCP 26 warned practitioners not to fully embrace the literal meaning of the rule until it was field tested by litigating attorneys and the courts had the opportunity to interpret a number of loosely defined terms during the course of resolving federal discovery disputes. Now, almost a year after the rule's first official publication, several courts have interpreted the key terms that appear in the rule and have expressed their interpretations in written opinions. The judicial holdings of these cases cover different aspects of the rule, and it is still too early to determine how the majority of federal courts will ultimately interpret it. However, a review of current case law indicates that the courts have, thus far, taken a practical and literal view of the amended rule and have not expanded or limited its scope beyond what was generally believed to be the intent of the rule. As a result, practitioners are still hopeful that the rule will make working with an expert more efficient and less cumbersome, to the benefit of experts, attorneys, and ultimately their clients.     

The Roberts Court and Police Practices: The Impact of Chief Justice Roberts and Justice Alito in Police Practices Cases

In police practices cases, the Supreme Court decides issues that determine when the law enforcement interest in solving crimes must give way to the interest of individuals to be left alone by the government. The replacement of Chief Justice Rehnquist with John Roberts and Justice Sandra Day O’Connor with Samuel Alito has now been in place for more than four terms. The time is appropriate to assess the likely impact of these two new members of the Court on police practices cases. This article examines that question by analyzing both the police practices opinions written by Roberts and Alito while they served on U.S. Courts of Appeals and their opinions while on the Supreme Court through the 2008-09 term. The conclusion is that the previous pattern of the police prevailing in the vast majority of these cases is unlikely to change. In addition, there is some evidence to suggest that Chief Justice Roberts is aligning himself closely with Justice Scalia in these cases and may be setting the stage for a significant modification or even elimination of the exclusionary rule.     

The dichotomy of the expert witness

The expert on either side is either right, partially right, wrong, or wrong and dishonest. Even strongly opposed testimony is not evidence of dishonesty, although it is clear at least one expert is wrong. Some differences are the result of legitimate differences of opinion. However, the author has identified several categories of testimony that show dishonest intent. It is clear that the growth of financial incentives has increased the number of cases in which there are opposing experts. If some kind of corrective action is not taken, expert witnesses will no longer be an effective force in the legal system. A multidisciplinary testimony review board separate from the ethics function is clearly one answer to the problem.     

THE SUPREME COURT OF JUSTICE OF THE REPUBLIC OF AUSTRIA

The aim of this article is to give an overview of the tasks and the function of the Supreme Court of Justice in interaction with the other two “Highest Courts” of the Republic of Austria on the one hand, and the European Court of Human Rights as well as the Court of Justice of the European Union on the other hand. For this purpose introductory remarks will examine the Austrian understanding of the judiciary as a state power and judicial independence. The closing part of the article will particularly look into the role of the Supreme Court as highest instance in criminal matters.     

Expert Evidence,Judicial Reasoning,and the Family Courts Information Pilot

The Family Courts Information Pilot took a modest step towards open justice in Children Act cases by publishing 161 judgments of the County Courts and Family Proceedings Courts. Combining socio‐legal and philosophical analysis on lines inspired by the work of Habermas, this article examines the epistemology of expert testimony implicit in the judgments. What emerges is a form of reasoning based on ‘inference to the best explanation’: judges seek to show that the best explanation for experts saying what they do is that they have good reasons for their opinions. While this approach is not blindly deferential, it has serious limitations in cases where the only experts are local authority social workers and the guardian, and an awareness of these limitations is one reason for the courts' willingness to allow other experts to be instructed. The article also criticizes the analysis of the courts’ use of experts by the recent Family Justice Review.     

Can Online Courts Promote Access to Justice? A Case Study of the Internet Courts in China

The right to access the courts is a basic human right in civilised societies, but the current legal system is unfriendly and often unaffordable for the victims of e-commerce disputes and copyright infringements seeking access to justice. Therefore, how to design a judicial system that is more accessible for the aforementioned victims has become a critical legal point of contention in the digital economy era. In particular, it is not easy to provide solid evidence of consumer disputes or copyright infringements on the Internet because the electronic evidence stored on the current centralised database has data security and trust problems. In response to this challenge, China established three Internet Courts in 2017 to move dispute resolution for e-commerce disputes and copyright infringements from the physical courts to the Internet. All the proceedings in these Internet Courts are conducted on the Internet, so the time and expenses of the litigants can be largely reduced. Most notably, these Internet Courts accept the use of blockchain as a method of securing evidence, to overcome the risks that evidence stored on the Internet can be hacked or falsified. The notion of an Internet Court, which substantially enhances popular access to justice, is a significant judicial innovation. It is of special significance for those lawsuits with small value claims and online evidence, and in which the parties are separated by long distances. However, these Internet Courts leave much to reflect on, including whether due process can be guaranteed, whether public trial can be fully implemented, and whether blockchain-based evidence is absolutely admissible. Even so, this article argues that true justice is not only to pursue absolute correctness of judgements, but that true justice should also strike a balance between the correctness and efficiency of trials. For this reason, Internet Courts may yet establish a new judicial paradigm to pursue a balance between correctness, time, and cost.     

失范鉴定人将面临的三份监管“黑名单”

鉴定意见是重要的诉讼证据,是法官发现事实真相的得力助手,但失范鉴定意见则起着相反的作用。近期全国人大常委会、最高人民法院、国家市场监督管理总局分别发文,对鉴定主体展开信用管理,对于存在失信失范行为的鉴定主体,纳入黑名单进行管理,需引起鉴定机构和鉴定人的重视。