Arguing Against the Expressive Function of Punishment: Is the Standard Account that Insufficient?

Law and Philosophy - This paper critically appraises the arguments that have been offered for what can be called ‘the expressive function of punishment’. According to this view, what...     

Translation and Legal Terminology: Techniques for Coping with the Untranslatability of Legal Terms between Arabic and English

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - The issue of untranslatability of legal terms, particularly between originally unrelated...     

Trust in the Police in Rural China: a Comparison Between Villagers and Local Officials

Although the past decade has witnessed the rise of studies on Chinese evaluations of the police, rural villagers’ assessments of the police remain under-researched. Drawing upon performance theory and survey data from China’s countryside, this study tested whether variations in satisfaction with government performance and life are linked to villagers’ and officials’ trust in county and local/town police. We found that villagers displayed lower levels of trust in the police than local officials. Higher satisfaction with government performance and integrity were associated with greater trust in county police among both villagers and officials. Villagers’ greater satisfaction with crime control and safety led to their stronger trust in both county and town police, but such satisfaction was not significantly related to officials’ trust in both levels of police forces. Rural residents’ generalized trust and particularized trust were associated with a greater likelihood of viewing the police as trustworthy. Meanwhile, female respondents, both villagers and officials, and higher-income officials were more likely to view the police as trustworthy. Directions for future research and policy are discussed.

     

A NEW COOPERATION MODEL

Going back in history, interactions between Xi'an, an ancient Chinese capital in the northwest and the starting point of the Silk Road, and Rome, the end of the ancient trade route, made trade, goods and cultural exchanges flourish between the East and the West Today.     

Crime trends and the effect of mandated drug treatment: Evidence from California's Substance Abuse and Crime Prevention Act

The Substance Abuse and Crime Prevention Act (SACPA), implemented statewide in California in July 2001, mandates drug treatment rather than incarceration for certain nonviolent drug offenders. Critics of the legislation suggest that crime increased as a result of the legislation, but researchers have largely ignored this issue. Utilizing time series methodology applied across several independent data sets from Orange County, California, the effects of SACPA on crime were assessed. Results indicate that significant increases in commercial burglaries and paraphernalia arrests may have been attributed to SACPA, but the overall pattern does not support a conclusion that crime increased markedly.     

环境公益诉讼的限制性因素考察——以美国联邦环境法的公民诉讼为主线

公民诉讼的限制是美国联邦环境法上的公民诉讼制度的一项重要内容,其深刻地反应了公民诉讼的目的、本质及功用等重要问题.其内容包括:公民诉讼必须依据联邦环境法律中的公民诉讼条款依法提起;起诉前的通知程序和行政机构勤勉地执行法律可以阻止公民诉讼的提起.公民诉讼的限制的立法规定以及联邦法院错综复杂的司法实践表明,公民诉讼本质上是一种私人实施环境法律的机制,其作用是行政机构实施环境法律的一种补充.     

中医医患关系的法律性质探讨

中医医患关系既有民事法律关系又有行政法律关系,中医医患关系的法律性质是纵横交错的法律关系。明确中医医患关系的法律性质,对中医医疗卫生法治建设具有重要的理论和实践意义。     

The pluralization of policing and the rise of private policing in China

Policing in China has undergone tremendous change during the economic transformation of the past three decades. This paper describes the plural policing bodies that have existed during pre- and post-reform periods in China. In the pre-reform period the policing bodies were generally public in nature with the public security police playing an important role in providing professional guidance to the other policing bodies. In the post-reform period, there has been a transition from a monopoly of public policing to an integration of public/private policing, with the public security police still playing a leading role in the policing network. Apart from the emergence of private policing (the security service industry), there is also a trend towards privatizing some previously public policing bodies in line with the movement toward strengthening the rule of law and towards privatization in general.     

专利许可合同若干问题研究

专利许可合同是专利实施的主要方式之一,其所涉及的问题较多。理清其中的部分问题,如专利许可合同的标的、专利权无效导致《合同法》与《专利法》的冲突、专利许可使用费的确定、许可合同的有效期及专利许可合同的转让等,有助于专利的许可实施。     

China Internet going wild: Cyber-hunting versus privacy protection

The Internet is notoriously known to be the “human flesh search engine” in China when it is used against private individuals for the purpose of social shaming, monitoring and revenge. In such case of cyber witch hunting, personal information of the targeted individuals is often ruthlessly exposed and their lives are mercilessly disrupted. In the face of the growing resort to the human flesh search engine, the Beijing Court delivered the first ruling condemning this practice and affirming privacy rights for Chinese citizens at the end of 2008. This article discusses the trend of cyber-manhunt in China, with specific focus on the judgment of the Beijing Court. It points out the inadequacy in the ruling and argues that legislative enactment to protect personal information at the national level is essential in China.