儿童权利的文化解释

In China, the protection of juvenile rights has historically been a secondary consideration, which is often relegated to the status of “goal for the future”. However, the value of juvenile rights and their protection lie not only in the morality of child protection, but also in the role that juvenile rights can play in the development of human rights as a whole. Publicity given to juvenile rights reminds us of the “adult society” standing in complementary opposition to the “juvenile society” that juvenile rights refer to. It is adult society to deal with juvenile rights, so any errors of understanding or failures of equality can lead to children being deprived of the rights. The rational underpinnings of juvenile rights are the weapons with which we can counter the influence of traditional, conservative thinking. These arguments will allow children to assume their rightful role as an independent group whose rights are academically and practically accepted and protected.     

法律判断形成的模式

Legal decisions are results of the use of law, which includes the application of law and the finding of law, but mainly referring to the latter. In the application of law, facts match norms, and thus legal decisions could be obtained directly through deduction thereof, which is called the deduction mode. However, in the finding of law, since facts are not symmetric to norms, before making judgment through deduction, facts and norms shall be equalized. That is to say, facts shall be generalized and then upgraded to the provisions, while norms shall be concrete and downwards to specific cases, conducting for spiral upwards, which is called equalization mode. Zheng Yongliu, professor at the Institute of Legal Philosophy of China University of Political Science and Law, also a visiting professor at University of Saarland in Germany (till 1996), and a guest professor at Jilin University (since 1998), whose research is focusing on legal philosophy, particularly on the legal methods as well as law and society. Prof. Zheng once published 4 books, i.e., The Orientation of Rural Law in Contemporary China (1991), The Farmers’ Legal Awareness and the Development of Village’s Law (1993), Das Wirtschaftsrecht Chinas (1997) and The Rule of Law: the British and German Origin, International Standards and Its Practices in China (2002). In his published articles, the follows are most dear to his heart: What is Legal Philosophy (1998), the Origin and Evolution of the “Rechtsstaat” in Germany (2000), the Legal Hermeneutics and Its Relationship with the Legal Interpretation (2002), Academic Freedom and Its Enemies (2004), Pluralistische Ordnungen im chinesischen Wirtschaftswandel (German, 2006).     

我国刑事赔偿制度之改革

In reference to the United Nations International Covenant on Civil and Political Rights (hereinafter referred to “the Covenants”), the state compensation system of China in criminal justice shall be reformed as such: Compensation for a miscarriage of justice should not be determined by the results of first instance or second instance, but no guilty through retrial in the final trial upon finding of new evidences. If policemen, prosecutors and judiciaries take lawful measures, causing loss to the suspected due to arrest, detention or other enforcement in the criminal proceedings, the suspected should not get the state compensation for that even if he is decided no guilty in the final trial. If the suspected is cooped up illegally, he should get the state compensation even if being decided guilty finally. The measures of search and seizure should be included in coercive measures, hence differentiating the lawful search and seizure and the unlawful infringement of the property rights. Yang Yuguan, Professor of the Procedure Law Institute in China University of Political Science and Law, whose research mainly covers procedure law and human rights law. He wrote many books and essays, for instance, “Computer and Crime” (1986), “On Plea Bargaining” (1986), “Basic Education in Prisons in China” (1995), “The United Nations Crime Prevention and Criminal Justice Policy” (1996), “On the Ratification and Implementation of the International Covenant on Civil and Political Rights” (2000), “On Hearsay” (2001), “On Exclusionary Rule” (2002), “Human Rights Law: Study On International Covenant on Civil and Political Right” (2003), “The International Criminal Court: Idea, reality and Prospective” (2007), “Death Penalty Control with Procedural Law” (2006), “On Due Process of Law and Human Rights Protection” (2005). He was once a researcher fellow of Ministry of Justice of China, a member of the Crime Prevention Branch of the United Nations Office at Vienna, and an editor-in-chief in some books, such as “The United Nations Criminal Justice Norms and Standards”, “The United Nations Human Rights Treaty Bodies and their Comments”, “A Study On UN Convention of Anti-corruption”.     

Developmental Times of Chrysomya megacephala (Fabricius) (Diptera: Calliphoridae) at Constant Temperatures and Applications in Forensic Entomology

The characteristic life stages of infesting blowflies (Calliphoridae) such as Chrysomya megacephala (Fabricius) are powerful evidence for estimating the death time of a corpse, but an established reference of developmental times for local blowfly species is required. We determined the developmental rates of C. megacephala from southwest China at seven constant temperatures (16–34°C). Isomegalen and isomorphen diagrams were constructed based on the larval length and time for each developmental event (first ecdysis, second ecdysis, wandering, pupariation, and eclosion), at each temperature. A thermal summation model was constructed by estimating the developmental threshold temperature D₀ and the thermal summation constant K. The thermal summation model indicated that, for complete development from egg hatching to eclosion, D₀ = 9.07 ± 0.54°C and K = 3991.07 ± 187.26 h °C. This reference can increase the accuracy of estimations of postmortem intervals in China by predicting the growth of C. megacephala.     

Molecular Pathology of Pulmonary Edema in Forensic Autopsy Cases with Special Regard to Fatal Methamphetamine Intoxication

Pulmonary edema is a common finding in fatal methamphetamine intoxication. However, the underlying mechanism remains poorly understood. This study investigated the molecular pathology of alveolar damage involving pulmonary edema in forensic autopsy cases. Seven candidate reference genes (RPL13A, YWHAZ, GUSB, SDHA, GAPDH, B2M, and ACTB) were evaluated in the lung by the geNorm module in qBase^plus software. RPL13A, YWHAZ, and GUSB were identified as the most stable reference genes. Using these validated reference genes, intrapulmonary mRNA expressions of matrix metalloproteinases (MMPs), intercellular adhesion molecule‐1 (ICAM‐1), claudin‐5 (CLDN‐5), and aquaporins (AQPs) were examined. Relative mRNA quantification using TaqMan real‐time PCR assay demonstrated higher expressions of all markers except for AQP‐5 in fatal METH intoxication cases. These findings suggested alveolar damage and compensatory response in fatal METH intoxication cases. Systematic analysis of gene expressions using real‐time qPCR is a useful tool in forensic death investigation.     

The “state-led-economy” issue in the BIT negotiations and its policy implications for China

The state-led-economy provisions in the U.S. model BIT, which was released in April 2012, aims to impose strict regulations on the SOEs and exert great influence on state-led economy model. China and the U.S. are now in the midst of negotiating a BIT, and the U.S. government insists on negotiating on the basis of its 2012 model BIT. If China is to accept the 2012 U.S. model for the proposed BIT between the two nations, unprecedented international obligations will be placed in the field of international investment. In this context, in order to provide a reference for the BIT negotiation, the author will analyze, from the perspective of normative jurisprudence, which economic activities are included in the scope of state-led economy provisions, whether China should accept the clauses and the possible impact of accepting it. China’s economy has indivisible relationship with State-owned enterprises (SOEs). At present, most of these SOEs have clustered in those sectors that play crucial roles in the national economy such as energy, telecommunication and finances. Despite several rounds of reform on the SOEs aiming at a separation of governmental functions from corporate management, and a modern market-oriented governance structure, Chinese SOEs remain monopolies or de facto monopolies with exclusive access to many important industries relevant to national economy and people’s livelihood. Further, SOEs can enjoy a lot of privileges in their operation, some even have certain regulatory authority which is supposed to be exercised by the government. This kind of economic model is called State-led economy. The 2012 U.S. model for bilateral investment treaties (BIT) is characterized by the inclusion of the state-led economy provisions, which means that there are more restrictive regulations governing SOEs and their special treatment, and countervailing their competition implication in the host country and their home country. Apart from creating a fair and impartial environment for the investors, this international investment regime, represented by 2012 U.S. BIT model, is in some way, intended to alter the host country’s economic governance regime. In accordance with the decision of the 5th round of the U.S.–China Strategic and Economic Dialogue, both parties are dedicated to proceeding the BIT negotiations (The 5th Round of the U.S.–China Strategic and Economic Dialogue: broad consensus achieved and positive progress made, People’s Daily, p 3, 2013). The U.S. government has insisted that they would base its 2012 model as a blueprint of BIT text negotiation. Seemingly to illustrate, the 6th round of the U.S.–China Strategic and Economic Dialogue has reached a consensus that an earlier launch of negotiation on the negative list will be expected in 2015 (The 6th Round of the U.S.–China Strategic and Economic Dialogue: broad consensus achieved and positive progress made, People’s Daily, p 3, 2014; Ministry of Commerce of the People’s Republic of China, The 14th Round of the U.S.–China Investment Treaty Negotiation is Held in Washington, D.C., 2014). If China is to accept the new BIT model, it will bring China a bundle of increasing obligations under this system and an unprecedented impact on China’s mode for economic development. As a contracting party, China will have to carry out a comprehensively economic reform to comply with the disciplines specified in the BIT. It is also understandable that the incorporation of the state-led economy provision in the China–U.S. BIT will in turn accelerate the domestic economic reforms. In this context, research on the issue of state-led economy in the BIT negotiation will be of significance to China’s dealing with the core issue in the BIT, China’s fulfillment of treaty obligations and its promotion of domestic economic reform via BIT negotiations. In order to provide a reference for the BIT negotiation, the author will identify from the perspective of normative jurisprudence, the economic activities that fall within the scope of state-led economy provisions, project the possible impact of state-led economy provisions and how China should handle negotiation surrounding the state-led economy issue.

     

Technical Note: Analyzing the effect of repeated fusing on toner to examine printing alterations made by the same laser printer

With continuous innovations in laser printing technology, the number of cases of falsification using laser printers is increasing annually. Difficulties in identifying printing alternations, especially laser-printed alternations by the same printer are increasing. Effectively, repeated printing on the same page by the same printer means the original toner on the document was fused repeatedly. Thus, this study mainly investigates the effects of second fusing on the microscopic morphology of toner to examine whether documents have been tampered with. To detect the influence of fusing on the microscopic morphology of toner, 170 documents printed by 17 different models of laser printers from 5 brands were studied. It was found that, according to microscopic observations, the micrographs of toner may become brighter, darker or both with repetition of the fusing process. By calculating the average gray value of the micrographs of toner, it was found that, in some laser printers, the gray value of the thermoplastic accumulation area will increase after a second fusing, and the gray value of the toner particle dispersion area will decrease. In conclusion, by comparing the micrographs of toner from suspicious and reliable contents on the same page or in the same document, together with the measurement and analysis of average gray values, it is possible to examine the once- and twice-fused document contents, and further determine whether the document has been altered.     

Ethnic Conflict and the New Legalism in China

In October 2014, the Chinese Communist Party committed to the establishment of a “socialist rule of law with Chinese characteristics.” Since then a group of Chinese political elites that we refer to as new legalists has been calling for ethnic conflict to be managed in accordance with the rule of law. This article finds that the deeply embedded and highly politicized problem of ethnic conflict in China lends credence to the legalist position that new law-based approaches are needed, although a number of practical problems arise when attempting to strengthen the rule of law. There are for instance powerful factions in the country supporting the continuation of repressive policies or selective ethnic preferentialism, and there are relatively low levels of legal awareness in ethnic-minority communities and general inadequacies in the Chinese legal system. We argue that an elite group of new legalists in China is attempting to reshape ethnic-minority policy in order to break free from the everyday protean politics of ethnic relations that is based largely on a negative cycle of violent confrontation and financial compensation.     

Mapping the knowledge of traffic collision Reconstruction: A scientometric analysis in CiteSpace,VOSviewer, and SciMAT

Traffic collisions are incidents with high fatality rate which generate billions of US dollars of loss worldwide each year. Post-collision scene reconstruction, which involves knowledge of multiple disciplines, is an important approach to restore the traffic collision and infer the cause of it. This paper uses software CiteSpace, VOSviewer, and SciMAT to conduct a visualization study of knowledge mapping on the literature of traffic collision scene reconstruction from 2001 to 2021 based on the Web of Science database. Knowledge mapping is a cutting-edge research method in scientometric, which has been widely applied in medicine and informatics. Compared with traditional literature review, knowledge mapping with visual techniques identifies hot keywords and key literature in the field more scientifically, and displays them in schematic diagrams intuitively which allows to further predict potential hotspots. A total of 803 original papers are retrieved to analyze and discuss the evolution of the field in the past 20 years, from macro to micro, in term of background information, popular themes, and knowledge structure. Results indicate the number of publications in this field is limited, and collaborations among authors and among institutions are insufficient. In the meantime, mappings imply the top three hot themes being scene reconstruction, computer technology, and injuries. The introduction of AI related technologies, such as neural networks and genetic algorithms, into collision reconstruction would be a potential research direction.     

刑事附带搜查制度探微

刑事附带搜查,是执法者在执行拘留、逮捕等强制措施时,基于＂保护执法人员及其他相关人员安全＂和＂避免证据毁损或灭失＂的目的,搜查被追诉者的无证搜查制度。为协调我国关于刑事附带搜查法律规定的粗疏与司法实践较广泛运用之间的冲突,必须构建我国刑事附带搜查制度,其主要内容涉及附带搜查的类型、范围及其保护性扫视。