REHABILITATION OF DRUNK DRIVERS AND THE SMADIT PROJECT： COLLABORATION AMONG THE POLICE FORCE,THE ROAD ADMINISTRATION AND THE SOCIAL SERVICES

The aim of the SMADITt project is not only to reduce the number of drunk drivers on the Swedish roads but also to reduce the number of repeated drunk driving offences. The SMADIT project is a three-way collaboration between the Swedish Police Force, the Swedish Road Administration and the Swedish Social Services. According to the guidelines the police should inform the suspected drunk drivers about SMADIT and ask if they want to be contacted by the Social Services. If they agree to take part in the project, then a member of staff from the Social Services will contact them within 24 hours. The purpose of this paper is to present the results from a qualitative study evaluating the effects of SMADIT. Thirteen male drivers and one female driver who agreed to take part in the SMADIT project were interviewed. The questions covered their experience of SMADIT, why they agreed to participate, what kind of help they received but also their attitudes towards drinking and driving in general and the event leading up to the conviction. The results showed that the initial contact with the police determined if they would agree to participate in the project or not. Both written and verbal information were essential An important aim with SMADIT project is the early contact with the Social Service. However, the results from this study showed that several informants needed time for reflection and to recover from the shock after being stopped by the police on suspicion of drunk driving. However, according to informants, it was important that not too many days passed before a contact was established. During the meeting with the Social Service, the informants were then offered different kinds of treatment. All of the informants were very pleased with this contact. According to the guidelines provided by the SMADIT project a consensus has to be reached, otherwise the Social Services cannot contact the person. In this study, we found that a person straight after the event does not always think clearly and therefore we propose that the SM     

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.     

REVIEW OF REGULATORY FRAMEWORKS FOR CONTAMINATED LAND IN CHINA

China is suffering severe soil contamination,but no specific national legislation has been adopted to address this issue.Under the current regulatory framework,there are numerous relevant provisions on contaminated land management.It is recommended that a specific legislation should be promulgated at the national level to improve the current situation.Foreign experiences shouM be considered in China's specific social environmental context.A proper liability mechanism should be established for a better judicial treatment to contaminated land issues.While a proper contaminated land liability mechanism is being developed,the principles of state liability and retroactive liability,and the principle that polluters pay should be followed Public participation should be encouraged in contaminated land management.     

THE LEGITIMACY OF RACE AS VARIABLE IN THE DELIBERATIONS OF INSTITUTIONAL REVIEW BOARDS

This paper investigates the issue of race as a variable in research ethics and the extent to which it is morally appropriate to regard the race of research subjects as a relevant factor for research outcomes. The author analyses the challenges posed to deliberation in Institutional Review Boards （IRB ＇s） on this matter. The first part of the paper consists of a conceptual analysis of the notion of deliberation, drawing on the work of Elster, Habermas, Rawls, Gambetta and others. Special attention is paid to the dialogical structure of deliberation and the complexities attached to the notion of race, as a social construct. Arguments in favour and against the proposal that race is a valid variable in biomedical research are systematically distinguished. The author comes to the conclusion, based on an extensive literature review, that race sometimes has to be taken into consideration, subject to clearly stated qualifications. In conclusion it is argued that deliberation, especially about such a controversial notion such as race should not be expected to yield definitive truths. The most we can expect is a series of （hopefully） progressive settlements that represent provisional beacons of insight on which we can draw in future conversations. Race represents a field of tension and contestation that will inevitably continue to permeate interpersonal contact and social relations for the foreseeable future.     

General analysis and recommendations on China＇s legal implementation mechanism for wetland biodiversity conservation

China has not formulated a comprehensive specific legislation on wetland conservation and wise use, however many laws and regulations are relevant to wetland conservation, such as Forest Law （1983）, Law on Land Administration （1986）. The dispersed multi-sectoral management model defined and the single resource element based management reflected in the existing legislation cannot meet the requirement for integrated wetland conservation and the needs to conserve the ecological function of wetlands. Also the major deficiencies of the existing legal implementation mechanism can be found in wetland conservation plan, public participation, operational and enforcement measures. Based on the problems, there should be provision on the responsibility of the forestry department to compile and implement wetland conservation plans, and its responsibility to cooperate with other relevant government agencies in planning. There should be specific or expanded provisions on the procedures and phases of public participation. In addition, there should be provision on litigation channels to expand the form of the public rights, and enabling mechanisms to safeguard the public rights. The improvement of relevant approaches should focus on the shift from administrative regulatory approaches towards multiple approaches combining administrative regulation, economic incentive and administrative supervision. The improvement on establishment of operational and enforcement authority should focus on the shift from substantial authorization towards both substantial and procedural authorization. There should be more specific and clear provision on the awarding measures, to fill the gaps of existing legislation and to strengthen the accountability of government agencies. In addition, this article gives specific recommendations on provisions on the systems of wetland conservation and legal implementation mechanism.     

TOWARDS THE RULE OF LAW OR THE RULE OF THE BOOTS？ A LIBERAL PERSPECTIVE ON DEMOCRACY AND HUMAN RIGHTS

Since the beginning of the ＂war＂ on terror, governments have implemented counter-terrorism laws and policies, in breach of their obligations under international human rights law, on account of the necessity to protect democracy against its enemies. Reliance on the human rights discourse in order to justify the violations committed renders it difficult to criticise these drawbacks without rethinking the concepts of rights and democracy and reformulating them. The present article attempts to answer this challenge along the lines of the reconstruction of the notions of liberal democracy as the rule of law and liberty, and human rights as spheres of individual sovereignty.     

IS FREEDOM OF SPEECH POSITIVE OR NEGATIVE？

What is the nature of freedom of speech？ The First Amendment to the U.S. Constitution is often taken as an important example of free speech protection. However, the premise underlying the First Amendment is that freedom of speech is positive rather than negative. Yet such a conclusion is far from being proved. The original academic model of freedom of speech is usually understood as the model of ＂minimal government. ＂According to this paradigm, harmful speech should not be constrained but rather contested in the ＂free marketplace. ＂Allowing ＂more and better speech＂ to challenge the harmful speech seems to be the best reconciliation. But ＂more and better speech＂ could fail in some occasions as well as the marketplace theory. Does the enforcement of legal protection in such area or the interference of the government always end up in over expanding and abuse of power？ As a matter of fact, China is now facing the same challenge as the Western society. How should we reconcile the legal protection of sinking voices, the limitation of against harmful speech and the governmental power of censorship？ Through discussing the several cases in China, we try to examine the consequence of both the old and new media techniques and internet that challenge not only the authority of the traditional power but also endanger the rights of individuals.     

DIFFICULTIES IN ESTABLISHING LIABILITY IN ONLINE DEFAMATION： TANZANIA＇S EXPERIENCE

This paper is devoted to uncover difficulties in establishing liability in online defamation in Tanzania. The focus is on the effectiveness of the current laws and regulations relating to the online defamation; and the lack of awareness to the general public on legal and practical challenges in establishing liability over the defamatory comments occurring on the Internet. The investigators discover that, the existing legal framework in Tanzania does not cover the issues of establishing liability in online defamation. Moreover the legal and practical challenges includes the weakness of the law and regulations covering online defamations, limitation periods, jurisdiction and choice of law issues, admissibility of electronic evidence and its authenticity, identifying anonymous defendant and the rights to privacy. Authors recommend that responsible machinery be established by Act（s） of parliament that would address by dealing with specific issues of liability in online defamation to Internet users, Internet Service providers （ISPs） and intermediary for their defamatory comments.     

THE PRESS AND THE JUDICIARY： COURT AND JUDICIAL REPORTS IN THE PREss IN ENGLAND AND WALES

Western scholars have argued that image making and image management are a preoccupation of the judiciary. Images of the judiciary may take a variety of forms and be produced for kinds of audiences. One form of judicial image making and image management is live performances in the courtroom and other court settings. Another is the written judgment where the preoccupation is the style of the written text. Press and other mass media reports of judicial activity are another. The audience for judicial images is equally diverse, from fellow judges, lawyers in the courts and the wider legal community, the litigants before the courts to the executive, legislature and the public both in the courtroom and beyond. The image of the judiciary that is available to the public has a particular significance in Western rule of law democracies. As a general rule courts and the judiciary are required to operate in public and their activities must be open to public scrutiny. A recent policy manifestation of this goal is debated about confidence in the justice system and initiatives designed to improve confidence. In the majority of cases public scrutiny of judicial activity and public confidence in the judiciary relies upon the media. Objective and accurate press and media reports play a key role in shaping public understanding of the judiciary and generating or undermining confidence in that institution. Reports in regional and national newspapers have long been an important source of information, shaping public knowledge and facilitating public scrutiny of the justice system. In the UK, there is almost no scholarship on these representations past or present. The result is little known about the representation of the courts and the judiciary in press reports. Little is known about what the diligent reader of these reports can learn about judicial activity. The aim of this article is to take a first step towards changing that state of affairs. It uses a data set made up of 205 contemporary domestic newspaper reports of court and judi     

On the social basis and legislative propositions of establishing non-marital cohabitation law of the PRC

Non-marital cohabitation is one kind of the ＂family＂ lifestyle which people independently choose. A harmonious society is that of sustainable development society which treats people as its center, and objectively, it requires respecting for people＇s right to choose their lifestyles independently. However, the social problems arising from non-marital cohabitation shouldn＇t be neglected. The laws should recognize the concerned parties＇ freedom to freely choose the lifestyle of non-marital cohabitation and also prevent such social problems which it possibly causes. The authors propose that the special legal system of non-marital cohabitation should be established, for the purpose of promptly preventing and solving the disputes which triggered by non-marital cohabitation, protecting the rights and interests of the concerned parties and their children, and hence promoting the construction of the harmonious society in China.     

THE ASYMMETRY OF THE WTO DISPUTE SETTLEMENT MECHANISM AND CHINESE STRATEGY： IN WHAT WAYS DO THE SYSTEM AND RESULTS FAVOR COMPLAINANTS？

By referring to 400 WTO cases, this paper reviews the results of WTO dispute settlement proceedings and the systemic causes in order to find out whether the WTO dispute settlement system ＂s results reflect a clear tendency of favoring complainants, and if so, whether the internal asymmetry of the system leads to such results. Based on these findings, and by considering a number of factors, this paper analyses the influence on national interests brought about by such asymmetry, so as to find whether there is a two-way adjustment effect and relative deprivation effect for developing countries. Then, according to the current economic situations of the WTO＇s Asian countries, this paper suggests that the Asian members should reform their policies to overcome the disadvantages of the WTO asymmetric proceedings. In this part, this paper comprehensively evaluates the measure of actively using the WTO dispute settlement system that favors the complainants, in order to develop overseas markets and realize potential benefits of treaty negotiations.     

WRONGFUL CONVICTIONS AND THE EXCLUSIONARY RULES IN CHINA

Wrongful conviction is the shadow of the criminal justice system. Under this shadow are the flaws and deficiencies of the system, which must be shed light on in order to instigate and promote reforms and improvements to the system. Extracting confessions with torture is a major cause for wrongful convictions in China. The exclusionary rules against illegally obtained evidence should be an effective way to eliminate tortures from criminal justice. The Provisions on Several Issues Concerning the Examination and Evaluation of Evidence in Death Penalty Cases and the Provisions on Several Issues Concerning Exclusion of Illegal Evidence in Criminal Cases and the newly amended Criminal Procedure Law have made progresses in this regard, but we still have a long way to go to turn the laws on paper into the rules in action.     

The law and its interpretation do play a role in the elimination of xenophobia： A South African case study

The examination of certain legal aspects of xenophobia has shown that the law and its judicial interpretation do on the one hand server to safeguard against xenophobia and to eliminate it where it still prevails, on the other hand they can however serve to entrench it~. It is believed that in future, South African courts will continue to be proactive in the elimination of xenophobic tendencies wherever they may be encountered in the legal context and that law reform will eradicate laws which generate the impression that they are xenophobically motivated.     

SPORTS TOURISM DEVELOPMENT AND ITS REGULATION IN INDONESIA （STUDIES IN THE PROVINCE OF LAMPUNG）

The aims of this paper are to explain about the potency of sports tourism in Province of Lampung and the role of local government to manage it. Geographically, Province of Lampung has the potential exercise of this type, i.e., surfing on the West Coast which faced with the Indonesian Ocean. Sports＇ diving is currently developed in the Kiluan Bay in Pesawaran District. Research questions of this paper are.＂ How is the relationship with the organization of sports events tourism and economic potential？ And how is the role of local government in the implementation of the sport in their region？ This paper uses the literature study methods, so that the data obtained is secondary data. Literatures related to this paper include the official report and the study of literature related to sports and tourism. Conclusions of this paper are.＂ （1） Organizing sports tourism will increase local revenues, especially from the economic sector transaction turnover. An example of this is that the hotel occupancy rate increased with the sporting event. At the macro level, sports tourism impact multiplayer effect, i.e. for people who can catch the tourist potential opportunities, such as selling food （culinary）, and local souvenirs,＂ and （2） Local governments have a role in the development of sports tourism and tourist destinations, with plans in the local regulation. Local governments also play a role in building transport and communications infrastructure in the region as a tourist destination attraction. Tourism promotion should also be enhanced to introduce a tourist destination to the tourists.     

WHY A COMMITMENT TO A RIGHT TO LIBERTY AND PROPERTY DOES NOT PRECLUDE REDISTRIBUTION THROUGH TAXATION AND WELFARE PROGRAMS： SCRUTINIZING NOZICK＇ S ENTITLEMENT THEORY OF JUSTICE

This paper critically examines Robert Nozick＇s theory of right and property with its corollary critique of redistributive taxation and welfare programs, as presented in his seminal book, Anarchy, State, and Utopia （hereinafter ASU）. In opposition to Nozick, this paper argues that a commitment to a right to liberty and property does not preclude, in and of itself, the acceptance of redistribution through taxation and welfare programs. Indeed, the thesis attempts to show that Nozick＇s ASU version of libertarianism itself requires, and is grounded in, a commitment to the value of welfare programs funded through redistributive taxation. More specifically, the paper contends that in accepting the Lockean proviso, with its concomitant egalitarian premises into his theory, and in making the plausibility of his argument rest on the proviso, Nozick has already infected his own libertarian views with just the same sort of redistributivism and welfarism he vehemently impugns. Consequently, the paper concludes that Nozick＇s contention against redistribution via taxation and welfare programs is ultimately self-refuting, if not hypocritical. The bulk of the paper will be devoted to showing why welfare liberals should not be intimidated or dismayed by Nozick＇s theory of property right. Rather, welfare liberals should regard Nozick as a theoretical ally, since Nozick＇s libertarian entitlement theory comes perilously close to transmogrifying into the ＂welfare state ＂.     

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.     

TOWARDS A NEW CONCESSIONS REGIME IN THE EU： ABOUT THE MERITS AND SHORTCOMINGS OF THE CONCESSIONS＇ DIRECTIVE

The European Commission published a proposal at the end of2011 for a self-standing directive on the awarding of concessions in the context of the revision of the public procurement framework. With the aim of harmonizing rules and developing minimum standards based on the EU primary law and ECJ case law, the purpose of the proposed directive was, according to the Commission, to ensure more transparency and legal certainty in all Member States in awarding concessions and enhance the development of PPPs （Public-Private Partnerships） 1 However, negotiations on the proposal for a concessions directive proved to be difficult. The text2 finally adopted on February 26, 2014 stems from three compromises： 1. Within the European Commission, between a fully fledged approach and a so-called ＂light approach ＂; 2. within the Council between Member States in favor of a detailed directive for the sake of easy transposition, and Member States reluctant to the very directive, whose added value was challenged either by fear of amending their own existing national legislation on concessions or, conversely, by fear of putting at risk existing contracts awarded without open tender; 3. within the European Parliament, as the rather technical issue of public procurement became a politically driven debate on both the principle of subsidiarity and the legitimacy of private operators to manage services of general interest. As a result of a complex deal brokered by the Commission, the Council and the European Parliament, the main merit of the directive is its existence. In the light of the numerous exclusions to its scope, it remains to be seen whether some of its promising provisions regarding the definition, the award and the life of concessions will facilitate on the ground the development of transparent, performing concessions projects. At the end of the day, options to be embraced by the Member States for the transposition of the concessions directive will be a key element in the success and use of the new legal concessions reg     

THE PROCEDURE OF PLEA BARGAINING IN ROMANIA A NEGOTIATION OR JUST A FORMAL INSTITUTION？ THE COMMON LAW SYSTEM

Entry into force of the law No. 202/2010 regarding some measures to accelerate the settlement of the process, already raises a number of problems of interpretation. According to the Explanatory Memorandum of Law 202/2010 states that： ＂Unlike the other laws, the law No. 202/2010 comes into Romanian legislative with the aim of speeding criminal proceedings as well as to prepare the implementation of the new codes, some of the regulations contained in future coding being found in this law.＂ In this respect, in the explanatory memorandum to the bill, it was noted that ＂from the major failures of justice in Romania, the harshest criticism was the lack of celerity in solving cases. ＂ As often judicial procedures prove to be heavy, formal, expensive and lengthy, it was recognized that judicial effectiveness of justice consists, largely, in the speed with which the rights and obligations enshrined in judgments are part of the juridical circuit, thus ensuring the stability of legal relations to be decided. The introduction of simplified procedure of admission of guilt in the Criminal Code, now in force, was justified in the explanatory memorandum, among others, by Article 6 paragraphs 3 letter d） of the European Convention which guarantees the defendant the right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses under the same conditions as witnesses against him. This right has a relative character,＂ the defendant may give up his pursuit before an independent and impartial tribunal, and elect to be tried based on the evidence administrated in criminal prosecution. In this respect, the Strasbourg Court stipulated that the defendant has the opportunity to waive the right guaranteed by Article 6 paragraph 3 letters d） of the European Convention and, consequently, he cannot claim that this right was violated, if the sentencing court based its decision on the statement made during prosecution of a witness （anonymously） in whose defendant waived hear     

Constitutional enforcement of socio-economic rights： South African case study

The entrenchment of socio-economic rights in the South African Constitution is a critique. It is submitted that a constitution that pretends to guarantee rights which cannot be judicially enforced should not be considered a serious legal document. In this paper, particular attention is paid to the far-reaching judgment by the Constitutional Court in Mazibuko and others v The City of Johannesburg. The questions posed and answered relate to issues such as the enforceability of socio-economic rights entrenched in the constitutions.