困境与出路:我国公民知情权的实现

目前 ,宪法修改的呼声越来越高 ,对此次修宪 ,人们议论最多的是如何进一步完善我国公民的基本权利体系 ,这既是宪法的一个根本问题 ,又是与国际人权公约接轨的需要 ,也是世界各国立宪经验的总结。就我国而言 ,由于现行宪法规定的公民基本权利不充分 ,因而应当入宪的公民基本权利较多 ,其中 ,当务之急 ,应将公民的生命权、财产权、知情权、公职权、迁徙自由权、公平审判权和生活环境权写入宪法。为此 ,本文对上述诸多权利进行了分析探讨。     

中国富豪的慈善真相

中国企业家的善举已屡见不鲜，但如何找到一条适合自身的慈善之路仍然没有清晰的答案     

Combating the threats of cybercrimes in Malaysia: The efforts,the cyberlaws and the traditional laws

Cybercrimes are increasing in Malaysia. According to a report the crimes jumped by 88 per cent in 2011 with 15,218 cases compared with 8090 in 2010. This report has caused a lot of concern from the Government and the public. At a glance, these crimes are like ‘diseases’ spreading throughout the country and causing damage to people, the economy and the country. Although various efforts have been taken and some are still ongoing, total prevention of cybercrime is very difficult. Combating the threat is very challenging since Malaysia is still lacking in many of the tools required including manpower and technology. But the efforts will continue. This paper discusses some of the efforts taken by the Government and other organisations to deal with these problems followed by an analysis on the application of cyberlaws and how these measures work together with the traditional law in tackling cybercrime cases.     

The emperor has no clothes: examining the employee exception to the anti-referral laws

The Anti-Referral laws are omnipresent in the practice of health law. Perhaps as a result of their wide scope in application, those laws have had a number of unintended consequences. This Article closely examines one aspect of those laws: the exception applicable to otherwise forbidden conduct that takes place between employer and employee. The author concludes that this exception does nothing to advance the policy of the laws, has led to much confusion, and has had the unintended consequence of accelerating the business consolidation of physicians with each other and with clinics and hospitals. Consequently, she asserts that this exception should be repealed.     

The truth and the trial: victim participation,restorative justice,and the International Criminal Court

In the field of international criminal justice, the international criminal court (ICC) has been lauded for its integration of victim participants into its legal proceedings. In particular, the ICC’s framework of victim participation has been understood to figure as a balance between retributive and restorative justice as it enables the actual voices of the victims to be heard. However, there has been little research that considers how victim participation works in practice as a form of truth-telling. In order to begin to address this gap, the integration of the ‘voices of the victims’ into the proceedings and outcome of The Prosecutor v. Thomas Lubanga Dyilo is explored. The forms of harms and experiences that comprise the truth of the events under adjudication put forward by the victim participants are considered, and then how the truth-telling functions of the ICC represent these states of injury. While the ICC’s legal proceedings enable victims to speak of their harms and experiences, their ‘voices’ are largely absent from its judgment. To address this issue, the ICC needs to develop and maintain a level of ‘restorative justice coherence’ to manage victims’ expectations of its justice approaches.     

The sinking of the Lusitania: reviewing the evidence.

On the afternoon of 7 May 1915 the Cunard Liner Lusitania was torpedoed by a German U-boat whilst en route to Liverpool. Consequently in sank with the loss of 1,195 lives. A series of investigative and formal research exercises, undertaken in the light of eye-witness accounts of the events surrounding that tragedy, has given rise to a number of hypotheses concerning the loss of this vessel. In this paper all the available evidence concerning the attack, and the one or more explosions that occurred, is summarised. The conclusions regarding the torpedo effects and the most likely causes of the secondary events are reported.