生命法定义论

生命法是生命法学的最基本概念。首当其冲 ,研究生命法学必须首先论述生命法之定义 ,否则 ,必将“盲人摸象”各言其是 ,使生命法学研究陷于混乱。　　 生命法概念的提出邓公平同志最早提出了“生命法”与“生命法学”这两个概念。在他主编的《医药卫生法学》一书【1】中 ,他写有“现代科学技术与生命立法”一章 ,其中第二节为“生命法的原则” ,第三节为“生命法的若干进展”。他指出 :“至今为止 ,有关生命科学的法律问题 ,人们总是把它纳入伦理的范畴。看来 ,这样的研究模式需要转变 ,因为它模糊了伦理与法律的界限 ,从而削弱了法律的权威…     

The legal file

In this essay I examine the criminal defense file. I argue that being a largely neglected “object” of the legal field, upon a close examination, the file discloses its intriguing materiality as what is predicated on the structure of the fold that allows for the objective, virtual, and narrative spheres to overlap in a specific act-object, which, with Gilles Deleuze, I call objectile. A subsequent phenomenological analysis of the legal file as objectile shows how its constitutive features help the attorney shape ordinary matters into plentiful matters, turning the file into a locally designed sign system. Once exposed, this system reveals its relations to the legal system at large, with individual activities, institutional practices, and legal procedures all being a part of a complex manifold that is law.     

论公民法律意识的培育

在建设社会主义法治国家的进程中,提高全体公民的法律素质尤其是法律意识是一项长期而艰巨的任务。一方面,尽管我国公民的法律意识较改革开放初期已有较大的提高,但离法治社会的目标仍有较大的距离,特别是一些肩负组织、管理、决策职能的领导者的法律意识仍十分淡薄,“以言代法”、“以权代法”、“以情代法”的现象还在一定范围内存在;另一方面,我国学界对法律意识的研究和探讨也有待进一步深入。有鉴于此,笔者不揣冒昧,拟对法律意识的主要内涵、法律意识成长的社会环境因素以及法律意识培育的途径作一个粗浅的分析,以求教于学界。     

The legal implications of viruses

By now most readers will have heard something of the damage that can be caused by computer viruses. These programs are created by mischievous individuals for the sole purpose of disrupting a computer system or any software with which it comes into contact. Any victim of one of these attacks is going to concentrate initially on getting his system up and running again and his business back to normal. Subsequently he may want to consider his legal position and more importantly what redress might be available against the perpetrator if he can be found. His difficulties are only just beginning since the law will not provide immediate answers. There may be no problem on the criminal side as there is a good chance that the producer of the virus will be liable for criminal damage under the Criminal Damage Act 1971. Much more difficult to determine is the question of damages for any losses sustained during the attack. Moreover, if a software retailer has sold an infected disk to a customer who subsequently uses it to his detriment, can the supplier be sued by the customer either for breach of contract, misrepresentation or under the tort of negligence. To what extent will any exclusion clauses operate to protect the supplier from such claims and if damages are in prospect for what types of loss can they be claimed. A victim of a computer virus will have major problems quantifying his loss, quite apart from the numerous legal obstacles he must overcome in the first place to reach that stage in court.Bernard Zajac now comments on some of these questions following interviews he had with a number of US legal experts on the subject. Some interesting conclusions emerge.     

The changing legal environment of the juvenile court

The American juvenile court is in a state of legal flux. From its informal beginning in English chancery law, to its formal inception in the United States in 1899, the court has been exposed to a number of diverse, competing pressures. Since the Supreme Court case of In re Gault in the mid-1960’s, the whole underpinnings of the juvenile court have been so shaken that one must now ask whether or not the last vestiges of parens patriae have been swept away. If this is indeed the case, America should now seek alternatives to the present system of juvenile adjudication —for the sake of the child and for the sake of justice.     

法学意义上的社会弱势群体概念

对社会弱势群体概念的理解和认识不应当局限于社会学领域。因为那只是对社会弱势群体的多元化解释中的一种。既然法律是调控人类社会生活的主要规则 ,社会弱势群体就必然需要法律的调整、帮助和保护。那么 ,从法学的角度对社会弱势群体进行解释就并非毫无意义。在法学中 ,社会弱势群体是指由于社会条件和个人能力等方面存在障碍而无法实现其基本权利 ,需要国家帮助和社会支持以实现其基本权利的群体。因此 ,社会弱势群体概念的外延决定于现时社会中被人们认可的基本权利。同时社会弱势群体并不是严格意义上的比较性概念 ,而是身分性概念。     

The special role of foreign legal history in China in the construction of a new legal system

The development of the Chinese legal system is based on the learning of foreign legal systems. Foreign legal history, as one of the elementary courses in higher legal education, is becoming a driving force for China’s progress toward the rule of law and is playing an indispensible role in the construction of Chinese legal system by educating, cultivating and academic exchanging. The discipline of Foreign Legal History not only provides diverse perspectives for the construction of a new Chinese legal system, but also testifies the establishment of the rule of law in China. It not only benefits Chinese legal system, but also makes contribution to the cultivation of the new generation of Chinese legal talents. Therefore, we should insist on learning from the legal cultural heritage embedded in Foreign Legal History for the purpose of developing Chinese legal system.     

The legal classification of identity-based signatures

Identity-based cryptography has attracted attention in the cryptographic research community in recent years. Despite the importance of cryptographic schemes for applications in business and law, the legal implications of identity-based cryptography have not yet been discussed. We investigate how identity-based signatures fit into the legal framework. We focus on the European Signature Directive, but also take the UNCITRAL Model Law on Electronic Signatures into account. In contrast to previous assumptions, identity-based signature schemes can, in principle, be used even for qualified electronic signatures, which can replace handwritten signatures in the member states of the European Union. We derive requirements to be taken into account in the development of future identity-based signature schemes.