RETHINKING JUVENILE STATUS OFFENSE LAWS: CONSIDERATIONS FOR CONGRESSIONAL REVIEW OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT

Families struggling with a breakdown in communication, trying to control the behavior of an unruly child, or experiencing a crisis often look for outside help. Many families, particularly those without resources to pay for private support, turn to their local status offense system. Status offenders are young people charged with behavior unique to their status as juveniles such as running away, truancy, or disobedience. In 2007, Congress will begin to consider reauthorization of the Juvenile Justice Delinquency Prevention Act (JJDPA), the federal act related to status‐offender policy. By providing an overview of recent state status‐offense legislation and case law, this article identifies issues to be addressed by Congress in reauthorizing the JJDPA.     

PERSONAL DATA PROTECTION: RETHINKING THE REASONS,NATURE, AND LEGAL FRAMEWORK

This paper rethinks the reasons for and the nature and means of personal data protection. The reasons for personal data protection are that it could promote the fairness and effectiveness of information flow, help individuals develop their independent personality, and equip them to deal with risks. With respect to the nature of personal data, this paper argues that such data should not be perceived from a purely individualistic point of view. Rather, there should be a contextualized understanding of the data, which considers the appropriate information flow of personal data within a particular context. Regarding the legal framework of personal data protection, this paper suggests that consumer protection law and public law are better equipped to protect personal data than tort, contract, or property law.     

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.     

事实与规范之间 从被害人视角对刑事实体法体系的反思

<正>一、引子:由一起"辩诉交易"案说起2002年4月11日,黑龙江省牡丹江铁路运输法院开庭审理一起故意伤害案。案件事实很简单。2000年12月18日晚,被告人孟广虎在黑龙江省绥芬河火车站北场内,因车辆争道与吊车司机王玉杰发生争执。随后,孟广虎和王玉杰等数人发生争吵。孟感到自己势单力薄,     

RETHINKING DEMOCRACY AND RULE OF LAW FROM THE PERSPECTIVE OF RHETORIC

With its revival in recent years, rhetoric has provided a special perspective for modern people. If we take rhetoric as a framework to rethink democracy and rule of law, we may not only grasp a new understanding of them, but also gain more knowledge of the possible role of rhetoric in the contemporary world. We will find that rhetoric was closely related to democracy and rule of law, and is still fully accordant with ideas of democracy and rule of law in modern society. Moreover, rhetoric can provide intellectual support to these concepts.     

汉德公式的解读与反思

<正>过失的要义在于不合理。德国民法典第276条第2款规定,过失为未尽交易上必要的注意。如果连起码的注意都未尽到,行为显然是不合理的。美国侵权法将过失界定为"未能(在具体场景下)尽到合理的注意"或者"制造不合理的风险"。在英国,"合理性是过失     

彩礼返还制度研究兼论禁止买卖婚姻和禁止借婚姻索取财物

一、问题的提出依据最高人民法院、司法部《关于婚姻案件中聘金或聘礼处理原则的指示》(1951年10月8日)(以下简称为1951年《聘金或聘礼处理的指示》)第1条和最高人民法院《关于聘金或聘礼的几个疑意和早婚如何处理问题的复函》(1951年12月3日)(以下简称为1951年《聘金或聘礼的复函》)第3条之规定,“男女双方均以婚姻为目的”而给付的“聘金或聘礼”,依其性质可分为以下三类:①“公开的买卖婚姻性质的”聘金或聘礼;②“变相的买卖婚姻性质的”     

THE DIFFERENT ROLE OF MANDATORY ACCESS IN GERMAN REGULATION OF RAILROADS AND TELECOMMUNICATIONS

Network services can be provided efficiently in competitivemarkets, if non-discriminatory access to the complementary infrastructurecapacities is guaranteed. The sector-symmetric application ofthe disaggregated regulatory approach to railways and telecommunicationsreveals the different role of mandatory access. Whereas in telecommunicationsonly the local loop may create a remaining regulatory problem,mandatory access has to be guaranteed with respect to the railwayinfrastructure as a whole. In spite of the large phasing-outpotentials of sector-specific regulation in telecommunications,this sector is still under the burden of over-regulation. Incontrast, in the railway sector mandatory access has been introducedonly recently.     

论海上货物运输强制性法律规范的性质与功能

<正>在海上货物运输领域,国际统一立法的努力从未间断。1897年,国际海事委员会(Com- mittee Maritime International-CMI)成立,先后制定了一系列国际海事统一法,特别是《1924年海牙规则》、《1968年维斯比规则》的制定,为统一国际海上货物运输法,减少国际贸易体制性     

VOICES FROM THE BARRIO: CHICANO/A GANGS,FAMILIES, AND COMMUNITIES*

Based on in‐depth interviews with 33 youth gang members and 20 adult neighborhood leaders and youth service providers, we explore the complicated relationships among gang members, their families, and other residents of poor Chicano/a and Mexicano/a barrios in Phoenix. Listening to the multiple voices of community members allows for a multifaceted understanding of the complexities and contradictions of gang life, both for the youths and for the larger community. We draw on a community ecology approach to help explain the tensions that develop, especially when community members vary in their desires and abilities to control gang‐related activities. In this exploratory study, we point to some of the ways in which gender, age, education, traditionalism, and level of acculturation may help explain variation in the type and strength of private, parochial, and public social control within a community.