Development of forensic standards in China: a review

Forensic science is crucial for the administration of justice and case investigation.in China,political-legal organizations,including the courts,public security,procuratorate,and judicial administration,developed their own forensic practices before 2004.As a result,the frequent and repeated appraisals undermined judicial authority and credibility.Thus,a law was published in 2005 to improve the uniform forensic management system by the Standing Committee of the National People’s Congress,leading to the establishment of the Forensic Administration of the Ministry of Justice in 2006.During this process,the increased accreditation and interflow highlighted the role of consensus in forensic standards for forensic service providers to avoid uncertainty regarding the methods used and interpretation of results.in 2017,a policy document was promulgated again to strengthen the importance of the uniform standards,which also proposed to establish a new national technical committee for the standardization of forensic science by the General Office of the State Council.in 2018,despite the continuing problems concerning uniformity,the Forensic Administration of the Ministry of Justice was merged into the Public Legal Services Administration.Yet,there is still a long way to go for the national technical committee for the standardization of forensic science.This paper analyses the evolution of forensic standards internationally and nationally,discusses the existing problems,and proposes relative solutions.Moreover,it discusses the future of standards development with the deepening of the reformation of both the national standardization and judicial system.     

SIMULARIZING VIJNANA AND DESIRE,REPEATING YI AND JUSTICE： TRANSPLANTING DELEUZEAN BECOMING INTO THE MACHINE OF HONG KONG ANTI-DOMESTIC VIOLENCE LAW

The law controlling domestic violence in Hong Kong was amended in 2008 and 2009 The revised law introduces a new injunction order which can mandate that abusers attend counseling programmes, and extends legal protection to same-sex couples. As the author have argued elsewhere, the changes in the law can create （gender/sexual） justice as both issues engage with traditional Han-Chinese culture. Nonetheless, with the implementation of the new machine, the following two questions still need to be addressed. Can the changes produce justice？ What is justice？ This paper investigates, in Deleuzean terms, how the machine of anti-domestic violence law in Hong Kong creates the becoming of justice. Hopefully, the examination of this issue can also shed light on the future development in mainland China of the law controlling domestic violence.     

THE POLICE INVESTIGATOR＇S AUTHORITY TO ISSUE PROVISION LETTER OF INVESTIGATION CANCELLATION： ITS URGENCY IN THE PERSPECTIVE OF INDONESIAN CODE OF CRIMINAL PROCEDURE

According to integrated criminal justice system, Police is the gatekeeper of the Indonesian criminal justice system or the pioneer State＇s institution and agency in criminal law enforcement. Consequently, when public are disappointed with law enforcement, attention will firstly be directed to the police. Hence, according to the Direction of the Chief State＇s Police No. KEP/3 7/X/2008 concerning the Accelerated Program of the Indonesian Police Transformation towards independent, professional and accountable police, all levels of police structure are ordered to be able to change the paradigm of the police services as soon as possible. In addition to that, police investigators have published some letters of Investigation Cancellation Order （SP3） as it is a part of police＇ authority stipulated in the Code of Criminal Procedure （KUHAP） and the Law No. 2 Year 2002. However, there are still abundant of cases to solve. Consequently, there should be policy regulating the authority of investigators to issue Provision Letter of Investigation Cancellation （SKP2）. This modest article attempts to describe philosophical foundation of the urgency of police authority to issue SKP2 and the juridical implication covers the law enforcement effort, strenghthening the realization of duties and responsibility of the police investigators in settling cases and facilitating the effort to attain the goals of the law namely justice, usefulness, and legal certainty, as well as assisting to search and find the substantially truth by paying attention to the protection of human rights.     

REHABILITATION POLICY IN THE LEGAL PROTECTION OF CHILD AND RAPED WOMEN AS VICTIMS

The research focused on identifying the rules or norms of positive law, relating to Article 64 paragraph （3） letter a of Act No.23 of 2002 carried through rehabilitation efforts, both within the institution and outside the institution. The treatment between the rights of offenders and the rights of victims is equal in the criminal justice system. Positive in criminal law today is more emphasis on the protection of non-physical rehabilitation of order been done ＂in abstracto＂ or indirectly acoords legal system in Indonesia embraces the Civil Law svstem,     

THE SPECIALIZATION OF JUSTICE ORGANS AND PROFESSIONALIZATION OF JUSTICE PERSONNEL IN CHINESE JUVENILE CRIMINAL CASES

Juvenile criminal cases should be investigated, prosecuted and judged by specialized organs and full-time personnel China should follow international criminal judicial criteria and implement the relevant laws, such as the Chinese Criminal Procedure Law and the Law on Protection of Minors in China, to promote the specialization of justice organs and the professionalization of justice personnel involved in juvenile criminal cases.     

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.     

Quality Control System of Judicial Expertise in China

正The current quality control system of judicial expertise in China For a long time in China,the administrative organization of justice has been subordinate to universities,Ministry of Public Health,Ministry of Public Security,the Procuratorate,the Court and National Security Agency.These administrative organizations are mainly in charge of the management of judicial expertise.The quality control system     

Editor’s Note

Envisioning a well-ordered society composed of filial subjects who obeyed the law, avoided disputes, shunned religious heresy, paid their taxes, and peacefully engaged in agriculture, the Kangxi emperor’s “Sacred Edict of Sixteen Maxims” (圣谕十六条) has often been considered a declaration of the alien Qing dynasty’s Confucian bona fides. While the rhetoric of the pronouncement echoed traditional moral values, the political acumen of the Qing rulers was readily apparent in the eighth maxim, “explain the laws to warn the ignorant and obstinate.” Melding moral and legal education, the eighth maxim specifically endorsed the efficacy of the law. The importance placed on legal knowledge was abundantly clear in one of the earliest commentaries, which explained all sixteen maxims with examples of applicable legal guidelines. Thus, the “Sacred Edict” was a shrewd maneuver that endorsed traditional moral values, but it also foreshadowed a “legislative turn” in the Qing rule that was discernible in the evolving ethos of criminal justice. Despite the extensive efforts to propagate the “Sacred Edict,” violent crime was on the rise in the Kangxi, Yongzheng, and Qianlong reigns. When transformation through moral “teaching and cultivation” (jiaoyang 教养) failed to alleviate social conflict, Qing rulers reconsidered and revised the established practice of criminal justice and the existing concept of criminal behavior. By the end of the eighteenth century, the effort to stem the tide of violent crime relied less on ideological exhortation and more on legislation that articulated harsh punishments. This “legislative turn” in Qing criminal justice resulted in an aggressive policy of deterrence that facilitated the greater use of capital punishment.     

THE VERDICTS OF CRIMINAL LAW JUDGES REFLECTING THE PRINCIPLES OF FUNDAMENTAL JUSTICE BASED ON PANCASILA

Indonesia is a state law. This statement can be found in Article 1 Verse （3） of Indonesia Constitution of 1945 and is elaborated more in Act No. 48 Year 2009 on Judicial Power-in which Article 1 No. 1 asserts that Judicial Power refers to the power of a free country to perform court systems in order to enforce the law and justice based on Pancasila and Indonesia Constitution of 1945, in line with the status of Indonesia as a state law.     

THE EXISTENCE OF LAW NUMBER 23 YEAR 2002 ON CHILD PROTECTION

The increase number of street children that resulted in the disturbance of sense of justice, and humanity value in society as they have become ideal value stipulated in the preamble of 1945 UUD NKRI that state has obligation to protect its citizen, as it is also regulates in Part 4 UUD 1945 preamble. The increase number of street children indicates shifting function of state, which in the theory recognized function of state to provide protection toward all citizen including street children. The increase number of street children also indicates that state has ignored its duty to provide legal protection toward citizen yet also street children. Meanwhile, Law No. 23 year 2002 on children protection only regulates the general term of children protection and it still lacks of rules and concept of street children protection in the specific way as a basis to provide legal protection toward street children. The result of this research show that Law No. 23 year 2002 on children protection did not specifically accomodate the practice of legal protection on street children. This condition due to the process of Law on Children Protection drafting process are the issues of general term of children protection, education issue, economic issue, monetery crisis, poverty issue, political issue and street children issue. However until now, the issue relates to street children has increased qualitatively and quantitatively because Indonesia still regarding the issue of street children is an unfamous issue to discuss seriously and the fund to solve the problem of street children is incomparable to the economic oriented demand, meanwhile street children are children that have special needs that require attention and proper specific protection supported with specific regulation that regulates in Law No. 23 year 2002 in children protection as children with special needs.     

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     

Between Tradition and Modernity: The Re-trial System of the Beiyang Period in the Early Republic of China (1912-1928)

During the Beiyang period of the early Republic of China, the re-trial system覆判 referred to the practice where cases considered by the county magistrate had to be sent to the provincial high court for re-trial to ensure that the case facts were true, the law was correctly applied, and the penalties were appropriate. The scope of the re-trial cases continuously expanded from 1912 to 1922 and, finally, the Amendment to the Statutes on the Re-trial System in 1922 stipulated that all cases under the jurisdiction of the district courts where county magistrates tried, whether through appeal or re-trial, had to be re-tried by the high court or its branches. The adjustment of the scope of the re-trial cases was closely related to the extent to which the county magistrates’ judicial discretion was restricted. During the Beiyang period, due to the failure to establish formal courts of the first instance in counties throughout the country, the county magistrates concurrently handled judicial affairs, which inevitably caused the magistrates’ judicial discretion. The re-trial system was originally designed to compensate for the drawbacks of county magistrates managing judicial affairs and to facilitate the transition within the judicial system. However, the interpretation of the role of the re-trial system should not be limited to reconciliation and adaptation of the old and new judicial systems in the Beiyang period but also to compensate for the deficiencies of county magistrates’ judgments by continuously improving the re-trial procedure and to ensure the fairness of justice through restrictions on the judicial discretion of county magistrates, the enjoyment of equality of procedures, and the establishment of supervision procedures.     

LIABILITY OF JUDGES OF THE SUPREME ADMINISTRATIVE COURT FOR INFRINGEMENT OF THE EU LAW

European Justice Court in Kobler and Traghetti decision defined principles of EU Member State compensatory liability in relation to civil law subjects due to damages caused by judicial authorities＇ acts breaching EU regulations. Due to lack of proper EU procedural norms, claims against such acts, which in fact are serious errors of Member State＇s judicial authorities, follow on the base of Member State＇s rules,     

论侵权案件的美国现代法律选择方法(英文)

INTRODUCTION American conflict of laws rules originated from the traditional private international law. Obviously the first restatement of conflict of laws is such a follower.However,what can be concluded from numerous reported eases is that due to the inflexibility of the connecting factor in the contests of the traditional theory,judges are inclined to introduce various rules e.g.ren- voi,characterization for the purpose to achieve ease justice.In certain eases,following the provisions of the first res...     

CHALLENGES OF DEVELOPMENT IN BURUNDI： A CASE STUDY OF PROTECTION OF REFUGEES AND IDPS IN POST-CONFLICT RECONCILIATION AND TRANSITIONAL JUSTICE

Violations of human rights and genocide in Burundi are among the most contentious issues which continue to attract the attention of academic discourse. This paper is concerned with the question of human rights violations in Burundi from a historical and comparative perspective. It seeks to trace the root causes of Burundi＇s sullied human rights record over 52 years since independence from Belgium in 1962, the role of the military in human rights violations, including mass killings of civilians and extra-judicial executions of political opponents and the fact that the post- conflict constitutional architecture has not succeeded in establishing accountability and responsibility for these violations; in providing truth, justice and reparations to the victims and in putting an end to the culture of impunity which seems to be entrenched in Burundian society. Moreover, by analyzing critically the results from interviewing 113 Burundians and 16 non-Burundians, this paper argues that there will be no political stability enduring peace without addressing these issues in a comprehensive manner.     

Applying the applicable law： The ex aequo et bono provision of the FAT Rules

One of the characteristics of arbitration is the freedom of the parties to choose the applicable law, i.e., the law governing the merits of the dispute. According to the FAT Rules （art. 15.1）, ＂Unless the parties have agreed otherwise the Arbitrator shall decide the dispute ex aequo et bono, applying general considerations of justice and fairness without reference to any particular national or international law.＂ In fact in almost all the cases ruled by FAT, the parties choose the application of ex aequo et bono.     

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     

Towards a new paradigm of the right to self-determination in the world trading system

There has been a shifting meaning of the right to self-determination, since World War Ⅱ, from territorial decolonisation into other meanings such as the right for indigenous people, minorities, ethnics groups and women＇s rights in the territories of independent states. Furthermore, the new phenomenon signifies that it is also used implicitly in the world trading system by states in maintaining their sovereignty from trade liberalization. This has been a dilemma in understanding the right to self-determination within international law. This paper, however, critically evaluates the potential applicability of the right to self-determination in the world trading architecture. It begins by examining the origins, evolution and current struggle to the right to self-determination in the world trading system. It then addresses in General Exceptions, Safeguard Measures and Special and Preferential Treatment as existing and applied principles in the World Trade Organization. It is highlighted that the real world still needs the right to self-determination as a means of struggling for economic justice. The right to self-determination has shifted from the right to transfer territory politically into the right to the transfer of welfare economically and in particular, the right to self-determination of people into the fight to self-determination of states.     

The right to a fair criminal trial： A South African perspective

The right to a free and fair trial is one of the most basic human fights afforded to mankind. In South Africa, prior to 1994, this right was afforded to accused persons by common law only. The criminal justice system in South Africa however has been changing radically since 1994 due to the inception of first the Interim Constitution and later the Constitution of the Republic of South Africa, 1996. South Africa has a history of human rights abuses-also with regard to criminal trials. The right to a fair trial is now constitutionally enshrined and protected by the Bill of Rights. As a result thereof the application of this right by the South African courts has also changed and what would have passed muster in this regard prior to 1994 would not necessarily do so now. This paper seeks to explain what the right to a fair criminal trial in a democratic South Africa entails with reference to South Africa＇s international obligations in this regard as well as the provisions of the South African Constitution and case law.     

The transformation of Liangshan Yi marriage law

The traditional Liangshan Yi society was strictly stratified, and Yi law reflected this by stipulating the rule of marriage within the same rank, the violation of which would be forced to commit suicide. The rank system was abrogated in the Democracy Reform, the rule of marriage within the same rank has been criticized and abolished in the following Political Movements, however, it still predominates Yi people＇s marriage life. The radical political measures to abolish the traditional institutions have met failure in spite of the fact that the Liangshan Yi law has transformed due to both the political power relationship and market economy.