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.     

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.     

Another victim of the ＂banana war＂： Some reflections on the status of the principle of liability in the absence of unlawful conduct in the community legal system

Articles 235 and 288 second paragraph EC provide remedies for damages caused by Community institutions, to individuals, legal bodies or States that concern legal obligations outside the scope of contractual relations. Although it did not receive any real application, the principle of liability in the absence of fault is mentioned by the Court in a couple of cases. This article seeks to explore this principle in its due context and in the light of comparative law. To that effect, it is first necessary to make a short recall of the historical case law in this field, to analyze afterwards the latest jurisprudential developments （FIAMM/FEDON case）, and finally to consider the future prospects of this principle in the Community law through two options. One alternative would be to adopt more lenient conditions for the application of Community＇s liability for fault and notably a progressive abandon of the current serious fault regime and the adoption of the simple fault regime. Another option would be to remove the tort nature from the no-fault liability and to move from the reparation of damage to a compensation for the breach of the equality.     

THE CONSTITUTIONAL PROTECTION OF PEOPLE LIVING WITH HIV/AIDS WITH SPECIFIC REFERENCE TO THE RIGHT TO EQUALITY,PRIVACY AND DIGNITY IN SOUTH AFRICA

This study seeks to explore the impact of the South African Constitution on the people living with HIV/AIDS in South Africa. 1 The main focus is based on the Constitution and the Jurisprudence of the South African Constitutional Court. Besides the jurisprudence of this superior court, references will be made, in appropriate situations, to the jurisprudence of relevant inferior and foreign courts.     

Criminal responsibility for two consecutive crimes

Criminal legally responsible for responsibility in Israel his crimes unless the is defined in terms of polarity： all or nothing. An individual is court has determined that he is exculpated from criminal responsibility; there is no diminished criminal responsibility. The authors present a unique case where two expert psychiatrists determined that the accused was culpable for the first crime, rape, but was exculpated from criminal responsibility for the second crime, stabbing, which was committed immediately thereafter. As per the court approved plea bargain, the accused was charged only with rape, and was sentenced to incarceration in the psychiatric ward of the prison. The social significance of the expert psychiatric opinion and the court ruling will be examined in this paper.     

PROTECTION OF MALE SEXUAL RIGHTS IN THE CRIME OF RAPE

Crimes relevant to sexual offence in the current Criminal Law of the PRC, such as the crime of rape, the crime of forcible molestation and humiliation of women, the crime of indecency with a child, establish a relatively close net for protecting female sexual rights. However, the protection of male sexual rights is surprisingly neglected or disregarded. In current China, sexual offences against males （including sexual offence against a male by male and sexual offence against a male by female） are getting worse. Unfortunately, male victims of sexual offences cannot seek for legal remedy due to the lack of legal provisions. In theory, the Criminal Law needs to bring in the protection of male sexual rights. This thesis will focus on the issue relevant to sexual offences against males on the crime of rape. The authors will present increasing evidence of sexual offences against males and explore the reasons. We will analyze the necessity of amending the provisions of the crime of rape based on theoretical and practical research, and learn from the advantages of legislations of different times and places in China and other countries. We will conclude with suggestions for amending the current Criminal Law about the crime of rape in order to fill up the gap in legal protection of male sexual rights in China.     

THE ROLE OF THE NATIONAL JUDGE IN EUROPEAN STATE AIDS SECTOR

The article analyses the role and powers of the national judge in the context of State Aids litigation in light of the EU Commission＇s policy adopted in 2009. By analysing the EU Commission＇s policy designed to stimulate the interest of privates to claim judicial protection in front of the national Judge and the judgements of the European Court of Justice, the paper illustrates benefit and problems arising from the enforcement of EU Law in the domestic courts. The paper is focused on the role of the national judge in European state aids sector analyzing the state aids from the national Judge＇s perspective. It is highlighted that the judicial tools are available for the national judge to address the EU Commission and the EU Courts in order to receive support, if needed. Considering that the national Judge cannot analyse State aid＇s compatibility with the EU market-- because this competence belongs only to the EU Commission--it is of the outmost importance that the national judiciary is aware of its role. The EU jurisprudence illustrates that control of legitimacy operated by the Commission and the formal control operated by the national Judge are separate, but complementary to each other. The intervention of the national Judge is to reduce the anti-competitive effect of illegal supports supplied. The role of the national Judge appears very large as he enjoys some precautionary duties--such as the interruption of the aid＇s allocation and the revocation of it--and some curative duties--as the compensation for damages condemning the Member State or the beneficiary.     

REDEFINITION OF CURRENT LEGAL MEASURES＇ ROLE AS ＂PANACEAS＂ IN DIGITAL RIGHTS MANAGEMENT PLAY

In this article, the author tries to discuss what the appropriate legal protection of digital rights management （DRM） technologies is. The objective of the paper is to highlight the deficiencies of the present legal practices in U.S. and the E.U.. Compared with private remedy, such as making license and using technological protection measures, anti- circumvention rules will bring more widespread influence and probably rebuild the new benefit rules in copyright system. The theory of anti- circumvention legislation has been far away from the principle of traditional copyright since its emergence, which means there is no much experience that merits attention by current copyright system, even anti- circumvention rules in various countries no doubt provides legal support and so-called ＂lawful basis＂ for creators＇ rights expanding. The methodology research.     

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     

DATA ANALYSIS OF PROFESSIONALIZATION OF LEGAL WORKERS IN CHINA

Since the reform and opening up, the legal profession in China has changed dramatically. In terms of both quantity and quality, the legal profession has stepped into a new phase. A tendency towards widespread litigation and more professionals.＂ judges, lawyers and law students, can be clearly evidenced. Along with the development of the legal profession, other types of legal workers including business arbitrators, grassroots paralegal service workers （grassroots paralegals）, and mediators have experienced great changes. To a certain extent, they have become more marginalized than before. The development of the legal profession is extremely unbalanced. Whether in terms of the number of lawyers or the income generated by lawyers, the inter-provincial gap in China is huge. The development of the legal profession also brings out the issue of judicial corruption. From the number of letters and visits related to lawsuits and the National People＇s Congress deputies ＇votes on the reports of the Supreme People＇s Court and the Supreme People＇s Procuratorate, the level of legal corruption can be noted. This＂ problem has become a crucial challenge to the reputation of the legal profession and the judicial creditability of the country. The same amount of attention should be paid to judicial corruption as to the quality of legal services.     

THE CONCEPTUAL BASIS OF PRIVACY STANDARDS IN CHINA AND ITS IMPLICATIONS FOR CHINA’S PRIVACY LAW

China has one of the longest histories of civilization in the world. In ancient China, civil disputes were solved by moral principles of Confucianism, called li (礼). Therefore, at the time of the emergence of li, privacy was indirectly protected to some extent. However, li also restrained the legal privacy protection at that time. Moreover, the substantial meaning of traditional protection for privacy is quite different from that in modern society. In consequence, it is difficult to postulate that there was legal protection for privacy in ancient China, though privacy had been indirectly protected by the theory of li. If the right to privacy is seen as a milestone in its evolution in modern society, the modern concept and protection of privacy emerged in China almost a century later than in some Western countries. 1 The first consideration for the protection of privacy in China was a judicial interpretation by the Supreme Court in 1988.2 Since then, China has been developing its own protection for privacy. This article is to explore privacy standards in both ancient and modern China with two main parts: (a) The first part discusses the privacy in ancient China, including traditional Chinese concepts of privacy, traditional Chinese protection for privacy, and its evaluation; (b) the second part examines the privacy standards and privacy protection in modern China.     

THE FORMATION OF LOCAL POLITICAL PARTIES IN UNITARY STATE OF REPUBLIC OF INDONESIA CONSTITUTIONAL LAW PERSPECTIVE

As a unitary state which adheres to the principle of local autonomy in 1945 NRI Constitution, Indonesia reflects the character of federalism in the context of the relationship between central and local. The character is reflected on more number of government affairs under the authority of the local than the central. It also reflects that Indonesia actually is a very diverse country, so the plurality must be treated with establishing a decentralized unitary state. Indonesian pluralism is also reflected in the diversity of its people political channels. Unfortunately, in this context, the party system in Indonesia is still highly centralized with the party system with national concern only. This normative law research with theoretical, normative, sociological and historical approaches finds that Indonesia, theoretically, is feasible to implement the local party system in addition to the existing national political party, because it holds the doctrine of the federalism mentioned above. Normatively, the provisions of pluralistic of Indonesia are set out in the Constitution, including provisions on local autonomy which provides a space for the pluralism. The pluralistic of the political channels is sociologically proven by more differentiation of public options in every election. Therefore, for the building of diverse and autonomous Indonesia in the future, a local party system which dichotomous with national political parties needs to be built. It serves as the basis of the strengthening of regional autonomy in the context of the Unitary State of Indonesia.     

THE RULE OF LAW IN THE EXTERNAL RELATIONS OF THE EUROPEAN UNION WITH A SPECIAL FOCUS ON CHINA

In line with the ideas of its founding fathers, the European Union is a legal system built on the rule of law, internally and internationally which was highlighted by the Treaty of Lisbon （Art. 21）. The EU therefore has to pursue the implementation of the principle of the rule of law also in its external relations. This paper frames the rule of law not only in the context of the Union but also in the United Nations （III. 1） and provides concrete illustrative examples for the implementation on the international scene by the EU. Section IIl deals with the Cotonou Agreement, the European Neighbourhood Policy, Central Asia, South Korea and Myanmar/Burma. Special attention is paid to the case of China （III.3f） where the preoccupation with the rule of law poses a particular challenge which is not side-stepped by the Union. In pursuing this policy, the EU contributes to the development of rule of law in international law and governance.     

Biometrics,e-identity and the balance between security and privacy： A case study of Passenger Name Record （PNR） system

The proposal of European Commission for a Framework Decision on the use of Passenger Name Record （PNR） data for law enforcement purposes, specially combating terrorism, raises new security and privacy issues such as the compatibility with the proporsionality principle. Aftermath of the September 11 attacks a new political-law status of ＂war＂ against the so-called unlawful combatants of the ＂enemy is established. Some measures against terrorism may seem reasonable in a situation of war although they would never be acceptable in a time of piece.     

CONCEPT OF SYNDICATED LOAN AGREEMENT BASED ON ECONOMIC DEMOCRACY FOR MICRO,SMALL AND MEDIUM ENTERPRISES （MSMES） IN INDONESIA

The banking institutions play an important role in providing development funds through one of their efforts such as syndicate loan. Syndicated loan is given only for large companies, because the loan value which is given from some banks to one debtor, higher than Legal Lending Limit. Economic democracy will give the priority to public welfare not to individual prosperity. Society value in economic life is justice. Article 2 of Law No. 10 of 1998 for banking which gives the clear explanation that Indonesian banking do their business based on economic democracy by using prudential principle. The definition of economic democracy is giving the greatest opportunities to all people to enjoy an increase in prosperity from bank functions, collector and distributor of public funds. As well as in syndicated loans, economic democracy principles should apply to all public, micro, small, medium and large enterprises to enjoy the loan syndication in order to improve all public welfare.     

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     

Building a new paradigm in law education in term of upholding the rule of law in Indonesia through clinical study

Clinical legal education or CLE is known long enough in Indonesia by establishing Legal Aid Body named Lembaga Bantuan Hukum （LBH）, which aimed to train and prepare student to work in the real world especially in contributing and supporting marginal people （low-income people）. This mission was in line with the rule of law principle, which has characteristic values of supremacy of law, equality before the law, and due process of law. Recently, CLE is linking practical experience and legal theories to provide students with comprehensive understanding of legal aid and its goals, in particular, the implementation of the rule of law in Indonesia.     

Hypothetical intentionalism in statutory interpretation

Intentionalism is the view that an utterance （understood broadly as a spoken phrase, a written text, or even a gesture） means what its utterer intends to mean by it. In the philosophy of language, Grice＇s version of intentionalism rules the day, but intentionalism in statutory interpretation has well-known enemies. Antonin Scalia argues that the search for the intentions of actual legislators destroys the publicity of law and leads judges into fact-finding rather than rule-application. The author argues for a sophisticated version of intentionalism according to which the utterer of law is not an empirical individual or group of individuals but a hypothetical sovereign. The meaning of a legal text is whatever an ideally rational and reasonable communicator would intend to mean by it. By divorcing the meaning of law from the actual intentions of sometimes-conflicted and insincere legislators, this theory preserves the publicity of law and helps avoid fact-finding. Furthermore, it does justice to canons of construction （e.g., ejusdem generis, noscitur a sociis）, which seem to aim at what an ideally rational and reasonable lawgiver would mean by a given legal text. Finally, hypothetical intentionalism accords with actual judicial practice, at least in the United States Supreme Court, where justices often seem to tacitly assume that the utterer of law always expresses her meaning in the best possible way.