UNCONSTITUTIONALITY OF RECIPROCITY REQUIREMENT FOR RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN JAPAN

This article deals with reciprocity requirement for recognition of foreign judgments in Japan. Following German law, Japanese law requires reciprocity to the rendering state in addition to the jurisdiction of the state, the service of process, and the compatibility with Japanese public policy. Although Japanese courts have rarely refused the recognition of foreign judgments for lack of reciprocity for a long time, some Chinese judgments recently have not been recognized for this reason. The author clarifies first with historical review what was the purpose of the Japanese legislator, when the original law of 1890 required the reciprocity by international treaties, and when later the reform law of 1926 required the simple reciprocity that is similarly provided in the current law. The author surveys then the Japanese case law concerning the reciprocity requirement after the reform of 1926. The author focuses further on the reciprocity between Japan and China and compares the Japanese practice with the German one that led to a different result. Last, it is concluded that the reciprocity requirement is contrary to the protection of human rights under Japanese constitution.     

公安机关刑事执法公开问题研究

通过15年的改革和发展,我国已经形成了刑事执法信息公开的原则、范围、内容、方式、时限、主体和监督救济渠道等相对完备的实施机制。但因为公安机关长期以来并没有信息公开的传统,要从神秘走向公开,还需要健全实施策略,改革公安机关信息公开法规的可操作性、公开责任的强制性、向公众公开的广泛性、公民知情权的可救济性。     

RULE OF LAW IN CHINA-- LEGISLATION REASONING AND ENFORCEMENT OF ANTI-MONOPOLY LAW IN CHINA AND THE WEST

It is a long debate over whether rule of law is reliable in China, when some Chinese regulations are considered to be decided for political interests rather than the law itself. Furthermore, Chinese court decisions are often criticized for not according with statutes, even though the latter are properly written. The author examines these issues by comparing the legislation reasoning and enforcement of competition law in China, the European Union and the United States, which will not lead to endorsement of or objection to the view that rule of law is properly enforced in China, but it shall be an inevitable responsibility for the Chinese judiciary to demonstrate efforts it has taken.     

COMPARING ANTITRUST ENFORCEMENT IN THE UNITED STATES AND EUROPE

Among the many important changes wrought by Regulation 1/2003are the decentralization of responsibility for enforcing EUcompetition law from Brussels to Member States and the creationof the European Competition Network to encourage coordinationand information-sharing among the 26 competition authoritiesin the EU. This article contrasts Europe's new system of competitionenforcement under Regulation 1/2003 with that of the UnitedStates. I focus upon two of the more significant features ofthe U.S. system: the dual legislative and enforcement authorityof the States and the Federal Government, and private enforcement.The Commission is presently evaluating measures to facilitateprivate enforcement and is set to release a Green Paper on thattopic later this year. I highlight a few characteristics thathave made private enforcement such a significant component ofthe U.S. antitrust regime, in some ways and at some times providingtoo much incentive for plaintiffs, at the expense of neutralor procompetitive business activity.     

LAW ENFORCEMENT IN A TIME OF COMMUNITY POLICING*

Community policing creates the expectation that oficers will become more selective in making arrests and that those decisions will be influenced more by extralegal considerations and less by legal ones. Data on 451 nontraffic police-suspect encounters were drawn from ridealong observations in Richmond, Virginia, where the police department was implementing community policing. The arrest/no arrest decision is regressed on variables representing legal and extralegal characteristics of the situation. Legal variables show much stronger effects than extralegal ones, but that depends upon the officer's attitude toward community policing. Supporters of community policing are, as predicted, more selective in making arrests and much less influenced by legal variables than are officers with negative views. However, pro-community-policing officers are like negative officers in the extent of influence exerted by extralegal factors. There are some differences between the two groups of officers on the strength and direction of effects of predictor variables taken individually, but only 1 of 17 is significant. Thus, in a time of community policing, officers who support it do manifest some arrest decision patterns distinguishable from those of colleagues who adhere to a more traditional view of law enforcement.     

TARGETED ENFORCEMENT AND ADVERSE SYSTEM SIDE EFFECTS: THE GENERATION OF FUGITIVES IN PHILADELPHIA*

Research on targeted enforcement in high‐crime places has focused on direct crime‐reduction impacts, possible displacement of crime, and more recently, diffusion of benefits to adjacent areas. Studies have ignored other unanticipated negative effects that a place‐oriented enforcement intervention may have on the justice system overall. Using the generation of fugitive defendants as one possible example of an important system side effect, this study proposes hypotheses relating to adverse, generalized, system side effects of a place‐ and crime‐focused intervention, and it tests for target area and targeted crime‐type effects, nontarget area and nontargeted crime‐type effects, and overall system effects. The analysis employs a multiple interrupted time‐series design [auto‐regressive integrated moving average (ARIMA)] to test the impact of one widely publicized, geographically targeted drug‐enforcement strategy in Philadelphia (Operation Sunrise, formally launched in June 1998) on the incidence of bench warrants as a measure of fugitives (weekly aggregate bench warrants series for the period January 1994–May 2005; N= 590 observations). The findings appear to support all hypotheses as they relate to the example of the generation of fugitives, and suggest a generalized system adverse side effect from the circumscribed place‐ and crime‐focused intervention. The implications of the findings for both research and policy relating to targeted enforcement interventions are discussed.     

THE CHALLENGES FOR THE ENFORCEMENT AGAINST COPYRIGHT VIOLATIONS IN CHINA UNDER THE TRIPS AGREEMENT

While piracy is a serious problem in China, it is also a global concern. Within the domestic and the TRIPS context, this article discusses various forms of copyright violations in China, their impact on the enforcement of the Chinese Copyright Law, and their causes. In particular, this article discusses the unique aspects in China which make the enforcement of Copyright Law extremely difficult; it also analyzes how the Criminal Law should be used in the combat against piracy, and how China interprets the TRIPS Agreement as it is applicable to China. In addition, this article explores several means that are likely to become the future solutions of the problem of copyright violations in China.     

MEASURING PROFESSIONALISM IN LAW ENFORCEMENT

The five-dimension scale of professionalism developed hy Hall and revised by Snizek was used to assess the level of professionalism among the members of three small law enforcement agencies. Conceptually it is unclear whether “professionalism” is what the scale is measuring, and technically there are problems of wording and redundancy on some of the items and a suggestion of nonunidimensionality on the subscale measuring autonomy. Nevertheless, factor analysis showed that, with few exceptions, the basic empirical integrity of the scale is reaffirmed. Based on these preliminary findings a number of cautions are offered to guard against misapplication of the scale in future research.     

FORENSIC ECONOMICS IN COMPETITION LAW ENFORCEMENT

This paper delineates the specialty field of forensic industrialorganization (IO) as the application of theoretical and empiricalindustrial organization economics in the legal process of competitionlaw enforcement. Four stages of that process that can benefitfrom forensic IO techniques are distinguished: detection andinvestigation; case development; decision-making and litigation;and remedies, sanctions, and damages. We survey the use of economicsin such aspects as identifying potential forms of anticompetitivebehavior, screening markets for competition law violations,determining causality, advising on appropriate remedies, andassessing antitrust damages. The paper discusses the role ofexpert economic witnesses in competition cases. It calls foran organization of forensic IO within the context of existingforensic institutes.     

论推定规则适用中的证明责任和证明标准

<正>推定是由法律规定并由司法人员作出的具有推断性质的事实认定。由于"推定"一般都是以法律规定为依据的,所以在司法活动中运用推定方法认定案件事实或争议事实就表现为对"推定规则"的适用。推定规则的表现形式可以是立法机关制定并颁布的法律,也可以是司法机关依法制定的证据规则或者作出的司法解释和具有约束力的判例。在本文中,笔者将主