International criminal justice: reflections on the past and the future

While Nuremberg constitutes a watershed in the evolution of international law with its establishment of the fundamental principle of individual criminal responsibility under international law it has not left much else by way of precedent for the subsequent international criminal tribunals. The adoption of UN Security Council Resolution 827 establishing the International Criminal Tribunal for the Former Yugoslavia, and Resolution 955 (1994) establishing the International Criminal Tribunal for Rwanda, set the groundwork for a new model of hybrid tribunals, with the establishment of the Special Court for Sierra Leone in 2002, the Extraordinary Chambers in the Courts of Cambodia in 2006, and the Special Tribunal for Lebanon in 2007. Perhaps one of the greatest legacies of these ad hoc and hybrid courts and tribunals has been paving the way for the establishment of a permanent international criminal court. However, they have also brought about the development of international criminal law through judicial interpretation, elaborating, inter alia, the elements of the crime of genocide as detailed in the 1948 Genocide Convention, the judicial recognition of the concept of joint criminal enterprise and the principle that national arrangements for amnesties in respect of international crimes are no bar to prosecution for such crimes at an international tribunal. In view of the completion strategies of the ad hoc Tribunals, as well as of the SCSL, this article delves into some of their legacies and outlines some of the difficulties and challenges they have faced, while identifying areas of best practice in order for the newly‐operational International Criminal Court to avoid repeating the mistakes of the past or even reinventing new wheels.     

论新庭审方式下法官的认证活动——兼谈完善我国刑事证据制度的几点思考

从新刑诉法所确立的控辩式庭审方式的特点谈起,剖析我国刑事证据制度的变化及存在的问题。并结合司法实践对证据制度运行层面问题进行剖析。明确要围绕控辩式庭审这个核心，来构造我国刑事证据制度．并提出方案以司法实践中的问题为切入点，来明确法官职责、证明标准、证明责任、认证的实质．解决影响认定案件事实的关键证人证言和被告人供述的真实性、准确性问题．规定相关的证据开示制度和法官认定事实的活动和规则。     

Sentencing rationales, judicial discretion, and the practice of criminal fines in Israel

Much attention has been paid over the last three decades to the examination of the criminal fine, its administration, enforcement policies, and effectiveness. Yet, one research topic has often been overlooked: the link between sentencing rationales, judiciary discretion, and fining policy. The present research, based upon ninety hours of phenomenological semi-structured interviews undertaken in a random sample of forty active Israeli magistrates, six hundred verdicts, and quantitative data regarding the fining policy in Israel, analyzed the degree of harmony/disparity between these variables. The main findings revealed lack of confidence in the ability of the criminal fine to successfully achieve different penal objectives, scarcity of knowledge of actual fining administration procedures, and a high degree of harmony between fining rationales and ideology.     

Ethical, professional and legal regulation of medical practice

Moral or ethical codes of practice represent one of the oldest forms of medical regulation. Legislation such as the Medical Practice Act 1992 (NSW) enables regulatory bodies to create codes of practice for medical practitioners. Such codes can become an important aspect of disciplinary proceedings by providing the yardstick against which practitioners' conduct is evaluated. An important aspect of the New South Wales Board's Code of Professional Conduct 2005 is the obligation for doctors to report adverse events which reflect on the performance or conduct of colleagues. This is part of an increasing impetus to report adverse events in the interest of public safety. In the long- term this is a constructive development as it is likely to lead to improvements in identification of risks and hazards and thereby to result in better service provision and community health.     

关于乡村医生非法行医刑事案件移送的分析与思考

本文就一起乡村医生非法行医案件移送进行分析和思考,就此类案件在移送中出现的问题做一些探讨和研究,以期减少行政争议,提高依法行政的能力和水平。     

Psychiatric history,due procedural safeguards,and the use of discretion in the criminal justice process

Using a stratified random sample of all male inmates released from one state's correctional facilities during a 13-month period (N = 550), this research investigates the impact of an extralegal variable (history of psychiatric hospitalization) on decisionmaking in stages in the criminal justice system at which defendants are granted more and fewer due procedural safeguards. On the basis of the work of Goffman and Green, it is hypothesized that this variable will not equally affect decisions made at various points in the criminal justice process. Instead, psychiatric history will have less impact at points in the process where the defendant is granted more due procedural safeguards (e.g., sentencing), with its significance increasing where the defendant receives fewer due procedural safeguards (e.g., parole). The results are consistent with the hypothesis: A history of psychiatric hospitalization was not significant in the decision regarding sentence length, though it became highly critical in the decision to parole, even after other legal and extralegal variables were controlled. The context in which these decisions are made may also be relevant to a fuller understanding.     

Transcarceration: Notes on a psychoanalytically-informed theory of social practice in the criminal justice and mental health systems

The application of Lacanian psychoanalytic semiotics to the intersecting categories of criminal justice and mental health is relatively novel. In this paper the phenomenon of transcarceration or the repeated channeling of disordered defendants (subjects) through institutional regimes of discipline and coercion is outlined. Attention is directed at the intra-psychic and intersubjective mechanisms responsible for the structuring of discourse. Lacan's schematization on the constitution of master narratives through the Discourse of the Master is also delineated. The author concludes by demonstrating how transcarceration is fundamentally about language and privileged speech patterns which agents of both systems as well as subjects themselves perpetuate. This revised version was published online in July 2006 with corrections to the Cover Date.     

大兴区借助行刑衔接机制治理非法行医情况分析简

目的：了解大兴区非法行医治理现状,为制定整治对策提供依据。方法：对2011-2012年大兴区非法行医整治工作情况进行综合分析。结果：2年间共取缔427户次,立案处罚151起、移送公安机关追究其刑事责任12人、申请法院强制执行93起,与行刑衔接开展前相比差异有统计学意义（P〈0.01、〈0.05）,综合治理使得非法行医初步得到遏制。结论：借助行刑衔接机制,初步解决了在打击非法行医工作中经常遇到的调查取证难、行政处罚与执行难等一系列制约卫生行政执法的难题。应将行政处罚作为目前治理非法行医的有效手段,以提高办案质量与效率和案件移送的成功率为切入点,及时将那些明知故犯、无视病人生命与健康权而再次非法行医者绳之以法。     

论犯罪侦查中的程序性违法

侦查程序是刑事诉讼中一个重要的程序,是刑事诉讼公诉案件的第一个程序。现在社会对侦查程序的关注越来越多,侦查程序中的各种现象已经引起了极大的关注,如刑讯逼供、超期羁押、非法搜查、扣押等。由此产生出各种危害,如对法治国家建设、程序正义、基本人权等。这些现象的出现主要在于“重实体、轻程序”观念的影响;侦查权的构造不合理,抗辩严重失衡;传统文化的不良影响;侦查程序性违法的制裁机制存在缺陷;内部考核机制不健全,片面强调破案率;侦查人员、监督人员素质有待提高等。侦查程序的程序性违法包含很多的内容,本文主要是从其表现、危害以及原因等几个方面加以探讨。