Moral Reasons for an Intercultural Criminal Law. A Philosophical Attempt

The internationalization of our societal relations has even had an impact on criminal law. While criminal law previously fell almost exclusively within the scope of the responsibilities of individual states, internationalization has affected the practice of criminal law for a long time now. Neither terrorism nor gun-running nor drug trade nor child prostitution observe national borders. In such a new frame of cross-cultural legal problems, the paper shows that—insofar as criminal offences can be justified with universal and human rights arguments, as they usually can—moral reasons for an intercultural criminal law can be given.     

国家为何要救济刑事被害人——对东莞地区重大刑事案件的调查分析

对东莞地区五年来1650件重大刑事案件的犯罪类型、犯罪性质、犯罪主体情况及其家庭结构、经济状况以及刑事被害人被害事实进行调查分析,发现目前刑事法律规定的对刑事被害人损失进行救济的手段作用非常有限,绝大多数刑事被害人根本无法得到救济.这不仅使刑事判决不能满足日益增长的刑事被害人群体的司法需求,也影响到司法判决的法律效果与社会效果,更加深了刑事被害人作为维权的弱势群体与政府或国家机关之间的矛盾,引发出刑事政策观念层次的矛盾和冲突.在刑事被告人经济能力有限刑事被害人获赔落空的情况下,由国家对刑事被害人弱势群体进行救济就显得特别必要.     

Encryption: A 21st Century National Security Dilemma

As the 21st century approaches, encryption is presenting a national security dilemma in the US. While the use of strong encryption for computerized data is essential in protecting our nation, widespread, unregulated encryption poses serious problems on two levels: encryption could inhibit the government's ability to enforce the law as well as gather foreign intelligence. As a result, the government has established export controls on encryption products and proposed a 'key recovery' system designed to enable law enforcement officers to access encrypted data in the course of lawful investigations. The export controls have been ineffective and counterproductive policy and are arguably unconstitutional under the First Amendment. However, export controls are the only viable solution to the intelligence gathering problem and will need to survive these political and legal attacks or our national security could be jeopardized. Key recovery will be difficult and costly to implement and has come under attack by civil liberties' groups. Nevertheless, a cost-effective compromise on key recovery is necessary to meet the needs of law enforcement. Such a system, if it mirrored current electronic surveillance law, would effectively balance individual privacy rights and governmental interests and thus should survive constitutional scrutiny. Congress and President Clinton ought to enact key recovery legislation soon before the use of encryption becomes commonplace. A failure to act intelligently and effectively on this critical, cutting-edge issue could compromise our nation's future.     

Reasons for refraining from criminal activity

In order to establish the relative importance of reasons for not engaging in illegal activities, respondents were administered a questionnaire containing a list of possible factors that could account for not committing crimes, and were then asked to rank them. Multidimensional scaling analyses revealed the underlying structure of these factors. Specifically, respondents tended to structure their reasons based on the formality/informality of a negative consequence and the relative seriousness of a sanction.     

关于经营秘密的认定及经营秘密保护方式的探讨

【提示】本案是一件侵犯商业秘密纠纷的重审案件。在侵犯商业秘密案件的审理中,是否构成商业秘密,是审理的难点。本案涉及的问题,不仅有商业秘密是否构成,还有双方争议的商业秘密属于技术秘密还是经营秘密的问题,以及对于经营秘密的保护方式问题等。本案一审对上述问题作出了判决,二审法院也维持了一审判决,现已生效。案例的分析部分对上述问题作了进一步剖析,对判决理由作了进一步阐述。【案情】原告:上海核工程研究设计院(以下简称核工院)原告:上海核工双虹电器控制合作公司(以下简称双虹公司)被告:蒋敏翔被告:上海伊莱克斯实业有限公司本…     

搜查理由及其证明标准比较研究

搜查作为对权利人“基本权利之侵犯”行为 ,国外及我国台湾等地区的法律在确定司法令状予以节制门槛后 ,仍难以避免搜查权力过度张扬而克扣、缩减个人正当权利 ,于是确立了搜查理由作为第二门槛 ,对此的证明标准因犯罪严重程度、搜查对象保护程度、搜查时间不同、被搜查权利人阻碍等差异设置了不同层次的要求。我国刑事诉讼法再修正时应借鉴其有益经验 ,在确立司法令状 (司法审查 )的框架内 ,针对搜查的不同情况 ,规定相应的搜查理由及其证明标准     

Protected activities of nonunion employees

The vast majority of American workers are nonunion and therefore unprotected by many of the mechanisms established through collective bargaining. They are protected to some degree, however, by a number of statutes and evolving legal doctrines that limit the employer's right to hire, fire, or otherwise discipline its nonunion people. The most elemental of these limitations is embodies in the National Labor Relations Act: section 7 protects the concerted activities of nonunion employees, section 8(a)(1) makes it an unfair labor practice for an employer to interfere with the section 7 rights of its employees; and section 10(c) grants the National Labor Relations Board broad remedial powers to correct violations, including the power to reinstate workers with or without back pay. The following article will examine this basic protection of nonunion employees and will point out those areas in which the Board has attempted to expand the scope of section 7's protection.     

The Professionalization of Public Accounting: A Social Dilemma Perspective

This study uses a social dilemma model of auditing and a model of cooperative regulatory enforcement to provide a framework within which the evolution of self-regulation in the U.S. accounting profession is studied. From a social dilemma perspective, individual public accounting firms are best off, in a single period sense, by providing a low quality audit product, which is defined in terms of the degree of auditor acquiescence to managers' accounting method discretion. However, firms' collective welfare is maximized by high quality auditing. The cooperative regulatory model employed is premised on the existence of a plausible government threat of punishments and invasive regulations, which motivates self-regulation in an industry. We argue that prior to enactment of the securities acts, public accounting firms faced a social dilemma in which there were limited incentives for high quality auditing either voluntarily or through the establishment of self-regulation. The securities acts provided a plausible threat to which the accounting industry responded by implementing self-regulation in order to avoid invasive and costly government regulation. After the emergence of the accounting profession, there occurred a long period of cooperative regulation with the SEC. Management discretion over accounting methods increased during this time period and audit quality correspondingly decreased, suggesting possible inefficient capture of the SEC. Evidence of an evolution towards a tripartite form of regulation appeared in the 1970s when the SEC and public accounting began to be critically reviewed by Congress. From this time to the present, new regulatory threats have motivated a series of self-regulatory responses by public accounting to improve audit quality.     

量刑说理初探

量刑说理是裁判说理制度的应有之义,它在制约法官量刑权和促进量刑理性化等方面具有十分重要的法律意义。西方各国普遍实行了量刑说理制度,并形成了"强制说理"与"提倡说理"两种模式。而我国由于种种原因导致了判决量刑说理严重不足,这极大地阻碍了我国刑事司法的健康发展。为此,我们必须作出相应改革,为法官量刑说理创造有利条件。