“以管理为基础的规制”——对网络运营者安全保护义务的重构

和世界上大多数国家一样,我国的网络运营者主要是党政军和国有企事业单位之外的私营部门。因此,如何妥善地界定他们所需承担的网络安全保护义务,是改善我国网络安全状况的关键问题之一。在此方面,现行制度和两次公开征求意见的《网络安全法(草案)》,均采用了"关注安全底线的、静态的、具体的措施性规定",作为网络运营者安全保护义务的核心内容。而在网络安全形势瞬息万变的今天,"关注安全底线的、静态的、具体的措施性规定"实际上并不足以为网络和信息系统提供实质性的安全。因此,《网络安全法》中对于安全保护义务的制度设计,应该致力于让网络运营者在内部决策环节就足够重视风险管理,使安全义务从外部"至上而下"地施加转变为"内化于心"。     

论刑法的司法逻辑精神——《刑法》前五条之总体理解

司法逻辑是一种客观逻辑,刑法的司法逻辑精神是一种客观精神,对此要在刑法自身结构中的自生性(内部性)与建构性(外部性)的矛盾中理解。《刑法》第1条乃是这种精神之总成,其中"结合"与"为了"之表述体现此精神尤为明显。在司法逻辑中,控方以《刑法》第2条为总依据的追诉偏好刑法的外部性,而辩方所偏好的则是刑法的内部性。内部论的刑法本体论和无知论的刑法认识论是理解《刑法》第3至5条罪刑法定主义的司法逻辑的哲学基础。实现刑事正义的关键不在于刑法确定不确定,而在于摆脱独断论、图像论、刑法外部性等种种束缚,从主体间性、语境论、刑法内部性上发现刑事正义的司法逻辑进路。     

The Influence of Personal Values on Legal Judgments

The non‐legal factors that influence judicial decisions have been the subject of extensive debate. Theoretical and empirical work has focused on factors including political ideology, activism, attitudes, and demographics. Personal values are related to these factors and are central to decision making. The study described in this article translated theories and techniques from psychological research to examine the role of personal values in judicial decision making. A novel method of assessment of value expression in legal opinions revealed a different pattern of values expressed in the majority and minority opinions of a case that divided the Supreme Court. An empirical study of legal academics extended this analysis and highlighted the significant influence of personal values on legal decisions. The value:decision paradigm provides a new framework to analyse judicial decision making, judicial division, and judicial discretion and has significant implications for judicial diversity.     

SKY ROCKETING

正Private rocket developers in China have taken off, embarking on a long marchChinese private rocket developer, i-Space has successfully completed a test run on a new engine it hopes will power its next test rocket later this year. The breakthrough was made on April 26, just three days before China's launch of Tianhe, the core module for its first permanent space station Tiangong.While visually less spectacular than the launch of Tianhe, the iSpace test run was important for the company as it prepares for its next attempt to send a rocket into orbit.     

中共哈尔滨市委党校学习贯彻党的十九届五中全会精神学习交流摘要

党的十九届五中全会是在“两个一百年”历史交汇点上召开的一次具有全局性历史性意义的会议。全会审议通过了《中共中央关于制定国民经济和社会发展第十四个五年规划和二〇三五年远景目标的建议》(以下简称《建议》),对“十四五”时期我国经济社会发展作出了系统谋划和战略部署。为学习、宣传、贯彻好党的十九届五中全会精神,引导带动广大教研人员努力成为学习全会精神的排头兵和主力军,中共哈尔滨市委党校组织教研人员学习交流。现摘编部分发言,以飨读者。     

Portable high‐resolution automated 3D imaging for footwear and tire impression capture

The forensic science community raised the need for improved evidence recognition, collection, and visualization analytical instrumentation for field and laboratory use. While the 3D optical techniques for imaging static objects have been extensively studied, there is still a major gap between current knowledge and collecting high‐quality footwear and tire impression evidence. Among optical means for 3D imaging, digital fringe projection (DFP) techniques reconstruct 3D shape from phase information, achieving camera‐pixel spatial resolution. This paper presents a high‐resolution 3D imaging technology using DFP techniques dedicated to footwear and tire impression capture. We developed fully automated software algorithms and a graphical user interface (GUI) that allow anyone without training to operate for high‐quality 3D data capture. We performed accuracy evaluations and comparisons comparing with the commercial high‐end 3D scanner and carried out qualitative tests for various impressions comparing with the current practices. Overall, our technology achieves similar levels of accuracy and resolution with a high‐end commercially available 3D scanner, while having the merits of being (1) more affordable; (2) much easier to operate; and (3) more robust. Compared with the current practice of casting, our technology demonstrates its superiority because it (1) is non‐destructive; (2) collects more evidence detail than casts, especially when an impression is fragile; (3) requires less time and money to collect each piece of evidence; and (4) results in a digital file that can easily be shared with other examiners.     

Plugged In

When people fabricate stories about a person,especially a popular star,and then spread them online,they cannot hide behind screens.They can easily be traced and taken to court.A report released on December 19,2019by the Beijing Internet Court showed that about 28 percent or 41,948,of Internetrelated cases filed from January to November of the same year were related to reputation infringement.     

Does Coproduction of Public Services Support Government's Social Equity Goals? The Case of U.S. State Parks

The growing phenomenon of government-supporting charities prompts the question of whether these institutions help or hinder public values of equity in service access. Logit and tobit regression analysis using multiple data sources from the California and Florida state parks systems compares public parks with and without supporting “friends” groups. The results suggest that while parks philanthropy has produced real benefits in rallying citizen support for improved public spaces, it also introduces some distributional consequences that policy makers should not ignore. Namely, a philanthropic failure hypothesis is supported whereby wealthier Florida counties with greater income inequality are more likely to benefit from a charity supporting a nearby state park. Finding no similar result in California, the authors conclude that the association between community wealth and park charity presence may also depend on state characteristics such as the funding structure of each state park system, not just community wealth differences.