关于确保公安刑事执法公正准确的思考

准确认定案件事实是公正执法的前提条件,科学证明是准确认定案件事实的基本途径.公安机关是间接地通过各种证据材料来认定案件事实的,因此,必须采取有效措施确保刑事执法的科学性和公正性.     

证据开示制度比较研究──兼评我国民事审判实践中的证据开示

证据开示制度１９世纪始于英国,此后,受到各国重视。各国的证据开示制度都有各自的发展和完善历程。在具体的证据开示范围、方法及限制、制裁等方面也有所不同。我国在审判方式改革中,部分地区试行了庭前证据交换,但也存在不少问题,且有关诉讼体制、法制环境、诉讼观念等运行环境问题,尤其值得深思和研究。     

浅论提高现场照相中的证据意识

现场照相是一项侦查工作,也是一种诉讼活动,必须要有证据意识,并拓展现场照相在诉讼工作中的取证能力。我们提倡的是“有备而拍”;在拍摄过程中要不断地修正和充实原来的拍摄计划;现场照片是一个完整的系统,拍摄要循序渐进;要重视现场照相的编排、制卷工作,采取多样的表现手法。     

对一起美容非法行医案件的思考

生活美容机构开展医学美容业务存在着监管难题,如在执法调查及行政处罚过程中,违法主体认定、证据收集、法律适用等关键环节都存在着诸多问题。作者通过对一起未经批准在生活美容店开展医学美容的行政处罚案例的讨论,探讨非法行医案件调查取证的难点,剖析案件查处过程中违法主体、违法事实认定及法律适用等问题,提出对此类执法工作的相关建议。     

Globalization and regulatory change: The interplay of laws and technologies in E-commerce in Southeast Asia

Electronic commerce has brought about business and technological changes globally, and these global changes have given rise to major legal reforms across nations. In the fast-changing global digital economy, states need strategies to maintain competitiveness of their markets while simultaneously ensuring the secure and effective use of technologies involved in conducting electronic transactions. This paper examines how the use and recognition of electronic signatures are regulated in Southeast Asia – the region that has shown the most significant growth in global e-commerce in past few years. Based on a comparative analysis of the laws of four representative ASEAN member states – namely Singapore, Thailand, Malaysia, and Vietnam, this paper argues that there is a regional trend towards adopting more liberal and technology-neutral standards for electronic signatures. Electronic signature regulation in Southeast Asia is now built upon limited technological neutrality (or the so-called “two-tiered” approach) as a shared regulatory understanding, but this approach is operationalized differently in each state due to distinctive national contexts. Within the common legal framework, each state has developed its own system of control and management with respect to higher-level signatures (using advanced technologies). The principle of technological neutrality, a concept originally developed for the regulation of technologies in response to the liberalization of telecommunications market, has been the central theme of discussions on the e-transactions policy-making scene. As the author shows, in the process through which states localize the global standards of technological neutrality, ASEAN as a vehicle of regulatory change has played an essential role in translating this principle to the national context.     

电子货币是货币发展规律作用的必然结果

电子货币作为一种新的派生形式,是货币发展规律作用的必然结果。电子货币不仅具有一般货币的共性,而且具有明显的时代特征。因此,电子货币的出现,并没有否定马克思的货币理论,相反却再次证明了马克思货币理论的科学性。     

The maquiladora electronics industry on Mexico’s northern border and the environment

The electronic sector, in particular, the computing industry, has become an increasing concern because of the environmental impact of its products throughout their life cycle. The United States, Europe and Japan as the greatest consumers of electronic goods have given special attention to this issue. The fast computer obsolescence and its difficult confinement, because of the hazardous substances contained, have required a special effort of technical innovation. Nevertheless, this effort seems to respond mainly to the standards required by the countries in which these goods are produced, consumed and confined, which are radically different in developed and developing countries. Though an important part of the production process (assembling) is done in developing countries, little attention has been paid to the environmental quality at this production stage. This study examines the environmental problems and strategy of the electronic assembly industry in the three northern border cities of Mexico. Almost half of 200 electronic maquiladora enterprises surveyed had not undertaken any active environmental policy and there was a limited environmental standards enforcement. Evidence was found that the firms that had operated for a longer period of time had better chances of taking better care of the environment. Environmental firm policies became weaker as one descended from the head office to the subsidiaries and then to their suppliers. It is also found that some transnational corporations operate with double standards in Mexico and thus strong national policies on environmental standards in Mexico are required to change this practice.

The inadequate legislative response to e-signatures

This article examines the two most influential international initiatives on electronic signatures (UNCITRAL’s 1996 Model Law on Electronic Commerce and the 1999 EU Electronic Signature Directive). It considers whether the legislative approaches in Australia and the United Kingdom based on these initiatives are helpful in deciding whether lower level signature methods such as simple email messages are likely to satisfy a legal requirement for a signature. The conclusion reached is that they are unhelpful. The article goes on to consider whether legislative amendments based on UNCITRAL’s 2001 Model Law on Electronic Signatures or the 2005 UN Convention on the Use of Electronic Communications in International Contracts would improve the identified weaknesses. It concludes that such an update would clarify some issues, but that overall it will not solve the difficulties. The article ends with a brief speculation on the likely attributes of a more helpful approach.     

The Cybercrime Convention Committee's 2017 Guidance Note on Production Orders: Unilateralist transborder access to electronic evidence promoted via soft law

This article provides a critical analysis of the Council of Europe Cybercrime Convention Committee's Guidance Note of Production Orders, published on 1 March 2017. The article looks at the legal controversies surrounding production orders with a cross-border element. It explains the Guidance Note's background and origins, the basic provisions in the Cybercrime Convention allowing the law enforcement authorities to order and obtain certain information and discusses the requirements that follow from the relevant provisions of the Convention. This analysis is complemented by four critical remarks on the way the Guidance Note pushes the boundaries of acceptable treaty interpretation on the necessity of the Guidance Note, its position in regard to extraterritorial enforcement jurisdiction and sovereignty, its reticence towards fundamental rights and its refusal to define or clarify the important notion of “subscriber information”. The article argues that unilateralism is not a solution. Instead of soft law plumbing, what is needed is an agreement between sovereign states checked by their constituencies.     

人民检察院适用非法证据排除规则的程序化构建

2012《刑事诉讼法》及《人民检察院刑事诉讼规则（试行）》继《关于办理刑事案件排除非法证据若干问题的规定》之后对人民检察院在审前程序中适用非法证据排除规则作了相关的规定,这对于强化对侦查行为合法性的监督、保障犯罪嫌疑人的人权具有重要作用,但是当前的规定还是存在一些不足之处,这将制约其作用的发挥。因此,有必要对其进行“程序化”,构建专门的听证程序,明确相关的程序性规定,增强其可操作性。