书面言语识别在案件侦破中的运用

本文结合实际案例,阐释了运用书面言语识别技术刻画书写人的方法,并总结了运用书面言语识别技术在侦破工作中的应用体会。     

视频分享网站能否安全驶入“避风港”——“避风港”条款在其责任认定中的适用

在诉讼中视频分享网站往往寻求＂避风港＂条款的庇护。但在最近审结的案件中,视频分享网站大多败诉,表明在实践中法院适用该条款的尺度比较严苛,倾向于让服务商在保护版权人权利上承担过重的责任。如何正确适用＂避风港＂条款成为视频分享网站能否健康发展的重要问题。     

应用枕骨大孔面积判定性别的研究进展

性别是个体识别的主要生物学指标之一,是法医学鉴定不明骨骼残骸的重要初始步骤。枕骨大孔因其解剖学位置的隐匿性、形态学的稳定性、性别与种族的差异性成为法医学性别判定的研究热点,其中枕骨大孔面积是枕骨大孔区域中进行性别判定准确率较高的指标之一。本文以枕骨大孔面积为主要研究对象,就国外学者通过干颅骨样本、CT影像、CBCT影像测量枕骨大孔面积判定性别的方法进行总结,对国内应用枕骨大孔面积进行性别判定研究提供参考。     

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.     

RECOGNITION AND ENFORCEMENT OF JUDGMENTS BETWEEN CHINA,JAPAN AND SOUTH KOREA IN THE NEW ERA: SOUTH KOREAN LAW PERSPECTIVE

This article discusses the rules for recognition and enforcement of foreign judgments in the Republic of Korea (hereinafter referred to as “South Korea” or “Korea”). Articles 217 and 217-2 of the Civil Procedure Act of Korea and Articles 26 and 27 of the Civil Enforcement Act of Korea provide for the recognition and enforcement of foreign judgments respectively. Korea has not entered into any bilateral or multilateral treaties regarding the recognition and enforcement of foreign judgments and is not a party to the Convention on Choice of Court Agreements. The article also considers the current undesirable status of recognition and enforcement of judgments in the region consisting of China, Japan and South Korea (hereinafter referred to as “Region”) and suggests a course of action to be taken to improve the situation. The author believes that the experts of the Region should embark upon a project to improve the current situation and that the first step should be to exchange and gather information on the current legal regime of the countries in the Region on the recognition and enforcement of judgments. The author looks forward to future cooperation among the experts in the Region on this topic and is confident that the reciprocity requirement, which currently is a major obstacle to the mutual recognition and enforcement of foreign judgments in the Region, will be overcome in the near future.     

THE KOLMAR V. SUTEX CASE ON RECIPROCITY IN FOREIGN JUDGMENTS ENFORCEMENT IN CHINA: A WELCOME DEVELOPMENT OR STILL ON THE WRONG TRACK?

In December 2016, the Nanjing Intermediate People’s Court in China issued its ruling in the Kolmar v. Sutex case, where a monetary judgment from Singapore was recognized and enforced against a local textile company. The case confirms that once a foreign country has taken the initiative, Chinese courts will follow up to enforce judgments from that country reciprocally. This is the doctrine of de facto reciprocity adopted by some Chinese courts. The paper surveys the judicial practice of Chinese courts and finds that this area of law is full of confusion and uncertainties due to the lack of applicable rules. Recent developments suggest that China may move away from this approach and adopt a relaxed version of reciprocity, which is worthy of close attention.     

Mighty Morphin’ age progression: how artist,age range,and morphing influences the similarity of forensic age progressions to target individuals

When children go missing, authorities sometimes release age progressed images that are intended to approximate the person's current appearance. The current studies measured the influence of the range between the time when the child went missing and the age portrayed in the age progression on the similarity between the progressions and current images of the targets. Experiment 1 examined whole face images and Experiment 2 examined internal features only. Eight artists were recruited to produce progressions at three age ranges. Also included were averaged (morphed) images made of progressions of the same individual at a given range by different artists. Progressions across shorter ranges produced images more similar than those across longer ranges, and target comparisons yielded higher similarity ratings than foil comparisons. Although there was much variability among artists, the morphed images performed better than the average rating given to all age progressions.     

Strangers and Others: From Deconstruction to Hermeneutics

Abstract

It is not clear that "cultural recognition" should be a central goal of leftist politics. The idea that cultures have value simply by virtue of being cultures seems absurd, so it might be better to talk simply about eliminating prejudice and stigmatisation.     

Adorno's Contemplative Ethics

Abstract

This paper argues that there is an ethics of contemplation that is internal to Adorno's critique of modern functionalised and administered societies. It is argued here that ‘contemplation’ is Adorno's name for a praxis by which one is open to the other, and yet can let the other be. Adorno sees a kernel of experience in such contemplative practices, which, although increasingly being stripped bare by the modern world, is the basis for its possible critique.     

Claims to the Past. A Critical View of the Arguments Driving Repatriation of Cultural Heritage and Their Role in Contemporary Identity Politics

Abstract

This article explores the role that the worldwide movement of repatriation of human remains and cultural heritage—from museums and other institutions to minorities and indigenous populations—plays in contemporary identity politics. Beyond the obvious positive outcomes of this process, including a significant democratization of the field of archaeology, the repatriation movement poses challenges, mainly because it relies on concepts such as past–present continuity that are sometimes subtly, sometimes not so subtly, problematic for legitimizing group identities and group claims to cultural heritage and human remains. It is argued that while archaeologists and anthropologists must continue to support the idea of increasing democratization of interpreting the past, they must also maintain the right to remain critical to all claims of the past by any particular group.