A formal model for event reconstruction in digital forensic investigation

Event reconstruction is an important phase in digital forensic investigation, which determines what happened during the incident. The digital investigator uses the findings of this phase to prepare reports for the court. Since the results must be reproducible and verifiable, it is necessary that the event reconstruction methods be rigorous and strict. In order to fulfill the legal requirements, this study proposes an event reconstruction framework which is based on the formal mathematical methods. In particular, it uses the temporal logic model checking that is an automatic verification technique. The idea is that the system under investigation is modeled as a transition system. Then the digital forensic property is specified using the modal μ-calculus. Finally, a model checking algorithm verifies whether the transition system meets the property. In order to demonstrate the proposed formal event reconstruction framework, an abstract model of the FAT file system is presented and some digital forensic properties are formulated. A big problem in model checking is the so-called state space explosion. This study addresses this problem and suggests some solutions to it. Finally, the proposed framework is applied to a case study to demonstrate how some hypotheses can be proved or refuted.     

西方公共治理理论研究综述

从20世纪80年代至今,西方学者对公共治理理论的研究取得重大进步。理论研究涉及公共治理的研究背景、概念界定、核心理论、研究困境以及与传统公共行政、新公共管理理论的比较分析。国家空洞化的现实背景成为公共治理的研究起点,公共治理的内涵界定并不明晰,至今仍未形成一致的概念,网络管理理论则成为公共治理的核心观点。公共治理同时面临治理失效、民主责任的研究困境,与传统公共行政、新公共管理有着明显的区分,公共价值管理也成为公共治理研究的新视角。     

德国《基本法》中的社会国家原则

从语义解释的角度看,社会国家原则在《联邦德国基本法》(以下简称《基本法》)文本中不具有显著地位,且内容不够明确;但从体系解释而言,该原则享有不得修改的宪法基本原则的突出地位。社会国家原则产生的历史则表明,该原则具有弥补《基本法》中社会基本权利缺失的功能。但社会国家的目的以及社会国家原则保障的基本权利都必须通过立法者制定的法律来加以具体化。联邦宪法法院在发挥社会国家原则的宪法规范功能以及确定社会国家的最低宪法标准方面起到了重要作用。社会国家原则在联邦宪法法院的判决中一般与基本权利条款、基本权利限制条款以及社会国家的目标一起发挥作用,被用来为立法者设定社会权利保护义务或论证限制基本权利的法律规范的正当性。     

刑事拘留引起的国家赔偿与赔偿监督的思考

按照国家赔偿法的规定,违反刑事诉讼法的规定采取拘留措施或者超期拘留,受害人有取得国家赔偿的权利.但案件要进入国家赔偿程序,其前提条件是依法撤销案件.由于我国刑事诉讼法的规定和公安机关办案程序的原因,公安机关撤销案件的法律依据缺位,对公安机关采取刑事拘留措施后引起的国家赔偿和检察机关赔偿监督造成很大的困扰.     

AFGHANISTAN: DISCERNING CHINA’S WESTWARD MARCH

This article discerns the shifts in China's engagement with its Western neighbour, Afghanistan. Beijing's approach has gradually shifted from dis-interest to a careful re-calibration of strategy indicating Afghanistan's growing eminence in its strategic calculus. This transposition – dating back to the 1980's – it is argued has been accentuated as the ‘West’ weans itself away from the Afghan theatre. This article demonstrates that Beijing's chequered history of engagement with Kabul has been historically underpinned by its engagement with a plethora of actors identified with ‘political Islam’ who in turn are patronized by its allies in Rawalpindi. Its deepening footprint in contemporary Afghanistan while continuing to be coloured by the prism of Rawalpindi, is informed by a growing sense of unease regarding the perceived adverse imprint that developments across China's Western borders are likely to leave on its domestic security and growing economic interests in the region.     

Haplotype frequencies of eight Y-chromosome short tandem repeats loci in four Amerindian populations (state of Hidalgo, Mexico)

Population: Amerindian populations: Huastecos (n=97), Otomies de la Sierra (n=41), Otomies del Valle (n=40), and Tepehuas (n=13).     

Marianne’s liberty in jeopardy? A French analysis on recent counterterrorism legal developments

ABSTRACT

This article analyses two recent French counterterrorist legislations (Law No. 2016–386 – hereafter OCT&F law and the Law No 2017–1510 – hereafter the OCT&Flaw) through the lens of distinct yet complementary theoretical frameworks. Combining the State of Exception thesis of Giorgio Agamben, the Enemy Penology as framed by Günther Jakobs as well as the more recent scholarship contributions on Pre-Crime, the article seeks to contribute to the scholarly debate on the use and the consequences of the use of criminal and administrative law in the fight against terrorism. In view of the numerous terrorist attacks that France has faced in recent years, the article aims to provide deeper knowledge of the French case by drawing substantially from the unfamiliar French scholarship. The article argues that the measures recently adopted seem to deepen the exceptional and pre-emptive logic in which potentially dangerous subjects have to be identified as “the enemy” as soon as possible in order to then be contained and dealt with.     

Active in Not Being Active (AINBA): how East Asian powers accept R2P

This article explores and compares the positions of two major powers in East Asia—China and Japan—towards the ‘Responsibility to Protect’ (R2P) norm. R2P calls for collective international responsibility in the event that states are unwilling or unable to protect their people. Evaluating the mainstream argument in the literature that China and Japan have recently been welcoming the R2P norm, we ask the following questions: To what extent have China and Japan aligned themselves with R2P? How do international and national factors play out to influence their R2P stance? To summarize our findings up front: unlike what much of the current literature says, China and Japan's acceptance and practice of the R2P norm are largely pro forma. We argue that they both appear active in participating in the debates but only in order to remain inactive. In other words, they are active participants in the debates and discussions on R2P, but their aim is not to further its usage but to contain its effects. Their current stance on R2P is characterized by what we will call ‘Active in Not Being Active’ (AINBA). The article discusses the key sources and rationale for their AINBA policy with regard to R2P.     

知识产权侵权损害赔偿中实际损失的司法认定

传统的民商事法律领域的实际损失通常是指权利人现实利益的减损,即直接经济损失,通常不将间接经济损失称为实际损失。从现有知识产权法律规则与司法实践来看,知识产权法意义上的实际损失既包含直接经济损失,也包含间接经济损失。目前司法实践确认的间接损失包括销量的损失、维权费用的损失、重新投放广告恢复市场声誉的损失等。为充分弥补受害人的损失,价格侵蚀损失虽没有明文规定,在有可靠证据支持的范围内赔偿权利人价格侵蚀部分的损失,具有正当性。     

Getting things straight: The effects of ballot design and electoral structure on voter participation

This paper considers the implications of the straight-party voting option (STVO) on participation in judicial elections. Voters using straight-party options (by definition) do not vote for candidates in nonpartisan elections. Consequently, ballot roll-off in these elections is more likely to occur when people are given the chance to vote the party ticket and complete the voting process quickly. This is the case because nonpartisan judicial elections are considerably less salient than statewide and federal partisan elections. This article separates out the effects of the institutional structure of the election on political participation with the effects of ballot design. We find that in nonpartisan elections, the straight-party option decreases voter participation since voters who utilize the straight-ticket option may erroneously believe that they have voted for these nonpartisan offices, or simply ignore them. However, in nonpartisan elections without straight-ticket voting, participation is increased compared to nonpartisan elections with straight-ticket voting. Additionally, both forms of nonpartisan elections have less participation than partisan elections, all of which have the straight-ticket option. Thus, voter participation is affected not only by the type of election, but the type of voting rules in the election.