同心圆理论

同心圆理论是系列性刑事案件三大侦查理论之一,源于城市结构模型理论,指的是以系列性案件的首发案为圆点、以信息源为依据、以到达系列性案件各子案发案地直线距离为半径,通过几何的方式勾画出犯罪人的活动半径,进而确定犯罪人的居住地和犯罪人的侦查方法。同心圆的原点是系列性案件的首发地,是信息源中元信息的集聚区,反映的是系列性案件中所有个案与首案之间的联系。圆半径的长短,反映了犯罪人对环境熟悉程度的变化,距离越短,其对环境的熟悉程度越高。同心圆理论解决了系列性案件侦查范围划分问题,有积极的实践意义。     

人类命运共同体视域下中国责任建构研究——基于对"中国责任论"的反思与批判

面对百年未有之大变局,中国积极承担国际责任,倡导和构建共赢共享的人类命运共同体.作为中国责任体现的人类命运共同体是对中华优秀传统文化基因的传承,是中国共产党对世界责任的自觉担当,是中华民族实现从站起来、富起来到强起来的历史性飞跃,是实现中华民族伟大复兴的必然要求.在建构人类命运共同体过程中,中国承担和履行人类命运共同体的价值责任、中国的国内责任和国际责任、人类的未来责任.人类命运共同体是对形形色色的"中国责任论"的正面回应和超越,是中国负责任大国的体现和担当.     

What would John Griffith have made of Jonathan Sumption's Reith Lectures?

In his 2019 Reith Lectures on the rise of law and decline of politics, Jonathan Sumption presents a thesis that, on its face, seems identical to that of J.A.G. Griffith's defence of the political constitution. Given the radical differences in their views on equality, democracy, and redistribution—with Griffith working in the tradition of democratic socialism espoused by the Webbs, Tawney and Laski, and Sumption expressing the libertarian philosophy underpinning Thatcherite policies—this is puzzling. This article sets their views in historical and political context and argues that the similarities are superficial, whereas the differences are profound. It then proceeds to show the weaknesses in Sumption's defence of his thesis.     

Digital behavioral-fingerprint for user attribution in digital forensics: Are we there yet?

the need for a reliable and complementary identifier mechanism in a digital forensic analysis is the focus of this study. Mouse dynamics have been applied in information security studies, particularly, continuous authentication and authorization. However, the method applied in security is void of specific behavioral signature of a user, which inhibits its applicability in digital forensic science. This study investigated the likelihood of the observation of a unique signature from mouse dynamics of a computer user. An initial mouse path model was developed using non-finite automata. Thereafter, a set-theory based adaptive two-stage hash function and a multi-stage rule-based semantic algorithm were developed to observe the feasibility of a unique signature for forensic usage. An experimental process which comprises three existing mouse dynamics datasets were used to evaluate the applicability of the developed mechanism. The result showed a low likelihood of extracting unique behavioral signature which can be used in a user attribution process. Whilst digital forensic readiness mechanism could be a potential approach that can be used to achieve a reliable behavioral biometrics modality, the lack of unique signature presents a limitation. In addition, the result supports the logic that the current state of behavioral biometric modality, particularly mouse dynamics, is not suitable for forensic usage. Hence, the study concluded that whilst mouse dynamics-based behavioral biometrics may be a complementary modality in security studies, more will be required to adopt it as a forensic modality in litigation. Furthermore, the result from this study finds relevance in other human attributional studies such as user identification in recommender systems, e-commerce, and online profiling systems, where the degree of accuracy is not relatively high.     

行政诉权分层保障机制优化研究

基于当事人行政诉权行使理性化程度的不同,可将其区分为理性行使、精明行使、不当行使和恶意行使等四种状态,行政诉讼法实施应当进一步健全行政诉权分层保障机制。对理性行使行政诉权者应当给予有效保障,从科学把握立案登记和审查关系、法官履行释明诉讼类型选择义务、灵活运用行政案件协调化解机制等三个方面进行优化。对精明行使行政诉权者应当给予适度容忍,健全诉讼风险交流机制和诉讼繁简分流机制。对不当行使行政诉权者应当给予必要矫治,完善诚信诉讼的程序规则支撑和诉讼失权制度的精准适用。对恶意行使行政诉权者应当给予严厉制裁,探索差异化立案审查和诉讼失信人信用惩戒机制。行政诉权分层保障机制的优化,对于立基于全民守法的法治社会建设具有重要的促进作用。     

“Dynamite bombs of New York manufacture”: the terrorist perspective in the Stevensons,Greer and James

This article examines the first three literary reactions to Fenian terrorism: Robert Louis Stevenson and Fanny van de Grift Stevenson’s co-written novel, The Dynamiter (1885); Tom Greer’s A Modern Daedalus (1885) and Henry James’ The Princess Casamassima (1886). Although these works approach terrorism from different angles, they set the pattern for subsequent treatments that will “give primary voice to the perspective of the terrorist”. “Zero”, the hapless bomb-makers in The Dynamiter, is a surprisingly urbane, sympathetic figure; Greer illustrates both the necessity and the moral quandaries of terrorism and James shows considerable sympathy for anarchism’s causes, even though terrorism threatens high art and culture. I also hope to show that fiction can provide excellent source material for studying the cultural imaginary of terrorism and, by extension, make a bid for the inclusion of literature scholars under the umbrella of Critical Terrorism Studies.     

Homework

This article explores how plays in the 1890s engaged with an aspect of evolutionary theory that had become particularly vexed—namely, the idea of gender essentialism: whether motherhood was the true calling for women; whether the bond with the infant was inevitable and instinctive; whether, as Shaw's teleological, progressive vision would have it, the woman's evolutionary role was to be the ‘life force’, selecting the superior mate for the continued improvement of the species. Considering this question can deepen our understanding of the interaction between science and literature in this period, and also usefully complicate the narrative often told about the figure of the New Woman in drama. Two plays of this period address particularly well the question of what is ‘natural’ maternal behaviour: James A. Herne's Margaret Fleming (first staged in 1890) and Elizabeth Robins and Florence Bell's Alan's Wife (first staged and published in 1893).     

美国反恐怖预警机制研究

反恐怖预警机制是参与反恐怖预警工作的职能部门、相关组织和个人就反恐怖预警工作有效运行所形成的相互关系的总称。反恐怖预警机制有内部预警机制和外部预警机制两种类型。反恐怖预警机制包括组织建设、组织运行、组织保障三个结构性方面。"9.11事件"之后美国从组织建设、组织运行等方面大刀阔斧地改革了执法和情报部门,提升了反恐怖情报建设和预警工作的地位。     

The Adaptive Capacity of Markets and Convergence in Law: UK High Yield Issuers,US Investors and Insolvency Law

This article examines the increasing access by UK issuers of high yield bonds to US investors notwithstanding substantive differences in the approach to valuation of the issuer in financial distress in US and UK restructuring law and, therefore, in anticipated return on default. It examines the development of the market in the context of existing theories on the relationship between law and finance and suggests that previous accounts have overlooked the adaptive capacity of the finance market to legal environment and the implications of such structural adaptation for the prospects of convergence in law. Three states are identified: where the market is poorly adapted to the legal environment and reinforces other pressure for change, where the market is adapted to the legal environment and is a neutral influence on, or even dampens, other pressure for change and where both legacy and adapted structures exist, potentially pulling in different directions at the same time.