Legal and ethical considerations of biometric identity card: Case for Mauritius

The highly connected nature of the current era has raised the need for more secure systems, and hence the demand for biometric-based authentication methods. In 2013, the Mauritian Government invested massively in the collection of data, and implementation of the national biometric identity card scheme. The latter has suffered a number of contestations among the population, and several cases were consequently filed at the Supreme Court of Mauritius to oppose the use of this biometric card. The main concern was the collection of biometric data which posed threats to the privacy of individuals. Additionally, the collection and retention of biometric data lead to security issues. In this paper, the challenges with respect to the usage of the biometric card are analysed. The laws governing data protection are discussed, together with the legal framework used for data collection and retention. Following the court decisions, several amendments have been made to the existing laws in order to cater for the usage of biometric data for the public interest. Finally, recommendations are made with regards to a legal framework which will enhance the security of biometric data, and eventually encouraging public acceptance of this biometric identification system.     

Doubling Down: Inequality in Responsiveness and the Policy Preferences of Elected Officials

Is bias in responsiveness to constituents conditional on the policy preferences of elected officials? The scholarly conventional wisdom is that constituency groups who do not receive policy representation still obtain some level of responsiveness by legislators outside of the policy realm. In contrast, we present a theory of preference‐induced responsiveness bias where constituency responsiveness by legislators is associated with legislator policy preferences. Elected officials who favor laws that could disproportionately impact minority groups are also less likely to engage in nonpolicy responsiveness to minority groups. We conducted a field experiment in 28 US legislative chambers. Legislators were randomly assigned to receive messages from Latino and white constituents. If legislators supported voter identification laws, Latino constituents were less likely to receive constituency communications from their legislators. There are significant implications regarding fairness in the democratic process when elected officials fail to represent disadvantaged constituency groups in both policy and nonpolicy realms.     

Credit card fraud under Chinese criminal law

Credit card fraud is a new type of fraud amended into the Criminal Law of China in 1997. The “credit card” under credit card fraud is interpreted as a very board concept, which includes debit card and virtually all electronic payment cards used in ordinary payment, credit loan, transfer and settlement of account, cash deposit and withdrawal. Therefore, it is necessary for the legislature to revise “credit card” under this special fraud into “electronic payment card,” and “credit card fraud” into “electronic payment card fraud,” which will be understood easily and precisely. “Use” and “fraudulent use” of credit card under this fraud is defined as ordinary use of credit card, including withdrawal cash with authentic or forged credit card from ATMs. It is unreasonable to define “malicious overdraft” as a form of credit card fraud under the Chinese Criminal Law. In the future amendment, this kind of criminal conduct shall be separated as independent named as “malicious overdraft” or “abuse of credit card” under the Criminal Law with less stiff statutory punishment than that of credit card fraud. Besides, under the Chinese Criminal Law, stealing credit card and using it is held as “theft,” which is neither reasonable nor logical. Therefore, it should be revised in the future criminal law.     

土地储备库里的权利辨

土地储备库里存有国有土地所有权,但无建设用地使用权,更无宅基地使用权、土地承包经营权以及地役权,也不应该有债权性质的土地权利。该国有土地所有权并不归属于土地储备机构,而归国家享有。     

社会公正与以德化民

道德教化与社会公正相辅相成,社会公正是社会主义公民道德教化的本质体现,也是建构高尚的公民道德的基本保障;以德化民有利于促进社会公正的实现。因此,实现社会公正是党和政府的重要任务。我们应该着重从党、国家、政府和社会等多个层面加强营造社会公正的氛围,从而为实现以德化民打下坚实的基础。     

High‐Throughput STR Analysis for DNA Database Using Direct PCR,

Since the Korean criminal DNA database was launched in 2010, we have focused on establishing an automated DNA database profiling system that analyzes short tandem repeat loci in a high‐throughput and cost‐effective manner. We established a DNA database profiling system without DNA purification using a direct PCR buffer system. The quality of direct PCR procedures was compared with that of conventional PCR system under their respective optimized conditions. The results revealed not only perfect concordance but also an excellent PCR success rate, good electropherogram quality, and an optimal intra/inter‐loci peak height ratio. In particular, the proportion of DNA extraction required due to direct PCR failure could be minimized to <3%. In conclusion, the newly developed direct PCR system can be adopted for automated DNA database profiling systems to replace or supplement conventional PCR system in a time‐ and cost‐saving manner.     

社区民警“就地访谈”工作法探析

顺应公安民警走访联系群众工作常态化、制度化的要求,适应社区警务模式的需要,创设社区民警"就地访谈"工作法很有必要。"就地访谈"是指社区民警在当班巡逻的过程中,基于自主判断,任意选择一个对象,在表明身份和说明意图后就地与其交谈,以期获取警方所需信息的过程。"就地访谈"工作法有自己的特色,区别于现场访问、入户访谈(调查)以及盘查。社区民警进行"就地访谈"要掌握一定的要领,对"就地访谈"获取的信息也要进行科学的加工处理和存储,并实现信息共享。     

拾取他人信用卡并在ATM机上取款行为应定盗窃罪

拾取他人信用卡并在ATM机上取走大量现金的行为,不能简单地套用刑法第196条第三款之规定,也不能将ATM机的人工智能和“冒用”的含义在法律概念上扩大化,从而该认定为信用卡诈骗罪。ATM机是银行的业务工具,而绝非银行的“电子代理人”,ATM机在目前的条件下绝对不可能被骗．在ATM机上取出的钱属于信用卡失主所有,取款的行为违背了失主的意愿并属于秘密窃取,完全符合盗窃罪的构成要件。     

论我国信用卡犯罪的司法适用——以解评《中华人民共和国刑法修正案（五）》的相关规定为视角

《中华人民共和国刑法修正案(五)》在刑法规定的伪造金融票证罪以及信用卡诈骗罪的基础上对信用卡犯罪作了全面的规定,明确了信用卡犯罪的多种行为形式,这样可以有效堵截法律上的漏洞,为司法实践提供法律依据。但未将单位作为信用卡诈骗罪的主体是此次修订的缺憾。     

信用卡诈骗罪罪态界限探讨

犯罪形态是犯罪构成要件的具体表现形式 ,任何犯罪现象都呈现出一定的犯罪形态。罪态问题既涉及某种犯罪形态的认定问题 ,又涉及该种犯罪形态内部若干具体犯罪形态的界限划分问题。根据不同的标准和角度 ,信用卡诈骗罪也呈现着不同的犯罪形态 ,主要有未完成形态、罪数形态、共犯形态和错误形态。