我国相对负刑事责任年龄的立法缺陷与重构

由于立法技术的不成熟以及刑法总则与分则的衔接不够协调与一致,致使刑法条文中关于相对负刑事责任年龄的有关规定存在较大缺陷.应将相对负刑事责任年龄人承担刑事责任的几种"罪"明确规定为"犯罪行为"而非"罪名",将"投毒"改为"投放危险物质",加入"决水",排除"贩卖毒品".以更大限度地达到"社会防卫"与"保护未成年人"的统一与衡平,实现刑法的双重保护目的.     

保障流动人口合法权益 促进厦门和谐社会建设

随着厦门市经济发展和社会进步,流动人口劳工总量呈稳步上升之势.虽然厦门市在保障流动人口权益、促进厦门和谐社会建设方面取得了显著成绩,但还存在着一些问题,为此应采取措施,保障流动人口合法权益,促进和谐社会建设.     

Parental Battlefield: Divorcing Parents and the Treatment of Children with ADHD

Attention deficit hyperactivity disorder (ADHD) typically manifests as inattention, hyperactivity, and impulsivity among children, resulting in stimulant drug therapy. Children exposed to high‐stress situations, such as divorcing parents, are twice as likely to present with ADHD symptoms. Often these symptoms are a result of the stress and not truly ADHD. Additionally, parents in conflict frequently disagree about the appropriate diagnosis and treatment for their child, which leads to court disputes. Thus, this Note proposes a policy be implemented setting forth alternatives that must be exhausted for a period of time prior to administering stimulants to a child of divorce.     

Innovative Family Mediation Research Initiative Embedded in the Community In Ireland

The Family Mediation Project is a not‐for‐profit means‐tested research initiative at Waterford Institute of Technology, based on an innovative family mediation model developed by Dr Roisin O’ Shea, following her Irish Research Council funded doctoral research. The project, led by W.I.T.’s Dr Sinéad Conneely (coordinator) and Dr Roisin O’ Shea (principal investigator), is test‐running the next iteration in family mediation, embedded in the community, comprising of the most effective elements sourced globally, with a particular focus on innovations in Canada, and is gathering empirical data to evidence outcomes. The final “real world” phase of the project commenced in May 2018, an exciting collaboration between voluntary, statutory agencies and a research institution to further test the effectiveness of this innovative approach on a larger scale at community level in the south Dublin area. This paper will discuss the project innovations and efficacy of the projects objectives, to provide effective mediation as quickly as possible for families and their children, within their community, by experienced family mediators, with hook‐ups and sign‐posting to trusted existing resources, such as the support services offered by the Family Resource Centres, and on‐line and face‐to‐face resources, with the court‐room as an end of pipe‐line solution or emergency forum only.     

Using Administrative Data to Monitor Racial/Ethnic Disparities and Disproportionality Within Child Welfare Agencies: Process and Preliminary Outcomes

Child welfare administrative data are increasingly used to identify racial/ethnic disproportionality and disparities at various levels of aggregation. However, child welfare agencies typically face challenges in harnessing administrative data to examine racial/ethnic disproportionality and disparities at meaningful levels of analysis due to limited resources and/or tools for reporting. This article describes the process through which a multi-state workgroup designed and developed management reports to monitor racial/ethnic disparities and disproportionality using a web-based child welfare administrative data reporting system. The article provides an overview of the process, outcome, and challenges of the group’s work with the goal of offering a starting point for discussion to others who may be seeking to monitor racial/ethnic disparities and disproportionality, regardless of their reporting system.     

Looking for some light through the lens of “cryptowar” history: Policy options for law enforcement authorities against “going dark”

As companies and end-users increasingly deploy end-to-end encryption, law enforcement and national security agencies claim they “go dark”, i.e. lose in practice the power to legally intercept and gain access to information and communications. This has revived a debate that seemed closed by the late 1990s, namely whether backdoors should be embedded in encryption systems. This paper provides a historical overview of the policy debates surrounding encryption, to identify the potential regulatory options for policy-makers, based on the lessons that can be learned from “cryptowar” history. We discuss the First Cryptowars (1990s, focusing on backdoor schemes), the Interbellum (featuring a rise in powers to order decryption), the Second Cryptowars (2010s, renewed backdoor discussions) and their aftermath: the newly emerging battlefield of legal hacking. The latter can be seen as a condition for the truce with which – for now – the Cryptowars seem to have ended. Cryptowar history teaches us that the two main policy options for decryption by government agencies – ensuring access to keys ex ante (backdoors) or ex post (decryption orders) – both suffer from fundamental flaws. Therefore, legal hacking powers – if human rights standards are sufficiently taken into account – could be the only realistic policy option to preserve some light in an era of dark communication channels.     

Structuring modern life running on software. Recognizing (some) computer programs as new “digital persons”

Saudi Arabia grants nationality to an AI robot; the first “clash of robots” took place in Japan; and, Bill Gates suggests that robots start paying taxes. We believe that these developments justify new legal fiction interventions. Software has long now exceeded the intellectual property boundaries. It is no longer merely property; it has assumed life of its own. It does not matter that such life is imaginary today. Legal persons were brought to life through legal fiction intervention that was based on much less motivation – merely the human incentive for profit. Software is certainly connected today with profit, given that the world's most valued corporations are software companies. However, it has moved much further than that, to assume in many ways artificial life of its own. We think that it is time that the dichotomy between natural and legal persons, that has served humanity so well over the past centuries, now be trisected: A new, digital person, ought to be added to it.     

Cloud forecasting: Legal visibility issues in saturated environments

The advent of cloud computing has brought the computing power of corporate data processing and storage centers to lightweight devices. Software-as-a-service cloud subscribers enjoy the convenience of personal devices along with the power and capability of a service. Using logical as opposed to physical partitions across cloud servers, providers supply flexible and scalable resources. Furthermore, the possibility for multitenant accounts promises considerable freedom when establishing access controls for cloud content. For forensic analysts conducting data acquisition, cloud resources present unique challenges. Inherent properties such as dynamic content, multiple sources, and nonlocal content make it difficult for a standard to be developed for evidence gathering in satisfaction of United States federal evidentiary standards in criminal litigation. Development of such standards, while essential for reliable production of evidence at trial, may not be entirely possible given the guarantees to privacy granted by the Fourth Amendment and the Electronic Communications Privacy Act. Privacy of information on a cloud is complicated because the data is stored on resources owned by a third-party provider, accessible by users of an account group, and monitored according to a service level agreement. This research constructs a balancing test for competing considerations of a forensic investigator acquiring information from a cloud.     

林业习惯法对林业法制建设的意义

集体林权改革有自上而下的特点,但其成功终究离不开社会的支持,林业法制建设也不例外。林业习惯法出自特定地域社会,与国家制定法相比,有明显地域性,自发性和原初性特点。依照法律多元理论,社会秩序的维护并否单靠国家法就能完成的。林业习惯法能弥补国家制定法的局限,有助于林区秩序的维护,其现实合理性不容忽视。林业习惯法对于国家林业法制建设具有内容上的重要基础,实施过程中的重要补充,程序上的重要参照三大意义。因此集体林权改革过程中,应重视林业习惯法的价值,实现林业习惯法与国家制定法之间的互动与融合。     

全国外国法制史研究会第十八届年会综述

就2005年8月在西宁市召开的全国外国法制史研究会第十八届年会上与会学者就其中心议题“20世纪外国刑事法律的理论与实践”提交的一些重要论文及就此展开的学术讨论进行了概括性和综合性的介绍。