罚金刑制度论

罚金刑作为一个古老的刑种 ,在不同历史时期 ,不同国家中 ,无论在刑罚结构中的位置 ,还是在刑罚制度设计上都有所区别 ,现代社会的发展及其趋势 ,使罚金刑越来越受到青睐 ,西方国家已经进入以自由刑和罚金刑为中心的时代 ,而我国由于各种因素 ,仍然是以死刑和自由刑为中心的刑罚结构 ,罚金刑应当有广阔的地位提升空间 ,也应有更为科学、细致的制度设计期待     

Repositioning urban bias: Non-state providers' use of spatialised networks in Bangladesh

Urban bias theory predicts urban areas of developing countries receive disproportionately more resources than rural areas due to their concentration of numerically large, politically important “vote banks.” This has not been the case in Bangladesh. This study finds that this variation occurs due to non-state providers (NSPs) changing the landscape of resource allocation. Operating on the premise that state control leads to more services in urban areas, urban bias fails to account for NSPs as critical service providers. Employing a grounded theory strategy to explore urban-rural dynamics in service provision and to build on urban bias theory, this research highlights interactions between state and non-state actors. It argues that spatialized political networks, networks of formal and informal leadership more difficult to access in urban areas, influence the locality of service provision. Though NSPs recognize increased need in urban areas of Bangladesh, their interventions in those areas remain peripheral due to differing structures of government accountability and differing levels of community acceptance facilitating these networks. The need for NSPs to adapt their activities to restrictive governance mechanisms reflects the changing space for NSPs in the context of semi-democratic regimes.     

Reforming Indian agriculture and the rise of farmer's protest in India: Tracing the discourse and the way ahead

The Indian government unveiled new farm legislation on September 27, 2020, with the goal of empowering the farming community. According to the government, new farm regulations will reduce the reliance of indigenous farmers on the mandi (market yard) system, which is now in place and is quite exploitative and full of middlemen and legal cartels. The regulations made contract farming lawful with the intention of luring private sector investment in bolstering agricultural supply chains and infrastructure to give farmers better pricing. But these rules are referred to as repressive and anti-farmer by the farming community. Farmers believe that eliminating the mandi system will eliminate the minimum support price (MSP) mechanism and that contract farming will ultimately be damaging, enticing major corporations and private investors to bind them to unfair contracts that will result in exploitation. Farmers' demonstrations have begun as a result in the former territory of the green revolution. In order to determine if the new farm regulations introduced by the central government are indeed beneficial to the rural community or not, the article followed the debate among many academics, policy makers, economists, researchers, stakeholders, and politicians (the government's spokesman). The article's main focus is on analysing the farmers' demand for the new farm rules to be repealed and the economic justification for their opposition. Additionally, it contends that new farm rules will encourage capitalistic farming and endanger the viability of farming communities, particularly small and marginal farms (S&M).     

Doing more among institutional boundaries: Platform-enabled government in China

The concept of Government as a Platform (GaaP) has recently encountered setbacks in practice worldwide. While existing literature on inter-governmental collaboration has emphasized organizational restructuring and data sharing, this study argues that a pragmatic way to improve administrative efficiency in the absence of formal institutional change is to adopt an alternative model to GaaP: platform-enabled government. Enabled by innovations of the middle-tier platform, this new model of platform governance integrates the functions of distributed systems of multiple departments into a sequential workflow without the requirement of institutional reform or sharing proprietary data. To demonstrate how this model facilitates information flow across institutional boundaries and improves collaborative governance, we analyze horizontal, vertical, and public-private collaboration using a diverse case study design. We examine administrative review, law enforcement, and contact tracing during the pandemic in the context of China. Our findings suggest accommodating institutional boundaries is a practical and effective approach to advance the digital government agenda in decentralized contexts.     

Traveling AI-essentialism and national AI strategies: A comparison between South Korea and France

In this paper, I investigate what common discourses National AI Strategies (NAISs) share and how they have unfolded differently in diverging national contexts. For this purpose, I compare the South Korean and French cases by relying on the notions of sociotechnical imaginary and future essentialism. I analyze (1) the emergence of the common discourses, which I call AI-essentialism, over the past decade; (2) the development of imaginaries around IT in Korea and France in the twentieth century, namely technological developmentalism and the American challenge, respectively; and (3) the integration of the traveling AI-essentialism and nationally embedded imaginaries of IT into each country's NAISs. The analysis indicates that: (1) AI-essentialism incorporated discursive strategies, enabling political and industrial leaders to naturalize AI development, hence justifying increased investments in the field; (2) two countries' imaginaries of IT diverged due to the successes and failures throughout the second half of the twentieth century; and (3) while two countries' NAISs share AI-essentialism's discursive instruments, their specific measures and unfolding have varied in relation to each case's existing imaginaries of IT.     

The Subject Status of Procuratorate in Marine Litigation on "Public Interests Protection"

The litigations of marine natural resources ormarine ecological (environmental) damages involve two different types of litigations, and the procuratorate should be involved in the litigationsas different litigation subjects. The compensatory litigation of marine natural resource damageis the private interest litigation which relieves the private interest damage of state owned natural resources. According to The Administrative Litigation Law and The Supreme People's Court and the Supreme People's Procuratorate's Interpretation of Several Issues Concerning the Application of Law in Procuratorial Public Interest Litigation Cases, the procuratorate should be the supervising subject. However, the compensatory litigation of marine ecological (environmental) damage is the public interest litigation which relieves public interests, and on the basis of Marine Environment Protection Law, The Civil Procedure Law and The Supreme People’s Court and the Supreme People's Procuratorate's Interpretation of Several Issues Concerning the Application of Law in Procuratorial Public Interest Litigation Cases, the procuratorate should be the supplementary subject. Due to the particularity of the marine litigations, the procuratoratefiles lawsuits against the marine natural resources ormarine ecological (environmental) damages, which shall apply both to The Provisions of the Supreme People's Court on Several Issues Concerning Compensation for Damages of Marine Natural Resources and Ecological Environment and The Supreme People’s Court and the Supreme People's Procuratorate's Interpretation of Several Issues Concerning the Application of Law in Procuratorial Public Interest Litigation Cases.     

Potential Forensic Application of Receptor for Advanced Glycation End Products (RAGE) as a Novel Biomarker for Estimating Postmortem Interval

Studies which estimate the postmortem interval (PMI) based on diatoms or bacterial communities have been well‐conducted. However, predicting the PMI based on microorganisms has limited accuracy. The objective of this study was to discover specific biomarkers for estimating the PMI for drowning. The in vivo experimental model consisted of rats classified into nine groups (seven drowned groups from Day 1 to Day 7 and two control groups). Their lung tissues were analyzed for the receptor for advanced glycation end products (RAGE) mRNA expression determined by qRT‐PCR. RAGE protein levels were determined by Western blotting and immunohistochemical (IHC) staining. RAGE mRNA and protein levels gradually degraded over time. Immunostaining analysis revealed that RAGE in the Day 1 sample was significantly higher than that in the Day 6 or Day 7 samples. These results indicate that RAGE in drowned lungs could be a potential biomarker for the determination of the PMI after drowning.     

Near‐fatal Intoxication with the “New” Synthetic Opioid U‐47700: The First Reported Case in the Czech Republic

Recreational use of the potent synthetic opioid 3,4‐ dichloro‐N‐(2‐(dimethylamino)cyclohexyl)‐N‐methylbenzamide (U‐47700) is rising, accompanied by increasingly frequent cases of serious intoxication. This article reports a case of near‐fatal U‐47700 intoxication. A man was found unconscious (with drug powder residues). After 40 h in hospital (including 12 h of supported ventilation), he recovered and was discharged. Liquid chromatography/high‐resolution mass spectrometry (LC/HRMS) or gas chromatography/mass spectrometry (GC/MS) were used to detect and quantify substances in powders, serum and urine. Powders contained U‐47700 and two synthetic cannabinoids. Serum and urine were positive for U‐47700 (351.0 ng/mL), citalopram (<LOQ), tetrahydrocannabinol (THC: 3.3 ng/mL), midazolam (<LOQ) and a novel benzodiazepine, clonazolam (6.8 ng/mL) and their metabolites but negative for synthetic cannabinoids. If potent synthetic opioids become cheaper and more easily obtainable than their classical counterparts (e.g., heroin), they will inevitably replace them and users may be exposed to elevated risks of addiction and overdose.     

Globalization and regulatory change: The interplay of laws and technologies in E-commerce in Southeast Asia

Electronic commerce has brought about business and technological changes globally, and these global changes have given rise to major legal reforms across nations. In the fast-changing global digital economy, states need strategies to maintain competitiveness of their markets while simultaneously ensuring the secure and effective use of technologies involved in conducting electronic transactions. This paper examines how the use and recognition of electronic signatures are regulated in Southeast Asia – the region that has shown the most significant growth in global e-commerce in past few years. Based on a comparative analysis of the laws of four representative ASEAN member states – namely Singapore, Thailand, Malaysia, and Vietnam, this paper argues that there is a regional trend towards adopting more liberal and technology-neutral standards for electronic signatures. Electronic signature regulation in Southeast Asia is now built upon limited technological neutrality (or the so-called “two-tiered” approach) as a shared regulatory understanding, but this approach is operationalized differently in each state due to distinctive national contexts. Within the common legal framework, each state has developed its own system of control and management with respect to higher-level signatures (using advanced technologies). The principle of technological neutrality, a concept originally developed for the regulation of technologies in response to the liberalization of telecommunications market, has been the central theme of discussions on the e-transactions policy-making scene. As the author shows, in the process through which states localize the global standards of technological neutrality, ASEAN as a vehicle of regulatory change has played an essential role in translating this principle to the national context.