论被继承人宽宥制度的适用

被继承人宽宥制度,是指当继承人因特定原因丧失继承权后确有悔过行为,经被继承人宽恕后重新恢复继承权的一项民事法律制度,在我国具有一定的社会基础和深厚的历史渊源。设立被继承人宽宥制度,旨在为有过错的继承人提供改过自新、重新获得继承权的机会。     

“Complete Labelling” and Domestic Prosecutions for Crimes Against Humanity

Criminal Law Forum - Fair labelling is an established principle of criminal justice that scrutinises the way that States use language in labelling criminal defendants and their conduct. I argue...     

Less Safe in the Ivory Tower: Campus Sexual Assault Policy in the Trump Administration

ABSTRACT

Since the late 20th century, the federal government has regulated colleges’ and universities’ handling of campus sexual and gender-based violence (CSGBV). Although the arc of history has bent toward establishing greater protections for victims of such violence, new proposed regulation by the U.S. Department of Education under the Trump administration focuses more heavily on ensuring due process rights for students accused of CSGBV. Most recently, in November 2018, U.S. Secretary of Education, Betsy DeVos submitted a proposed rule change to the regulation of Title IX of the Education Amendments of 1972. This article provides the historical context for this most recent proposed federal regulation of CSGBV and discusses the criticism of this proposal that, if it is implemented, students would become less safe in the ivory tower.     

An analysis of the fundamental tensions between copyright and social media: the legal implications of sharing images on Instagram

ABSTRACT

Copyright is inherently intertwined with the development of technology and none more so than the advent of the Internet and sharing technologies. More recently, social media platforms have become the latest challenge for copyright law and policy. This article builds on the literature that recognises the underlying conflict between copyright and social networking sites (SNSs); namely that the basic implication of copyright is the restriction of copying, whereas the ethos of social networking is the promotion of sharing. In particular, this article focuses on the disparity between the restricted acts of copying and communication to the public under copyright law and the encouragement of sharing on SNS Instagram. In doing so, it contextualises the debate surrounding copyright and social media and provides an understanding of the legal implications of using Instagram. As such this paper analyses (1) the infringement of copyright protected work on Instagram, and (2) the user-agreement and licensing of copyright material on Instagram. This study concludes that the disparity between the principles of copyright and social media lead to confusion and vulnerability of users. Therefore, it is suggested that Instagram should better inform its users of the implications of sharing third-party content as well as the terms of its user agreement. This could be done by implementing a copyright strategy, which includes a notice and takedown system as well as investing in producing educational content for users. Perhaps SNSs, such as Instagram might be more motivated to take steps to recognise intellectual property rights if they were considered Internet Services Provides such as YouTube.     

纪念香港城市大学合作十周年研讨会发言节选

2019年12月8日国家法官学院与香港城市大学合作办学十年座谈会暨判例法与案例指导制度论坛举行,本刊摘录几位嘉宾的现场演讲,以飨读者。     

Correction to: Frankenstein in Grozny: vertical and horizontal cracks in the foundation of Kadyrov’s rule

Asia Europe Journal - Many scholars have suggested that organized violence in Chechnya has ended, and that Russia’s Chechenization policy and Ramzan Kadyrov’s presidency deserve the...     

Forensic Application of Analytical Mechanics in Fatal Fall From a Height

Fatal fall from a height initiated with a swinging motion on the sagittal plane of the victim's body is examined. Method of analytical mechanics is adopted to establish the functional relations between the swinging angle of the body and the force needed to sustain the body until release, and the amount of the horizontal displacement that would occur after release. The analysis is applied to support an expert opinion presented in a criminal court in which two accused were convicted of murder for dropping a female victim from a bridge. The results indicate that it is unlikely for the body to locate as recorded by the police investigation report in the case. This study demonstrates that a straightforward mechanical analysis can be utilized to examine uncommon falling scenarios.     

Child Sexual Abuse Perpetrated by Women: Case Series and Review of the Literature

The literature on child sexual abuse (CSA) perpetrated by female sexual offenders (FSOs) is exiguous, and many studies have focused on judicial databases. The present retrospective study, instead, analyzed clinical and judicial data of a group of both victims and alleged FSOs, to additionally include women who have not been convicted by the criminal justice system, but who hold strong clinical suspicions of being perpetrators of CSA. The medical records and the Court files of 11 children and their eight suspected FSOs have been collected and critically reviewed in light of the literature to date. This approach allowed for a deeper understanding of the relationship between child and FSO. The authors hypothesize that the victims’ severe psychopathological outcomes were a result of a failure to develop appropriate attachments with their prospective caregivers, which could have been damaged by the pathological relationship with FSOs, who were the victims’ caregivers.     

Defenders of Freedom or Perpetrators and Facilitators of Crimes? Beyond Progressive Retreatism in the Trump Era

ABSTRACT

Heavily influenced by broad definitions of crime developed by a few pioneering critical criminologists, the main objective of this article is to provide evidence showing that the current Trump administration is a regime that commits crimes of the powerful and facilitates some types of interpersonal violence in private places. Special attention is devoted to direct and in-direct state-perpetrated violent crimes against women.     

习近平新时代文明观的理论程式与实践指向——兼驳美国政客的“文明冲突论”

习近平新时代文明观是习近平新时代中国特色社会主义思想的"人类文明篇章"。从文明向度回答了"世界怎么了",批驳了当前以美国为主要代表的文明中心主义,以及全球恐怖主义、民粹主义等野蛮行径,指出人类文明面临主体性下降的共同挑战。从世界视野回答了"我们怎么办",是马克思主义文明观的创新发展,是中华民族文明叙事逻辑的当代延展,堪称全球化历史时代的精神精华。从自身定位回答了"中国如何做",为中国推动文明交流互鉴提供了根本遵循与行动指南。习近平新时代文明观的"出场""在场""现场"既构成了逻辑完备的理论程式,有力驳斥了文明冲突论,又具有鲜明的实践指向,领航中国特色大国外交。