The statute recommendation problem is a sub problem of the automated decision system, which can help the legal staff to deal with the process of the case in an intelligent and automated way. In this paper, an improved...The statute recommendation problem is a sub problem of the automated decision system, which can help the legal staff to deal with the process of the case in an intelligent and automated way. In this paper, an improved common word similarity algorithm is proposed for normalization. Meanwhile, word mover’s distance (WMD) algorithm was applied to the similarity measurement and statute recommendation problem, and the problem scene which was originally used for classification was extended. Finally, a variety of recommendation strategies different from traditional collaborative filtering methods were proposed. The experimental results show that it achieves the best value of Fmeasure reaching 0.799. And the comparative experiment shows that WMD algorithm can achieve better results than TF-IDF and LDA algorithm.展开更多
During the Tang Dynasty,incarcerated prisoners enjoyed various rights during their detention,including access to clothing,food,medical care,hygiene,rest,and burial arrangements.Under specific conditions,prisoners were...During the Tang Dynasty,incarcerated prisoners enjoyed various rights during their detention,including access to clothing,food,medical care,hygiene,rest,and burial arrangements.Under specific conditions,prisoners were even granted leave for family events such as funerals or weddings.The Rules for Prison Officials(Yuguanling)detailed the rights and safeguards for prisoners and set clear guidelines on the use of restraints during detention.Additionally,the Statutes on Deciding Cases(Duanyu Lü)outlined explicit penalties for judicial officials who failed to ensure prisoner rights or committed related violations.Interrogation processes adhered to strict procedural and substantive requirements,including direct questioning by judges,the avoidance of cases involving personal connections or conflicts of interest,evidence-based cross-examinations,careful investigation of circumstances,and consistent rulings across similar cases.The Tang legal code imposed comprehensive,detailed,and stringent limits on the application of coercive interrogations,specifying restrictions on tools,methods,subjects,and extent.Any breaches of these restrictions were met with severe punishments.While the concept of“human rights”did not appear in Tang legal and administrative texts,these laws and regulations embody abundant principles of people-centered governance,benevolence,and human rights concepts.Systematic examination of these ideas,values,and principles—when integrated with the Marxist perspective on human rights—can enrich China’s contemporary human rights practice,contribute to articulating China’s unique narrative on human rights,and play a role in constructing a distinctly Chinese discourse on human rights.Such efforts could provide Chinese wisdom and proposals for the advancement of human rights globally.展开更多
Police emergency commitment powers for detention of persons in the community perceived to be seriously mentally ill for further specialist examination in a designated facility have always raised interest in medical an...Police emergency commitment powers for detention of persons in the community perceived to be seriously mentally ill for further specialist examination in a designated facility have always raised interest in medical and legal circles on both sides of the Atlantic. The objective of this article is to detail the police commitment procedure in England and Wales, as dictated by the mental health act of 1983 (MHA 1983) amended in 2007 (MHA 2007);and compare this with similar legal provisions as prevails under current state mental health statutes in the United States of America (USA). The comparative review of the commitment processes in England and Wales to that of the USA reveals that the process in England and Wales seeks to primarily ensure that persons with mental disorder (PWMD) in crisis are directed to a specialist hospital for evaluation and appropriate specialist care. In the USA such persons in a good number of cases may end up in the criminal justice system due to application of the “dangerousness” standard. Additionally whereas in England and Wales the commitment law is uniform in law and application, the federal system in the USA is such that the commitment law may have minor variations depending on the individual states. The minor variation in state commitment laws may engender a situation where the commitment law in England and Wales may seem relatively equitable and just towards PWMD in crisis, compared to the state commitment laws in the USA.展开更多
This paper examines early nineteenth century legal cases in which Qing jurists had to determine a just way to punish a male offender who had murdered a man in order to defend himself against rape. Earlier, in the eigh...This paper examines early nineteenth century legal cases in which Qing jurists had to determine a just way to punish a male offender who had murdered a man in order to defend himself against rape. Earlier, in the eighteenth century, jurists judging such cases exhibited considerable skepticism that same-sex rape had occurred. They regarded the claim of rape as an excuse offered by the murderer, demanded an extraordinary measure of proof that there had been a rape, and pun- ished the murderers harshly. But over time, as illustrated in model cases gathered together in the Xing＇an huilan ~lj~ or Conspectus of Punishment Cases, various officials pursuing their judicial responsibilities came to acknowledge a broader range of possible circumstances in which same-sex rape might have occurred and hence showed greater leniency to males who claimed to have tour- dered because they had been raped or judicial practice came to a climax in 1825 threatened with rape. This evolution in when the Court of Revision petitioned the Emperor to approve even greater leniency but the Board of Punishments refuted the argument.展开更多
文摘The statute recommendation problem is a sub problem of the automated decision system, which can help the legal staff to deal with the process of the case in an intelligent and automated way. In this paper, an improved common word similarity algorithm is proposed for normalization. Meanwhile, word mover’s distance (WMD) algorithm was applied to the similarity measurement and statute recommendation problem, and the problem scene which was originally used for classification was extended. Finally, a variety of recommendation strategies different from traditional collaborative filtering methods were proposed. The experimental results show that it achieves the best value of Fmeasure reaching 0.799. And the comparative experiment shows that WMD algorithm can achieve better results than TF-IDF and LDA algorithm.
基金This article is an interim achievement of the National Social Science Fund Major Project“Classification,System Construction,and Database Building of Legislative Language of Qin-Han to Tang Dynasty”(Project Approval Number 21&ZD197).
文摘During the Tang Dynasty,incarcerated prisoners enjoyed various rights during their detention,including access to clothing,food,medical care,hygiene,rest,and burial arrangements.Under specific conditions,prisoners were even granted leave for family events such as funerals or weddings.The Rules for Prison Officials(Yuguanling)detailed the rights and safeguards for prisoners and set clear guidelines on the use of restraints during detention.Additionally,the Statutes on Deciding Cases(Duanyu Lü)outlined explicit penalties for judicial officials who failed to ensure prisoner rights or committed related violations.Interrogation processes adhered to strict procedural and substantive requirements,including direct questioning by judges,the avoidance of cases involving personal connections or conflicts of interest,evidence-based cross-examinations,careful investigation of circumstances,and consistent rulings across similar cases.The Tang legal code imposed comprehensive,detailed,and stringent limits on the application of coercive interrogations,specifying restrictions on tools,methods,subjects,and extent.Any breaches of these restrictions were met with severe punishments.While the concept of“human rights”did not appear in Tang legal and administrative texts,these laws and regulations embody abundant principles of people-centered governance,benevolence,and human rights concepts.Systematic examination of these ideas,values,and principles—when integrated with the Marxist perspective on human rights—can enrich China’s contemporary human rights practice,contribute to articulating China’s unique narrative on human rights,and play a role in constructing a distinctly Chinese discourse on human rights.Such efforts could provide Chinese wisdom and proposals for the advancement of human rights globally.
文摘Police emergency commitment powers for detention of persons in the community perceived to be seriously mentally ill for further specialist examination in a designated facility have always raised interest in medical and legal circles on both sides of the Atlantic. The objective of this article is to detail the police commitment procedure in England and Wales, as dictated by the mental health act of 1983 (MHA 1983) amended in 2007 (MHA 2007);and compare this with similar legal provisions as prevails under current state mental health statutes in the United States of America (USA). The comparative review of the commitment processes in England and Wales to that of the USA reveals that the process in England and Wales seeks to primarily ensure that persons with mental disorder (PWMD) in crisis are directed to a specialist hospital for evaluation and appropriate specialist care. In the USA such persons in a good number of cases may end up in the criminal justice system due to application of the “dangerousness” standard. Additionally whereas in England and Wales the commitment law is uniform in law and application, the federal system in the USA is such that the commitment law may have minor variations depending on the individual states. The minor variation in state commitment laws may engender a situation where the commitment law in England and Wales may seem relatively equitable and just towards PWMD in crisis, compared to the state commitment laws in the USA.
文摘This paper examines early nineteenth century legal cases in which Qing jurists had to determine a just way to punish a male offender who had murdered a man in order to defend himself against rape. Earlier, in the eighteenth century, jurists judging such cases exhibited considerable skepticism that same-sex rape had occurred. They regarded the claim of rape as an excuse offered by the murderer, demanded an extraordinary measure of proof that there had been a rape, and pun- ished the murderers harshly. But over time, as illustrated in model cases gathered together in the Xing＇an huilan ~lj~ or Conspectus of Punishment Cases, various officials pursuing their judicial responsibilities came to acknowledge a broader range of possible circumstances in which same-sex rape might have occurred and hence showed greater leniency to males who claimed to have tour- dered because they had been raped or judicial practice came to a climax in 1825 threatened with rape. This evolution in when the Court of Revision petitioned the Emperor to approve even greater leniency but the Board of Punishments refuted the argument.
