Following the Enlightenment,the principle of human rights protection promoted the transition of criminal justice systems from“punitiveness”to“penal humanitarianism.”However,in the second half of the 20th century,t...Following the Enlightenment,the principle of human rights protection promoted the transition of criminal justice systems from“punitiveness”to“penal humanitarianism.”However,in the second half of the 20th century,the United States and the United Kingdom witnessed the rise of“new punitiveness,”which is characterized by mass incarceration,a punitive turn in community supervision,and numerous collateral consequences of criminal offences.New punitiveness did not emerge from a unified movement or agenda but was driven by changes in crime control philosophies,adjustments in criminal laws,and the initiation of criminal justice campaigns against a backdrop of perceived severe public safety deterioration.Its deeper causes can be traced to the dominance of neoliberalism in economics,the unprecedented alignment of political elites and public attitudes under electoral and partisan politics,and traditional class control mechanisms targeting specific identity groups.Studying new punitiveness can offer valuable insights for identifying potential risks in China’s criminal justice system at both theoretical and practical levels,while providing methodological inspiration for advancing interdisciplinary research.展开更多
With the continuous progress of automatic driving technology,automatic driving technology standards are gradually affecting the determination of criminal responsibility for traffic accidents in China.At present,the ch...With the continuous progress of automatic driving technology,automatic driving technology standards are gradually affecting the determination of criminal responsibility for traffic accidents in China.At present,the characteristics and tendency of China's automatic driving technology standards present the situation of high policy relevance coexisting with low normative binding,professionalism coexist with barriers,forefront coexist with ambiguity.Therefore,challenges are presented both theoretically and practically on the determination of criminal responsibility based on automatic driving technology standard..In this regard,the misunderstanding should be clarified in theory:The legal order under the automatic driving technology standard has constitutionality and systematic,and there is a balance between the frontier of automatic driving technology development and the lagging of criminal law.The automatic driving technology risk level system should be built to clarify the boundary of the effectiveness of criminal law norms,seeking fora breakthrough in the application of the establishment of a comprehensive judgment system of the risks and accidents and the system of evidence to prove the system,which clarifies the determination of criminal responsibility under the automatic driving technology standard.This essay hopes to pursue breakthroughs in the application-to establish a comprehensive judgment system of risks and accidents as well as an evidence proof system,so as to clarify the determination of criminal responsibility under automatic driving technology standards.展开更多
In a criminal procedure,if the offender and the victim negotiate to solve the criminal case in the way of confession,compensation and apology,the specialized agency terminate the criminal responsibility investigation ...In a criminal procedure,if the offender and the victim negotiate to solve the criminal case in the way of confession,compensation and apology,the specialized agency terminate the criminal responsibility investigation of the offender or give lighter punishment to the offender.This form of case treatment method is defined as criminal reconciliation.[1](P191)The system dated from 70s of last century when a reconciliation experiment of‘Victim-Offender’appeared in Ontario,Canada.After that,the method was introduced to America and some European countries.The practice of the method in western countries attached the attention of Chinese law society,and some regions has made legal attempts.However the author hold the view that the criminal reconciliation lacks enough rationality and feasibility,so that it shocks the basic principle of the existing criminal law,corrodes the social psychological basis of the law,and aggravates the judicial corruption.The method has theoretic defects,and it should not be promoted in current judicial practice.展开更多
Establishing the food and drug police system is particularly important for effectively striking at illegal and criminal activities related to food and drug. This study firstly revealed actual background of establishme...Establishing the food and drug police system is particularly important for effectively striking at illegal and criminal activities related to food and drug. This study firstly revealed actual background of establishment of the food and drug police system. Taking the high profile gutter oil case in 2013 as an example,it analyzed advantages of the police in food safety supervision. Then,it summarized some pilot projects in China and analyzed characteristics of the Office of Criminal Investigations of FDA. Finally,it came up with problems and recommendations for improving food and drug police system.展开更多
Racial discrimination remains a prevalent issue in the contemporary U.S.despite efforts to promote equality.Many young African American and Hispanic males are easy target for law enforcement agents.Minorities experien...Racial discrimination remains a prevalent issue in the contemporary U.S.despite efforts to promote equality.Many young African American and Hispanic males are easy target for law enforcement agents.Minorities experience a higher and more unfair form of racial discrimination,racial profiling,police brutality,unfair sentencing,and mass incarceration for offences which are the same or less than those committed by White males.The rate of incarceration in the United States is five to eight times higher than most developed countries,and Black males constitute the largest percentage of inmates in the U.S.prison system.Once arrested,Black Americans are more likely to remain in prison longer,and await trial for minor offenses at a higher rate than Whites.Black and Latino males sentenced in state and federal courts face significantly greater odds of incarceration than White offenders for the same or even higher crimes.Vagins and McCurdy in a 2006 ACLU on“cracks in the system”reported that“There is no rational medical or penological reason for the 100:1 disparity between crack and powder cocaine and instead it causes an unjustified racial disparity in our penal system”(p.7).There is a racial disparity in the proportion of Black males in prison serving sentences of life without the possibility of parole(LWOP).In addition,The United States Criminal Justice System needs to be carefully examined as a top priority agenda needing immediate call of action that needs reform to guarantee the constitutional rights accorded to every American“with liberty and justice for all”.展开更多
Since the ＂five -punishment＂ system was established from the period of the slavery society of the Western Zhou Dynasty, corporal punishment has been always in existence as a tool used by the rulers to punish people ...Since the ＂five -punishment＂ system was established from the period of the slavery society of the Western Zhou Dynasty, corporal punishment has been always in existence as a tool used by the rulers to punish people in ancient China. Although corporal punishment was abolished in the punishment sentencing reform of Emperor Wen of Han, it was further developed and improved in the penalty system of the Sui and Tang dynasties. However, it was restored in the Song, Liao, Yuan, Ming, and Qing Dynasties, etc. From the studies of the corporal punishment change, the reform law of the penal system in ancient China can be found, and also the significance of ancient Chinese corporal punishment reform to the progress of criminal penalty can be sought. Meanwhile, it is of vital significance to knowing well the development of China＇s legal history and improving the current penal system.展开更多
Although criminal law as a positive branch of law has been established at the early stage of founding the first states,scientific analysis of basic terms and institutes of criminal law began only in the 18th and the 1...Although criminal law as a positive branch of law has been established at the early stage of founding the first states,scientific analysis of basic terms and institutes of criminal law began only in the 18th and the 19th century.At the same time more natural and social sciences have been developed looking for the answers to the following questions:(1)what are the causes of crime?(2)what is the baseline of criminal responsibility?and(3)what are the measures that state should implement towards the criminal offences’perpetrators?In answering these questions series of scientific trends and understandings are developed in order to analyse forms of social reactions to crime in different ways,and this paper elaborates that.展开更多
The Larry Nassar scandal at Michigan State University is the worst and most widespread case of childhood sex abuse in this nation’s history to date,affecting over 150 young girls and women.This article asks:What were...The Larry Nassar scandal at Michigan State University is the worst and most widespread case of childhood sex abuse in this nation’s history to date,affecting over 150 young girls and women.This article asks:What were the structural and ideological mechanisms,policies,and practices that enabled this widespread abuse over a thirty-year period?Louis Althusser’s Marxist theory of Ideological State Apparatuses(and feminist responses to this theory)is useful in explaining how state-making institutions-media outlets,universities,athletic organizations,and family units-are not only produced and reproduced along class lines,but also with respect to gendered power dynamics.By examining the patriarchal nature of ISAs,one can begin to understand how Larry Nassar was for so long shielded from suspicion and criminal prosecution by the institutions that employed him.展开更多
基金a phased result of the“National Funded Postdoctoral Researchers Program”(GZC20230818).
文摘Following the Enlightenment,the principle of human rights protection promoted the transition of criminal justice systems from“punitiveness”to“penal humanitarianism.”However,in the second half of the 20th century,the United States and the United Kingdom witnessed the rise of“new punitiveness,”which is characterized by mass incarceration,a punitive turn in community supervision,and numerous collateral consequences of criminal offences.New punitiveness did not emerge from a unified movement or agenda but was driven by changes in crime control philosophies,adjustments in criminal laws,and the initiation of criminal justice campaigns against a backdrop of perceived severe public safety deterioration.Its deeper causes can be traced to the dominance of neoliberalism in economics,the unprecedented alignment of political elites and public attitudes under electoral and partisan politics,and traditional class control mechanisms targeting specific identity groups.Studying new punitiveness can offer valuable insights for identifying potential risks in China’s criminal justice system at both theoretical and practical levels,while providing methodological inspiration for advancing interdisciplinary research.
基金The National Social Science Foundation Youth Project of China:Research on the collaborative govemance path of administrative law and criminal law against dangerous driving behaviors in the digital-intelligent society(25CFX108)。
文摘With the continuous progress of automatic driving technology,automatic driving technology standards are gradually affecting the determination of criminal responsibility for traffic accidents in China.At present,the characteristics and tendency of China's automatic driving technology standards present the situation of high policy relevance coexisting with low normative binding,professionalism coexist with barriers,forefront coexist with ambiguity.Therefore,challenges are presented both theoretically and practically on the determination of criminal responsibility based on automatic driving technology standard..In this regard,the misunderstanding should be clarified in theory:The legal order under the automatic driving technology standard has constitutionality and systematic,and there is a balance between the frontier of automatic driving technology development and the lagging of criminal law.The automatic driving technology risk level system should be built to clarify the boundary of the effectiveness of criminal law norms,seeking fora breakthrough in the application of the establishment of a comprehensive judgment system of the risks and accidents and the system of evidence to prove the system,which clarifies the determination of criminal responsibility under the automatic driving technology standard.This essay hopes to pursue breakthroughs in the application-to establish a comprehensive judgment system of risks and accidents as well as an evidence proof system,so as to clarify the determination of criminal responsibility under automatic driving technology standards.
文摘In a criminal procedure,if the offender and the victim negotiate to solve the criminal case in the way of confession,compensation and apology,the specialized agency terminate the criminal responsibility investigation of the offender or give lighter punishment to the offender.This form of case treatment method is defined as criminal reconciliation.[1](P191)The system dated from 70s of last century when a reconciliation experiment of‘Victim-Offender’appeared in Ontario,Canada.After that,the method was introduced to America and some European countries.The practice of the method in western countries attached the attention of Chinese law society,and some regions has made legal attempts.However the author hold the view that the criminal reconciliation lacks enough rationality and feasibility,so that it shocks the basic principle of the existing criminal law,corrodes the social psychological basis of the law,and aggravates the judicial corruption.The method has theoretic defects,and it should not be promoted in current judicial practice.
基金Supported by Project of National Natural Science Foundation(71173225)
文摘Establishing the food and drug police system is particularly important for effectively striking at illegal and criminal activities related to food and drug. This study firstly revealed actual background of establishment of the food and drug police system. Taking the high profile gutter oil case in 2013 as an example,it analyzed advantages of the police in food safety supervision. Then,it summarized some pilot projects in China and analyzed characteristics of the Office of Criminal Investigations of FDA. Finally,it came up with problems and recommendations for improving food and drug police system.
文摘Racial discrimination remains a prevalent issue in the contemporary U.S.despite efforts to promote equality.Many young African American and Hispanic males are easy target for law enforcement agents.Minorities experience a higher and more unfair form of racial discrimination,racial profiling,police brutality,unfair sentencing,and mass incarceration for offences which are the same or less than those committed by White males.The rate of incarceration in the United States is five to eight times higher than most developed countries,and Black males constitute the largest percentage of inmates in the U.S.prison system.Once arrested,Black Americans are more likely to remain in prison longer,and await trial for minor offenses at a higher rate than Whites.Black and Latino males sentenced in state and federal courts face significantly greater odds of incarceration than White offenders for the same or even higher crimes.Vagins and McCurdy in a 2006 ACLU on“cracks in the system”reported that“There is no rational medical or penological reason for the 100:1 disparity between crack and powder cocaine and instead it causes an unjustified racial disparity in our penal system”(p.7).There is a racial disparity in the proportion of Black males in prison serving sentences of life without the possibility of parole(LWOP).In addition,The United States Criminal Justice System needs to be carefully examined as a top priority agenda needing immediate call of action that needs reform to guarantee the constitutional rights accorded to every American“with liberty and justice for all”.
文摘Since the ＂five -punishment＂ system was established from the period of the slavery society of the Western Zhou Dynasty, corporal punishment has been always in existence as a tool used by the rulers to punish people in ancient China. Although corporal punishment was abolished in the punishment sentencing reform of Emperor Wen of Han, it was further developed and improved in the penalty system of the Sui and Tang dynasties. However, it was restored in the Song, Liao, Yuan, Ming, and Qing Dynasties, etc. From the studies of the corporal punishment change, the reform law of the penal system in ancient China can be found, and also the significance of ancient Chinese corporal punishment reform to the progress of criminal penalty can be sought. Meanwhile, it is of vital significance to knowing well the development of China＇s legal history and improving the current penal system.
文摘Although criminal law as a positive branch of law has been established at the early stage of founding the first states,scientific analysis of basic terms and institutes of criminal law began only in the 18th and the 19th century.At the same time more natural and social sciences have been developed looking for the answers to the following questions:(1)what are the causes of crime?(2)what is the baseline of criminal responsibility?and(3)what are the measures that state should implement towards the criminal offences’perpetrators?In answering these questions series of scientific trends and understandings are developed in order to analyse forms of social reactions to crime in different ways,and this paper elaborates that.
文摘The Larry Nassar scandal at Michigan State University is the worst and most widespread case of childhood sex abuse in this nation’s history to date,affecting over 150 young girls and women.This article asks:What were the structural and ideological mechanisms,policies,and practices that enabled this widespread abuse over a thirty-year period?Louis Althusser’s Marxist theory of Ideological State Apparatuses(and feminist responses to this theory)is useful in explaining how state-making institutions-media outlets,universities,athletic organizations,and family units-are not only produced and reproduced along class lines,but also with respect to gendered power dynamics.By examining the patriarchal nature of ISAs,one can begin to understand how Larry Nassar was for so long shielded from suspicion and criminal prosecution by the institutions that employed him.
