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
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
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
The task of prison term prediction is to predict the term of penalty based on textual fact description for a certain type of criminal case.Recent advances in deep learning frameworks inspire us to propose a two-step m...The task of prison term prediction is to predict the term of penalty based on textual fact description for a certain type of criminal case.Recent advances in deep learning frameworks inspire us to propose a two-step method to address this problem.To obtain a better understanding and more specific representation of the legal texts,we summarize a judgment model according to relevant law articles and then apply it in the extraction of case feature from judgment documents.By formalizing prison term prediction as a regression problem,we adopt the linear regression model and the neural network model to train the prison term predictor.In experiments,we construct a real-world dataset of theft case judgment documents.Experimental results demonstrate that our method can effectively extract judgment-specific case features from textual fact descriptions.The best performance of the proposed predictor is obtained with a mean absolute error of 3.2087 months,and the accuracy of 72.54%and 90.01%at the error upper bounds of three and six months,respectively.展开更多
Niigata University Hospital is a regional center institution of cancer therapy where many patients with gastrointestinal stromal tumors （GISTs） are visiting to seek the latest treatment.During the time Ⅰ was treati...Niigata University Hospital is a regional center institution of cancer therapy where many patients with gastrointestinal stromal tumors （GISTs） are visiting to seek the latest treatment.During the time Ⅰ was treating GIST patients there with imatinib,a tyrosine kinase inhibitor,a small concern was raised：Ⅰ successively encountered patients who were newly diagnosed as having malignant neoplasms during the course of their treatment.Of the 70 GIST patients who were enrolled in our prospective study of imatinib therapy,seven suffered from second primary malignancies （SPMs）.One female GIST patient who suffered from advanced esophageal cancer died of the SPM,whereas the remaining six patients continued with their imatinib therapy and their prognoses were not affected by their SPMs.I reported on the risk of SPMs in GIST patients under imatinib therapy to an international journal of clinical oncology （1）.As the patient cohort of our study was so small in number to apply to statistical analysis,our observation was no more than a clinical alert.展开更多
The paper,based on the concept of FOOTING,makes a multimodal discourse analysis of the relationship between the judge’s discourse and his footing shifts in a criminal courtroom.The results show that in the interactio...The paper,based on the concept of FOOTING,makes a multimodal discourse analysis of the relationship between the judge’s discourse and his footing shifts in a criminal courtroom.The results show that in the interaction,multimodal resources in judges’discourse include conversational features(prolonging keywords,interrupting,repeating,taking turns,etc.),acoustic ones(ascending F0 for pitches and d B for intensity,transition tracks between consonants and formants of vowels,duration of some keywords in important sentences,etc.),and visual ones(facing other parties,facing the materials,etc.).The multimodal resources activate different judges’footings,including ANIMATOR,ANIMATOR+AUTHOR and ANIMATOR+AUTHOR+PRINCIPAL,and identify the judge’s footing shifts in the courtroom.The results also demonstrate that the judge’s footing shifts perform the functions of trial organizing,information confirming,fact investigating,spokesperson of the collegial panel,law educating and so on in criminal trials.展开更多
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.
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.
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.
基金This work is supported in part by the National Key Research and Development Program of China under grants 2018YFC0830602 and 2016QY03D0501in part by the National Natural Science Foundation of China(NSFC)under grants 61872111,61732022 and 61601146.
文摘The task of prison term prediction is to predict the term of penalty based on textual fact description for a certain type of criminal case.Recent advances in deep learning frameworks inspire us to propose a two-step method to address this problem.To obtain a better understanding and more specific representation of the legal texts,we summarize a judgment model according to relevant law articles and then apply it in the extraction of case feature from judgment documents.By formalizing prison term prediction as a regression problem,we adopt the linear regression model and the neural network model to train the prison term predictor.In experiments,we construct a real-world dataset of theft case judgment documents.Experimental results demonstrate that our method can effectively extract judgment-specific case features from textual fact descriptions.The best performance of the proposed predictor is obtained with a mean absolute error of 3.2087 months,and the accuracy of 72.54%and 90.01%at the error upper bounds of three and six months,respectively.
文摘Niigata University Hospital is a regional center institution of cancer therapy where many patients with gastrointestinal stromal tumors （GISTs） are visiting to seek the latest treatment.During the time Ⅰ was treating GIST patients there with imatinib,a tyrosine kinase inhibitor,a small concern was raised：Ⅰ successively encountered patients who were newly diagnosed as having malignant neoplasms during the course of their treatment.Of the 70 GIST patients who were enrolled in our prospective study of imatinib therapy,seven suffered from second primary malignancies （SPMs）.One female GIST patient who suffered from advanced esophageal cancer died of the SPM,whereas the remaining six patients continued with their imatinib therapy and their prognoses were not affected by their SPMs.I reported on the risk of SPMs in GIST patients under imatinib therapy to an international journal of clinical oncology （1）.As the patient cohort of our study was so small in number to apply to statistical analysis,our observation was no more than a clinical alert.
基金This paper is funded by the National Social Science Foundation of China[Project No.:18BYY073].
文摘The paper,based on the concept of FOOTING,makes a multimodal discourse analysis of the relationship between the judge’s discourse and his footing shifts in a criminal courtroom.The results show that in the interaction,multimodal resources in judges’discourse include conversational features(prolonging keywords,interrupting,repeating,taking turns,etc.),acoustic ones(ascending F0 for pitches and d B for intensity,transition tracks between consonants and formants of vowels,duration of some keywords in important sentences,etc.),and visual ones(facing other parties,facing the materials,etc.).The multimodal resources activate different judges’footings,including ANIMATOR,ANIMATOR+AUTHOR and ANIMATOR+AUTHOR+PRINCIPAL,and identify the judge’s footing shifts in the courtroom.The results also demonstrate that the judge’s footing shifts perform the functions of trial organizing,information confirming,fact investigating,spokesperson of the collegial panel,law educating and so on in criminal trials.
