Judicial Judgment Research Articles

Divergent interpretations of child abuse in legal judgments: perspectives from clinicians and forensic experts

BackgroundChild abuse in Taiwan is a major societal concern that severely affects the well-being of children. Despite the complexity in detecting abuse, reports of child abuse are increasing, evidenced by a rise in cases and heightened awareness. This study utilizes judicial judgments as a lens to understand the varied interpretations of child abuse by clinical and forensic experts and explores the broader epidemiological trends of such abuse within the declining youth population of Taiwan.MethodsWe conducted a retrospective study by analyzing official court judgments on child abuse allegations judged from 2008 to 2022 from the online database of Judicial Yuan. Furthermore, the study analyzed demographic factors, injury patterns, and opinions from various experts.ResultsThe results reveal that severe criminal cases of child abuse predominantly involve biological fathers as the primary offenders and physical abuse as the most common form of maltreatment. Victims are typically aged less than 5 years, which frequently leads to an unfavorable prognosis. Analysis also highlights the TEN-4-FACESp acronym as a highly predictive indicator of child abuse and underscores the prevalence of abusive head trauma (AHT). Moreover, the findings emphasize ongoing disparities in opinions between forensic medical examiners and clinical physicians, especially in AHT cases, which potentially influences judicial decisions.ConclusionsIn summary, the study reveals ongoing disagreements between forensic medical examiners and clinical physicians, especially in cases of AHT, which may impact judicial decisions. Promoting consensus through interdisciplinary collaboration and improved communication can aid in revealing the truth in child abuse cases.

Research on Balancing the Conflict Between Law and Public Opinion in Judicial Judgment

Research on Balancing the Conflict Between Law and Public Opinion in Judicial Judgment

The Situation of the Jordanian Legislator from the Interpretation of the Judicial Judgment

Study aims to discuss regulating the provisions of judicial judgments interpretation in Jordanian law regarding the practical necessity in making the ambiguous judgments issued by the court enforceable. As well as the provision in the execution law obliges the chief executive officer to request clarification from the court (issued the judgment) due to its ambiguity, which does not replace the importance of regulating this issue in the Jordanian Code of Civil Procedure. The researcher concluded that the regulation of the provisions of judicial judgments interpretation in Jordanian Civil Code, which is tainted with ambiguity, must include granting the right to request interpretation to the litigants and to the court (issued the judgment). It shall also include provisions of the ruling interpretation and grant the right to the litigants and the court in requesting the interpretation. So that the court shall always be competent to request the interpretation, if it has to comply with the interpretation regulations in order not to abuse the authority in interpreting in a way that makes its judgment subject to appeal. The researcher also discusses the importance of determining the procedures that shall be followed to submit the interpretation request; moreover, the researcher concludes the impact of appealing the original judgment issued by the court.

Scientific uncertainty and the challenges of applying criminal law: Lessons from China's COVID-19 response

This study addresses the complexities of applying criminal law during public health emergencies, particularly under the shadow of scientific uncertainty, and explores the challenge of balancing public health protection with individual rights. The primary aim is to dissect the application of criminal law in the context of the COVID-19 pandemic in China, focusing on the impact of scientific uncertainty on legal decision-making and the efficacy of criminal law interventions in public health crises. This study utilized a doctrinal method combined with case studies, integrating theoretical frameworks on risk and uncertainty with an analysis of China's legal responses to COVID-19. It involved assessing legislative and policy documents alongside judicial decisions, focusing on their alignment with evolving scientific understanding and public health strategies. The study reveals significant hurdles, including the limitations of empirical rules in judicial judgments, the emergence of technocratic bureaucracy, and the complexities surrounding risk mitigation and legal attribution under uncertain conditions. It highlights the inadequacy of traditional criminal law mechanisms to respond dynamically to the evolving landscape of public health emergencies. To address these challenges, the study recommends the development of temporary criminal legislation tailored to public health emergencies, the adoption of risk-based criminal law approaches, and the refinement of individualized risk assessment procedures. These measures aim to provide a more flexible and effective legal framework capable of safeguarding public health while ensuring the protection of individual liberties during crises.

Problems and Effective Countermeasures in Joint and Several Liability of Civil and Commercial Law Based on Deep Learning Assessment

With the rapid development of my country’s socialist market economy, the system of joint and several liability has been established in my country’s civil and commercial law and is playing an increasingly important role. There are also problems such as scattered regulations and contradictory laws and regulations at the level. Since there is no unified application principle established in judicial practice, the litigation burden caused by the recovery lawsuit also wastes a lot of trial resources. Dimensional key features distinguish confusing charges. Use regular expression technology to extract key content such as fact descriptions, defendants’ charges, relevant laws and regulations in legal documents and create JSON format documents; use stammer word segmentation and stop word list to remove stop words; use Word2Vec algorithm to represent text into vector form , establish a judicial judgment prediction model and an optimization model, and through experimental comparison, it is concluded that the performance of the model after adding focal loss is improved by 1.82%, 0.45%, 1.62%, and 1.62% compared with the cross entropy loss, and the final accuracy of the optimized model is 84.78%. , the precision rate is 87%, the recall rate is 85%, and the F1 value is 85%. The system is expected to assist judicial workers in classifying crimes with joint liability and reduce the burden of judicial workers reading many legal documents to classify crimes.

The Responsibilities of Business Actors and The Legal Implications of Minors Purchasing Online Mobile Game Credits

Children’s interactions and lifestyles worldwide have greatly benefited from the expansion of the internet gaming sector. However, the practice of minors purchasing and reselling online game certificates has prompted concerns about the accountability of corporate operators and potential legal repercussions. In the context of minors purchasing online game vouchers, this study investigates the responsibilities of commercial actors and the legal implications. This research methodology uses a normative legal approach to gather data from the literature, relevant judicial judgments, statutes, and regulations. This analysis aims to comprehend corporate actors' accountability, legal ramifications, and parents' function in this type of transaction. The findings demonstrated that business actors who offer online game vouchers have a duty to uphold the legitimacy of transactions. Businesses have a responsibility to make sure that such transactions adhere to ethical and legal standards, even though many laws forbid minors from engaging in transactions without their parent's permission. The legal ramifications of minors purchasing and selling online game vouchers may include possible violations of consumer rights, the protection of personal data, and provisions of contracts that may be void owing to age restrictions. Monitoring and limiting their children's access to these kinds of transactions is a crucial responsibility for parents. Collaboration between commercial actors, the government, and parents is required to maintain the integrity and protection of children in online game voucher purchasing and selling operations.

Beyond Borders: A Global Comparison of Euthanasia Laws

Euthanasia, the planned termination of someone's life to alleviate struggle, continues to be a debatable and ethically complicated problem globally. Within this elaborate internet of perspectives, the worldwide landscape sees the legalization and regulation of euthanasia followed by various countries. This paper explores the difficult panorama of euthanasia laws, evaluating the location of India and international perspectives, as the requests for euthanasia increase internationally due to various medical, socio-emotional, and existential elements. Laws on euthanasia are taken up by nations that allow such practice, despite conditional legalization, including the UK, and existence assist withdrawal is allowed within the United States. Following the Aruna Shanbaug case, India shifted its legal role, supplying conditional acceptance of passive euthanasia. However, lively euthanasia remains to watch for parliamentary dialogue. Addressing requests for euthanasia could want a nuanced method, mixed with individualized palliative care. This paper provides a bridge between India's regulatory framework and global strategies and is enriched with the aid of the complexities of euthanasia legal guidelines. The prison history of euthanasia in India has witnessed profound adjustments through the years, marked by seminal judicial judgments and legislative discussions. At Gift, India has no precise regulation around euthanasia. It is, however, a count number of files that in 2018, the Supreme Court of India gave a landmark judgment mentioning that the idea of 'proper to die' belongs to the domain of fundamental rights below Article 21 of the Constitution. The judgment made active euthanasia criminal, and it laid down tips approximately its implementation, including that which incorporates a dwelling will and which has also made provision for having a medical board involved.

Constitution as recommendation

Can a constitution be treated as a recommendation rather than as binding and entrenched law? I argue that the answer to that question is Yes. With respect to the constitution in gross, that is, the total set of general provisions setting out both the structures of governance and the basic rights the constitution protects, the constitution as recommendation can serve as a focal point for ordinary political contestation which, because it unfolds in real time and is conducted by actors with limited time and energy for such contestation, occurs within (largely) settled institutional forms. With respect to the constitution in detail, that is, brought to ground in judicial judgments in contested cases, the answer is more complicated. Ordinarily treating judicial judgments as recommendations is a prescription for instability (and for that reason inconsistent with the idea of institutional settlement). If the target of such a judgment makes a considered judgment that instability is worth it, the target is raising questions about the continuing value of remaining in the particular polity within which the principle of institutional settlement holds sway.

The Court as a Policy Information Discoverer: Evidence from China’s Emerging Industries

Abstract This paper delves into the pivotal role that courts play in shaping public policy, particularly in the context of burgeoning industries. It shifts the focus from Constitutional and Supreme Courts to the significant, yet often unnoticed, role of local courts. It proposes that these local courts are uniquely positioned to act as discoverers of vital information for public policy, especially critical in the fast-paced arena of emerging industries where policymakers often lack comprehensive information. This study highlights three key mechanisms used by courts to gather policy-relevant information: collection, scanning, and extraction. These methods help reduce political bias, explore policy boundaries, and propose feasible alternatives. The paper illustrates these processes through six cases from the emerging industry sectors in China, adjudicated by local courts. It emphasizes the necessity for policy practices to take into account the nuanced judicial judgments at the micro level.

Judicial Judgment Standard of Generative Artificial Intelligence and Training Data from the Perspective of Fair Use

With the development of generative artificial intelligence, text and data mining has been put into more applications. However, as a technology for collecting and processing a large number of other works, it faces copyright infringement under the current legal system. As a step in the operation of artificial intelligence, text and data mining is to collect and process existing works and information to realize the behavior of knowledge "reproduction", thus promoting the utilization of knowledge and social innovation. Meanwhile, copyright exemption should be provided for its fair use system. The fair use system in the United States can give full play to the autonomy of judges in specific cases and flexibly identify fair use exemptions, while the copyright exception in Europe clarifies that text and data mining activities should be exempted under specific circumstances. Learning from both, China can not only break the closed fair use system, but also build an evaluation system of artificial intelligence infringement and benefit-sharing mechanism, so as to provide scientific norms for fair use and improve the development of artificial intelligence and big data industry in China.

Artificial intelligence in judicial adjudication: Semantic biasness classification and identification in legal judgement (SBCILJ)

History reveals that human societies have suffered in terms of social justice due to cognitive bias. Semantic bias tends to amplify cognitive bias. Therefore, the presence of cognitive biases in extensive historical data can potentially result in unethical and allegedly inhumane predictions since AI systems are trained on this data. The innovation of artificial intelligence and its rapid integration across disciplines has prompted questions regarding the subjectivity of the technology. Current research focuses the semantic bias in legal judgment to increase the legitimacy of training data. By the application of general-purpose Artificial Intelligence (AI) algorithms, we classify and detect the semantics bias that is present in the Chinese Artificial Intelligence and Law (CAIL) dataset. Our findings demonstrate that AI models acquire superior prediction power in the CAIL dataset, which is comprised of hundreds of cases, compared to a structured professional risk assessment tool. To assist legal practitioners during this process, innovative approaches that are based on AI may be implemented inside the legal arena. To accomplish this objective, we suggested a classification model for semantic bias that is related to the classification and identification of semantic biases in legal judgment. Our proposed model legal field uses the example of categorization along with the identification of the CAIL dataset. This will be accomplished by identifying the semantics biases in judicial decisions. We used different types of classifiers such as the Support Vector Machine (SVM), Naïve-Bayes (NB), Multi-Layer Perceptron (MLP), and the K-Nearest Neighbour (KNN) to come across the preferred results. SVM got 96.90 %, NB has 88.80 %, MLP has 86.75 % and KNN achieved 85.66 % accuracy whereas SVM achieved greater accuracy as compared to other models. Additionally, we demonstrate that we were able to get a relatively high classification performance when predicting outcomes based just on the semantic bias categorization in judicial judgments that determine the outcome of the case.

Problem Analysis and Application Research in Legal Judgment Prediction Based on Data Mining

The judgments of some hot cases that exceeded public expectations seem to confirm this. Although the legal certainty is questioned, the judgment remains predictable. The predictability of judgments is a way to enhance judicial authority and maintain judicial credibility. It is also a way to achieve overlapping consensus between the judiciary and the public, provide stable value guidance and behavioral expectations for the public, and promote the generation and development of public rational trust. To enhance public legal trust by improving the predictability of judgments, it is necessary to increase the burden of reasoning for judicial judgments, avoid randomness and contingency, and ensure the adequate provision and substantial disclosure of previous judgment information, so that judgment prediction in the era of big data can truly become possible. The research is to use the optimized particle swarm algorithm as the underlying model to carry out joint modeling and prediction research on the analysis and application of problems in the prediction of legal judgments. According to experimental calculations, the optimized particle swarm algorithm can significantly improve the accuracy and universality of legal judgment prediction. After optimization, the convergence speed is increased by about 5%, and the value of the acceleration factor is more significant.

Assessing the implications of short-term exemption clauses for insurers in Chinese fishery mutual insurance contracts

The exemption clauses in China’s Insurance Law delineate the scope of obligations, performance standards, and certification requirements pertaining to fishery mutual insurance and supplementary coverage. However, the legal validity of time-limited exemption clauses remains contentious in Chinese legal theory, with judicial practice evidencing inconsistent interpretation standards. This paper argues that the application of such clauses enables insurers to potentially restrict or deny liability to some extent, promoting moral hazard and violating public order and good customs. Through analysing current theories and judicial judgments, the paper examines threats and rationale underlying the incorporation of these clauses in fishery mutual insurance policies. It contends that time-limited exemption clauses essentially function as implicit coverage exemptions and should, therefore, be deemed invalid, precluding insurers from refusing claims based on time limits. The paper concludes by recommending insurers fully disclose the liability time restrictions imposed by this clause when formulating contracts to ensure policyholder awareness.

The Spanish Model of Private Prosecution: Identifying Risks and Opportunities Through Empirical Research on Sex Crimes

AbstractThe Spanish criminal justice system encompasses a distinctive model of private prosecution, affording crime victims the opportunity to participate in the judicial process in a different way to other legal systems. While this grants victims certain advantages, it also carries inherent risks, as underscored by legal scholars. The ongoing debate about the advantages and disadvantages of the current configuration of public prosecution in Spain is of significant comparative and international interest. Our contribution to this debate lies in the incorporation of empirical research findings based on data collected from judicial judgments.

The Exploration of the Expansion and Restriction Path of Judicial Application of the Crime of Assisting Information Network Criminal Activities

With the interpretation of the constituent elements of this crime to a certain extent in documents such as "Opinions on Electronic Fraud II" and "Interpretation of the Crime of Helping Trust in 2019"[1], it is hoped that the judicial authorities can better understand the various constituent elements of this crime in judicial practice and correctly apply them to judgments, activating the effective application of this crime in judicial judgments. However, there are still many difficult issues between the judicial practice department and the academic community regarding the inconsistent understanding and views on the constituent elements of this crime. This article aims to optimize the understanding of the various elements of the crime of Assisting Information Network Criminal Activities, explore judicial practice governance strategies and methods for Assisting Information Network Criminal Activities, and propose reasonable inclusion standards for Assisting Information Network Criminal Activities by exploring the application standards in the competition of upstream and downstream crimes of Assisting Information Network Criminal Activities. It actively responds to a series of difficult problems in the current judicial practice of Assisting Information Network Criminal Activities, and provides reasonable suggestions and effective countermeasures for the latest policy research on Assisting Information Network Criminal Activities.

행정구역 획정원리로서의 공유수면 매립지 경계획정 원리에 관한 일고찰

Interest in the reorganization of administrative districts is increasing due to the plan to promote the incorporation of Gimpo-si, Gyeonggi-do into Seoul Special City, triggered by the leader of the ruling party at the time in October 2023. Changes in the metropolitan local governments to which a basic local government belongs may lead to conflicts of interest between metropolitan local governments so it is highly likely that this situation will not be easily resolved depending on the political situation and will ultimately depend on judicial judgment. Under these circumstances, the confirmation of the constitutional discipline related to the delimitation of administrative districts is worth sufficient consideration from a practical aspect beyond simple theoretical interest.
 As part of the basic process for this work, it is meaningful to examine the position of the Constitutional Court on the demarcation of administrative districts for newly reclaimed lands, where multiple decisions were made in the form of competence dispute adjudication, along with the review on the legal system related to administrative district demarcation. In particular, this study reviews the Constitutional Court’s decision[Constitutional Court 2019.4.11. 2015 Heonra 2] which changed the precedent of considering the maritime boundary of public waters as the boundary of the newly reclaimed lands and demands comprehensive consideration of all circumstances based on the principle of equity. Through this study the legitimacy of the Constitutional Court's position of actively considering the purpose of reclamation and the status of the reclamation entity was confirmed, and the issue of jurisdiction over public waters remaining after reclamation and whether acquisition of prescription for the reclaimed land was also reviewed.
 In conclusion, this study can fully accept the Constitutional Court's position of pursuing equity by reviewing all circumstances related to the demarcation of administrative districts for newly reclaimed lands, but it raises some questions about conceptualizing this as a “principle of equity” and confirms that further discussion is necessary.

Safety and Efficacy of Semaglutide Use in Diabetes during Ramadan Fasting: A Real-world Experience from Bangladesh

Aims: The study has been conducted to observe the efficacy and safety of once-weekly subcutaneous semaglutide during Ramadan fasting among patients with type 2 diabetes mellitus (T2DM) from Bangladesh who intended to fast during Ramadan 2022. Methods: This was an open-label, single-center, two-arm parallel-group study. In this prospective observational study, patients were enrolled in two groups depending on treated with or without semaglutide for at least 3 months prior Ramadan. Initially, total 200 patients were enrolled at the first visit (4 weeks before Ramadan); among them, 58 subjects were in the semaglutide group (Group A) and 142 in other than the semaglutide group (Group B). At the end of the second visit (within 4 weeks after Ramadan) after data editing and cleaning, a total of 130 patients (55 subjects in Group A and 75 subjects in Group B) were included in the final statistical analysis. All of them were followed up for a total of 24 weeks including 12 weeks of screening period. The primary objectives were to assess the efficacy and safety of semaglutide in terms of glycosylated hemoglobin (HbA1c) (%), weight loss (kg), hypoglycemia (number of events), and episodes of gastrointestinal (GI) upset (number of events) during Ramadan fasting. Results: Patients in the semaglutide group had better glycemic control after fasting of Ramadan compared to the control group (mean decrease in HbA1c level: 0.61% vs. 0.19%; P < 0.001). In addition, more than 18% of the patients in the semaglutide group achieved good glycemic control (HbA1c <7%), while the rate was 13.3% in the control group. Patients treated with semaglutide achieved a better weight loss than the nonsemaglutide group (2.97 vs. 1.38 kg; P < 0.001). Although there was no significant difference in terms of hypoglycemic events in both the groups (P = 0.13), but the GI symptoms were more common in the semaglutide group than the control group (P < 0.05). Among other secondary endpoints, the serum levels of total cholesterol, low-density lipoprotein, and triglyceride were significantly decreased in the semaglutide group compared to the control group (P < 0.05). Conclusions: Semaglutide showed better efficacy in glycemic control, weight loss, and dyslipidemia compared to other hypoglycemic drugs in patients with T2DM during Ramadan. Although patients receiving semaglutide reported fewer hypoglycemic episodes and GI upset events, they might be subjected to other medications or prolonged fasting. Semaglutide might be considered a suitable therapy during Ramadan fasting based on judicial judgment.

Unfair Competition Regulation of Data Crawling Behavior under the Background of Digital Economy—From the Perspective of Judicial Judgment

Unfair Competition Regulation of Data Crawling Behavior under the Background of Digital Economy—From the Perspective of Judicial Judgment

교수의 자유에 대한 제한과 그 한계

This paper attempted to identify the possibilities and limits of restrictions on the freedom of professor’s lecturing, which is a constitutional right under the Korean Constitution, through a commentary on the Supreme Court's 2014Do3923 decision.
 The core issue of the 2014Do3923 decision commented in this paper is whether the professor's conduct of lecturing by distributing press articles unfavorable to a presidential election candidate as part of the lecture content and method can be considered a violation of the Public Official Election Act, in relation to academic freedom, especially the freedom of professor’s lecturing.
 Among academic freedoms, which are constitutional rights guaranteed under the Korean Constitution, there is little in-depth prior research on the scope or degree of protection, restrictions, and limits on the freedom of professor’s lecturing.
 The significance of the Supreme Court's 2014Do3923 decision is summarized as follows.
 First, this decision is significant as the first Supreme Court’s ruling regarding restrictions on the freedom of professor’s lecturing and its limits. In particular, there were almost no court rulings or decisions of the Constitutional Court that directly address the relationship between the freedom of professor’s lecturing and positive law or deal in depth with the content, possibility of restrictions, and limits of the freedom of professor’s lecturing. In this respect, the Supreme Court's 2014Do3923 decision directly addresses the relationship between the freedom of professor’s lecturing and the Public Official Election Act, and argues in depth the content of the freedom of professor’s lecturing, the possibility of restrictions, and its limits. It can be positioned as the ‘first’ Supreme Court ruling that ‘directly’ addresses the possibility of restrictions, and its limits.
 Second, the legal principles regarding the restrictions on the freedom of professor’s lecturing and their limits presented in this ruling can present theoretically and practically meaningful judicial judgment standards in actual cases related to the freedom of professor’s lecturing in the future.

Study on the Scope of Damage Compensation for Lessee's Preemption Right

The lessee's right of preemption system was established as early as 1999 in the "Contract Law", and in the "Civil Code" also clearly stipulates that the lessee can carry out right relief based on the claim, but there are no detailed provisions on the nature of the right and the relief methods, ways, standards, etc., resulting in many "same case and different sentences" in judicial judgment. As a result, the legitimate rights and interests of the lessee cannot be effectively protected. By combing the theory of tort law and collecting the civil judgment documents related to the damage compensation of lessee's preemption right before and after the implementation of the Civil Code, the empirical research finds that: the lack of a unified definition of the nature of preemption right leads to the court hearing cases with unclear reasoning; In the identification of the nature of compensation liability, there are tort liability, contracting negligence liability, breach of contract liability and so on, so that the basis of the lessee's claim for damages is not clear; In terms of the scope of damage compensation, the court has no uniform standard on whether and what part of the damage compensation requested by the preemption right holder, resulting in a very inconsistent judgment result. Therefore, through the nature of the lessee's preemption right, the nature of compensation liability and the scope of damage compensation, the judicial application suggestions are put forward in order to help standardize the judicial trial results in judicial practice.