Law Enforcement Procedures Research Articles

Innovative strategies and forward thinking on China’s digital maritime law enforcement

In the digital era, the limitations of traditional maritime law enforcement models have become apparent. China actively promotes digital maritime law enforcement and has conducted thorough exploration across policy, technology, and legal domains. The primary legal foundation is the Coast Guard Law, bolstered by policy initiatives like the “21st Century Maritime Silk Road”, the “Maritime Community with a Shared Future” strategy, and the “Technology Empowers the Marine” plan. By coupling law and technology, China’s digital maritime law enforcement has innovatively established a three-dimensional enforcement model of “online + offline” at sea. It utilizes artificial intelligence to assist in maritime law enforcement decision-making, employs big data sharing for collaborative maritime law enforcement, and advances maritime compliance enforcement by digital technology. Through case analysis and effectiveness assessment, China’s digital maritime law enforcement has yielded significant results. Nonetheless, it also encounters various challenges, including data privacy infringement, cybersecurity attacks, the legitimacy of digital evidence collection, and data sharing barriers. Therefore, at the institutional level, standardizing digital maritime law enforcement procedures and establishing both horizontal and vertical coordination mechanisms are imperative. At the technical level, introducing privacy protection technologies and increasing investment in network security technologies are necessary. At the conceptual level, China should adhere to data ethics principles and strengthen awareness of open data sharing. The future of the oceans is digital, and China should advance the modernization of national maritime governance through digital maritime law enforcement.

Relationship between Civilian Injuries Caused during Contact with Law Enforcement and Community-Level Sociodemographic Characteristics.

Civilian injuries caused during contact with law enforcement personnel erode community trust in policing, impact individual well-being, and exacerbate existing health inequities. We assessed the relationship between ZIP code-level rates of civilian injuries caused during legal interventions and community-level sociodemographic characteristics using Illinois hospital data from 2016 to 2022. We developed multivariable Poisson regression models to examine whether legal intervention injury rates differed by race-ethnicity and community economic disadvantage across three geographic regions of Illinois representing different levels of urbanization. Over the study period, 4976 civilian injuries were treated in Illinois hospitals (rate of 5.6 per 100,000 residents). Compared to non-Hispanic white residents, non-Hispanic Black residents demonstrated 5.5-10.5 times higher injury rates across the three geographic regions, and Hispanic-Latino residents demonstrated higher rates in Chicago and suburban Cook County, but lower rates in the rest of the state. In most regions, models showed that as the percent of minority residents in a ZIP code increased, injury rates among non-Hispanic Black and Hispanic-Latino residents decreased. As community economic disadvantage increased at the ZIP code level, civilian injury rates increased. Communities with the highest injury rates involving non-Hispanic white residents were significantly more economically unequal and disadvantaged. While the injury rates were consistently and substantially higher among non-Hispanic Black residents throughout the state, the findings illustrate that the association between overall civilian injuries caused during contact with law enforcement and community sociodemographic characteristics varied across regions. Data on local law enforcement agency policies and procedures are needed to better identify appropriate interventions.

Empowering MSMEs: Unravelling the Essence of Business Law and Brand Protection in Indonesia

In the context of Indonesia, as a country with a very large number of MSMEs, a good understanding of the role of business law and trademark protection is a very important capital to create a conducive and sustainable business climate for MSMEs. Along with a better understanding, it is also expected that there will be an increased awareness of the importance of trademark registration and business law protection for MSMEs in Indonesia. This study explores the complex legal and trademark protection system that Indonesian MSMEs (micro, small, and medium enterprises) have to go through. Business registration procedures, compliance standards, and legal support present barriers that are revealed through normative analysis and further explained through interviews with experts. In addition, there are problems with brand protection procedures, such as difficult law enforcement and protracted brand registration procedures. The results are synthesized into normative solutions that suggest changes to the company's compliance, registration, legal aid, and brand protection systems. If put into practice, these solutions can empower MSMEs, encourage innovation, and boost the Indonesian economy. In addition, it is also important to create mechanisms that make it easier for MSMEs in the trademark registration process. Simple measures such as simplification of registration forms and improved accessibility of information on the registration process can greatly help MSMEs with limited resources and knowledge. These measures, along with the proposed normative solutions, can significantly improve MSME trademark protection, encourage innovation, and strengthen the Indonesian economy.

KAJIAN HUKUM DAN REGULASI TERKAIT SERANGAN HACKING PADA PLATFORM DIGITAL DI INDONESIA

Hacking is a technique carried out by someone (hacker, cracker, intruder, or attacker) to attack a system, network, and application by exploiting weaknesses with the intention of gaining access rights to data and systems. Currently, the development of Information and Communication Technology (ICT) is experiencing very rapid growth. The development of information technology, especially the internet, has provided many positive benefits for its users. However, the use of internet technology also has negative impacts that cannot be ignored. The increase in Cybercrime cases in Indonesia is also caused by the impact of advances in Information Technology. Based on this explanation, the aim of this research is to find out how to study law enforcement procedures for hacking victims on digital platforms and how to ensure that digital platform users are more regulated regarding cyber security. The research method used is a descriptive analytical method. The results and discussion in this research are that handling crime cases in the field of information and electronic transactions is a responsibility that has been established for investigators, especially cyber patrols, to investigate and uncover these crimes. The investigation process has a very important and strategic role in determining the success of criminal law enforcement. The quality of a good investigation greatly determines the possibility of success in the prosecution process and makes it easier to reveal material truths during the trial. In order to prevent cybercrime, it is important for individuals and governments to have a deep understanding of crime patterns in the digital realm as well as current and ongoing internet trends and behavior carried out by perpetrators of these crimes. Keywords : Hacking, cyber, digital platform

Role of Women in Police Organization BY IJISRT

The place of women in police organizations has changed significantly throughout time, breaking down gender stereotypes and changing law enforcement procedures all around the world. Women in law enforcement have a critical role in improving accountability and reducing the number of incidents involving the excessive use of force or other misbehavior. Their varied experiences and viewpoints aid in the creation and execution of more thorough policies, guaranteeing more openness and moral standards. Women in law enforcement are creating good change and serving as an inspiration to the next generation of officers, redefining the landscape of police. This article discusses the many ways that women have impacted police organizations, emphasizing how vital they are to fostering diversity, improving relationships, and advancing organizational success. Also it talks about the contribution of women, challenges face by them in the organization.

Exploring the quantity and type of evidence collected during criminal investigations in South Korea

This article explores the patterns of 11 types of criminal evidence collected by a detective team in real-life 172 volume crime cases that occurred in South Korea. Electronic and paper case files were analyzed to examine the patterns of how much and which type of evidence was collected per case. The results show that, in general, the team collected almost four pieces of evidence per case, and notably, testimonial evidence (e.g., statements) was collected more often than physical evidence (e.g., video recordings, DNA, and fingerprints). Among the physical evidence types, video recording was the most available; victim statement was the most available of testimonial evidence types. Another finding was that more evidence was collected before than after interrogation. Overall, this study provides empirical insights into the current landscape of evidence collection practices in South Korean police investigations, with implications for both law enforcement procedures and academic research on criminal justice systems.

UNMASKING THE IMPACT: ANALYZING THE FACELESS AND NAMELESS APPROACH IN MODERNIZED PHILIPPINE NATIONAL POLICE RECRUITMENT

The influence of the Faceless and Nameless Approach (FNA) on the recruiting process of the Philippine National Police (PNP) is investigated in this study. It seeks to ascertain how FNA lessens nepotism, prejudice, and favoritism; comprehend applicants viewpoints on openness, equity, and communication; measure public perceptions; and assess FNAs long-term sustainability in light of changing recruitment and law enforcement procedures in the Philippines. Through the use of a qualitative methodology and in-depth interviews with candidates, police officers, and members of the public, the research explores subjective experiences. Results show that FNA greatly reduces name- and personal-based prejudices and promotes an impartial, open selection process based on qualifications and merit. Fairness and equity are promoted by FNA, even while unconscious prejudices are not eliminated. Ongoing initiatives including training, open communication, assessments, and a dedication to equity are advised in order to maintain efficacy. To sum up, FNA represents a critical advancement in modernizing recruitment and fostering public confidence in organizations such as the PNP. It maintains the ideals of fairness and impartiality while striking a balance between anonymity and transparency, signaling a major advancement in hiring practices. KEYWORDS: Faceless and Nameless Approach, Philippine National Police, Recruitment Process, Impact Analysis, Modernization

Legal procedure and human rights

The problem of modern law is the well-founded establishment of legal procedures in the field of human rights and their adequate legal regulation. Unreasonable complication of procedures, lack of clarity of their regulation in the law leads to weakening of opportunities for the realization of human rights and negatively affects the legal protection of a person in society. Procedures for the realization of individual human rights in a democratic society can become complex in favor of public safety, ensuring and protecting the rights and freedoms of other citizens. In particular, political rights and freedoms are important for individuals and for society as a whole, require taking into account the interests of various subjects and emphasize the need to coordinate these interests to prevent possible negative political consequences and violations of the rights and freedoms of other citizens. Human rights are directly related to the interests of both an individual and many other subjects. Therefore, there is a need for a comprehensive combination and coordination of various interests, since a different level of legal awareness and responsibility of an individual can cause adverse consequences, harm the rights and freedoms of other citizens. Therefore, human rights require a special implementation mechanism, which includes various types of implementation procedures (initiative, procedural and legal), and even special law-enforcement procedures (state registration procedure, permit-licensing procedure, representative procedure, and others), which increase and help ensure efficiency and the legality of the process of their implementation. Legal procedures for the realization of human rights in a democratic society must meet a number of requirements: be socially justified and comply with the principles of democracy and the supremacy of human rights; be sufficient and understandable for the subject; to be fixed at the level of law and to contain a minimum of restrictive and blanket norms that generate unnecessary by-law rule-making; not to create artificial obstacles to the exercise of rights during implementation; correspond to the content of the rights for which they are established; to be provided legally, organizationally, materially.

Pertanggung Jawaban Perusahaan Pemilik Kapal terhadap Kasus Pencemaran Lingkungan sebagai Akibat Tumpahaan Minyak Muatan Kapal Laut di Indonesia

This academic article aims to analyze the liability of shipowners for cases of environmental pollution resulting from oil spills by ships in Indonesia. Indonesia, as an archipelagic nation with significant maritime traffic, faces serious environmental pollution risks due to oil spills from maritime vessels. This research explores the legal aspects related to the liability of shipowners for environmental damage caused by oil spills in Indonesian waters. The article discusses the legal framework governing the responsibility of ship-owning companies, law enforcement procedures, and compensation responsibilities for environmental losses. Additionally, the research analyzes common issues that arise in oil spill cases, including difficulties in measuring environmental impacts, as well as the economic and social losses resulting from pollution. This analysis considers how existing legal regulations in Indonesia govern the liability of ship-owning companies in cases of environmental pollution, as well as the effectiveness of law enforcement in practice. The research also evaluates the challenges in handling oil spill cases and identifies efforts that can be improved to reduce negative impacts on the environment and society. The research findings indicate the need for improvements in the implementation and understanding of legal aspects related to shipowners' liability for oil spills in Indonesia. This article contributes to a deeper understanding of the legal framework governing the responsibility of ship-owning companies in cases of environmental pollution and encourages improvements in regulations and more sustainable industry practices in addressing environmental pollution issues caused by oil spills.

Soft rulemaking through multi-level administrative practice: replicating the aesthetics of law

ABSTRACT The complexity and the dynamic evolution of global finance require forms of transnational regulation that do not rely solely on traditional lawmaking and call for the participation of actors at multiple levels. One of the examples of these forms is regulation through legally non-binding guidelines and recommendations produced by the European Supervisory Authorities and enforced by national authorities. Even if these soft law acts cannot be considered as law in the traditional sense, their real impact is very much law-like. The only distinction from traditional legal acts seems to be the non-mandatory wording and the lack of direct enforceability or judicial control. Otherwise, these acts replicate the aesthetics of law. This article argues that the entire transnational administrative practice, which consists of soft rulemaking and the effective enforcement of such rules, is powerful because it successfully mimics law-making and law enforcement procedures.

Law Enforcement Procedures for Police Members Involved in Drugs Abuse in the Polda Bengkulu

The aims of this study are: To analyze law enforcement procedures for members of the police who are involved in drug abuse. As well as a review of fiqh siyasa on law enforcement procedures for members of the police who are involved in drug abuse. This study is based on the fact that there are still members of the police who commit criminal acts of drug abuse. This type of research is qualitative-empirical research by examining documentation and interviewing informants. This study concludes that: (1) Law Enforcement Procedures for members of the Police in enforcing the law against members of the Police who commit or abuse drugs in the field of service, enforcement of discipline, order and internal security have been going well, the implementation of law enforcement has been carried out but not yet optimal, marked by the fact that there is still drug abuse by police officers, while efforts to prevent drug abuse by members of the police are carried out by carrying out activities related to religion, increasing supervision in terms of the discipline of members of the police, and applying strict sanctions against persons who abuse drugs. (2) In the review of fiqh siyasa syar'iyah, the efforts of the police in taking action against members who are involved in drug abuse are in accordance with Islamic values, namely imposing disciplinary punishment and trial on the police code of ethics, which aims to bring benefits to members of the police, the National Police institution and society and prevent harm that will occur.

Examining the international bushmeat traffic in Belgium: A threat to conservation and public health

The carriage of bushmeat into the European Union is an infringement of EU Animal Health and Wildlife Trade legislation and poses a threat to biodiversity and public health. To explore the nature and scale of the international bushmeat trade, seized leaking luggage and passengers arriving at Brussels Zaventem airport from sub-Saharan Africa between 2017 and 2018 were searched for “meat” (bushmeat and livestock) by border control authorities. Visual identification, radiography and genetic analysis were applied to derive information from seized specimens, including at least ten CITES-listed species. We estimate that an average of 3.9 t of bushmeat is smuggled monthly through Brussels. The average consignment of meat seized per passenger was 2.8 kg and 4 kg of bushmeat or domestic livestock meat, respectively. The international trafficking of bushmeat is evidently active, yet penalties are rarely enforced; hence we provide suggestions to simplify law enforcement procedures.

Understanding indirect users' privacy concerns in mobile forensics — A mixed method conjoint approach

IntroductionThe advent of mobile forensics toolkits introduces a technological leverage that allows legal authorities to access information stored on mobile devices, thus shining a new light on law enforcement procedures. These pocket-sized devices, mobile phones, accumulate a plethora of user data, effectively becoming a beacon for individual identification. However, the prospect of exploring this data within a criminal inquiry raises palpable concerns about potential privacy encroachments. Consequently, there exists an urgent need to balance the instrumental value of these technologies with their potential to intrude upon privacy, ensuring a framework that remains legally and ethically sound.MethodsIn our study, we offer a contemplative view on the public reception of such measures, informed by interviews and a conjoint study conducted across two representative cohorts from Germany and Austria (n = 2040).ResultsOur analysis indicates a marked preference for the release of geo-spatial data over more personal content, such as photographs. Additionally, respondents showed a higher acceptance for automated analysis in comparison to human manual evaluation. The divergence between the two countries was negligible.DiscussionIn summary, despite the inherent concerns, the use of these mobile forensics tools demonstrated a high degree of public acceptance. The results highlight the significance of aligning legislation based on data types rather than analysis purposes, which can enhance the general public's comprehension of laws and potentially contribute to societal advancement. Furthermore, the research emphasizes the importance of ethical evaluations and transparent communication in the implementation of automated mobile forensics systems for civil security purposes, effectively addressing concerns regarding privacy infringement and data analysis.

The Human Right to a Fair Trial in Competition Law Enforcement Procedures: A Rising Issue in Indonesian Experiences

The Indonesian Competition Supervisory Commission (ICSC) has the authority to investigate, prosecute, adjudicate, decide, and impose sanctions on business actors for violating Indonesian competition law. It also has the authority to establish procedural laws for the competition law enforcement procedures within its institution. This single role raises various issues in the current context, including the right to a fair trial and checks and balances. This article seeks to define the position of human rights, particularly the right to a fair trial, in competition law enforcement procedures. The result is that competition law enforcement procedures are subordinate to human rights, so they must be exercised in compliance with human rights standards, particularly the right to a fair trial. Based on the experience in Indonesia, this study finds that the ICSC’s single role is incompatible with human rights commitments in fair competition law enforcement procedures. As an alternative solution, this article encourages a modification and adjustment based on human rights commitments and checks and balances mechanism by limiting one of the ICSC’s authorities and broadening the interference of the Supreme Court in enforcing Indonesian competition law at the ICSC level.

The criminal law and immigration law rules for detained persons, with particular regard to defendants with third-country citizenship

Aim: Since there are no specific provisions on governing detention (and its execution and termination), the consistency of criminal procedure law and immigration law rules cannot be established in many cases. This is especially true for third-country nationals. The aim of the study is to examine the extent to which the current legal regulation complies with European standards and to what extent it answers the questions raised based on a practical legal case.Methodology: The study examines the practical problems of criminal and immigration law enforcement procedures through the presentation of a legal case. After the presentation of the legal case, it reviews the directives formulated in the European Union legislation, and then draws conclusions from them, mainly (due to the nature of the topic) by comparing the positions of the Hungarian literature.Findings: As a result of the research, it can be concluded that certain issues cannot be resolved under the current domestic regulations, because they either conflict with the rules of criminal procedure (or the Fundamental Law) or do not comply with the provisions of the immigration law.Value: The study de lege ferenda intends to provide answers to a number of questions that arise, including how to resolve the appropriate communication between the criminal procedural and immigration enforcement agencies, and whether the state's interest in enforcing the criminal law claim or fulfilling the deportation obligation enjoys primacy.

Ashley Judd to Speak at APA Annual Meeting

Back to table of contents Previous article Next article Annual MeetingFull AccessAshley Judd to Speak at APA Annual MeetingKatie O'ConnorKatie O'ConnorSearch for more papers by this authorPublished Online:25 Feb 2023https://doi.org/10.1176/appi.pn.2023.03.3.66AbstractGolden Globe winner and Emmy-nominated actress Ashley Judd has long been a devoted activist and humanitarian, championing women’s rights and public health issues. She has also written about the need to ensure privacy for families following the death of a loved one to suicide.Actor and mental health advocate Ashley Judd is the keynote speaker at the Opening Session of APA’s 2023 Annual Meeting. The Opening Session will be held Saturday, May 20, at 5:30 p.m. in the Moscone Center.Known for her roles in “De-Lovely,” “Ruby in Paradise,” and “Double Jeopardy,” actress, writer, and humanitarian Ashley Judd, M.P.A., will be a plenary speaker at the 2023 APA Annual Meeting in San Francisco.Judd has also gained worldwide acclaim as an avid advocate of human rights, with a focus on gender equality and public health. Since 2004 she has worked with numerous NGOs and traveled the world in support of public health efforts related to maternal health, child survival, HIV prevention, and malaria prevention and treatment.She currently serves as a Global Goodwill Ambassador for the United Nations (UN) Population Fund, the UN’s sexual and reproductive health agency. She is also the chair of the Women’s Media Center Speech Project: Curbing Abuse, Expanding Freedom; a Global Ambassador for both Population Services International and Polaris Project; and a member of the leadership council of the International Center for Research on Women.Judd earned her master’s degree from Harvard’s Kennedy School of Government. In 2017, she was the recipient of the Muhammad Ali Kentucky Humanitarian Award. Her undergraduate alma mater, the University of Kentucky, established the Ashley T. Judd Distinguished Graduate Fellowship in the Office for Policy Studies on Violence Against Women.She was also featured on the cover of TIME Magazine’s 2017 Person of the Year issue, which honored the thousands of individuals across the world who spoke out about their experiences of sexual harassment and assault, dubbed “The Silence Breakers.”Judd has written about her family experiences with mental illness. In August 2022, she penned a guest essay in the New York Times about her family’s effort to keep police reports related to the suicide of her mother, Naomi Judd, private. Naomi Judd was a well-respected musician who dealt with mental illness for much of her life.Tennessee law allows police reports from closed investigations, including family interviews, to be made public. “Naomi lost a long battle against an unrelenting foe that in the end was too powerful to be defeated,” Ashley Judd wrote. “I could not help her. I can, however, do something about how she is remembered.”She wrote that she intends to make the invasion of privacy following an individual’s death by suicide “a personal as well as a legal cause.” She also called for a reformation of law enforcement procedures related to such cases. “Though I acknowledge the need for law enforcement to investigate a sudden violent death by suicide, there is absolutely no compelling public interest in the case of my mother to justify releasing the videos, images, and family interviews that were done in the course of that investigation.”Last August, Naomi Judd’s family filed for injunctive relief in Williamson County, Tenn., to keep the police records related to her death private. Last December, the Associated Press reported that the family had filed a notice to voluntarily dismiss the lawsuit, due in part to the fact that journalists who requested the police records were not requesting photographs or body cam footage. The notice also said a Tennessee state lawmaker is introducing legislation to make death investigation records private when the death is not the result of a crime.“I hope that leaders in Washington and in state capitals will provide some basic protections for those involved in the police response to mental health emergencies,” Ashley Judd wrote in her essay, adding that her mother “should be remembered for how she lived, which was with goofy humor, glory onstage, and unfailing kindness off it—not for the private details of how she suffered when she died.” ■ ISSUES NewArchived

The place and significance of the judicial system in the law enforcement policy of the state

The article examines the question of the place and importance of the court in law enforcement policy due to the lack of a unified approach to this issue in modern legal literature. It is noted that this leads to ignoring the true essence of the judicial system and its importance in the development of an effective law enforcement policy of the modern state. At the same time, one can criticize the fact that courts and judicial bodies do not belong to the law enforcement system of Ukraine and it is not possible to talk about any law enforcement policy of the judicial system. That is why appropriate explanations about the meaning of the court in modern conditions, based on the realities of our future (post-war) life, and in the conditions of military confrontation, are necessary. That is why the purpose of the article is to determine the place and clarify the role played by the court in law enforcement policy in Ukraine. It is established that the court as a body of judicial power performs a law enforcement function through the relevant powers to implement the function of legal protection established by normative legal acts. Examples of the participation of the judicial system in the formation of law enforcement policy of the state are considered. It is concluded that the implementation of the legal positions of the Supreme Court, as well as the activity of the Constitutional Court of Ukraine in recognizing unconstitutional norms of law, allow to ensure the protection of citizens’ rights by the state through the judicial system. In addition, in accordance with part 6 of art. 13 of the Law of Ukraine «On the Judiciary and the Status of Judges», conclusions regarding the application of legal norms set forth in the Supreme Court’s rulings are taken into account by other courts when applying these legal norms. In our opinion, these are all elements of law enforcement policy on the part of the judicial system, which is implemented in legal positions on the interpretation of legal norms, which allow protection of the rights and freedoms of people and legal entities. These areas of activity of judicial bodies as a whole affect law enforcement policy, both directly within the scope of their activities and through interaction with other law enforcement bodies (National Police, Prosecutor's Office, Customs, persons and bodies that execute court decisions, etc.) on the republican and international level levels, which allows to coordinate and improve law enforcement procedures, to produce the most effective means of protection and protection of the rights and freedoms of citizens.

Law Enforcement Procedure Against the Third Liner Stock Pompom Phenomenon as a Legal Protection Effort for Retail Investors

Tren investasi justru mengalami peningkatan saat kondisi ekonomi menurun akibat pandemi Covid-19. Kenaikan jumlah investor ritel secara signifikan ternyata tidak dibarengi dengan kemampuan analisis dan faktor psikologi yang memadahi, sehingga hal itu menjadi celah yang dimanfaatkan oleh pelaku fenomena pompom saham untuk melakukan aksinya yaitu memberikan kepada para investor ritel agar membeli saham yang telah dipastikannya. Oleh karena itu, tujuan dari penulisan ini adalah untuk mengetahui regulasi pasar modal saat ini serta upaya untuk mencegah dan memberantas fenomena pompom saham yang semakin merebak. Metode penelitian yang digunakan adalah metode penelitian hukum yuridis normatif dengan menelaah Undang-Undang Nomor 8 Tahun 1995 tentang Pasar Modal. Hasil yang diperoleh dari penelitian ini bahwa Undang-Undang Nomor 8 Tahun 1995 tentang Pasar Modal tidak diatur secara eksplisit keberadaan pompom saham, namun secara implisit fenomena pompom masuk ke dalam pengaturan pada Bab XI Undang-Undang Nomor 8 Tahun 1995 tentang Pasar Modal yang mengatur mengenai bagaimana saham pasar, dan perdagangan orang dalam, yang secara spesifik diatur pada Pasa;90 ayat (3). Kemudian, diperlukan upaya untuk melakukan perubahan terhadap UUPM terkait dengan pengaturan sanksi pidana dan administratif melalui pendekatansistem double track sebagai penyesuaian dengan perkembangan zaman serta optimalisasi kelembagaan di pasar modal.

Human Rights Protection in the Surrender of Fugitive Offenders between Mainland China, Hong Kong and Macau

Abstract Regarding the construction of the surrender agreements between Mainland China, Hong Kong and Macau, there has been ongoing consideration and debate on the basic principles and rules. Human rights protection in the surrender of fugitive offenders between Mainland China, Hong Kong and Macau is as important as that in traditional extraditions. But the rights need to be protected in a sophisticated, interactive, and constructive way under the ‘one country, two systems’ regime. This article compares the extradition and surrender systems, concluding that Mainland China, Hong Kong and Macau should take human rights protection into serious consideration, while complying with the obligation to protect the common interest of the whole country and to promote human rights development in China. The combined obligations require that the requested region play a more responsible, involved and proactive role in surrender-related human rights issues. The European Arrest Warrant experience can offer some inspiration for this. But more tailored measures should be developed in the legal context of Mainland China, Hong Kong and Macau. The article identifies several specific human rights that should be protected in the surrender procedure. Some traditional extradition principles as well as human rights provisions have already been used to protect these rights. Human rights protections are contained in Chinese legislation, but more attention should be paid to law enforcement procedures in relation to the surrender of fugitive offenders. This article suggests that evaluation, assurance, monitoring, and reporting mechanisms should be applied, and the main role should be delegated to judicial authorities under the principle of mutual trust. This article also suggests that the procedural rights of the requested individuals in the requested region should be protected.

Religion – a Significant Factor in Law-Making and Law Enforcement Processes

The relevance of this study is conditioned upon the fact that scientific papers have almost no attempts to theoretically develop the correlation between religion and law. Legal scholars ignore the forms of influence of religion on law-making and law enforcement activities. Available research in this area is often fragmentary. The purpose of this study was to prove the relationship between religion and law based on modern legal understanding of the main principles, to clarify the role of religion in the legal sphere. The philosophical and methodological framework of this study involved the principle of pluralism in the choice of methodological approaches, methods, and techniques because they form the foundation of the scientific and cognitive process, ensure unity and purposefulness in the study of common features of religion and law in the law-making and law enforcement procedure, such as ritualism, tradition, authority, and universality. It is argued that in modern society, religious values, albeit losing their former meaning of the”sacred image” of the world, and even if Christian principles do not have a direct impact on the legal system, still play a considerable role in legal life because European legal culture was created under the influence of Christianity, a Christian view of the world. Modern European legal systems operate in a social system that has absorbed Christian religious values. This study is aimed at further development of the general theory of law, expanding the knowledge about the correlation between religion and law in the system of social regulation, improvement of legislation. The results obtained can be used in the field of law-making and law enforcement, for the preparation of textbooks, manuals, for lawyers, philosophers, sociologists, and all those who are not indifferent to the development of legal awareness.