Violation Of Law Research Articles

Media coverage of domestic violence-related issues in China

Domestic violence-related issues in China have attracted extensive attention since the Anti-Domestic Violence Law was implemented in 2016. This project builds on framing theory, the law and social movements perspective, and a discussion of ethnocentrism to address how the Chinese state-owned (English-language) and British privately-owned media represented domestic violence-related issues in China from 2016 to 2022. The findings of this research demonstrated that China Daily passively participated the simultaneous process of media campaign and legal tactic, referenced legal actors’ ideas on initiating top-down legal reform to close legal loopholes and improve the effectiveness of law enforcement, and educated the public to remove outdated traditional ideas. The Chinese media coverage on domestic violence-related issues can be characterized as taking a responsive approach, as they largely reference elite legal actors’ discourse on pragmatic solutions for domestic violence. Conversely, the British media broadened the discussion of domestic violence-related issues in China to critique socialist values and the Communist party (government). The Guardian and The Economist emphasized the importance of bottom-up feminist movements and individual activists’ contributions in ending domestic violence. The ethnocentrism of the British publications resulted in their overlooking Chinese law and social movements in the context of domestic violence.

Enforcement Of Administrative Immigration Laws Legal Study On Immigration Laws Towards Foreign Citizens In Indonesia (Analysis Of Deportation Cases)

The deportation of foreigners for committed violations is considered as the last resort taken by the state to address foreign nationals who are believed to disrupt public order, endanger public safety, or refuse to comply with applicable laws and regulations. The research problem formulation is how the implementation of deportation according to Immigration Law Number 6 of 2011 and the analysis of the case. The research method applies a normative juridical method with a conceptual approach. The results of this study indicate that the implementation of deportation as a response to immigration law violations is regulated in Law Number 6 of 2011. This is a law enforcement measure to expel foreign nationals who have violated the law, as an effort to maintain state sovereignty.

Barriers and future improvements of workplace-based learning in Korean medicine clinical clerkship: perspectives of graduates

BackgroundWorkplace-based learning (WPBL) has emerged as an essential practice in healthcare education. However, WPBL is rarely implemented in Korean medicine (KM) due to the passive attitude of teachers and possible violation of medical laws that limit the participation of trainees in medical treatment. In this study, we implemented WPBL in the clinical clerkship of Acupuncture and Moxibustion Medicine at a single College of KM and explored the barriers and future improvements of WPBL.MethodsThe WPBL was implemented from January to July 2019. During the clerkship, each senior student was assigned an inpatient at the university hospital. WPBL was conducted as follows: patient presentation by the supervisor, interaction with the patient at the bedside, preparation of medical records, oral case presentation, and discussion with feedback. The student performed a physical examination and review of systems as a clinical task. In addition, six doctors of KM who are currently practicing after three years of WPBL were interviewed in September 2022 to investigate the real-world effects and unmet needs of WPBL in their workplaces.ResultsTwo major themes identified from the interview were: “the experience of novice doctors of KM with KM practice” and “Current state of KM clinical education.” The five subcategories were: “Clinical competency priorities vary according to the KM workplace,” “Difficulties faced by doctors of KM immediately after graduation,” “WPBL experience of the interviewees,” “Necessary but difficult to implement real patient learning,” and “Unmet needs for clinical clerkship in KM.”ConclusionIt is essential to consider the unique characteristics of KM practice and the duties required in various workplaces for successful WPBL. We anticipate our study to be a starting point for improving the WPBL and addressing the unmet needs in KM clinical education.

Signs of how the Sydney Declaration article is received in the forensic science literature

The Sydney Declaration is an initiative led by an informal group of forensic scientists with diverse backgrounds. It offers a vision of forensic science based on the trace, as a vestige of a past event related to security or a possible law violation. An article published in Forensic Science International (FSI) introduces to this view [1]. Our investigation delves into how the forensic science literature has received this article (the SD article), nearly two years after its publication. One of the main challenges of this exploratory study was to define the appropriate scope of forensic scientific literature, within which the SD article must be located. In general, the publishing domain is quickly evolving, with many competing players, while still being structured around standard academic disciplines. The forensic literature, meanwhile, is scattered and poorly connected. This reflects the fragmentation of practice and research in forensic science, and the difficulty of situating a scientific activity in such a way as to bring out its forensic substance. Nonetheless, the SD article fills a gap. By deciphering the critical concept of trace, it highlights how pivotal forensic science is in addressing societal challenges. Scholarly literature expresses clear quantitative interest in the SD article. It has received significant qualitative citations on multiple levels and dimensions, in a highly relevant manner and in accordance with its aim of providing a forensic foundation for various debates that have been conducted separately, notably over the last fifteen years.

Prehospital Care for Persons Experiencing Homelessness: A Cross-Sectional Survey of the Challenges, Experiences, and Perspectives of Operational EMS Agency Medical Directors

Objective Persons experiencing homelessness (PEH) are among the most vulnerable populations and experience significant health disparities. Nationally, PEH utilize Emergency Medical Services (EMS) at disproportionately higher rates than their housed peers. Developing optimal strategies to care for PEH has become critically important. However, limited data exists on best practices, challenges, and experiences of providing care to PEH. The objective of this study was to describe the experiences, challenges and perspectives of operational EMS agency medical directors in Los Angeles (LA) County as they confront the homelessness crisis. Methods We performed a cross-sectional survey of 9-1-1 operational EMS agency medical directors in LA County, which has one of the largest populations of PEH nationally. Twenty-nine 9-1-1 operational EMS agencies operate in LA County. The link to an anonymous, web-based survey examining documentation, training, resources, operational impact, and care challenges was emailed to medical directors with three reminders during the study period (4/19/2023-9/15/2023). Results Three quarters (75.9%; 22/29) of operational EMS agencies responded to the survey, with all questions answered in 69% (20/29) of surveys. Of these, 68.2% (15/22) of agencies document housing status and 75% (15/20) agreed or strongly agreed that homelessness presents operational challenges. No operational EMS agency reported adequate EMS clinician training on homelessness. Operational EMS agencies most commonly utilized domestic violence resources (43%, 9/21), social services (38%, 8/21), and law enforcement (38%, 8/21) services to assist PEH. Referrals were limited by accessibility (86%, 18/21), time (52%, 11/21), lack of awareness (52% 11/21) and lack of mandates (52%, 11/21). All operational EMS agencies agreed or strongly agreed that mental health and substance use disorders are major issues for PEH. The most common daily challenges reported were mental health (55%, 11/20), substance use (55%, 11/20), and patient resistance (35%, 7/20). Conclusion In LA County, EMS agencies experience important operational and clinical challenges in caring for PEH, with limited resources, minimal training, and high rates of substance use disorders and mental health comorbidities. Further prehospital research is essential to standardize documentation of housing status, to identify areas for intervention, increase linkage to services, and define best practices.

Optional but not qualified: Neutrality, the UN Charter and humanitarian objectives

Abstract Neutral States must abstain from supporting a party to a conflict with military equipment and assistance. This core aspect of the law of neutrality has not changed with the adoption of the UN Charter in 1945, or with the brutal Russian aggression against Ukraine. That said, by reviewing the changes to neutrality law over time, this article finds plausible reasons to believe that neutrality has – for better or worse – become optional for the vast majority of States, which can today opt to be non-belligerent States – i.e., States that are neither neutral nor parties to the armed conflict. All States have to cooperate to bring to an end serious violations of international law, including humanitarian law, and this duty of cooperation has abolished “sitting-still neutrality”, but it does not render neutrality law moot. This reading of “optional but not qualified” neutrality maintains the core neutrality idea of abstaining in military matters. In this article, I argue that views of “obsolete” or “qualified” neutrality are not new at all but depart from well-accepted rules of legal interpretation and raise concerns about double standards. Viewing neutrality as optional but unqualifiable offers greater conceptual clarity, is more honest than alternative views, and comes with advantages for humanitarian action.

Beyond retribution: Individual reparations for IHL violations as peace facilitators

Abstract Three decades after the United Nations Security Council invoked its Chapter VII powers to create the ad hoc criminal tribunals, there can be little doubt that the prosecution of individuals responsible for serious violations of international humanitarian law (IHL) contributes to restoring and maintaining peace. While there is little doubt that the reparatory function of justice is just as crucial as retribution, under international law today, reparations for IHL violations remain harrowingly insufficient or borderline non-existent. In scholarship and strategic litigation, various attempts have been made to distil an individual right to reparations from black-letter IHL. This article argues that such approaches are doomed to fail, as procedural aspects of international obligations rarely, if ever, emerge through the evolution of an existing customary international obligation, let alone via the crystallization of a new customary international norm. They are usually triggered by a political shift that makes States adopt novel regulations setting forth the jurisdictional ramifications of enforcing a pre-existing right or obligation. This article thus advances a two-fold argument. First, it asserts that States’ increased compliance with the obligation to provide compensation for violations of IHL attributable to them would contribute to “the restoration and maintenance of peace” just as much as the prosecution of persons responsible for serious violations thereof. Second, it argues that the individual right to claim reparations for IHL violations can only be established through a political decision of States, and that the establishment of an international mechanism for Ukraine might be an important precedent for the evolution of the current international system.

A proposed dietary policy package for the health sector in Iran

BackgroundInsufficient physical inactivity and an unhealthy diet are significant health risk factors globally. Dietary risk factors were responsible for approximately 16.5% of all deaths in Iran in 2019. This paper aimed to propose a dietary policy package for the health sector to reduce the risk of an unhealthy diet, which might effectively help prevent and control non-communicable diseases (NCDs) in Iran.MethodsIn this qualitative study, we conducted semi-structured, face-to-face, and in-depth interviews with 30 purposefully selected experts, including policymakers, high-level managers, and relevant stakeholders, during 2018–2019 in Iran. All interviews were digitally recorded, transcribed verbatim, and thematically analyzed, facilitated by MAXQDA 11 software.ResultsWe developed several dietary recommendations for different stakeholders. These include traffic light labeling reforms, i.e., the need to make the signs large and readable enough through utilizing advanced technology, cooperation with other sectors, promoting healthy symbols and supporting food products with them, food basket reforms, updating dietary standards, adopting appropriate mechanisms to report violations of harmful products laws, scaling up mechanisms to monitor restaurants and processed foods, and creating an environment for ranking restaurants and other relevant places to support a healthy diet, for instance through tax exemption, extra subsidies for healthy products, Non-Government Organizations (NGOs) alliances, and using influential figures.ConclusionIran’s health sector has developed a practical roadmap for the prevention and control of NCDs through promoting healthy nutrition. In line with the sustainable development goal (SDG) 3.4 pathway to reduce premature mortality due to NCDs by 30% by 2030 in Iran, we advocate for the Ministry of Health and Medical Education (MoHME) to adopt appropriate evidence-informed interventions for improving public health literacy and reducing consumption of unhealthy food.

Narodowy Fundusz Zdrowia jako sprawca szkody antymonopolowej

Both in the European Union law and in the Polish national order, there is a comprehensive model of competition protection law enforcement, which includes: public and private competition rules enforcement. Private enforcement is carried out individually by entities aggrieved by the unlawful conduct of other entities by submitting a lawsuit under the Act on Claims for Compensation for Damage Caused by Violation of Competition Law. In compensation proceedings, it is necessary to identify the perpetrator of the antitrust damage. The concept of the perpetrator of antimonopoly damage also covers entities that organize or provide services of general interest without carrying out economic activity. The content of the publication, on the basis of legal regulations, available literature and judicates, is an attempt to answer the questions whether the National Health Fund, as a public entity not oriented towards making a profit, may be qualified as an entrepreneur who is the perpetrator of anti-monopoly damage and is obliged to repair it, and whether a civil court in the compensation proceedings may not qualify the National Health Fund as an entrepreneur that may be the perpetrator of antitrust damage?

Penegakan Hukum terhadap Pelaku Tindak Pidana Penambangan Pasir Secara Illegal

Mining is a natural resource that cannot be renewed so it must be managed as well as possible, efficiently and transparently and paying attention to the environmental impacts resulting from mining activities. The rampant illegal sand mining that occurs in Batam, Indonesia can certainly cause environmental damage. The aim of this research is to determine and analyze the regulation and law enforcement against perpetrators of illegal sand mining crimes. The research method used in this research is descriptive-analytic with a juridical-normative type of research. The results of research on regulations regarding perpetrators of illegal sand mining crimes are regulated in Article 158 which reads "every person who carries out mining without a permit as intended in article 35 shall be punished with a maximum imprisonment of 5 (five) years and a maximum fine of IDR 100,000,000,000 .00 (one hundred billion rupiah)”. Law enforcement against perpetrators of criminal acts of illegal sand mining, namely being sentenced by the Batam District Court with Batam District Court Decision No. 515/Pid.Sus/2022/PN Btm is the sentence imposed by the panel of judges including imprisonment for 1 year and 3 months for each defendant, as well as a fine of IDR 500,000,000.00. The conclusion is that law enforcement is running well and shows the court's seriousness in dealing with violations of mining and environmental protection laws. Additional punishment in the form of imprisonment if the fine is not paid, emphasizes that compliance with the law is non-negotiable.

Prohibition of Civilians Transfer Under International Humanitarian Law and Its Relation to Genocide

Forcible transfers or forced displacements due to an international or non-international war often happen and cause suffering to those who become displaced by loss of their homes and livelihoods and survival resources. As an example of the current situation, there are many civilians from Gaza, especially Palestinians, who have had to leave their homes and have to seek shelter. Alarmingly, some of them have fled to refugee camps that have been housing Palestinian refugees since the 1948 and 1967 conflicts with limited conditions. While, it is commonly known that evacuation should only be temporary. This fact invites us to discuss and answer the following questions: 1) How is the rule of international humanitarian law or the law of war regarding the transfer of population and civilians in time of war?; 2) How could the displacement of civil population and civilian in time of war amount to genocide or ethnic cleansing?; and 3) How is the law enforcement against the violations of international humanitarian law on the transfer of civilian population? It is expected that the answers of these questions could be a reference to comment any news of displacement due to armed conflict. To answer these questions, normative research is conducted by literature study for collecting secondary data from international treaties and other sources of international law such as customary international law, court rulings, expert opinions and information or news from the field, including the implementation of international law in Indonesian national legislation. Analysis of data for taking conclusion is carried out qualitatively, and the reporting is made in an explanatory descriptive manner. The results showed that the international humanitarian law system has contained sufficient rules containing certain prohibitions and obligations for parties to the conflict. There are several prohibitions against deportation and forcible transfer of population. There are several obligations to prevent the forcible transfer or forced displacement of population. There are several obligations to strive for the safety and fulfillment of basic needs of civilians in the event of evacuation and to ensure that the displaced civilians can immediately return to their places of origin. In circumstances, acts that cause forcible transfers or forced displaced civilians might be categorized as war crimes, crimes against humanity and/or genocide. Concerning the violations of the international humanitarian law relating the forcible transfer of civilian population due to war, the state is obliged to carry out the law enforcement against the persons involved who are under its jurisdiction. In addition, no State shall be allowed to absolve itself of any liability incurred by itself in respect of breaches referred to the rules discussed

From silence to vigilance: overcoming barriers in public reporting of bid-rigging and cartel violations

Abstract There are several ways to collect information on violations of antitrust laws, including ex officio detection, reports from the general public, and the use of leniency systems. There have been many discussions on improvements in the use of leniency systems and refining the ex officio detection method by improving the use of data by methods of analysis. However, improvements in public reporting have not often been considered. In this study, we confirm that 68.8 per cent of the general public provides information on bid-rigging and 49.6 per cent of the general public provides information on cartels, and that the reason for not providing information is the unlikelihood of success, which means a sense of powerlessness against powerful companies, followed by a feeling of lack of responsibility. Therefore, addressing that perception is the key to increasing information from the general public.

Collateral Consequences: The Effects of Justice Processing for Violations of Drug Laws in New York City

Collateral Consequences: The Effects of Justice Processing for Violations of Drug Laws in New York City

ON SOME APPROACHES TO REGULATING DIGITAL ECOSYSTEMS

The dichotomy of development and regulation of digital ecosystems has attracted the attention of many theorists and practitioners over the past 10 years. The emergence and poorly regulated development of electronic platforms and ecosystems contributed to the formation of a new business model that did not fit into the coordinates of the legal institutions of the functioning of the traditional economy. In the process of their expansion, digital platforms have demonstrated a number of advantages over traditional business models, while simultaneously increasing their fundamental disadvantages. The article reveals the causes of the emergence and rapid development of digital ecosystems, the phenomenon of ecosystem's dependence. The pros and cons of ecosystem's functioning, the formation of their monopolistic essence, the violation of fundamental market laws, and the factors of their destructive influence on the modern economy, society, and consumers are analyzed. The main directions of activity of national regulators in the USA, the EU, and Russia are presented.

Revitalizing Justice in Fiqh: Revisiting Non-Retroactive Principles to Address Sexual Violence

Handling sexual violence cases requires a holistic, human rights-based approach, encompassing prevention, protection, law enforcement, recovery, and ensuring victims' access to justice. Islam advocates equality for all, but its implementation is constrained by the improper handling of many sexual violence cases due to the non-retroactive Sexual Violence Law. This paper proposes the urgency of upholding the principle of retroactivity in criminal law and Fiqh Jinayah to build an anti-sexual violence construction based on justice and equality. This normative juridical research employs conceptual, statutory, philosophical, and historical approaches. This approach provides an in-depth understanding of the concept of justice in the handling of sexual violence, according to Sharia. This study uses the Islamic legal literature and comparative legal studies to examine the urgency of upholding the retroactive principle in criminal law and Fiqh Jinayah. This study confirms that applying the retroactive principle to sexual violence is consistent with the six characteristics of Maqasid Sharia: cognitive nature, interconnectedness, wholeness, openness, multidimensionality, and purposefulness. The retroactive principle is necessary in cases of sexual violence as the primary rule in addressing such crimes, in addition to complementing existing laws and regulations. This principle is crucial to ensure fair law enforcement in cases of sexual violence.

Legal Obligations of Telegram Users Regarding Copyrighted Content Distribution in Public Groups

In the digital era, copyright infringement poses a significant challenge, particularly on platforms like Telegram, where communication and content sharing are prevalent. This study employs a normative juridical method with a statutory approach to analyze the implications of copyright infringement facilitated by Telegram groups. Through deductive analysis, the research reveals the legal consequences of re-uploading copyrighted content in public or non-specifically designated groups on the platform, notably in violation of Law No. 28 of 2014 concerning Copyright. The findings underscore the responsibility of users for sharing copyrighted material without permission, emphasizing the need for adherence to legal provisions. Highlights : The study delves into the legal ramifications of copyright infringement within Telegram groups. Using a normative juridical method, it highlights the responsibility of users for sharing copyrighted content. The research underscores the importance of adhering to applicable copyright laws in digital communication platforms like Telegram. Keywords: Copyright infringement, Telegram groups, Legal consequences, Normative juridical analysis, Statutory approach

Enhancing Human Development in Nigeria Through Constitutional Reform via the Human-Rights-Based Approach to Development

Development indexes and scholarship portray Nigeria as non-developed. Non-development is acutely felt in the sphere of human development. This article interrogated the state of Nigeria’s human development by showing that the violation of human rights law is at the heart of Nigeria’s lack of human development. It offered some constitutional reform proposals that could potentially cure the country’s perceived human development weaknesses. It also utilised the human-rights-based approach to development. Consequently, the article answered the following research question: Is it possible to realise human development in Nigeria using the human-rights-based approach to development by way of constitutional reform? While acknowledging the weakness in the often argued importance of making chapter 2 of the 1999 Constitution justiciable, it made a case for the introduction of suo motu intervention by the judiciary in order to boost the realisation of rights that enhance human development: Right to health, right to education and right to a decent standard of living. It also argued for the relaxation of the rigidity of dualism in the 1999 Constitution in order for Nigerians to benefit from certain doctrines, like the principle of progressive realisation, which favour the aforementioned rights that enhance human development. To buttress this point, the paper then cited the innovative section 254(c)(2) of the 1999 Constitution which, to promote the plight of the Nigerian worker, did something similar with regard to the accommodation of international law instruments related to industrial relations.

Effect of Dobbs on the Obstetrics and Gynecology Workforce [ID 2683443

INTRODUCTION: After the Dobbs v. Jackson decision in June 2022, 17 U.S. states have functionally banned abortion. Little research has focused on consequences of these bans for obstetrician–gynecologists in affected states, for whom medically necessary care provision may now carry serious personal and professional consequences. The objective of the Study of Ob-Gyns in Post-Roe America (SOPRA) was to characterize how abortion bans affect obstetrician–gynecologists and identify institution-level practices to support obstetrician–gynecologists in abortion-restrictive policy climates. METHODS: This was a cross-sectional qualitative study of 54 obstetrician–gynecologists from 13 of 14 states that had banned abortion as of March 2023. Data included semistructured interviews conducted from March to August 2023, which were thematically coded and analyzed. Institutional review board approval was obtained. RESULTS: We identified three major domains in which laws affected obstetrician–gynecologists: 1) clinical effects (waiting to provide necessary care until patients became sicker or institutional permission to treat was obtained; inability to counsel on pregnancy options; inability to provide or refer for appropriate care; patient relationships); 2) professional effects (conflicts with colleagues; documentation; fears and perceived consequences of law violation; practicing below the standard of care; moral distress and moral injury; job satisfaction; intention to leave the state); and 3) personal effects (health and well-being). Institutional practices—both helpful and harmful—modified the laws' effects on physicians. CONCLUSION: Findings reveal pervasive effects of state abortion bans on obstetrician–gynecologists, with implications for workforce sustainability, physician health, and patient outcomes. Institutional practices to support and protect obstetrician–gynecologists in restrictive policy environments may help mitigate laws’ effects on attrition and physician well-being.

소방특별사법경찰의 수사에 관한 직무집행능력 향상 방안연구

This study focuses on fire special judicial police and measures to improve their ability to carry out their duties regarding investigations by securing expertise as the subject of investigation of violators of fire laws and regulations in the area of fire administration, improving the hiring system, establishing a unified investigation-only organization, and strengthening the education and training system. The purpose is to present. The research method was an exploratory analysis of related previous research papers, statistical yearbooks such as the National Fire Agency, operation cases in foreign countries such as the United States, various government reports, homepages of Korean government ministries, and media reports. As a result of the analysis, there are only a very small number of personnel dedicated to investigative work, most of them hold other positions concurrently, the investigative position does not have a division-level structure, so independence is not secured, there is no public recruitment or special recruitment system for fire chiefs or lower to perform front-line investigative work, and no training for job training. Course opening was also insufficient. In conclusion, avoid the new investigative field recruitment or special recruitment system and rotational personnel system, designate the fire and special judicial police duties as a specialized field, ensure job continuity, establish a unified organization, develop a job training course, and complete at least 6 months of professional training. The introduction of an education system should be implemented quickly.

Konsep Penegakan Hukum Pidana Adat di Indonesia Berdasarkan Asas Kepastian Hukum

One of the advances in Indonesian criminal law is the recognition of customary criminal law in the New Criminal Code. However, there will be problems in enforcing national criminal law if customary criminal law is accommodated. The problem that will be studied in this research is the consequences of the implementation of customary criminal law in enforcing national criminal law and enforcing customary criminal law in Indonesia that has legal certainty. This research is legal research with a typology of normative/doctrinal legal research which aims to produce a new argument, theory or concept on the problem being studied. The research results show that the application of customary criminal law in enforcing national criminal law will have the potential for disharmonious relations between law enforcement officials and local customary institutions. Therefore, enforcement of customary criminal law in Indonesia with legal certainty can be achieved by reviving the Customary Courts which have the authority to examine and try violations of customary criminal law. This research recommends immediately compiling customary law through regional regulations and immediately enacting a Draft Law on Customary Courts to ensure legal certainty of customary justice in the Indonesian Judicial System.