There are two significant difficulties in building a general criminal justice theory. First, different from criminology theories, criminal justice produces multiple outcomes at different levels. Second, the scopes of existing theories largely originate from Western contexts and data, few including cross-cultural variation. This paper outlines a unified theory to explain multiple criminal justice outcomes at the system, institutional, and individual levels across cultures under a paradigm shift from the current “monotonic paradigm” to a more general “comparison paradigm.” The new paradigm logically contains the existing paradigm while broadening research questions and scope of criminal justice studies. It constructs a new set of concepts and propositions, presenting an effort toward a general causal criminal justice theory.
The "no means no" model has been applied in Germany since November 10, 2016. Its introduction has considerably extended the scope of criminalized forms of sexual interaction. This Article examines the criminal policy discourse that gave rise to it and the question of whether the new provisions have led to the changes in the practices of criminal prosecution proclaimed in advance. The results will be critically assessed. The new legislation relating to sexual offenses was also shaped on the initiative of groups perceiving themselves as emancipatory, and in the understanding of these groups, the "no means no" provision acts as "progressive" criminalization. Yet, aside from the fact that the associated expectations have hardly been met as of yet, this movement would have to resolve an essential question: Is penal law compatible with a "progressive" social policy they claim to stand for at all, and if so, what conditions does it have to meet?
The resettlement,assistance and education is facing three contradictions,namely,the contradiction between the rigid presupposition of the modernization of resettlement,assistance and education and the flexible measures promoted by the government,between the tolerance of modem social policies and the strict provisions of laws and regulations,and between the internal needs of returnees to integrate into society and the rejection of society due to its culture.In the face of these three contradictions,the government needs to formulate rigid measures to promote resettlement,assistance and education and tolerant policies for social integration in light of the changes in social structure and form,revise laws and regulations to reduce occupational prohibitions and re-strictions for the returnees,and cultivate an inclusive social culture,so that the resettlement,assistance and education work can be improved.
After the investigation and resolution of the homicide cases and long-pending cases,the following difficulties can be found in the process of the subsequent evidence collection due to changes in time and space,loss of evidence and other reasons:The foundation of investigation is weak and is difficult to be improved and replenished;Significant spatiotemporal variation causes difficulty in rebuilding the crime scene;Improper han-dling of evidence makes it difficult to replenish and correct the evidence;The change of identification rules makes it difficult to take the authentication result;The stubborn anti-trial mentality causes difficulty in making breakthroughs in the interrogation.To do a good job of collecting evidence for the homicide cases and long-pending cases,we should improve the working mechanisms from the following five aspects:Improve evidence according to laws and regulations;Replenish,correct,and strengthen the original evidence;Recollect evi-dence;Actively discover and obtain new evidence;Strengthen the intensity of interrogation.
Criminology is a relatively new discipline in Macao.Despite its short history,Macao has developed into an important regional center in Chinese criminological research.In curriculum,the University of Macau and Macau University of Science and Technology offer master programs related to criminology and criminal jus-tice.In social service,Macao is home to some internationally renowned criminological journals and professional organizations.Various social media platforms have also been used to promote criminological knowledge.In re-search,high quality research with global vision has been conducted,with its unique strengths in policing,criminal justice,and comparative criminology.As an important bridge for academic exchanges between China and the West,criminology in Macao deserves more attention in the future.
