Interrelations Between Local Soviets and Law Enforcement Agencies

The question of interrelations between local soviets and law enforcement agencies is of both general theoretical and practical importance for the intensification and development of the struggle against criminal and other antisocial phenomena. The Political Report of the CPSU Central Committee to the Twenty-seventh Party Congress voiced the demand "to steadfastly raise the responsibilty of law enforcement and other agencies, to strengthen state arbitration and the legal services in the soviets and in the national economy, and to improve the legal education of the population. The use of the entire force of Soviet laws in the struggle against crime and other legal infractions, so that people in every population center feel the concern of the state for their peace and inviolability, so that they be assured that not a single law breaker will escape the punishment he deserves, is an unceasing task."¹     

Combating Terrorism by International Law

The world press of the late 1960s and early 1970s carried with constantly rising frequency news of skyjackings, explosions in embassies, kidnappings of diplomats, provocations and outright attacks against various governmental and nongovernmental offices abroad, and also of the use of the mails to send plastic letter bombs.     

An Enforcement Taxonomy of Regulatory Agencies

A variety of multivariate techniques were used to develop a taxonomy of regulatory agencies from the first comprehensive study of the disparate enforcement strategies employed by business regulatory agencies in one country. Seven types of agencies were identified: Conciliators, Benign Big Guns, Diagnostic Inspectorates, Detached Token Enforcers, Detached Modest Enforcers, Token Enforcers and Modest Enforcers. Agencies were distinguished primarily according to their orientation to enforcement versus persuasion, according to their commitment to detached (or arms length) command and control regulation versus cooperative fostering of self-regulation, and according to their attachment to universalistic rulebook regulation versus particularistic regulation. Nevertheless, it is not unreasonable to view regulatory agencies as lying on a single continuum from particularistic non-enforcers who engage in cooperative fostering of self-regulation to rulebook enforcers whose policy is detached command and control. This approximates the suggestions of Hawkins and Reiss for distinguishing regulatory agencies according to a "sanctioning/deterrence" versus "compliance" dimension. The predominant regulatory style in Australia, however, is distant from both poles, being a perfunctory regulatory approach which is neither distinctively diagnostic and educative nor litigiously "going by the book"; rather it amounts to "going through the motions". The typology also partially conforms to Black's categorisation of social control as penal, therapeutic, conciliatory and compensatory.     

Firearm Deaths by Law Enforcement

Abstract:  The use of deadly force during law enforcement is a matter that compels public scrutiny. There were 42 gunshot deaths caused by police over a 4-year period in New York City. The decedents' average age was 31 years and ranged from 17 to 64 years. There were 41 males and one female; and 26 Black, nine Hispanic, and seven White decedents. Ethanol and/or drugs of abuse were detected in 78% (31/40) of the decedents. The vast majority of shootings occurred with the police responding to a crime and 90% of the decedents were armed (26 handguns, six knives, one axe, one metal pipe, and one toy gun). Vehicles were used as weapons in two incidents. A total of 177 bullets struck the 42 decedents. Fourteen decedents sustained single gunshot wounds (GSWs), and the remainder had multiple GSWs ranging from 2 to 21. In the majority of the cases in this study, the number of GSWs of the body was three or fewer. Thirteen decedents had at least one GSW of the back or buttocks, accounting for 25 of the total 177 wounds, and four of the 13 had GSWs of only the back. With the exception of the upper extremities, GSWs of all locations were more likely to penetrate than perforate. Although these deaths may be high profile, the certification is typically straightforward and the cause (i.e., GSW) and manner of death (homicide) are readily apparent. Although police shootings in which the decedent was unarmed and/or sustained numerous GSWs are widely reported by the lay press, these types of shootings were not typical in our study.     

Concept for Comprehensive Organizational and Managerial Reform of the Law Enforcement Agencies of the RF

The Concept for Comprehensive Organizational and Managerial Reform of the Law Enforcement Agencies of the Russian Federation, prepared by the Institute for the Rule of Law at the European University, St. Petersburg, proposes creating interdepartmental systems of mutual oversight, opening up law enforcement agencies to public oversight, and eliminating the incentives and conditions that induce law enforcement personnel to commit illegal actions and apply the law selectively.     

论从权利视野中解读国家安全机关刑事执法权

国家安全机关作为对危害国家安全犯罪进行侦查的特定主体,在工作中依法享有刑事执法权.在刑事执法活动中,国家安全机关既有必要对公民权利作出适当限制也要注重对公民合法权利的保障,应在权利限制与权利保障之间进行平衡.从立法层面分析,我国法律的有关规定在此问题上存在不足,还有待进一步完善.     

论执法保障与行政执法能力的提高

依法行政的重心在于行政执法。要完成执法任务,行政执法主体必须具备相应的能力。我国当前行政执法中存在诸多问题的一个重要原因就是由于行政执法缺乏保障而致使行政执法主体的能力欠缺。因而,应加强对行政执法的保障,提高行政执法主体的执法能力。     

2004年刑事执行法学学术研究回顾

一、研究概况 2004年我国刑事执行法学学术研究活动蓬勃开展.据不完全统计,全年在各类刊物上发表的刑事执行法学性质的论文300余篇,具有相当的广度和深度.同时,本年度也出版了一些专著和教材.     

法律实施学刍议

我国社会主义法律体系已然建成,书面上的法需要变成行动中的法,法律规则及其体系的目标需要实现,于是,法律实施作为专门的研究对象,并由此而形成新的学术研究领域,就有了历史和逻辑的必然性.法律实施学的构建以法律社会工程论、法律过程论以及对形式主义法学的扬弃为理论基础,以法律实施为对象,围绕守法、执法、司法和法律监督四个方面分层次展开研究,从而构建起完整而富有逻辑性的学术学科体系.     

2005年刑事执行法学学术研究回顾

2005年刑事执行法学研究成果丰硕,这不仅体现在本年度已发表和出版的论文和专著在数量上超过了往年,而且更多的表现在学者们所研究的领域和内容的拓展,充分彰显了刑事执行法学研究的价值.     

2003年刑事执行法学学术研究回顾

一、研究概况 据不完全统计,本年度在各类刊物上发表的有关刑事执行法学的论文有200多篇,内容涉及刑事执行法的方方面面.与往年相比,本年度刑事执行法学的研究有以下特点: