Causes of Legal Procedure Deficiency in Chin

在去滁州市检察院采访路上就听说,前阵子,滁州市检察院两个处长主动提出要辞去领导职务,一问方知,原来两人所领导的处室在去年的全省考评中虽跻身全省前三名,却没能拿到第一,自认为拖了大家的后腿,没颜面再做这个领导。这听来未免夸张,但得知2005年度,滁州市检察院蝉联检察业务     

Verba and Voluntas – Conflict of Laws in Interpretation of Contracts

This paper aims to describe an existing legal practice of contractual interpretation in Estonian legal order. In order to investigate the semiotic essence of contractual interpretation and its limits, this paper narrows its focus on a notion “conflict of laws” (as developed by Roberta Kevelson). By conflict of law is meant a depiction of incompatibility or conflict of co-existing legal practices, the conflict, which is both internal and external to Estonian legal system. From the inner perspective of Estonian legal order, the conflict of law is subsequently reduced to the conflict in law, and being analyzed on the grounds of contract law, the conflict of legal rules, in fact becomes a issue of contractual interpretation. It is claimed in this paper that there has been a fundamental incompatibility between objective and subjective approaches to interpretation of contracts. As later as 19th century, with the development of systematic legal science, an apparent confusion of objective and subjective approaches was becoming transformed into an open and growing system of law, based on a fusion of both methods. This paper lays theoretical grounds for a practical test, which could measure the exact level of legal integrity between different elements of legal system.     

Conservative ministers in the Coalition government of 2010–15: evidence of bias in the ministerial selections of David Cameron?

The article uses a data set of the 2010–15 Parliamentary Conservative Party (PCP) to test a series of hypotheses in order to determine whether those selected for ministerial office during the coalition era were representative of the PCP as a whole. The findings show no significant associations or bias by Cameron in terms of age, schooling, regional base, morality, voting for Cameron in the Conservative Party leadership election and, most significantly, gender. Significant associations or bias were evident in terms of Cameron’s patronage with regard to university education and electoral marginality. The findings demonstrate that any critique of current Conservative ministers based on their supposed elitism stems from the institutional and structural biases within the Conservative Party at candidate selection level, and cannot be attributed to bias on behalf of Cameron.     

The parliamentary activity of the head of government in Ireland (1923–2000) in comparative perspective

This article examines the parliamentary activity of the head of government in Ireland in selected years from 1923 to 2000 and compares the findings with previous studies of the British and Canadian systems. The results show that, similar to the UK and Canada, there is variation in the level of parliamentary activity in Ireland from one head of government to another. However, contrary to the British and Canadian experience, in the Irish case the data show that the head of government's overall level of parliamentary activity has generally increased over time. In short, Irish heads of government are not necessarily more active than their contemporary British and Canadian counterparts. However, in a number of respects they are certainly more active than their Irish predecessors used to be. These findings suggest that there is now a greater degree of indirect accountability in the Irish system than was previously the case.     

A case study of the suicide of Luis Mendès France, in Bordeaux, in 1695

After being condemned and imprisoned in Lisbon by the Portuguese Inquisition, Luis Mendes de Franca exiled himself in late 1683 to France, where his descendants adopted the family name Mendes France. In 1695, at the age of 55 years, Luis Mendes committed suicide in Bordeaux by a pistol shot that decapitated him. The inquest conducted at that time concluded that Luis Mendes was insane and thus not guilty of the crime of suicide. We hypothesize that he used a flint stone-type pistol loaded with an extraordinarily large quantity of black gunpowder. Using available information on historic firearms, ammunition, and powder, coupled with the preserved testimony of historic figures, we propose a reconstruction of this drama and a diagnostic approach to the psychiatric aspects of the suicide.     

The Feasibility of Cost of Crime Estimations in Eastern Europe – The Case of Poland

Estimates of cost of crime have gradually been introduced into the public debate on crime policy. Estimates differ in their scope and methodologies and this impedes international comparisons. This article follows the model of estimating costs of crime developed under the 6th Framework Programme and provides the comparable results of costs of crime in Poland. The total costs of crime have been estimated at 5.1% of GDP. In particular, the victimisation costs of violent crimes have been estimated at 1.94% of GDP and the costs of property crimes against individuals at 0.5% of GDP. The results are in line with estimates for other countries and provide the relevant measure for any cost-benefit analysis of a crime policy.     

The Situation in Libya and the ICC’s Understanding of Complementarity in the Context of UNSC-Referred Cases

The PTCI’s decision on the admissibility of the case against Saif Al-Islam Gaddafi and the subsequent AC Judgement are the first expressions of the ICC’s understanding of complementarity in Article 13(b) cases. Admissibility decisions display how the ICC attempts to strike the balance between international justice and states’ right to exercise their territorial criminal jurisdiction. In relation to cases triggered by UNSC referrals, these decisions also mark the delicate moment in which the ICC’s interaction with the politics UNSC is unveiled. In the case against Saif Al-Islam Gaddafi the ICC seems to have taken deferent approach toward the highly authoritative mechanism that triggered the case. Legally speaking, these decisions might appear as a missed opportunity. They fail to provide a conclusive clarification of the parameters of the ‘same case’ test. First, the AC did not subscribe to the offence-specific interpretation of the ‘same conduct’ test embraced previously by PTCI and, in the name of consistency with the Court’s previous case law, reverted to the incident-specific approach adopted in Lubanga. However, the case-by-case approach adopted by the AC undermines the legal certainty that the AC meant to achieve in the definition of the admissibility test. Moreover, the AC has failed to appraise the PTCI’s conclusion that domestic implementation of international crimes is not necessary for the purposes of successfully challenging the admissibility of a case. Finally, in light of the constraints imposed by Article 17(2) on the relevance of due process violations, the PTCI’s decision to reject on the grounds of ‘inability’ as opposed to ‘unwillingness’, which again the AC did not consider, could be seen as evidence of a deferent stance toward the UNSC.     

Getting Out of Debt: Garnishment of Wage in Whose Interest?

Garnishment of wage as a way for creditors to enforce payment by unwilling or insolvent debtors, while very common in Germany and Switzerland, is not very successful. Based on a dynamic model of debtor behaviour, this paper explores two alternatives of reform. One is to reduce the rate of garnishment, which at present amounts to 100 percent of the wage income exceeding a defined subsistence level, thus probably destroying incentives to work. According to model simulations, reducing the rate of garnishment is likely to result in an increase of labour supply but a decrease of garnishment revenue per period. Second, the introduction of a debt release as it exists in the United States would have an ambiguous effect on labour supply. While providing debtors with a fresh start, it would result a partial loss for creditors. A Pareto improvement thus does not seem to be possible. When taxpayers as an involved third party are taken into account, however, a potential Pareto improvement appears attainable through debt release.     

Interests of Asian Countries in the Review of the Dispute Settlement Procedure

FeaturesofDSprocedure .TheWTOsystemisarule basedinternationaltradingsystemasopposedtobeingapower orientedtradingsys tem .Itgivesstabilityandpredictabilitytointernationaltrade.Lookingatfiguresofdisputes ,itisremarkablethatbetween 1 947 1 994inwhichtheoldGATTsystemoperated ,therewereabout30 0disputesonrecordandthat,from1 995whentheWTOwasinitiatedto 2 0 0 3,therewereabout 30 0disputes.ThismeansthatthedisputesettlementprocedureoftheWTOismuchmorefrequentlyusedascomparedwiththedisputesettlemen…     

Is it Fair to Share? Perceptions of Fairness in the Division of Housework Among Couples in 22 Countries

This study explores the relationship between the actual division of housework and men’s and women’s perceived fairness in this regard. The central question is how the actual sharing of housework influences the perceptions of fairness in the division of housework. It is hypothesised that the perceptions of fairness differ between policy models. In countries where gender equality has been more present on the political agenda and dual-earner policies have been introduced, people are expected to be more sensitive to an unfair sharing or division of housework. By analysing the relationship between actual division of housework and perceptions of fairness in household work for 22 countries representing different family policy models, the study takes on a comparative perspective with the purpose of analysing the normative impact of policy. The analysis draws on data from the 2002 round of the International Social Survey Programme on family and changing gender roles. The results show that in countries that have promoted gender equality through the introduction of policies with an aim to promote dual roles in work and family, both women and men are more sensitive to an unfair division of household labour. The difference between perceptions in the different policy models is greater among men than among women, indicating that a politicization of the dual-earner family is more important for men’s equity perceptions than women’s.     

Assessing the best interests of the child in cases of cross-border surrogacy: inconsistency in the Strasbourg approach?

This article examines the approach of the European Court of Human Rights (ECtHR) to assessing the best interests of the child in three recent cases of cross-border surrogacy, namely Mennesson v France, Labassee v France and Paradiso and Campanelli v Italy. It is argued that these cases reveal inconsistency in the ECtHR’s assessment of the best interests of the child. In Mennesson and Labassee, the ECtHR found that the national authorities’ refusal to legally recognise the relationships between the children and the intended parents amounted to a violation of Article 8 ECHR, whereas no violation was found in Paradiso. A notable distinguishing feature of Paradiso was that there was no genetic relationship between the child and the intended parents, and it is this point that seemingly led the Court to assess the best interests of that child differently to the others.     

‘Hotspot policing’: a comparative analysis of sanctioned acts of policing versus media representations of policing in a stigmatized community in Trinidad

The ‘Partial State of Emergency’ implemented in Trinidad and Tobago in August 2011, as well as media broadcasts on the crime situation, has brought to the forefront the high degree of interface between police officers and civilians within the identified ‘hotspot communities’. The assumed realities of these individuals were communicated in such a manner which led to the stereotyping of citizens as marginalized victims and police officers as ‘disrespectful bullies’. The media broadcasts reflected the act of policing as unitary, as opposed to encompassing a wide range of roles for interaction with civilians. These broadcasts revealed a high degree of violent physical displays by police officers, which were perceived as irrational, and in some instances inhumane. Despite community policing initiatives, there seem to be continued instances of problematic relations between police officers and civilians from ‘hotspot communities’. The research examined the sanctioned responses of police officer governing interaction with civilians from one of these communities. It highlighted the extent to which these endorsed reactions are contextually portrayed in media footage. The study described the determinants governing police use of force as evidenced in the media with the aim of providing a direction for redress during interaction.     

Quantitative analysis of methamphetamine in hair of children removed from clandestine laboratories--evidence of passive exposure?

In New Zealand many children have been removed from clandestine laboratories following Police intervention. In the last few years it has become standard procedure that these children have hair samples taken and these samples are submitted to the laboratory for analysis. There are various mechanisms for the incorporation of drugs into hair. The hair follicle has a rich blood supply, so any drug that may be circulating in the blood can be incorporated into the growing hair. Another mechanism is via external contamination, such as spilling a drug on the hair or through exposure to fumes or vapours. Hair samples were analysed for methamphetamine and amphetamine. From the 52 cases analysed 38 (73%) were positive for methamphetamine (>0.1 ng/mg) and amphetamine was detected in 34 of these cases. In no case was amphetamine detected without methamphetamine. The hair washes (prior to extraction) were also analysed (quantified in 30 of the positive cases) and only 3 had a wash to hair ratio of >0.1 (all were <0.5), which may be indicative of a low level of external contamination. This low level of evidence of external contamination suggests that the children are exposed to methamphetamine and are incorporating it into the hair through the blood stream.     

No body,no crime? The role of forensic awareness in avoiding police detection in cases of sexual homicide

PurposeThe study examines whether the use of forensic awareness strategies increases the chance of avoiding police detection in sexual homicide.MethodsLogistic and negative binomial regression analyses are used on a sample of 350 cases of sexual homicide – 250 solved and 100 unsolved cases – in order to determine if forensic awareness strategies are related to the status of the case (i.e., solved versus unsolved) and the number of days before body recovery, while controlling for certain victim characteristics.ResultsAlthough an offender’s use of precautions does not seem to increase the offender’s chance of avoiding police detection, some modus operandi behavior adopted by the offender at the crime scene may help to delay the discovery of the victim, and thus delay the offender’s apprehension. Moreover, the likelihood of whether or not a sexual murderer is apprehended varied significantly across victim characteristics.ConclusionSome offenders seem to exhibit rational thinking in targeting certain types of victims and in adopting certain strategies in order to delay body recovery. Number of days until body recovery is a more appropriate measure of detection avoidance than case status, as it is not biased by administrative rules or timing of data entry.