中国当代检察制度的特色及其优越性——检察机关恢复重建30周年纪念

中国当代检察制度具有理论基础的创新性,体现了与时俱进的理论品质,凸显了保持正确政治方向、适应中国国体政体、体现社会发展要求的优越性;具有路径选择的扬弃性,体现了法律监督的本质属性;具有结构功能的科学性,体现了法治国家的目标要求;具有运行机制的规律性,体现了检察一体的组织原则;具有规制管理的有效性,体现了权力配置的制约协调。     

变革政治社会中的宪法变迁和宪法保障——中国宪法在改革时代如何应变、成长和发展

<正> 一"法律就是取得胜利、掌握国家政权的阶级的意志的体现",正是在这种意义上讲,法,才是"政治之子",而作为根本法或总章程的宪法却是"政治性特别强的法律"。浓厚的政治性对政治变革时代的宪法提出了双重要求:1.由于宪法规范高度原则性和简括性的特点,以及宪法预测能力的局限,更因为国家     

情境教学法在《旅游市场营销》课程中的运用

情景模拟教学直观、具体、贴近实际,且简便、灵活、针对性强。《旅游市场营销》是一门实践要求较强的课程,理论知识在情境教学法中能较好地得到体现,使实践与理论找到了切合点,从而使学生的思维得以拓宽、学习效率得到提高。     

试论刑事侦察中的战机

刑事侦察工作方针把“抓住战机”作为重要内容之一,这是根据刑事案件的特点和侦察破案的实践需要提出来的,体现了刑事侦察内在规律的客观要求,对于刑侦工作具有重要的指导意义。特别是随着突发性强、行动迅速、危害很大的暴力型案件日益增多,刑侦部门一方面要强调主动进攻、先发制敌,避免犯罪可能造成的危害;另一方面,对已造成危害的案     

风险社会中的决策科学与民主——以重大决策社会稳定风险评估为例的分析

在风险社会,社会管理必须具有更强的风险意识。行政决策既要具备科学根据,也要体现民主价值。以风险评估为代表的专家理性模式,是充实行政决策科学根据的主要渠道;以民主参与为代表的公众参与模式,是体现决策民主的主要渠道。风险评估应当严守科学底线,通过恰当的制度配置,确保科学评估的独立性、公正性、可靠性。公众参与风险规制,则要求实现风险评估程序启动的开放性、评估过程的透明、评估结果的公开和可审查性。     

河南省高级人民法院院长张立勇代表:建议充分发挥职能 更好服务经济社会大局

正王胜俊院长的报告既全面肯定成绩,也毫不掩饰地指出了当前法院工作中存在的问题和不足,明确提出了今年和今后一个时期法院工作的努力方向。报告有特色、有深度、有新意,是一个深入贯彻党的十八大精神、全面落实科学发展观的报告,是一个追求司法公正、公开、公平的报告。王胜俊院长的工作报告集中体现了以下四个特点:体现了改进文风、务实司法的要求;体现了"为大局服务,为人民司法"的工作主题;体现了与时俱进、勇于探索的创新精神;体现了公正司法、廉洁司法的     

“三农“——构建和谐社会的重中之重

党中央强调指出,全党要始终把解决好“三农”问题作为全党工作的重中之重。“重中之重”,体现了党的一贯主张和方针政策,体现了社会主义本质的根本要求,体现了科学发展观的主体思想,体现了社会和谐发展的整体部署。     

诉讼中“证据占优势”标准的可行性分析

文章对三大诉讼的证明标准进行了比较分析.在此基础上对“证据占优势”证据标准加以理性剖析,认为其体现了“谁主张谁举证”的普通性举证责任原理,体现了达到“法律真实”的证明任务的要求,体现了民事诉讼中的民事意思自治原则和诉讼经济原则;从理论层面、制度背景、法律规定、公民诉讼观念的转变以及司法实践等五个方面对“证据占优势”证明标准在我国的可行性进行了探讨.     

坚持以人为本 规范预防接种——《安徽省预防接种管理条例》解读

政府有责任向公民免费提供第一类疫苗;住在交通不便的边远地区,可以享受定期入户接种的待遇;新生儿、流动儿童的预防接种责任更加明确;预防接种证免费办理,可以异地使用……2007年6月22日省十届人大常委会第三十一次会议通过、将于10月1日起施行的《安徽省预防接种管理条例》,通过这些制度和细节的设计,体现了对保障公民生命健康权的高度重视,体现了以人为本的执政理念,体现了科学发展观的要求。制定这一条例,是加强我省公共卫生体系建设的重要举措。     

盂县村委会换届“法”中行

盂县第九届村民委员会换届工作从2011年11月6日开始，整个过程全面体现了“依法”选举的要求。如何能够保证“依法”选举，盂县在学法、送法、释法、督法四个环节，创新思路，真抓实干，为换届选举提供了坚强的法律保障。 一是强化学法，提高运用法律本领。换届选举工作政策性、法规性非常强，为了确保整个换届选举规范操作，     

Finding cover: Legal trauma and how to take care of it

As law originates in violence, it is always haunted by its constitutive trauma. Recourse to law's origin, which is implicitly or explicitly sought in (constitutional) adjudication, thus requires a way to deal with law's trauma. What is needed is a cover, to be provided through (legal) interpretation. Four such interpretive ‘cover up’ operations, all necessarily somewhat duplicitous, are discussed. The first three represent main currents in legal theory. First, the standard legal view, which denies the trauma but relies on traditional authority to cover it. Second, a ‘neurotic’ solution, in which trauma is also denied but nevertheless cover is produced through collective interpretation. In the third, ‘perverse’ solution, trauma is admitted, and even enjoyed; on the other hand, it is denied that cover can be produced by any interpretive authority. The fourth option provides an alternative: recognition of law's trauma, covering it through the collectively shared practice of interpretation. It is shown that an example of such a collective effort can be found in the Dutch practice of gedogen, the deliberate under-enforcement of law, which is capable of creating an ‘informal rule of law’ that deals with intractable social problems more successfully than attempts formally to enforce applicable law. This revised version was published online in November 2006 with corrections to the Cover Date.     

The effects of closed-circuit television on crime: meta-analysis of an English national quasi-experimental multi-site evaluation

This article reports results obtained in an English national quasi-experimental multi-site evaluation of 14 closed-circuit television (CCTV) projects in residential areas, town and city centers, a city hospital, and car parks (parking lots). Both police and victimization data were collected before and after the installation of CCTV in target, control and buffer areas, and police Divisions. The results showed that CCTV was effective in reducing crimes in train station car parks but not in city centers or residential areas, seemed to be effective in reducing vehicle crimes (but not other types of crimes), and was most effective when the degree of coverage by CCTV was high and when CCTV was combined with other interventions such as improved lighting. Implications for situational crime prevention theory are drawn. There was no evidence of displacement or diffusion of benefits. It is concluded that CCTV needs to be implemented more effectively, based on an analysis of the crime problem and its causes, and needs to be evaluated using a randomized experimental design.

Current developments in Open Source Software

Open Source Software (OSS) has hit the mainstream in recent years and its scope is set to increase. Best seen as a range of associated licensing techniques, there are many different types of OSS licences. Coupled with a lack of settled case law and rapidly developing market practice, legal interpretation of the OSS world presents challenges to lawyers. Of the ‘top 20’ OSS licences, the GPL is the most commonly used and among the most radical in legal effect. The GPL's legal radicalism centres on its Article 2(b) concept of ‘copyleft’. Copyleft is an inheritance requirement to pass on the GPL's terms to other software that ‘contains’ or is ‘derived from’ the initially used GPL software. I illustrations of Article 2(b) issues from the Linux and Java worlds are provided. Current case law (such as it is) is then overviewed. Finally, contractual and policy implications of OSS governance are then reviewed as the increasing uptake of OSS in the organisation is mirrored in the growing importance of OSS governance.     

Craniometric analysis of the modern Cretan population

Despite the fact that sex assessment using craniofacial characteristics is commonly made worldwide, a lack of such investigation is noted in the Balkan area and in Greece in particular. The aim of this study is to develop a sex determination technique using osteometric data from skeletal remains of a contemporary Cretan cemetery population.A total of 90 males and 88 females are measured according to standard osteometric techniques. Age differences are not significant (mean age for men = 68.94 ± 13.41, N = 66; for women = 73.21 ± 16.77, N = 66). A total of 16 dimensions taken from the craniofacial skeleton are used and data are analyzed using SPSS subroutines. A comparison is made with other contemporary populations, including Americans (Terry collection) and South Africans (Dart and Pretoria collections), as well as an archaeological sample (Middle and Late Helladic) from Crete.Results indicate that males are statistically significantly greater than females in all dimensions. Bizygomatic breadth is the most discriminatory single dimension and can provide an accuracy rate of 82% on average. Using a stepwise method involving five dimensions (bizygomatic breadth, cranial length, nasion–prosthion and mastoid height and nasal breadth), accuracy is raised to 88.2%. Interestingly, cranial length is selected as the first discriminating variable by the stepwise analysis when only the neurocranium is available for measurement.     

Lost in Translation: Doing (And Not Doing) Ethnographic Research in Village India

This paper is a reflection on the difficulties of conducting criminological research in rural India. It tells the story of two periods of ethnographic fieldwork (1999 and 2002) conducted in one North Indian village (pseudonym: Nagaria). This article is written in the ‘tales from the field’ narrative tradition, relying primarily on my own fieldwork experience and later reflections, and intentionally making little reference to the methodological literature. Much of the paper - particularly the fieldwork extracts - is written in the ‘ethnographic present’. A dramaturgical approach is adopted (Goffman 1959), with a focus on the ways in which social interaction may be understood as performance. Theatrical terminology is used to underscore the ways in which field relationships may be stage managed. Contrary to conventional notions of the power of the researcher, in this tale from the field it becomes clear that the superior acting skills of gatekeepers and key informants led to the upstaging of this ethnographer.

Identity and its verification

The European Commission's eJustice Strategy seems to contemplate that all lawyers will be issued with an ‘identity card’ card, perhaps intended to include a key for making digital signatures. The Council of Bars and Law Societies of Europe (CCBE) is proposing to introduce such a card. The purpose of this article is to clarify what ‘identity’ is and what is involved in verifying it, and to offer some general observations about identity cards. Although written with the eJustice proposals in mind, nevertheless the purpose of this article is to address the topic in its widest sense, which means it affects identity and its verification, whatever the circumstances.     

The law and the sublime: Rethinking the self and its boundaries

Christine Battersby has argued that it is Kant (and not Descartes) who provides the paradigm model of what it is to be a self in modernity. The Kantian self is established in opposition to its other. The body is commonly envisaged as a container, with selfhood as something that is defended against the outside. In contrast, she proposes a feminist reworking of such a model of selfhood, applicable to both men and women, in which the self and other emerge over time through patterns of relationality. This paper introduces Battersby’s work by focusing upon her early analysis of Kantian aesthetics, in particular the sublime. The aim is to draw out some of the legal and political implications of her work, particularly with regard to the common law’s developing conception of privacy. This is carried out by distinguishing her ontological position from the psychology of Carol Gilligan and then by considering the overlapping concerns of Jennifer Nedelsky in the area of legal theory.

Spectres of Coke: Judicial Supervision as a Revolutionary Inheritance

Sir Edward Coke is known for having played a central role in establishing the power of the common law courts to exercise a supervisory jurisdiction over the executive/administration. Coke is usually praised in the literature for his boldness in doing this, whilst he is at the same time censured for having dared to suggest that this jurisdiction should be a very wide one. This essay questions the inheritance of judicial supervision and enquires whether there may be a secret to uncover in Coke’s texts. Referring to Coke’s Institutes, it is suggested that the wide jurisdiction of the common law courts that Coke advanced, is linked to and should be understood in light of Coke’s pronouncements in the epigrams on law and justice. Judicial supervision, according to this reading of Coke, involves not only a necessarily limited jurisdiction in accordance with law, but also the desire for an unlimited jurisdiction, which corresponds with Derrida’s analysis of justice and law. This reading of Coke, it is suggested, calls on us to view judicial supervision as revolutionary in nature, which requires of the courts to rethink fundamentally the way in which they exercise their supervisory function.

The future decisions of RoboJudge HHJ Arthur Ian Blockchain: Dread,delight or derision?,

Steve Saxby's prescient founding of CLSR, two hundred issues ago, encouraged and resonated with my own digital visionary thinking and professional activity in the evolving field of ICT and the Law. From Infolex, the UK's first commercially-available computer-assisted legal information retrieval service, and my APPEAL Report (on the admissibility of computer evidence in court and the legal reliability/security of IT systems), via my Forensic Systems Analysis expert methodology, to the nascent CryptoBlockTV, Steve's scholarly foresight in promoting adventurous exploration of ‘digilaw’ high-ground topics and issues has presented me with opportunities to generate a stream of prescient material, for which I am immensely grateful. And what is beyond prescient today is that the Coming of the Robots is unstoppable. The Artificial Intelligence (AI) Age is upon us; RoboJudge has all but already arrived. While many are concerned about defining and developing Machine Ethics, Castell's Second Dictum: “You cannot construct an algorithm that will reliably decide whether or not any algorithm is ethical” reveals that this is a futile exercise. Algorithms are also pivotal to the current mania for Crypto-Algorithmic Blockchain Technology Initial Coin Offerings (ICOs), with a ‘Crypto Tribe’ of Millennials relentlessly raising billions in real money thereby, to the extent that I have dubbed Crypto the Millennials’ Rock'n’Roll. The seasoned ICT expert professional however bears in mind that there are as yet no ISO standards for blockchain, and there is far more to creating and delivering a complete quality-assured system than just the blockchain component. Furthermore, the legal status of cryptocurrency, smart contract and distributed ledger technology is not clear or uncontentious – and there is already ICO litigation on foot. Nevertheless, taking my limerick-writing Castell GhostWriteBot’s advice, it is perhaps time for my own asset-linked ICO, to launch my CapChere.com concept designed to reboot Capitalism and achieve ubiquitous universal share and wealth ownership. Look out for Castell GhostWriteBot’s account (with or without limericks) of how I fared, in the 400th issue of CLSR.     

Pretend It Doesn'T Work: The ‘Anti-Social’ Bias In The Maryland Scientific Methods Scale

The social constructs and methodological principles embodied in the Maryland Scientific Methods Scale (SMS), comprising part of the Campbell Collaboration in Crime and Justice assessment protocol, induce a series of biases in the evaluation of evidence of crime prevention policy interventions that focus on collective social phenomena, such as communities. Applying these principles leads to negative conclusions about effectiveness; yet their inherent ‘anti-social’ bias may induce Type II error with regard to the desirability of ‘social’ interventions to reduce crime. Policy-making is poorly served as a result. This point is illustrated, first, through a scrutiny of the social constructs used, including those that typify treatments, institutional settings and units of analysis. These are seen as being constructed in a way that is congenial to the underlying methodological issue of ‘control’ but that constitute nevertheless a distorted definition of the governance issues involved in crime reduction in community settings. A model more appropriate for evaluating voluntaristic action in civil society is needed. Second, it is suggested that this methodological bias arises particularly in policy interventions and change programmes that address issues concerning the ‘collective efficacy’ of local communities in reducing crime. An empirical exemplification of these arguments is presented with reference to a completed evaluation research study (Foster and Hope, 1993).