法院内部控制刑事裁判权的方法与反思

我国法院内部对刑事裁判权的控制有着独特的方法与逻辑。在方法上,有严格的流程监控和细密的考核指标,即过程控制与结果控制。这种控制刑事裁判的方法体现了独特的制度逻辑,而制度实践者则基于不同的动因或主动或被动地选择了该方法。法院内部控权模式有利有弊,总体来说,过程控制在一定程度上消解了结果控制的效果,结果控制则又在一定程度上加强了过程控制,如此循环导致对刑事裁判权的控制不但成效不大,且产生了一定的副作用。法院内部控权模式存在双重悖论,未来对刑事裁判权的控制应遵循基本的司法规律。     

Resurrecting the Dodo: Positive control DNA for species identification

Positive controls are necessary standards for inclusion in forensic tests. When working as expected they demonstrate that methods have been applied correctly, and therefore results can be interpreted with confidence. However, the requirement for positive controls can also introduce problems. For species identification in wildlife DNA forensic testing, it is possible that the DNA sequence of the case sample will be a 100% match to the positive control. Whilst clear results for negative controls will indicate that cross-contamination is unlikely, it would be preferable to have a positive control that will not appear in casework. In addition, for many endangered species, obtaining positive control DNA for species-specific testing can be problematic. Here we present a simple method to use artificially generated positive control DNA from the extinct Dodo, Raphus cucullatus, for four species-identification tests run routinely in UK wildlife forensic casework.     

Social Policy and Social Control： Case of San Joso del Rincon in the State of Mexico

This study sets out to analyze and evaluate the implementation of a system for the regulation and control of social policies （＂Social Comptrollership＂） involving civil society so as to reinforce the mechanisms for ensuring transparency and responsibility in the government＇s operation of social programs and the execution of public works Here is presented the analysis of the Federal Rural Housing Program （in Spanish： ＂Programa de Vivienda RuraF＇） that is aimed at providing accommodation to families in situations of severe poverty living in communities described as suffering from ＂high or very high levels of marginalization＂. The main conclusion of this research, which is based on a series of interviews with aid recipients, the officials and the social organizations involved, is that the regulatory aspects of this system for controlling social policies are not effective, since they lack mechanisms for enforcing the sanctions set down for participants who do not respect the agreements they have entered into.     

论台湾居民信用卡“恶意透支”犯罪之防控

近年来,台湾居民恶意透支我国大陆信用卡后逃回台湾的案件呈日趋增多的势头,然而由于两岸刑事法律规范对此行为规定存在差异,台湾地区并未将此类行为界定为犯罪,由此给大陆司法机关办理此类案件造成极大困扰。因此,只有建构台湾籍大陆银行信用卡持有人实施“恶意透支”信用卡的防控机制,才能有效遏制这一犯罪行为。     

Introduction to “charting,tracking, and mapping: new technologies,labor, and surveillance”

Advances in information technologies over the last two decades have offered the promise of revolutionizing workplaces and other settings by expanding the capabilities of individuals working in various professions. Enabled by high-speed computing systems and marked by an intensification of command and control properties, new technologies have expanded, and in some cases intentionally surpassed, the scope of the senses. Technologies such as drones, surveillance cameras, and airport and border security systems promise the seemingly infinite catchment and infinitesimal account of human actions, while computer processing software provides real-time data on large-scale transactional processes occurring in monetary systems and security markets. Charting, tracking, and mapping functions open up new vistas for quantifying social behaviors and detecting misbehaviors, creating new frontiers for criminal justice, the military, and economic activity. The papers in this special issue reveal the processes guiding the rapid transformation and flexible adaptation of institutional structures, economic and financial systems, and threat surveillance and military/police mobilization in the near future.     

中国白领犯罪的防控——以关国亮挪用资金案为例

在正处于转型时期的中国社会,各种新型群体犯罪层出不穷,其中白领犯罪造成的危害尤为恶劣,严重损害了经济的健康运行和社会的和谐稳定。本文从"中国保险第一案"关国亮挪用资金案入手,探寻当前白领犯罪的新趋势,并希望以此为引,对建立预防和控制白领犯罪的全方位防范体系、完善相关立法有所启示。     

法治视野下警察权的滥用与控制

由于缺乏监督与控制、警务管理体制不健全等原因,使得警察权在行使中出现滥用。对警察权进行控制,既不是要分警察的权,也不是限制警察权,而是遵循行政法的"比例原则",将警察权纳入法律的轨道,促进警察权在合法合理的范围内行使,努力达致既能有效保障公民权,又能使警察权高效运行以维持社会秩序。     

Durable peace and sustainable development in Africa

Zimbabwean migration into South Africa represents a challenge to standard global models for responding to large-scale migration flows. South Africa's existing legal and institutional infrastructure for migration management and refugee protection is not adequate for responding to this challenge and yet the country has not planned or implemented alternative responses. The paper outlines the complex ‘mixed’ nature of current Zimbabwean migration to South Africa and describes how South Africa's range of legal and institutional responses are ineffective in protecting both South Africa's national interests and the rights of Zimbabwean migrants. After presenting a series of factors against which future responses should be evaluated, it lists various possible forms of response, including legal and humanitarian interventions, and discusses their respective appropriateness in the South African context. Finally, the paper suggests six possible policy scenarios, taking into account institutional and political realities on the ground in South Africa.     

The changing role of the military in Turkish politics: democratization through coup plots?

The exposure of alleged coup plots in 2007 has shaken the guardian role of the Turkish military in politics. What were the conditions that led to the exposure of the coups and what is their significance for the future of Turkish democracy? Drawing on insights from southern Europe, the article argues that failed coup plots can lead to democratic civil–military relations especially if they work simultaneously with other facilitating conditions, such as increasing acceptance of democratic attitudes among officers, consensus among civilians over the role of the military, and the influence of external actors, such as the European Union. The article focuses on such domestic and international factors to analyse the transformation of the Turkish military, the splits within the armed forces and the resulting plots. It argues that one positive outcome of the exposed conspiracies in Turkey has been the enactment of new institutional amendments that would eradicate the remaining powers of the military. Yet, a negative outcome of the coup investigations has been an increase in polarization and hostility. Turkish democracy still lacks mutual trust among significant political groups, which creates unfavourable conditions for democratic consolidation.