少年司法国家责任论纲

由于国家责任的缺失，限制了我国少年司法制度的宏观规划、整体布局与协同进步，以致法律体系不完善、地域差别较大、部门协作壁垒等问题一直存在。国家责任更具“宣誓”意义和政策指引价值，其与政府责任、司法机关责任存在主体不同、责任内容不同、责任实现方式不同等区别。从国家责任角度出发，应加速制定“儿童福利法”，完善儿童福利制度，理顺刑事诉讼法内部规则，细化收容教养制度，协调刑法、刑事诉讼法与其他部门法的衔接；少年司法所需经费可实行国家财政统一拨付，国家应统筹发展少年司法模式，并大力发展中西部少年司法社工组织及少年司法社工；明确司法机关、政府相关部门的责任分配，强化家庭、学校作用的发挥，积极推动公安、司法机关、政府部门与少年司法社工组织的协同发展。     

法医精神病鉴定内容架构及评定要点解析

法医精神病鉴定在刑事、民事和行政三大诉讼领域中,以鉴定意见的证据形式发挥着重要作用。然而,与其重要性不相匹配的是,法医精神病鉴定学科发展尚不完善、专业发育尚不成熟,尚不能满足社会和民众的期盼和要求,甚至引发负面评价。为进一步促进法医精神病鉴定规范化、标准化建设。以法医精神病鉴定人的视角,结合法医精神病鉴定的内容架构,重点阐述法医精神病鉴定主要项目及其作用、评定要点,尤其聚焦刑事责任能力评定,阐明当前存在分歧和困难;简要介绍法医精神病鉴定人执业要求、法医精神病鉴定质量控制;以及简述法医精神病鉴定与临床精神医学实践的区别与联系。     

Clarity of responsibility and foreign policy performance voting

Do voters’ assessments of the government's foreign policy performance influence their vote intentions? Does the ‘clarity of responsibility’ in government moderate this relationship? Existing research on the United States demonstrates that the electorate's foreign policy evaluations influence voting behaviour. Whether a similar relationship exists across the advanced democracies in Europe remains understudied, as does the role of domestic political institutions that might generate responsibility diffusion and dampen the effect of foreign policy evaluations on vote choice. Using the attitudinal measures of performance from the 2011 Transatlantic Trends survey collected across 13 European countries, these questions are answered in this study through testing on incumbent vote the diffusion‐inducing effects of five key domestic factors frequently used in the foreign policy analysis literature. Multilevel regression analyses conclude that the electorate's ability to assign punishment decreases at higher levels of responsibility diffusion, allowing policy makers to circumvent the electoral costs of unpopular foreign policy. Specifically, coalition governments, semi‐presidential systems, ideological dispersion among the governing parties and the diverse allocation of the prime ministerial and foreign policy portfolios generate diffusion, dampening the negative effects of foreign policy disapproval on vote choice. This article contributes not only to the debate on the role of foreign policy in electoral politics, but also illustrates the consequential effects of domestic institutions on this relationship.     

Conceptualising corporate community development

Globally there is an increasing focus on the private sector as a significant development actor. One element of the private sector’s role emphasised within this new focus has been corporate social responsibility (CSR) activities, whereby the private sector claims to contribute directly to local development. There is now a substantial body of work on CSR but it is a literature that is mostly polarised, dominated by concerns from the corporate perspective, and not adequately theorised. Corporations typically do development differently from NGOs and donors, yet the nature and effects of these initiatives are both under-researched and under-conceptualised. In this paper we argue that viewing CSR initiatives through a community development lens provides new insights into their rationale and effects. Specifically we develop a conceptual framework that draws together agency and practice-centred approaches in order to illuminate the processes and relationships that underpin corporate community development initiatives.     

Choosing to be political: some reflections on youth activism in the US

This article explores youth activism in the US, not through the lens of collective action, but as the product of personal choices. By drawing on existentialism, and particularly on the work of Jean-Paul Sartre, this article proposes to shift the focus of the debate from youths’ collective action to the self – a conscious self that observes, perceives and makes sense of the surrounding world through personal experience. It is this conscious self that decides how, and whether, to intervene against the ‘wrong’ that the self experiences. In this perspective, it is not only the acts (of citizenship) that matter, but the conscious process through which the self chooses to become political. Such an understanding will ultimately help uncover not only how the undocumented act and how to conceptualise their acts but also how they perceive and experience their current status and who they want to become.     

Unlocking from Community Stakeholders,Corporate Social Responsibility (CSR) projects for effective Company–Community relationship

Abstract

Conflicts in mining fields that revolve around the type and perceived impact of CSR projects seem to be daunting to solve. Such conflicts emerge from misconceptions among community stakeholders’ that lead to a failed company–community relationship. This inimical situation threatens peace, security, lives, and properties at the community level. To resolve the company–community conflicts, it is important to minimize the misconception among community stakeholders’ by identifying their preferences of CSR projects. However, the challenge of identifying these projects in mining fields is yet to be fully explored and understood. The aim of this paper is to identify community stakeholders’ topmost preferences of CSR projects for an effective company–community relationship and propose a path for community engagement. A sample of 604 respondents comprising community leaders’ and local residents’ from three regions which host Gold Mining Firms with level ‘A’ membership from the Ghana Chamber of Mines were drawn for this study. Using a questionnaire made up of close and open ended questions, a survey was conducted. With SPSS 16.0, the data on the close ended questions were analyzed with ranking and factor analyses while the open ended were drawn into teams to support the former. The results of the ranking analysis show that different group of stakeholders’ had a different preference for CSR projects. The factor analysis revealed that for effective company–community relationship both stakeholders’ preferred a Streamline Social Intervention and Improve Stakeholder Economic related CSR projects. Base on these findings, the study recommends that Mining firms’ should give maximum consideration to projects that seek the welfare of both stakeholders’ and have equal engagement with all stakeholders’. Also, managing expectations before, during and after mining should be a shared responsibility of all the stakeholders’.     

Is China Headed for a Debt Crisis?

正AS local government debts pile up,there are concerns about the effects on the Chinese and world economy.To evaluate the risk posed by such debts,the State Council in 2011 and 2013 instructed the National Audit Off ice to comprehensively examine the debt status of regional government bodies.The two audits–one     

贵州省国有企业履行社会责任的展望和思考

工业强省战略实施以来，工业企业总体发展态势趋好，贵州众多国有企业纷纷投身社会责任实践，在责任意识、理论发展和实践效果上实现了“三个突破”，呈现出企业责任意识持续增强，利益相关方满意度持续增加，社会期望值持续增高和履责环境持续优化“三增一优”的阶段性特征。企业主动履责、政府引导激励、行业全力助推、社会共同参与“四位一体”的良好势头逐渐形成。     

论刑法中原因自由行为之责任基础

＂原因自由行为＂是现代刑法学的一大课题。虽然现今刑法理论通说均已承认它属于具有可罚性的一种犯罪行为类型,然而,依据责任主义的一般规律,无责任则无犯罪。如果认定原因自由行为具有可罚性,那么,主张原因自由行为不适用无责任能力或限制责任能力之规定的理论依据又何在？笔者从分析原因自由行为与责任主义的冲突与调和路径入手提出原因自由行为的责任基础。     

共犯与身份的中国问题

即便我国刑法总则缺乏共犯与身份的明文规定,通过借鉴域外理论与判例经验,根据共犯规定及共犯原理,也能妥当处理共犯与身份问题。根据身份是影响行为的法益侵害性还是行为人的非难可能性,可将身份区分为违法身份与责任身份;非身份者参与违法身份犯罪的,虽成立违法身份犯的共犯,但应减轻处罚;非身份者参与责任身份犯罪的,应分别定罪处罚。委派到非国有公司从事公务的国家工作人员只是一种责任身份,其伙同公司人员侵占本单位财产、收受贿赂、挪用本单位资金的,具有国家工作人员身份的分别成立贪污罪、受贿罪、挪用公款罪,公司人员则相应成立职务侵占罪、非国家工作人员受贿罪、挪用资金罪。