The basic concepts of re-modifying the criminal procedure law

Re-modifying China’s Criminal Procedure Law has become an important topic within theoretical circles. Many scholars discuss the question of how to modify Criminal Procedure Law. The author considers re-modifying Criminal Procedure Law based on basic scientific ideas; if these ideas contain paying equal attention to fighting crime and protecting human rights, initially setting up a procedural idea and a view of legal truthfulness, giving priority to justice with due consideration to efficiency, and obeying and consulting the international criminal judiciary justness guidelines that will be followed in re-modifying Criminal Procedure Law, then this re-modifying will be successful. __________ Translated from People Justice, 2005, (5) (in Chinese)     

Balancing power through law: The state v. the juvenile in delinquency proceedings

A content analysis of Maryland's juvenile court law spanning 1947–1978 posed two questions: (1) Had the state legislature redefined the juvenile court process in the matter of delinquency such that the juvenile received more power resources relative to those of the state? (2) Did the ratio of the state's and the juvenile's power resources diminish to the point of negligibility? Findings suggest that the court process may have been structurally revised without a significant change in the overall relationship of the parties in the process.     

The effect of a curfew law on juvenile crime in Washington,D.C.

Juvenile curfew laws were a popular intervention to combat juvenile crime during the 1980s and 1990s. An experimental replication design was used to examine the impact of the Washington, D.C. “Juvenile Curfew Act of 1995.” Juvenile arrest data were analyzed using a two-standard-deviation-band approach, t-test, and trend analysis. The results, consistent with previous studies, revealed that the curfew law did not reduce total juvenile arrests. Several flaws inherent in curfew laws, as well as implications for research and policy, are discussed.     

An analysis of juvenile law in Taiwan and some comparisons with the U.S.

Juveniles have been treated differently from adults in legal matters throughout Chinese history. However, a special comprehensive juvenile law was not published until 1962. The law deals with juvenile delinquents and potential delinquents, ages 12–18. Juveniles involved in espionage against the government are not protected by juvenile law. Juveniles in general have less due process protection compared to their counterparts in the U.S. However, this is compensated by the better trained judges in Taiwan. Cultural differences also resulted in Taiwan putting more emphasis on the family responsibility for the care and Supervision of juveniles.     

Do juvenile curfew laws work? A time-series analysis of the New Orleans law

Juvenile curfew laws are one of the most recent weapons for combating delinquency, but little is known about their effectiveness. This study examines the impact of the juvenile curfew law in New Orleans, Louisiana on victimizations, juvenile victimizations, and juvenile arrests. Interrupted time-series analyses are used to compare victimizations and arrests before and after the curfew was implemented. The results show the ineffectiveness of the curfew. Victimizations, juvenile victimizations, and juvenile arrests during curfew hours did not decrease significantly after the law went into effect; some victimizations during non-curfew hours increased significantly after the law was implemented.     

The ideological bases and functions of contemporary juvenile law reform: The New York State experience

This paper reviews dominant crime control ideologies and relates these ideological assumptions to juvenile justice reform. Using New York State as a case study, the ideological basis of recent juvenile justice legislation is then reviewed through analysis of legislative debates. The debates indicate that the legal reforms represent the ascendance of conservative crime control ideology. The paper then examines the functions and effects of crime control ideology. It is argued that liberal and conservative crime control ideologies are part of a more general institutionalized thought structure dominant in American society. Key elements of this institutionalized thought structure include an emphasis on individualism, formal equality, and rationality. The net effect of the legal reforms, however, appears to be an increase in substantive inequality in the form of extended state control over poor, urban, minority youths. The paper concludes by suggesting that these ideologies function to offer apparent responses to the problem of crime in society without threatening existing distributions of power and wealth.     

Psychosocial treatment in the 21st century

Over the past 50 years, psychosocial treatment has played an increasingly prominent role in helping persons with mental illness live in communities rather than in institutions. This paper briefly reviews evidence for and discusses three forms of treatment-assertive community treatment, supported employment, and cognitive behavior treatment-which have been studied extensively and are widely accepted as effective interventions. Forces are discussed that have shaped these and other psychosocial treatment over the past five decades. Despite the accumulated evidence, many questions remain about the cost-effectiveness and applicability of these treatments in specific populations and service environments. The development of these and other treatments has been, and continues to be, shaped by concerns about rising health care costs, a heightened emphasis on evidence-based treatment and by consumers taking a more active role in determining the services, and outcomes that are most helpful to them.     

Decision-making concepts in postmortem identification

Concepts of the decision-making process in mass casualty identification are discussed. The importance of the correct data type, the correct data format, and the appropriate decision paths are emphasized. Also discussed are the hidden dangers in the use of changeable physical characteristics for sorting factors. A suggested decision process for use in postmortem identification is outlined, along with its application to computer-assisted identifications.     

Distinguishing juvenile homicide from violent juvenile offending

Juvenile homicide is a social problem that has remained a central focus within juvenile justice research in recent years. The term juvenile murderer describes a legal category, but it is purported to have significant scientific meaning. Research has attempted to conceptualize adolescent murderers as a clinical category that can be reliably distinguished from their nonhomicidal counterparts. This study examined 33 adolescents adjudicated delinquent or awaiting trial for murder and 38 adolescents who committed violent, nonhomicidal offenses to determine whether the two groups differed significantly on family history, early development, delinquency history, mental health, and weapon possession variables. The nonhomicide group proved more problematic on many of these measures. Two key factors did distinguish the homicide group: These adolescents endorsed the greater availability of guns and substance abuse at the time of their commitment offenses. The significance of this finding is discussed, and the implications for risk management and policy are reviewed.     

Psychosocial dynamics of child abuse

The problem of child abuse warrants steadfast social concern and attentive study by social scientists, forensic scientists, and mental health professionals. What moves adults to physically abuse children entrusted to their care? In the present inquiry, an overview of a substantial body of the literature is organized by exploring three dimensions of abuse: the parental relationship, the psychopathology of abusive parents, and the psychodynamics of motivation. None of these dimensions taken alone provides a satisfactory understanding of the phenomenon of abuse. An integrative model is offered wherein child abuse is regarded as a function of three general factors: stresses on the parent, ego weaknesses of the parent, and vectors that direct the parent's violent impulses against the child.     

2001年劳动法学和社会保障法学研究的回顾与展望

2001年劳动法学和社会保障法学的研究无论在深度上还是在广度上都有所发展,呈现出以下几个特点:一是在基础理论的研究和构建上,由于这门学科相对于其他法学学科而言的新兴性,学者们不断地为其寻找定位,突破既有的法律观念和概念,表现出极大的理论勇气和创新精神;二是对具体制度的研究日益深入和细微;三是紧密结合社会实际,运用研究的理论去解决一系列实际问题.     

2001年环境和自然资源法学研究的回顾与展望

一、学术研究概况 2001年我国环境资源法学研究取得丰硕的成果,研究的规模和水平有很大提高,研究的领域进一步拓展,标志着这一新的法学分枝学科正在日趋走向成熟. 2001年初党和国家将环境资源保护提到治国富民安天下的新的战略高度,以可持续发展为核心的新环境观日益深入人心,推动着我国环境资源法学研究迅猛发展.本年度环境资源法学学术研究的特点是:第一,研究的领域进一步拓展,环境法学体系更加成熟.以往环境法学主要限于环境保护(污染防治)和自然资源保护,2001年全国环境资源法学研讨会重点研究了国土资源法问题,基本界定了环境保护、自然资源保护和国土资源保护三位一体的环境法学体系.