立法助理制度述论

本文介绍和研究美、英、法、德等西方主要国家的议员立法助理设置情况及其相关规定,结合中国和省级人民代表大会及其常委会行使立法权的情况,并以重庆市人大常委会试聘常委会组成人员立法助理为例,探讨这一制度对我国的借鉴意义.     

The Staff Legal Adviser

The staff legal adviser [iuriskonsul't] is the individual who stands watch over the observance of socialist legality at the enterprise, in the institution, and at the executive committee of the local soviet. … He is constantly consulted on practical questions of the law. He is the defender of the interests of the enterprise or agency before courts and in arbitration proceedings. … But how does the legal adviser carry out the tasks he faces? The editors of our journal decided to turn to two heads of legal departments — one at an enterprise and one in a ministry — with the request to reply to a number of questions. We publish their replies below.     

Municipalities Are Searching for Staff

In less than a year, municipal reform will enter its final stage in Russia. From January 1, 2006, each municipal formation will receive its own head, its own council of deputies, and its own budget. Discussion about the degree of preparation for the reform and the main problems, which can already be predicted now, is being conducted among experts and state functionaries responsible for the transformation. One of the aspects was discussed yesterday by theoreticians and those conducting the reforms in practice at "Problem for 2006—Municipal Reform. Are There No Players Waiting on the Bench?"     

监狱工作人员分类化配置

目前,我国在监狱工作人员分类配置上存在管理体制上的误区,监狱干警身兼数职,第一线警力严重缺乏,导致无法有效地开展监狱工作。相比之下,发达国家的监狱工作人员组成合理,分工细密,不仅有利于实现监狱的教育和改造职能,而且更能体现出对罪犯的人文关怀。作者认为,我国的监狱应该借鉴西方发达国家监狱管理的成功模式和经验,建立起一套完整的、实行职位分类与专业分类的双重管理模式。     

The Influence of Prison Staff on Inmate Conditions: A Multilevel Approach to Staff and Inmate Surveys

The current study connects survey data of inmates and correctional staff in the Dutch prison system in order to describe and explain the impact of staff orientation and staff working conditions on perceived prison circumstances of inmates. Importation and deprivation theory are combined to test an integrated model to explain perceived prison conditions. By surveying staff (N = 1750) and inmates (N = 4673) independently within the same period of time and by afterwards pairing the results on the level of the housing unit (N = 173) using multilevel techniques, it is found that inmates′ perceptions of the prison conditions vary considerably between housing units. It is also found that staff’s perceptions of prison conditions show congruency with those of inmates. Another important finding is that in housing units where the orientation of staff towards inmates is relatively supportive, inmates perceive their circumstances as more positive. Conclusions and directions for further research are provided.     

论社区矫正工作人员的种类与名称

随着我国社区矫正工作的发展,在社区矫正工作参与人员的分类与名称上,出现一些混乱现象。这种现象的存在,在社区矫正发展的初期带有一定的必然性,它与人们对社区矫正工作认识的逐步发展、与社区矫正体系的逐步完善等,密切联系在一起。但是,这方面的问题也成为社区矫正工作进一步发展和社区矫正工作规范化、法制化的重要障碍,应当从理论上加以探讨和解决。本文在探讨社区矫正工作人员种类与特征的基础上,探讨解决这个问题的方法。同时,也探讨有关名称的英文译名,为开展对外交流做一些准备工作①。一、社区矫正工作人员的种类与特征本文所说的…     

Staff Quality and Treatment Effectiveness: An Examination of the Relationship between Staff Factors and the Effectiveness of Correctional Programs

Although a growing body of research has focused on identifying the characteristics of effective interventions, relatively little research has looked at the impact that staff factors have on treatment effectiveness. The current research conceptualizes staff quality via three domains: staff characteristics, staff training, and staff supervision. Process and outcome evaluations of 54 community correctional facilities are used to examine the relationship between staff quality and reduced recidivism of program participants. The results suggest that measures of all three domains maintain substantively meaningful relationships with program effectiveness.     

浅析人员反应对火灾风险评估的影响

通过探讨人员反应可能对火灾发生造成的影响及分析安全人员采取行动的起始时间分布,给出一种考虑人员反应的风险评估方法的基本框架并分析其优劣,表明了定量考虑人员反应的可能性。对于进一步发展风险评估方法具有借鉴意义。     

Sector Well-Being Differences Among UK Police Custody Staff

The research explores a new model of staff well-being across UK police custodial services (public and private). These services are unique for the fact that police sergeant custody officers are supported by detention officers who can be publicly or privately contracted, with the latter providing a heterogeneous mix never previously researched. The model informs a survey approach conducted across four English police forces. Drawing on a diverse literature which compares health and criminal justice professions, this study explores the possibility that private sector detention officers will report lower levels of emotional exhaustion and workplace stress and higher levels of personal accomplishment than their public sector counterparts. Multilevel analyses, supplemented by ANOVA and t tests, detected statistically significant differences for private sector detention officers regarding higher levels of emotional exhaustion and lower levels of personal accomplishment and workplace stress (with the stress result the only one in the predicted direction). However, results should be interpreted as sample specific linked to privately contracted detention officer disquiet with their then employer (since replaced). That said, the results provide a good exploration of the model’s utility together with important lessons for model and survey development in the future.     

医务人员兼职执业法律探讨

医务人员能否到其他医疗机构兼职执业,而不仅限于其依法注册所在的医疗机构?此话题受到社会的广泛关注并引发激烈争论。本文作者试从法律角度探讨现行法律框架内的可行性解决方案,同时也对可以期待的医疗行业相关立法发表个人一点拙见。     

Perceptions of Same-sex Domestic Violence Among Crisis Center Staff

Crisis center staff help form the frontline in the fight against domestic violence. Therefore, it is important that we understand any biases they may have when addressing cases of same-sex domestic violence. In this study, 120 crisis center staff members were given a vignette depicting a domestic dispute and asked to complete a questionnaire about their perceptions of the incident and the parties involved. We manipulated the sex of the perpetrator and victim. All other aspects of the vignette remained consistent. Because gay and lesbian relationships are often perceived as less serious than heterosexual relationships, we hypothesized that participants would perceive same-sex domestic violence as such. Consistent with this hypothesis, participants rated same-sex domestic violence scenarios as less serious than opposite-sex domestic violence and as less likely to get worse over time.     

规范刑法学视野中的农村基层组织人员

哪些人员属于规范刑法学视野中的农村基层组织人员,关乎对其职务行为的刑法评价.如果将农村基层组织中的某一成员认定为农村基层组织人员,那么,他在协助人民政府从事行政管理工作时利用职务之便,侵吞、挪用所管理、经手的款物,或者非法收受他人财物的行为,即可定性为贪污罪、受贿罪或挪用公款罪,否则,就只能构成职务侵占罪、挪用资金罪或非国家工作人员受贿罪.在农村基层组织人员的外延问题上,理论界存在较大的分歧意见.在界定农村基层组织人员的范围时,应根据相关法律法规的规定,并结合我国农村治理结构的现实情况加以确定.