论认罪认罚案件量刑建议精准化

随着认罪认罚从宽制度的广泛适用,检察机关不断加大量刑建议精准化改革力度。量刑建议精准化改革在理论与实践两个维度备受争议,其原因在于控辩双方具结活动的形式化、“明显不当”标准的模糊化、检察机关工作内容的复杂化,以及控审机关沟通关系的紧张化。对此,破解之道在于科学地把握量刑建议精准化改革背后的公诉权力变化,以此为前提统筹采取应对策略,包括划定精准刑量刑建议的适用范围、明确精准刑量刑建议的主要标准、推进审前具结活动的实质改造、提升精准刑量刑建议的质量水平、健全量刑建议的调整方案等方面,由此才能真正提升量刑建议精准化改革的实务成效。     

Building the Union: The Nature of Sovereignty in the Political Architecture of Europe

The debate on the nature of the European Union hasbecome a test case of the kind of political andinstitutional arrangements appropriate in an age ofglobalization. This paper explores three views of theEU. The two main positions that have hithertoconfronted each other appeal to either cosmopolitan orcommunitarian values. Advocates of the former arguefor some form of federal structure in Europe and areconvinced that the sovereignty of the nation statebelongs to the past. Proponents of the latter make acase on both socio-political and normative grounds fora Europe of nations. However a third position,favoured by the authors, is gaining ground. This viewcombines cosmopolitan and communitarian conceptions.It emphasises the mixed nature of the European polityand conceives the constitutionalization process asopen-ended. The paper concludes that from this perspectivea bricoleur's Europe of bits and piecesmay not necessarily lack justification and legitimacy.     

Panel recommends significant changes to federal law against discrimination

In a report released on 23 June 2000, the Review Panel tasked by the federal Minister of Justice with reviewing the Canadian Human Rights Act made some welcome recommendations for improving the Act and the way the Canadian Human Rights Commission functions. Three are of particular significance: the recommendation that "social condition" be added to the prohibited grounds for discrimination listed in the Act; the recommendation that the Canadian Human Rights Commission should have, under its governing legislation, the duty to monitor and report to Parliament and the UN Human Rights Committee on the federal government's compliance with international human rights treaties regarding economic, social, and cultural rights; and the recommendation that "gender identity" should be expressly added to the Act as a prohibited ground of discrimination.     

Rethinking critical criminology

This paper takes the form of a report on the panel discussion held at the conclusion of the 1992 meetings of the European Group for the Study of Deviance and Social Control in Padua in September 1992. In the light of a perceived crisis of relevance for earlier, 1970s notions of critique in criminology, and in the context of a conference dedicated to the theme of human rights in a uniting Europe, eight panellists from Italy, England, and Canada via Ireland debated their different versions of the project of critical criminology in the last years of the twentieth century. Each of these presentations is summarised here, and an attempt is made to recognise the emergence of a debate between a human rights criminology, eversensitive to the possibilities of repression and control in Fortress Europe, and an alternative perspective, predicated perhaps on some notion of Social Defence and a realist programme of crime prevention and control across free market Europe.     

Urban Change and Policing: Mass Private Property Re-considered

This article examines a key explanation for the growth of private policing in North America and Western Europe - the influential mass private property thesis (Shearing and Stenning 1981). The discussion of private policing in Western Europe still tends to be heavily influenced by theories developed in the North American context, theories which may be problematic in the contrasting legal, social and economic contexts of Western European nations. The development of more Eurocentric theories has to date been inhibited by the relative paucity of empirical data on the rise of private policing in European countries. Recent research in Britain (Jones and Newburn 1998b) has begun to address this problem, and to map out some important contrasts with the North American experience. By considering these contrasts, it is possible to identify some key areas for future research on private policing in European countries and thus provide a more contextually-grounded series of explanations for what is happening to policing.Joseph Rowntree Foundation Professor of Urban Social Policy     

The Council of Europe Laundering Convention: A recent example of a developing international criminal law

Conclusion With the Laundering Convention, the Council of Europe has contributed once again to the development of the international criminal law and to the promotion of international criminal law cooperation. The Council has shown that it is possible to elaborate a complex, highly technical convention within a period of less than a year so long as the political will exists. It is now a matter for the individual member states and other states to sign, if they have not done so, or to ratify, if they have already signed the convention. The future of the Laundering Convention lies in the hands of those states that have responsibility for its application. An efficient tool for international criminal law cooperation has been created-it must now be used.This is a revised version of a paper presented at an international workshop on Principles and Procedures for a New Transnational Criminal Law, organized jointly by the Society for the Reform of Criminal Law and the Max-Planck-Institute for Foreign and International Criminal Law, Freiburg, Germany, May 21–25, 1991. The opinions expressed are those of the author and not necessarily those of the Council of Europe.Juris kandidat, Uppsala University 1979. The author was Secretary to the Council of Europe expert committee that elaborated the Laundering Convention.     

Interim polio vaccine information materials. Centers for Disease Control and Prevention (CDC), Department of Health and Human Services. Notice

The Centers for Disease Control and Prevention has modified its recommendation for use of the two polio vaccines to discourage use of oral poliovirus vaccine (OPV) for the first two doses administered, except in limited circumstances. This revised recommendation necessitates a revision of the vaccine information statement entitled, "Polio Vaccines: What You Need to Know" (dated February 6, 1997), which was developed by the CDC as required by the National Childhood Vaccine Injury Act of 1986 (NCVIA). To ensure that up-to-date information is available regarding this revised recommendation, CDC is distributing the following interim polio vaccine information statement for use pending completion of the formal revision process mandated by the NCVIA.     

Protecting charities from terrorists … and counterterrorists: FATF and the global effort to prevent terrorist financing through the non-profit sector

What role has FATF played in the global effort to counter terrorist financing through the non-profit sector? How have advocates for the sector responded and what do these developments tell us about FATF’s operations and influence? This article reflects on the emergence and evolution of FATF Recommendation 8, initially introduced as Special Recommendation VIII after the terrorist attacks in the United States on 11 September 2001. We show how the breadth of that recommendation elicited a response in the form of a "transnational advocacy network" among those within the non-profit sector. The resulting process of dialogue and the recent change in the text of the recommendation provide important lessons for scholars and practitioners concerned about FATF's accountability and authority.     

European Labour Law and Severance Pay Determination in Collective Redundancies

In this article, we analyse the effects of institutional procedures for redundancies on the earning losses of redundant workers in Europe. Our approach consists of modelling an ideal case embedding the main characteristics of European Labour Law, in particular, the bargaining between firms and workers on the severance pay after a negative shock. The most striking result is that an exact compensation of the earning losses is only obtained by chance. In particular, we show (including a numerical example) that overcompensation of dismissed workers is a real possibility. On the contrary, the ex-ante bargaining models of severance pay predict a full-insurance result. Therefore, we propose a policy recommendation which consists of changing the ex-post bargaining of severance pay in collective dismissals for an ex-ante bargaining.     

Seeing things differently: restorative justice and school discipline1

… helping to incorporate the principles of human rights, democracy, tolerance and mutual respect, the rule of law and peaceful resolution of conflicts into the daily practice of teaching and learning …2 2. Council of Europe (2004) Education for Europe, retrieved from http://www.coe.int/T/E/Cultural_Co-operation/education View all notes     

The Criminological Enterprise in Europe and the United States: A Contextual Exploration

European criminology obviously means more than simply the collaborative efforts (on drugs, restorative justice, youth gangs) between researchers and scholars from Europe. In this essay, the author compares and contrasts American criminology with criminology in Europe (as it exists in individual countries), without aiming for the essence of European criminology. She points to differences between the US and Europe with regard to the criminological enterprise (such as history, scale, degree of institutionalisation, accessibility, diversity in theory and method, the critical and self-reflexive stance, and focal research questions), and to the differences in doing science, doing justice, and doing crime. American criminology is a powerful influence in Europe, although there may be a tendency to overestimate the importance of American criminology, because of the dominance of English-language publications. American criminology has made many positive contributions to the field of the study of law, crime and social control, and it continues to do so. However, if one defines the essence of American criminology as being policy-oriented, methodologically-driven, and lacking theoretical lustre, diversity, and critical edge, then the fear of Americanisation of European criminology is well-placed. It is not the criminological enterprise of the US per se, but rather the notion of Americanisation which is really at issue here.     

Reconciliation in Times of Impunity: Challenges for Social Justice

In human history there is no lack of malice, revenge, or savagery. The twentieth century has seen 33 million military deaths. Victimization deaths are estimated at six times that number, at 205 million people. The past decade has seen people enslaved, tortured, raped, and persecuted as members of political, racial, ethnic, or religious groups in Latin America, Eastern Europe, Asia, and Africa. Yet we have not seen meaningful prosecution of crimes that have occurred on a massive scale. Former United Nations High Commissioner for Human Rights José Ayala Lasso has stated that a person stands a better chance of being tried and judged for killing one human being than for killing 100,000. This paper examines reconciliation in the aftermath of protracted, deadly, wide scale conflict characterized by impunity when crimes against individuals, groups, and humanity go unpunished. It describes the relevance of moral exclusion theory to conflicts in which dehumanization and violence are normalized, and it argues that impunity is an urgent matter for psychology and social justice research.     

Europe’s new deal: a new version of an expiring deal

The article elaborates upon the reasons of institutional default (Part 1) and, in turn, upon the implications of economic default in Europe (Part 2). In relation to the reasons of institutional default, the paper cast light on three broadly interrelating elements: First, the conceptual issue that the EU has been operating as a community without democracy, which was clearly illustrated in the case of the economic crisis (Sect. 2.1). Second, the structural issue that EU democracy, where applicable, was deprived of politics, in the sense that founding ideology has been completely superseded by the inflexible dominance of free market (Sect. 2.2). And, third, the technical issue that EU politics, where applicable, especially after the Euro-zone launching, lacked principles that could keep the community intact (Sect. 2.3). In relation to the implications of economic default, the paper reveals three salient features. First, the political impact, namely that Europe seems to be puzzled by a sharp division between stability/cohesion and growth/monetarism, which mutates the essential mainstays of a Community (Sect. 3.1). Second, the social impact, i.e. increase of discrepancies within the EU, mostly as a result of diminution of labour rights and the correlating destruction of cohesion (Sect. 3.2). And, third, the psychological impact, which revolves around two antithetical poles, namely stereotyping and nationalism (Sect. 3.3). The epilogue reflects the view that the current depression is both a disaster and an opportunity for Europe, therefore the old messianic deal of the European integration needs an afresh look within the frame of democratic legitimacy and accountability and with an essential preservation of social state.     

False Accounts: Why Do Company Statements Often Offer a True and Fair View of Virtual Reality

This article draws attention to the systematic and organised criminal acts committed by legitimate enterprises and professionals, focusing on accounting fraud. Firstly, the extent and consequences of false accounting are considered, then a theoretical framework is outlined which focuses on structural issues commonly found in financial scandals around the world. The Gokal/BCCI fraud is summarised as a case study offering insights into the motives and modi operandi of accounting frauds. The analysis centres on theoretical and practical lessons to be learned from this case, which is placed in the context of evidence from other frauds in Europe and the USA. The article points to the importance of strains and pressures perpetrators are subject to, the rationalisations they use, the organisational culture and anomie. The author concludes with an outline of the policy implications.     

Crime and the multi-ethnic society: A view from Europe

The old questions about possible relationships between race or ethnicity and crime are shown to be unsatisfactory as they have been based on the wrong assumption that race and ethnic background constitute natural categories. The author discusses recent crime patterns in Europe —and in The Netherlands in particular — that have emerged as a result of societies becoming multiethnic. His research agenda includes the study of contrasting crime profiles, patterns of police selectivity, discrimination and racist violence, culture conflict and internationally organized crime.     

Regulation of Cohabitation, Changing Family Policies and Social Attitudes: A Discussion of Britain Within Europe

This article considers the differing legal and policy responses to the common trends of family restructuring away from marriage within Britain and Europe. Conceding that Europe is in the process of losing heterosexual marriage as a universal epicenter of family law at the very time when legal harmonization within Europe is being promoted, it goes on to explore the best way forward for regulating same- and different-sex cohabiting couples. It concludes that the legal response to these trends should be "de-moralized" but principled. A plurality of legal regulative structures to accommodate the now diverse family forms that are found within our less marriage-centric societies should be put in place providing at least some default protection for all families, yet allowing people to opt out and make their own arrangements.     

中国与欧洲公众环境参与权的比较研究

公众参与权的保障与实现程度直接关系着民主决策的科学性和有效性,关系着全面建设社会主义现代化国家的进程。针对环境问题而言,如何从法律理论与实践两个层面更有效地回应公众的“参与权”,值得深入研究。相较而言,欧洲的相关法律制度走在世界前列,从纵向发展的视角来看,中国和欧洲在保障公众环境参与权的进程以及所面临的挑战方面有着相似之处,欧洲经验对我国有着极其重要的借鉴作用。中国和欧洲公众环境参与权有着不同的理论基础、历史发展进程、参与范围、参与层次、参与阶段以及支持者。基于这些相似性和不同点,立足于中国的具体国情和实际,欧洲公众环境参与权保障法律机制能为我国解决类似挑战提供一些可能路径。     

“Truncated” society: The eastern European cases

The multicultural experience of the author inspires a reflection on the persistence of certain negative features in several societies despite profound transformations not only outside and even also inside them. In the post-communist reality of eastern Europe, the national reconstruction meets obstacles originating not only from the rigid nature of the Soviet style state socialism and the one party rule, but also from the pre-communist heritage. The inability to deal with the past and take a constructive approach to the present and to the future is behind the phenomenon of truncation, preventing the given society to enter the road of a substantial reconstruction in the conditions of free market economy of the Western style democracy.     

Overview of Criminology in Europe

The editors of the European Journal on Criminal Policy and Research wanted to include an article with an overview of European criminology in this special issue on European criminology. But in order to discover whether there is such a thing as European criminology, one should first look at the state of affairs of criminology in the individual countries of Europe. This article is an attempt to do so. It is based on a short questionnaire posted to individuals in 34 European countries, a report by Walgrave and Goris, entitled An Overview of University Institutions of Criminology (1996), an Internet search on selected keywords, and some background material available in the WODC library. It gives an overview of criminological research and research institutes; European co-operation, comparative research and European networks; criminological training; national societies of criminology and criminological periodicals.