2001年刑事执行法学研究的回顾与展望

一、研究概况 2001年是新世纪的第一年.在这一年里,刑事执行法学的研究呈现一派欣欣向荣的景象,理论研讨热烈而富有成效的展开.据不完全统计,本年度在各类刊物上发表的有关刑事执行法学的论文有200多篇.出版的专著有:葛炳瑶主编<依法治监论>、王利荣著<行刑法律机能研究>、夏宗素、朱济民主编<中外监狱制度比较研究文集>以及由中国监狱学会和加拿大刑法改革与刑事政策国际中心合著的<中加矫正制度比较研究>等.     

Technological innovation in law enforcement

Using data from two studies an analysis was made of producers' involvement in marketing new law enforcement equipment and of how law enforcement organizations came to adopt/reject these products. In general, the new product system in law enforcement was seen as involving 1) producers using technologies developed in other sectors to make “new” products for law enforcement users who 2) tend to not actively search for new products but wait to be made aware of new product developments and who 3) tend to engage in limited testing procedures.     

Brief history of law enforcement intelligence: Past practice and recommendations for change

Controversies have surrounded law enforcement intelligence because of past instances where the police maintained records of citizens' activities that were viewed as suspicious or anti-American, even though no crimes were being committed. This, of course, violates fundamental constitutional guarantees and offends the American sense of fairness with respect to government intrusiveness. Unfortunately, the boundary is not precise regarding the types of information the police can collect and keep. Some legal guidelines appear contradictory and the application of law to factual situations is often difficult. Beyond the legal ramifications, early intelligence initiatives by the police typically lacked focus, purpose, and process. Important lessons can be learned from these historical experiences that provide context and guidance for law enforcement intelligence today. Aggravating the [kinds of factors referred to above] has been the tenuous relationship between law enforcement intelligence and national security intelligence that has changed continuously since the mid-20th century. These changes have been both politically and legally controversial, responding to changing socio-political events in American history and most recently through post-9/11 counterterrorism efforts. As a result, there is value in understanding selected portions of history from both types of intelligence to gain context and understand the lessons learned.     

Joining anthropology and law enforcement

The role of anthropology in law enforcement involves three aspects of law enforcement activity; forensic anthropology, police-community relations research, and legal ethnographic research on the law enforcement agencies themselves. The first of these contributions to law enforcement by physical anthropologists faces competition from other closely related fields. Police-community relations research is a potential growth area for the application of anthropological efforts, as is legal ethnographic analysis of police organizationa. These latter two areas are within the realm of social anthropology, while the former is a specialty of physical anthropology. This article reviews the contributions of anthropologists and the applications of anthropological methods to law enforcement. It contends that criminal justice educators and police practitioners alike can benefit from knowing more about how these anthropological specialties have contributed and can continue to contribute to law enforcement.     

执法人性化争议

执法人性化在我国的刑事执法领域和行政执法领域是比较时髦的话题,但实践中依然存在一些错误倾向,本文主要探讨执法人性化的必然性和如何实现执法人性化的问题。     

论反垄断法执法主体的设置——从执法权分配角度分析

市场经济的核心在于维护一个公平有效的竞争机制。而反垄断法因其在保护、促进竞争和维护市场秩序方面起着基础和统领作用．被誉为“经济宪法”。徒法不足以自行，光有一部精良先进的法律条文是不够的，还得通过法的实施．方能实现法的效果。在法律实施机构之间划分执法权．是法律实施体制中其他制度运行的前提，对于法律的有效实施有着重要的意义。本文主要从执法权划分角度探讨反垄断法实施体制中执法主体的设置，以及执法机构与行业监管机构在反垄断监管领域内的关系，通过比较国外的法律规定及实践，并对我国实施不久的《反垄断法》进行评述．综合分析中国现有反垄断执法主体执法权分配中存在的问题，进而提出完善我国现有反垄断执法主体体制的建议一     

Detection of deception in law enforcement applicants

Using the MMPI and the IPI, the present study examined the differences in psychometric defensiveness between two groups of law enforcement applicants: applicants identified as being deceptive and a comparison group of candidates for whom no deception was indicated. Significant differences were found on the traditional validity (minimization) scales for both instruments as well as several supplemental scales and indexes from the MMPI. A new index (Es-K) from the MMPI showed a highly significant difference between groups and good classification accuracy. The results suggest that deceptive applicants show more defensiveness on psychometric testing and that test results may assist in raising the index of suspicion for detecting deception in law enforcement applicants.     

Competition law enforcement under informational asymmetry

China-EU Law Journal - Competition law enforcement, whether by public officials, private parties and consumers or the courts, has to resolve informational and resource asymmetries. Current EU...     

刍议卫生行政执法裁量权

当今卫生行政执法工作中存在大量裁量权不当行使甚至裁量权滥用的现象,而对于卫生行政执法领域的裁量权却难于查找到权威的理论依据。因此,对于卫生行政执法裁量权的理论研究极具价值。     

An optimal anti-drug law enforcement policy

This article presents a model for a drug law enforcement policy whose objective is harm reduction, including the net cost of law enforcement, social harm and surplus of agents. We consider a vertically organized distribution system with two levels, traffickers and retailers. The two questions concern which type of sellers have to be prosecuted and which law enforcement policy should be implemented that is, the probability of being caught and the severity of the punishment. We show that a trafficker-oriented law enforcement regime can avoid counter-productive policies. Moreover, decriminalization or depenalization is optimal under some conditions depending on the relationship between social harm and consumption.     

Technology transfer of computer-based applications in law enforcement

As the use of computer-based technology has expanded in law enforcement, one of the central questions is how technology transfer has contributed to this development Drawing on a range of past and current research studies, the paper notes that the expectations of transfer have often exceeded the realities. Factors which both inhibit and enhance technology transfer in law enforcement are therefore outlined, and recommendations for the future are set forth.     

Measuring double consciousness among black law enforcement officers to understand the significant role of race in law enforcement occupational cultures

The current study correlates Merton's anomie theory and W. E. B. Dubois's double-consciousness theory to measure black law enforcement officers' reactions to occupational strain resulting from officers' ethnic-identification. Measuring levels of anomic behavior provides a scale for identifying levels of risk affecting the well-being of individual officers and organizations. Testing hierarchal regression models with a national sample of black state- and federal-level law enforcement officers (n = 84) reveals a presence of double consciousness as a significant predictor for levels of anomic behavior in law enforcement occupational cultures. It also further suggests that race remains a significant factor in law enforcement organizations and cultures, whereas many police executives would prefer to believe that race issues in policing are settled.     

Positional asphyxia during law enforcement transport.

Three cases of positional asphyxia are described that occurred while victims were in a prone position in rear compartments of police patrol cars. These deaths are attributed to positional asphyxia. Autopsy findings and specific scene and circumstantial correlations of the investigation are discussed with emphasis placed on the limitations of interpretation of the anatomic changes at autopsy.     

Community policing within campus law enforcement agencies

Campus law enforcement agencies (CLEs) are critical components of the criminal justice system; thus, how they organize is of special interest. CLEs are thought ideal for community policing, a strategy requiring organizational change, yet little research exists on CLE organizations or their use of community policing. This study examines community policing within CLEs and how it impacts organizational structures. The data were gathered in a national BJS survey of CLEs. Results indicated that community policing was only significantly related to formalization. Contrary to community policing mandates, community policing was related to more written policies. Implications and future research are discussed.     

Occupational stress and psychological functioning in law enforcement officers

Law enforcement officers experience a variety of stressors because of their police work responsibilities. The use of avoidance coping in order to cope with emotions, thoughts, and memories of traumatic or stressful events may explain increases in occupational stress and poorer psychological functioning. In this study, avoidance coping, occupational stress, and psychological distress were assessed in law enforcement officers. The sample was majority Caucasian, male, and married with a mean of 12.4 years of law enforcement experience. Results indicated that participants reported high levels of psychological distress as compared to an adult male non-patient sample. The use of avoidant coping was associated with higher levels of organizational stress. Additionally, a predictor of psychological distress was the use of avoidant coping strategies and high levels of occupational stress, respectively. Implications of these findings concerning the role of workplace acceptance in a law enforcement setting are discussed. Authors’ Note: Significant institutional support was provided by the police administration to conduct this study. The authors would like to thank all of the police officers that took their time to participate in this study. This study was funded by a fellowship from the Jim Mikawa Ethnic Minority Fund. Data collection was provided by Rebecca M. Pasillas. Natalie M. Rice. Kathleen M. Palm. Leah, M. Leonard, and Lindsay Gray.