Scholarly Influence in Criminology and Criminal Justice of China

Scholarly influence in criminology and criminal justice (CCJ) is not a new topic. However, in terms of international scholarly influence in Chinese criminology, there still exists no relevant literature, though emphasis on studying China has been increasingly recognized by the international criminological academy. The current study conducts a comprehensive analysis of 191 CCJ articles on China from 20 mainstream CCJ journals and locates those who have done work on Chinese criminology. By productivity and citation analysis, we obtain several rankings of the scholarly influence in Chinese criminology. The most prolific individual identified by the current study is Jianhong Liu; the most productive institution is the City University of Hong Kong; the most-cited scholar is Steven Messner, and the most-cited work is Policing and Punishment in China: From Patriarchy to ‘The People’ by Michael Dutton. Though the current study focuses on Chinese criminology, few local mainland Chinese scholars and publications in Chinese are among the dominant contributions.

     

(Re-)Setting the Scholarly Agenda on Transjudicial Communication

We consider the contributions made by Robert H. Bork's Coercing Virtue (2003) and Anne-Marie Slaughter's A New World Order (2004) to the ongoing debate over the citation of foreign law in United States courts. While empirically minded sociolegal scholars might be tempted to dismiss these books as mere op-eds, that would be a mistake. Taken with the spate of other recent work, they supply the makings of an agenda for rigorous research devoted to understanding the exchange of law among nations.     

Some Issues of Scholarly Exegesis (In Indian Philosophy)

The article deals with some facets of the phenomenon of the underdetermination of meaning by (linguistic) data which are particularly relevant for textual exegesis in the historico-philological disciplines. The paper attempts to demonstrate that lack of relevant information is by no means the only important reason why certain issues of interpretation cannot be definitely settled by means of traditional philological methods but that the objective nonexistence of pertinent data is equally significant. It is claimed that the phenomenon of objective under-determination possesses among others two major consequences: (1) A strict separation between the exploration of the history of (Indian) philosophy and philosophical criticism is theoretically incorrect. (2) Transference of indeterminacy and vagueness to the target langue in translations of textual sources is not only legitimate but sometimes most appropriate. Presumably the relevance of the discussed issues is not strictly confined to the area of Indian philosophy.     

Scholarly influence in criminology and criminal justice journals in 1990-2000

The main aim of this research was to investigate changes in scholarly influence by identifying the most-cited scholars in twenty journals: five American criminology journals, five American criminal justice journals, five international criminology journals, and five international criminal justice journals. The most-cited works of the most-cited scholars were also reported. Results obtained in 2000 were compared with previous findings in 1995 and 1990, and with results obtained from analyzing nine journals in 1996-2000. In 2000, the most-cited scholars were Robert J. Sampson in American criminology journals, Francis T. Cullen in American criminal justice journals, John Braithwaite in international criminology journals, and Robert D. Hare in international criminal justice journals. The expansion from nine to twenty journals benefited international scholars such as John Braithwaite and Richard V. Ericson and scholars in less mainstream areas such as Murray A. Straus. Overall, Robert J. Sampson was the most-cited scholar in these twenty journals in 2000, compared with Lawrence W. Sherman in 1995 and Marvin E. Wolfgang in 1990. The prevalence of citations (the number of different articles in which a scholar was cited) and specialization (where a scholar's influence was based on one or two highly-cited works) were also studied.     

The Process is the Rule and the Punishment is the Process

Andrew Ashworth, The Criminal Process: An Evaluative Study , Oxford: Clarendon Press, 1994, 315 pp, hb £45.00, pb £12.95. Andrew Sanders and Richard Young, Criminal Justice , London: Butterworths, 1994, 496 pp, pb £18.95.     

法槌下的正当程序

目前行政法学界对于行政程序的研究,多侧重于理论层面的讨论和构建,走的是一条以立法为导向的研究范式;同时对域外经验的过分关注,使学者们忽视了本土行政法实践中所发生的诸多变革。为此,本文将对行政程序研究的关注点放在我国的司法实践上,通过对个案的研读,来发掘实践中法官对于正当程序的态度以及正当程序在法官判决中的演变;通过对法官判决的制度性效应的观察,思考法官对正当程序在我国的传播和发展中的推动作用。     

The Constitution-Making Process in Poland*

The process of constitution making in Poland since 1989, and the content of the two draft constitutions prepared separately by the Sejm and the Senate are described in this paper. The relatively weak sense of constitutionalism in Poland's tradition is commented on and compared with the role of judicial review by the courts and constitutional tribunals in the United States and Europe. The latter part of the article discusses the role of the Church, the civil society, the unions and voluntary associations in constitution making and in the post-Communist society in general.     

司法过程的性质

司法过程是一种基于经验的判断,是一种利益衡量和自由裁量,在当前中国转型时期体现出协调与变通的特点.司法过程受到各种主客观因素的影响,但促使法官作出公正裁判的关键因素是法官的良知.基于良知的衡平,是司法过程最重要的特征.     

中国唐律研究三十年

三十年来,中国出版、发表了唐律研究著作19部,论文476篇,大致可分为注释类、系统阐述类、专题研究类,研究成果丰硕,研究队伍扩大,研究影响凸显。唐律在唐朝、中国古代、东亚乃至世界法律史上具有十分重要的地位,中国三十年来法学教育有了大发展以及思想解放和学术环境宽松等,是唐律研究成就显著的主要原因。前瞻唐律研究,要拓展唐律的文本研究、比较研究、文化研究、实证研究、实施研究、史学史研究,加强对海外唐律研究成果的吸收,打开唐律研究的新局面。     

The Political Organization of Soviet Society: Principal Emphases in Scholarly Research (A Survey of the Literature of 1973-75)

The decisions of the Party orient all the social sciences, including the legal disciplines, to deeper and more diverse investigation of various spheres of the sociopolitical life of Soviet society and to study of the most recent tendencies and phenomena in the work of various sociopolitical institutions. An important place in this regard is occupied by the treatment of questions pertaining to the political organization of Soviet society. Considerable attention has been paid in our literature and in that of the socialist countries to study of this subject, particularly in recent years. This is shown, in part, by the appearance of a number of specialized books treating various aspects of the political organization of Soviet society and also by a large number of articles. (1)     

D. Hovell,The Power of Process: The Value of Due Process in Security Council Decision-Making

Netherlands International Law Review -     

论“使用盗窃”

祖某 ,自幼喜玩名车。祖某自 1997年起先后盗走他人汽车数十辆 ,有的弃置路旁 ,有的开回原处 ,并没有长期窃占他人车辆 ,但其盗开车辆行为导致失主丢失车辆五部 ,价值 10 0万余元。问 :1 使用盗窃为何义 ?2 使用盗窃的国内外立法存在何种不同 ?3 使用盗窃当作何种犯罪论处 ?4 偷开汽车行为应作何种处理 ?一、使用盗窃涵义考一般意义上 ,使用盗窃是指以非法使用为目的 ,秘密窃取他人财物的行为。在我们看来 ,使用盗窃应当具有两个基本特征 :一是使用的目的 ;二是盗窃的行为。使用目的是指行为人主观方面并非非法“所有”公私财物 ,而是暂时…     

论量刑中的归因

长期以来,犯罪原因一直被我国刑事立法和刑法理论排除在量刑情节之外.笔者认为,犯罪原因对量刑有着重要影响,应该成为量刑情节.法官在量刑中寻找犯罪原因情节的过程是归因,量刑归因必需遵循一定的原则和方法.量刑归因偏差违反了罪刑均衡原则,必须克服.笔者认为,在刑事立法与刑事司法中必须考虑到归因.