案件管理平台设计思路及创新——基层检察院案件管理体系构建的五个基本问题

以ISO9000族标准为参照系,立足于检察执法及管理面临的现实问题,以基层检察院案件管理为视角,剖析了案件管理体系构建的五个基本问题,提出了案件管理制度体系创新及运行机制改革的基本路径,并在此基础上提出了设计、选择科学、规范、实效的基层检察院案件管理模式的新思路。     

论跨界案件共同管理及其实践

跨界案件共同管理的兴起是国内案件管理的司法改革运动在国际社会的反映,也是国际民商事司法与行政合作的高峰。这种做法目前虽未普遍化,但在跨界破产的管理、临时措施的协调、集体事故的处理和儿童的跨界保护等诸多领域已发挥出积极作用,且有进一步扩大化的趋势。当然,这种模式的和谐发展尚受到国家司法主权、国际条约协调和司法能动主义等方面的限制。     

Outcomes of Case Management for African-American Men in Batterer Counseling

Case management for additional referrals has been recommended especially for African-American men in batterer counseling programs. Additional services addressing “at risk” needs may help to improve batterer program outcomes. To test this expectation, a quasi-experimental evaluation of a case management project was conducted for both “intention-to-treat” and “received-treatment.” The case management included brief assessment at batterer program intake, referral to relevant services, and follow-up calls from batterer program staff. Re-assault and re-arrests during a 12-month follow-up, along with program dropout from the 16 required sessions of the batterer program, were compared for 202 African-American program participants under case management and a sample of 482 African-American participants previously in the batterer program. In both bivariate and confirmatory multivariate analyses, neither the case management nor actual service contact significantly improved outcomes. However, the small portion of men contacting drug and alcohol treatment did tend toward better program outcomes. Poor implementation of the case management procedures may have contributed to the overall weak effects.     

A Case Management Instrument for Use in Juvenile Justice Systems

The Youth Level of Service/Case Management Inventory (YLS/CMI) is a standardized instrument designed to assist juvenile justice system personnel in assessing risk and needs in their clients and in case planning. The measure is presented as an alternative to the unstructured informal assessments that so often guide decisions in these systems. It is relevant to all phases of the judicial process, including decisions regarding pretrial detention, transfers and waivers, preadjudicatory diversion, and sentencing. It is particularly relevant to case planning in community and institutional settings. The instrument is described, issues in application discussed, and the available psychometric information reviewed.     

A Randomized Trial of Probation Case Management for Drug-Involved Women Offenders

This paper reports findings from a clinical trial of a probation case management (PCM) intervention for drug-involved women offenders. Participants were randomly assigned to either PCM (n=92) or standard probation (n=91), and followed for 12 months using measures of substance abuse, psychiatric symptoms, social support and service utilization. Arrest data were collected from administrative datasets. The sample (N=183) included mostly African American (57%) and White (20%) women, with a mean age of 34.7 (SD = 9.2) and mean education of 11.6 years (SD = 2.1). Cocaine and heroin were the most frequently reported drugs of abuse, 86% reported prior history of incarceration, and 74% had children. Women assigned to both PCM and standard probation showed change over time in the direction of clinical improvement on 7 of 10 outcomes measured. However, changes observed for the PCM group were no different than those observed for the standard probation group. Higher levels of case management, drug abuse treatment, and probationary supervision may be required to achieve improved outcomes in this population.     

检察机关案件管理理论创新和机制构建

国家法律监督机关如何强化对检察权运行的横向监督制约、纵向统筹管理,确保各项检察职权依法正确行使,是全国检察机关面临的一个重大课题.加强和改进案件管理是检察机关顺应司法改革潮流,自我完善、自我监督的内在要求.以现代管理理念为支撑,探索建立检察机关内部监督制约机制,确保法律监督职能的公正性和权威性,是新时期检察机关管理体制创新的着力点.     

Evaluation of Probation Case Management (PCM) for Drug-Involved Women Offenders

Based on availability of case management services, drug-involved women offenders entered either a probation case management (PCM) intervention (n = 65) or standard probation (n = 44). Participants were placed in the case management condition until all slots were filled, then placed in standard probation until case management slots opened. Participants were interviewed at program entry and at 6 and 12 month follow-up using measures of substance abuse, psychiatric symptoms, and social support. Results showed modest change over time in both conditions, but PCM did not result in more services or treatment, or in better outcomes, than standard probation. These findings are discussed in the context of study limitations, and in the context of state initiatives like those in Arizona and California designed to apply treatment as an alternative to incarceration.     

城镇社区网格化管理浅析——以吉林省通榆县为例

社区是城镇管理的基础单元。在社会管理创新的时代背景下。传统的自上而下的社区管理、社区服务已不适应现代城镇管理的要求,因此,社区网格化管理这种新的城镇管理模式应运而生。本文以吉林省通榆县为例,分析了城镇社区网格化管理取得的成绩以及实施社区网格化管理存在的问题。在此基础上提出了相应的对策和建议。     

An Interdisciplinary Case Management Protocol for Child Resistance or Refusal Dynamics†

High‐conflict parental separation cases associated with child's estrangement or contact refusal take an unusually large amount of court time and generate high emotional costs for parents and children. This paper reports on a study of a research‐based pilot project and protocol, called the Parenting Conflict Resolution (PCR), which is intended to reduce parental conflict, improve interparental communication, and support or restore the parent–child relationship. The protocol was developed at the Superior Court in Quebec City (Canada), and involves single judge case management, and lawyers' commitment to have the child's best interests as their primary consideration and to guide their clients to trust the process. The assigned judge and lawyers have the ongoing involvement of a mandated psychotherapist, taking a family systems approach with the case. The PCR also requires the parents to participate in a psycho‐educational, introspective group program to work on co‐parenting and communication skills. Ongoing communication between the professionals involved in the PCR is required to ensure cohesion and accountability. This pilot project was implemented with 10 high‐conflict families, 6 of which presented with the child's resistance or refusal to see one parent. A qualitative data study was undertaken into the experiences of all the participants. The most salient result is the resumption of parent–child contact in all six contact refusal cases. Discussion highlights key elements to successfully address these cases: (a) interdisciplinary program delivery, (b) systemic understanding of the contact problems, (c) focus on the child's best interest, (d) single judge assigned to the case, (e) lawyers' support of the parents' participation, and (f) psychotherapist reporting to the court.     

Predicting institutional misconduct using the Youth Level of Service/ Case Management Inventory

Offender assessment in corrections has advanced considerably over the last several decades. Currently, it is not uncommon to find correctional professionals using any number of objective standardized assessment instruments. While many of these instruments possess face validity as well as statistical predictive validity, more work is needed to test classification protocol on new populations, and in various correctional environments. The current paper investigates the predictive validity of the Youth Level of Service/Case Management Inventory (YLS/CMI) within an institutional setting. Specifically, the composite score rendered from the YLS/CMI is used to predict institutional misconduct. The YLS/ CMI was found to effectively differentiate between two levels of offender risk/ need, and was significantly related to outcome using several different statistical techniques.     

由一起行政复议案件引发的对消防法律、消防管理的思考

本文通过介绍一起因消防设计备案引起的行政复议案件,反映出现行消防设计备案制度、火灾隐患整改制度、消防安全举报投诉制度和公安消防体制等方面存在一些问题,并就此问题进行了认真分析研究,并提出了完善消防设计备案抽查制度、规范消防安全举报投诉的处理程序、加强对建筑管理(行政复议)等方面法律法规的学习、理顺公安机关与消防机构的隶属关系等加强和改进消防工作的意见和建议.     

Ethical Implications of Methodological Settings in Arts Management Research: The Case of Performance Evaluation

In this article, we analyze research on the evaluation of the artistic outcome of arts organizations. Inspired by Wicks and Freeman's new pragmatic approach to organization studies, we give an ethical question a central role in our analysis: to what extent is current research able to serve the needs of individual arts organizations and their communities? Our results highlight the influence of research traditions on the ethical implications of performance evaluation research. To serve the arts world, further research should aim at in-depth understanding of the specific complexity of different contexts rather than at decontextualized generalization of simplified universal principles.     

Judicial Management of the Pretrial Process in Massive Litigation: Special Masters as Case Managers

This article reports on the experience of Special Masters appointed to regulate pretrial phases of a large civil antitrust suit. It describes techniques for expediting discovery, determining claims of privilege in production of documents, establishing stipulations of undisputed facts, and controlling and resolving disputes arising in discovery. It suggests a "managerial" approach to pretrial that is flexible and experimental and that may be useful in controlling the pretrial phase of other "big" cases.     

Decision Making at the Firm Level: The of a Criminal Legal Aid Case Management System

The Criminal Legal Aid System, in Scotland as in England, is under severe economic strain. A key element in the legal profession's response should be reliance on IT in improving the efficiency of criminal legal aid case management. This paper is a work-in-progress report on our involvement (under a Teaching Company Scheme Project) with a Glasgow criminal practice and their use of an existing case management and automation tool. Although the focus of the research is on improving the scope of the present system, our work has involved us in an exploration of decision-making processes at the level of the firm and the role of computerisation and automation at all levels in the firm. More specifically, our investigations focus on the interaction of the fee earners and paralegals in the use they make of information and how, applying management science techniques, they could improve on that use. This in turn led to a reconsideration of how the case management system uses information available to the differing levels of “decision makers” within the firm. This creates an interesting contrast with the “decision making” process at the level of adjudication.     

Improving Judicial Controls over the Pretrial Development of Civil Actions: Model Rules for Case Management and Sanctions

This article follows two earlier pieces in which the author reported the findings of a pilot empirical exploration of how well the discovery system in civil litigation is functioning. Brazil begins by focusing on the principal problems his field studies exposed and by suggesting a theory of discovery reform which responds to the nature and sources of those problems. His principal thesis is that too often neither judges nor attorneys assume sufficient responsibility for the discovery system as a system. Most of this article is devoted to two major proposals that are designed to promote in the judiciary and in counsel a sense of responsibility for the pretrial system and to equip the judiciary to convert that sense into action. Brazil proposes a comprehensive model rule that courts could use to manage the pretrial development of civil actions. He then uses his model as a background for suggesting modifications to and extensions of the proposed revision of Rule 16 that the Advisory Committee on Civil Rules has circulated for comment. He also offers a critique of current provisions for sanctions and advances an alternative sanctions rule that acknowledges a right to compensation for damages caused by an opponent's breach of pretrial obligations and that reduces the scope of judicial discretion to refuse to impose compensatory awards.     

基于无缝隙政府的社会管理创新——以东莞为例

无缝隙政府所倡导的顾客导向、竞争导向和结果导向的治理理念为社会管理创新提供了新的视角。基于无缝隙政府理念,东莞在社会管理创新方面进行了有益的探索,以信息共享促进部门无缝隙衔接,优化业务流程促进无缝隙审批,以扁平化改革推动社区服务无缝隙对接。本文认为,未来的政府管理创新,应倡导无缝隙政府理念,以公众需求为导向提升公共服务的价值,以市场竞争为导向探索公共服务市场化供给,以结果为导向完善绩效评价体系。     

疑案·存案·结案——从春阿氏案看清代疑案了结技术

清末春阿氏杀夫案在司法档案和纪实小说中有着不同版本。刑部、法部和大理院轮番审理,未能查出事实真相。大理院迫于结案的压力,以存案的方式了结了该案。判决书内容含混,而处理疑案的技艺则甚为高超。以疑案及其结案技术为切入点,重新审视并评价皇权下的司法实况,可以观察到司法现实复杂而生动的本来面目。