宪政审查中法院与民主的矛盾及解决方式评析——一种比较法的视角

法院与民主之间的矛盾是实行宪政审查制度的国家面临的共同问题,本文从三个方面阐述矛盾的存在:对议会立法进行审查的必要性,由独立的司法性质的机构——法院作为审查主体的正当性和宪政审查实践中存在的法院与民主之间的紧张关系;从比较法的角度对解决矛盾的方式——修宪和法院的自我约束进行了评析,以期对我国的宪政建设有所帮助。     

Research on the judicial review and variation of sentence for the death penalty with a suspension of execution in Chinese criminal law

The imposition of a death penalty with a suspension of execution (DPSE) for two years, and the procedure for judicial review of the DPSE both demonstrate the Chinese policies of “reduction in use of the death penalty,” “cautious application of the death penalty,” and “tempering justice with mercy.” In recent years, the number of cases in which the defendant was sentenced to death and immediately executed has declined, whereas the number of cases in which a DPSE sentence was given has increased. In China, judicial theory and practice generally emphasize the importance of the judicial review procedure in cases where the sentence is a death penalty with immediate execution. However, less attention has been paid to the procedures for review and variation of sentence in DPSE cases. Judicial review for DPSE sometimes exists in name only, and is sometimes overlooked altogether, which is inappropriate for a penalty of this severity. There are also serious shortcomings in the laws regulating the review procedure for the DPSE, which lack provisions specifying the consequences for serious violations of due process during trial, nor do they completely reflect the principle of in dubio pro reo. In the procedure for variation of the DPSE sentence, the relevant laws do not adequately uphold the defendant’s right to a defense or participation in the process. There are also difficulties regarding the time limits on ruling on a commutation of sentence. In order to make the procedure more reliable and guarantee the substantive rights of defendants sentenced to the DPSE, the relevant laws require a number of modifications and improvements.     

The challenge of public law law reform: reflections on a failed Law Commission project

This article reviews the history of the Law Commission project on administrative law and the citizen from 2003, a project which the Law Commission essentially substantively ended in 2010. The project provides lessons both about the initiation and design of law reform projects and on the prospect of law reform being institutionally capable of contributing to the development of core areas of public law.     

Autoerotic deaths in the literature from 1954 to 2004: a review

Autoerotic death by hanging or ligature is a method of autoeroticism well known by forensic pathologists. In order to analyze autoerotic deaths of nonclassic hanging or ligature type, this paper reviews all published cases of autoerotic deaths from 1954 to 2004, with the exclusion of homicide cases or cases in which the autoerotic activity was not solitary. These articles were obtained through a systematic Medline database search. A total of 408 cases of such deaths has been reported in 57 articles. For each case, the following characteristics are presented here: sex, age, race, method of autoerotic activity, cause of death, and location where the body was found. Autoerotic death practioners were predominantly Caucasian males. Victims were aged from 9 to 77 years and were mainly found in various indoor locations. Most cases were asphyxia by hanging, ligature, plastic bags, chemical substances, or a mixture of these. Still, atypical methods of autoerotic activity leading to death accounted for about 10.3% of cases in the literature and are classified here into five broad categories: electrocution (3.7%), overdressing/body wrapping (1.5%), foreign body insertion (1.2%), atypical asphyxia method (2.9%), and miscellaneous (1.0%). All these atypical methods are further discussed individually.     

Sibling incest: A literature review and a clinical study

Abstract

Few previous studies have explored the characteristics and dynamics of adolescent sibling incest. The objectives of this paper were twofold: first, to conduct a literature review that accounts for earlier research in the area, and secondly, to conduct a clinical study to explore differences regarding the characteristics of a group of adolescent sibling incest offenders (n=21) compared to a group of adolescent non-sibling offenders (n=24). Comparisons were made regarding variables such as family dysfunction, the offenders' prior victimization and offending behaviour. The data were derived from intake assessment files and semi-structured interviews with 45 adolescents who had sexually offended. The sibling incest offender group had grown up more often in dysfunctional families. Moreover, the results indicated that the offending behaviour in the sibling incest group was more severe. The study gives some empirical support for the possibility that sibling incest can be one sign, among others, of maltreatment during childhood.     

Ethical issues in child and adolescent forensic psychiatry: a review

Ethical challenges in child and adolescent forensic psychiatry arise, on the one hand, from the dilemmas commonly faced in forensic psychiatry with adult patients, such as the dual role of the forensic psychiatrist, questions of criminal responsibility, autonomy and competence and involuntary treatment, and, on the other, from the immaturity and dependent position of the minor. Child and adolescent forensic psychiatry deals with minors involved in crime, not only as offenders, but also as victims. In this review, we attempt to describe ethical challenges in child and adolescent psychiatry using as a frame of reference the principles of biomedical ethics according to Beauchamp and Childress.     

法治政府的宪政诉求与宪政途径

法治政府建设是我国人民政治生活中的一件大事，法治政府的终极归宿在于维护民权，保障民生，顺乎民意，法治政府所体现的“民本”思想与完政理念完全契合，宪法作为根本大法对法治政府建设具有支配和指导作用，构建法治政府必须遵循宪法精神，反映完政诉求，在完政的框架之内运行。     

Surveillance cameras and crime: a review of randomized and natural experiments

Research on the effectiveness of surveillance cameras in reducing crime suffers from potential threats to causal validity. This paper reviews seven studies that address some of these problems using the rigorous research designs of randomized and natural experiments. Included studies that reported changes in total crime found crime reductions ranging from 24 to 28% in public streets and urban subway stations, but no desirable effects in parking facilities or suburban subway stations. Moreover, surveillance cameras may help reduce unruly behaviour in football stadiums and theft in supermarkets/mass merchant stores. These findings indicate that video surveillance can reduce crime in several settings.     

Judicial review of penalty clauses in Spanish law： A reason to not converge towards other European laws

Unlike the majority of European civil law systems （France, Germany, Italy, Austria, Belgium, Portugal and Switzerland）, the UNIDROIT Principles and the projects for the harmonization of European Private Law （PECL, DCFR and Gandolfi Code）, Spanish law only allows courts to reduce the sum stipulated by the parties in a penalty clause if the breach of contract has less entity than the one anticipated. Hence, the judicial review of penalty clauses on the grounds of equity is excluded. This paper aims to analyze why this is the most desirable solution in terms of efficiency, and why Spanish law should not converge towards other European laws.     

Spinouts from academic institutions: a literature review with suggestions for further research

This paper provides a comprehensive literature review of the phenomenon of spinouts from academic institutions. We systematically identified spinout papers in key management journals, categorised the literature and critically synthesised the findings. We present the findings of each literature stream in turn and also identify inconsistencies and directions for further research. We conclude that while the early literature has been mainly atheoretical and focused on describing the phenomenon, a core group of recent studies were theory-driven.

Violence prevention in psychiatry: an umbrella review of interventions in general and forensic psychiatry

Relative risks of violence in psychiatric patients are high compared to the general population and existing evidence in non-psychiatric populations may not translate to reductions in violence in psychiatric populations. We searched 10 databases including Medline, EMBASE, CINAHL and Scopus, from inception until August 2015 for systematic reviews and meta-analyses of violence prevention interventions in psychiatry. Reviews were included if they used a hard outcome measure (i.e. police or hospital recorded violence, or reincarceration) and contained randomized or non-randomized controlled studies. Five reviews met our inclusion criteria (n = 8876 patients in total), of which four received a GRADE rating of ‘low’ or ‘very low’. Three randomized studies (n = 636) reported that therapeutic community interventions may reduce reincarceration in drug-using offenders with co-occurring mental illness (‘moderate’ GRADE rating). The lack of intervention research in violence prevention in general and forensic psychiatry suggests that interventions from non-psychiatric populations may need to be relied upon.