Improving the Administrative-Territorial Structure of the Soviet State

In conjunction with the drafting of the new Constitution of the USSR, there is much of theoretical and practical value to be gained from discussion of the problem of further improvement of the administrative-territorial structure of the Soviet State and elaboration of specific proposals to establish it in law. The importance and complexity of these questions demand generalization of historical data on the territorial organization of the Soviet State analysis of the present administrative structure of the union republics and discovery of the laws governing the process under study.     

党员领导干部提高岗位能力之探讨

开展党员先进性教育活动,保持共产党员先进性是新形势下提高党的执政能力的重要途径。党的十六届四中全会明确提出“提高党的执政能力,巩固党的执政基础”的重大历史决策。劳动教养机关在实施依法治国基本方略的进程中,担负着维护社会稳定,构建社会主义和谐社会的重要任务,党员领导干部在实践中,如何运用科学发展观指导劳教工作的发展、保持先进性,笔者认为,应着重提高七种岗位能力。     

不断提高司法行政系统反腐倡廉建设科学化水平

1月11日,司法部部长吴爱英主持召开部党组会议,传达学习胡锦涛总书记重要讲话和十七届中央纪委七次全会精神,研究贯彻落实意见。吴爱英强调,要把学习贯彻胡锦涛总书记重要讲话和十七届中央纪委七次全会精神作为司法行政系统当前和今后一个时期的重要政治任务,扎实推进反腐倡廉各项工作,不断提高司法行政系统反腐倡廉建设科学化水平,保持司法行政系统党员干部队伍的纯洁性,为全面推进司法行政工作改革发展提供坚强保证。     

From Planning to Prototypes: New Ways of Seeing Like a State

All states have pursued what James C. Scott characterised as modernist projects of legibility and simplification: maps, censuses, national economic plans and related legislative programs. Many, including Scott, have pointed out blindspots embedded in these tools. As such criticism persists, however, the synoptic style of law and development has changed. Governments, NGOs and international agencies now aspire to draw upon immense repositories of digital data. Modes of analysis too have changed. No longer is legibility a precondition for action. Law‐ and policy‐making are being informed by business development methods that prefer prototypes over plans. States and international institutions continue to plan, but also seek insight from the release of minimally viable policy mock‐ups. Familiar critiques of law and development work, and arguments for its reform, have limited purchase on these practices, Scott's included. Effective critical intervention in this field today requires careful attention to be paid to these emergent patterns of practice.     

抗制国有资产流失犯罪对策研究

国有资产流失犯罪给我国国民经济的发展造成了巨大的损失,成为我国经济、政治安全的巨大障碍.从对我国国有资产流失犯罪的原因分析人手,提出双层国有资产流失犯罪抗制模式的构想,强调从国有资产监管体系的完善和国有资产法律体系的完善两个层次构建我国国有资产流失犯罪的预防控制体系.     

生存能力、生存权利与生存权利的保护方式

人的生存能力与生存权利是两个不同的概念,前者主要表现在人与自然的关系上,后者则表现在人与人的关系上。我国把生存权视为人民的首要人权,客观原因是我国的经济发展程度,主观原因是党和国家的人民性。我国尊重和保障人民生存权的基本方式,是以国家引导经济发展为主,建立健全社会保障体系为辅。     

Empowering Victim Advocates: Organizing Against Anti-gay/lesbian Violence in Canada

This article provides an account of an emancipatory, community-based response to anti-gay/lesbian violence in Canada by outlining the model developed by The 519Church Street Community Centre Anti-Violence Programme (The 519), previously known as the Victim Assistance Programme. The data for this article was obtained through participant observation over a five year period from1993–1997. The goal of this article is to document and critique the model developed at The 519 by focussing on advocacy, policing issues, education, and the production of knowledge about anti-gay/lesbian violence. While the Committee's inclusionary agenda seems to be the most strategic approach to gaining equity in services in existing institutions, contradictions arise which suggest that ruptures exist between the promise of mainstream institutional change and resistance to lesbian, gay, bisexual, transgendered, and queer (LGBTQ) activism. This revised version was published online in July 2006 with corrections to the Cover Date.     

India's Grand Advocates: a legal elite flourishing in the era of globalization

This article examines a flourishing group of elite litigators, that we call ‘Grand Advocates’, who practice before the Indian Supreme Court and some of India's High Courts. In a court system marked by overwhelmed judges with little assistance, multiplicity and blurriness of precedent, and by the centrality of oral presentation, the skills and reputational capital of these lawyers enables them to play a central, lucrative, and unique role. Indeed, it is often the Grand Advocates, as much as the judges, who lead and propel forward the Indian judicial system.     

金融危机下健全中小企业服务指导体系的立法思考

近年来中小企业的迅速发展已使其成为国民经济体系中的重要组成部分,在其发展的同时,中小企业也面临着诸多障碍,本文结合当前国际金融危机阐述现阶段我国中小企业服务指导体系的立法缺失及健全中小企业服务指导体系的必要性,同时就《江苏省中小企业促进条例》等相关规定对我国健全中小企业服务指导体系进行立法思考。     

Unger's Advocates: Assessing the Possibilities for Law Practice as a Transformative Vocation

Abstract .
This article focuses on a critical interpretation of the work of Unger. It is argued that Unger's view is less revolutionary than he depicts it and that American law often develops as Unger describes it, though this is absolutely no revolution. The authors further show what the possibilities and the limits of a transformative vocation at the bar can be.     

The Impact of the COVID-19 Pandemic on Intimate Partner Violence Advocates and Agencies

Relatively few studies have considered the impact of the COVID-19 pandemic on intimate partner violence (IPV) advocates or the agencies where they work. In this study, based on United States IPV advocates’ experiences working with survivors during the COVID-19 pandemic, we conducted interviews to explore: 1) personal challenges and resilience working as IPV advocates during the COVID-19 pandemic; 2) how agencies adapted to the pandemic to support IPV survivors and advocates; and 3) specific needs and challenges of culturally-specific agencies. We conducted semi-structured interviews with 53 IPV advocates from June to November 2020. Participants were included if they worked directly with survivors, identified as an IPV advocate, worked at a US-based agency, and spoke and understood English. We created a sampling matrix to ensure adequate representation from IPV advocates serving survivors from communities which have been marginalized. Interviews were conducted through a virtual platform by a trained member of the research team. We used an inductive thematic analysis approach, with weekly coding meetings to resolve discrepancies in coding. Five themes emerged from the data: 1) IPV advocates described how working as an IPV advocate during the COVID-19 pandemic impacted them personally; 2) agencies developed new methods of addressing IPV advocates’ needs; 3) agencies developed new solutions to address pandemic-related client needs; 4) transitioning advocacy work to virtual formats created challenges but also opportunities and; 5) pandemic limitations and impacts compounded pre-pandemic challenges for culturally specific agencies. IPV advocates are frontline workers who have played essential roles in adjusting services to meet survivor needs during the COVID-19 pandemic while simultaneously coping with pandemic impacts on themselves and their agencies. Developing inter-agency collaborations and promoting advocates’ safety and wellbeing during future public health crises will help support IPV survivors.

     

Al Rawi,Tariq, and the Future of Closed Material Procedures and Special Advocates

This note considers the impact of the Supreme Court's decisions in Al Rawi v The Security Service and Home Office v Tariq on the use of closed material procedures and special advocates. The government's subsequent Justice and Security Green Paper is also discussed.     

法治视野中的行政指导行为——论我国行政指导的合法性问题与法治化路径

行政指导是行政民主化潮流下日益广泛运用并逐渐类型化的一种现代行政管理行为方式,同时也是一个理论基础薄弱、实务问题甚多、法治程度不高的重大行政现象,应当按照现代行政法治的要求将其纳入法治化轨道。本文透过依法行政理念的演进轨迹从多个角度探讨了行政指导行为的合法性问题和法学理论背景,并以实证研究方式结合我国行政法律制度现实进一步讨论了行政指导与依法行政的关系,在此基础上分析了行政指导实践中存在的突出问题及其原因,并从观念更新、制度创新、完善立法、配套措施等方面提出了推动行政指导法治化的完善路径和具体对策,期能为正在进行中的我国行政指导程序立法和制度建构提供参考。     

CASES: Special Advocates,Control Orders and the Right to a Fair Trial

In Secretary of State for the Home Department v AF (No 3), the House of Lords decided that Article 6 ECHR requires a ‘core irreducible minimum’ of procedural fairness such that ‘the controlled person must be given sufficient information about the allegations against him to give effective instructions to the Special Advocate’. This case‐note will discuss the challenges facing Special Advocates in control order proceedings and the impact AF may have on the measure of procedural fairness owed to individuals in closed proceedings. It will also address the judicial use of sections 2 and 3 of the Human Rights Act 1998 in arriving at the outcome in AF.