On Improving the Legislation on Territorial and Regional Soviets of Working People's Deputies

The Report of the Central Committee of the CPSU to the Twenty-fifth Party Congress advanced the proposal of adopting laws to define the jurisdiction of territorial [krai], regional [oblast'], and area [okrug] soviets of working people's deputies. This proposal was adopted unanimously by the delegates to the congress. In the course of the work begun to draft these laws, which will define the content and form of activity at the present stage of the building of communism of such an important link in the system of soviets as the regional and territorial soviets, many questions have arisen demanding profound and comprehensive scientific study. In this connection the editors invite legal scholars and practical workers to share in the pages of the journal the results of their research and generalizations from the experience of the work of the soviets and from application of the prevailing legislation, and to express judgments, proposals, and recommendations on the paths to be followed in improving the legislation on territorial, regional, and area soviets.     

浅谈“从优待警、从严治警”与落实“首要标准”的内在关系

落实“首要标准”是贯彻“惩罚与改造相结合,以改造人为宗旨”监狱方针的核心内容,是衡量监狱工作成败的重要标志,是关系到监狱安全稳定和社会长治久安的深远课题,坚持从严治警与从优待警结合并举则是落实“首要标准”的前提、保障和根本。     

Development of the Soviets and the Tasks of Science

The conditions of development of socialist society require intensification of the ties between science [nauka] and the practice of the building of communism. As L. I. Brezhnev emphasized in the Report of the CPSU Central Committee to the Twenty-fourth Party Congress, "theoretical interpretation of the phenomena of social life and its leading trends enables the Party to foresee the course of social processes and to develop the right political course, avoiding errors and subjectivist solutions." The Congress advanced the task of giving even greater attention to the development of theory and achieving an intimate connection of the social sciences with practical work and the solution of current problems in the building of communism.     

罪犯应否改造、能否改造、如何改造

对罪犯应该改造,是现代文明法治社会必须做出的选择.但这并不是罪犯能够改造的逻辑前提,在我们人类认识的视域内,只能认为有些罪犯可以改造,有些罪犯不能改造,而不能一概肯定或否定.对待如何改造罪犯的问题上,核心的是处理好监禁改造和社会化的关系、行为改造与思想改造的关系以及刚性改造与柔性引导的关系,虽然这些关系之间存在着悖论或难以兼顾的“根结”,但是还必须进行全方位的改造.于是我们可以得出复杂的人类社会的一条运行规则:为了国家发展和社会稳定这一大局,人类的行为有时并不一定以真理为基础,而服从于目的.     

附属刑法规范的理念定位与表述路径——以反垄断法为视角

我国附属刑法规范表述路径和立法模式尚存在诸多缺陷.附属刑法规范的制定、修改应沿袭刑法典制定、修改的刑事立法理念,以免导致附属刑法规范之刑法精神的丧失.附属刑法规范制定既要坚守刑法基本原则理念和现代刑法新理念;为实现附属刑法规范的科学性、明确性和可操作性,应倡导在散在型立法模式的指引下制定附属刑法规范.     

The Law on the Status of Deputies to the Soviets - In Action

The Law on the Status of Deputies to Soviets of Working People's Deputies in the USSR, adopted by the Supreme Soviet, has been in effect now for over a year and a half. Taking into consideration the special importance of exact and undeviating implementation of that law, the Committees on Legislative Proposals and the Mandate Committees of the two houses of the USSR Supreme Soviet have made a careful study of experience in carrying out this law and discussed this question in March 1974 at a joint meeting. A report to this meeting was presented by I. K. Lutak, deputy to the USSR Supreme Soviet and leader of a group of member-deputies of these committees who had prepared this question for consideration. G. I. Usmanov, chairman of the Council of Ministers of the Tatar Autonomous Soviet Socialist Republic and deputy to the USSR Supreme Soviet, presented a report on experience in applying the Law on the Status of Deputies, as did N. A. Evsigneev, chairman of the Executive Committee of the Voronezh Regional Soviet of Working People's Deputies. Animated discussion arose at the meeting. Participating in it were deputies R. Kh. Abdullaeva, L. T. Torkkeli, A. N. Balandin, F. S. Kuralenok, B. P. Beshchev (USSR minister of transportation), and also S. I. Gusev, deputy procuratorgeneral of the USSR. I. V. Kapitonov, chairman of the Committee on Legislative Proposals of the Council of the Union and a secretary of the CPSU Central Committee, also spoke at the meeting.     

The Rights of an Urban Soviet Subordinate to Another Urban Soviet

As a consequence of the reorganization of the soviets in accordance with the production principle, many small towns have been detached from rural districts, and the soviets of these towns have been subordinated to those of larger cities that are directly subordinate to territories and regions. In individual cases, the soviets of the small towns have been placed under district soviets of cities which have district subdivisions. At present some 300 towns have thus been subordinated to others, including 230 in the RSFSR.     

A Study of the Effectiveness of Village and District Soviets in Belorussia

For the role of local soviets to rise requires an increase in the efficiency of the organizational and legal forms by which they function. Scientific studies making it possible to offer well-founded recommendations to improve both legislation and practical experience are called upon to play an important role in this. In particular, empirical research (the study of documents: minutes of sessions, meetings of standing committees, decisions of election commissions, the periodical press, etc.; statistical data, observations, interviews, etc.) make it possible to study such questions concerning the activity of soviets of working people's deputies as the level of deputies' activity at sessions, the establishment and functioning of standing committees, the degree to which the work of the soviets is conducted before the eyes of the public, and so forth.     

Characteristics of Domestic Violence Offenders: Associations with Childhood Exposure to Violence

Many women are abused by intimate partners, millions of children witness such acts, and many of these children are physically abused. Children who are exposed to violence often evidence difficulties, including violent behavior, as adults. One hypothesized mode of intergenerational transmission is modeling. There is evidence that witnessing and/or experiencing violence are related to different patterns of abusive behavior and, perhaps, psychopathology, but the extent of the relationship is unclear. This study examined differences in generality, frequency, and severity of violent offenses, nonviolent criminal behavior, and psychopathology within a battering population of 1,099 adult males with varying levels of exposure to violence as children. Generality, frequency, and severity of violence and psychopathology all increased as level of childhood exposure to violence increased. Modeling theory was supported by the findings that men who witnessed domestic violence as children committed the most frequent domestic violence, and men who were abused as children were more likely to abuse children. Men who were abused also committed more general violence.     

Enhancing the Role of the Local Soviets and Developing Civic Principles in Their Work

The decisions of the last few congresses of the CPSU have played a large role in improving the activity of the soviets. The measures envisaged in the Party Program to improve the work of the soviets, to develop their democratic foundations and civic [obshchestvennye] principles, are being implemented successfully in the local agencies of government and administration.     

论刑释解教人员的心理状态及帮教对策

帮教工作一手牵两头,繁琐复杂,要做出一点成绩很不容易。虽然在我国,特别是在上海建立了一整套帮教体系,但还面临一些较严峻的问题,如何在新的历史条件下,真正使帮教工作落到实处,做出效果,有待于社会各界,特别是帮教工作者的努力,帮教工作任重而道远。笔者认为帮教工作的有效性,很大程     

The Territorial Scope of Employment Legislation and Choice of Law

Traditionally, the determination of the territorial scope of the statutory rights conferred by employment legislation forming part of English law has been regarded as an issue entirely disconnected from the choice‐of‐law process. Indeed, this view formed the basis of the key decision addressing the problem of territoriality, Lawson v Serco, decided by the House of Lords in 2006. After presenting the current state of the law with regard to the territorial scope of employment legislation, this article takes a critical look at Lawson v Serco. It is argued that the ‘European’ choice‐of‐law rules must have a greater importance for determining the territorial scope of employment legislation and, consequently, that the approach pursued in Lawson v Serco is no longer correct, if it ever was, and should not be followed in the future.     

诱骗客户投资后使用客户资金行为的“犯罪性”——以刑法的谦抑性为视角

根据现行刑法,证券公司营销员伪造公司印章并利用公司已废止业务诱使客户投资后使用客户资金的行为只能认定为伪造公司印章罪.但是,将此类行为规定为犯罪,并不违背刑法谦抑性的精神,故应当在刑法中加以规定,以充分发挥刑法预防犯罪的作用.     

涉网案件地域管辖规则修改问题刍议

互联网空间地址与现实空间地址的非对应性,使运用《民事诉讼法》中的地域管辖规定去判断涉及互联网案件的管辖法院会有一定困难。目前学者们解决该问题的思路,主要集中于针对互联网的特点,建构新的地域管辖规则。但本文认为,目前《民事诉讼法》规定的地域管辖制度具有合理性,不需要也不能够针对互联网的特点去修改法典的规定。解决地域管辖规定适用困难的方向,应当是发展包括解释地域管辖法律和认定地域管辖事实在内的司法技术。     

满意度视角下的高校二级学院管理制度建构与设计

满意度调查和评价的理念与方法,是衡量组织效能的重要维度,关注师生需求、期望和问题解决,有利于激发高校二级学院组织活力、积极性与创造性。推进高校二级学院管理的主体化、实体化,以师生满意度为核心理念对高校二级学院管理制度改革、建构的要素进行提炼和设计,主要包括决策运行、考评选拔、财物管理、人文学术环境四个要素;其协同融合发展是高校二级学院管理制度转型的重中之重。理顺高校二级学院的组织结构、制度与人的发展关系,能够最大限度地提升人的效能和满意度或幸福感。     

Foreign Occupation and International Territorial Administration: The Challenges of Convergence

International organizations have increasingly joined statesas occupiers of territory. Yet international law doctrine andpolicymakers have regarded occupation by states and administrationby international organizations as distinct legal and politicalphenomena. The stigma associated with state occupation has translatedinto an assumption that the two operations are governed by differentnorms and their tactics for asserting control subject to differentstandards of legitimacy. This article rejects that dichotomyand the doctrinal parsing that comes with it. It emphasizesthe common traits and challenges of these occupations and arguesfor a joint legal and political appraisal. From the legal perspective,the two sorts of missions operate under common legal frameworks;those managing both need to find the proper balance among internationalhumanitarian law, international human rights law, local law,and any mandate from an international organization. As a politicalmatter, each encounters resistance from those in the territoryopposed to its presence, leading to coercive responses whoselegitimacy will be questioned from within and outside the territory.The article concludes with some modest thoughts on how eachsort of occupier might learn something from the other.     

The Place of International Human Rights Law in the Territorial Non-State Entities the case of Taiwan and Territorial Non-State Entities from the Post-Soviet Space

Liverpool Law Review - The paper seeks to examine whether and on what basis the international human rights law applies to the territorial non-state entities, having as an example the cases of the...     

论我国刑法不采取共犯从属性说及利弊

我国刑法采取不区分正犯与共犯的单一正犯(或单一行为人)体系,不存在共犯从属性说赖以存在的犯罪参与体系之基础。《刑法》总则第29条第2款明文规定处罚教唆未遂;刑法分则将许多教唆行为、帮助行为规定为独立的犯罪,将某些犯罪的教唆行为、帮助行为明文规定为与实行行为同等对待,表明我国刑法没有采取共犯从属性说。实行从属性原则不具有理论上的合理性,它会不适当地缩小教唆犯和帮助犯的处罚范围,有可能放纵一些特别危险的教唆犯罪和帮助犯罪的发生。德、日刑法学中有关要素从属性的几种不同学说是以三阶层的犯罪论体系为基础的,一些观点认为我国传统的通说采取了极端从属性说,肯定了共犯对正犯故意的从属性,显然是忽视了我国传统刑法学与德日刑法学以及我国刑法与德日刑法的重大差异。我国不采取共犯从属性说是一种明智的选择,虽然不采取共犯从属说存在扩大教唆犯和帮助犯处罚范围的风险,但是这种风险可以通过完善立法和司法的途径来有效控制。     

Environmental Liabilities of Property Owners: Examples of Common Risks and Strategies to Anticipate and Avoid Them

Property owners are subject to potential environmental liability from a number of sources including strict statutory liability for remediation of contamination on their properties as well as liability for conditions within their buildings. These latent environmental risks are often exposed in the context of a transaction, redevelopment, or change of use. Commonly used due diligence protocols can avoid or mitigate many risks but owners need to be aware of the limitations and pitfalls of due diligence. In many circumstances, environmental insurance should also be considered as part of the overall environmental risk management strategy.