论警察与媒体的通融

构筑警方与媒体的和谐是我们的应有之义。改善和发展警察公共关系需要借助媒体的力量,良好的媒体关系有助于提升警察形象。媒体是警察与公众联系的桥梁和纽带,警方借助媒体发布正面的信息从而争取公众对警察工作的支持,使“执法者”与服务对象融为一体,共同维护治安、打击犯罪。     

Testing a Theoretical Model of the Relationship Between Impulsivity,Mediating Variables,and Husband Violence

The present study involved a multimethod assessment of impulsivity among 86 men. Using two questionnaires and four performance-based measures of impulsivity, the factor structure of the impulsivity data was examined. Four constructs that theoretically mediate the relationship between impulsivity and husband violence (i.e., substance abuse, anger/hostility, marital dissatisfaction, and psychological abuse) were assessed to examine a mediational model predictive of husband violence. Substance abuse and marital dissatisfaction mediated the relationship between impulsivity and psychological abuse. Psychological abuse mediated the relationship between substance abuse and marital dissatisfaction and husband violence. Although anger/hostility was not a mediator, there were bivariate associations between anger/hostility and impulsivity, psychological abuse, and husband violence. The results of the regression analyses were virtually identical when controlling for the effect of intelligence on the model variables. The implications of the findings for the assessment of impulsivity and for future husband violence research are discussed.     

国家与社会关系变迁的公法回应

法律根植于社会,社会变迁与公法的发展紧密相连,社会变迁在制度、观念和应用等层面影响着公法的发展,公法对社会变迁具有推动作用。中国正在经历从政治国家一元社会向政治国家与市民社会并存的二元社会的变迁,这种变迁需具备建立市场经济和确立正确的政府理念两大要素,对中国经济社会发展具有积极意义。与之相适应,中国公法应当在制度层面、观念层面和方法层面对这种变迁作出回应。     

警检关系的基本特征与发展趋势

尽管世界上几个主要国家的警检关系存在三大模式的分野,但各国警察机关和检察机关之间既存在形式上的分工关系,又具有实质上的合作关系,只不过三大模式的侧重点有所不同而已。大致说来,英美模式的侧重点在审判程序,而大陆模式、监督模式的侧重点在审前程序。但从一些国家近年来的司法改革来看,三大模式在相互吸收的基础上,警检关系开始出现紧密化的发展趋势。     

宪法与民法典关系的四个理论问题

从宪法角度和法律三元分类角度看,民法典将基本民事主体表述为"公民"比表述为"自然人"更合适。各国宪法差异决定中国民法典表述基本民事主体不能复制德国民法典的规定。就性质而言,民事主体内部关系的内容是权利与权利,应避免使用"权力"之类术语来定义其内部组织或描述其功能。在数字化时代,民法典应着力保障在数字化背景下备受威胁的个人隐私权,促进民事主体实质性享有平等的发展权利,但不宜承担公法功能。     

Improving the Comprehensibility of a Canadian Police Caution on the Right to Silence

Modifications to a Canadian police caution on the right to silence were made in an attempt to increase its comprehensibility. University participants were asked to imagine themselves in an arrest and interrogation situation in which they were either innocent or guilty. It was hypothesized that participants who received the modified caution would score significantly higher on measures of comprehension than those who received the standard caution. Results indicated that comprehension was significantly higher among those that received the modified caution and that those with higher comprehension scores were more likely to exercise their right to silence. These findings suggest that clarifying and standardizing how a detainee’s rights are communicated will lead to better comprehension and greater protection against false or coerced confessions.     

A Multilevel Examination of the Relationship Between Racial Tension and Attitudes Toward the Police

Prior research has established the effect of race and ethnicity on citizens’ perceptions of the police. This paper serves to build on this body of literature by examining the effect of racial tension on attitudes toward the police. Specifically, we conduct multilevel analyses using survey data from Seattle, Washington to explore whether individual perceptions of racial tension and/or community-level racial tension are related to residents’ attitudes toward the police. The results show that attitudes toward the police were generally less favorable among respondents who perceived racial tension or mistrust in their communities. Additionally, community racial tension had significant contextual effects on residents’ perceived racial profiling by the police. This study has implications for future police policy: understanding how racial tension shapes perceptions of the police will assist in selecting and adapting crime control strategies.     

Theoretical and Empirical Work on the Relationship Between Unemployment and Crime

Part of the ongoing debate between Cantor and Land and Greenberg centers on differing opinions about the question of interest in Cantor and Land (1985). We begin this article with our opinion that Cantor and Land's theory relates changes in the business cycle to changes in the aggregate rate of crime. We then question whether year-to-year changes adequately reflect changes in the business cycle, which last on average 4 years, and we refer to an article by Cook and Zarkin (1985) which presents an alternative method of measuring business cycle changes. We also discuss how Greenberg's use of cointegration provides an alternative way of addressing the difficult statistical problem of nonstationarity without resorting to first differences. Our final contribution involves noticing that opportunity and motivational theories of crime can be structurally identified by focusing on different types of crime rather than temporal lags. We demonstrate this idea by splitting car theft into joyriding and theft for profit. We show that joyriding appears to be driven by opportunity, while the causal structure of theft for profit is less clear.     

An Exploration of the Relationship Between Emotional Intelligence and Job Performance in Police Organizations

The aim of the current study is to explore the relationship between emotional intelligence and job performance in a sample of 310 police officers. The results show significant correlations between EI levels and police job performance. After controlling for general mental abilities and personality traits, EI has been found to explain additional incremental variance in predicting police job performance. Applied implications of the findings for police organizations are discussed.     

中国社会对沉默权的容忍度有多大--沉默权在中国调研报告

沉默权制度作为现代刑事证据制度的重要内容 ,在世界各国刑事诉讼中发挥着重要的作用。近年来 ,随着中国刑事诉讼法的修改和对联合国《公民权利与政治权利国际公约》的签署 ,沉默权问题逐步成为国内理论界、实务界和普通民众关注的热点话题。但从目前已有的杂志、报纸等媒体对沉默权的宣传和报道来看 ,大多限于感性的介绍或者抽象的分析 ,而很少能对沉默权在中国的可适应性———这一关键问题作出令人满意的论证。应当说 ,沉默权在中国的可适用性问题 ,归根结底在于中国民众对它的容忍度有多大。也就是说 ,中国社会现有的土壤是否真正适合沉…     

Police Shootings and the Role of Tort

In Ashley v Chief Constable of Sussex , the House of Lords ruled that a civil claim in trespass to the person may be sustained against an individual police officer in respect of a fatal shooting, in circumstances where the officer had already been acquitted in criminal proceedings and where liability to compensate in respect of all losses had been conceded. Two members of the majority clearly ruled that trespass torts may have a vindicatory purpose which survives a concession of liability to compensate, thus deepening the connection between tort, and the protection of fundamental rights, and suggesting an intriguing distinction between the functions of civil and criminal law.     

The Relationship Between Crime Reporting and Police: Implications for the Use of Uniform Crime Reports

Empirical studies that use reported crime data to evaluate policies for reducing crime will understate the true effectiveness of these policies if crime reporting/recording behavior is also affected by the policies. For instance, when the size of the police force increases, changes in the perceived likelihood that a crime will be solved may lead a higher fraction of victimizations to be reported to the police. In this paper, three data sets are employed to measure the magnitude of this reporting bias. While each of these analyses is subject to individual criticisms, all of the approaches yield similar estimates. Reporting bias appears to be present but relatively small in magnitude: each additional officer is associated with an increase of roughly five Index crimes that previously would have gone unreported. Taking reporting bias into account makes the hiring of additional police substantially more attractive from a cost–benefit perspective but cannot explain the frequent inability of past studies to uncover a systematic negative relationship between the size of the police force and crime rates.     

唐律、《高丽律》法条比较研究

高丽在移植唐律时,对之进行了重大的改造。这种改造之所以会发生,是由高丽的社会分层结构、权力格局、文化意识等多种因素决定的,而这些因素的作用与影响主要是通过华化与土俗之间的张力表现出来的。高丽对唐律的移植实际上就是一个制度变迁的过程,而制度的变迁就意味着对既得利益的调整,这种调整是以制定规则时的博弈表现出来的,并披上了文化之争的外衣,其结果便是在华制与土俗之间进行折中,从而就使唐律在高丽的立法过程中发生了大规模的变形。     

Relationship Between Motivation to Lead,Mental Health Status,and Job Satisfaction of Male and Female Civil Police Constables

The purpose of the study was to examine the differences in perceptions of motivation to lead, mental health, and job satisfaction of male and female police constables. Police constables (N = 203, male = 144, female = 59) were surveyed at four districts (Varanasi, Mirzapur, Allahabad and Lucknow) in the state of Uttar Pradesh, Republic of India. Participants’ responses were obtained on questionnaires which measured demographic characteristics, motivation to lead (Dubrin, 1998), psychological well-being, psychological distress (Heubeck & Neill Psychological Reports, 87:431–440, 2000), and job satisfaction (Dantzker’s Journal of Crime and Justice 16:171–181, 1993). Results of t test analysis indicated that job experience, salary, education, motivation to lead, and psychological well-being were significantly different among the male and female police constables. Motivation to lead was a significantly positive correlate of job satisfaction among male participants only while psychological well-being was significantly, positively correlated with job satisfaction of both male and female participants. Psychological well-being also exercised partial mediator effects on the positive relationship between “motivation to lead” and job satisfaction in male police constables only. However, psychological distress was negatively correlated with job satisfaction of male police constables. The findings have significant implications for increasing job satisfaction in the police department. Findings indicate that the government should concentrate on removing anomalies in the job conditions of the female police constables so as to promote psychological well-being. Simultaneously, the police department should also pay attention to conditions which can increase motivation to lead among its female police constables.     

沉默权制度与侦查讯问之关系辨析

实行沉默权制度以后,在侦查阶段受到冲击最大的措施是侦查讯问。主要表现在侦查讯问过程中的四个环节,即权利告知规则对侦查讯问的制约;预防侵权规则对侦查讯问的制约;律师帮助规则对侦查讯问的制约;侵权救济规则对侦查讯问的制约。侦查实践中,并非所有犯罪嫌疑人都会主张沉默权,沉默权确立后,口供在侦查破案中的作用同样重要。如果将“坦白从宽,抗拒从严”等刑事政策真正体现到刑事诉讼法中,沉默权制度无疑将促进侦查讯问工作更加科学化、规范化。     

警察作证制度的理论推演与实证分析

警察作证是推进证人出庭作证制度完善的重要一环。证人的党派性不应成为证人能力限制的理由 ;警察作证的公务性有利于保障其证言的客观性。警察作证不仅有利于案件真实的发现和实体法律的正确适用 ,而且有利于激发刑事诉讼各方参与者的主动性 ,彰显程序自身的公正性 ,还可有力地约束警察的非法取证行为。警察作证的公务性、事后性、倾向性是警察证人与普通证人的区别所在     

警察文化视野下警民关系的研究

我国正处于社会转轨时期,警民关系由于社会的转型也出现了一系列问题。从警察文化视角研究警民关系,有利于调整警察的价值观与增强群众的认同感,有利于警察体制的建设和执行,有利于警察形象的建设,有利于解决制度不能解决的问题。并从先进警察文化的内化与警察文化的创新两方面谈了警察文化视角解决警民关系的途径。先进警察文化的内化是营造良好的环境和宣传教育,并通过实践外化警察文化从而增强内化;警察文化的创新是要转变执法思想,加强文化强警的认识,通过制度化来稳固已有先进文化成果。     

对查缉战术思想理论基础的思考

查缉战术是指导警察执法战斗自我保护和防止袭击的理论基础。缉控行动具有正义性、法律性、危险性、合理性、秘密性等特征,警察使用武力等级可划分为六级,需根据实战状况审慎使用。     

中国传统社会“德法之辩”的初始阶段及其价值主题

“德法之辩”是中国传统社会一种重要的文化现象。透过它我们可以知晓中国传统社会曾经在国家治理模式、法律制度体系构建方式、法律意识培育途径以及政权合法性建构逻辑等问题上所作出的选择与坚守。尤其是在春秋战国时期,各方围绕着它的方向、内容以及主题价值上所出现的激烈争辩,几乎奠定了这一文化现象贯穿整个中国传统社会的基本格调,对于中国传统社会几千年的国家治理模式与法律制度特质产生了深刻的影响,这一影响力至今依然若隐若现。     

Getting Caught and Getting Hitched: An Assessment of the Relationship Between Police Intervention,Life Chances,and Romantic Unions

Little research has assessed the link between formal police intervention, financial hardship, and the formation and quality of romantic relationships. Using data from the Rochester Youth Development Study, we contribute to this literature by examining effects of police intervention at two time points on marriage stability and romantic relationship quality. We find that police intervention during adolescence is associated with increases in financial hardship during young adulthood, which, in turn, decreases the odds of entering into a stable marriage by age 31 and the extent to which those who have a romantic relationship feel their partner is supportive. Early police intervention also is indirectly associated with a reduction in partner satisfaction and an increase in partner violence via young adult arrest. We conclude that even minimally invasive contact with the criminal justice system during adolescence has long-lasting collateral consequences in the family arena.