指纹考勤的合法性分析

指纹信息具有特定性、稳定性和触物留痕性,在法律性质上属于个人信息。个人信息有敏感与一般之分,前者受隐私权保护,后者可成为财产权客体。指纹信息属于敏感个人信息,但隐私公开在信息社会下具有相对性,即在特定领域内公开并不意味着在任何领域均公开,所以指纹搜集并不必然侵害隐私权。隐私权作为一项基本权利,对其限制须受公法规制,即须符合法律保留原则和比例原则。指纹搜集缺乏相关授权法律,不符合法律保留原则;未建立完善的配套制度,未必符合比例原则。建议立法机关出台《个人信息保护法》,以补足指纹考勤等信息利用的合法性。     

Race and Demographic Factors in Treatment Attendance for Domestically Abusive Men

This study examined the influence of race and other demographic characteristics on session attendance and dropout from a cognitive-behavioral treatment program for male domestic abusers (N = 101). Multiple regression analyses revealed that lower session attendance was significantly predicted by unemployed status and African American (versus Caucasian) race. Other demographic factors could not account for the race differences in session attendance. Race was the strongest predictor of dropout and session attendance in all analyses. Racial composition of treatment groups was not significantly related to number of sessions attended for Caucasian or African American clients. Although the combined (interactive) effect of race and referral source on number of sessions was not statistically significant, the pattern of means suggested that self-referred African Americans were at the greatest risk for dropout. Results suggest that race differences in dropout, and the mechanisms that account for these differences, deserve more clinical and research attention in treatment for domestic abusers.     

“少子化”与流动儿童、少年在城就读的发展空间

我国城市在独生子女政策施行以来出现的“少子化”趋势必将对城市基础教育产生深远的影响，由此带来的为城市解决流动儿童、少年的在城就学问题提供了巨大发展空间和契机。城市政府可以在应对“少子化”对教育冲击的框架下适当考虑流动儿童、少年的就学问题，获取“双赢”的结果。这也是城市适应自身“少子化”趋势和快速城市化过程中城乡大量人口迁移情况的一种必然趋势。     

我国宪法文本中“受教育义务”的规范分析——兼议“孟母堂”事件

从宪法学的角度看,“孟母堂”事件实际上主要涉及的是公民受教育义务的性质及履行。有必要在受教育义务与受教育权利关系的把握中,对受教育义务的主体、性质以及责任进行宪法上的规范分析。在此基础上,将会对“孟母堂”事件的解决提供一种宪法思路。     

Reeling in Disengaged Students: An Assessment of a Countywide Juvenile Court Attendance Program

On any given day, thousands of youths are absent from school; many are absent without a legitimate excuse and thus deemed truant. Truancy has been linked to various problem behaviors including academic failure, delinquency, and school dropout. Thus, the prevention of truancy is assumed to have beneficial effects far into the future. This study provides an overview of an innovative truancy abatement program operating in southwestern Idaho known as the Ada County Attendance Court. Qualitative and quantitative data are presented to show how the program operates, its effects, and how it differs from other truancy prevention programs nationwide.     

Knocking on the Door: Juvenile and Family Courts as a Forum for Facilitating School Attendance and Decreasing Truancy

While there is debate about whether courts should be involved in truancy reduction efforts, less recognized is how courts can impact school attendance without lengthening their reach or further penalizing children and families. Courts are already involved with school‐related decision making in child welfare and delinquency cases. This article reports on data from a qualitative study of stakeholder perspectives (N = 64) on school attendance in Maryland. Respondents suggested that courts adopt engagement‐focused approaches to guide their work such as family assessments, school attendance plans, monitoring coordination and delivery of services, and ensuring that agencies meet their obligations to children.     

The Impact of Field Court Attendance Notices on Property Crime in New South Wales,Australia

Objectives

This paper investigates the impact of Field Court Attendance Notices (FCANs) on rates of property crime in New South Wales (NSW), Australia. FCANs are used for relatively minor offenses, are issued ‘on the spot’, and provide an alternative to the time consuming process of arresting an alleged offender and taking them to the police station for processing. Despite their use in NSW for over 20 years, this study is the first to evaluate their impact on crime.

Methods

We use data provided by the NSW Bureau of Crime Statistics and Research, and the Australian Bureau of Statistics. We specify a general dynamic panel data model estimated via the Arellano and Bond (Rev Econ Stud 58:277–297, 1991) estimator, specifically the first-differenced twostep generalised method of moments (GMM) estimator.

Results

For property crime as a whole, in both the short- and long-run, we find no significant relationship between the use of FCANS and levels of offending. However, when offending rates are disaggregated into 11 sub-categories, we find that in the short-run an increase in the use of FCANs leads to statistically significant decreases in the rate of crime for five of the sub-categories offenses considered (break and enter dwelling; motor vehicle theft; steal from motor vehicle; steal from retail store and; steal from dwelling). The long-run results are largely consistent with the short-run results in terms of their signs and statistical significance, suggesting that the effects persist.

Conclusions

The empirical analysis presented in this paper suggests that the use of FCANs is an effective and potentially efficient policing strategy for a subset of property offenses, in that offenders can be processed at lower cost and long-run rates of certain crimes reduced.

     

流浪乞讨与管制--从贫困救助看中央与地方权限的界定

随着《收容遣送办法》的废止,个人自由权利与社会治安秩序之间的现实冲突比过去更为突显。应转变中央和地方关系的传统思维,在允许地方更多自主权和选择权的同时,更充分地保障公民个人的宪法基本权利。无论是中央和地方关系的法律界定,还是公民权利的宪法保障,都要求建立独立的司法机构以审查地方立法的有效性。     

Implementing and evaluating crime prevention and control programs and policies

The history of crime prevention and control efforts in the United States has demonstrated little progressive improvement in our ability to deter crime. The major obstacles to implementing effective interventions and policies have been a weak scientific knowledge base about how to prevent crime, the research community's inability to effectively disseminate what is known about the causes of crime and to translate this knowledge into operational programs and policies, and a resistance on the part of practitioners and policy makers to evaluate programs and policies and to use this information in the development of new programs and policies. In the last decade, there have been major advances in our understanding about the causes of crime and we have now demonstrated the effectiveness of selected prevention programs. But there is little evidence that this scientific knowledge is informing current practice or policy. Problems in the dissemination of this information and the resistance to utilizing it remain. These problems are discussed and suggestions are made for addressing them. Our knowledge base remains modest, but it is now sufficient to inform policy and practice. The research community must work to do a better job of disseminating this information and overcoming the resistance to utilizing it before we will be successful in implementing effective crime prevention programs and policies. This revised version was published online in July 2006 with corrections to the Cover Date.     

International aid,trade and investment and access and allocation

International Environmental Agreements: Politics, Law and Economics - The access to goods and their allocation (who gets what, when, where and how) is one of the analytical problems of the 2009...     

Accommodation and Satisfaction: Women and Men Lawyers and the Balance of Work and Family

This study of graduates of the University of Michigan Law School from the late 1970s reports on the differing ways that women and men have responded to the conflicting claims of work and family. It finds that women with children who have entered the profession have indeed continued to bear the principal responsibilities for the care of children, but it also finds that these women, with all their burdens, are more satisfied with their careers and with the balance of their family and professional lives than other women and than men.     

真相与正义，探究与辩护，科学与法律

在美国法律文化塑造下的对抗制诉讼制度和科学的调查程序之间存在着紧张关系（tension），在法律所关注的裁决终局性（finality）和科学所追求的持续性纠错（oven—minded fallibilism）之间存在着紧张关系。长期以来，法律界都试图通过可采性法律规则归化科学证言，结果导致联邦法官担负起广泛的审查职责；近期，法庭指定专家的制度实践导致对抗制度做出某些修正，这种制度实践已经被批评为“带有纠问色彩”（inquisitorial），甚至“违背了民主的要求”（undemocratic）。在分析这些制度利弊的过程中，我们有必要考察其他法律系统的经验教训。     

油气储运防火安全分析及预防措施

本文主要从设备故障与维护、防静电、动火作业、执行操作规程等几个方面引起的爆炸和火灾进行分析,制定对应的防护措施。提出了以做好设备维护保养、防静电处理、做好防火设计及安全装置、落实动火作业措施及强化安全培训等方面进行综合防控,消除油气储运过程中引起的爆炸和火灾,以实现安全生产。     

Truth and Justice, Inquiry and Advocacy, Science and Law

Abstract. There is tension between the adversarialism of the U.S. legal culture and the investigative procedures of the sciences, and between the law's concern for finality and the open‐ended fallibilism of science. A long history of attempts to domesticate scientific testimony by legal rules of admissibility has left federal judges with broad screening responsibilities; recent adaptations of adversarialism in the form of court‐appointed experts have been criticized as “inquisitorial,” even “undemocratic.” In exploring their benefits and disadvantages, it would make sense to look to the experience of other legal systems.