法院曝光隐私与执行难问题初探

最近一些地方法院向社会公开了对拒不执行判决的债务人姓名、住址、照片等个人信息,似乎能够解决部分执行难的问题:但此举也受到一些公民的质疑,认为法院这种曝光"老赖"隐私的做法,实际上侵犯了公民隐私权、名誉权等合法民事权利.笔者拟围绕隐私权的价值,时法院公开"老赖"个人信息的"曝光制度"加以评析,希望能为有效地解决执行难问题提供相关参考.     

Extraterritorial enforcement: US court refuses to enforce foreign patents

Upholding principles of territoriality, the US Court of Appealsfor the Federal Circuit has refused to extend its jurisdictionto enforce related foreign patents.     

当庭宣判制度研究

当庭宣判是公开审判制度的有机组成部分,也是司法公正的内在要求。目前,审判实践中普遍存在当庭宣判率不高的现象。本文对当庭宣判的内涵及价值、导致当庭宣判率低下的原因作了分析,并对提高当庭宣判率的制度设计和具体措施的完善发表了浅见。     

日本行政执行制度研究

一、引言 为了实现多元化的行政目的，现代民主法治国家均在强调依法行政原则的前提下，确立了行之有效的行政执行制度。根据各个行政领域的不同特点以及多元的行政目的，有时直接以法律的形式，有时通过法律授权行政机关依法律作出行政行为的方式，对私人课以行政法上的义务，并赋予一定的法律效果。若负有行政法上义务的私人能够自觉自愿地履行相关义务，则行政目的可较为顺利且圆满地得以实现。若负有……     

论法院书记员管理制度

毋庸置疑,司法审判是法院的首要职责和第一要务,在国家机构体系中,法院的定位是国家的“审判机关”。法官无疑是法院系统最核心的职业角色,而书记员、执行员、司法警察、法医、行政管理人员以及后勤服务人员,都属于为法官的审判活动提供服务的辅助性角色。可以说,在所有上述司法辅助人员中书记员是与法官审判活动最接近的一种职业角色。法院的书记员是法院系统重要的具有独立地位的司法辅助人员,尽管从严格意义上讲,书记员和法院的司法警察、行政管理人员、后勤服务人员一样都不属于司法官的范畴,但书记员是保证法院审判工作顺利进行的不可或缺的重要角色,书记员的工作是专门为法官的审判活动提供服务,以保证诉讼活动顺利、明晰和高效进行。     

Private antitrust enforcement and the role of harmed parties in public enforcement

It is commonly believed that the possibility to sue privately for antitrust damages increases the probability that anticompetitive actions are prosecuted at the cost of an increased probability that procompetitive actions are prosecuted. We extend the analysis by taking into account that private parties often submit evidence during public investigation. Such parties consider private suit as a partial substitute for public prosecution. The trial option might induce these parties to be less willing to contribute evidence to public cases. Private trials crowd out public prosecution. In effect, the probability of prosecution of anticompetitive actions might decrease, while the earlier result that the probability of prosecuted actions being prosecuted is confirmed. In general, while the attractiveness of trials weakly decreases by considering a reporting possibility, they can remain an enforcement efficacy increasing institution.     

Law enforcement organizational behavior and the occurrence of post-traumatic stress symptomology in law enforcement personnel follwoing a critical incident

Research by Evans and Coman (1993), Sewell (1984), and Gudjonsson and Adlam (1983) suggests that being shot in the line of duty or the shooting of a partner are often ranked by officers, despite their infrequent occurrence, as the most stressful field events. This study was designed to elucidate factors within the organizational structure of law enforcement, other than the incident itself, which promote ineffective coping and increases in PTSD-like symptomology in police officers. This study found that both police officers, and the organization in which they work, practice predominately ineffective emotion-focused coping strategies following an officer-involved shooting. Possible links between organizational behavior and long-term post-traumatic symptomology were discovered; it appears that officers have readily available models of poor coping responses merely by imitating the behavior of their organization. Author Note: Charity Plaxton-Hennings, Psy.D., M.P.H., is a professor of health psychology, Azusa Pacific University, 901 East Alosta Avenue, Azusa, California 91702. She is also employed by The Counseling Team, Inc., in Southern California, providing organizational, therapeutic, and critical incident debriefing services to a variety of law enforcement and other public service agencies. A special thanks to Dr. Nancy Bohl for assisting in this project.     

Construction of the problem of Latin gangs in Spain and response of the law enforcement system

Recently, since their official recognition as criminal organizations by Spanish law enforcement authorities, stricter prosecution of Latin street gangs has been observed. The toughening of legal regulations, new models of police conduct and the increasingly active role of prosecutors have contributed to greater punitive pressure on the gangs. This article has two main objectives: first, to describe changes in Spanish criminal policies for the treatment of Latin American street gangs; second, to analyse to what extent these changes are in consonance with empirical findings on criminal involvement and the organizational nature of these groups. The results show that despite the recent increase in criminal activity these groups cannot be viewed as the only parties to blame for local street crime. The opinion of the law enforcement authorities that Latin American street gangs are a form of organized crime is far from reality. These groups do not have the required combination of characteristics inherent to criminal organizations, and their purposes are not always exclusively criminal.     

The effect of transfer mechanism from juvenile court on conviction on a target offense in criminal court

The question of whether juvenile offenders should be handled in criminal court has been addressed by a number of studies. However, few have examined the effectiveness of the type of transfer mechanism and how it relates to protecting the public. Whether the mechanism used to transfer juvenile offenders to criminal court has any effect on the likelihood of being convicted of a target offense criminal court is examined here. It was found that the juveniles sampled in this study had a greater chance of being convicted on their target offense in criminal court if they were sent there via judicial waiver than if they were excluded from juvenile court jurisdiction by statute.     

Preadjudicatory detention in a large metropolitan juvenile court

While the use, and possible abuse, of detention by the juvenile court has been the subject of heated controversy in recent years, this issue has received very little systematic empirical attention. A few studies of detention have been conducted, but they have produced mixed findings, which may be a result of the different locations and time periods considered, and the different methodologies employed. To shed additional light on this important question, we examine in this investigation the effect of a variety of legal, extralegal, and other case characteristics on the preadjudicatory detention practices of a large metropolitan juvenile court. Over 60,000 cases disposed of by the court during a seven-year period (1969–1975) were considered in a detailed multivariate analysis of detention outcomes (detained/not detained). The analysis produced no evidence that the court operates on a double standard—discriminates—along sexual, racial, or socioeconomic lines in the use of detention. Both additive and interaction statistical models considering the extralegal variables showed a youth's sex, race, and social class to be largely independent of detention decisions. In contrast, a legal factor—a youth's previous court experience—was found to be an important predictor of detention. This factor better accounts for detention outcomes than any, or all, of the other legal, extralegal, and other case history variables considered in the analysis.     

Observations of reintegrative shaming in a mental health court

This study compares the use of stigmatizing and reintegrative shame - as specified in Braithwaite's Crime, shame and reintegration (1989) - across traditional criminal court and mental health court settings. Items from the Global Observational Ratings Instrument were used to gather data on 87 traditional court cases and 91 mental health court cases, presided over by five different judges. The observational items capture three constructs: respect, disapproval, and forgiveness, as they apply to Braithwaite's theory. We present means tests to examine differences in shaming between court types and judges. Findings show that the mental health court is more likely to use reintegrative shaming and show respect and forgiveness for offenders, and less likely to show disapproval. Similarly, judges who preside in both court types are significantly more likely to practice reintegrative shaming in the mental health court context. We further explore these findings using field notes and illustrate those components of a mental health court that are conducive to reintegrative shaming.     

对刑事证人出庭作证理论基础的思考

刑事证人出庭作证制度是证据法研究的热点之一,国内在该问题技术上的研究多于理论上的探索,似乎在该问题的理论基础上已有广泛的认同,即对义务论的认同,然而义务论会带来诸如主体工具之说,自由功利之说的许多困惑,相反,权利论却有独特的优势,因此如果尝试从权利论的角度解读证人作证制度,或许会有所收获。     

Evaluating the effectiveness of a court sponsored abuser treatment program

The literature on abuser treatment programs reveals the following problems: (1) the dominance of shelter-related abuser programs, (2) little understanding of the effectiveness of such programs, and (3) low recruitment and high attrition rates in shelter-related programs. This study attempts to deal with some of these difficulties by an evaluation of a court mandated abuser treatment program. The sample used in this study includes a treatment group of 120 court-referred abusers and a control group of 101 nonreferred abusers. The research was designed to deal with problems such as differential participation in the treatment sessions and self-selection bias. Results indicated that the relationship between treatment attendance and recidivism was not linear. Only those defendants who attended 75% of the treatment sessions or more have decreased recidivism; others showed no impact. Some policy implications are also discussed.     

Victim cooperation and the prosecution of domestic violence in a specialized court

We address the role of victim cooperation in the prosecution of domestic violence cases in a specialized court in Toronto, Canada. We first examine what factors predict whether a case will proceed to prosecution. We find that, even in a court designed to minimize reliance on victim cooperation through the use of other types of evidence, when prosecutors perceive a victim to be cooperative, the odds that a case will be prosecuted are seven times higher than if a victim is not perceived to be cooperative. In the second part of our analysis, where we seek to determine the correlates of victim cooperation, we find that the two most important determinants of victim cooperation are the availability of videotaped testimony and meetings between victims and victim/witness assistance workers. We discuss the implications of these findings for future research and policy.     

Overcoming the benchmark problem in estimating bias in traffic enforcement: the use of automatic traffic enforcement cameras

Objectives

The existence of bias in law enforcement can be difficult to verify or disprove, in part because of the difficulty of finding a benchmark—an objective estimate of actual offenses committed by the studied population—that can be compared with police enforcement. In the current study, we propose and test a method for examining bias in enforcement of speeding offenses.

Method

Using all speeding tickets issued in Israel in 2013–2015, we compare speeding tickets generated by stationary automatic traffic cameras, which provide an objective estimate of speed offenses, with speeding tickets issued manually by police officers, based on drivers’ ethnicity with further distribution by gender and age.

Results

Initial findings indicate that, overall, speeding tickets issued by police officers in Israel are not biased based on drivers’ ethnicity.

Conclusions

This study highlights the importance of distinguishing between overrepresentation and bias in law enforcement, which sometimes seem to be blurred in the literature.

     

论反垄断法执法主体的设置——从执法权分配角度分析

市场经济的核心在于维护一个公平有效的竞争机制。而反垄断法因其在保护、促进竞争和维护市场秩序方面起着基础和统领作用．被誉为“经济宪法”。徒法不足以自行，光有一部精良先进的法律条文是不够的，还得通过法的实施．方能实现法的效果。在法律实施机构之间划分执法权．是法律实施体制中其他制度运行的前提，对于法律的有效实施有着重要的意义。本文主要从执法权划分角度探讨反垄断法实施体制中执法主体的设置，以及执法机构与行业监管机构在反垄断监管领域内的关系，通过比较国外的法律规定及实践，并对我国实施不久的《反垄断法》进行评述．综合分析中国现有反垄断执法主体执法权分配中存在的问题，进而提出完善我国现有反垄断执法主体体制的建议一     

Social science in court

This article discusses the role of social science in legal proceedings with special attention to the ethical situation of the expert psychologist asked to testify about the reliability of an eyewitness identification. It argues that in this area as in others one cannot discuss the ethics of expert psychological testimony without attending to the quality of the research and theory on which the testimony is based. It also identifies as considerations that bear on the propriety of such testimony the information the fact finder is likely to receive in its absence and the factual guilt of the defendant. The paper goes on to discuss the relationship between law and social science more generally. It argues that ultimately courts do and should have the last word regarding the place of social science in legal proceedings.