英国的讯问同步录音录像制度及对我国的启示

我国司法实践部门正在逐步推行讯问同步录音录像制度,《刑事诉讼法(修正草案)》也规定讯问严重案件犯罪嫌疑人应当同步录音录像。作为讯问同步录音录像制度的发源国,英国经过长达20多年的论争和反复试验,最终才于1988年建立了讯问录音制度。2002年,英国又通过《警察与刑事证据法守则F》建立了讯问录像制度。《警察与刑事证据法守则F》根据讯问录像制度的运作机理,确立了许多不同于讯问录音制度的规则和程序要求。英国建立讯问同步录音录像制度的经验给我国以下启示:建立和推行讯问录音录像制度必须获得侦查人员的支持;该制度预期功能的发挥要求建立严密的监督机制;应保障辩护方对录音录像有充分的程序参与权。     

The Economics of the Grounds for Divorce in Great Britain

Despite similarities in their socio-economic environments and the provision of identical legal grounds for divorce, England & Wales is dominated by fault divorce decrees whereas no-fault divorce dominates in Scotland. Indeed, during the past fifteen years, the shares of fault and no-fault divorce have increasingly diverged across these two regions. The paper proposes an explanation for this remarkable contrast based on cost incentives generated by procedural and legal interventions within the respective legal systems. In particular, the introduction of the Simplified Procedure in Scotland and the reduction in the time bar to divorce in England & Wales are key causal factors.     

英国社区矫正制度

英国是近代世界监狱改良运动和刑罚执行社会化的发源地。19世纪末20世纪初期,社区矫正制度在英国刑事立法和司法中已经确立,各种非监禁刑进入了司法实践领域。这一制度根据社会生活的改变和犯罪情况的变化,逐渐发展、成熟,成为目前一项有法律明确规定、适用刑种多样、有专门机构和人员进行管理监督、有关社会组织参与、矫正措施规范、行刑效果理想的较为完备的法律制度。英国在社区矫正制度中确立的保护公众的安全和利益、矫正和适当惩罚相结合、注重犯罪对受害者的伤害和影响、使罪犯重新回归社会及预防和减少重新违法犯罪等矫正原则,在英…     

Prevalence and correlates of psychopathic traits in the household population of Great Britain

There are no previous surveys of psychopathy and psychopathic traits in representative general population samples using standardized instruments. This study aimed to measure prevalence and correlates of psychopathic traits, based on a two-phase survey using the Psychopathy Checklist: Screening Version (PCL: SV) in 638 individuals, 16–74 years, in households in England, Wales and Scotland. The weighted prevalence of psychopathy was 0.6% (95% CI: 0.2–1.6) at a cut score of 13, similar to the noncriminal/nonpsychiatric sample described in the manual of the PCL: SV. Psychopathy scores correlated with: younger age, male gender; suicide attempts, violent behavior, imprisonment and homelessness; drug dependence; histrionic, borderline and adult antisocial personality disorders; panic and obsessive–compulsive disorders. This survey demonstrated that, as measured by the PCL: SV, psychopathy is rare, affecting less than 1% of the household population, although it is prevalent among prisoners, homeless persons, and psychiatric admissions. There is a half-normal distribution of psychopathic traits in the general population, with the majority having no traits, a significant proportion with non-zero values, and a severe subgroup of persons with multiple associated social and behavioral problems. This distribution has implications for research into the etiology of psychopathy and its implications for society.     

英国法律职业人才培养模式对我国的启示

英国法律职业人才培养模式分为理论、职业、实习和继续职业教育四个阶段,其特点是虽无统一的法律教育体制和司法考试制度,各地区和各法律院校在法律人才培养过程中具有较大的自主性,但同时有相应的机制保证法律职业人才的同质性;法学教育注重法律的实践性和应用技能的培养,法学教育机构和法律职业管理机构在人才培养过程中相互协作,共同发挥作用。英国的法律职业人才培养模式有可供我们学习借鉴的优点和经验。     

Financial intermediation in the securities markets law and economics of conduct of business regulation

The economic theory explains the role performed by intermediaries in financial markets. In securities markets, in particular, intermediaries act as facilitators of the financial exchange. In this context, conduct of business regulation is justified on the basis of structural problems of asymmetric information affecting the relationship between securities professionals and the individual investor.In this paper, two major conduct of business rules are analysed in the light of the kind of market imperfections they should be intended to address: the suitability and the anti-churning rules. From a functional perspective, the analysis merges major insights of financial theory with a comparative discussion of the legal rules in both the U.S. and the European Union. Law and economics approach to the matter leads to a much broader and more economically sound interpretation of the “churning” problem. This is related to an agency-based explanation of one of the most topical puzzles under debate in financial economics: the problem of noise trading.     

Labor market organization and professional regulation

Economic models of regulation suggest that the introduction of regulation is closely linked to the magnitude and distribution of costs and benefits anticipated by various groups and their costs of action. This paper draws on economic models to examine the development of systems of professional regulation in nursing since the end of the 19th century. It concludes that changes in supply and demand conditions and labor market organization have played a major role in the introduction of voluntary and mandatory licensure laws for registered and practical nurses.     

The expansion of the nuclear family unit in Great Britain between 1910 and 1920

This article deals with the evolution of the image of the individual and of family structure within every social class in Great Britain between 1910 and 1920, not only because of the influence of the Great War but also of the effect of new social legislative steps taken by the Radical Liberal government. Its essential findings are that the power of males declined in the aristocracy when they were faced, on the one hand, by the increasing attention and concern for children, and on the other hand, by the social, cultural, moral, and political part played by mothers within smaller working- and middle-class family units. Such units were regarded as the crucible for the regeneration and strengthening of the whole British society.     

The expansion of the nuclear family unit in Great Britain between 1910 and 1920

This article deals with the evolution of the image of the individual and of family structure within every social class in Great Britain between 1910 and 1920, not only because of the influence of the Great War but also of the effect of new social legislative steps taken by the Radical Liberal government. Its essential findings are that the power of males declined in the aristocracy when they were faced, on the one hand, by the increasing attention and concern for children, and on the other hand, by the social, cultural, moral, and political part played by mothers within smaller working- and middle-class family units. Such units were regarded as the crucible for the regeneration and strengthening of the whole British society.     

Forensic medicine in Great Britain. I. The beginning

This paper briefly outlines the evolution of modern forensic medicine in Great Britain from the coroner system originally implemented. It focuses on the role of Andrew Duncan, Sr. in creating a chair in medical jurisprudence and establishing a precedent for the teaching of forensic medicine to students and practitioners alike.     

An experimental study of responses to armed police in Great Britain

Journal of Experimental Criminology - This study tested whether the presence of a firearm changed the way people reacted to police among a British sample. In an online study, participants were...     

现代英国家事案件审判体制的变迁及其启示

英国家事案件审判体制的变革顺应了社会发展,反映了民众呼声,从最初由宗教法院审理离婚案件发展到20世纪末建立完整的三级家事案件审判体制,即家事程序法院——治安法院中由家庭问题专家开庭审理案件;郡法院;高等法院家事法庭。英国家事案件审判体制变迁的司法理念包括建立专门的家事法庭;设立专门的保护儿童权利的机构;重视和解和调解工作。对我国未来司法体系变革的启示是：建立专门的家事合议庭;建立配套的儿童保护机构;完善家事纠纷中的法院调解。