2001年刑事执行法学研究的回顾与展望

一、研究概况 2001年是新世纪的第一年.在这一年里,刑事执行法学的研究呈现一派欣欣向荣的景象,理论研讨热烈而富有成效的展开.据不完全统计,本年度在各类刊物上发表的有关刑事执行法学的论文有200多篇.出版的专著有:葛炳瑶主编<依法治监论>、王利荣著<行刑法律机能研究>、夏宗素、朱济民主编<中外监狱制度比较研究文集>以及由中国监狱学会和加拿大刑法改革与刑事政策国际中心合著的<中加矫正制度比较研究>等.     

2002年刑事执行法学研究的回顾与展望

据统计,本年度在各类刊物上发表的有关刑事执行法学的论文有200多篇,内容涉及刑事执行法的各个方面.本年度主要的学术活动有:2002年1月30日至31日在北京举行了由中国政法大学刑事司法研究中心、中国人民大学犯罪与监狱学研究所、中国监狱学会等单位联合主办的"刑事执行法制建设理论研讨……     

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     

Joining anthropology and law enforcement

The role of anthropology in law enforcement involves three aspects of law enforcement activity; forensic anthropology, police-community relations research, and legal ethnographic research on the law enforcement agencies themselves. The first of these contributions to law enforcement by physical anthropologists faces competition from other closely related fields. Police-community relations research is a potential growth area for the application of anthropological efforts, as is legal ethnographic analysis of police organizationa. These latter two areas are within the realm of social anthropology, while the former is a specialty of physical anthropology. This article reviews the contributions of anthropologists and the applications of anthropological methods to law enforcement. It contends that criminal justice educators and police practitioners alike can benefit from knowing more about how these anthropological specialties have contributed and can continue to contribute to law enforcement.     

执法人性化争议

执法人性化在我国的刑事执法领域和行政执法领域是比较时髦的话题,但实践中依然存在一些错误倾向,本文主要探讨执法人性化的必然性和如何实现执法人性化的问题。     

Criminal law

The close temporal coincidence of International Human Rights Day 2010 (10 December 2010) and the tenth anniversary of the Human Rights Act 1998 (2 October 2010) stimulates some reflections on the progressive scope and influence of this domestic statute of towering importance. In addition, it seems especially appropriate to examine how Article 2 of the European Convention, which protects the individual’s right to life and is a cornerstone of this treaty, has featured in the jurisprudence of both the European Court and domestic courts. This article considers the celebrated Conjoined Twins case, together with other challenging issues which have confronted the courts – termination of pregnancy, medical prolongation of life, assisted suicide and so-called ‘mercy killing’.     

Criminal law

The law of evidence in Nigeria has never denied the competence of a child to give evidence. The repealed Evidence Act had provisions for how the evidence of a child can be obtained, but did not define or provide a guide as to who is considered a child. As a result, the courts relied on other statutes for illumination as to who a child is. This paper examines the new Evidence Act as it relates to the evidence of a child, particularly the broadening of the scope of child evidence in Nigeria. This paper will conclude that there is marked improvement.     

Organizational change in law enforcement

A major problem in identifying and understanding change in law enforcement organizations is in specifying the object of intended change and the process by which change is to be implemented. The study focuses on organizational-structural change in police organizations and examines factors which have influenced the implementation of saturation patrol units, covert surveillance units, and regionalized detective bureaus. The results indicate that factors such as domain consensus, dependence and influence relationships, and perceptions of threat affect both the acceptance and use of these organizational changes.     

Technological innovation in law enforcement

Using data from two studies an analysis was made of producers' involvement in marketing new law enforcement equipment and of how law enforcement organizations came to adopt/reject these products. In general, the new product system in law enforcement was seen as involving 1) producers using technologies developed in other sectors to make “new” products for law enforcement users who 2) tend to not actively search for new products but wait to be made aware of new product developments and who 3) tend to engage in limited testing procedures.     

Further notes on information,corruption, and optimal law enforcement

We consider two important notes on optimal law enforcement with corruption. First, we analyze the role of asymmetric information on the emergence of collusion between criminals and enforcers. Second, our paper proposes that the optimal criminal sanction for the underlying offense is not necessarily maximal. We achieve this result by coupling the criminal sanction for the underlying offense with a criminal sanction for corruption, both imposed on offenders. A higher criminal sanction for the underlying offense implies that the government must spend more resources to detect and punish corruption (since the likelihood of collusion increases). Thus, the government could reduce this sanction, save on detection, and increase the criminal sanction for corruption (in order to offset the negative effect on deterrence). We are grateful to Mitch Polinsky and two anonymous referees for helpful suggestions. The usual disclaimers apply.     

Sheriff law enforcement officers and the use of force

This study examined the relationship between sheriff law enforcement officers' characteristics and their use of force. Official records were utilized to collect data on the sworn law enforcement officers of the Florida Polk County Sheriff's Office and their self-reported use of force for 1999. The findings of this study indicated that White, male law enforcement officers, thirty-five years of age or younger, with less than 145 months of service, and assigned to patrol duties were more likely to resort to the use of force. Given that sheriff law enforcement officers are an integral part of policing, it is recommended that more studies be conducted of the use of force by these public officials.     

Rating the intrusiveness of law enforcement searches and seizures

This article presents the results of a survey that asked 217 subjects to rate the “intrusiveness” of 50 different types of law enforcement investigative techniques, taken primarily from U.S. Supreme Court cases. Respondents disagreed strongly with many of the assumptions the Court makes about privacy and autonomy. Additionally, three theories are developed to help explain perceptions of intrusiveness.     

论行政执法的精神追寻——兼论我国行政执法理念的创新

行政执法作为任何法治国家中所广泛存在的一种政府行为,其对于推进整个国家和社会的文明、进步与和谐具有不可替代的作用。而行政文明作为政府行政执法行为的精神追寻所在,对其具有重要的指引和评价作用,遵循行政文明的精神有助于行政执法行为在不断的检点和矫正中沿着"善"的轨道运行。我国政府应当以行政文明这一精神为引领,积极推进行政执法理念创新,实现政府的自我再造。