司法鉴定听证制度若干问题研究

听证制度在国家立法和行政工作中已取得较为完善的构建.近些年来,在鉴定实务中,如知识产权、医疗纠纷、司法精神病鉴定、司法会计鉴定等鉴定领域,也已经试用听证来解决一些难题.学界也对司法鉴定听证进行关注、研究,主要涉及鉴定听证的制度价值、适用范围、启动、听证参与人的确定、主持人的选任、听证程序规则设计等方面,但当下仍存在诸多争议和问题.对司法鉴定听证制度进行研究,论证司法鉴定听证的法律依据、制度价值,在此基础上提出司法鉴定听证在补充收集材料真实性的责任承担主体、启动、时间选择、参与人的确定等问题上的解决路径.     

破产企业单位社区再造的治理路径研究——以成都市L社区为例

社会基层治理是国家治理的微观基础,城市社区是社会的基本单元.我国城市单位社区是城市社区的重要组成部分,因地制宜探索城市单位社区治理模式有利于完善城市社区建设、健全社会治理体制、提升国家治理能力.成都市L社区为破产企业单位社区,其治理以党建引领为核心,以共建共治共享为导向,以社区再造为路径,形成了"党委领导、政府负责、社...     

社區矯正理論研究的啓發與思考

社區矯正是一種刑罰執行方式，是一種刑罰執行制度。比较而言，從宏觀上說，社區矯正問题在我國應當算作是一個全新的問题。理論研究興起時間不是很長，原來法律上也没有明確规定。但是，無論是在理論上還是在實踐中，我國社區矯正問题的研究可谓热情高漲，進展迅猛，成就斐然。     

论中国法院的“合一制”——历史、实践和理论

中国法院经过较长时间的历史演变,于20世纪80年代初确立了独特的合一制组织模式。合一制指的是一种审判与(司法)行政彼此交织融合、由院长全面负责的科层化的制度安排。合一制一度对中国持续快速的经济增长产生积极影响。但是,随着社会中心议题及正当化机制从经济增长逐渐向社会可持续、综合性发展转变,司法行政与审判融为一体的组织结构已不合时宜。将司法审判从过度的科层结构和总体性框架中脱域出来,进而促进宏观政治社会的功能分化,应作为一种发展取向。     

警察行政权的法律责任及监督机制

为维护社会秩序和增进公共福利,赋予警察在社会管理方面一定的公权力是必须的,这种权力就是警察行政权。警察行政权涉及社会的各个方面,对公民的生活影响极大,没有完善的法律责任及监督机制的制约极易给公民的合法权益造成侵害。在实践中,确实大量存在着警察行政权违法行使的情况,因此,应进一步明确警察行政权行使的法律责任并完善其监督机制。     

合作治理：成都市推进城市社区建设的探索与思考

随着城市化进程的加快,社区建设已成为城市社会管理的关键所在。近年来．成都市在城市社区建设中对城市社区“合作治理”进行了有益的探索并取得了初步成效。但由于受诸多不利因素的影响和制约．城市社区“合作治理”在实践中还存在一些问题,需要从改革城市社区“合作治理”体制、培育社区民间组织、强化市场化运作、建立有效对接机制等方面推进城市社区建设。     

TOWARD THE DIFFERENTIATION OF HIGH‐CONFLICT FAMILIES: AN ANALYSIS OF SOCIAL SCIENCE RESEARCH AND CANADIAN CASE LAW

Social science research and the courts have begun to recognize the special challenges posed by “high‐conflict” separations for children and the justice system. The use of “high conflict” terminology by social science researchers and the courts has increased dramatically over the past decade. This is an important development, but the term is often used vaguely and to characterize very different types of cases. An analysis of Canadian case law reveals that some judges are starting to differentiate between various degrees and types of high conflict. Often this judicial differentiation is implicit and occurs without full articulation of the factors that are taken into account in applying different remedies. There is a need for the development of more refined, explicit analytical concepts for the identification and differentiation of various types of high conflict cases. Empirically driven social science research can assist mental health professionals, lawyers and the courts in better understanding these cases and providing the most appropriate interventions. As a tentative scheme for differentiating cases, we propose distinguishing between high conflict cases where there is: (1) poor communication; (2) domestic violence; and (3) alienation. Further, there must be a differentiation between cases where one parent is a primary instigator for the conflict or abuse, and those where both parents bear significant responsibility.     

责任政府:内涵、形式与构建路径

依现代民主政治的发展,责任政府的外延已由责任内阁制政府扩展至所有民主政府。就责任政府而言,责任应是民主政府系统中的核心要素。我国责任政府体制包括两个组成部分:一是政治问责制,即国家行政机关要对国家权力机关负责,国家行政机关首长要对自己机关的全面工作向国家权力机关负政治责任。二是行政问责制,即行政首长要对整个行政机关的工作负全面责任,行政首长具有对政府组成部门及其首长、下级行政机关及其首长、公务员的行政问责权力。目前我国行政问责在理论、实践上还存在一些问题。从行政问责逐渐发展到政治问责是我国责任政府建构之路径。     

Applying the Responsibility to Protect to the ‘Arab Spring’

The doctrine of the responsibility to protect, since its inception in the ICISS report of 2001, has been the subject of considerable discussion. Arguably its most publicised component is the principle that the international community has the responsibility to protect civilian populations against severe suffering where the relevant national authorities are unable or unwilling to do so. Consequently, the main focus of discourse upon the responsibility to protect has centred on its impact upon the approach of the international community to intervention in respect of situations posing considerable humanitarian crises. The events of the Arab Spring, in which full blown conflict in some states gave rise to serious human suffering, provided a real opportunity for the international community to evaluate the role of the responsibility to protect in decision-making over responding to such instances, and potentially to develop it into a practical and meaningfully implementable concept. However, due to political flaws inherent in the doctrine, and its arguably overstated significance, the doctrine at best played a minimal role in guiding the international response to developments in the Arab World. Nonetheless, responses to the Arab Spring do allow certain conclusions to be drawn in respect of the future relevance of the doctrine.     

论我国专家辅助人制度及其完善

随着2012年修订的《刑事诉讼法》的施行,我国全面确立了专家辅助人制度.专家辅助人制度可以提高当事人质证的有效性,促进法庭实质审查鉴定意见的准确性.但是,我国专家辅助人制度存在着中立性无法确保、作用范围有限等缺陷.为了正确发挥专家辅助人制度的功能,我国应采取一系列措施进一步完善专家辅助人制度,例如明确专家辅助人的首要职责,建立专家辅助人库,强化鉴定中立性原则,确立利益冲突原则等.     

承继共同正犯：意义、类别与学说对立

作为共犯中的一个基本问题，承继共同正犯既具有共同正犯的一般特征，又与一般的共同正犯不无差异。基于学术立场和共犯观念的不同，刑法界对承继共同正犯的理解自然不同，进而导致在一些个案的处理上存在着不同的意见，影响了案件定罪与责任的妥当性。本文在借鉴国内外学者研究的基础之上，对承继共同正犯的概念及其特征、类别及其学说对立进行了初步研讨，以期对中国的相关立法和司法实践产生些微影响。     

我国城市社区民主自治研究综述

近年来,城市社区民主自治问题已迅速成为国内学界的研究热点,特别是研究的重点不断拓宽,呈现出了全方位、多层次、宽领域的特点,但仍在诸多方面存在不足。纵观学界研究现状,可以为进一步推进我国城市社区民主自治研究提供某种启示。     

Compensation for industrial accidents and incentives for prevention: a theoretical and empirical perspective

This paper examines the compensation systems for industrial accidents in Belgium, Germany and Great Britain, thereby taking into account some recent empirical data on industrial accident rates and (although hardly available) amounts of compensation paid out to employee victims. The key question of this paper, derived from past research in law and economics, is whether these particular compensation systems include elements that may contribute to the prevention of industrial accidents. While the three countries examined here all have at least some incentive-based elements, notably in the way those systems are financed, there appears to be room for improvement both in Belgium and Great Britain. The German case study leads to the proposition that giving an organisation the responsibility for both compensation and prevention may have a beneficial effect on the accident rate.     

The Impact of Insanity Acquittees on Missouri's Public Mental Health System

Even though state departments of mental health have primary responsibility for the care, custody, and treatment of insanity acquittees, the impact of insanity acquittees on the public mental health system is generally lacking in policy discussions and as a topic for policy research. This issue has received increased attention in Missouri, where insanity acquittees now occupy half of the long-term public psychiatric hospital beds. This article examines the presence of Missouri's insanity acquittees on the state's public mental health system and includes the impact on goals, fiscal costs, inpatient and community psychiatric services, and inpatient treatment staff. As states consider managed care and other cost containment measures, it remains to be seen if the high costs associated with extensive use of hospitalization of insanity acquittees to promote public safety will influence policy changes to more community-based insanity acquittee systems.     

Off with their Heads: The Need to Criminalize some forms of Scientific Misconduct

Improvement in policy for the management of scientific misconduct has been slow. While assurance of due process at the ORI level is now in place, similar protections at the institutional level and institutional responsibility for further oversight and a workplace where the responsible conduct of research can be practiced have not yet been addressed. In contrast, policy regarding human subject protection has evolved rapidly to reflect firmer norms, with decisive priority given to subject protection over scientific or social needs. Perhaps because scientific misconduct policy has the potential to harm the careers of individual scientists and harms to individual subjects are thought to be indirect, the scientific community has been successful in blocking every move toward testing more rigorous regulation. The mantras that scientists can discipline their own, and the price of competitive science is some level of scientific misconduct are not persuasive. The standards by which science is judged should not be an exception to those governing others who deal with the public's money and have a duty to the public interest.     

Reform, change, and continuity in Finnish health care

This article describes some essential aspects of the Finnish political and governmental system and the evolution of the basic institutional elements of the health care system. We examine the developments that gave rise to a series of health care reforms and reform proposals in the late 1980s and early 1990s and relate them to changes in health care expenditure, structure, and performance. Finally, we discuss the relationship between policy changes, reforms, and health system changes and the strength of neo-institutional theory in explaining both continuity and change. Much of the change in Finnish health care can be explained by institutional path dependency. The tradition of strong but small local authorities and the lack of legitimate democratic regional authorities as well as the coexistence of a dominant Beveridge-style health system with a marginal Bismarckian element explain the specific path of Finnish health care reform. Public responsibility for health care has been decentralized to smaller local authorities (known as municipalities) more than in any other country. Even an exceptionally deep economic recession in the early 1990s did not lead to systems change; rather, the economic imperative was met by the traditional centralized policy pattern. Some of the developments of the 1990s are, however, difficult to explain by institutional theory. Thus, there is a need for testing alternative theories as well.     

Permanent beat assignments in association with community policing: Assessing the impact on police officers' field activity

Although the permanent assignment of police officers to their beats has long been an important goal in community policing, its utility has not been assessed empirically. Using a multiple time-series quasi-experimental design, the present study reports on an impact assessment of permanent beat assignment in conjunction with a community policing program implemented in the Philadelphia Housing Authority Police Department. Permanent beat assignment in the treatment sites led to increases in officer-initiated investigative activity (indicating greater responsibility for beats), while no such changes were observed in the comparison sites. Implications for public policy and for conducting police research in public housing are discussed; future research directions are suggested.     

Responsibility and Rights: Children and Their Parents in the Youth Justice System

Responsibility is one of the key themes to emerge from the reformsto the youth justice system that have taken place since 1998.Now, the child and his parents are responsible for the offendingbehaviour of the child. This article explores the nature ofchild and parental responsibility in the youth justice system.In particular it analyses the type of responsibility demandedof both child and parent, drawing on the work of Hart and Caneto provide a conceptual analysis of responsibility in youthjustice. It goes on to consider the impact on the rights ofthe child and his parent of the mechanisms used to require responsibilityfrom parents for their child's offending (such as parentingorders, bind-overs, and the payment of fines and compensation).It suggests that there has been a lack of conceptual clarityin government policy and that if the current scheme for demandingparental responsibility continues then better attention needsto be paid to the rights of both parent and child.     

Exploring the Link between Mentoring Program Structure & Success Rates: Results from a National Survey

Though mentoring has emerged as a promising and low-cost intervention for at-risk youth in recent years, the scientific knowledge base on the topic remains under-developed. The current study augments the knowledge base on youth mentoring by analyzing programmatic elements of mentoring programs situated in or adjacent to the juvenile justice system that are predictive of participant success. Poisson regression was utilized to analyze data collected through a national mentoring community saturation survey. Findings indicated that mentoring programs that require more frequent interaction and sustain relationships for longer timeframes realize higher success rates. Similarly, the use of formal mentor training was also observed as indicative of the use of evidence based practices and higher success rates, though likely beyond the logistical and fiscal reach of some local mentoring initiatives. The implications for further research and the mentoring community are discussed.     

从使用武力法看保护的责任理论

保护的责任是21世纪初国际上出现的新理论。将该理论中的军事干涉因素与《联合国宪章》关于使用武力的规定进行比较,观察近10年来国际社会的有关实践,可以认为该理论并未在国际法上改变现行的使用武力法规则,国际社会对该理论中军事干涉问题并未形成共识。现阶段对以军事手段实施保护责任应持谨慎态度。