论法官职务与行政级别完全分离

我国法官职务与行政级别挂钩有着历史渊源,行政级别决定着法官职务等级,决定着法官的地位和各种待遇。这种现象限制了法官的晋升空间,影响了法官尤其是基层法院法官的经济待遇,挫伤了法官的积极性,也为行政干预司法提供了土壤。法官职业具有专业化、个体化运作特点,不能套用行政级别。法官职业应按照其运行规律,构建独立的法官职务等级序列,且法官享有的各项待遇应与法官职务等级紧密挂钩,而与行政级别无关。为此,要将法官从公务员队伍中独立出来,实行单独的职务序列管理;要对法院人员严格考核后进行重新分类管理,实现法官的精英化。同时,要完善法官职务序列,实行严格的晋升考核制度。     

甄选与激励:中国政府人事层级细分的内在机制

尽管中国政府明确划分了行政级别,但在现有的行政级别内还存在着更细致划分的职务层级。论文提出了"层级细分"的概念来解释这一现象,并根据人事经济学的理论,阐释制度设计的原因:一是为了甄别竞争官员的实际能力,通过增设的层级,增加考核的机会并创造晋升的激励;二是为了强化竞争官员的晋升激励,通过增设的层级,划分竞争的组别并降低官员异质性。论文运用中共十五大以后省级领导的人事调动情况,对上述两项理论假设进行检证,藉此展示出中国政府甄选和拔擢官员的制度逻辑。     

浙江将严处收受索取“红包”者

最近浙江省卫生厅出台《关于严禁收受"红包"的规定》。规定要求各级医疗单位工作人员必须严守职业道德,廉洁行医,医务人员在医疗工作中一律不得收受病人馈赠的"红包"、有价证卷和贵重物品。对于违反规定收受病人"红包"者,除追缴"红包"财物款外,还处以1至3倍的罚款,取消当年晋升技术职务的资格;凡收受"红包"累计金额在1000元以上或收受"红包"次数较多,暗示病人送"红包"者,除给当事人罚款外,给予降、解聘技术职务一年的处理。医务人员向病人索要钱物,或因病人不给好处,推诿拒治危重病人,或乘病人之危进行敲诈勒索,或玩忽职守造成重大医疗责任事故,除对当事人作出处理外,再处以1000元至3000元罚款,事发当日起5年内不得晋升技术职务,降、解聘技术职务二年。     

人事部颁行《国家公务员职务升降暂行规定》

从今年1月29日开始，人事部制定的《国家公务员职务升降暂行规定》在全国施行。《暂行规定》对晋升公务员职务的基本条件作出以下规定：晋升国家公务员职务，应在国家规定的职务名称序列和职数限额内进行；晋升职务的国家公务员必须能坚定地贯彻执行党的基本路线和国家的各项方针、政策；有较强的事业心和责任感，努力为人民服务，工作实绩突出；能廉洁奉公，遵纪守法，作风正派，团结共事；具有拟任职务所需的文化专业何识和工作能力。晋升领导职务的，还必须具有胜任领导工作的理论政策水平和组织领导能力，并符合领导集体在年龄结构等方…     

市委书记的“情路”与“官路”

有一个现象,在现在看来是颇具戏剧性与讽刺意味的:2008年2月,前广东省茂名市委书记罗荫国,曾在一次全国党风廉政建设工作电视电话会议上介绍反腐倡廉的"茂名经验",当时他自己还身兼茂名市党风廉政建设领导小组组长职务。按照茂名党风廉政建设"一岗双责"的     

论行政机关内部职务晋升的激励作用与公正性评析

行政机关内部职务晋升具有激励作用,但也存在缺陷和弊端,为使积极作用最大化,把消极负面影响降到最低程度,坚持晋升公正性是关键。西方组织理论认为,公正性理论包括:结果公正性,晋升过程公正性和交往公正性三个方面要求,由此所引发出一些思考,文中建议中国公务员制度的改革与完善需对职位的设计做出调整和扩展。     

何日跳出“边腐边升”怪圈

6月4日7时50分,监察部官网发布消息:安徽省原副省长倪发科涉嫌严重违纪,目前正接受组织调查。6月4日,一则"骗了朱镕基总理"的网文.在互联网上大量转载,称倪发科涉嫌"粮库满仓骗总理"事件,朱镕基到达南陵县粮库的前一天."前南陵县委书记、时任芜湖市委副书记的倪发科还领着省、市、县一天帮人赶去验收"。(《新京报》6月5日)尽管这则消息还不能完全证实,但恐怕并不是空穴来风。而像这种"边腐边升"的现象,并不是什么稀罕之事.深圳大学当代中国政治研究所硕士研究生涂谦经过研究.得出了"近十年来落马的72名省部级官员中,近八成官员腐败期间职务得到晋升。其腐败领域集中在经济领域和政治领域.而政治领域的腐败主要     

解读受贿罪“利用职务之便”

受贿罪中,"利用职务之便"是一个重要的构成要件,同时也是理解受贿罪的重要前提,关于"利用职务之便"如何进行界定是刑法学界一直探讨的重要问题。本文结合受贿罪"利用职务之便"的相关规定,对"利用职务之便"进行了详细的分析,包括在行为方式上,在"利用职务上的便利"与‘利用职权或者地位形成的便利条件"的关系方面,以及"利用职务上的便利"与"为他人谋取利益"的关系等方面都进行了详细的分析,最后从利用职务之便的行为方式上对受贿罪"利用职务之便"进行了总结。旨在通过本文的研究为我国刑法理论界和实务中正确认识这一罪名和理解运用到具体的案件定性提供依据。     

辽宁出台行政机关中层领导职务升降实施意见

《辽宁省行政机关中层领导职务升降实施意见》规定,晋升行政机关中层领导职务的人员除应具备必要的任职条件外,还应具备规定的资格。即必须是近两年年度考核连续优秀或近3年连续考核称职以上的。晋升正处(科)级领导职务,需任副处(科)级职务2年以上;晋升副处(科)级领导职务,需任正科(科员)级职务3     

以改革的思路做好晋升检察员工作

为培养和造就一支素质优良、纪律严明、业务精通，能够全面担负起法律监督职能的检察业务骨干队伍，１９９４年以来，我院在１９９３年中层干部聘任和一般干部双向选择取得成功的基础上，又将法律职务晋升作为干部人事制度改革的一项重要内容，大胆地进行实践和完善，取得了明显成效，大批优秀人才脱颖而出。几年来，省院机关共晋升检察员２０名，平均年龄３３．５岁，法律本科以上文化程度的１４人，占７０％，有７名同志已走上了中层领导岗位。一、晋升检察员工作的基本做法检察员是检察官法规定的最高法律职务，是检察干部检察业务水平的…     

A multivariate investigation of dating aggression

This study investigated the following variables for their unique and combined contributions to dating aggression: exposure to aggression in the family of origin (witnessing interparental aggression or being the victim of aggressive parenting); attitudes justifying dating aggression (when humiliated or in selfdefense); child-to-parent aggression; child sexual abuse; violent sexual victimization; alcohol use; and socioeconomic status. One hundred and eleven male and 179 female undergraduates reported on their own aggressive behaviors directed toward dating partners. Together, the predictor variables accounted for 41% of the variance in male-to-female aggression but only 16% of the female-to-male aggression. Humiliation, as a justification for dating aggression, contributes to the prediction of both males' and females' dating aggression, while self-defense, although a highly endorsed condition for justifying dating aggression, does not predict actual aggressive behavior. Exposure to interparental aggression plus the product between exposure and humiliation contribute to the prediction of males' dating aggression but exposure does not play a role in females' dating aggression. Violent sexual victimization contributes unique variance to both males' and females' dating aggression. The present data highlight the importance of examining specific circumstances under which males and females justify dating aggression and how such attitudes condoning aggression affect actual behaviors.     

The glass ceiling at the highest levels of the Spanish judiciary

ABSTRACT

In Spain, the number of female judges at the highest levels of the judiciary is very low, despite the approval of two Strategic Plans for Equality in the Judicial Career (2013 and 2020). This situation does not seem to differ from other European countries, according to the data offered by CEPEJ (2018). It is clear that the end of tokenism has not yet arrived, and for that reason, an analysis of the main probable causes for this glass ceiling is carried out in this paper. A greater effort must be made in order to overcome this situation and achieve a better representation of female judges at the highest levels of the judiciary system.     

Unusual fatalities caused by glass splinter injury]

In the case of a thorax stab wound and an intrapulmonal position of the glass fragment (fall from a ladder into a glass door) an extrathoracic cardiac massage had been carried out. The result of which, an extremely unusual "reanimationtrauma" and the problems connected with it are discussed. In another case of a stab wound of the right iliacal vessels and the position of the glass fragment in the minor pelvis (jump through a thermopane glass of a door, followed by a fight) investigations were first conducted because of the suspicion of manslaughter. The autopsy, however, completely excluded death through fault of another. Further an unusual figured glass cut wound on the left side of the head (fall into a glass brick wall) led to death through gradual bleeding. The question arose whether death was caused by failure to give assistance.     

律师最高额抵押诉讼实务探讨

探讨律师最高额抵押诉讼实务,对于我国最高额抵押制度的完善和其社会作用的发挥具有重要意义。《中华人民共和国物权法》和《中华人民共和国担保法》对最高额抵押作了规定,但比较原则,很不完善,导致纠纷频现,严重影响其重要作用的发挥。应细化律师最高额抵押诉讼实务中合同效力的审查、担保债权的确定和诉讼请求等,并明确解决相关问题的基本原则。     

Gunshot wound with asphalt related pseudo-soot, pseudo-tattooing, and pseudo-scorching

Artifacts which mimic the tattooing and soot deposition of close range gunshot wounds have been described as "pseudo-soot" and "pseudo-tattooing." The origin of such findings includes glass, intermediate targets, insect bites, medical manipulation, graphite, and sutures. The authors present a case of pseudo-soot and pseudo-tattooing as a result of asphalt pavement, and describe the associated entity of pseudo-scorching.     

Performance testing of commercial containers for collection and storage of fire debris evidence

Fire debris evidence may contain ignitable liquid residues valuable in the investigation of a potential arson scene. The ability to obtain evidence containers that are contaminant-free and vapor-tight is essential to the analysis and storage of fire debris evidence. Commercial containers such as metal "paint" cans, glass mason jars, and polymer bags are often employed as fire debris evidence containers. The purpose of this research was to determine which of these three types of containers provided the most vapor-tight seal for the prevention of ignitable liquid vapor loss and to assess the potential for cross-contamination. Leak rates for each type of container were measured under controlled conditions. Simple mixtures of hydrocarbons were utilized in these experiments. Leak rates were determined based on the amounts of hydrocarbon recovered from activated charcoal located outside the test container and within a secondary container. Quantitation of the hydrocarbons recovered from activated charcoal was calculated using external standard calibration curves following analysis by gas chromatography-mass spectrometry. The results demonstrated that glass jars had the fastest leak rate followed by metal paint cans and properly heat-sealed polymer bags with the slowest leak rate. Each container exhibited a different leak mechanism, which resulted in an observable effect on the composition of hydrocarbons lost from the container. Hydrocarbon transfer from one container to another is also demonstrated. This study presents results that reveal the most vapor-tight container to be a properly heat-sealed copolymer bag.     

Adolescent observers of marital violence

The relationship between observation of marital violence and adolescent behavior and adjustment was studied. One hundred and one predominantly white 13- to 18-year-olds from four residential treatment agencies and one youth shelter were interviewed. Approximately half reported witnessing marital violence and were compared with those not exposed to interparental violence with respect to depression, running away, use of violence toward parents, and approval and use of violence toward dating partners. Substantial numbers reported being depressed, running away, hitting their parents, and hitting and being hit by dating partners. However, the findings indicated only a modest effect of witnessing interparental violence, which was mediated by gender. Males exposed to spousal abuse were significantly more likely to have run away, report suicidal thoughts, and somewhat more likely to hit their mothers as compared to nonobservers. Witnessing marital violence was unrelated to females' behavior or well-being.     

Repeatability and reproducibility of earprint acquisition

For all forensic disciplines dealing with identification -- e.g., of glass, tool marks, fibers, faces, fingers, handwriting, speakers -- in which manual (subjective, nonautomated) processes play a role, operator dependencies are relevant. With respect to earprint identification, in the period 2002-2005, the Forensic Ear Identification research project collected a database of 1229 donors, three prints per ear, and laid down a "best practice" for print acquisition. Repeatability and reproducibility aspects of the print acquisition are tested. The study suggests that different operators may acquire prints of differing quality, with equal error rates of the matching system ranging from 9% to 19%. Moreover, it turns out that "matching" earprints are more alike when taken in a consecutive row than when taken on separate occasions. This underlines the importance of (1) studying operator effects, (2) operator training, and (3) not gathering "matching" reference material at the same occasion.     

The consequences of potentially differing distributions of the refractive indices of glass fragments from control and recovered sources

In forensic cases involving glass evidence, the variance of the recovered glass refractive index (RI) has been observed to be larger than the variance of the control glass RI. This has consequences for subsequent interpretation. To investigate this phenomenon, a study was made of the probable distributions of refractive indices of the recovered glass given a range of casework type scenarios involving breakage and backscatter. An investigation of the consequences of any distribution differences with regard to casework was also made. It was discovered that the inclusion of surface fragments from the float surface of the glass can have a profound effect on the comparison of recovered and control glass samples. The effect was largest when a breaker was striking the float surface of a window. In particular, it was found that the inclusion of a few surface fragments even post grouping is sufficient by itself to explain the observed differences in variance of RI between control and recovered groups. Surface fragments, if present, are very likely to be treated as outliers and to be deemed as non-matching. The findings of this paper challenge routine glass examination procedure and suggest that knowledge of which surface is facing the striker is valuable information in interpretation.     

The indirect transfer of glass fragments to a jacket and their subsequent persistence

Experiments were conducted to investigate a scenario sometimes encountered in casework, where a police officer has attended a scene and shortly afterwards arrested a suspect. The experiments involve the transfer of glass fragments from a surface scattered with broken glass to a hand, and then from the hand to the sleeve of a poorly retaining jacket. The persistence of the transferred fragments was studied by collecting the glass fragments as they fell off the jacket, whilst the wearer was walking on the spot. The recovery regime allowed the number and proportion of fragments picked up and transferred to the jacket from the hand to be determined, and the rate at which they were lost from the jacket to be monitored. The results show that large numbers of glass fragments can be picked up on a hand from a suitable surface. A subsequent firm grip to a poorly retaining jacket was found to transfer a significant proportion of the glass fragments from the hand to the jacket. In seven of nine tests performed, ten or more glass fragments were recovered from the jacket 60 minutes after the original contact between the hand and the broken glass. More than twenty fragments were recovered in three of these tests. Consequently, where possible and appropriate, the full circumstances of a case should be considered carefully before indirect transfer is ruled out as a possible explanation for recovered “matching” glass. This is the case even for poorly retaining clothing.