泰国《全民健康保障法》及其对我国医疗保障立法的启示

泰国《全民健康保障法》为我国的医疗保障改革提供了可参考的样本.该法立足于泰国社会经济发展的现状,为所有国民提供了普遍的免费医疗保障.该法所建立的全民健康保险计划以一般税收作为资金来源,通过医疗资金管理者和医疗服务提供者的分离,以及按人头付费的方式,控制医疗成本.该法满足了全民的健康需求,提高了医疗服务的可获得性,促进了健康权利保障的平等性,保障了国民避免因病致贫的权利.我国的医疗保障改革应以公共税收作为全民医保的主要经费来源,以无差别的全民医保保障医疗权利的平等性,同时必须特别关注弱势群体的需求.     

Rape Victim Blaming as System Justification: The Role of Gender and Activation of Complementary Stereotypes

This research examined reactions towards female rape victims from a system justification perspective. Study 1 demonstrated that gender-related system justification motivation (Modern Sexism) predicted the propensity to blame a female rape victim among men, but not among women. Modern sexism predicted rape victim blaming among men even when statistically controlling for a general antipathy towards women, and the results were unaffected by social desirability concerns. Consistent with previous study on system justification theory, we demonstrated in Study 2 that system justification motivation can predict victim blaming also among women, provided that complementary stereotypes about women have been activated. By contrast, system justification motivation predicted men’s propensity to blame a rape victim irrespective of whether complementary stereotypes about women had been experimentally activated.     

Unaccountable: The Current State of Private Military and Security Companies

Abstract

The current accountability system for private military and security contractors (PMSCs) is woefully inadequate, and mere enhancements in oversight cannot hope to remedy that failing. I contend that once we recognize the kind of accountability required of PMSCs, we will realize that radical changes in the foundational relationship between PMSCs and the state are required. More specifically, in order to be appropriately accountable, members of PMSCs must become a part of or, at the very least, directly responsible to the legitimate authoritative military or police structures, and there must be a clear and precise delineation of responsibility among public officials for holding individual members of PMSCs criminally liable.     

中国特色国家安全法治道路七十年探索:历程与经验

中国特色国家安全法治建设是中国特色社会主义法治体系建设的重要内容。新中国成立70年以来,国家安全法治建设经历了以国防建设和政权安全为出发点的国家安全法制初创与曲折发展时期、以传统国家安全观法律化为重点的国家安全法制形成与完善时期、以及自2012年至今以总体国家安全观为指导加快国家安全法治建设等三个时期。在此过程中,形成了从国家安全法制建设到国家安全法治建设、从国家安全的法律之治到国家安全的良法善治、从传统国家安全观到总体国家安全观、从以政权安全为中心到以人民安全为宗旨、从侧重保护国家安全到国家尊重和保障人权、从注重反间谍工作到维护总体国家安全、从国家安全机构法到国家安全基本法、从维护中国国家安全到构建人类命运共同体的发展轨迹。     

National Security and the Press: The Government's Ability to Prosecute Journalists for the Possession or Publication of National Security Information

In 2006, then Attorney General Alberto R. Gonzales raised the possibility that journalists could be prosecuted for publishing national security information. In addition, the federal government's prosecution of two former lobbyists for the American Israel Public Affairs Committee (AIPAC) for possessing and disseminating national security information has been called an attempt by the government to prosecute individuals who behave like journalists. This article identifies existing laws under which the press could be criminally prosecuted for the possession and/or publication of national security information and describes how the courts have addressed those laws. The article concludes that while there is support for Constitutional protection for journalists in these cases, the Supreme Court of the United States is unlikely to interpret the First Amendment as protecting journalists from prosecution for possessing and/or publishing national security information. Therefore, the article contends that Congress should amend the statutes outlined herein to limit prosecution to instances when there is evidence of intent to harm the United States.     

The Joint Impact of Race and Gender on Police Department Employment Practices

ABSTRACT

In this study of police departments in southern California we examine the joint effects of race and gender on hiring practices. Although we find some similarities between the employment patterns of African-American and Hispanic officers, our most noteworthy findings involve the sharp differences between the factors which affect the hiring of different groups of individuals for sworn officer positions. The research presented here also improves on previous studies by showing the impact of violent crime rates on police hiring practices.     

National Implementation of ICC Crimes: Impact on National Jurisdictions and the ICC

The national implementation of the International Criminal Court(ICC) Statute has proven to be more difficult than initiallyanticipated. Most States Parties have either not incorporatedthe ICC crimes into their domestic laws, or they have done sousing different forms of wording. This article examines theimplementing legislation of several states to demonstrate howinadequate implementation of the ICC crimes might prevent statesfrom exercising their primary jurisdiction in criminal proceedings.In turn, this might affect the admissibility of a case beforethe ICC. To this end, this article also explores whether flawedimplementation of the ICC crimes amounts to unwillingness orinability of the state to genuinely prosecute. This articleargues that implementation of the Statute is of paramount importanceto the future of the ICC.     

论《国家安全法》的基本法律属性

中国特色社会主义进入新时代以来,国家安全领域立法明显加快,国家安全法律制度体系正在形成。从立法指导思想、调整对象、对国家机构职权和公民权利与义务的规定、立法表达技术、法律作用定位等方面来看,《国家安全法》具有该法律领域基本法律的属性,是国家安全法律领域的基本法。由于立法需求急迫同时立法条件不足,该规范性法律文件由全国人民代表大会常务委员会通过。在法律实施过程中,需要协调好该法律与宪法以及相关基本法律文件的关系。在条件成熟的情况下,由全国人民代表大会将该法提升制定为基本法律,应是合理的法律发展逻辑。     

Students and Perceived School Safety: The Impact of School Security Measures

Although secondary school violence has actually decreased, public concern over student safety is still prevalent. One response to publicized school violence has been the implementation of security measures (metal detectors, cameras) and policies (visitor sign in, locked doors). While these changes may decrease school violence, little research has examined the effect these security measures have on student perceptions of school safety. Utilizing the National Longitudinal Study of Adolescent Health (AddHealth), this study found that metal detectors and the number of visible security measures employed in school were associated with a decrease in student reports of feeling safe. Students who were male, White, had higher GPAs, and reported feeling safe in their neighborhood were more likely to report feeling safe at school, while those who experienced prior victimizations, had larger class sizes, and who attended schools that had disorder problems were more likely to report not feeling safe at school.     

Self-Reported Aggression and Impulsivity in Forensic and Non-Forensic Populations: The Role of Gender and Experience

Gender differences in aggressive behavior are traditionally seen as extremely robust. Yet, on closer inspection, the reasons for these differences appear to be incredibly complex as a wide range of moderating variables appears to influence the behaviour. Further, the effect of these variables is often gender specific. We examined aggressive beliefs and self-rated aggressive behaviour and impulsivity in forensic (115 males, 133 females at three closed prisons in the North of England) and non-forensic populations (114 males, and 122 females at the University of Leeds). Participants completed the Revised EXPAGG Questionnaire, the Buss-Perry Aggression Questionnaire, the Aggressive Acts Questionnaire and the Barratt Impulsivity Scale. Violent men and women, while more aggressive than both undergraduates and non-violent offenders, were equally likely to report their involvement in physical acts of aggression and showed similar levels of aggression and impulsivity. Previous experience of aggression, together with elevated levels of anger and impulsivity were better predictors of aggressive behavior than gender in all participants. These results suggest that gender differences in self-report measures (on cognitive, affective, and behavioral dimensions) in forensic populations may be less clear-cut than many have previously believed, particularly in the most aggressive individuals.     

The Impact of Gender Identity on Female Offending: A Quantitative Assessment Using the BSRI

Despite considerable research showing the importance of masculinity in male offending, the role of gender identity in female offending remains unclear. The current study explores the impact of gender identity on female offending among a sample of 843 college women using the Bem Sex Role Inventory and Multiple Problem Behavior Index. The impact of gender identity on rates of general deviance, as well as behaviors typically in high male and female participation, aggression and self-harming, respectively, were examined. Results found that women with masculine identity were more likely to engage in aggression as well as general deviance broadly. Gender identity was not found to impact rates of self-harming.     

The Bush Doctrine Revisited: The 2006 National Security Strategy of the USA

In its 2006 National Security Strategy, the USA reaffirms thecontroversial doctrine of pre-emptive self-defence as crucialin the "war on terror" proclaimed after the attacks of 9/11.But it does not provide a detailed examination of pre-emption.The questions left open in the 2002 US National Security Strategyas to what will trigger pre-emptive action, when action againstnon-State actors will be permissible and what degree of forcewill be proportionate in pre-emptive action are still unresolved.The promise that "The reasons for our actions will be clear,the force measured and the cause just" does not offer much inthe way of specific guidance. It is very striking that in thiscontext, the US strategy makes no reference to internationallaw or to the role of the UN Security Council. The other mainfocus of the strategy is on the "promotion of democracy", butit does not go so far as to assert any legal right to use forcefor this purpose, and it makes only passing reference to humanitarianintervention. The EU 2003 Security Strategy provides a markedcontrast in that it does not adopt the doctrine of pre-emptiveself-defence, does not expressly identify "rogue States" anddoes profess respect for international law and for the roleof the UN. Other States have not generally shown themselveswilling to accept a Bush doctrine of pre-emptive self-defence.They agree that there are new threats facing the world frominternational terrorists and the danger of proliferation ofweapons of mass destruction, but the 2005 World Summit showedclearly that there is no general acceptance of pre-emptive action.Moreover, the International Court of Justice still follows acautious approach to self-defence. The 2006 National SecurityStrategy largely reaffirms the doctrines of the earlier 2002Strategy, but whereas the focus in the 2002 Strategy was onthe threat posed by Iraq and North Korea; attention has nowshifted to Iran and Syria, accused of being State sponsors ofterror by Hizbollah and Al-Qaida. The article ends with a discussionof the recent conflict in Lebanon: this raised the crucial questionwhether the war on terror gave Israel a wide right to use force,even a pre-emptive right. The conflict highlights dramaticallythe practical significance of the divisions on the scope ofthe law of self-defence with regard to action against non-Stateactors, pre-emption and proportionality.     

谈互联网在公共服务型政府构建中的作用

建设公共服务型政府是信息化社会的大势所趋。因此,政府应当为经济发展提供良好的市场环境,为经济和社会的协调发展提供有效的公共服务。公共服务型政府的建设,将推进政府治理模式的转变和观念的更新,促使政府进一步转变职能。本文认为,互联网的发展对公共服务型政府构建既能起到积极的作用,也会带来负面影响,所以必须发展与治理并举。     

悬挂于理论与经验之间——国内安全保卫学的理论研究现状及其反思

国内安全保卫学的理论研究成果数量偏少,质量也有待提高,原因主要包括国内安全保卫学的保密性和封闭性、国内安全保卫学各研究主体之间缺乏交流和沟通、国内安全保卫学研究主体的主观认识有偏差等等,因此,必须通过采取建立相互沟通、取长补短的协作机制等措施来促进国内安全保卫学的发展。     

The Impact of Federalism on National Party Cohesion in Brazil

This article explores the impact of federalism on national party cohesion. Although credited with increasing economic growth and managing conflict in countries with diverse electorates, federal forms of government have also been blamed for weak party systems because national coalitions may be divided by interstate conflicts. This latter notion has been widely asserted, but there is virtually no empirical evidence of the relationship or even an effort to isolate and identify the specific features of federal systems that might weaken parties. In this article, I build and test a model of federal effects in national legislatures. I apply my framework to Brazil, whose weak party system is attributed, in part, to that country's federal form of government. I find that federalism does significantly reduce party cohesion and that this effect can be tied to multiple state‐level interests but that state‐level actors' impact on national party cohesion is surprisingly small.     

The Incidence and Impact of Family Violence on Mental Health Among South Korean Women: Results of a National Survey

This representative national survey examined incidence of husband-to-wife violence in the past year, lifetime exposure to parental violence, and the relationships between victimization experiences of family violence and mental health among South Korean women (N = 1,079). The major findings were that incidence rate of husband-to-wife violence among Korean women was 29.5%, which was much higher than those of other nations, and that their experiences of physical violence by husbands in the last year and lifetime verbal abuse by parents had strong associations with the mental health of victims. The findings suggest that preventive intervention programs for male perpetrators as well as domestic violence victims with mental health problems and comprehensive interventions for Korean couples are urgently needed. In addition, parents should be educated about how to modify their children’s behavior without physical punishment or verbal abuse.

Exporting Gender Injustice: The Impact of the U.S. War on Drugs on Ecuadorian Women

Numerous researchers have documented the gendered impact of the United States’ domestic war against drugs. Women incarcerated for non-violent drug offenses are the fastest growing segment of America’s prison population because of the harsh penalties for using, selling and transporting illegal substances. The impact of U.S. drug policy on women in other countries, in contrast, has been overlooked. This paper argues that the greatly increased imprisonment of women in Ecuador for drug-related offenses is collateral damage of the U.S. war on drugs. The impact of the expansion of women’s imprisonment in Ecuador appears to be particularly damaging to the inmate’s children who frequently join their mother in prison. U.S. policy should not be exported to other countries before having a clear picture of the unintended negative consequences.