Against General Theory in Comparative Research

This paper argues against the search for a general theory of crime causation in comparative criminology. It includes a critique of two advocates of general theory, and offers three propositions which suggest appropriate strategies for theory construction in comparative research.     

Exporting and importing criminality: Incarceration of the Foreign Born

Since previous studies have found that crime rates vary by immigrant group there is a need to dis‐aggregate immigrants by country of birth in order to obtain a more accurate representation of the relationship between migrants and crime. This study examines data from six countries (Australia, Canada, France, Italy, the Netherlands, and the U.S.A.) on the country of birth of their inmate populations. The following observations are reasonable conclusions from the data available. First, the percentages of each home country's inmate population that is foreign‐born varies remarkably. Second, in general foreign‐born inmates tend to come from regions outside the region within which the host country was located, though in most cases from regions that were proximate. Third, given the small number of countries reporting, it is intriguing that just a small number of countries and regions can account for such a high proportion of a home country's inmate population if one includes the numbers of a country's citizens who are housed in foreign prisons as part of that original country's inmate population. The paper concludes with a discussion of a number of policy implications that flow from these findings.     

Comparing and Combining List and Endorsement Experiments: Evidence from Afghanistan

List and endorsement experiments are becoming increasingly popular among social scientists as indirect survey techniques for sensitive questions. When studying issues such as racial prejudice and support for militant groups, these survey methodologies may improve the validity of measurements by reducing nonresponse and social desirability biases. We develop a statistical test and multivariate regression models for comparing and combining the results from list and endorsement experiments. We demonstrate that when carefully designed and analyzed, the two survey experiments can produce substantively similar empirical findings. Such agreement is shown to be possible even when these experiments are applied to one of the most challenging research environments: contemporary Afghanistan. We find that both experiments uncover similar patterns of support for the International Security Assistance Force (ISAF) among Pashtun respondents. Our findings suggest that multiple measurement strategies can enhance the credibility of empirical conclusions. Open‐source software is available for implementing the proposed methods.     

对审判管辖中级别管辖的反思

审判管辖中的级别管辖解决的是上下级法院在受理第一审刑事案件上的权限划分。现行刑事诉讼法的级别管辖制度存在一些现实的缺陷,具体表现为管辖的标准过于抽象、客观上导致中国被告人和外国被告人诉讼地位的不平等以及法院的功能过于复杂。有许多学者和专家也提出了一些不同的修改意见,其中认为取消最高人民法院的一审管辖权是十分恰当的,对中级人民法院管辖的判处无期徒刑或者死刑的标准应当以法定刑格来确定。     

Digital Britain – the final report

The final Digital Britain report was published in June as to set out the Government's final proposals and updating an interim version that has been published in January this year. This article builds upon an earlier article in [2009] 25 CLSR 263, which analysed the interim report in depth. The intention is not to repeat that earlier analysis, but rather update it and draw the reader's attention to those key areas of change.     

侦查终结相关问题辨析

侦查终结是公安机关办理刑事案件的最后程序,在刑事诉讼中起着承上启下的关键作用。我国的侦查终结制度在理论和设计上存在诸多缺陷和弊端,造成了司法应用的混乱。设立侦查期间、明确侦查终结条件、建立案卷材料全部移送制度及完善监督制约和救济机制,是解决目前存在问题的有效途径。     

Why football players may benefit from the ‘shadow of the transfer system’

Transfer restrictions have a long tradition in professional sports but came under heavy attack in recent years (e.g. Bosman ruling, Monti system). Based on a bargaining model with stochastic player productivity, we show that less restrictive transfer rules reallocate ex post bargaining power from players to clubs. This reallocation is efficient and in the ex ante self-interest of players. The right to charge transfer fees enables clubs to insure their players. The players, in turn, benefit by converting risky future income into riskless current income. Overall, player utility is higher under more than under less restrictive transfer rules.

创新制度 优化机制 实现警力无增长改善

近年来,公安工作形势日趋严峻,工作任务不断增多扩展,且复杂性和艰巨性也与日俱增,警力不足的矛盾则更为突出和加剧。有限的警力编制增量不能从根本上缓解警力不足的矛盾。因此,必须通过多种渠道和方法使警察机关和警察队伍在警务工作中发挥出更大效能。立足学校自身,深入分析影响学校发展升级和警力资源改善的瓶颈问题,从创新与完善学校管理体制、完善师资队伍结构和激励机制、进一步拓宽和创新进人渠道和用人方式、加快信息化校园建设等方面入手,努力实现"警力无增长改善"的目标。