检察机关职务犯罪侦查工作新挑战——谈刑诉法修订后存在的问题与对策

从司法实践者的视角,通过分析新刑诉法的修订对检察机关职务犯罪侦查工作的影响,阐述了司法实践中存在的初查制度落后、侦查方式单一、侦查协调不畅、人权保障条款容易被滥用等现实问题,并提出了相应的解决对策和建议。     

“天网工程”视频监控设备管理现存问题及对策研究

自“天网工程”建设并投入使用以来,公安机关打击犯罪的工作又多了一把利剑。视频监控技术已经成为继刑侦、技侦之后的第三大侦查手段。由于建成时间短,一些视频监控设备管理层面和技术层面的问题还有待解决。对策：1．实现视频监控装备的“全寿命管理”;2．合理规划探头覆盖面;3．科学合理地选择储存介质等。     

International pressure and North Korea's current options: Will Inter‐Korean relations improve?

Since the US identified North Korea as part of the “axis of evil,” the forecast for North‐South Korean relations has worsened. However, this article suggests that contrary to popular opinion, the advent of the six‐party talks may prove surprisingly conducive to the improvement of inter‐Korean relations. Three tactical moves seem currently open to North Korea: threatening the use of force in an effort to stall international pressure; attempting to mend diplomatic relations with the US; or the initiation of closer ties with Seoul, with the good offices provided by Beijing. The last option may prove to be the best from a North Korean point of view and may be the first step towards achieving the longed‐for Korean reunification.     

Consuming Spaces: Clive Barker,William Gibson and the Cultural Poetics of Postmodern Fantasy

A significant trend emerges in contemporary fantasy-what might be called 'heterocosmic fantasy', as opposed to an older but still vital tradition of 'epic' high fantasy. The narrative forms of heterocosmic fantasy accord with the defining characteristics of contemporary media (particularly the Internet and contemporary television programming, and the practice of 'surfing' both of these), but this form of fantasy also rehearses certain ideological modes of behaviour. In particular, it rehearses in textual form the illusory alterity, the management of potential social unrest, and the frenetic consumption of 'late capitalist' society.     

The US–China Relationship and Asia-Pacific Security: Negotiating Change

Abstract

The crucial determinant of Asia-Pacific security is whether the U.S. and China can negotiate their relationship and their relative positions and roles in such a way as to produce sustainable regional stability. This paper examines three alternative scenarios of negotiating Sino-American coexistence: (I) The maintenance of the status quo of U.S. strategic dominance over the region, which China does not challenge; (II) negotiated change, by which the two powers coordinate to manage a more fundamental structural transformation; and (III) power transition, in which there is a significant structural shift in the regional system as a rising China challenges U.S. dominance, with a range of possible outcomes.     

A Ferris Wheel Accident at a Movable Amusement Park

This study presented a Ferris wheel accident case. A Ferris wheel is composed of many parts, and the outmost ring of it is assembled using a lock pin. This accident occurred because the lock pin caught the door of a gondola and the gondola overturned. Five of the seven passengers in the gondola fell to the ground, along with the gondola's viewing window. The investigation revealed that the gondola became stuck when its door was caught by a lock pin at the Ferris wheel's three o'clock position. The contact between the door and the lock pin was due to a structural problem: There was not enough space allotted between the door and the lock pin. Therefore, if a passenger pushed on the gondola's door, the potential existed for contact between the door and the lock pin.     

论劳动争议诉讼中劳动者的人权保障

"人权入宪"是中国人权事业发展的一个重要里程碑,也对人民法院的审判工作提出了新的更高的要求,最高人民法院提出了"司法为民"的主张,正是对这一要求的切实回应。在当前中国"劳资失衡"的社会状态下,宪法赋予劳动者的基本人权常常得不到有效的贯彻和保障。为了切实有效保障人权,平衡劳资关系,维护社会的和谐与稳定,必须要对现有的劳动争议诉讼机制进行改革,在为民原则、效率原则、司法最终救济原则的指导下,建立或裁或审、裁审分离的劳动争议处理制度;健全和完善劳动争议法律体系,建立有中国特色的劳动公益和公力诉讼制度。     

作为一种法律干预模式的家长主义

作为一种法律干预模式,家长主义的核心特征是为了保护行为人的利益而限制行为人的自由。尽管中国各个部门法领域都不乏家长主义的法律规定,但在中国的法律话语体系中家长主义并未确立起合法地位。在梳理家长主义概念谱系的基础上,通过分析家长主义法律干预的构成条件、正当理据,可以从理论上确立家长主义作为一种独立的法律干预模式的地位。在中国的政治传统和语境下,为防止政府以家长主义之名随意剥夺或限制公民的自由,必须对家长主义法律干预的设立加以严格控制,谨慎地运用家长主义法律干预。     

竞争政策区域合作机制探析

Regional economic cooperation and multilateral cooperation of competition policies are regarded as two of the most important topics in international communities, both of which have a very close relationship, i.e., the former is an important path to the latter, and the latter is usually a critical topic of the former. Among the existing regional cooperation mechanism of competition policies are the three most typical modes, i.e., APEC’s open cooperation, NAFTA’s procedural law cooperation and EU’s substantive law cooperation. While taking initiatives to participate in multilateral cooperation of competition policies, China shall grasp the situation of current multilateral cooperation of competition policies, and follow the orderliness of its development, i.e., a step-by-step process of cooperation from nonbinding to binding, from domestic law to international law, and from fundamental to procedural law and to substantive law. Qi Tong, Ph.D, was once a visiting scholar in the Amsterdam Center of International Law (ACIL) (2006–2007). Now, he is an associate professor at the Department of International Economic Law of Wuhan University. His research interests focus on international trade law, international investment law, international financial law, international competition policy. His main publications include Regulatory constraint on transnational mergers & acquisitions (2006), Antitrust legislation on foreign M&A investments: Analysis on the antitrust rules in the Interim Provisions for Foreign Investors to Merge Domestic Enterprises (2004), Evolution of the pluralistic market regulation mechanism and its legislation (2005), On the positive comity of international antitrust cooperation (2005), International regulation mechanism and the new views of international economic law (2005), A legal perspective on the development of loan securitization in China (2006), A review on the case of Chinese measures affecting financial information services and foreign financial information supplier (2008).     

Total Factor Productivity Growth and its Spatial Disparity across China's Township and Village Enterprises

What lies behind China's recent economic prosperity is the unexpected success and development of her township and village enterprises (TVEs). The proportion of China's total industrial output produced by the TVEs increased from 9 to 42% between 1978 and 1994. The incredible development of the TVEs, along with the declining in importance of the SOEs in recent years, undoubtedly suggests that the TVEs are the engine of growth of the Chinese economy, and their continuous success will have a tremendous impact on the economic development of China in and beyond the twenty-first century. What remains questionable, however, is whether or not this rapid development of the TVEs is at the same time exacerbating China's spatial disparity by encouraging inequality in productivity and production efficiency of these enterprises across different provinces. This study aims to answer this question by examining the changes in total factor productivity (TFP) of TVEs located in different provinces between 1988 and 1993 with particular reference to the corresponding spatial disparities of these changes. The Malmquist output based productivity index, which allows for the decomposition of productivity growth into changes in technical efficiency over time and shifts in technology over time, is the technique adopted here.