浙江检察研究与检察改革情况报告

一、检察研究的总体情况 近年来,浙江省检察机关紧紧围绕党和国家大局、检察工作主题,着眼于检察工作的创新发展,积极开展检察理论研究,迎难而上,锐意拼博,不懈进取,取得了明显成效.     

论帮助犯罪分子逃避处罚罪之应然主体

对帮助犯罪分子逃避处罚罪主体范围的理解和适用,见仁见智。以罪刑法定为指导对本罪主体进行法条解析：本罪之应然主体以“身份说”为主,兼采“职权说”,皆以负有查禁犯罪的职责为前提。查禁犯罪活动是从调查、发现犯罪人或犯罪事实开始,到立案侦查、审查起诉这一过程的活动。负有查禁犯罪活动职责的各级党委机关中的政法委工作人员,不能成为本罪之主体。     

Budget Control in Virginia Public School Districts

This article examines the selection and use of a budget approval technique. Specifically, two research questions are addressed: (1) Does the use of a particular budget approval method by a governmental body impact the execution of the budget? (2) What characteristics of a local government are associated with its decision to use a particular budget approval method? Both research questions are addressed by analyzing data from public school systems in the Commonwealth of Virginia, specifically, whether using categorical budget approval differs in the accuracy of budgeting versus using a lump-sum approval method. Characteristics of Virginia school districts are also analyzed according to whether any of them are likely to be associated with school districts using a particular approval method. The remainder of this article is organized as follows: the next section describes the role of budgeting control in schools; subsequent sections review Virginia school district budgeting practices, develop the empirical model used to test the hypotheses, describe the sample, analyze the results of empirical tests and discuss implications of the findings.     

Governance and order-making in Central Asia: from illiberalism to post-liberalism?

ABSTRACT

This forum brings together five different angles on the question as to whether and how political regimes and forms of order-making can and should be researched through the concept of ‘illiberalism’. The discussion engages critically with this and associated concepts, such as ‘illiberal peace’ and ‘authoritarian conflict management’, which have been developed out of the Central Asian / Eurasian context and discussed in their wider global ramifications and, within the framing of ‘illiberal peace’, explored in various contexts in and beyond Central Asia. While further assessing the relevance and implications of this approach, this forum also attempts to think beyond ‘illiberalism’ by introducing and discussing the idea of ‘post-liberalism’. This way, the authors engage in an exchange that serves to probe both concepts and to determine their strengths and limitations when it comes to analysing and understanding politics and societal processes in Central Asia.     

Academic Capitalism and University Incentives for Faculty Entrepreneurship

Entrepreneurial behavior by professors—including decisions about collaboration with industry, patenting and spinning off companies—can affect the productivity of top universities’ technology transfer efforts. Interviews with 98 professors at 12 southeastern universities showed that the most significant influence on these aspects of entrepreneurial behavior is the beliefs of professors about the proper role of universities in the dissemination of knowledge. Some institutional policies, notably revenue splits with inventors, can affect aspects of this behavior. These findings suggest that both university incentive policies and ethical concerns about academic capitalism, by limiting the productivity of technology transfer efforts, have an effect on regional economic development.     

Sudden death due to asphyxia by esophageal polyp: two case reports and review of asphyxial deaths

Asphyxia, not an uncommon cause of sudden death, may result from numerous etiologies. Foreign-body aspiration and strangulation are 2 extrinsic causes. Airway obstruction may also be caused by laryngeal edema, asthma, infection, or anaphylaxis. Chronic causes of asphyxia include musculoskeletal diseases (eg, muscular dystrophy, amyotrophic lateral sclerosis), neurologic disorders (eg, myasthenia gravis, multiple sclerosis), respiratory disease (eg, emphysema, chronic bronchitis), or tumors. The manner of death in cases of asphyxiation may be natural, accidental, homicide, or suicide. For the death investigator, determining the cause and manner of death can often be quite challenging.We report here 2 cases of an esophageal fibrovascular polyp causing sudden asphyxial death, review of the literature, and discussion of other differential diagnoses in the case of asphyxial death.     

Sexual and nonsexual offenders with intellectual and learning disabilities: a comparison of characteristics, referral patterns, and outcome

This article reports an evaluation of a community intellectual disability offender service over the period from 1990 to 2001. Men who committed sex offenses or sexually abusive incidents (n = 106) and men who committed other types of offenses and serious incidents (n = 78) are compared on personal characteristics, referral sources, forensic details, and outcome up to 7 years after referral. The cohorts are older than one would expect from the criminology literature, and, at about 33%, the incidence of mental illness is consistent with some previous studies. A greater proportion of sex offenders had criminal justice involvement and a formal disposal from court. Fire raising was not overly represented as an offense. There was a higher rate of reoffending in the nonsexual cohort, which persisted up to 7 years. Investigating only reoffenders, there was a considerable amount of harm reduction recorded up to 7 years, statistically significant up to 5 years following initial referral.     

When silence threatens safety: lessons from the first Canberra Hospital neurosurgical inquiry

Despite widespread institutional and professional support, the recommendations of the Bristol Royal Infirmary Inquiry may be insufficient to reduce patient risk from impaired senior medical practitioners. Using the First Inquiry into Neurosurgical Services at the Canberra Hospital as a case study, this article argues that the Bristol-type recommendations--which emphasise reformulation of clinical governance structures, including early reporting of "sentinel events" and compulsory clinical audits--will be ineffective without a reformed institutional ethos that encourages open transparency and respect for those committed to such processes. Such reformulation may need to commence in medical education and involve new strategies including the use of portable digital technology to facilitate self-assessment of performance and immediate reporting of adverse incidents.