论刑事诉讼中的应诉权

刑事诉讼从本质上讲,是一种对抗意味十足的诉讼活动,应诉权与公诉权(控诉权)的全面对抗正是刑事诉讼本质的体现。刑事程序的展开也是在这种对抗中完成的。当然,在刑事诉讼中研究应诉权有必要厘清应诉权与人权、应诉权与防御权,应诉权与诉权之间的关系。此外,确立应诉权与公诉权(控诉权)的对抗关系,必然会带来刑事诉讼观念、刑事诉讼构造、刑事侦查体制以及审判方式的变革与调整。     

监狱工作宗旨论析——基于执法为民理念

文章基于执法为民理念,阐释对监狱工作宗旨的理解。文章认为,监狱工作宗旨根源于党的根本宗旨,其实质是为人民服务;“为罪犯服务”的提法因其政治上、法律上的谬误而有悖于监狱工作宗旨,而“为罪犯改造服务”的提法因其逻辑上的含混而无法正确诠释监狱工作宗旨;监狱警察履行监狱工作宗旨,应当做到牢固树立人民公仆意识,忠诚执法,自觉服务于构建社会主义和谐社会。     

Impact of tropical conditions on thin layer chromatography in analytical toxicology: high temperatures and moderate humidities.

The impact of high temperatures (24 to 39 degrees C) and low to moderately high humidities (20 to 70%) on the applicability of TLC systems for drug identification was studied during a 6 month climatologic cycle in Burkina Faso (West Africa). In general, the Rf values as observed on the plates were found to be substantially affected as compared with values obtained at temperate climates. Some TLC systems were more affected than others and the largest deviations of up to 30 Rf units were at low humidities. Tropical conditions also had a negative effect on the reproducibility of Rf values. However, when an Rf-correction procedure was applied, using reference mixtures of known drugs on each plate, accuracy as well as reproducibility of the resulting Rfc values were drastically improved and data thus corrected were found to be compatible with existing TLC data bases developed under moderate climatological conditions. The impact of high to extremely high humidities (70 to 100%) remains to be investigated.     

对我国《民法通则》关于起诉引起诉讼时效中断规定的反思与重构

我国《民法通则》将起诉作为诉讼时效中断的事由之一,于中断效力结束时诉讼时效期间重新计算,这就意味着对于经过诉讼由人民法院生效判决所确认的民事权利的保护仍可以适用诉讼时效。但依我国《民事诉讼法》的规定,对民事权利的保护因起诉进入诉讼程序后应适用诉讼法上的期限制度,从而使《民法通则》规定的诉讼时效的适用失去了可能。对这一矛盾的解决有两种方案可供选择,一是采大陆法系各国民法的做法,取消民事诉讼法对申请强制执行期限的规定,统一适用诉讼时效制度;二是采取我国目前的做法,民法诉讼时效制度适用于当事人起诉前阶段,当事人起诉后则适用诉讼法上的期限制度,同时将起诉作为诉讼时效的终结事由而不是中断事由。两种方案各有优点和不足,我国未来民法典对此应做出科学的选择。     

Traditions of governance: interpreting the changing role of the public sector

The role of the state is changing under the impact of, for example, globalization. The changes have been variously understood as the new public management (NPM), the hollowing–out of the state and the new governance. This special issue of Public Administration explores the changing role of the state in advanced industrial democracies. It focuses on the puzzle of why states respond differently to common trends.
This introductory article has three aims. First, we provide a brief review of the existing literature on public sector reform to show that our approach is distinctive. We argue that the existing literature does not explore the ways in which governmental traditions shape reform. Second, we outline an interpretive approach to the analysis of public sector reform built on the notions of beliefs, traditions, dilemmas and narratives. We provide brief illustrations of these ideas drawn from the individual country articles. Finally, we outline the ground covered by all the chapters but we do not summarize and compare their experiences of reform. That task is reserved for the concluding article.     

一种收集衣服上脱落细胞的新方法

目的建立一种生物脱落细胞的微量提取新方法。方法利用一套自制的“生物细胞提取仪”无损提取衣物等载体上的人体脱落细胞,采用Chelex-100法提取DNA,用不同的试剂盒进行STR复合扩增检验。结果10例检材都得到16个基因座成功分型。结论用该方法提取微量细胞DNA,可获得满意的DNA分型。     

Logical evaluation of evidence when a person is suspected of committing two separate offences.

We consider the problem of drawing inferences within a legal framework when a person is a suspect for two separate offences. Although we are primarily concerned with scientific evidence the issue inevitably arises as to how that evidence interacts with other, non-scientific evidence. We show that, in this particular context, the evidence can be conveniently classified into three categories that concern, respectively: the first crime only; the second crime only; and evidence that relates to similarities between the two crimes. Two case examples are considered and we consider DNA, fibres and eyewitness evidence. These are viewed from the perspective of a prosecutor who has to decide whether or not to charge a suspect with one or both crimes. Graphical sensivity analyses are presented which have features that are not intuitively obvious.     

Who Do You Trust? Ethnicity and Trust in Bosnia and Herzegovina

This article examines the question of trust in Bosnia and Herzegovina with a special focus on the role of ethnicity. We find generalised trust to be low and declining in Bosnia and Herzegovina. Moreover, generalised trust is negatively affected by the degree of ethnic heterogeneity in the region. However, a further examination of trust reveals a more complex relationship between ethnicity and trust: people tend to show low levels of trust in all other people irrespective of their ethnic belongings. We argue that ethnic distribution might capture some other regional specific characteristics that also affect the level of trust.