论社区矫正与其他非拘禁措施——问题与解决思路

社区矫正制度与非拘禁措施在欧洲有逾30年历史,比较成熟。各国分在审前阶段,审前阶段和刑罚执行阶段规定了不同的非拘禁措施。非拘禁措施的执行必须建立在信赖的基础之上,而且要有法律规定做保障。     

Revisiting Global Governance in Multistakeholder Initiatives: Club Governance Based on Ideational Prealignments

Multistakeholder initiatives that bring together actors from the state, the business sector and society to formulate, implement and/or monitor rules governing different policy fields have assumed a prominent role in global governance since the 1980s. In the governance literature, it is generally assumed that the actors from the three sectors have diverse interests, but contribute different resources. This should allow to address transnational problems more effectively. While cooperation among the various collective actors in these initiatives might be based in part on complementary resources, we argue here that such cooperation is also shaped and conditioned by ideational prealignments of the participating actors. Such ideational prealignments are consequential, because they predetermine (1) the composition of multistakeholder forums in terms of which actors participate and which do not, (2) the processes that govern these forums, (3) the results of these forums and (4) the relations among the collective actors who participate in these forums and the stakeholders they are deemed to represent. When viewed from this perspective, multistakeholder initiatives are a form of club governance that is based on ideational factors. We illustrate this argument by drawing on research that examines the setting of standards for private military and security companies (PMSCs).     

Religion, Historical Contingencies, and Institutional Conditions of Criminal Punishment: The German Case and Beyond

Religion and historical contingencies help explain cross-national and historic variation of criminal law and punishment. Case studies from German history suggest: First, the Calvinist affiliation of early Prussian monarchs advanced the centralization of power, rationalization of government bureaucracy, and elements of the welfare state, factors that are likely to affect punishment. Second, the dominant position of Lutheranism in the German population advanced the institutionalization of a separation of forgiveness in the private sphere versus punishment of "outer behavior" by the state. Third, these principles became secularized in philosophy, jurisprudence, and nineteenth-century criminal codes. Fourth, partly due to historical contingencies, these codes remained in effect into post–World War II Germany. Fifth, the experience of the Nazi regime motivated major changes in criminal law, legal thought, public opinion, and religious ideas about punishment in the Federal Republic of Germany. Religion thus directly and indirectly affects criminal law and punishment, in interaction with historical contingencies, institutional conditions of the state, and other structural factors.     

Informal Institutions and Democracy

Informal institutions have grown in relevance for the analysis of new ‘third wave’ democracies. The research strategy receives its impetus from the debate on neo‐institutionalism theory, which offers a productive perspective for structuring the field of analysis. This article explains the distinguishing factors between formal and informal institutions. It addresses five basic types of informal institutions, examines the ways in which they function and discusses their relevance in terms of democracy theory. Each type is characterized by the way in which it enacts its respective means of political influence. The study distinguishes between forms of specific relationship (clientelism), of material exchange (corruption), of violent exertion of influence (putsch threat), of civil resistance (civil disobedience) and of legal practice (custom law), and discusses their relevance to democracy. The central argument maintains that a differentiated study of informal institutions is crucial to addressing this question. The necessary typological differentiation allows us to make an appropriate assessment ‐one that does not manifest itself in a simple clear‐cut choice of affirmative or negative answers.     

A parameter study regarding the IBIS correlator

The electronic system IBIS has been used by numerous agencies worldwide as the standard tool to compare firearm markings on bullets and fired cartridges. There is a general interest among users concerning the likelihood with which the IBIS correlator may locate hits in its databases. Test results of the performance under different test conditions have been published in various papers. Experience has also been gained with the IBIS system from years of practical usage. All of these findings are difficult to compare with each other. No systematic presentation exists that actually shows the parameters upon which the success rate of the IBIS correlator depends. There has also been no mention of what values these parameters take on during each test. This paper first generally defines the success and error rates of the IBIS correlator. The parameters used will be discussed. Results of previously published tests will be re-examined based on this methodology. An illustrative form of presentation for the success rate of an electronic comparison system will also be suggested. It will be shown that the success rate of the IBIS correlator highly depends on the quality of the firearms-generated markings. It increases with the number of considered mark types, the number of available signatures per firearm, and the number of items inspected in the hit list. The success rate decreases with the database size. The paper will conclude with a series of practical recommendations for the setting up and successful operation of an electronic collection of ballistic evidence.     

Regime change and public administration in East Germany ‐ some findings from a research project in Brandenburg and Saxony

After the accession of the GDR to the Federal Republic, the transfer of institutions and personnel from the west to the east, especially the transformation of a ‘cadre‐administration’ into a modern western‐type public administration ranked very high on the political agenda. This article presents some findings from a research project on ‘Administrative Culture in East Germany’, conducted in the states of Brandenburg and Saxony. The questions to be addressed are whether one could speak of a total replacement of eastern and western élites during the process of unification. What are the results of élite transfer from the west? What is the composition of the new administrative elites in the east German Länder? Are there significantly different political perceptions by ‘easterners’ and ‘westerners’ of the problems confronting public administrators?