涉外商事仲裁司法审查制度刍议

随着仲裁制度在世界范围内的发展 ,对国际商事仲裁的司法审查变得尤为必要。顺应此发展趋势势 ,我国近15年颁布的法律法规及司法解释为此提供了有力的证据。对涉外仲裁的司法审查最关键的着眼点理应落在对外国仲裁裁决的承认与执行上来     

自觉:法治政府的角色意识——以言论自由中的政府为对象

短信引发的矛盾冲突实质上是言论自由与政府的冲突.基于政府是公民言论自由的当然对象,政府是公民言论自由的义务主体之一,政府自觉促使公民自觉的实现,自觉是法治政府的素质要求等等原因,"自觉"可谓是法治政府的必须,是尊重和保障公民言论自由的必要.自觉是宽容、自省、自理和积极指引.在责任感的驱使和规则的约束下,政府应自觉承认言论自由存在的意义,自觉克制敌视和恐惧心理,鼓励言论竞争取代压制言论自由,自觉地处理好政府与政府官员、官员私欲与公民权利的关系,自觉为言论自由提供保障.     

Equal in Poverty,Unequal in Wealth: Ethnic Stratification in Chile,the Mapuche Case

How does ethnic status affect social stratification in Chile? Despite a rich theoretical debate in the literature on social stratification, there is a shortage of empirical approaches to this phenomenon in Latin America. This research note seeks to bridge the analytical gap by describing the social exclusion of indigenous people in Chile. From a case study in La Araucanía region and using statistical techniques to give equal weightings to indigenous and non‐indigenous groups (specifically Mapuches and non‐Mapuches), we attempt to show that given equal socio‐demographic conditions, the incomes of both groups are similar in the low and middle strata, and differentiated in the higher strata.     

Drivers of Policy Instrument Selection for Environmental Management by Local Governments

Local governments commonly pursue environmental objectives that exceed state and federal minimum requirements. Although research informs our understanding of factors that lead cities to adopt such policy goals, the underlying mechanisms employed to achieve them are not well understood. This article examines factors that drive the choice of policy instruments that cities use to pursue local environmental objectives. The literature links the structure of the local governing body, characteristics of the community and target populations, and the nature of the policy problem to instrument selection. Building on this, the authors model the dynamics shaping cities' use of regulations, financial incentives, or combination thereof, to pursue a variety of different environmental objectives. Results indicate that community racial composition and political leaning influence instrument choice when policy targets the public at large. Alternatively, when policy targets particular stakeholder groups, such as developers, the characteristics of the local governing body are of greater importance.     

Does accountability matter? How electoral systems affect conflict initiation

Recent work on conflict suggests that electoral systems impact foreign policy-making in important ways; however, the discipline has reached different conclusions regarding how different types of electoral systems affect conflict initiation. In this study we contend that legislators are more accountable individually in candidate-centred electoral systems which impacts a state’s decision to initiate interstate conflict. We test our argument using a time-series cross-sectional analysis of 54 democracies from 1975 to 2001. The results provide strong support for the hypothesis that candidate-centred electoral systems result in less conflict initiation than party-centric systems due to higher levels of individual accountability for legislative members.     

Relationship Between Self‐Injurious Behaviors and Levels of Aggression in Children and Adolescents Who Were Subject to Medicolegal Examination,

Aggression, which is defined as a behavior causing harm or pain, is a behavioral pattern typically expected in children and adolescents who are involved in criminal activities. The aim of this study was to examine the relationship between aggression and self‐injurious behavior (SIB) in children and adolescents. The study was performed in 295 cases which were sent for medicolegal examination. The mean age of the subjects was 14.27 ± 1.05 years (age range 10–18 years). The aggression levels of the subjects were determined using the Aggression Questionnaire (AQ), which is an updated form of the Buss‐Durkee Hostility Inventory. The mean total AQ score of the subjects with and without SIB was 78.04 ± 21.0 and 62.75 ± 18.05, respectively (p < 0.01). There were significant statistical differences between the two groups with respect to their subscale scores (p < 0.01). It was concluded that the levels of aggression increased in children and adolescents who were involved in criminal activities when the SIBs increased.     

Law Enforcement and the Rights of the Accused: Are the Police Getting a Bad Rap?

Nationwide, law enforcement professionals have endured increasing scrutiny regarding their treatment of custodial suspects and their alleged abridgement of suspects’ Constitutional rights. At the same time, in the interests of community safety, many members of the public fully expect police officers to function efficiently in arresting and facilitating the prosecution of likely perpetrators. These perspectives reflect due-process and crime-control models respectively. Very little is known, however, about how law enforcement professionals actually view the rights of the accused when not acutely immersed in the cross-currents of public opinion. Using an anonymous survey, the current investigation addresses both Miranda rights as well as the European Union’s (EU) much more comprehensive approach to the rights of the accused. In general, this sample of 209 urban police officers favored protections of criminal suspects that went considerably beyond Miranda safeguards.     

Determinants of Sexual Violence at Sexual Debut against in-School Adolescents in Ghana

Journal of Family Violence - Very few studies examine sexual violence perpetrated on adolescents in Ghana or in sub-Saharan Africa more generally. Using data collected in 2015 as part of a...     

We Are All Victims: Questionable Content and Collective Victimisation in the Digital Age

Asian Journal of Criminology - Traditionally, the idea of being a victim is associated with a crime, accident, trickery or being duped. With the advent of globalisation and rapid growth in the...