我国举证责任概念的模糊性问题

举证责任概念是我国民事诉讼法学的基本理论之一。本文回顾了近三十年来我国举证责任的立法状况,着重探讨了《证据规定》中举证责任概念的模糊性问题,认为必须摒弃法律要件分类说,转而采用英美举证责任分层学说,才能使我们真正迈出证明科学的第一步,才能在审判实践中避免出现举证责任概念的模糊性以及由此所引起的一系列混乱问题。     

Policing Public Drugs Nuisance Through The Anti-Social Behaviour Legislation: Questions and Contradictions

This paper reports findings from a London-based study and provides evidence of rigorous law enforcement activity being enacted in drives to alleviate local areas of public drugs nuisance, namely the use of anti-social behaviour orders (ASBOs) and dispersal and banning orders, as well as the closure of 'crack houses'. The paper acknowledges these legislative tools were necessary to deal with the real life problems of visible drugs nuisance that had grown up in some communities, but it draws attention to the way these policing responses put already vulnerable, ill and highly disadvantaged drugs users at greater risk of marginalisation than they already experienced. Plus, the punitive reach of banning orders in the form of ASBOs and street-level policing which centres on minor drugs crimes enhances the criminalisation of low-level drugs offenders and heightened the likelihood of imprisonment. The author suggests a tension exists between community policing and the removal of visible public drug nuisance through pro-arrest strategies, and the wider government drugs policy which encourages multi-agency working to channel problem drugs users into appropriate treatment settings to assist in tackling drugs crime lifestyles.     

秦“改法为律”原因考

文章在对秦国商鞅改法为律的真实性提出肯定性意见的同时,从社会文化特别是法律样式的角度,对秦改法为律的原因进行新的探讨。作者认为,从三代的以刑统例到战国的以法统令,再到秦国的以律统刑,反映了先秦法律历史发展的三个阶段。秦律为中国古代成文法的确立奠定了基础,后世的法律样式均可以从秦律那里找到最初的模型。     

TEACHING CONTROVERSIAL TOPICS

This essay, based on a presentation at the 2009 Future of Family Law Education conference at the William Mitchell School of Law, discusses strategies for teaching controversial topics, focused on reproductive rights and related gender issues.     

Latest Amendment to Criminal Law

On Feb. 25, 2011, the 19th Session of the Standing Committee of the 11th National People 's Congress, the country's highest legislative body, approved the eighth