科学发展观发展的新路碑

胡锦涛总书记2007年6月25日在中央党校的重要讲话,从中国特色社会主义这一重大理论和实践主题的高度,对科学发展观的丰富内涵和实践要求作了新的系统阐述,标志着我们党对科学发展观的认识提高到了一个新的水平,使我们对科学发展观的把握能够更全面、更系统、更科学.本文根据这一讲话精神,对科学发展观的理论来源、丰富内涵、实践要求作了分析论述.     

财产刑执行情况的调查报告

各地法院财产刑的执行中存在财产刑判处和执行的随意性较大,财产刑执结率低、执行手段单一且缺乏规范性和统一性等问题,而导致这些问题的原因主要在于财产刑执行缺乏明确的法律规定,判罚标准不尽合理以及公安司法机关配合不力。对此,调查报告有针对性地提出设置财产刑诉辩程序以及完善财产刑执行的立法机制等对策,并提出了财产刑执行在现有体制下的工作思路。调查报告还对未成年被告人适用财产刑的问题给予了关注,考虑到未成年被告人作为犯罪主体的特殊性,建议对其有限制地适用财产刑。     

The lack of experimental research in criminology—evidence from Criminology and Justice Quarterly

Journal of Experimental Criminology - Despite experiments being termed the “gold standard,” criminology has been slow to adopt experimentation as a methodology. The goal of this...     

Trading with the Dragon: Chinese trade,investment and development assistance in the Pacific Islands

Chinese development assistance, raw material exploitation, investment and trade increases in their region are causing Pacific Islanders to ask: ‘Why are the Chinese interested in Pacific Island states?’ and ‘Why has there been an upsurge of the Chinese influence in the Pacific?’. This article seeks to add to the debate on that issue by examining the nature and the evolving purpose of Chinese engagement with the small island states of the Pacific. Only a small proportion of China's outbound investment goes to the Pacific Islands, but it has a considerable effect on the region's economically dependent states. Pacific Island nations have a pressing need for overseas investment and are highly dependent on development assistance. They are, therefore, particularly vulnerable to external players.     

The Impact of Daubert on the Admissibility of Forensic Anthropology Expert Testimony

Forensic anthropologists anticipated a significant impact from the 1993 Supreme Court Daubert decision, which addressed the standard of admissibility for expert testimony. In response, many forensic articles cited Daubert in the search for objective techniques or a critique of established subjective methods. This study examines challenges to forensic anthropological expert testimony to evaluate whether Daubert has actually affected the admissibility of such testimony. Thirty cases were identified that addressed the admissibility of the testimony, including 14 cases prior to Daubert and 16 after Daubert. Examination of these cases indicates that post‐Daubert cases do not result in more exclusions. Yet, this lack of exclusions may instead be viewed as a manifestation of the field's overall surge toward more objective and quantifiable techniques in a self‐regulating response to Daubert.     

Rethinking the Merit Principle in Judicial Selection

Against the background of the continuing lack of diversity in the makeup of the judiciary in England and Wales, this article explores the reasons behind the consistent rejection of affirmative action policies in relation to the judicial appointment process. It examines the relationship between affirmative action and the merit principle in this context and argues that the belief that the two are inherently in tension rests on implicit assumptions about both which are open to question.