甘肃检察研究与检察改革情况报告

2003年以来,甘肃省检察机关法律政策研究部门认真学习贯彻"三个代表"重要思想和党的十六大精神,紧紧围绕党的中心工作和检察工作的重点、难点问题深入开展调查研究,努力发挥研究部门为领导决策服务和检察业务服务的职能,取得了一定成绩.     

Detection of Mitragynine in Mitragyna Speciosa (Kratom) Using Surface-Enhanced Raman Spectroscopy with Handheld Devices

A simple, quick, selective, sensitive, and effective field-friendly method capable of being used by nonexperts has been developed for detecting mitragynine in Mitragyna speciosa (kratom) using surface-enhanced Raman spectroscopy (SERS). Over 100 samples and blanks (known to be either positive or negative for the presence of mitragynine) were examined in duplicate using five identical handheld Raman spectrometers, which provided a data set of over 1,000 examinations. Based on the results of these analyses, the method yielded a true-positive rate of 99.3%, a true-negative rate of 97.9%, a false-positive rate of 2.1%, and a false-negative rate of 0.7%. The average minimum detectable concentration (C_m) of mitragynine that reproducibly yielded a match for one of the library spectra on all five instruments was determined to be 342 ng/mL (ppb). This C_m value is a conservative estimate considering that the extraction process was not fully optimized by this study, which was not necessary since the C_m value achieved was well below typical mitragynine concentrations in kratom (1.3–2.3%). The method is ideal (i) for prioritizing samples for additional testing using other more time-consuming laboratory-based techniques needed to detect and quantify mitragynine and (ii) for field use at international mail facility (IMF) satellite laboratories to help interdict kratom and prevent this dangerous product from reaching the U.S. supply chain.     

Evaluating the Effects of Repeated Psychological Injury: an Introduction to the Special Issue

Psychological Injury and Law -     

Physiologic Responses to Racial Rejection Images Among Young Adults from African-American Backgrounds

Physiologic reactivity to racially rejecting images was assessed in 35 young adults (10 males, 25 female) from African-American backgrounds using the startle probe paradigm. In a laboratory setting, participants viewed 16 images depicting racial rejection, racial acceptance, nonracial negative, and nonracial positive themes. While viewing these images, startling bursts of noise were presented and the magnitude of the eyeblink responses were measured. Results supported an attentional mechanism which suggests that, while viewing both racially rejecting and nonracial positive images, individuals may be so absorbed in processing the images that they appear less distracted by the startling noise. However, these patterns were only found for participants low in racial regard. Young adults who felt positively about their racial background did not exhibit differential processing of startle stimuli as a function of slide themes. Race-rejection sensitivity did not moderate startle reactivity. Developmental implications, particularly in light of coping with racial discrimination, are discussed.

Good for some,bad for others: US investors and non-trade issues in preferential trade agreements

Preferential trade agreements (PTAs) trigger investment through their commitment to a liberal market economy. Increasingly however, PTAs go far beyond liberalizing trade and investment flows. Especially controversial features included in most modern PTAs are environmental and labor standards. Do these standards affect business activity? If so, how do investors react to such non-trade issues in trade deals? The literature provides inconclusive findings about the impact of standards on foreign direct investment (FDI). Some contributors argue that strict standards decrease FDI, whilst others claim that environmental and labor protection increases productivity and, in consequence, inward investment. In all likelihood, the usage of aggregated FDI data, as is the case for most studies, causes confusion. I expect standards to influence investors’ decisions – but heterogeneously across sectors. Environmental and labor standards should reduce FDI in polluting and low-skilled labor endowed industries, but increase investment in environmentally clean and high-skilled labor abundant sectors. Based on an original dataset of environmental and social standards in trade agreements and at the sector-level disaggregated US-FDI data, I find robust support for my argument. The paper provides a more nuanced picture on the standards and investment nexus: Standards have no uniform effect on multinationals. Instead, they are good for some, but bad for other industries.     

The Penal Voluntary Sector in England and Wales: Adaptation to Unsettlement and Austerity

This article draws on some findings from research which investigated penal voluntary sector adaptation to the mixed market in criminal justice services. The article firstly reprises the main trends for aligning state relationships with the voluntary sector from the 1980s to the present. We then outline some findings about adaptive experiences, situations and practices of the voluntary sector in criminal justice resettlement in the light of considerable upheaval. The research found that service providing voluntary sector organisations (VSOs) either outwardly comply with, or, in a minority of cases, actively embrace, competitive marketised models of service delivery. Secondly, the sector has normalised commercial approaches to organisational efficiency as well as aligned with bureaucratic practices common to the statutory sector. Despite charges that they are effectively co‐opted by both state and market interests, many have reported conflicts between prioritising long‐term financial viability with their founding ‘ethos and values’. We conclude that while many VSOs have successfully adjusted to market and bureaucratic norms, aspects of that repositioning have been at a cost to their traditions of relative autonomy, localism and distinctiveness, to the possible detriment of a vigorous civil society.     

The influence of business associations on legislation: The case of Kenya

Interest groups seek to influence public policy. Business associations specifically seek to influence policy related to the environment in which their members operate, with the intention of making it easier for the members, and the wider private sector, to “do business.” Scholars question whether interest groups are influential and, if so, the degree to which their activity influences public policy. Even if they do influence public policy at the margins, it is questionable how effective they are in influencing legislation. As a result, there is little exploration of the factors that may determine whether business membership organizations (BMOs) are likely to be successful. This paper explores the efforts of two BMOs in Kenya to influence legislation: In one case, the BMO persuaded the government to introduce legislation to regulate an activity that had previously not been subject to legislation; in the other, a BMO sought to persuade the government to amend its own proposals to replace existing legislation with new legislation. In both cases, we find evidence that the BMO was successful, though one BMO was significantly more successful than the other. We review the factors perceived by the BMOs to have led to their success. Neither was in a position to rely on economic or other power to strong‐arm the government. Both followed a predominantly insider strategy though with occasional media back‐up. Both were successful on the more “technical” issues. Key factors include the use of a champion, engaging across government, supplying information, and providing evidence and good argumentation.     

A comprehensive approach to providing services to survivors of sexual and gender-based violence in Democratic Republic of Congo: addressing more than physical trauma

ABSTRACT

The eastern Democratic Republic of Congo (DRC) is impacted by a prolonged conflict and humanitarian crisis. Sexual and gender-based violence (SGBV) affects an estimated 39.7% of women and 23.6% of men in the region, and is associated with serious medical, psychological, and socio-economic outcomes for survivors and communities. IMA World Health, a faith-based non-profit organisation, implements a USAID-funded project, Ushindi, which is a collaborative effort with three national NGOs and one technical partner in response to SGBV in eastern DRC. The consortium provides a comprehensive package of services to SGBV survivors, focusing on medical, emotional, psychological, legal, and socio-economic needs.     

Institutional Effects on State Behavior: Convergence and Divergence

We develop a new typology for examination of the effects of international institutions on member states' behavior. Some institutions lead to convergence of members' practices, whereas others result, often for unintended reasons, in divergence. We hypothesize that the observed effect of institutions depends on the level of externalities to state behavior, the design of the institution, and variation in the organization and access of private interests that share the goals of the institution. We illustrate these propositions with examples drawn from international institutions for development assistance, protection of the ozone layer, and completion of the European Union's internal market. We find that significant externalities and appropriately designed institutions lead to convergence of state behavior, whereas divergence can result from the absence of these conditions and the presence of heterogeneity in domestic politics.     

20世纪国际关系领域的基准时间:历史视角中的三次世界大战

基准时间是宏观历史过程中的临界点,标志着一连串的重大变革可能会在较长时间内延续。基准时间具有九条标准,可以分为一等基准时间、二等基准时间和三等基准时间。20世纪的基准时间主要包括三次世界大战(一战、二战和冷战),第二次世界大战前后发生的变革比第一次世界大战和冷战前后的变革都要来得更为深远。将20世纪的三个基准时间置于两个世纪的视角中加以审视,可以突出现代性革命,这种视角能够观察20世纪的三个基准时间在正在展开的"全球性变革"这一大的主题下是否会相互联接、是如何相互联接的。20世纪国际政治的关键事件,都应该被视为19世纪"全球性变革"所引发的发展态势和挑战的后期结果。