刑事诉讼指定管辖制度之完善

刑事诉讼中的指定管辖,其目的是保障司法公正,实践中发挥了积极作用,但也有一定弊端,如适用随意性较大,指定侦查管辖于法无据,公、检、法在指定管辖上不能有效衔接,公民的管辖异议权与指定管辖申请权不受尊重等。存在的问题与我国特有的分工负责,互相配合,互相制约的制度结构,以及司法权集体行使的特殊形式有关。改革完善该制度,在模式设定上,仍应以审判为基点,同时明确侦查阶段的指定管辖并允许检察机关监督。审判中的指定管辖应由检察机关提出,由人民法院审查决定。在指导思想上,坚持程序法定原则,慎重适用指定管辖;坚持管辖便利原则,指定地点应当方便办案。在制度完善方面,需要明确指定管辖的适用范围;明确指定管辖的相关主体、考量因素及决定程序;合理设置指定管辖的具体程序,确认公民的管辖异议权与管辖申请权并予以保障。     

Features of smuggling in Wadi Khaled,Lebanon

Through survey research, we investigate the potential socio‐economic impact of tighter Lebanese–Syrian border controls on the impoverished community of Wadi Khaled. We demonstrate that, given the lack of Lebanese infrastructure and meaningful development in the region, residents of Wadi Khaled rely on illegal cross-border traffic to meet basic needs, including the purchase of foodstuffs, building materials, medicine and fuel. Our survey revealed high levels of food insecurity and poverty and determined important socio-demographic associations with smuggling. One of the most closely associated characteristics with support for smuggling behaviour was one's religious background, which we believe to be a function of Lebanon's consociational political system. The wellbeing of Wadi Khaled residents, we argue, demands that any effort to combat smuggling entail improving social support for the community and facilitating access to Lebanese markets and infrastructure.     

美国对人民币汇率的法律指控及其新变化

进入本世纪以来,以美国为代表的一些西方国家对人民币汇率提出了多项法律指控,大体可以概括为国际货币法的指控和国际贸易法的指控。前者主要有人民币汇率操纵和汇率严重偏差,后者主要有人民币汇率的低估妨碍了GATT意图的实现和人民币汇率为中国的出口产品提供了出口补贴或造成了中国产品的出口倾销。为了突破先前指控的法律困境,近来美国对人民币汇率的指控出现了一些新变化,主要包括强调汇率偏差,突出和试图分离汇率偏差的贸易效果,将汇率操纵或偏差作为补贴或倾销等。但对美国这些指控及其发展变化细加审视便可发现,其仍然存在难以逾越的法律障碍。     

公司法语境下的重大资产出售定位——兼评《公司法》第75条、第105条和第122条

对重大资产出售的界定,应采取质与量相结合的标准:在质的方面,要求出售标的必须是经营性资产;在量的方面,要求出售标的须达到净资产总额的一定比例以上,且动摇了公司的存续基础。在公司拥有单一营业的情况下,出售行为只须满足质的标准,即可构成重大资产出售;在公司拥有多项营业的情况下,出售行为还须满足量的标准,方可构成重大资产出售。我国现行立法对重大资产出售的界定尚不准确,因而值得探讨。     

重建司法伦理

温家宝总理最近针对近年来相继发生"毒奶粉"、"瘦肉精"、"地沟油"、"彩色馒头"等事件指出:"这些恶性的食品安全事件足以表明,诚信的缺失、道德的滑坡已经到了何等严重的地步。"香港中文大学校长刘遵义前不久也指出:"三聚氰胺等社会事件的发生,与道德水平日趋低落、礼义意识逐渐消失     

Monetary Penalties and Noncompliance with Environmental Laws: a Mediation Analysis

Studies that assess the impact of monetary penalties on environmental compliance have yielded mixed results. While some studies suggest fines deter future violations other studies find that fines do little to encourage compliance. This longitudinal study examines the impact of the dollar amount of fines on compliance with environmental laws among major facilities in the state of Michigan (n?=?37). Results from a mediation analysis suggest that while noncompliance may slightly decrease immediately following a fine there are few changes to a firm’s long term compliance behavior. Furthermore, analyses of these data suggest that total fines levied prior to the most recent fine actually have a positive relationship with noncompliance. We suggest these results imply a decaying effect of deterrence that is perhaps connected to the organizational structure of the treadmill of production.     

From peasant community to production co‐operative: An analysis of recent government policy in Peru

Discussions concerning rural development in Peru since the military coup of 1968 have focused mainly on the large‐scale land reform programme under which the coastal estates and many of the livestock and agricultural haciendas in the highlands have been expropriated [Petras and Rimensnyder, 1970, Quijano, 1971, and Hobsbawm, 1971]. This has tended to deflect interest from other important aspects of rural development policy. It would be wrong to assume that, prior to the latest reforms, the Peruvian scene consisted almost entirely of latifundia agriculture, for a substantial proportion of the productive agricultural land in both the highlands and coastal valleys was, and remains, in the control of smallholder farmers, or is held under communal ownership by peasant communities. In an attempt to incorporate these non‐hacienda zones into the plan for national development [Plan del Peru: 1971–1975], the government is encouraging the expansion of smallholder commercial production, the establishment of new, or the improvement of existing, marketing and servicing co‐operatives, and is promoting a re‐organisation of peasant communities with the long‐term objective of transforming them into modern production or multipurpose co‐operatives. This paper outlines recent legislation aimed at reforming these peasant communities and examines the social consequences of the new policy, particularly as it affects smallholder regions. We address ourselves mainly to two problems: Firstly, we wish to assess the effectiveness of the policy in transferring the benefits of community resources to the poorer strata of the rural population, a central aim of the reforms; and secondly, we want to isolate the factors which inhibit the emergence of viable modes of co‐operative organisation and which limit the role that community institutions can play in promoting local development. It is necessary in a paper of this length to confine ourselves mainly to an analysis of the situation in one district of the Mantaro Valley of Central Peru—that of Matahuasi—for which we have detailed data; although many of our conclusions, we believe, raise problems of general significance for interpreting the types of development strategies and priorities favoured by the present government.     

Comamonas testosteroni meningitis in a homeless man

We report a case of meningitis caused by Comamonas testosteroni in a 54-year-old, alcoholic, homeless man. He, as a pedestrian, was struck by a car and suffered multiple fractures of the facial bones including the left frontal sinus. Over the course of 2-week hospitalization, he was clinically diagnosed with multiple cerebral and cerebellar infarcts resulting in altered mental status. He was pronounced dead 15 days after the injury. At the time of autopsy, diffuse purulent meningitis was found on gross examination. A swab culture of the brain surface was positive for C. Testosteroni, a saprophytic organism commonly found in soil and water. This is the first reported case of fatal meningitis caused by this micro-organism.