中国司法改革过程中的重要探索——从构建中国特色的非法证据排除规则历程看中国司法改革

2010年5月30日，最高人民法院、最高人民检察院、公安部、国家安全部、司法部联合宣布的两个证据规定的出台标志着具有中国特色的非法证据排除规则正式确立，从此，司法机关和侦查机关在实践中有了法律依据。这是我国司法改革中一件具有划时代意义的大事，也是构建我国非法证据排除规则和统一的刑事证据规则的重要步骤。本文重点探讨的是非法证据排除规定的具体内容及其对中国刑事司法改革的作用和我们的非法证据排除规定的特点。     

Internet Regulation Process Model: The Effect of Societies,Communities, and Governments

The Internet is often seen as borderless and unmanageable and, therefore, not fully understandable. Starting from the assumption that it can be understood, we begin an attempt to organize the Internet by characterizing it as a behavior space in which groups categorized as societies, communities, and governments interact. We emphasize the utility of organizing the Internet and focus specifically on attempts by societies, communities, and governments to regulate the flow of information. We posit an Internet regulation process model that, we believe, explains most of the efforts to regulate the Internet. In addition, we provide some insight into the relationships between and within the various groups involved. Our conclusions center on the observation that political power (especially Western political power) has been a defining factor in the regulation of the Internet as governments have played a prominent role in regulatory action.     

实施《天津市企业工资集体协商条例》的若干实践与思考

天津市滨海新区大港区域实践《天津市企业工资集体协商条例》的体会,主要为下列"八项注意":第一是注意分类对待;第二是注意心中有"数";第三是注意多元维权;第四是注意动态管理;第五是注意统筹兼顾;第六是注意轻重有别;第七是注意个性化和行业标准化相结合;第八是注意工资协商时点的统一性和灵活性。     

The challenge and imperative of private sector cybersecurity: An international comparison

Attacks on computers and information networks, both public and private, are disclosed in the news daily. Most recently, Apple, Facebook, and Twitter acknowledged that they were attacked and were now taking additional measures to secure their networks. In January of 2013, Kaspersky Labs reported discovering malware that not only targeted government information in Eastern Europe, former Soviet republics, and Central Asia, but also had been actively doing so since 2007. The scope of global cyber attacks is staggering and the solutions to securing property and protecting national security are illusive, in large part because infrastructure is owned and operated by private, rather than public, entities. Nations struggle with choosing the most effective strategy and potential regulation of the private sector in order to reduce overall cybersecurity risk. This paper reviews the nature of cyber threats, and compares the United States and European approach to promoting cybersecurity in the private sector. Furthermore, the paper discusses how different approaches can affect cybersecurity risk, and suggests a framework for visualizing the impact of law and strategy on security.     

“私代履行人”的理论定位及规范建议

虽然《行政强制法》规定行政强制措施权不得委托给私人,但是在代履行中,却存在着"私代履行人"参与公法任务的空间。"私代履行人"理应被定位为行政助手。然而,作为公私协力的模式之一,行政助手理论制度存在一系列争议,需要对委托机关与"私代履行人"的法律关系性质、"私代履行人"的代理权行使及其侵权的行政救济等问题消除歧见。在此基础上,对"私代履行人"的条件、职责、权利义务、诉讼途径及法律责任等进行规范建议。     

Regulation and Self-Regulation: The Role of Media Commissions and Professional Bodies in the Muslim World

This article examines the state of media regulation in Arab and other Muslim countries. Whereas most countries in Europe, including the emerging democracies of Central and Eastern Europe, and some of the African societies in transition have developed media commissions of different types, most Muslim countries are so far reluctant to ease the dominating state control of the media, especially in the audiovisual sector. A majority of journalists associations in the Middle East and North Africa still need to distance themselves from governments and ruling parties. Their major task is to ensure observance of ethical standards, a task in which they have to struggle with the desires of governments and parliaments to make excessive use of the judiciary to sanction journalists. So far, Muslim countries have yet to develop their own models for restructuring the changing media sector and for creating a viable system of checks and balances that would control the media in a democratic way. Governments should aim to develop a common understanding among regulatory bodies and media practitioners and thus to provide for common concepts of ethical standards. In these efforts, much can be learned from the wide range of experiences gained by the transitional societies of Eastern Europe and sub-Saharan Africa during the last decade.     

Effects of the criminalizing policy of sex work in Spain

The aim of this study is to analyse the effects on sex workers of new regulations that ban the practice of street prostitution in Spain. This country has not traditionally maintained a clear policy regarding prostitution. However, in recent years there has been a clear turn towards the criminalization of behaviours related to voluntary prostitution. The city councils of several Spanish cities have banned the practice of street prostitution and sanctioned it with fines issued to both prostitutes and clients. Even if few studies on prostitution have been carried out in Spain, none of them had yet analysed the effects of the adoption of civic ordinances on sex workers.In this paper we present the results of an empirical research carried out with a sample of 79 sex workers – in 20 cases with in-depth interviews – to explore the effects of the new regulation on their labour conditions.     

Introduction

This paper critically compares and evaluates regulationist and governance approaches to the transformation of the local state. It is prompted by the close connection often made between the transition from Fordism to post-Fordism and new forms of economic and political governance. The paper first reviews the conceptual background to current concerns with regulation and governance. It then considers the basic (meta-) theoretical assumptions and core concepts of the two paradigms and identifies parallels and convergences and well as some important differences in theoretical or substantive focus. Attention then shifts to posible conflicts or tensions between regulation and governance as axes of crisis-management and crisis-resolution in local economies and states. The paper notes some problems in attempts to combine concepts and arguments relating to governance and regulation and highlights the importance of the organization of inter-organizational relations in resolving regulation and governance problems. It concludes with suggestions for subsequent research on these issues.     

Re-Stating the problem of regulation and re-regulating the local state

In recent years a substantial body of literature has grown up around the application of the theorectical insights of regulation theory to the evolution of patterns of local governance and the structures of the local state (Geddes 1988: Goodwin, Duncan and Halford 1993; Painter 1991: Peck and Tickell 1992: Stocker 1989 inter alia). These new patterns of local governance are characteristically seen to be associated with the replacement of the formallly accountable, democracitcally elected structures of local government with a plethora of unaccountable and non-elected agencies involving public-private sector ‘part-nership’, Within this literature the emergence of new patterns of local governance is accounted for in terms of a response to the crisis of Fordism. In this article it is argued that regulation theory's principal analytical strength lies in its analysis of the internal contradictions and dynamics of modes of regulation, but that it has thus far failed to develop an adequate explanation of the transition between modes. As a consequence, existing accounts of the emergence of new modes of local governance couched in terms of the transition from Fordism to post-Fordism (or after-Fjordism) have tended to fail to reveal the complex mechanisms and processes linking global economic dynamics and the transformation of the structures of the national and local state. By interrogating the concept of ‘crisis’ in regulation theory and by considering the processing of the failures of Foprdism through the state at national and local level as a condition of any response to crisis, it is hoped to begin to develop a theory of the transition between modes of regulation. Such a theory, as it is hoped to demonstrate, might provide the basis for a more nuanced understanding of the complex process and mechanism resulting in the transformation of political and economic structures at the local level.     

Insuring morality

This article describes and compares two forms of moral regulation employed in connection with insurance institutions. The first governs through moralized personal attributes or pressures like 'temptation' and 'character'. The second governs through moralized institutional or system attributes and processes described in terms of 'efficiency'. The article traces these forms of moral regulation from the mid-nineteenth century to the present, arguing that both continue to inform popular and specialized discourses of risk.