故意泄露国家秘密罪的司法认定

故意泄露国家秘密罪的违法阻却事由是国家秘密已失去秘密性和泄漏行为事先得到许可。当同一行为既符合间谋罪又符合故意泄露国家秘密罪要件时,应以间谍罪处罚。故意泄露国家秘密罪是结果犯,只有被不应知悉者知悉之前才可认定为未遂犯,否则就构成犯罪既遂。     

The Greenbook and the Overrepresentation of African American,Hispanic, and Native American Families in the Child Welfare System

Effective Intervention in Domestic Violence & Child Maltreatment Cases: Guidelines for Policy and Practice (the Greenbook) provided a valuable framework for child welfare agencies, domestic violence agencies, and the courts to work together to address the co‐occurrence in families of child maltreatment and domestic violence. It did not specifically address the overrepresentation of families of color in the child welfare system or the disparity of outcomes for these families. Yet the Greenbook’s approach to systems change can be used as a foundation to implement strategies to reduce overrepresentation and to improve safety, permanency, and stability for children and families.     

Understanding the public perception and satisfaction of a UK police constabulary

This study explores the public perception of a community in Britain, towards a police constabulary in the UK. The study sought to explore how the levels of satisfaction between Black and Minority Ethnicities (BME) and non BME communities towards this police force in the UK. Using a mixed-methods approach, data was obtained by the use of self-completion questionnaires of 112 participants in an area in the UK and the use of a total of 31 semi-structured interviews. The findings show that participants questioned police competence, the duty of police officers, policing conduct in relation to investigations, experiences of prejudice and expectations communities have of the police. The results for this study showed that there is some support for the idea that the perception of the police during the first contact with a member of the public is likely to be the most powerful predictor of future opinions on the police. This comes from the idea that the public are concerned not only with what the police do in the community, but how they do their work. Finally, as the current study is concerned with policing the local communities, it is important to remember that members of the community will respond positively to being included in police procedure deliberations and audits. The findings suggest that there is still much work to be done by the police service in order to improve the relationship with the communities that they serve. We argue much more emphasis should be placed on community work and increased engagement with younger people in schools and the wider general public.     

Restorative justice and probation decisions – an analysis of intentional assault cases in China

The restorative justice model focuses on amending offender-victim relations. Compared to Western countries, China's criminal justice policy has relied on both formal and informal mechanisms in dealing with criminal offending. Recently a victim-offender reconciliation (VOR) program has been codified in China to provide incentives for offenders and victims to resolve their disputes through court-guided mediation sessions. Using restorative justice as an interpretive framework and drawing upon 1000 minor intentional assault cases, this study examines the impact of core VOR concepts on probation decisions. Our analysis suggests that offender compensation and attitude were significantly related to the likelihood of receiving probation, and the defense attorney played an unexpected yet impactful role in shaping judges’ probation decisions. Theoretical and policy implications are discussed.     

The role of local government in rural communities: culture-based development strategies

ABSTRACT

This paper discusses local development and various governance strategies that local governments can use to engage actors in rural communities and resources from a broader environment to achieve desired socio-economic outcomes. We ask: How can local governance vary in rural communities? How can governance arrangements lead to contrasting socio-economic outcomes? Our conceptual framework combines a typology of local governance roles with socio-economic outcomes associated with neo-endogenous development theory. We explore culture-based development projects from three rural communities. We find that local governance strategies vary between relatively similar rural communities and that they represent compromises in terms of socio-economic outcomes. Local government in rural communities can act strategically through use of local networks. Local governance here is best understood as an emergent quality of the local context, history, institutions, culture, and, power relations. Therefore, governance strategies in rural contexts should be based on careful reflection on potential roles, trade-offs and desirable outcomes.     

社区工会:农民工融入城市的"助推器"

随着市场经济体制改革的推进,社区工会组织发展农民工的客观条件已经成熟,社区工会组织发展农民工的重要性紧迫性日益显现.工会将农民工纳入工会工作体系,可以在维护农民工权益方面发挥很大作用.     

论犯罪故意与违法性认识

在外国刑法理论中“不知法律不负责”是一条古老的规则 ,在刑法理论与审判实践中一直重视区分法律错误与事实错误。但是 ,随着社会生活的日益复杂 ,这一规则面临着一些争论与问题。本文在介绍外国刑法有关理论的同时 ,联系我国的理论观点进行讨论 ,提出了判断违法性认识是否为犯罪故意内容的标准 ,应当以司法者的判断为主 ,但也要考虑当事人的具体情况。     

交通肇事因逃逸致人死亡问题研究

对于交通肇事因逃逸致人死亡问题如何定性,理论上及实践中存在不同看法,这影响了刑法第133条“因逃逸致人死亡”规定的适用效果。本文认为,首先应当确定逃逸行为的准确内含,将其他的加害行为排除在逃逸行为之外,即对逃逸行为作单纯的理解,这才符合立法的原意,也有利于交通肇事罪与不作为的故意杀人罪的区分。     

Promises and Pitfalls of Veto Player Analysis

Veto player approaches have come to occupy a central role in comparative politics. This article critically reviews the literature, focussing especially on veto player explanations of policy outputs and outcomes. The review highlights three problems empirical veto player studies have to face: 1) identifying the relevant veto players, 2) establishing equivalence between veto players, and 3) specifying (theoretically or empirically) veto players' policy preferences. The article concludes that empirical veto player analyses advance our understanding of political institutions and their effects, but that they should deal more systematically with the three above mentioned problems.     

关于抢劫罪“致人死亡”的三重解释

抢劫致人死亡的,行为人是否可以对死亡后果持故意的心理态度,是中外刑法学界颇有争议的问题。在坚持结果加重犯的加重结果的主观罪过仅限于过失的立场下,通过尝试运用比较解释、体系解释和目的解释这三种方法对相关刑法条文进行不同维度的解释,得出的结论是我国刑法分则中的“致人死亡”一词的一般含义是过失致人死亡,抢劫作为一种侵犯财产犯罪,不应也不能包括故意杀人的行为。因此,最高人民法院关于抢劫杀人案件的司法解释值得商榷。