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41.
HAN Xu 《浙江省政法管理干部学院学报》2007,34(4):25-40
According to the empirical research of 768 judgment documents made by the court since the establishment of the Supervisory Commission, it is found that the defense rate of the entrusted lawyer is high; the duration of detention is relatively long and the arrest rate after the removal of detention is high; the system of leniency of confession and punishment and the application rate of quick decision procedure are low;the illegal evidence is difficult to exclude; the conclusion of the case is based on verbal evidence, and the mutual “confirmation” of the evidence has become a typical mode of handling such cases. Based on this, it is necessary to guarantee the time and litigation rights of defense lawyers to intervene; to improve the applicable standards of retention measures; to clarify the applicable standards of leniency system of confession and punishment in duty crime cases and the procedures of obtaining and presenting synchronous audio-visual materials; to implement the principle of direct words in court trial, to strengthen the examination of evidence, and to establish a mechanism for witnesses, appraisers and investigators to testify in court. 相似文献
42.
《社会福利与家庭法律杂志》2012,34(4):459-470
This article considers the actual and potential role of the law in giving force to social rights entitlement. It examines the strategic approach of the Disability Rights Commission in Britain between 2000 and 2007; the engagement of the Greek Parliamentary Ombudsman with civil society to give practical effect to European equality law, especially in respect of the Roma community; and the work of the Health Service Ombudsman in England in promoting health equality for people with learning disabilities. It proposes that in each of these different examples the mobilisation of equality law, and indirectly of social rights entitlement, is dependent upon the activation of civil society and of the intermediate institutions of which it is comprised. It suggests that the need for mobilisation of this sort derives from the ‘complexity’ of social space that makes the polarisation of sovereign individual and sovereign state unrealistic. Insofar as the debate about law and social rights assumes a model of social reality based on polarisation of that sort, it is likely to exaggerate the reliance that can be placed upon individual law enforcement, even where social rights have a legislative basis and are to that extent potentially justiciable. The hypothesis of political pluralism privileges a different model and mandates a different approach to ‘law enforcement’ in the sphere of social rights entitlement. 相似文献
43.
Agencies involved in generating regulatory policies promote evidence-based regulatory impact assessments (RIAs) to improve the predictability of regulation and develop informed policy. Here, we analyze the epistemic foundations of RIAs. We frame RIA as reasoning that connects various types of knowledge to inferences about the future. Drawing on Stephen Toulmin's model of argumentation, we situate deductive and inductive reasoning steps within a schema we call the impact argument. This approach helps us identify inherent uncertainties in RIAs, and their location in different types of reasoning. We illustrate the theoretical section with impact assessments of two recent legislative proposals produced by the European Commission. We argue that the concept of “evidence-based regulatory impact assessment” is misleading and should be based on the notion of “regulatory impact assessment as evidential reasoning,” which better recognizes its processual and argumentative nature. 相似文献
44.
Pierre Haroche; 《Journal of common market studies》2024,62(4):938-954
The European Union's (EU's) ‘geoeconomic turn’ denotes the growing integration of international security considerations into EU economic policies. This article introduces the concept of ‘geoeconomic power Europe’ to show how this development has the potential to renew debates on the nature of EU power. Most existing conceptualisations of EU power – whether characterised as civilian, normative, market based, regulatory or liberal – tend to focus on the EU's endogenous characteristics. However, the added value of the concept of geoeconomic power is that it redirects attention to the ‘co-constitution’ loop between global power competition and the evolution of EU power. In this article, I present an analytical framework that highlights the drivers of EU geoeconomic power and distinguishes between systemic pressures, the intra-EU policy process and the impact on EU power. I conclude that the concept of geoeconomic power Europe can help to bridge theories of international security and economic interdependence, particularly neorealism and neofunctionalism. 相似文献
45.
《国际商事仲裁示范法》对临时性保全措施条款的修订 总被引：1，自引：0，他引：1
临时性保全措施是国际商事仲裁程序中的措施,旨在使仲裁程序顺利进行,保障裁决作出后得以执行。在阐述联合国贸法会2006年对其1985年《国际商事仲裁示范法》关于临时性保全措施规定修改要点基础上,结合我国现行法律对有关临时性保全措施的规定进行比较研究,进而对我国现行立法的修订提出自己的看法。 相似文献
46.
广州仲裁委员会成立近十年,为更好的反映广州仲裁委员会近十年被撤销案件的情况,有必要对其进行较为全面深入的总结和分析。本文首先以图表的形式回顾了广州仲裁委员会近十年来被撤销案件的总体情况,然后对被撤销案件的理由作了深入细致的分析,最后就广州仲裁委员会被撤销案件情况进行了总结并提出了自己的建议。 相似文献
47.
Ivor Gaber 《The Political quarterly》2021,92(1):139-141
The Equalities and Human Rights Commission (EHCR) investigation into anti‐semitism in the Labour Party, the virtual disavowal of the report by Jeremy Corbyn, his subsequent suspension from and then reinstatement to the party and then his exclusion from the Parliamentary Labour Party, raise issues far wider than just the EHRC’s legalistic and limited investigation. 相似文献
48.
The bureaucratic arms of modern international organizations increasingly consist of staff with ambiguous organizational affiliations. This article analyses the implications of this trend from the perspective of representative bureaucracy – using seconded national experts (SNEs) in the European Commission (Commission) as the empirical laboratory. Using a variety of datasets, we unveil Commission SNEs' profiles (to assess their passive representativeness) and link these profiles to their role perceptions (to evaluate their potential for active representation). This illustrates that Commission SNEs' background characteristics do not match those of their constituent population (i.e. the EU27 population) – suggesting a lack of passive representativeness. However, we also find that SNEs from countries favoring stronger national rather than European regulatory and policymaking powers are more likely to see themselves as a representative of their home country government. This suggests a potential for active representation in terms of SNEs' home country's policy preferences. 相似文献
49.
As part of the “better regulation” agenda, the European Commission created a semi-independent institution, the Regulatory Scrutiny Board, to monitor the preparation of policy proposals. The position of this Board is potentially wide-ranging. A proposal that is not given the green light by it cannot proceed in the Commission's internal decisionmaking process. But so far, the Board has only received scant scholarly attention. We provide a comprehensive analysis of the impact of the Regulatory Scrutiny Board on the Commission's policy preparation. Using machine learning techniques and quantitative text analysis, we study 673 Board opinions and compare almost 100 draft and final policy proposals. Our findings show that the Board is an active watchdog that is taken seriously by the Commission's departments. A full understanding of policy preparation in the EU therefore requires more scholarly attention to the Regulatory Scrutiny Board. 相似文献
50.