《联合国反腐败公约》与刑事诉讼法再修改

《联合国反腐败公约》是联合国反腐败领域的第一个重要公约,加入和实施该公约对于我国的刑事司法改革和反腐败斗争必将产生深远影响。该公约的基本精神是“强化严惩犯罪的力度,保障正当程序的底线”。我们应当以此次刑事诉讼法再修改为契机,适时调整我国的刑事司法制度,与公约的要求相适应,以使我国的刑事诉讼法更趋于合理和科学。     

Commercial Diplomacy and Statecraft in the Context of Economic Reform: The Indian Experience

It is almost a decade since India began its economic reforms. Apart from the purely domestic economic objectives that the reforms were expected to achieve, there was a recognition that reform was imperative if India wanted to become an economic power of consequence within and beyond its region. This had important foreign policy implications. Official pronouncements reflected the concern that the balance of fiscal power as opposed to military power was the key factor in determining a country's international standing. This called for an integrated strategy to bring economic and foreign policies closer. The implementation of a vigorous foreign economic policy could not be undertaken without sharpening the commercial diplomatic tool. Indian foreign policy over the last decade has been grappling with this challenge. This article analyses the reorientation in Indian foreign policy, assesses the efforts undertaken so far to make commercial diplomacy viable and highlights the challenges that multi-layered diplomacy poses for a country like India.     

外国人居留证管理的现状及可行性改革思路

现行的外国人居留证件管理体系已难以适应形势的发展和需要,改革势在必行。取消现行大一统居留证模式,改版沿用了近50年的外国人居留证和使用了近20年的临时居留证,以磁卡式与贴纸式替代。是今后居留证体系可行性的改革思路。     

The Place for Custody Evaluations in Family Peacemaking

Custody evaluations can serve the dual purpose of providing neutral, objective information to the court while also contributing to the possibility of earlier settlement, which coincides with the therapeutic jurisprudence goal of more positive outcomes for children and families. Research suggests that most cases settle after custody evaluations. However, most of the literature is focused on the use of custody evaluations for litigation. Evaluators, attorneys, and mental health consultants can influence parents to focus more on children's needs and less on their conflict as they go through the evaluation process. This article urges family courts to develop processes and require professionals to learn skills needed for an interdisciplinary process to utilize evaluations in peacemaking.

Key Points for the Family Court Community:
• All custody evaluation processes should aim to reduce and/or shorten children's exposure to parental conflict.
• Evaluators, attorneys, and mental health professional consultants should use the evaluation process to influence parents to be more aware of their children's needs and less invested in their adversarial positions.
• Evaluators should learn to write and orally present information and state opinions with consideration of the parents themselves as consumers of the custody evaluation as well as the court.
• Attorneys and mental health professional consultants should help clients review the report, process their emotional reactions, and consider their options for settlement versus litigation in terms of emotional and financial costs to the family.
• Court processes should be developed to contain the time and cost of custody evaluations and provide dispute resolution after custody evaluations.

     

Redesigning the Family Law System to Promote Healthy Families

Family law professionals should be proactive in seeking and implementing constructive reforms. We identify some successful cutting‐edge reforms: (1) family resource centers, where all kinds of needs can be met; (2) informal family law trials, which streamline clogged calendars and provide an empowering and efficient forum; (3) licensed legal technicians, who increase public access to legal services; and (4) unbundled family law services. Second, we outline a protocol for implementation of reform developed by the Oregon Task Force on Family Law which is effective and replicable. Thoughtful reform of dispute resolution processes will serve family health and promote peace.

Key Points for the Family Court Community:
• Evolving family constellations, private ordering through pre‐ and postmarital agreements, an increase in self‐represented litigants, and shrinking judicial resources are changing family law dramatically.
• Thoughtful, practical process reforms are needed in order to accommodate these changes.
• Practitioners should be proactive about seeking out and implementing such reforms.
• Some reforms already finding success include family relationship resource centers, informal domestic relations trials, licensed legal technicians, and unbundled legal services.
• We outline a protocol with a proven track record of success for implementing cutting‐edge family law reform.

     

Presumptions,Burdens, and Best Interests in Relocation Law

The pure “best interests” approach to relocation law is a failure. It is unpredictable and expensive, increasing conflict and discouraging settlement. The “fundamental questions” proposed by Parkinson and Cashmore in their article will not reform the law. Real reform will require the use of presumptions or burdens to guide best interests. “Presumptions” are not “rules,” but only starting points. No simple presumption “for” or “against” all relocations can be justified, but there are large categories of cases that do warrant presumptions: interim moves, unilateral relocations, shared care, and predominant primary caregivers. The first three involve presumptions against relocation, while the last—the largest category—warrants a presumption that relocation is in the best interests of the child, unless the contrary is proved. There will remain a small minority of in‐between cases where none of these presumptions will operate, recognizing the limits of our general knowledge. It is time to move the relocation reform debate beyond pure “best interests,” to the next stage, to a serious discussion of which cases warrant presumptions, and of what strength.

Key Points for the Family Court Community
• Pure best interests approach to relocation law is a failure
• Presumptions or burdens needed to reform the law, but not just “for” or “against”
• Presumptions are identified for four categories of relocation cases: interim moves, unilateral relocations, shared care, and predominant primary caregivers

     

浅析当前农村建立稳定教师队伍的困境及对策

当前我国农村地区存在着严重的师资力量不足等问题,大批优秀大学生到落后地区支教,可以相对缓解当前农村教育的部分问题,但却无法从根本上解决当前农村教师队伍建设问题。建立稳定的农村教师队伍有如下对策:解决经费短缺和工资拖欠问题;改革工资评定制度;建立城市与农村教师双向流动制度;定期对教师进行教育培训。     

建国初期婚姻制度改革研究

婚姻制度是规范男女两性关系和家庭关系的一种法律制度 ,婚姻关系处在社会生活的表层 ,是社会变迁的指示器。建国初期是中国从传统社会向现代化社会过渡最为剧烈的时期 ,这一时期的我国婚姻制度改革体现了由家庭本位到个人本位的过渡 ,婚姻制度改革对普通民众的生活和社会发展产生了极大的影响     

中国乡镇改革的未来走向探析

现行的“乡政”模式及其治理能力与当前农村政治经济形势不相适应的矛盾日益突出。就全国范围来看,“乡政”的运作并没有完全达到预期目标,实践与法律的规定和人们的期望仍存在着相当大的距离,乡镇改革的未来走向以及可能的模式选择必须引起我们的关注。     

论治安管理专业学科建设

学科建设关系治安管理专业的生存和发展。治安管理专业学科建设应从专业师资队伍、教学内容和课程设置、教 材编写、教学形式和方法、教学设备设施与教学外部环境等六个方面着手,大胆进行改革和设想,采取切实可行的新举措。