我国检警关系的现状与重构

在我国,检警追诉犯罪职责的一致性决定了检警之间的合作关系,检察官的法律监督的职能决定了检警之间的监督关系。从理论上看,刑诉法对这二者关系的规定存在值得商榷的地方,从司法实践来看,这种合作与监督的关系相处得并不理想。因此,如何在现有检警机制下解决好二者之间的合作与监督关系,是一个值得探讨的问题。     

乡(镇)村关系视阈中“村务公开”的困境及其破解路径

“村务公开”面临着许多现实问题,这些问题的根源在于基层社会乡村(镇)关系的矛盾和冲突,表现在基层权力体制、基层民主和乡(镇)村财政体制以及传统的“乡土文化”对“村务公开”的影响。破解“村务公开”的困境在于扩大基层民主自治范围和层次,建立乡(镇)民委员会的自治组织,进行“乡镇社区”治理。     

Linking Leader Social Skills and Organisational Health to Positive Work Relationships in Local Governments

This study examines the links between leaders' social skills, organisational health (decline) and positive work relationships. In particular it tests whether leaders' social skills are more strongly associated to work relationships when the organisation's fiscal health is more precarious. Using data from both surveys and annual financial statements of 103 public sector organisations, the results indicate that a leader's social skills and organisational fiscal health are positively related to work relationships. However, the interactive effect of leaders' social skills and organisational fiscal health on positive work relationships was not significant.     

‘It’s Not Like Never-the-Twain-Shall-Meet’: Politician–Staff Relationship Structures in Local Government

Local governments have two primary components: elected representatives and employed staff. The relationship between these two groups has significant impacts on local authority operation. Two key theoretical models used to characterise these relations, the well-established Politics/Administration Dichotomy and the recently conceived Complementarity Model, are employed here to explore relationships in New Zealand councils. Results show varying views regarding whether the separation of staff and elected representatives (councillors) is based on their respective roles or inputs. A role-based separation emphasises distinct ‘realms’, with elected representatives controlling policy making and staff controlling the implementation of policy. This approach supports a hegemonic relationship and embodies the Politics/Administration Dichotomy. On the other hand, an input-based separation emphasises the issues that each group should focus on, with councillors integrating community desires and staff contributing their technical expertise. The latter lends itself to interactive processes and is consistent with the Complementarity Model. Neither input nor role-based relationships are inherently superior; various empirical factors influence the suitability of each. This suggests that it is advantageous to have multiple theoretical models accounting for alternative local government relationship structures, but future research is needed to clarify the ‘best’ options for different contexts.     

El federalismo cooperativo como factor catalizador de un Gobierno Abierto

The paper aims at outlining a framework of analysis that substantiates the significance of collaboration among governments, under the assumption that a rigid system of competition tends to result in the splintering of public affair solutions in government agendas. Cooperative federalism, to the degree that it may produce intergovernmental relations, points towards a support of holistic solutions to demands written into the action plan that serves as a precondition to enrollment in the Open Government Partnership (ogp). The proposal presented by Mexican representatives during the June 2012 meeting in Brasilia, envisioning governmental aperture at the subnational and local levels, would have more possibilities of success if minimal bases for cooperative federalism that may serve to manage public affairs are set forth previously.     

Indigenous African marriage and same-sex partnerships: Conflicts and controversies

ABSTRACT

In 2006 the Constitutional Court of South Africa ruled the common law definition of marriage to be unconstitutional because it did not accord same-sex couples the same benefits and responsibilities as heterosexual couples. This defect was corrected by the legislature with the enactment of the Civil unions Act. The recognition of same-sex partnerships or marriages by the Act reflects and acknowledges the diverse nature of a changing South African society. A question triggered by this legal development is the impact that same-sex partnerships will have on the country's customary law on marriage. This article presents a critical analysis of a possible co-existence between same-sex partnerships and customary laws on marriage. The author explores the customs upon which customary laws of marriage are founded, and assesses their flexibility in accommodating same-sex partnerships.     

Mexican‐American homicide in phoenix, 1980–1991: A comparative and descriptive analysis

Race and ethnicity has emerged as one of the most important variables in explaining differences in homicide perpetration and victimization patterns in the U.S. Most research on minorities and homicide has tended to focus exclusively on African‐Americans, while excluding other minority groups such as Native Americans, and Latinos. In this study we examine patterns of homicide among Mexican Americans in Phoenix from 1980 through June 1991. These patterns are compared to those displayed by non‐Latino African Americans, and non‐Latino whites in Phoenix for the same time period.     

Restoring ordinariness for women offenders: why every wing matters

Abstract

Psychologically informed planned environments (PIPEs) are specifically designed environments where staff members have additional training to increase their psychological understanding of their work. This understanding enables them to create a safe and supportive environment which can help facilitate the development and improvement of those who live there. They aim to maximise ordinary situations in order to support development and to approach this in a psychologically informed way, and by paying particular attention to issues relating to personality disorder. Since PIPEs have been introduced into the Criminal Justice System in 2011, significant improvements in institutional behaviour have been observed. This paper considers the development of the therapeutic environment of a PIPE Unit and in particular its translation for women in custody. Reflecting upon narratives taken from focus groups within a female PIPE Unit in England, it will theorise why, for many women, the environment plays a significant part in their recovery and progression in prison. Although this paper focuses on a PIPE environment, it is suggested that observations can also be transferred to other forensic environments, including therapeutic communities, enabling environments, treatment services, hospital wards, normal wing locations and so forth.     

Differential Parental Treatment,Sibling Relationships and Delinquency in Adolescence

The present study examined the moderating effect of the quality of the sibling relationship on the longitudinal association of parental treatment with theft, vandalism, and violence in adolescence. Participants were 416 sibling pairs which were studied over a one-year period. The younger siblings were aged 13 to 15, the older siblings 14 to 17 at Time 1. No significant effects were found for mixed-sex dyads. For same-sex dyads, the results suggested that when the relationship was of poor quality, younger boys who felt treated less favorably by their mothers were most likely to show high levels of vandalism and violence, while younger girls who felt treated less favorably were most likely to show high levels of theft. No such effects were found for older siblings. These findings indicate that differential parental treatment and the quality of the sibling relationship have gender-specific effects on adolescents’ delinquency and have a different meaning for younger than for older siblings.

From the Asian Boyz to the Zhu Lian Bang (the Bamboo Union Gang): A Typological Analysis of Delinquent Asian Gangs

Developing a typology for delinquent and criminal gangs has a long history in criminology and criminal justice. Although many typologies have been proposed in the past eight decades, the great majority of these classifications are based on the consideration of one single factor. This approach obviously oversimplifies the nature of gangs and may give gang researchers an impression that gangs of a certain category differ totally from those of another category. The author of this paper argues that differences between gangs are relative, not absolute. To demonstrate this point, a nomenclature on Asian gangs based on the different combinations of the three factors of political belief, organizational layout, and political connection is suggested. According to this nomenclature, Asian gangs can be conceptually categorized as STP, SEP, STN, SEN, ITP, IEP, ITN, and IEN types.