浅议侦查阶段的律师调查取证权

调查取证权是辩护律师的一项基本权利,但是我国司法实践中一直存在律师调查取证难的困境。文章从律师调查取证权的法理基础以及赋予侦查阶段律师调查取证权的现实必要性出发,明确了在现行刑诉法下侦查阶段赋予律师调查取证权,能够更好地行使律师辩护权,履行辩护职责,从而最大程度维护侦查阶段犯罪嫌疑人的合法权益。     

The historical evolution of settlement patterns and trends in South Africa: Unlocking the log-jam of the unsustainable settlements impasse

Abstract

This article ascertains the underlying causes of the persistence of unsustainable settlement patterns and trends in post-apartheid South Africa. Despite positive development planning policy intentions in the post-apartheid South Africa, glaring deprivation and spatial inequality has persisted. The article is grounded in a chronological analysis of demographic, functional and regional economic dynamics at the different epochs of South Africa's history as well as the settlement policy and planning intentions. Its main finding is that the persistence of unsustainable settlement patterns and trends in post-apartheid South Africa is largely a result of misplaced settlement policies and strategies. They give knee-jerk responses to global, regional, national and local dynamics shaping settlement patterns and trends. The recommendation is that development planning initiatives should be informed by the dialectics of settlement facets at local, regional, national and global levels for them to deal decisively with the historical problem of unsustainable patterns and trends.     

Ideas,Economics and 'the Sociology of Supply': Explanations for Fertility Decline in Bangladesh

The persistence of high rates of fertility in Bangladesh, despite the poverty of its population, has been given alternative, and apparently competing, explanations, including the absence of effective forms of family planning, the resilience of pro-natalist values and norms and the existence of material constraints which led to the reliance on children as economic assets. The recent and dramatic declines in fertility rates, in the absence of any apparent major economic changes in the decades prior to the onset of fertility decline, appears to contradict materialist explanations for fertility behaviour and to support explanations which stressed ideas about the acceptability of birth control and the availability of the means for doing so. This article argues that such an interpretation is based on an historical analysis of events in Bangladesh. It offers an alternative explanation which stresses socio-economic change as the primary motor for change in family size preferences, but which recognises the role of modern forms of family planning in facilitating the pace of the resulting fertility decline.     

Defense System in Israel: The State Comptroller's Perspective

The compliance of audited bodies to the recommendations published by the State Comptroller is very important while evaluating the effectiveness of the state audit process. To measure the effectiveness of the State Comptroller's audit the rate of deficiencies' rectification has been taken into account. Audit frequency is defined as the number of audits in audited bodies in a given period. The effectiveness of the State Comptroller's audit carried out in the Israeli Defense Forces (IDF) characterized by a rigid hierarchy was compared with that of the State Comptroller's audit carried out in the Ministry of Defense (MOD) characterized by a less rigid hierarchy.     

Reconciling Expert Advice and Community Opinion in a Local Government Strategic Planning Process

This article proposes that the eventual outcomes of local government strategic policy deliberations can often reflect the interplay between “expert” administrative staff, democratically elected politicians, and the community they jointly serve. A multi-site case study approach, to examine the generation of local government strategy related to a niche economic activity concludes that broadly conceptualized opinion congruence can sometimes be threatened by substantial pockets of stakeholder vested interest. As such, “expert” and “political” opinion reflects a caution based on both historical experience and political expediency; while community opinion displays an optimism based on eager anticipation of an unknown future.     

Producing knowledge in productive spaces: ethnography and planning in early socialist Romania

Abstract

My paper explores the forms of knowledge which laid the ground for the first economic plans of Romanian socialism, between 1949 and 1955. Building on factory and local Party Committee documents from the city of Cluj archives, I focus on processes of knowledge production within the space of the factory, following industrial management as a fundamental dimension of the exercise of state power in socialism. Against James Scott's concept of ‘legibility’, my research shows that the Romanian Party officials were fully aware of the limitations imposed by standardized knowledge and statistics in their planning activity and tried to counteract these limitations by producing in-depth ethnographic knowledge about economic units, production and people. Narrative and interpretative accounts of factory life proved to be the most efficient tools for a state which managed not only populations and resources, but also social production processes. Investigating the fundamental ways in which knowing was inextricably tied to planning as a condition of possibility for the exercise of state power reveals how the project of transforming economy and society into a totalizing historical configuration depended upon essentially anti-totalizing forms of knowledge.     

Territorialising Sustainable Development: The Politics of Land-use Planning in Laos

Since the emergence of the sustainable development paradigm in the late 1980s, land-use planning has become a key arena for political debates over society-environment interactions and, in practice, an important means for territorialisation projects. The paper reviews the main planning approaches that have been employed over the past three decades in the Lao People's Democratic Republic, a country that has long been viewed as a valuable policy testing ground for the proponents of sustainable development. It highlights three concurrent territorialisation projects that have shaped the history of land-use planning and have fuelled tensions between central and subnational governments and local actors, national and foreign institutions, and land suitability and sustainability approaches. The paper argues that the latter tensions reflect an important dynamism and reactivity in the planning arena. It concludes that the capacity of land-use planners to adapt to specific contexts and evolving socio-environmental challenges should be harnessed in order to reconcile conflicting approaches to planning and, perhaps, to achieve sustainable development.     

Economies of scale in Danish municipalities: Expenditure effects versus quality effects

A change in the cost structure in the Danish municipalities seems to have occurred bringing in a larger fixed element in the cost function and making unit costs higher in small municipalities than in large. The paper examines the hypothesis that small municipalities in their reaction to their higher unit costs for management make a trade-off between raising expenditures and the tax level, on the one hand, and reducing the quality of the production, on the other. Using accounting data for 1980, 1990 and 2000 it is shown that the expenditure structure has shifted since 1980 so that small municipalities now exhibit higher unit expenditures than larger municipalities. However, there also seems to be a quality substituting effect in the small municipalities as a reaction to the higher unit costs. From data based on a questionnaire to the chief executives in all municipalities indications of weak political and administrative leadership in the small municipalities are demonstrated. We find that population size and administrative capacity explain significant differences in municipal understanding of the consequences of the central government regulation defining the conditions for the local production of services.     

Defense sector reform in the Western Balkans – different approaches and different tools

This article analyses two different approaches to defense sector reform (DSR) in the Western Balkans. It explores the role of NATO in the reform process in Bosnia and Herzegovina (BiH), as well as Norway's involvement in Montenegro. Based on this, the article then compares and contrasts the two processes, and looks at the factors that have influenced their success or failure. The analysis show that both BiH and Montenegro have taken significant steps towards Euro-Atlantic integration, and that NATO and Norway have succeeded in part of their work to assist this effort. However, it also suggests that certain key factors for success in SSR have been less than optimal, such as donor coordination and the principle of local ownership. Both actors are also limited by the lack of a conceptual framework or guidelines for their work on DSR.     

论“失独者”权利的国家保护

"失独者"已然成了新的"特殊群体",其养老、返贫、疾病和心理是他们面临的主要问题,这些问题亟待政府从制度层面予以解决。但无论是国家层面还是地方层面,该问题的立法状况都不容乐观。"失独者"是因为国家义务而致,所以,作为一个人权主体,政府必须有相应的法律政策来保护他们。政府亦可将社会抚养费作为履行了计划生育义务的失独者养老费用。