关于追缴犯罪所得的国际司法合作问题研究

作者根据我国目前在追缴犯罪所得方面国际司法合作的实践,列举了五个急需通过国内立法或者国际协议加以解决的问题,即:⑴如何根据外国的刑事司法协助请求对银行帐户资金实行扣划或者对有关的不动产实行处置;⑵如何在有关的追缴和返还合作中切实保护善意第三人和潜在权利人的合法权益;⑶如何在案犯外逃的情况下决定对属于犯罪所得的财产予以追缴和没收;⑷如何合理确定追缴程序中的举证责任;⑸如何处理发生在追缴合作中的费用补偿和收益分享问题。文章对外国的有关法律制度以及国际条约的相关规定进行了介绍和比较研究,在此基础上,就上述问题的解决提出如下建议:完善我国刑事诉讼中对赃款赃物的“简易处置”制度,增加配套的法院裁决程序;在我国建立承认与执行外国刑事罚没裁决的司法审查制度;在特定情况下将附带民事诉讼程序前移,并在条件成熟时设立独立的财产没收程序;变通现行的证据制度,要求特定案件中的财物持有人或者关系人承担关于合法来源或者善意享有的证明责任;本着互惠和务实的精神处理被追缴财物的国际分享问题,建立专门的基金组织将分享的资金转换为开展有关国际合作的资源。     

Fulani on the Move: Seasonal Economic Migration in the Sahel as a Social Process

Most research on short-term rural to urban migration and its impacts takes an economic approach and often emphasises negative aspects of migration, linking it synergistically with rural poverty in sending areas. Data from Fulani migrants in Northern Burkina Faso challenge this pessimistic view of short-term labour migration. Rather than a response to destitution, migration seems to be a useful way in which reasonably prosperous households can further enhance livelihood security. Moreover, factors not easily incorporated into a standard economic analysis, identity and village networks, emerge as being essential to the understanding of migration in this population. Finally, migration emerges as a highly dynamic process, which an ahistorical, static framework of analysis fails to capture.     

Contextualising the ‘Responsibility to Protect’ in Darfur

ABSTRACT

This article argues for a thorough contextual analysis based on understanding local, regional and international politico-economic linkages in the Sudan, in order to ground prospects of the ‘Responsibility to Protect’ (R2P) doctrine in the ongoing crisis in Darfur. The R2P framework was crystallised by the International Commission on Intervention and State Sovereignty (ICISS) in 2001. It was adapted and subsequently endorsed by United Nations (UN) member states during the 2005 UN World Summit. The R2P ostensibly provides normative benchmarks on how states should respond to the quadruple human rights violations of genocide, war crimes, crimes against humanity and ethnic cleansing. Indeed, there is debate on whether the prevailing crisis in Darfur constitutes a test case for the application of the R2P. However, such debate is misplaced on two grounds: first, it glosses over the inherent conceptual deficiencies of the R2P, as presently constituted. More importantly, such debate is primarily inspired by reactionary and externalising influences based on past international failings, like Rwanda (1994) and Bosnia (1993). Hence, it is argued that the starting point of analysing the Darfur crisis should be a thorough investigation of how local, regional and international politico-economic factors have historically worked in an orchestrated fashion to trigger and sustain the crisis in the Sudan. Knowledge and an understanding of such historical specificity is a requisite for determining the relevance of the R2P in Darfur. The R2P, as presently constituted and practised, does not address this gap.     

The regional outcome of the Comprehensive Peace Agreement five years down the road: Are external forces playing a progressive role?

ABSTRACT

The Sudan's Comprehensive Peace Agreement (CPA) of January 2005 is the outcome of regional and international mediation led by the Inter-Governmental Authority on Development (IGAD)1 and the IGAD Partners’ Forum broadened to include the United States of America, Norway, the Netherlands, Canada, Italy and the United Nations. Five years into its implementation the peace agreement appears to have transformed the war between North and South Sudan into a series of engagements of conflicting nature. Numerous contradictory actions by both the Sudanese People's Liberation Movement (SPLM) and the National Congress Party (NCP) (the main political forces behind the CPA) have been noted during the ongoing implementation process (Grawert forthcoming 2010; Grawert and El-Battahani 2005; Wassara 2008). Although internal Sudanese forces are the key actors in implementing the CPA, external forces are critical in providing the support and pressure needed for a complete realisation of the peace deal. The New Regionalism Approach (NRA), as advanced by Grant and Soderbäum (2003), is instrumental in understanding this dynamic. This article is based on the result of a study that seeks to examine why positive engagements of external forces are needed for a timely implementation of the Comprehensive Peace Agreement.     

El libre acceso a la información,las innovaciones tecnológicas y la publicidad de los actos Procesales

This paper raises questions about the Brazilian legal system, which takes to an extreme the constitutional principle (the Publicity Principle) requiring publication of legal cases, and is unable to properly distinguish between the need to publish judicial decisions, and the publication of documents and texts produced by the parties, thus endangering the protection of personal data, and representing a possible security risk to the State and society as a whole.     

引进临床心理学构建实用的信访矛盾化解技术

在公安机关的信访工作中引入临床心理学技术,对化解由心理问题造成的信访疑难积案具有现实意义和理论基础。基层调研过程中发现的实际案例也证实它可以很大程度上提高信访工作的效率,从根源上化解矛盾。实用信访矛盾化解技术的形成不仅需要掌握心理学基本原理和相关心理咨询技术,还要把握好实践应用中的技巧及其时机。在实际工作中应注重临床心理学技术在信访工作不同阶段的应用,切实地将此项技术推广、运用到公安信访工作中,使公安信访工作更加合理和高效。     

The Politics of Universalisation: Establishing National Health Services in Southern Europe

Italy, Portugal, Greece and Spain have enacted reform laws during the last 20 years with the intention of turning their health insurance systems into national health services. Universalisation of access to public health care was at the centre of the political debates which led to the passing of the reform laws. This article analyses the policy-making processes that allowed for such institutional change, as well as achievements and shortcomings of the implementation processes that followed. The analysis draws on the insights of the actor-centred neo-institutionalist approach in the policy sciences.     

Compromising liberty: Friedrich Hayek's The road to serfdom in practice

Abstract

This paper examines a rare and unstudied piece of consultancy work undertaken in 1944 by Friedrich Hayek for the British Colonial Office and for the Government of Gibraltar. Hayek's subsequent reports suggested the reorganization of the state-regulated Gibraltar housing market in line with free market principles designed to relocate the colony's working-class population into neighbouring Spain. However, rather than freeing Gibraltarians from the evils of state planning, as identified in The road to serfdom (also 1944), this proposal would have delivered them into the dictatorship of General Franco. Not only was Franco's regime brutal, but it also practised autarkic economic policies virtually identical to those which Hayek maligned in The road to serfdom. In sum, Hayek's proposals would have benefited Gibraltar's landlords at the expense of the liberty of the majority of the civilian population.     

Immigration and the Remaking of New York

Abstract

The 1965 Immigration and Nationality Act abolished quotas that favored European immigrants, and for the first time placed all countries on an equal footing. The law resulted in increased overall immigration, and altered the sources of immigrants to the U.S. Since 1970, New York City has absorbed 2.6 million immigrants, primarily from non-European sources, who have dramatically altered the City's racial/Hispanic mix. Using immigration and birth records, as well as data from decennial censuses, this paper examines immigration to New York and assesses the demographic impact of these flows on the City's population.

Current immigrant flows have noticeably increased the ethnic diversity within the major race/Hispanic groups. This is largely due to increases in refugee flows, and to recent changes in immigration law that allow for “diversity” visas, which are aimed at countries that are under-represented in immigration flows to the U.S. Diversity immigration has provided New York with a continuing flow of new groups, most recently from Bangladesh, Mexico, Ghana, Nigeria, and Senegal, who have established enclaves in many of the City's neighborhoods. The increasing diversity poses serious challenges for social service and health care professionals, who need to devise new strategies to deal with the disparate socioeconomic backgrounds, cultures, and belief systems of new ethnic groups. This is especially important given that New York's ethnic mix will continue to be churned, especially by way of diversity immigration and refugee flows from all parts of the globe.     

Digital identity,privacy and the right to identity in the United States of America

This article analyses digital identity as an emergent legal concept in the United States of America, as a consequence of the move to place all federal government services on-line. The features and functions of digital identity and its legal nature are examined, and the consequences are considered.