墨子的法律价值观及其创造性转化

墨子的法律价值观主要展现在：尚法法天的法律至上观、为仁兼爱的良法善治观、义正尚同的法律正义观、兴利利民的法律权益观和谈辩中效的法律商谈观。墨子的法律价值观以中国法律文化的“小传统”彰显了中国现代法律文化的“大传统”,映射着现代法律价值观的法律至上、仁爱兼爱、公平正义、义利相容、辨明析理等。通过弘扬“尚法法天”,促进法治意识的养成;光大“仁法”“治法”,助推良法善治;传承“义正尚同”,树立公平平等的法律正义观;倡导“兴天下利”的权益观,确保法治为民和保障民权以及借鉴“谈辩明理”的法律商谈,完善中国特色的民主法治,从而实现墨家法律价值观的“创造性诠释”和“创造性转化”,为良法善治、为法治建设,提供最为原创的“法治本土资源”。     

WHERE OFFENDERS CHOOSE TO ATTACK: A DISCRETE CHOICE MODEL OF ROBBERIES IN CHICAGO*

Why do robbers choose a particular area to commit an offense? Do they rob close to home? Do they search for areas with suitable and attractive targets? What keeps them away from certain areas? To answer these questions, a model is developed of how robbers choose target areas. The model draws on various theoretical and empirical traditions, which include environmental criminology, journey to crime research, gang research, and social disorganization theory. Testing the model on cleared robbery cases in Chicago in the years 1996–1998, we demonstrate that robbery location choice is related to characteristics of target areas, to areas where offenders live, to joint characteristics of the resident and target areas, and to characteristics of the offenders themselves. The presence of illegal markets and other crime generators and crime attractors make areas attractive for robbers, whereas collective efficacy seems to keep them out. Distance as well as racial and ethnic segregation restrict the mobility of offenders.     

The Use of the MacCAT-CA with Adolescents: An Item Response Theory Investigation of Age-Related Measurement Bias

Despite the application of the MacCAT-CA to juveniles, questions been raised regarding the appropriateness of this tool for adolescents. The current study tested for age-related measurement bias using data from the MacArthur Juvenile Adjudicative Competence Study (n = 1393). Five of the MacCAT-CA items showed age-related measurement bias (i.e., DIF) for adolescents aged 11–15, and three items showed DIF for adolescents aged 16–17. Several items (e.g., understanding of juries) were more difficult for adolescents than adults matched at the same latent level of capacity, suggesting that these items might underestimate adolescents’ legal capacities. Contrary to expectations, there was little evidence of age-related measurement bias on the Appreciation scale. The use of the MacCAT-CA in research and clinical settings is discussed.

Data protection legislation: What is at stake for our society and democracy?

The author starts by questioning the main privacy challenges raised by our present and future information society viewed as a “global village”. Apart from a comparison with the traditional village of our parents, he identifies the two complementary and not dissociable facets of our privacy: the right to seclusion and the right to participate fully in our society. According to the first German Constitutional Court recognizing the right to informational self-determination as a new constitutional right, he underlines the need to analyse the data protection as a tool for ensuring both the citizens' dignity and our democracy.     

Experiences of Stalking Victims and Requests for Help in Three European Countries. A Survey

Previous research by the Modena Group on Stalking (MGS) regarding awareness and recognition of stalking by police officers and general practitioners using case scenarios showed significant differences across three countries. It was also hypothesized that victims used different pathways when seeking help. To explore the experience of requesting help by victims of stalking in different European countries a detailed survey was completed by 391 victims of stalking in Belgium (n = 145), Italy (n = 126) and Slovenia (n = 120). The research confirmed the significant intensity and duration of stalking and psychological distress for victims. Victims used several pathways to survive stalking. Some victims reported that informal interventions they or family/friends implemented were effective, but the majority had to have recourse to helping agencies. Significant differences in help seeking behaviour were found between the three countries. In Belgium victims contacted the police, as well as other helping agencies, more often and more precociously than in Italy and Slovenia. Restriction orders against the stalker were considered the most effective intervention. Police were regarded as the least supportive agency, taking victims less seriously, and not being particularly effective at stopping the stalkers. Police were ranked after family/friends, lawyers and colleagues, with regards effectiveness, except in Belgium, where Police’s effectiveness was ranked second after lawyers. Stalking often requires the mobilization of multiple helping agencies by victims and it is important that victims are aware of what help is available to them and that agencies become more sensitive to their needs.     

政府系统副职职能转型、规模控制与组织法治

改革政府系统副职现状,是政府机构改革的有机部分,是政府组织、法治化、科学化的基本要求。加快政府组织法治化进程,完善政府组织法的框架和内容,在政府职能转变的基础上继续推进"大部制"改革,提升部门地位和权能,实现政府系统副职职能转型和规模控制,对于推进法治政府建设和实现政府组织体系科学化,具有重大的现实意义。     

身份犯的处罚根据论

身份犯的处罚根据问题是身份犯理论研究的基础性范畴,它直接决定了身份犯具体问题的展开。发端于大陆法系刑法中的"义务违反说"、"法益侵害说"以及建立在二者基础之上的"综合说"都不能圆满地说明身份犯的处罚根据;我国学者关于此问题的个别看法也不无纰漏。以"身份法益侵害说"作为身份犯的处罚根据,则是一种合理的选择。     

知情权法律救济在我国遭遇的尴尬

<政府信息公开条例>的实施,在一定程度上保障了公民的知情权.然而<条例>在规定知情权法律救济途径时,由于并未充分考虑其独特的性质,故知情权如遭受侵害,在行政复议、行政诉讼、国家赔偿等传统的救济手段中面临诸多困惑与尴尬.因此,在宪法中明确赋予公民知情权以基本权利的地位;待时机成熟提升条例的法律位阶,变条例为法律;调整行政复议、行政诉讼的审查方式,增加屏蔽审理程序;提高公民权利观念,加强政府法治理念,畅通救济途径,才能更加有效地保障公民的知情权.     

对构建我国刑诉法中非法证据排除规则的思考

构建我国刑诉法中的非法证据排除规则要以我国的现有法律体系为根基。文章通过对我国现有法律体系的考察,提出了构建我国刑诉中非法证据排除规则的合理设想及其自身良性运行机制的完善。