论动植物检疫徇私舞弊罪

通过对动植物检疫徇私舞弊罪的概念和构成要件特征进行分析,结合司法实践阐释本罪认定应注意的若干问题,并详尽论述本罪与相关罪的罪数形态问题.     

民初律师惩戒制度论析——以惩戒案例为中心

律师惩戒制度对维持律师队伍的道德水准和专业素质起着规范和监督作用.在本质上这一制度反映出律师行业的自治性和国家对这一行业监督、管理和控制的互动关系.民初北洋政府时期在律师惩戒领域实行的是两级两审制:由高等审判厅推事组成的律师惩戒会是初审机构,由大理院推事组成的复审查律师惩戒会是复审机构.这一时期的律师惩戒事宜几乎完全被司法机构所垄断,律师公会被排除在外.就制度渊源而论,北洋时期的律师惩戒制度是对大陆法系中日本制度的借鉴,而有别于德国的相关制度.     

Fund Accounting from the Italian Early Tradition to the U.S. GAAP for Governments

Surprising correspondences emerge from the parallel investigation of fund accounting practices in Italian entities until the late nineteenth century and in the contemporary U.S. public sector. The analysis attempts to interpret similarities and differences in light of dissimilar environmental features, and wonders if the Italian tradition could have some explanatory capability on the U.S. present standards. The “fund” concept and its use are strictly similar; they are founded on information needs for governance and internal control. Contemporary requirements for democracy and transparency, and opportunities coming from modern ICT tools bring U.S. organizations to be accountable to the citizenry.     

“Gendering” European security: policy changes,reform coalitions and opposition in the OSCE

The Organisation for Security and Co-operation in Europe (OSCE) has rarely been considered in scholarship on gender and security, even though it was one of the regional security organisations whose gender policy predated the United Nations Security Council’s call for more international attention to issues related to women, peace and security in October 2000. Based on an analysis of official OSCE documents and on semi-structured interviews, we trace the integration of gender issues in the OSCE and explore the rationale behind and the challenges associated with it. We identify two phases of gender policy change in the OSCE and show how the integration of UNSCR 1325 brought about an expansion of OSCE gender policy from an exclusive focus on “soft” security issues towards increased inclusion of gender in the area of “hard” security. Drawing on historical and feminist institutionalism, we argue that reform coalitions were crucial for the policy changes in the OSCE but that they encountered institutional and ideational barriers, which hampered implementation of the gender policy. In light of rising opposition, our analysis warns of a backlash that might jeopardise current achievements.     

Post-hegemonic regionalism in Oceania: examining the development potential of the new framework for Pacific regionalism

This article explores the early potential of the Framework for Pacific regionalism, a new political process that Pacific nations are using to establish regional development priorities. The emergence of this process is positioned within a context of a desire for a new era of Pacific-led regional development collaboration. The early outcomes of the Framework are outlined and examined. Specifically, the article questions whether it is meeting aspirations for ‘game-changing’ development goals that enjoy greater levels of ‘ownership’ amongst Pacific leaders. It also explores whether the new process canbe seen as evidence of a new era of ‘post-hegemonic’ regionalism in Oceania, characterised by a revitalisation of regional political debate; a rejection of ‘economism’; and the reassertion of indigenous and civil society concerns.     

Islamophobic conspiracism and neoliberal subjectivity: the inassimilable society

O’Donnell analyses the confluence of Islamophobia and anti-government conspiracy theory in the works of the far-right think tank, the Center for Security Policy (CSP). He argues that, rather than only being a contemporary form of the religious and racialized demonologies that code ‘Islam’ as being the constitutive outside of ‘the ‘West—irrational, religious and authoritarian versus rational, secular and democratic—Islamophobic conspiracism should also be examined in the context of anxieties over the erosion of personal and state sovereignty under neoliberalization. Mobilizing an Islamophobic demonology that constructs ‘Muslims’ as inassimilable to ‘American’ subjectivity, the CSP's Islamophobic conspiracism projects this construction of absolute alterity on to American social and state systems. In doing so, O’Donnell contends, Islamophobic conspiracism takes neoliberalization's estrangement of the state and its citizens to its logical conclusion, transfiguring the societal processes that impact on the freedom of the individual—notably the state and civil society—into something inassimilable to that individual's claims to self-ownership and self-mastery.     

Parallel publics? Support for income redistribution in times of economic crisis

This article investigates the dynamics of support for income redistribution in Europe. With European Social Survey data spanning 2006 to 2012, it assesses whether the Great Recession resulted in substantial parallelism or increasing polarisation in preference change across various sub‐publics. After introducing hypotheses based on claims that social groups are affected differently by economic insecurity, the article proceeds in two empirical sections. First, whereas prior research suggests that hard times fuel diverging attitudinal patterns, it is found that income groups, ideological groups and educational groups did not shift differently over time during the first years of the crisis, thus providing strong evidence for the ‘parallel publics’ hypothesis in the European context and in times of economic turmoil. Next, the article addresses the extent to which change in aggregate support for redistribution came from changes in small minorities of the population, supposed to be more responsive to their economic environment. Using multilevel analysis, it is shown that the most educated significantly contributed to the overall change more than the others. As a result, they may have been partly driving the economic mood during the first years of the Great Recession.     

基于综合集成研讨厅的应急警务情报研判

随着社会矛盾的尖锐化,应急警务活动日益频繁。情报研判的准确性在保证应急警务的制胜方面起着重要的作用。本文分析了现阶段应急警务活动中常用的情报采集与研判方式及其优缺点;在介绍综合集成研讨厅模型的基础上,设计了应急警务导入该方法的思路。最后结合当前应急警务队伍的实际状况,分析了引入综合集成研讨厅方法存在的困难,并提出了相应的改进对策。     

民间对日索赔与中国实施外交保护的可行性

基于人权的推动,传统外交保护的国家自由裁量特征开始发生转变。这既是义务限定,也是权利工具。至于民间对日索赔,中国政府无论是在法理基础上,还是在政治基础上,都具备了实施外交保护的可行性。     

故意杀人罪的死刑裁量基准——“丁汉忠案”的文本梳理和法理审视

目前我国有关故意杀人罪中死刑裁量因素的审查难有真切、统一的基准,而在司法实践中对相关刑法条文含义的理解和阐释较为草率;最高人民法院的指导性案例体现的裁判趣旨未得到充分领会;各量刑因素的作用莫衷一是、标准不一,“估堆”量刑的困境萦绕其间,因而须探索故意杀人罪中相对合理的死刑裁量基准。具体而言,须区分各量刑因素的轻重、位阶,建构以责任刑为主、预防刑为辅的死刑裁量基准。至于是否入围死刑圈主要是仰仗责任刑阶段的判断。若责任刑阶段均是从严因素,基本会入围死刑圈的审查。死刑圈内的三种准刑种如何抉择,取决于对行为人的人身危险性判断。在预防刑阶段若均是从宽因素,一般死缓的判决即可满足要求;若从宽因素和从严因素交错,死缓限制减刑的判决基本可满足要求;若只有从严因素,则有判决死刑立即执行的可能。