城乡统筹发展内涵及评价指标体系建立研究

该文从城乡统筹概念内涵角度出发,在构建城乡统筹发展定量指标指导原则下提出,城乡统筹评价指标体系应该由城乡协调度和城乡特色度两部分构成,其中城乡协调度包括政治统筹发展、社会统筹发展、经济统筹发展及环境统筹发展四个方面。该文认为城乡统筹是缩小城乡差距,并不是消灭城乡差别,城乡统筹的结果应是城乡各具特色,优势互补。     

非传统刑事司法的模式化定位

非传统刑事司法通过伴随定罪量刑过程的附加性措施,主动谋求执行符合犯罪人个别化要求的处遇、维护被害人权利、保障社会安全稳定。如果没有进行司法成本初次投资的勇气以及持续性成本跟进的实力,可能难以经受治疗性司法的成本耗费风险。恢复性司法属于报应性司法与矫正性司法利弊权衡后的整合形式。评估性司法的分析依据、方法、结果都是个体化的,其建议的刑事处遇能够针对犯罪人的具体情况实现富有效率且思路一致的再犯控制与犯罪预防。     

建立我国上市公司业绩评价体系和财务预警体系的构想

上市公司作为我国企业群体中的“精英”,其释放的“标杆效应”极为明显。通过对上市公司的适当评价,不仅可以为投资者提供一个较为真实的投资对象,而且对于中国资本市场的稳定、健康发展具有重要的意义。     

A Preliminary Report of Psychiatric Diagnoses in a Scottish County Sample of Persons of National Security Concern

Increasing anecdotal, empirical, and research evidence indicates mental disorder history is one of the several factors associated with increased risk of involvement in lone-actor terrorist activities. Currently, few studies have been conducted on the mental disorder histories of individuals assessed as at risk of involvement in terrorist activities (Meloy, J Threat Assess Manag 2019;6:93). This pilot study describes demographic, psychiatric, and criminal characteristics of a sample of Scottish individuals identified by the Prevent element of the U.K. national counterterrorism strategy, and outcome data after follow-up at 2 years. Twenty-three individuals were referred to Prevent as posing a national security risk from a county in Scotland. Their records were studied for psychiatric and criminal histories. Nine (39%) had previous psychiatric contact, all were “lone actors”, and none were embedded with organized terrorist groups. The most common diagnoses were substance use disorder, personality disorder, depression, and psychotic disorder. The sample displayed factors associated with increased risk of violence including previous offending, early behavioral difficulties, school problems, substance misuse, cluster B personality disordered traits. After 2 years, 44% of the mentally disordered group had re-offended. The offense types were generally similar to those prior to the individual being involved with the Prevent counter terrorism program. Only one of the mentally disordered group committed a further national security offense. In this sample, mental disorder history is overrepresented in individuals who come to the attention of the U.K. Prevent counter terrorism strategy. Further empirical studies with additional power are required to develop the empirical evidence base in this under-researched area.     

法院如何审查土地开发者负担政策——基于美国法的判例梳理

伴随着都市化进程的加速,为了满足日益加重的公共建设任务,美国法中的开发者负担制度,作为将公共建设任务转移至私人开发主体的规制政策模式于20世纪中后期在地方各州层面开始大量出现。各州法院针对开发者负担制度形成了三种不同的形式化审查标准,亦即"合理关系"标准、"特定且唯一原因"标准以及"理性关联"标准,这些司法审查标准之间存在显著差异,形成了司法审查的地方主义特色。联邦最高法院提出的"根本关联"与"大致合比例"的司法审查标准,非但没有就此统一地方层面殊异的审查标准,反而使得开发者负担制度的合法性审查更加复杂化。20世纪90年代各州大规模的影响费立法,吸收了各州法院司法审查的特殊标准,体现了司法过程对规制政策的影响;同时,影响费立法中咨询委员会等程序装置,也鲜明反映了现代规制国家的制度特征。     

论基层信访考核指标体系的设定

信访考核指标是社会指标的一种,设定信访考核指标只有遵行一定的要求才能实现指标的功能。就当前基层政府信访考核的指标设定来看,这些指标并没有遵守指标设定的一些基本要求。基层信访考核指标设定的原则主要有指标符合信访价值取向、根据结果的性质设定指标、指标设定与考核目标的一致以及考核指标的范围包括源与流等等。在这些原则的基础上基层信访考核应当重新设定,即围绕着依法行政、立案、办理程序以及三级终结这四个关键指标设定。从而实现信访能够化解矛盾、维护法律秩序稳定等结果。     

Assessing engagement skills in public child welfare using OSCE: a pilot study

A two-station (scenario) Objective Structured Clinical Examination (OSCE) was developed and tested for validity and reliability for assessing social work engagement skills in public child welfare. The simulated scenario was designed to allow for demonstration of skill with an involuntary adolescent and parent presenting as resistant. Independent raters assessed participants comprised of BSW students, MSW students, and experienced public child protection social workers (n = 17, station one, n = 16 station two). Scales demonstrated high internal consistency, inter-rater reliability, and initial discriminate groups validity. Findings suggest a promising approach for directly assessing social worker skill in engagement of clients. Implications for use of OSCE in child welfare are discussed.     

监狱内部工作风险评估探析简

监狱在对社会风险进行化解和管控的同时，其自身内部也面临着比其他机构更多的风险，监狱内部工作风险具有复合性、潜在性、多发性特点，其风险源主要源于监狱警察、罪犯、监狱制度及监狱环境。监狱内部工作风险可以通过常规经验、内部工作流程、风险事件等指标予以识别，在此前提下采取定量与定性相结合，定性为主而定量为辅的方法进行评估。     

Authentic assessment in contract law: legal drafting

Legal drafting is a vital skill for lawyers and thus it is important for law students to be exposed to drafting throughout their degree. One of the first year courses most suited to this exercise is contract law. This paper discusses the inclusion of a drafting exercise as part of the contract law assessment over four years in terms of the authenticity of the assessment task and feedback from students about the exercise. A sample exercise is included in the paper. These exercises required students to draft clauses to be inserted into a contract or draft a short contract and this work demonstrated an application of the material being covered in class. Initially, this assessment was set as a largely independent exercise with students being directed to relevant resources. It was found that additional scaffolding was needed and each year more extensive resources were provided. Although the students who participated in the survey were predominantly students who had passed the course, the majority each year believed that it was a useful exercise, of value for their future careers and of more practical relevance than other forms of assessment.     

Caught in the Act: States Doing Some Things Right in Juvenile Justice

Bashing of juvenile justice systems in the United States is commonplace. We wondered if this is justified. As a product of our everyday practice and academic assessment, this article draws attention to salutary developments on several fronts, including reduced confinement, systematic assessment of child risks and needs, including use of structured decision‐making tools, evidence based services, and construction of comprehensive service plans. Our goal is to draw attention to best practices such as these that can lead to further advancements in juvenile justice systems.