“立法腐败”的界定、危害与规制

我国立法腐败具有非典型性、合理隐蔽性及局域性等特点,立法腐败降低了立法质量,进而影响了法益保护的有效性,整体上可能引起公众对政治合法性秩序不认可的价值判断,从而导致潜在的合法性危机。立法腐败的规制,应着重从立法腐败的特点切入,并借助于密切相关的制度机制。     

司法实践中社区矫正的瓶颈制约及对策——以缓刑的审执为视角

2011年修订的刑法修正案(八)使得社区矫正首次进入刑法规制的范围,并且明确规定社区矫正是管制、缓刑、假释的执行方式。2012年1月10日最高人民法院、最高人民检察院、公安部、司法部也出台了社区矫正实施办法规范社区矫正工作,各地也纷纷制订了社区矫正实施细则等保障社区矫正工作的顺利进行。然而社区矫正在调查评估、居住地的确定及社区矫正的撤销等环节仍存在制约其发展的瓶颈,以缓刑的审执过程中存在的问题为视角,探讨社区矫正在执行中所存在的问题,以促进社区矫正的完善。     

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。     

Judicial decision-making in family court involving children with autism spectrum disorder

The prevalence of autism spectrum disorder (ASD) in children and adolescents has increased over the past decade. Consequently, the courts and experts are more likely to be exposed to these children whose needs are highly heterogeneous. The present study aims to document judicial decision-making about children with autism spectrum as well as the parenting recommendations made by experts involved in these cases. There were 104 court decisions reviewed in Quebec over the past ten years. The results show that 85.6% of the decisions included a child custody assessment and that judges are more likely to order primary care to mother (56%). However, shared parenting (27%) and primary care to the father (17%) were also ordered in disputes involving an autistic child. Bivariate analyses revealed that challenges with parental monitoring and supervision were associated with court-ordered parenting arrangements. The present study revealed that a child custody assessment as well as father custody are more often observed than in the general population. This study highlights the need for further research to shed light on the best interests of children with ASD following the separation of their parents.     

Building a Business Program in Romania: Creating and Sustaining Change

Abstract

This article deals with initiating and implementing change in a Romanian university and the problems with attempting to sustain and maintain the change initiatives. An American university received funding by the US government to assist with developing an industrial business management program at a Romanian university during the 1990s. Nine important program initiatives were proposed and attempted, resulting in changes to the established way of doing things in the Romanian university. Five of the nine initiatives were not sustained. The explanation presented in this article emphasizes that the change leadership must be sensitive and aware of the cultural and psychological factors. The explanation for the success and failures of the change initiatives is developed by examining the American partner understanding of leadership to promote participation and involvement with the Romanian partner. Many of the change initiatives were pushed on the Romanian partner, thus failing to gain commitment and acceptance of the change initiatives. When the American support ceased to support the change efforts, the Romanian partner continued the change efforts, but within the old cultural values system that they understood and could operate with. The conclusion explains the failures in that the Americans pushed too fast without the participation and involvement of the Romanians, thus not gaining any commitment and acceptance for the new change initiatives.     

The regulation of cognitive enhancement devices: refining Maslen et?al.'s model

Our (2014) model for the regulation of cognitive enhancement devices (CEDs) received a great deal of interest from those involved in European device regulation and from academic commentators. Further, since the publication of our recommendations, the number of manufacturers of brain stimulation devices for non-medical purposes has increased, underscoring the need for a regulatory response. In this paper, we clarify aspects of our original proposal and address additional regulatory issues beyond our original focus on the sale of devices. We begin with theoretical points pertaining to the definition of a CED and the distinction between treatment and enhancement. We then respond to practical challenges raised by the prospect of implementing our regulatory framework. Next, we address some wider societal considerations relating to users and other stakeholders. Finally, we revisit the broader regulatory context within which the various discussions are situated.     

Psychometric Properties of the Trauma and Post-Trauma Well-Being Assessment Domains of the North Carolina Family Assessment Scale for General and Reunification Services (NCFAS G+R)

Two new domains of the NCFAS-G+R, trauma and post-trauma well-being, were tested for reliability and validity in relation to previous NCFAS-G+R domains. Three family preservation programs provided case level data on 170 in-home service families over six months. Domains were tested for reliability using Cronbach's alpha, factor structure was explored, and convergent validity was examined through correlations of new scale items with domain ratings on the NCFAS-G+R. Assessment ratings were cross tabulated with practice and outcome variables. Reliability of the new domains was established with Cronbach's alphas of .811 and .905, respectively, factor structure was confirmed, new scale items and domains correlated predictably and significantly with other NCFAS domains. Outcome variables were influenced by trauma assessment ratings. Displaying good psychometric properties, the trauma-focused assessment domains hold promise for assisting child welfare practitioners assess trauma symptomology, and post-trauma well-being following services.     

Types of knowledge utilization of regulatory impact assessments: Evidence from Swiss policymaking

Ex ante policy appraisals, such as Regulatory Impact Assessments (RIAs), are promoted because they are expected to inform decisionmakers and, thus, to lead to better quality regulation. Such instrumental use is not the only possible use of RIAs. Ex ante policy appraisal can affect the policy process in various ways. However, a consolidated theory on the conditions for utilization of RIAs in the policy process has yet to be developed. In order to explore these conditions, we analyze three case studies of Swiss decisionmaking processes and apply concepts from knowledge utilization literature. In conclusion, we find that policy arenas matter more than the institutional context and design of RIA procedures. In line with previous literature, political use seems to be a prevalent type of utilization. Yet we find that, under specific conditions, RIAs also provide a basis for the optimization of policy designs (instrumental use), help improve interagency relations (policy‐process use), and may change how a policy issue is understood (conceptual use).