论刑事禁止令的性质、适用原则及法律后果

禁止令是指强令管制犯或者缓刑犯在一定期限内不得实施某种行为的一种法定不作为义务。管制禁止令具有限制人身自由的特性,缓刑禁止令具有与监禁刑关联的属性。禁止令适用的基本原则有必要性原则和实用性原则,后者包含关联性、可行性和不得重复禁止等三层意思。管制禁止令的法律后果与缓刑禁止令的法律后果不可相提并论。对管制禁止令的违反是对刑罚执行义务的违反和抗拒改造的表现,不属于犯罪行为,故不可能引起刑罚后果;对缓刑禁止令的违反,表明不执行原判监禁刑的法定条件消失,从而引起执行原判刑罚的后果。     

动态社会环境下街面治安防控与应急处置研究

为了有效驾驭街面动态治安局势,提高应急处置能力,公安机关应当建立与健全街面犯罪“人、物”动态管控机制,优化警务勤务模式,加强指挥中心龙头和核心地位,强化信息和科技支撑,这是推进现代警务机制建设的必然要求,也是取得最佳警务效益的有效策略。     

The Tragedy of Liberal Diplomacy: Democratization,Intervention, Statebuilding (Part II)

Abstract

The first part of this paper (in the previous issue) showed that the democracy promotion policies often perceived as characteristic of the New World Order are not so new. Rather, they were an integral part of the modernization theories and policies of the Cold War era. This second part of the paper shows that the democracy transition paradigm is based on precisely the same liberal assumptions as its predecessor and that, like the former, its theories and policies have widely been identified as failing. This failure leads to interventionist and statebuilding policies which in turn trigger resistances in target countries; a pattern already familiar from the Cold War period. We are confronted, thus, neither with a new world order nor with the end of history but rather with its repetition. And this repetitive cycle of counterproductive theories and policies, the paper concludes, will continue for as long as the liberal ideology underpinning it remains essentially unchallenged.     

“Behave Like Enraged Lions”: Civil Militias,the Army and the Criminalisation of Politics in Indonesia

Since the end of the authoritarian New Order regime in May 1998, Indonesia has embarked upon a difficult journey towards democracy. One of the key questions raised by the rise of social and political violence in both Java and the Outer Islands since President Suharto's resignation from power is that of the wearing away of the state's monopoly of the means of violence and of its legitimate uses. But the process of the criminalisation of both state agencies and political parties is much older than one would have it. It begun during the late colonial period and gained momentum during the war of independence, in the late 1940s, when army units had to engage in extortion and smuggling to cater for soldiers' needs. Under the New Order, this beam of relationships between the police, the army and criminal gangs was given an official recognition of some sort, hence quasi-legal protection, through the creation of the “System for the Protection of the Environment” (Siskamling). This “system” enabled many petty criminals from the red light districts to join civil and para-military militias and even, at times, to enter public administration. Post-Suharto Indonesia inherited these criminalised “grey areas” between state agencies and the underworld, where one would find numerous masters of violence – people for whom violence is both a way of life and a way of making a living.     

Birth order and youth delinquent behaviour testing the differential parental control hypothesis in a french representative sample

Studies on delinquent behaviour have frequently shown that firstborn children are less involved in delinquency than middle-born children. We suggest that differential parental control of the children depending on their ordinal position might account for this phenomenon. The study, carried out with a French representative sample (n=1129), indicated that firstborns were more supervised than middle-borns. Firstborns reported less minor offences and serious offences than middle-born children. However, when sibship size and parental supervision were controlled in a subsequent analysis of covariance, the effect of ordinal position on serious offences disappeared, whereas the birth-order effect on minor offences declined but remained significant. It is concluded that ordinal position plays a moderate role in delinquent behaviour and that this effect is partly induced by differential parental control.     

和谐与秩序: 亲属拒证权的理论之维简

刑事诉讼中赋予犯罪嫌疑人、被告人的亲属以拒证权是程序正义的内在要求,也是我国法律文化的优良传统与现代世界各国诉讼立法的普遍做法,但由于历史、政治等原因亲属拒证权一直未见于我国现行的刑事诉讼法。可以通过对东西方容隐法制的比较与分析,抽象出两者共通的和谐与秩序的价值追求,以期为当今中国建立起符合实际的亲属拒证权规则提供可资参评的理论支撑与根本理念。     

Political Trust and Distrust in Switzerland: A Normative Analysis

Abstract: Based on data from a Swiss survey study (N = 769), this research investigated individual‐level determinants of trust in political authorities from a social psychological perspective. The study demonstrates that individuals with a low level of education who feel materially at risk and politically powerlessness expressed the lowest levels of political trust. This relationship was explained with differential endorsement of normative beliefs. A mediation analysis reveals that normative perceptions of Swiss society as being threatened by immorality and growing social inequalities accounted for the effect of perceived material risk on political distrust. The rejection of a duty‐based citizenship norm (voting), in turn, mediated the impact of political powerlessness on distrust. Political orientation was unrelated to political trust. These findings illustrate the cognitive underpinnings of political alienation and suggest that perceived lack of political agency and perceived risk of social declassification are key factors in understanding political distrust.