被害人报警意愿的诉讼法视角分析

刑事被害人学已成为刑事法学界研究的热点，但对被害人报警意愿的研究却是相当匮乏。以刑事诉讼法具体的程序操作层面为分析路径．解读被害人不愿报警的深层法律原因，建立检察机关的起诉政策间接影响警察机关记录活动与被害人报警意愿的双重模式。     

Adoptions Gone Awry: Enhancing Adoption Outcomes Through Postadoption Services and Federal and State Laws Imposing Criminal Sanctions for Private Internet Rehoming

The federal government should invest in adopted children who make up the future of the country and are in dire need of rehabilitation and therapy because of their past circumstances. If the government steps in to rescue vulnerable children from inadequate or abusive birth parents by removal, it should also intervene when adopted families are faced with behavioral problems of adopted children that the adopted parents cannot address on their own. Postadoption services need to be accessible and effective to ensure the success of adopted families. Assisting families in crisis postadoption will lower the instances of dissolution and rehoming and keep adoptive families intact. In cases in which postadoption services fail, uniform federal legislation is necessary to make it a federal crime to advertise children for adoption on the Internet without proper certification and state legislation is required to make it a crime to pass on adopted children to strangers without judicial consent, to dissuade Internet rehoming. Internet rehoming of adopted children should be a serious crime as it is tantamount to child trafficking.© 2014 Association of Family and Conciliation Courts

Key Points for the Family Court Community:
• Postadoption services need to be more accessible and more narrowly tailored to the needs of adoptive families to ensure the success of adoptions.
• Better postadoption services create better adoptive families and adoptive parents will not reach the point of dissolution or private Internet rehoming.
• Adoptive parents should be provided with information regarding all available postadoption resources after adoption is finalized and a government Web site should be created that lists all available resources.
• The federal government needs to provide funding to states that specifically target postadoption services.
• A uniform federal statute is required to punish parties who use Internet forums to avoid government oversight and privately rehome their adopted children.
• States should enact laws that criminalize the unauthorized interstate placements of children.

     

Intimate Partner Violence Victims’ Accuracy in Assessing their Risk of Re-abuse

Using four categories of accuracy (true positive, false positive, true negative, false negative), this study explored (1) how accurately intimate partner violence (IPV) victims are able to assess their risk of re-abuse; and (2) potential predictors of accuracy. Women seeking help for IPV (N = 246) rated the likelihood that they would experience physical re-abuse in the coming year and then reported 18 months later whether those risks had been realized. Victim assessments were more likely to be right than wrong, and were subject to neither a pessimistic nor optimistic bias. In the multivariate analysis, significant/marginally significant predictors of the accuracy categories were the history of violence from this and former partners, level of substance use, PTSD symptoms, and the recency of the violence. Among the more robust findings were the connection between level of stalking and true positives, and between substance use and false negatives. This study suggests that victim assessments have significant potential to inform practice, and deserve further exploration.

政府购买公共服务的成效与反思——以上海市政府购买岗位为例

随着我国地方政府职能的转变,公共产品与服务的供给方式也正在实现从传统的科层制治理向合同制治理的转变。在这一转变过程中,购买服务成为政府服务供给模式的新选择。上海模式的特点在于政府购买岗位,其采用多点推进、由点到面、覆盖社会服务多个领域、多种聘用模式并存的做法,在实践中取得了一定的成效。但是,也存在着政府购买岗位适用范围模糊、在编人员工作效率有待提高、编外人员数量不断增加、所购服务缺乏合理的价位调节机制等值得理性反思的问题。     

Access to Justice and Social Inclusion: The Policy Challenges in Wales

Enhancing access to legal and advice services is a central pillar of the Access to Justice Act 1999. Within the new welfare framework, employment rights come increasingly into focus as the UK government seeks to forge a link between welfare and work. Access to the labour market, and being sustained within it, are seen as major mechanisms for combating social exclusion. Discrimination at work can only thwart these ambitions. The Access to Justice reforms imply an assessment of need and a review of the ways in which individuals are negotiating the available system of redress. This article reports on a study of advice provision in employment discrimination cases in Wales, funded by the Legal Services Commission and the Equality Commissions in Wales. Drawing on the accounts of key providers, individual experiences of advice seeking and available statistical evidence, it explores the opportunities and constraints of the Welsh context and profiles many of the policy challenges posed for the devolved administration. It demonstrates that, despite advances in equalities legislation and policy directives aimed at strengthening people's employment rights, a number of critical obstacles remain for the most disadvantaged groups.     

台湾服务贸易竞争力及影响因素研究——兼论《海峡两岸服务贸易协议》的推进

本文以RCA指数分析了台湾服务贸易国际竞争力,发现台湾服务贸易竞争力疲弱,不仅与美欧发达国家差距很大,而且在“亚洲四小龙”内也处在下游水平;虽然台湾传统服务贸易部门竞争力有所增强,但现代服务贸易部门竞争力却在弱化.本文探讨了岛内市场需求、外部市场需求、人力资本状况、服务业发展、货物贸易发展及服务贸易开放对台湾服务贸易竞争力的影响,认为各因素对台湾服务贸易竞争力的作用各不相同.最后,本文分析了两岸服贸协议对台湾经济的作用,探讨了近期岛内出现的“太阳花学运”反服贸风暴背后的原因,认为台湾既要理性、平和地安抚反服贸民众的热燥情绪,又要加快推进服贸协议,为两岸经济合作突破深水区提供新动能.     

十八大以来我国“放管服”改革的动因、成效、困境及推进策略

党的十八大以来,“放管服”改革已经持续多年,改革力度之大、改革范围之广、改革程度之深,是历次改革中所没有的。这场改革动因主要是推进国家治理体系与治理能力的现代化、应对国际复杂形势及新智能革命带来的挑战、满足人民对美好生活的向往。改革的举措主要有行政审批制度改革、清单制度改革、服务流程再造、证照分离、减税减负、优化服务、监管改革等。通过改革促进营商环境便利化、服务方式智能化、市场监管精准化,有效激发了市场活力,规范了政府权力,化解了市场主体的“堵点”“难点”“痛点”。改革也在制度、监督以及基层积极性等方面存在问题。未来“放管服”改革进一步推进的策略主要包括价值的调适整合、结构的互动整合、机制的协同整合、技术的嵌入整合、执行的配套整合、制度的优化整合等。     

High‐Conflict Divorce: A form of Child Neglect

In high‐conflict divorce cases, the emotional toll on the family unit is unquestionably destructive. While the physical and mental health of the children should be the primary focus, the emotional turmoil of a high‐conflict divorce often moves the focus away from the children as parents struggle emotionally and financially. Although the best interests of the children are always in the judicial purview, the repeated, lengthy, and hostile litigation process often associated with high‐conflict dissolution has lasting effects on the physical and mental health of children, similar to those associated with physical abuse and neglect. Child Protective Services (CPS) must step in and protect the emotional well‐being of children during high‐conflict divorce cases.     

Examining the Shift to Services: Malaysia and China Compared

ABSTRACT

When do countries that pursue industrialisation through the development of their manufacturing sector shift to services? Does the shift take place because manufacturing development has matured with the development of indigenous technology? What is the role of policy in this shift? Understanding this shift is crucial due to the changing nature and role of services in development and its association with deindustrialisation. This article seeks to compare Malaysia and China’s shift from manufacturing to services and the challenges and prospects of such a shift. The main findings indicate that Malaysia’s shift occurred earlier than China’s and was prompted by the failure of its manufacturing sector to deepen as it has not produced any world-class domestic technology firms. China’s more recent shift is associated with on-going upgrading in its manufacturing sector while some global domestic technology firms have also emerged. Both countries used similar policies to drive this shift in response to domestic and external changes. The services sectors of both countries are still dominated by domestic market orientated, labour-intensive services. Developing competitive knowledge-intensive services in both countries will need a reform of their state-owned enterprises and the production of more talents that are needed for these types of services.     

The Rudd Government's Employment Services Agenda: Is it Post‐NPM and Why is that Important?

Perhaps the most potent symbol of the Howard government's faith in New Public Management (NPM) was the Job Network. Interrogating the Rudd government's replacement package, this article assesses whether the recent restructuring of employment services constitutes a post‐NPM environment. It is argued that there are major post‐NPM elements, seen most clearly in: the softening of jobseeker sanctions; greater deliberation on policy direction and results; a more inclusive employment super‐ministry and reliance on other ‘horizontal’ governance reforms; and enhanced government resources for multiple‐disadvantage clients. However, categorising these changes as post‐NPM is problematic because the steering mechanism remains the market‐based contract, a central NPM characteristic. Theoretical difficulties in applying paradigmatic concepts to services provide additional barriers to conclusive assessments, though the Rudd government's employment services regime provides a basis for taking stock in the post‐NPM debate.