警察干预家暴的立足点

警察执法的精髓是以国家强力抑制罪恶,保护人追求公平、正义的天性。警察面对家暴无从下手的原因在于:警察对介入家暴的执法理念不明确,机构设置与现实需要有差距,缺乏有效的对策和方法。正确的理念才能产生正确的理论,以指导正确的实践,做正确的事,乃实现"和谐"最简便的途径。应思考警察执法行为的限度,有明确的执法理念,设置相应的机构,采取切实可行的对策,这是警察干预家暴的必要保障,也是支撑这项警务的立足点。     

The online stolen data market: disruption and intervention approaches

This article brings a new taxonomy and collation of intervention and disruption methods that can be applied to the online stolen data market. These online marketplaces are used to buy and sell identity and financial information, as well as the products and services that enable this economy. This article combines research findings from computer science with criminology to provide a multidisciplinary approach to crimes committed with the use of technology.     

A ‘double edged sword’: discretion and compulsion in policing domestic violence

Policing domestic violence is a complex area in which there are divergent views about the extent to which front line police action should be mandated by legislation and guidance. This study set in Victoria, Australia raised questions about the balance between discretion and compulsion in policing domestic violence through researching the implementation of the Code of Practice used to respond to domestic violence incidents. The project team interrogated aggregate data from the police database on family violence and also interviewed 125 police members (60 sergeants and 65 constables) to explore the attitudes to the Code of Practice and policing domestic violence. The findings reveal that discretion within a range of options is circumscribed. Variable understandings of the nature of domestic violence and the role of risk assessment and management suggest that constrained and guided discretion may be required to achieve optimum effectiveness in policing responses to domestic violence.     

The Structure of Negotiation: Lessons from El Salvador for Contemporary Conflict Resolution

During more than a decade of violent conflict (1980–1992) involving the military, rebel forces, and paramilitary "death squads," El Salvador suffered some 75,000 casualties, mostly civilians. After three years of negotiations, the government and the largest rebel group signed a historic comprehensive peace accord that brought an end to the war and instituted wide-reaching political and social reforms. This agreement, and the peace process that produced it, has been widely hailed as a successful example of a negotiated end to civil war. In order to understand the conditions that led to the 1992 Chapultepec Peace Accords ending the war, this article tests ripeness theory in the context of the Salvadoran peace process.
This article affirms the validity of theories of ripeness and the mutually hurting stalemate as structural explanations for the initiation of dialogue and notes the role of "indicators of ripeness" in forcing the parties to recognize a hurting stalemate that may already exist. It also proposes several hypothesized explanations for the effectiveness of the Salvadoran negotiations themselves. These explanations include the presence of strong, empowered policy entrepreneurs on both sides with the political will and capability to make credible commitments; the combination of internal and external pressure for a negotiated solution that raised the cost of defection; and the active involvement, based on consent of both parties, of a neutral, empowered, and credible mediator who provided both technical assistance and vigilance to move the process forward. After analyzing the Salvadoran case through this theoretical lens, the article applies the same concepts to contemporary conflict cases such as Iraq and Colombia, discussing how the lessons learned in El Salvador do and do not provide instructive guidance for managing civil conflicts today.     

诉侦体制改革探析

修正后的刑事诉讼法确立的庭审方式 ,出现了明显的当事人化的趋势 ,这种角色的配置 ,加重了检察官承担的举证责任。现行的侦查、起诉、审判块状的各处独立的体制 ,致使检察机关在同为指控一方中 ,对公安机关侦查活动的合法性、证据取得的有效性和充分程度上的制约力明显不足。诉侦体制改革在提高诉讼效益的同时 ,更要注重检察机关与侦查部门的相互配合与制约。     

论党的先进性的本质及其本质要求

党的先进性是指政党这样一种政治集团所具有的先进性特征,是一个政党能够走在社会发展前列、带领社会前进并为全社会作出榜样和表率的性质、素养和能力。党的先进性的本质在于"站在时代前列"。站在时代前列,在先进的政党所具有的多方面特征和性质中,在党的先进性所展示的一系列性能、性状中,最为根本,最为重要。党的先进性的本质要求是时代性、创新性和与时俱进。     

A rise of state activism in a competitive industry: The case of Russian retail trade law of 2009

The paper is aimed at exploring the Russian state return to the highly competitive industry of retail trade by adopting restrictive industry-specific legislation in 2009. We reveal a new precedent model of governance using the liberal rhetoric of the competition protection to justify intervention in interfirm contractual relations. We use survey data collected from 843 retailers and suppliers in 2013 to demonstrate that the new legislation had not achieved the proclaimed goals. The paper concludes that instead of market facilitation, the new state activism leads to the further suppression of business and the subversion of antimonopoly policy.     

Perceptions of Harm,Criminality, and Law Enforcement Response: Comparing Violence by Men Against Women and Violence by Women Against Men

The authors compare third-party evaluations of male violence against women and female violence against men with regard to perceived injury severity, criminal labeling, and recommending police contact. They determine if victim–offender gender directly influences third-party perceptions of injury, and test whether injury mediates victim–offender gender effects on assessments. Injury perception mediated but could not fully explain differences in labeling. Differences in police contact support remained significant after taking injury perceptions into account. Male and female respondents differed in injury evaluations in acts with male victims or female perpetrators, but not in injury rating of male perpetrator or female victim violence. Findings suggest gender stereotypes directly and indirectly influence third-party observers of violence, shaping assessments of injury and ability or willingness to criminalize violence.     

Curbing the royal prerogative to use military force: the British House of Commons and the conflicts in Libya and Syria

Abstract

To what extent does political practice under the British Conservative-Liberal Democrat coalition (2010–2015) reflect a ‘parliamentary prerogative’? From a formal-institutional point of view one should not expect substantial parliamentary influence in Britain. Yet recent developments suggest the emergence of a new convention. Examining parliamentary debates during the run-up to the votes on Libya and Syria, this contribution shows that the scope and contents of this convention remain contested. Specifically, there is disagreement about the kind of operations that ought to be exempt from the rule, questions of parliamentary procedure that favour the executive and, crucially, the proper timing of substantive votes. Nonetheless, parliament has emerged from the vote on Syria as an informal veto player on decisions regarding war involvement. However, whether MPs will exercise their veto power in prospective cases will depend on the preference distribution in the legislature and the nature of the proposed deployment.     

India and the responsibility to protect

‘Responsibility to protect’ (R2P) is an ‘emerging norm’ of international relations, which has been invoked with the intervention in Libya in 2011. Even though this intervention was demanded by several Third World countries and organisations, these have subsequently had second thoughts about the matter and have come to regard R2P as Western neo-imperialism. This article seeks to explain this apparent paradox, with a special focus on India. It also identifies possible compromises by advocating a broader approach to R2P, stressing the responsibility to prevent and to rebuild. It also draws attention to ‘R2P lite’, including the protection of civilians in armed conflicts.