韩国财政预算管理体制考察及启示

财政预算管理体制与政府部门有着千丝万缕的联系,考察分析韩国现行财政预算管理体制应首先从韩国财政机构的构成着手,比较分析中韩两国财政预算在编制、执行、决算等预算环节的异同。这对解决中国目前预算年度与立法机关审议批准时期冲突、预算编制时间短、预算编制机构设置不合理和预算执行进度过慢等问题有借鉴意义。     

Anchoring the Peace: Civil Society Actors in Peace Accords and Durable Peace

Is peace more likely to prevail when the peace accord includes civil society actors such as religious groups, women's organizations, and human rights groups? This is the first statistical study that explores this issue. The article develops key claims in previous research regarding the role of civil society actors and durable peace, and proposes a set of hypotheses that focus on legitimacy in this process. The hypotheses are examined by employing unique data on the inclusion of civil society actors in all peace agreements in the post–Cold War period. The statistical analysis shows that inclusion of civil society actors in the peace settlement increases the durability of peace. The results further demonstrate that peace accords with involvement from civil society actors and political parties in combination are more likely to see peace prevail. The findings also suggest that inclusion of civil society has a particularly profound effect on the prospects for overall peace in nondemocratic societies.     

The politics of foreign debt in Latin America a study of the debtors’ cartel

This analysis of the foreign debt problem in Latin America shows that this economic burden is onerous and will not be reduced in the short run. The region's political leaders perceived that collective bargaining could increase their bargaining leverage with foreign lenders and could produce more advantageous repayment schedules for most nations. However, despite verbal backing and the economic promise of collective bargaining, a debtors’ cartel failed to materialize. Evaluations of the political dynamics in key nations anticipated creditors. This analysis also shows that the debtors’ cartel failed because collective bargaining did not gain domestic political support. Foreign influence was tangential to the outcome. Given this political climate, the chances for a revival of collective bargaining are very slim.     

Mentally ill offenders eligible for diversion at local court in New South Wales (NSW), Australia: factors associated with initially successful diversion

Diversion away from the criminal justice system and into mental health treatment services is a key strategy for addressing the well-established burden of mental illness suffered by those presenting to court. While mental health courts, court liaison and court diversion services have been developed in many jurisdictions internationally, there is limited research evidence to support their effectiveness in identifying those with mental health need and achieving successful diversion. The Statewide Community and Court Liaison Service in New South Wales, Australia, identifies mentally ill offenders likely to meet legal eligibility criteria for diversion at the busiest local courts across the state. Utilising data collected by mental health clinicians working in the service, 8317 individuals were identified as being eligible for court diversion on at least one occasion during the study period (1 July 2008 and the 30 June 2015) and 57.3% were subsequently diverted by Magistrates. Successful diversion at this first step was associated with being female, older, of non-Aboriginal and/or Torres Strait Islander background, and having a serious mental illness, replicated when stratified by sex and by Aboriginal and/or Torres Strait Islander background. There may be barriers to mental health diversion at court for individuals with particular socio-demographic characteristics which future service developments may need to take into account.     

认罪认罚从宽与台湾地区刑事协商之比较研究

我国台湾地区在接受"改良式当事人进行主义"后,又于2004年4月引进了刑事协商程序。大陆地区当前试点之认罪认罚从宽制度与我国台湾地区刑事协商程序在适用范围、当事人权利保障及具体程序运作等方面存在差异。对于认罪认罚从宽制度而言,刑事协商程序有可借鉴之处,但更要总结其经验教训。为避免出现理论根基不稳、实践效果不彰的现象,认罪认罚从宽制度应当充分调动控辩双方积极性、强化对犯罪嫌疑人及被告人的认罪自愿性审查、明确值班律师的定位。     

公民健康权利与义务立法研究——兼评《基本医疗卫生与健康促进法(草案)》第2章

综观世界各国的立法实践,公民健康权利与义务大致呈现出单独式、专章或专节式、分散式三种立法模式。在立法内容上各国更为侧重确立和保护公民健康权利,对公民健康义务的规定则相对粗疏简略,除医疗服务获得权、知情同意权、隐私权与尊重医务人员及他人的义务、支付医疗费用的义务等部分权利、义务类型没有较大争议之外,各国均保有较大的差异性。我国应当系统整理现有医疗卫生立法及其他相关法律文件,将公民健康权利与义务协调规定在未来的民法典和"基本医疗卫生与健康促进法"之中,同时借鉴国外的先进经验,增设投诉权、病历查阅权和复制权以及爱惜健康、支付医疗费用、遵守医疗机构规章制度等权利与义务,并对儿童等特殊群体提供特别保护。     

Evidence collection in the German, American and Chinese legal systems: A comparative analysis

After comparing different procedures of evidence collection in the German, American and Chinese legal systems, the author analyzes the reasons behind the differences: Each system is determined by its specific social culture and is compatible with the construction of the civil procedures of its own. Based on China’s specific social culture and its system of civil procedure law, the German style of evidence collection is in a better position to provide guidance for China in pursuit of justice.     

Impacts of the internet on traditional jurisdictional principles in international civil and commercial cases

Started as an undefined US military project to the current global network, the Internet has been developing and improved at an amazing speed, which also brought out enormous challenges to the traditional way of life worldwide. By analyzing the features of the Internet, this paper reveals the impacts of the Internet on jurisdictional principles applied in traditional international civil and commercial cases and aims to apply traditional rules under the new environment of the Internet. In addition, by referring to the international uniform legislation and from the US judicial theories and practices, this paper also brings out reflections and suggestions regarding this issue.     

The Impact of AIDS on the Botswana Civil Service: A Case Study of the Police and Prison Services

That HIV/AIDS has had an enormous impact on southern Africa in general, and in Botswana in particular, is not in doubt. Numerous studies have documented certain aspects of the problem—high HIV prevalence rates, increasing numbers of orphans and vulnerable children, declining average life expectancy, and a high number of deaths among adults during their most productive years. Scholars have engaged in speculation about the possible impacts that this disease might have on social relationships, economic growth and development, and governance in both the near and the long terms. But these studies are only forecasts of possible futures, not data driven analyses. This study closely examines data available from two agencies in the Botswana civil service, the police and prisons services in an effort to assess, albeit indirectly, any impact that the HIV/AIDS crisis may have had on the workforce. Although the AIDS epidemic in the country as a whole was reflected in the experience of these services, neither agency suffered the devastating effects some feared.