逮捕条件中的社会危险性问题探究

逮捕的社会危险性条件是刑事诉讼法修改的一项重要内容,是逮捕条件的进一步细化,也是刑事诉讼法尊重和保障人权、保障犯罪嫌疑人合法权益、落实宽严相济刑事司法政策、慎捕等执法理念的重要体现。对于逮捕条件中的社会危险性,应结合案件的证据情况,通过对法条的五项社会危险性规定逐项进行准确把握。     

民事调解检察监督的若干问题思考

民事调解检察监督制度的确立是我国司法体制以及检察监督体制逐步完善迈开的重一步,如何正确有效行使检察监督职能,成为当前不容忽视的课题。文章从民事调解检察监督必性、原则、范围、方式、困境五个方面探讨调解检察监督,以期进一步落实和完善相关法律制度。     

Political Mobilisation,the Poor and Democratisation in Neo-liberal India

Abstract

Globalisation has had far-reaching implications for the dynamics of liberal democracy and governance in India. With the opening of the Indian economy in the 1990s, global market forces and private sector organisations have played an increasingly significant role in the political life of the nation. Given this background, several central questions are addressed. How has globalisation affected the way that state and civil society relations in India are constituted? In particular, what are its political implications for the poor who had previously relied on the services provided by the post-colonial state that carried out significant welfare-orientated functions? The paper argues that the contradictions of globalisation have transformed the dependent identity of the poor and marginalised toward a greater propensity for collective mobilisation. While the longer-term outcomes of such mobilisation remains unclear, the hegemonic position of entrenched elites is more clearly being challenged by the emergence of new agendas of inclusion, welfare rights and social justice appearing under conditions of neo-liberal globalisation.     

Filling the Moral Void: The Christian Right in Singapore

In March 2009 a group of Anglican Pentecostal women took over the Association of Women for Action and Research, a secular women's rights group in Singapore. This sparked an intense month-long public debate over a variety of issues which included the increasing aggression of the “Christian Right,” the secular nature of public space in Singapore, sex education and tolerance for gay communities, culminating in state intervention. While conventional sociological studies have suggested a variety of explanations for the growing presence of Pentecostal Christians in the public sphere, such as religious stratification or their links to party politics, few have examined it within the framework of nation-building. This paper seeks to understand the recent emergence of the “Christian Right” and its exposition on various moral issues within a historical context – a context from which the People's Action Party government successfully arose, in part, due to its self-construction as a moral state, and argues that the post-industrial challenges of globalisation have forced the government to be less morally conservative, resulting in a perceived moral vacuum which certain segments of Pentecostal Christians have felt compelled to fill.     

Ethnic Origins and the Disposition of Delinquents in Israel

Theoretical considerations lead to the hypothesis that the dispositions of juvenile cases affecting Oriental Jews will be harsher than those affecting European Jews in Israel. Further, that Arab juveniles will be dealt with more harshly than will either European or Oriental Jews. Analysis of official delinquency data reveals that this is the tendency. However, the authoritarian structure of the Arab community rather than prejudice explains the difference in handling Jewish or Arabic cases.     

民事法律监督视野中的“先法后检”模式

"先法后检"模式及相关立法造成两次再审,在国家利益和社会公共利益的保护、对恶意诉讼的打击等方面未予以例外规定,拉远了检察院与当事人间的"距离"。为此,检察院应树立科学的执法理念,严格执法,积极与法院合作,确保该模式得以贯彻落实,并取得良好的成效。     

新刑事诉讼法视阈下诱惑侦查的理性运用

诱惑侦查是实践中经常运用的一种侦查方式,由于诱惑侦查没有明确的法律地位以及在实施过程中伴随着侵犯人权的风险,导致诱惑侦查的争议不断。随着新刑事诉讼法的出台,尊重和保障人权作为一条基本原则出现,在诱惑侦查的使用过程中如何平衡惩罚犯罪与保障人权之间的关系成为一大难题。因此,只有根据新刑事诉讼法的相关规定来研究诱惑侦查的法律规制,才能致使诱惑侦查有效打击犯罪的同时又不致侵犯人权。     

Regionalist governance and transnational collective action in Latin America

Abstract

New forms of regionalism are now a central element in global governance. It is sometimes suggested that new regionalism represents an opportunity for transnational civil society activism. I explore this argument through a comparison of processes of collective action in two emerging frames of regionalism governance in the Americas, the FTAA/Summit of the Americas and Mercosur. I show that, while civil society activism has regionalized to some extent in relation to both hemispheric regionalism and sub-regionalism, this process is far more marked in the former. I suggest, further, that the influence of civil society actors in regionalist governance in the Americas is extremely limited. This is due to persistent institutional barriers to inclusion, the practical obstacles for many groups of scaling up to the regional/transnational level and the particular difficulties associated with accessing trade-based negotiations.     

Religion and inter-ethnic violence in Indonesia

Commentators have long struggled to understand state-society relations in Asia within the framework of the dominant liberal-democratic conceptualisation of civil society. This article examines the relevance of Antonio Gramsci's theory of civil society for understanding contemporary Cambodia and Vietnam, with reference to both legal and social frameworks. Such an analysis illuminates important aspects of state-society relations in Southeast Asia that tend to be overlooked by dominant liberal and Marxist perspectives. This article argues, however, that the utility of Gramsci's conception of civil society for understanding state-society relations in Cambodia and Vietnam, by retaining the notion of civil society as a realm associatively separate from the state, is limited.     

The US and the Asian Development Bank: Origins,structure and lending operations

The dominant discourse related to the establishment of the Asian Development Bank revolves around its structure, functions and lending operation. But the self-serving role played by the US during its formative years has been largely neglected. This article focuses on the early years of the Bank (1967–1972) and American efforts to make it a subservient tool of American foreign policy. A close examination of American role and influence within the Bank during its formative stage illustrates how multilateral institutions, funded by rich countries, can be used to force poor nations adopt methods for dealing with their problems, at odds with their own interest.