论行政执法程序抗辩权的概念

学界关于行政执法程序抗辩权概念的诸观点具有一定的启发与借鉴意义,但也呈现出些许缺憾。文章通过对现有概念的反思与扬弃,重构了行政执法程序抗辨权的内涵,展现了行政执法程序抗辩权的外延,并阐明了行政执法程序抗辩权与行政执法程序抵抗权及行政诉讼辩论权等相关范畴的界限。     

现代英国家事案件审判体制的变迁及其启示

英国家事案件审判体制的变革顺应了社会发展,反映了民众呼声,从最初由宗教法院审理离婚案件发展到20世纪末建立完整的三级家事案件审判体制,即家事程序法院——治安法院中由家庭问题专家开庭审理案件;郡法院;高等法院家事法庭。英国家事案件审判体制变迁的司法理念包括建立专门的家事法庭;设立专门的保护儿童权利的机构;重视和解和调解工作。对我国未来司法体系变革的启示是：建立专门的家事合议庭;建立配套的儿童保护机构;完善家事纠纷中的法院调解。     

略论民法典总则的内容构造

以《德国民法典》为代表的采总则——分则结构的各国民法典中,民法总则的内容大同小异。在借鉴国外立法经验、吸收当代民法研究成果的基础上,我国民法典总则的内容应包括：（1）一般规定;（2）权利主体;（3）权利客体;（4）法律事实;（5）权利保护。在民法典总则中,不宜设取得时效和民事责任的一般规定。     

社会舆情与刑法运作互动问题研究

随着信息传播的便利,社会舆情可以对刑事裁判的整个过程产生影响。在社会舆情和刑事司法发生冲突的案件中,社会舆情"屡战屡胜",表面上看好似是"公意的胜利",而实质上依然是"正义的胜利"。因为被推翻的刑事判决本身,在法律依据、诉讼程序、定案证据等方面存在各种各样的瑕疵或错误。为了实现刑事司法的公众认同,维护刑事司法的权威性,刑事司法应当做到三点:坚守刑事司法的正当性;加强判决书说理;增强对社会公意的理解。     

2011年菲律宾经济、政治与外交形势回顾

2011年的菲律宾,经济总体表现不如预期;在国内政治方面,政府三权之间冲突不断引发宪政危机。此外,政府与国内分裂势力之间的谈判进展也不顺利,和解之路依然任重道远。外交方面,对外关系处于急剧变动时期,菲中关系喜忧参半,菲美、菲日关系急剧升温。     

Rapid in situ repeatable analysis of drugs in powder form using reflectance near-infrared spectroscopy and multivariate calibration

This study takes the first step toward in situ analysis of powder drugs which does not require any alteration of the samples. A fast, inexpensive analytical method based on reflectance near-infrared (NIR) spectrometry and multivariate calibration was applied. A diode-array fiber-optic portable spectrometer in the 900-1700 nm range was employed. Samples were laboratory-prepared ternary powders (diacetylmorphine, caffeine, and paracetamol). Partial least squares regression was applied. The choice of the standard samples for calibration and validation was performed through a D-optimal experimental design. The explained variance was higher than 90%, and the relative root mean square errors were <2%. The number of principal components (6) was very low when compared with the number of raw variables (356 absorbance values). Response plots showed slopes and intercepts were very close to optimal values. Correlation coefficients ranged between 0.909 and 0.989. The method here proposed proved to be competitive with Fourier transform NIR spectrometry.     

Unaccountable: The Current State of Private Military and Security Companies

Abstract

The current accountability system for private military and security contractors (PMSCs) is woefully inadequate, and mere enhancements in oversight cannot hope to remedy that failing. I contend that once we recognize the kind of accountability required of PMSCs, we will realize that radical changes in the foundational relationship between PMSCs and the state are required. More specifically, in order to be appropriately accountable, members of PMSCs must become a part of or, at the very least, directly responsible to the legitimate authoritative military or police structures, and there must be a clear and precise delineation of responsibility among public officials for holding individual members of PMSCs criminally liable.     

Police Officers on Drug Corners in Philadelphia,Drug Crime,and Violent Crime: Intended,Diffusion, and Displacement Impacts

On May 1, 2002, the Philadelphia Police Department launched Operation Safe Streets, stationing officers at 214 of the highest drug activity locations in the city 24 hours a day, 7 days a week. Interrupted time series (AutoRegressive Integrated Moving Average) models on weekly data isolated citywide and local program impacts on all violent crimes, murder, and reported drug crimes. Results showed no significant impacts on citywide weekly counts for drug crimes, homicides, or all violent crimes. Geographically focused analyses showed significant localized intervention impacts for both violent and drug crimes. Analyses of high‐drug‐activity non‐intervention sites suggest: the program impacts seen were not an artifact of history or local history; significant spatial diffusion of preventive benefits for violent crime; and probably significant spatial displacement for drug crime. Stationary targeted drug‐enforcement interventions like Operation Safe Streets may differentially affect the locational selection processes behind violent crime versus drug crime.     

From the Officer’s Perspective: A Multilevel Examination of Citizens’ Demeanor during Traffic Stops

Over the past 60 years, a substantial body of research has considered the influence of citizens’ demeanor on police behavior; and more recently, the correlates of citizens’ demeanor. This study advances our understanding of the demeanor construct by measuring officers’ perceptions of citizens’ disrespect, non‐compliance, and resistance during traffic stops. Using multilevel statistical models, we examine the correlates of citizens’ demeanor and assess the racial differences in these perceptions. The findings demonstrate that officers’ perceptions of citizens’ demeanor vary across racial/ethnic groups, after controlling for other relevant factors. Although White officers were significantly more likely than Black officers to classify drivers as disrespectful, Black and White officers were equally likely to report drivers as displaying behaviors that were non‐compliant and/or verbally resistant. Black drivers were significantly more likely to be reported as disrespectful, non‐compliant, and/or resistant, regardless of the officers’ race. The implications for future research and policy are discussed.     

A Stone’s Throw from the Metropolis: Re-Examining Small-Agency Homeland Security Practices

Police agencies nationwide have enhanced their homeland security preparedness capacity since the 9/11 attacks. Evidence suggests that departments have not uniformly adopted measures to prepare for and respond to critical incidents. Rather, larger agencies are more likely than their smaller peers to take such steps. Small agencies do not constitute a homogenous group; some experience geographic isolation while others are near major metropolitan areas. Unclear is whether small agencies (25 or fewer full-time sworn personnel), those that are commonly found to be less prepared, benefit from proximity to large-agency peers. This study examined whether physical and relational proximity to large departments contributed to homeland security preparedness in over 300 small departments. A structural equation model revealed that interactions with large agencies facilitated preparedness but physical proximity had no direct effect. Increasing geographic isolation from large-agency peers indirectly affected preparedness by stifling the level of inter-department interactions.