侦查阶段律师介入的相关法律问题及其完善

律师介入刑事侦查是现行刑事诉讼法确立的一项诉讼制度。由于立法缺陷及侦查人员认识偏差等原因,司法实践中律师介入侦查困难重重,也带来了一系列负面影响。为此,应对现行律师介入侦查的相关规定进行立法完善,转变观念,依法保障犯罪嫌疑人及律师的权利,并完善相关的监督机制,开辟法律救济渠道。     

Does Terrorism Pay? An Empirical Analysis

Does terrorism help perpetrators to achieve their demands? Few research questions about terrorism generate as much controversy. This study contributes to the debate in two main ways. First, we identify major limitations within the burgeoning literature on the effectiveness of terrorism. Specifically, we highlight the main methodological problems vexing empirical assessments of whether terrorism promotes government concessions. Second, we present a research design that circumvents those recurrent methodological shortcomings. In short, we find no empirical evidence to suggest that terrorism pays. In fact, multiple variants of the tactic in hostage standoffs impede the perpetrators from coercing government compliance. The negative effect of terrorism on the odds of compliance is significant and substantial across logistic and multilevel logistic model specifications, particularly when civilians are killed or wounded in the coercive incident. These findings have important implications for both scholars and practitioners of counterterrorism.     

THE IMPLICATIONS OF ARREST FOR COLLEGE ENROLLMENT: AN ANALYSIS OF LONG‐TERM EFFECTS AND MEDIATING MECHANISMS*

This study draws on labeling theory and education research on the steps to college enrollment to examine 1) whether and for how long arrest reduces the likelihood that high‐school graduates will enroll in postsecondary education and 2) whether any observed relationships are mediated by key steps in the college enrollment process. With 17 years of data from the National Longitudinal Survey of Youth 1997 (NLSY97) and propensity score matching, we derived matched samples of arrested and nonarrested but equivalent youth (N = 1,761) and conducted logistic regression and survival analyses among the matched samples to examine the short‐ and long‐term postsecondary consequences of arrest. The results revealed that arrest reduced the odds of 4‐year college enrollment directly after high school, as well as that high‐school grade point average and advanced coursework accounted for 58 percent of this relationship. The results also revealed that arrest had an enduring impact on 4‐year college attendance that extended into and beyond emerging adulthood. Two‐year college prospects were largely unaffected by arrest. These findings imply that being arrested during high school represents a negative turning point in youths’ educational trajectory that is, in part, a result of having a less competitive college application. Implications are discussed.     

机动车强制责任保险中投保人危险增加通知义务之探讨——以机动车使用性质之变更为例

机动车在使用的过程中风险会发生变化,如改变其使用性质等。当机动车面临的风险增加时,投保人是否有通知保险人的义务,新实施的《机动车交通事故责任强制保险条例》无明文规定。结合我国《保险法》的相关规定,可以认为,投保人仍有危险增加的通知义务;未履行该通知义务的,保险人并不免除赔付责任;保险人在向受害人赔付后有权对投保人进行追偿;在投保人履行了通知义务后,保险人不得解除合同。     

对刑事附带民事诉讼中原告与被告资格的认定

刑事附带民事诉讼兼具刑事诉讼、民事诉讼的特征,这是认定刑事附带民事诉讼的原告和被告资格的基本前提。同时,考虑到民事赔偿的本质,对特殊主体应当具体分析其在案件中所处的情况,进而确定其诉讼地位。     

Kenya's corruption problem: causes and consequences

The culture of corruption has grown roots in Kenyan society at large and become endemic. Institutions, which were designed for the regulation of the relationships between citizens and the State, are being used instead for the personal enrichment of public officials (politicians and bureaucrats) and other corrupt private agents (individuals, groups, and businesses). Corruption persists in Kenya primarily because there are people in power who benefit from it and the existing governance institutions lack both the will and capacity to stop them from doing so. This work takes a governance and development perspective to analytically examine the causes and consequences of corruption in Kenya. It identifies the key factors (such as absence of strong and effective democratic institutions, centralised power, lack of public accountability, and impunity) and synthesises and analyses available data, indicators, and other information in that regard.     

论附随义务

附随义务是一项基于诚实信用原则发展起来的制度,其体现了正义和安全的法律价值。在各国的立法中均体现了附随义务,但是并不完善。我国的附随义务也仍有缺陷,需要在合同法中提高附随义务的地位,扩展附随义务的内容,完善附随义务的救济方式。     

The price that US minority communities pay: mass incarceration and the ideologies that fuel them

Mass incarceration of minorities has generated alarming attention. This concern is a result of the massive social injustice perpetrated by the ideologies that force mental and physical imprisonment on the poor. The outcome of this social injustice generates punitive inequalities that become entrenched in US social experiences. Once incarcerated, an individual carries a permanent label that brands him/her as an eternal ‘criminal’ and deactivates him/her from mainstream society. This translates into exclusion from responsible educational and occupational participation. Disadvantaged members of minority groups caught in this unforgiving social imprisonment often turn to the underground economy, which, unfortunately, increases the possibility of arrest, or re-arrest. The imprisoning ideology that stereotypes the disadvantaged community, leads to increased incarceration, hypersegregation, social abandonment, and creates a theater for venomous law enforcement practices. The impact of mass incarceration and the ideologies that sustain them on disadvantaged minority communities is the focus of this examination.     

The remote securitisation of Islam in the US post-9/11: euphemisation,metaphors and the “logic of expected consequences” in counter-radicalisation discourse

This article critically analyses the securitisation of Islam post-9/11 in the US and argues that this securitisation is a remote securitisation whereby the securitisers – the security practitioners – are placed at a distance from the securitisees – the Muslim community. This is achieved through two processes of security practice: linguistically by euphemising language and using metaphors, and analytically by understanding radicalisation through a rationalist perspective, which follows the “logic of expected consequences”. This article further problematises the rationalist view of radicalisation in the counterterrorism sector in the US and concludes by introducing a Bourdieusan concept of relationality to critical counter-radicalisation studies.