我国行政司法监督的弊端与行政法院的建构

行政权在国家权力中是一种最庞大的权力,按照权力制约的原理,就要有与之相应的权力加以制约,为此,除了从立法上控制、程序上规范外,司法监督就是最不可缺少、最重要的制约手段。反观我国的行政司法监督,其弊端已影响到其监督功能的实现,为此,在整个司法体制改革的过程中,应积极借鉴大陆法系的行政司法模式,建立适合我国的行政法院,这不论是从传统上看,还是在现实状况上,都是必要的,也是可行的。     

GENERAL STRAIN,STREET YOUTH AND CRIME: A TEST OF AGNEW'S REVISED THEORY*

Using a sample of homeless street youth, this research examines how specific forms of strain–emotional abuse, physical abuse, sexual abuse, homelessness and being a victim of robbery, violence or theft, relative deprivation, monetary dissatisfaction and unemployment–lead to crime and drug use. It also explores how strain is conditioned by deviant peers, deviant attitudes, external attributions, self‐esteem and self‐efficacy. The results reveal that all ten types of strain examined can lead to criminal behavior either as main effects or when interacting with conditioning variables. The results are discussed in light of general strain theory and suggestions are offered for future research on this topic.     

Latest Trends in French Policy on Drugs

Present French policy with respect to drugs was defined in a government programme ratified at a meeting of the Inter-Ministerial Committee for the Control of Drugs and Drug Abuse, held on September 14, 1995 and headed by the Prime Minister. The present government plan rests on three main lines of action, which will be examined here in their historical context. They are: reinforced control of drug trafficking, expansion of the existing health care and of prevention-related action, plus specific measures aimed at abusers under court supervision. This article draws the picture of past and current drug policy and legislation in France.     

WTO争端解决中的司法克制及其对我国的启示

源于GATT四十多年争端解决实践中的"司法克制"思想,在WTO时代也得以"衣钵继承"并呈现出新的特色.作为GATT /WTO争端解决机制从"外交取向"向"司法取向"演化不可或缺的"重要缓冲"和"润滑剂",它不仅贯穿着GATT /WTO争端解决机制"司法取向"的全过程,而且两者的"博弈共存"对国际贸易争端解决方式不断"机制化"从不同侧面发挥着各自的作用.可以预见,即便WTO争端解决机制演化成国际贸易法院,基于国家主权价值和多边贸易体制的特殊性等原因,"司法克制"思想也绝不会"销声匿迹".我国作为WTO的成员,应从"司法克制"的历史轨迹与现实运作中获得理性启示,籍以善用WTO争端解决机制,为我国的对外贸易保驾护航.     

LC-MS/MS同时分析血液中五种巴比妥类药物

目的建立血液中巴比妥类药物液相色谱-串联质谱(LC-MS/MS)检测方法。方法血液中的巴比妥类药物用有机溶剂液-液萃取,以乙酰水杨酸为内标,LC-MS/MS测定。结果检测血液中五种巴比妥类药物的最小检出限(LOD)均为10ng/mL,线性范围在0.02￣10μg/mL内良好,方法的回收率70%￣87%。结论所建方法快速、灵敏、准确,可以满足临床毒物和法庭毒物分析的需要。     

Predicting pretrial misconduct with drug tests of arrestees: Evidence from eight settings

Identifying defendants at high risk of pretrial misconduct is a major problem for the judiciary. Currently, some have argued that testing arrestees for recent drug use is one way to distinguish between those who will and those who will not commit pretrial misconduct. The research reported here questions whether the incremental predictive power resulting from drug testing always improves predictions of pretrial misconduct. Using survival analysis to study time until rearrest and a probit model to analyze the occurrence of a failure to appear, we show that urine test results have no consistent power to predict pretrial misconduct after accounting for defendant's criminal records, community ties, and other factors commonly known by the court. These results are based on our analysis of eight data sets from different locales, time periods, and age groups.     

Race and sex differences in the measurement of risk for drug use

The study uses data from 2018 Black and White males and females and latent-variable structural equations techniques to examine group differences in the measurement of risk factors for substance use. First, the equivalence of measurement models for four demographic groups is examined separately for 12 risk factors and 2 measures of substance use. Then these 14 measures are correlated with five external criteria to assess measurement validity. Results imply that one measurement model fits the data for 11 of the 12 risk factors. For one risk factor (Peer Drug Modeling) and the two drug use scales, observed group differences in the factor loadings stemmed from differences in the distributions of a few drug-related items which were infrequently endorsed, especially by Black females. No meaningful group difference in the validity coefficients relating the scales to external criteria were observed. The results are optimistic for the study of race and sex differences in the correlates of substance use. But research on group differences in the prediction of rare behaviors should examine group differences in distributions which may effect measurement differently for different groups.     

Drug abuse, crime costs, and the economic benefits of treatment

Several studies have examined the social consequences and costs of criminal activity. The most popular approach for estimating the costs of crime focuses on easily measurable factors such as incarceration costs, victims' out-of-pocket expenses, medical costs, and lost earnings. However, the intangible losses incurred by victims of crime have rarely been considered. These losses include pain and suffering, as well as loss of the enjoyment of living. Based on recent developments by Cohen and colleagues, we adopt a more comprehensive method for estimating the dollar value of avoided criminal activity, taking into account these intangible losses. We demonstrate the feasibility of this method by estimating the pre- and posttreatment costs of criminal activity for a sample of 2420 drug abusers. The estimated crime-related costs incurred during the period prior to treatment admission and the period after treatment discharge are significantly higher when calculated using the proposed method compared to methods that only consider tangible costs. Furthermore, a simple benefit-cost comparison of criminal activity outcomes indicates that drug abuse treatment has the potential to return net benefits to society through crime reduction. Although the treatment outcomes are not based on an experimental design, this study presents quantitative evidence that including victims' intangible losses can substantially raise the estimated dollar benefits of avoided criminal activity due to drug abuse interventions.This paper was prepared while the authors were employed by Research Triangle Institute.     

Swedish Drug Policy: A Successful Model?

The shift in Swedish drug policy since around 1980 towards a more strict model has according to the official point of view been successful by comparison with the earlier, more lenient drug policy. However, available systematic indicators show that the prevalence of drug use has increased since around 1980, that the decrease in drug incidence was particularly marked during the 1970s and that some indicators point towards an increase during the 1990s. The shift towards a more strict policy.     

赴美学术访问考察报告

应美国国务院有关部门的邀请,笔者于去年赴美访问了美国行政司法部门和教育科研机构等40余家单位,就美国有组织犯罪、毒品犯罪、恐怖主义犯罪等问题进行了学术考察。重点访问了美国国务院国际麻醉品和法律执行局、美国国土安全部移民和海关管制局、美国联邦调查局亚洲犯罪处、美国毒品管制局等单位加深了对美国行政司法制度和教育科研机构的了解,增长了理论素养,开阔了学术视野。