中国循证矫正的对象、问题与解决方案

中国监狱开展循证矫正,应当依据高危险性、高价值性、高匹配性三原则和多种方法确定对象,运用测试、观察、访谈等多种方法评估矫正对象犯因性缺陷等问题,善于寻找、鉴定和精选最佳证据,在此基础上,结合矫正对象的特点和意愿制定矫正方案,才能确保循证矫正取得良好效果。     

论检察权的配置

检察权的本质属性应界定为检察监督权,只有弄清楚检察权的本质属性,才能明确检察机关的职能定位。检察权的配置问题的研究,应当发轫于国家权力的配置的宏观层面,而落脚在检察内部权力体系的微观层面。检察改革应当遵循司法规律,不宜盲目创新求变。     

Politics and the Price of Rice in Thailand: Public Choice,Institutional Change and Rural Subsidies

Despite the Thai state’s long record of rice market interventions, historically politicians failed to leverage rice subsidies in their pursuit of political support, notwithstanding the large number of farmers in the country. Since Thaksin Shinawatra’s election in 2001, though, each government has subsidised rice producers, although at varying degrees. What explains this change? This article traces the four-decade history of rice price support programmes. It is proposed that these policies be interpreted through the dual lens of institutionalism and public choice theory, demonstrating how political institutions have shaped incentives for politicians to cater to different constituencies. During the pre-1980 period, under authoritarian regimes, Thai leaders applied rice price policies to benefit urban consumers and the government. From 1979 through 2000, following implementation of the block-vote system, rice interventions were used to appeal to voting intermediaries like rice millers, as bargaining chips among competing parties and as stopgap measures to diffuse farmer protests. Since 2001, responding to the electoral system created by the 1997 constitution, politicians have appealed directly to the voting public, seeking broad-based support via subsidies. The analysis highlights the impact that shifting institutional incentives have on politicians’ actions and thus the emergent policies.     

垃圾卫生填埋与北京市垃圾处理构想

城市用卫生填埋方式处理生活垃圾是适宜的。文章介绍北京市垃圾处理状况 ,分析了目前卫生填埋处理垃圾建设经验及存在的一些问题 ,并提出了在北京建设超大规模垃圾卫生填埋场的构想     

我国海外投资保险制度法律关系主体的思考

本文从解析海外投资保险机构设置的立法体例入手,论述了我国海外投资保险机构的设置问题。认为我国应采取“德国式”的立法模式,即海外投资保险审批机构与执行业务机构相分离的立法模式。并对中国人民保险公司是否可作为我国海外投资保险业务的承保机构以及我国自然人及私营企业是否可成为合格投资者进行了论述。     

Techniques in Innovative Policy Making: Example of National Rural Employment Guarantee Act in India

The problem of social ills such as unemployment, poverty, and accelerating pace of rural-urban migration is not only enormous in magnitude, but also complex by nature in developing countries. This article introduces an innovative regulatory approach that addresses the complexity and scale of such problems. An analytical and decision-making model is presented. This model prescribes reflecting on two or more problems simultaneously. Such an approach is expected to create a fresh opportunity for policy makers and scholars in solving problem scenarios, bringing their vantage point to bear on pressing social matters. The model presented in this article is applied to analyze the NREGA or National Rural Employment Guarantee Act, 2005 in India. This Act represents a novel approach to policy-making and demonstrates the positive role governments can play in labor markets. The design, implementation, and promising initial results clearly challenge existing wisdom on how to make effective policy decisions. The framework presented in the article best explains various facets of this remarkable policy and shows how governments can intervene in the labor markets and correct for imperfections. Pioneering future applications to other social and economic challenges are suggested. Also, implications for research and policy are provided.     

原因自由行为探析

本文围绕着原因自由行为之法理的历史发展、体系位置、适用范围、与“同在原则”及完全昏醉罪的关系等问题进行了论述。就我国而言,最优的解决方案就是在刑法总则中设置关于原因自由行为的提示性条款,在分则危害公共安全罪一章中设置完全昏醉罪的条款。     

Digital identity – The legal person?

This paper examines the concept of digital identity which the author asserts is now evident in the United Kingdom as a consequence of the Identity Cards Act (UK) 2006 and the National Identity Scheme it establishes. The nature and functions of the concept, particularly the set of information which constitutes an individual's transactional identity, are examined. The paper then considers the central question of who, or what, is the legal person in a transaction i.e. who or what enters into legal relations. The analysis presents some intriguing results which were almost certainly not envisaged by the legislature. The implications extend beyond the United Kingdom to similar schemes in other jurisdictions, and to countries, like Australia, which may implement such a scheme.     

刑事诉讼本科教学要传播人文精神——以落实“卓越法律人才培养计划”为主的分析

卓越法律人才培养计划中的刑事诉讼本科教学要在批判传统中传播人文精神,要克服有罪推定与单一化的打击犯罪,聚焦人权问题,突出人权保障。人权保障的突出要通过明确人权内涵、区分人权存在状态、凝练人权的基本范畴而在授课中自成系统,要通过选取正反两方面案例材料来印证,要增加必修课课时、增设从历史切入的国外刑事诉讼选修课来落实。     

Implementing EU emissions trading: success or failure?

This article assesses and explains the implementation of the EU emissions trading scheme (EU ETS). It argues that implementation in terms of ambitiousness has been only moderately successful so far, but significant differences between the Member States are also observed. Similarities and differences are then explained within a multi-level governance approach emphasizing the need to search for explanations at national, EU, and global levels. The EU ETS case shows that the multi-level governance approach can be as relevant for understanding implementation as for explaining policy-making. In addition to factors located at the national level, the decentralized nature of the EU scheme itself is important for understanding how the system works in practice. At the global level, the link to the Clean Development Mechanism under the Kyoto Protocol is particularly important for determining how well the EU ETS will perform in the future.