我国检警关系的现状与重构

在我国,检警追诉犯罪职责的一致性决定了检警之间的合作关系,检察官的法律监督的职能决定了检警之间的监督关系。从理论上看,刑诉法对这二者关系的规定存在值得商榷的地方,从司法实践来看,这种合作与监督的关系相处得并不理想。因此,如何在现有检警机制下解决好二者之间的合作与监督关系,是一个值得探讨的问题。     

THE POLITICS OF RESEARCH: THE USE,ABUSE, AND MISUSE OF SOCIAL SCIENCE DATA—THE CASES OF INTIMATE PARTNER VIOLENCE

This article examines the issue of how research is utilized, abused, and misused in policy and practice in the area of intimate partner violence (IPV). The article reviews and critically analyzes facts set forth for the purpose of claiming that IPV is a significant social problem and finds that many of these facts lack empirical support. The lack of evidence that supports theoretical explanations for IPV and recommended interventions hinders the ability to adequately respond to the problem of IPV.     

乡(镇)村关系视阈中“村务公开”的困境及其破解路径

“村务公开”面临着许多现实问题,这些问题的根源在于基层社会乡村(镇)关系的矛盾和冲突,表现在基层权力体制、基层民主和乡(镇)村财政体制以及传统的“乡土文化”对“村务公开”的影响。破解“村务公开”的困境在于扩大基层民主自治范围和层次,建立乡(镇)民委员会的自治组织,进行“乡镇社区”治理。     

Quiet Casualties: An Analysis of U Non-Immigrant Status of Undocumented Immigrant Victims of Intimate Partner Violence

Although immigration policy is a key component of public administration scholarship in the United States, research into Intimate Partner Violence (IPV) for both documented and particularly undocumented immigrants has been tangential in focus. This exploratory study questions 1. the effect of immigration reform on U.S. undocumented immigrant women of IPV and

2. how changes in the number of undocumented immigrants affect IPV victimization rates and the regulations concerning U non-immigrant status.

A least-square trend line suggests that the 10,000 U visa applications permitted annually will not cover the undocumented female population of IPV let alone the victims qualified under the U non-immigrant status. Based on a review of the laws and policies regarding the U-Visa we provide several recommendations to reform immigration laws directed toward immigrant victims of IPV. This study adds to the growing, but still weak body of knowledge on abused immigrant female populations in the United States and how federal legislation toward immigration reform and policy will help these women become valuable contributors to our society.     

Linking Leader Social Skills and Organisational Health to Positive Work Relationships in Local Governments

This study examines the links between leaders' social skills, organisational health (decline) and positive work relationships. In particular it tests whether leaders' social skills are more strongly associated to work relationships when the organisation's fiscal health is more precarious. Using data from both surveys and annual financial statements of 103 public sector organisations, the results indicate that a leader's social skills and organisational fiscal health are positively related to work relationships. However, the interactive effect of leaders' social skills and organisational fiscal health on positive work relationships was not significant.     

‘It’s Not Like Never-the-Twain-Shall-Meet’: Politician–Staff Relationship Structures in Local Government

Local governments have two primary components: elected representatives and employed staff. The relationship between these two groups has significant impacts on local authority operation. Two key theoretical models used to characterise these relations, the well-established Politics/Administration Dichotomy and the recently conceived Complementarity Model, are employed here to explore relationships in New Zealand councils. Results show varying views regarding whether the separation of staff and elected representatives (councillors) is based on their respective roles or inputs. A role-based separation emphasises distinct ‘realms’, with elected representatives controlling policy making and staff controlling the implementation of policy. This approach supports a hegemonic relationship and embodies the Politics/Administration Dichotomy. On the other hand, an input-based separation emphasises the issues that each group should focus on, with councillors integrating community desires and staff contributing their technical expertise. The latter lends itself to interactive processes and is consistent with the Complementarity Model. Neither input nor role-based relationships are inherently superior; various empirical factors influence the suitability of each. This suggests that it is advantageous to have multiple theoretical models accounting for alternative local government relationship structures, but future research is needed to clarify the ‘best’ options for different contexts.     

El federalismo cooperativo como factor catalizador de un Gobierno Abierto

The paper aims at outlining a framework of analysis that substantiates the significance of collaboration among governments, under the assumption that a rigid system of competition tends to result in the splintering of public affair solutions in government agendas. Cooperative federalism, to the degree that it may produce intergovernmental relations, points towards a support of holistic solutions to demands written into the action plan that serves as a precondition to enrollment in the Open Government Partnership (ogp). The proposal presented by Mexican representatives during the June 2012 meeting in Brasilia, envisioning governmental aperture at the subnational and local levels, would have more possibilities of success if minimal bases for cooperative federalism that may serve to manage public affairs are set forth previously.     

Intersections,Immigration, and Partner Violence: A View From a New Gateway—Baltimore,Maryland

This article reports on the results of exploratory surveys with immigrant women regarding their observations of intimate partner violence and criminal justice practices in their communities in the emerging immigrant gateway of Baltimore, Maryland. Using an intersectional/interlocking theoretical framework, it asks how nativity interacts with other social locations in the experiences of partner violence through surveys of women representing 5 language groups. The study found high levels of awareness of the problem of partner violence in immigrant communities and strong awareness of many U.S. criminal justice approaches to the problem. Although the women preferred informal sources of support in a situation of abuse, they strongly supported government intervention. We found low levels of awareness of the Violence Against Women Act as well as little support for the higher levels of prosecution for batterers, even though arrest was sometimes approved. The article calls for sensitive policies and practices that take into account the particular vulnerabilities of the foreign-born, especially in localities where national diversity is relatively novel.     

When Abuse Happens Again: Women's Reasons for Not Reporting New Incidents of Intimate Partner Abuse to Law Enforcement

Although most women abused by intimate partners experience a patterned behavior of abuse (by either the same or new partners), little is known about their decision making regarding whether to call the police for subsequent abuse. The current study found that 90 percent of women who had encountered the criminal legal system for previous intimate partner abuse victimizations did not contact the police for some or all recurrences. Qualitative analysis was conducted among a sample of 102 women regarding their reasons for not re-engaging the legal system for subsequent victimizations. The results suggested 5 overall reasons as to why women involved with the criminal legal system choose not to engage the system again.     

Policing Intimate Partner Violence in Rural Areas and Small Towns: Policies,Practices, and Perceptions

The extant literature has given only limited consideration to the adoption of intimate partner violence policies and procedures on the part of police organizations, particularly in rural areas and small towns. Using survey data from police agencies in the southern regions of Illinois, this study found that although policies were nearly universal, specific elements varied. Agencies relied heavily on conferences and other departments in formulating their policies, making less use of recommendations from professional associations or the salient literature. The findings suggest variation in how intimate partner violence is perceived and policed in rural areas and small towns while highlighting some of the challenges agencies encounter in addressing this offense within their jurisdictions.