The Quality of Life from a Child's Perspective

Abstract

During the last decade, both in politics and research methodology there has been an increased interest in listening to children's experiences and viewpoints, as separate and different from their adult carers. In the line with these interests, this article discusses how the quality of life, from a child's perspective, can be sociologically framed, and the relevance this has for people in the social work field. The article begins by clarifying the meaning of talking about quality of life from a child's perspective by reference to the concept of generational order. Next, some methodological experiences and empirical findings regarding quality of life from a child's perspective are briefly reported. This is partly because these experiences and findings by themselves are regarded as relevant for administrative practices and social work regarding children, and partly because they support and have been a source of shaping the sociological frame. Then, on the basis of these experiences and findings, and by adopting a relational social constructionist approach, the quality of life from a child's perspective is framed sociologically. Finally, based on the findings and framing of children's quality of life from a child's perspective some recommendations for social work regarding children are suggested.     

知识产权刑事案件证据调查与认定——以新刑事诉讼法为视角

刑事诉讼法的本次大修是适应社会转型的需要,它在证据方面的修订对知识产权的刑事法保护有着重要影响,如增加了电子数据形式、增设行政证据向刑事证据的转换机制、增加了专家证人形式、规范了诱惑侦查措施等。不断完善的程序法必定会逐渐增强对知识产权的刑事法保护。     

Teaching restorative justice to education and criminal justice majors

In academia, departments in Education and Sociology/Criminal Justice are in different colleges, but professionals in these fields frequently interact, such as probation officers working in schools and teachers working in prisons. This paper describes a course that addressed a commonality of the two by focusing on Restorative Justice. The content of the course was multi-disciplinary and co-taught by two professors from these different disciplines, and students were from a wide range of majors. Not only did the course content focus on Restorative Justice, this perspective guided how the course was taught. All classes were conducted within a Circle, students participated in the creation of the syllabus, students contracted for grades, and students organized many of the discussions. Emphasis was on critical analysis of Restorative Justice practices and theories. Quantitative and qualitative evaluations were provided as well as reflections by the teachers.     

侦查管理研究述论——兼析侦查管理学学科性质和研究对象

侦查管理就是以破案为目标的组织利用侦查资源的一系列决策过程,它针对特定案件侦破活动的管理,不包括侦查机关日常的组织行政管理。可以从案件侦破流程、侦查要素、具体侦查行为三个层面考察侦查管理。侦查管理学应为公安学和管理学的交叉学科,是公安学的三级学科,其研究对象为侦查管理的规律。     

司法鉴定在刑事侦查中的运用

司法鉴定在侦查中对案件事实证明发挥积极作用的同时,也引发错误认定事实的风险。近年来,侦查中运用司法鉴定的比例有所提升,但刑事错案的背后揭示鉴定样本的收集过程在规范化、程序化方面做得还不够。鉴定意见随着案卷进入后续程序,并对案件事实的认定发挥证明作用。侦查中的司法鉴定存在运用尚不充分、样本的收集保管不够规范、司法人员迷信鉴定意见等问题。其进路在于进一步提高侦查中的鉴定技术含量,规范鉴定样本的收集程序,转变对鉴定意见迷信的观念。     

进步与不足：新刑事诉讼法技术侦查措施规定之反思

在新刑事诉讼法中规定技术侦查措施有重要意义。其进步之处是体现了重罪原则、人权保护原则、程序法定原则和必要性原则。其不足的地方是概念不清,条件范围不明确,适用程序模糊,缺乏明确的监督救济程序,对隐藏身份及控制下交付的秘密侦查规定过于原则和抽象,有关技术侦查措施所获得证据庭外核实的规定不足。要坚持合目的性、手段节制原则、程序法定原则。同时,要通过司法解释明确适用程序、救济程序和监督程序。     

The big,bad wolf and the rational market: portfolio insurance,the 1987 crash and the performativity of economics

This article distinguishes two meanings of the performativity of economics, a thesis advanced by Michel Callon: ‘generic’ performativity, according to which markets and other economic relations are not to be taken as given, but as performed by economic practices; and ‘Austinian’ performativity, in which economics brings into being the relationships it describes. The two versions of performativity are explored by means of an examination of the history of portfolio insurance (a financial-market technique based on the economics of option pricing), of the 1987 stock market crash, and of subsequent efforts to diagnose the causes of the crash and to redesign the market to avoid future catastrophe. The article emphasizes the extent to which the financial markets of high modernity are designed entities, and argues that the question of their design is always a political question, even if it is seldom recognized as such.     

The origins and dynamics of genocide

Abstract

Two of Michael Mann's recent books continue his exploration of the sources of social power and then extend it into the study of ethnic cleansing, a phenomenon which Mann wishes to see as a potential built into modern political institutions, and specifically democratic political cultures, from the start. However, this review argues that the richness of the empirical material mobilized in these books makes them more nuanced and sophisticated than Mann's own summary of them suggests.     

侦查协作的碎片化分析及其整体性治理模式

侦查协作是应对当前刑事犯罪特点和发展趋势所采取的一项有效的组织措施,但是我国目前的侦查协作情况却不容乐观。引入新公共管理中的“碎片化”概念,从六大维度分析我国侦查协作的现状,进而从整体性治理这一社会治理模式的视角出发,提出侦查协作的完善思路与方法。侦查协作的整体性治理对策包括加强侦查协作的整体性认识、侦查协作的整合、侦查协作主体之间的协作治理,侦查协作信息系统的建立、利用,建立和完善侦查协作的评估、监督和反馈机制。     

规范检察机关参与非法证据排除程序探析

新《刑事诉讼法》对非法证据排除进行了相关规定,明确了检察机关参与非法证据排除主体性地位。检察机关参与非法证据排除意义重大,有利于从根源上防止非法证据的出现,也有利于克服我国一元制庭审模式的弊端,从而规避非法证据进入庭审对法官的影响,确保法官公正审判,维护司法正义。这就迫切需要对检察机关参与非法证据程序进行规范,才能以之指导检察实践。