地方性法规设定行政处罚的空间

从地方治理的现实需要出发,无论地方创制性立法设定“其他行政处罚”,还是地方执行性立法补充、增设违法行为与行政处罚,皆有其必要性与合理性。行政处罚法第12条第3款,赋予了地方执行性立法以行政处罚补充设定权,为确保地方立法机关合理行使该项权力,有必要对其适用空间加以厘定。为避免行政处罚过.多过繁,地方立法机关补充设定行政处罚时,应当遵循“非必要不设定”的原则,并综合考虑义务内容的确定性、合理性和可履行性,以及违法行为的可认定性等多项因素。地方性法规补充设定的行政处罚,只能限于上位法规定的行政处罚种类,且不能突破_上位法规定的处罚幅度。     

“The roughest form of social work:” How court officials justify bail decisions

Growing research has analyzed quantitative patterns of bail decisions and outcomes, but we know far less about how court officials justify their bail decisions. To enhance understanding of how bail decisions—and their resulting pretrial outcomes—are generated, we interviewed 104 judges, prosecutors, and public defenders in a northeastern state. Court officials in our study reported three primary justifications at bail: ensuring defendants return to court, preventing crime, and lessening harm. The first two justifications have been suggested in the literature, but the latter is novel and encompasses two secondary justifications: lessening criminal legal system harm and lessening societal harm. We show how these justifications and the decisions they enable blend risk management with rehabilitation and emerge from court officials’ shared assumption of defendants’ social marginality but varied beliefs about what to do about such marginality pretrial. Each justification allows for distinct, but at times overlapping, bail decisions. We discuss the implications of our findings for theories of court official decision-making, research on racial and socioeconomic inequality, and bail reform policy.     

地方政府公共服务能力建设探究

目前,我国经济建设快速发展,已进入全面建设小康社会新的历史阶段。但公共事业的发展严重滞后于经济发展,影响了经济社会的可持续发展和广大人民群众生活水平的提高。因此,在以社会管理、公共服务为主要职能的前提下,提升地方政府的公共服务能力对地方经济和社会的发展意义重大。     

行政层级与政策执行失效

导致政策执行失效的原因很多,但探究政策执行失效的前提是必须清楚政策执行失效主要发生在哪些政府中。本文认为,不同的行政层级在政策执行中体现不同的特征,政策执行失效并非发生在所有层级的政府中,而是主要集中在省级以下政府。     

Victims of Sexual Violence in the Canadian Criminal Courts

The literature on victims of sexual violence in the criminal justice system has overwhelmingly pointed to the negative impact of these encounters. This research project sought to explore various aspects that might contribute to harm by conducting in-depth qualitative interviews and collecting limited quantitative data on 31 victims who had encountered various processes in the justice system. Results indicated a wide range of experiences, indicating that no interactions within the system were universally harmful or helpful. Victim experience was shaped by the attitudes and behaviors of specific people within the system demonstrating the importance each individual plays in their official capacity. In the final analysis however, victim satisfaction with the jail term was key to understanding experiences of harm.     

FAMILIES,COURTS, AND THE END OF LIFE: SCHIAVO AND ITS IMPLICATIONS FOR THE FAMILY JUSTICE SYSTEM

The article discusses a proposed universal adoption of comprehensive family law subject matter jurisdiction, inclusive of end‐of‐life (EOL) cases, as articulated in the unified family court (UFC) concept. It posits, using the Schiavo matter to illustrate the difficulties inherent in EOL disputes, that contested EOL cases are unlike other civil court cases in that they involve intimate facts and emotionally laden family dynamics. As such, these cases pose a distinctive challenge for the courts. The article suggests that contested EOL cases should be heard in a UFC because UFCs include alternative dispute resolution (ADR) protocols to deescalate family strife with the goal of facilitating out‐of‐court settlements and that litigation is an imperfect solution for an EOL dispute. It is also noted that judges presiding in UFCs are more experienced in handling fractious family matters and thus they are more likely to avert protracted litigation if the matter is not settled via ADR.     

THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD AND THE NEED FOR ITS INCORPORATION INTO A BILL OF RIGHTS

In this article I discuss the failure of most democratic countries to accept or properly implement the UN Convention on the Rights of the Child, despite, except in the case of the United States, having ratified it. I consider the domestic implementation of treaties. I discuss, from an Australian perspective, that country's failure to enact a Bill of Rights and argue that children in Australia have suffered as a result. I also discuss judicial approaches to international law and compare the situation in countries such as the United States, the United Kingdom, Canada, and New Zealand and suggest that even in those countries that do have a Bill of Rights, it is not oriented toward children and therefore does not properly recognize their rights.     

制度竞合：中央与地方关系演进的必然趋势

地方政府通过制度创新激活了当地经济，但中央对这种创新行为回应的滞后甚至默许又造成中央与地方之间的制度罅隙，进而形成地方保护。因此，必须通过分化政府职能、调整权力结构、健全决策过程以及重构绩效评估机制来实现中央与地方的制度竞合。     

Negotiating Natural Resource Conflicts: A Study of State Practices,Peasant Mobilisation and Sub‐National Government in the Peruvian Andes

This article explores the dynamics of natural resource conflicts and local government in the Peruvian Andes. Recent publications have found that efficiency and democratic accountability in local government are key variables for mitigating conflict. By focusing on the ethnographies of two conflicts and as participant observers within local government, we argue that by re‐framing the analytical focus within local histories and current practices of natural resource conflicts, we can better make sense of the dynamics of current land politics. The article presents a sequential framework that explores key moments of the relations between the state and peasant communities during natural resource conflicts. Through this framework, we argue that natural resource conflicts are negotiated in a sphere of politics that transcends the state's institutional and legal limits.