行政规范在行政诉讼法律适用中的地位

行政诉讼中必须依据行政法规、参照规章以及规章以外的其他规范性文件,但是我国司法实践中对于规章以外的其他行政规范性文件的适用比较混乱,理论上没有明确的地位,导致规章以外的规范性文件有适用的必要但又缺乏适用的准则。文章从辨析行政规范的名称入手,通过分析不同学说,从新的角度界定行政规范在行政诉讼法律适用中的地位。     

西方法律传统与法制现代化

法制现代化是人类社会法律文明的成长与变革过程,这场意义深远的历史性变革首先肇始于西方。西方法制现代化作为原生的内发型法制现代化,由于它反映了法律文明发展的世界性这一共同规律,因而成为全球法制现代化运动的先导。     

深化改革背景下对司法行政化的遏制

司法行政化,即以行政的目的、构造、方法、机理及效果取代司法自身的内容,形成以行政方式操作的司法。法院司法运作的全过程均带有行政化色彩,表现为司法目的和价值的行政化、案件审判活动的行政化、上下级法院关系的行政化、司法人事制度和法院结构的行政化以及审判管理的行政化等。在给定的约束条件下,司法行政化可以弥补一线司法能力之不足,可以抗制外部干预。但其过度发展会妨碍依法治国,损害办案质量与效率,危及司法权威和公信力,阻碍法院工作的可持续发展。司法行政化的根源在于基本权力结构及其运行机制;司法功能设定的非司法化和资源配置的有限性,统一的人事管理制度和财政供应制度以及国家机能分化不足,亦为重要原因。遏制司法行政化需强化法院的司法审查功能、审判功能以及终局性纠纷解决功能;需阻隔行政性要素介入审判,建立审判独立的"二元模式";需在法院审判管理、司法行政管理、上下级法院业务管理上"去行政化"。     

试论开放性和独立性的矿业立法模式的构建

我国矿业立法的困境逼迫着我们寻找一条新路以探求矿业立法所应当遵循的立法模式。引入系统哲学理论作为统筹,以系统哲学理论为基点阐发一部具有整体性或是融贯性的法律所应当具备的开放性和独立性。此外,基于实践活动的客观现实性,分别探讨了开放性和独立性所应当立足的法学理论的客观规律和矿业发展的客观规律。并以此为我国矿业立法模式的构建提供一种路径选择。文章试图从一个较为宏观的角度审视立法模式应当具备的样态。不奢望这一理想中的立法模式能成为现实,只愿我国未来的矿业立法在朝着这一模式前进的道路上能有所进步。     

E-Government users’ privacy and security concerns and availability of laws in Dubai

The purpose of the study was to review privacy and security concerns and their impact on e-government adoption in Dubai. The research analyzed the literature on e-government, security and privacy concerns of e-government adoption and the legislative provision relating to privacy and security protection. A survey on e-government user concerns on privacy, security and ease of use was also carried out. The data for the survey in this research were collected from 190 respondents in Dubai. The results of the analysis revealed that perceived security, privacy and perceived ease of use were important constructs in e-government adoption. The analysis of legal framework showed that the Federal Constitution, the Penal Code, the new Data Protection Act and the Computer Crime Act could be used to address various privacy and security concerns. Thus, it is important that the policy makers facilitate an appropriate awareness campaign of the existence of both information privacy and security to attract more participation towards the e-government services.     

金融消费者权益保护问题研究

完善的金融消费者保护体系是维护国家金融安全与稳定的重要保障,但是,现阶段金融领域侵犯金融消费者权益的现象却日益增多,只有有针对性地加强法律规制,完善对金融消费者权益的保护机制,才能提高我国金融消费者保护的水平。     

Criminalisation,modernisation, and globalisation: the US and international perspectives on domestic violence

The growth of modernisation in a society is intimately connected to the growth of legal evolutions related to criminalisation. While modernisation expands the boundaries of tolerance in an open society, it also expands the boundaries of crime and criminalisation. As modernisation expands on a global scale, the process of redefining crime, criminalisation, and victimisation also occurs on a global scale. In the modern societies of the West, the advance of modern law and justice and the progress of the notions of human rights have expanded the boundaries of freedom. They have also expanded the boundaries of criminalisation in a number of social, cultural, political, and economic domains. One of the major areas of criminalisation that has rapidly expanded with modernisation and globalisation, particularly in the West, is domestic violence. During the last 30 years, a series of laws have evolved in these societies that criminalise a wide variety of behaviours related to domestic violence. A comparative study of legislative developments on domestic violence in the United States, Brazil, India, Japan, Bangladesh, and Ghana suggests that, in each, a relatively homogenous set of laws against domestic violence has evolved.     

Participant gender,stalking myth acceptance,and gender role stereotyping in perceptions of intimate partner stalking: a structural equation modeling approach

The present research used a mock juror experiment (N = 360) to assess two primary goals: (1) to examine the direct and indirect effects of participant gender, stalking myth acceptance, and gender role stereotyping on guilt ratings in a stalking trial; and (2) to examine the role of perceived victim fear and distress, and defendant intended danger on perceptions of a stalking trial. Using structural equation modeling, we found an indirect effect of participant gender, and both direct and indirect effects of stalking myth acceptance and gender role stereotyping on guilt ratings. Men and participants who endorsed more traditional gender role stereotypes were associated with adherence to stalking myth acceptance beliefs. Endorsement of particular stalking myth acceptance beliefs offers a partial explanation for why women and men differed on perceptions of the defendant's intent to cause danger and the victim's perceived fear and distress. Results provide insight into the efficacy of current anti-stalking legislation that relies on a juror's capacity to evaluate an ‘objective’ interpretation (i.e., ‘reasonable person’) standard of fear for intimate partner stalking.     

Where is Latisha’s Law? Black Invisibility in the Social Construction of Victimhood

Laws named after specific crime victims have become increasingly common. These laws are part of a broader effort to downgrade the status and rehabilitative needs of offenders and to hear the voices and trumpet the legitimate concerns of victims—often as a means of justifying punitive crime control policies. Beyond the substantive merit of individual statutes, collectively these named laws provide a clear image of which victims warrant protection and memorialization: Victims who are vulnerable in some way, who are pursued by predatory criminals into their otherwise safe domains, and—above all—who are White. In this regard, an analysis of 51 named laws from 1990 to 2016 reveals that the vast majority of them (86.3%) honor White victims. In asking the question, “Where is Latisha’s Law?,” we seek to illuminate the virtual invisibility of African American victims and the implicit social construction of which lives matter more in American society.     

Driving under the influence of alcohol: a sequence analysis approach

Driving under the influence of alcohol is a contributing factor to a number of road traffic accidents. There is, however, a lack of research into the behaviours that lead to drink driving. The current research used a novel approach, behaviour sequence analysis, to investigate the chains of behaviours that lead to drink driving. Statements were taken from individuals (N?=?60) in an interview, reporting a time they had consumed alcohol and driven a vehicle. Statements were coded and the sequences of behavioural pairs were analysed. Results were presented in a state transition diagram, and indicated a variety of behavioural sequences leading to drink driving. A significant chain of events showed that individuals who had attempted to calculate their blood alcohol concentration and then drive a vehicle felt unsafe to drive, after driving. Also, many individuals did not intend to drink and drive; however, influences such as peer pressure and being surrounded by alcohol lead to them being more likely to consume multiple alcoholic drinks, and then drive a vehicle. The current research outlines future research, and implications for polices and laws on behaviours that surround drink driving, as well as providing a new method for research.