渎职犯罪案件公诉实践中的证据审查要点

由于渎职案件的侦破既可以"由人到事",又可以"由事到人",故渎职犯罪的证明方法不拘一格,通过直接证据快速且独立地锁定案件事实和凭借间接证据链接所有案件事实均能够达到证明效果。审查证据过程中应当考虑监管部门及国家机关工作人员在重大事故中所处的地位及其管理职能,综合考量被告人玩忽职守的程度,以此确定特定责任者因果关系的量化定位,在量刑建议中予以体现。     

民事再审之诉若干问题探究

在《民事诉讼法》修正案实施两年多的时间里,司法实践中常常遇到因审判监督程序的＂审查＂和＂再审＂分段进行而导致重复审理,造成司法标准不统一的问题。通过对＂再审之诉＂基本含义的研究,深入分析产生实务难点问题的原因,提出了在现行法律框架内将审查和再审两个阶段＂合二为一＂,确立＂以提审为原则,以指令再审为补充,以指定再审为例外＂以及＂一个法院只能再审一次＂的再审之诉管辖规则,统一并适当提高再审之诉中审查和再审两个阶段的证明标准的解决对策。     

改革以来中国农民工流动机制变迁的考察

改革开放以来中国农民工流动机制变迁经历三个基本阶段：1978-1992年以乡镇企业发展为主体的产业流动机制建设时期;1992-2002年以国企改制和非公经济发展为主体的社会主义市场经济机制建设时期;2002年至今以科学发展观为指导的城乡一体发展体制建设时期。其基本特点与历史经验是：第一,家庭联产承包责任制与社会主义市场经济体制搭建了农民工流动机制的基本框架。第二,从城乡二元流动机制走向城乡一体流动机制。第三,从产业流动机制到地域流动机制有序放开。第四,在城市流动机制中,以沿海城市与中小城市为吸纳主体。农民工市民化以小城镇为吸纳主体。改革以来农民工流动机制变迁,积累了宝贵的经验,也留下了深刻的启示。     

专利复活问题研究

在国际经济全球化的时代背景下,专利的申请也呈现越来越全球化的势态。由于专利技术在各国存在的差距等原因,导致在大量的专利活动中存在着专利法复活的现象。通过对专利复活问题的研究,探索专利复活对于现代专利制度存在的意义和危害,着重从知识产权利益平衡制度来剖析专利复活是否合法。     

Mediation Research: A Current Review

In this article, we review the mediation literature from the past decade, utilizing a cybernetic mediation paradigm to organize the material. In this paradigm, we note that the type of conflict, country, culture, and mediation institutions affect the mediation process. Within this process, the mediator and disputants interact with each other, attempting to reach their own goals. This interaction produces outcomes for the disputants, the mediators, and other parties. The literature — organized using this paradigm — indicates that mediation is frequently practiced in many venues; the literature also provides an exhaustive list of mediation goals, describes many mediation strategies, and reports manifold mediation outcomes. Unfortunately, the number of studies examining the relative effectiveness of specific strategies (e.g., pressing, relational, and analytic) seems insufficient. Few studies have used control groups or reported observations of mediator and disputants' behavior in actual mediations.     

Drug Contamination of U.S. Paper Currency and Forensic Relevance of Canine Alert to Paper Currency: A Critical Review of the Scientific Literature

Several studies have reported on wide‐spread contamination of U.S. paper currency with cocaine and to a lesser extent other illicit drugs. Canines are trained and employed to search for and alert to drugs. Canine alert to currency has been used as evidence that currency has been directly involved in illicit drug trafficking to justify currency seizure and forfeiture. This assertion, particularly when the only evidence is based upon canine alert, has been challenged in the courts considering that most currency in circulation is contaminated with cocaine. Comprehensive review of the scientific literature establishes that (i) 67–100% of circulated U.S. currency is contaminated with cocaine ranging from a few nanograms to over one milligram/bill (ii) various biological and environmental parameters impact canine alert to drugs. It is concluded that canine alert to U.S. currency is not sufficiently reliable to determine that currency was directly used in an illicit drug transaction.     

应用枕骨大孔面积判定性别的研究进展

性别是个体识别的主要生物学指标之一,是法医学鉴定不明骨骼残骸的重要初始步骤。枕骨大孔因其解剖学位置的隐匿性、形态学的稳定性、性别与种族的差异性成为法医学性别判定的研究热点,其中枕骨大孔面积是枕骨大孔区域中进行性别判定准确率较高的指标之一。本文以枕骨大孔面积为主要研究对象,就国外学者通过干颅骨样本、CT影像、CBCT影像测量枕骨大孔面积判定性别的方法进行总结,对国内应用枕骨大孔面积进行性别判定研究提供参考。     

Body- and movement-based interventions with male offenders – a narrative review

Therapeutic and psychosocial accompaniment of offenders is increasingly being understood as a communal responsibility. Apart from recognised treatment batteries, an increasing amount of body- and movement-based interventions is carried out within the prison environment. Extensive literature searches were performed for this review. From a total of 2908, 23 publications were included. An increase in research interest in body- and movement-based interventions during the past 5 years was observed. Such interventions are being flexibly applied in detention contexts across western countries, transnationally. Effects of emotional nature as well as competence are being described. Body- and movement-based interventions may contribute substantially in the supervision within the prison regime and can be applied in different modalities as well as low- and high-threshold treatments. Scientific development in this field still is rudimentary and thus further research is necessary in order to provide more evidence for modification processes and efficacy from validated studies.     

Interdisciplinary research on international relations theory and international law in China over the past 10 years

From the origin, there has been a strong connection between international relations and international law. In the development of the history of different academic subjects, the research on international relations and international law are interdependently promoting each other. As a result, the realization of interdisciplinary research on international legal theory and the study of international law is inevitable. As a matter of fact, even though the interdisciplinary research of the two subjects has been separated for almost half a century, the need for the development of the subject and the changing world political and economical status give them a new chance for reunification. Recently, the interdisciplinary research on international relations theory and international law by the Western academic is becoming the order of the day, which has become the latest shining point of the recent development of the two subjects, which is even regarded as the new revolution of international relations theory and the study of international law. In this context, the past ten years is a period of emergence of Chinese international relations and the interdisciplinary research of international law. In the past ten years, some scholars have overcome “the difficulty of interdisciplinary research,” “the prejudice within the subject” and “the gap among different subjects,” and made pioneering research in the field of “systematic connection” and “issues in overlapping field.” Moreover, they gradually make the interdisciplinary research to be a popular method and a common recognition. Based on the current studies, interdisciplinary research will have a broad future in the fields such as “the interchange of concepts,” “the exchange of method,” and “the mutual assistance of materials,” which will provide scholars in this area with a broad space for research.     

The Review of the Development of Legal Science in China (1949–2009)

The legal science of the People’s Republic of China has experienced the stages of formation, reinstating and innovation over the past 60 years. Today, the legal field is flourishing. While the construction of different branches of law has been accomplished, there is still a long way to go in realizing democracy and rule of law in China. Jurists need to develop a heightened awareness of their social responsibility and the urgency with which to adapt the development of law to Chinese societies. Only under these circumstances can we effectively promote democracy and rule of law in China.