司法改革“上海方案”价值评析

在当前改革的关键时期,司法改革的核心是提高司法的公信力,树立司法的权威。我国三轮司法改革的实践证明,司法行政化与司法地方化是影响司法独立和司法公正的两大障碍性因素。如何根据法治的一般理论,遵循法治的基本规律,建构能够解决中国问题的具有中国特色的司法体制与机制,是中央顶层设计和地方实践探索的关键。“上海方案”作为本轮司法改革的先驱者,所探行的“员额制”、责任制、人财物统一管理体制等,彰显了司法改革的顶层设计性、开拓性、试水性、引领性等系列价值。同时,“上海方案”在具体制度的设计与实施中,还需要缜密论证与审慎推行。     

浅谈电视节目模式的著作权保护

随着互联网的发展和观众需求的日益多样化,全球范围内的电视节目模式许可交易日益增长,同时也产生了诸多法律纠纷,而电视节目模式的法律保护仍然存在立法空白。结合欧美法院判例和学术界的观点,本文对中美电视节目模式的法律保护现状、电视节目模式的侵权认定以及在现阶段如何对电视节目模式进行法律保护作出了初步探讨,得出结论是未来趋势应将电视节目模式作为汇编作品予以著作权法的保护,这也是建设社会主义文化强国,增强国家文化软实力的必要举措。     

The development and pilot testing of a family treatment court best practices assessment: The model standards implementation scale

In 2019, the family treatment court (FTC) best practice standards (the Standards) were published to clarify attributes of FTC programs associated with superior child, parent, and family outcomes. The Standards cover the breadth of FTC operations including program structure and leadership, substance use treatment and complementary services, and behavioral responses to participants. This study aimed to develop an instrument (the Model Standards Implementation Scale; “MSIS”) that stakeholders can use to assess implementation of the Standards by individual FTCs. The MSIS balances usability with scientific validity. Interrater reliability (IRR), internal consistency, and several types of validity were assessed. Results indicated moderate to strong IRR, high internal consistency, mixed known groups validity depending on Standard, and high convergent and divergent validity. Initial findings suggest good validity and usability of the MSIS for evaluating FTC Standards' implementation. Notably, the process of using the tool functioned to educate FTC team members on the Standards. Although implementation of the MSIS is a resource-intensive process, the opportunity to receive constructive feedback proved to be an effective incentive for initial and subsequent participation in the evaluation among FTCs. Future research is needed to examine predictive validity, including association between Standards' implementation and family outcomes in FTCs.     

犯罪压力下的警力资源不足之探讨

中国警力资源不足是客观存在的,造成中国警力资源不足最为主要的原因是犯罪压力太大,而不是警民比例"太低",警民比例"低"是受认识和计算方法的影响所至,仅用警民人数比例生搬硬套来说明警力不足既不全面也不科学,存在很多理论上的误区和漏洞.除犯罪压力影响外,经费保障不足和资源结构配置不够合理造成警力资源失衡、警察体制机制问题、警察工作倦怠以及警察大量的身心健康问题也加剧了警力资源的不足.针对警力资源不足,可采取的相应对策有进一步深化改革,推进"三基"工程建设,将工作落到实处,注重在科技强警上下功夫,给警力松绑,增加经费的投入,从制度上提供良好的后勤保障环境,从优待警,留住警察人才,以及关心警察、注重解决警察的身心健康问题等.     

我国警察出庭作证的价值分析与制度构想

警察出庭作证有利于推进刑事诉讼的进程,保障辩护方的权利。警察出庭作证有其功利价值和内在价值,两方价值互补存在,不可偏废。警察出庭作证应有完善的程序设计和制度支持,应赋予其作证的资格、明确其作证的范围,并完善其出庭作证的保障措施。     

Does the multi-phased high school entrance program affect the equity of educational opportunity？

The Taiwan Government has proposed many educational reform programs in these years. Since 2000, in addition to the joint high school entrance examination, new ways of entering senior high school have included recommendation, application, register-and-distribution, as well as direct promotion. In 2001, the joint high school entrance examination was further annulled for good. However, contrary to the Taiwan Government＇s anticipation, the multi-phased high school entrance program has been severely criticized due to its controversial operating process. Based on our in-depth interviews and analyses of data collected by the Taiwan Education Panel Survey, the results demonstrate that the multi-phased high school entrance program has divided the selection process into several critical parts. Firstly, students have to face the requisition both on and off campus. Secondly, the selection and recommendation criteria are not uniform among different schools. Thirdly, students with better family backgrounds are still benefiting from the advantages of being recommended to public senior high schools. Finally, the selection process and related criteria can easily be influenced by the parents or relatives of students with higher socio-economic status. We therefore argue that the issues related to the selection and recommendation criteria, timing of assignments, school categorizations, as well as the review process for the multi-phased high school entrance program should all be re-considered.     

科学化视野下的廉政风险防控管理机制建设

风险社会理论认为,政治风险是现代化社会的常态问题,而腐败是政治风险的极端表现形式。在当前社会历史条件下腐败难以根除但可以控制。基于对人性规律和权力特性的正确认识,廉政风险防控管理已成为当前预防治腐的重要发展趋势。其关键在于通过权力流程再造来解决权力风险问题,全程地防范廉政风险向腐败行为的转化。     

Drug Recognition Evaluation and Chemical Confirmation of a 25C‐NBOMe‐Impaired Driver

This case report details an individual arrested for drug‐impaired driving after leaving the scene of multiple motor vehicle collisions and evading police. The driver was examined by a drug recognition expert and failed the drug recognition evaluation. The driver admitted to using cocaine, marijuana, an antidepressant medication and “N‐bomb,” a novel psychoactive substance that possesses hallucinogenic properties. Toxicological analyses at the Centre of Forensic Sciences’ Toronto laboratory revealed only the substance 2‐[4‐chloro‐2,5‐dimethoxyphenyl]‐N‐[(2‐methoxyphenyl)methyl]ethanamine (25C‐NBOMe) in the accused's urine. This is the first report in which 25C‐NBOMe was identified through DRE and toxicological analyses in a drug‐impaired driver.     

The ‘Short Addiction Program’: experiences from an intervention by the correctional services in Norway

Do participants in a short term training program in prison find that it helps them to cope with their addiction better than before? This article explores the effects of a pilot project conducted in two Norwegian prisons. The study is based on interviews with 16 participants. The data show that the program increased inmates’ motivation and provided them with better tools to deal with their addiction. The conclusion is therefore that this kind of program could be the first step towards enabling prisoners with addictions to cope better with the challenges involved.