Surrogacy litigation in China and beyond

Chinese law neither generally prohibits nor expressly permits surrogacy. As there has been a massive underground surrogacy market in the country, surrogacy lawsuits have occurred from time to time. Chinese courts are called to decide a number of disputed issues regarding validity of surrogacy contract, parenthood of the surrogate child, and sole care and control of the surrogate child. This article examines the judicial solutions to these disputes through a case study, and analyses whether Chinese courts have adopted appropriate approaches in applying the existing law to surrogacy lawsuits. The article further discusses the inadequacies of Chinese law in solving surrogacy disputes and regulating surrogacy, and recommends a set of suggestions for improvement so that Chinese law may better adapt to the social demand of surrogacy.     

论警察执法过程中的自由裁量权

警察行政自由裁量权作为警察权中一种具有特殊地位的行政管理权，有其存在的客观必然性。警察自由裁量权有许多积极方面的贡献和价值，但在警察自由裁量权行使的过程中，也存在着滥用、乱用和私用行政自由裁量权的问题？因此，在保证警察自由裁量权的同时，如何对其进行必要的控制便显得尤为重要。应针对目前我国警察自由裁量权使用的现状以及行使过程中存在的问题．提出相应的规范建议，从立法、司法、行政三个方面做出具体的规范要求，以期使警察自由裁量权在法制规范的前提下，发挥更好的作用，     

Reproductive behavior and contraceptive practices in comparative perspective,Switzerland (1955–1970)

This paper focuses on marital birth control practices c. 1955–1970, i.e. before the era of widespread uniform adoption of modern contraceptives, in two nearby Swiss cities characterized by different religious cultures. It asks how responsibility for contraceptive practices was shared within the marital couple, whether it was the object of discussion between spouses, how the choice of a method of contraception was made and how religious culture affected these elements. This paper uses written sources reflecting medical authorities' views about birth control and 48 semi-structured interviews with elderly persons from the lower middle and working classes. The results point to three key conclusions. Firstly, the findings show a joint responsibility of both spouses for contraceptive practices. Secondly, the paper shows that religious culture plays a key role in the access to means of birth control. Specifically, Fribourg gynecologists were reluctant to prescribe modern methods. Thirdly, the results underline that a combination of methods are used throughout reproductive life, depending on the spouses' desire to have additional children and on men and women's individual attitudes toward birth control methods.     

The cartography of responses to state crime: understanding the linkages among state abuses/crimes/deviance/harms/illegalities/wrongs,resistance/control,and state organizational reactions

Although a considerable amount of thoughtful scholarly research on state crime has been conducted and published, researchers have failed to assemble a comprehensive model of the process and reactions that begin after state crime has occurred and been detected. This article outlines a heuristic model that presents the major political actors that participate in this process and the relationships that can develop among them. In order to create the model, research that has been conducted on state crime is reviewed and integrated, difficulties with this work are analyzed, and recommendations about future research that can be conducted using the model are made.     

毒品犯罪案件中技术侦查措施的适用研究

新的《刑事诉讼法》增加了"技术侦查措施"一节,从程序法的高度完善了公安机关侦查工作的合法化,兼顾了打击犯罪与保障人权的价值追求。该文在总结毒品犯罪案件特点、重新界定技术侦查措施概念的基础上,对公安边防部门适用技术侦查措施侦办毒品犯罪案件的优势进行了阐述,以期更好的指导实践。当然,《刑事诉讼法》中技术侦查措施的规定并不是尽善尽美的,如何更好地完善技术侦查措施理应引起我们更多的思考。     

The business of noncitizenship

Abstract

Private actors play an increasing role in mediating the relationship between States and noncitizens and even in creating or perpetuating exclusions associated with noncitizenship. This paper offers a way to analyse the forms of engagement of the for-profit private sector in migration control and asks what it means for how noncitizenship is constructed. It presents the private sector as acting like a buffer, altering whether and how individuals may engage with a State constructing what noncitizenship means within a State’s territory, and removing so-constructed individuals from a relationship with that State. It shows how this may occur directly or indirectly, explicitly or implicitly. The paper addresses two main concerns: the impact on the State-noncitizen relationship and whether there are some areas of the relationship between the State and the noncitizen that should not be so-delegated. It argues that privatised migration control raises problems for standard justifications of migration control and noncitizenship construction.     

Female delinquents in a birth cohort: Tests of some aspects of control theory

In the light of the rather low, empirical interest in the etiology of female crime and delinquency, this study presents and discusses some findings on aspects of control theory. The data are taken from Project Metropolitan, a longitudinal study of a Stockholm birth cohort comprising 15,117 cases (males and females) studied during a 30-year period. Of the females 791 cases or 11% acquired records of delinquency, drug use, or crime up to age 26. The delinquents were divided according to assumed seriousness and compared to the nondelinquents on two dimensions of the social bond called Attachment to school and Commitment to education. The results show, first, that delinquency varies with the strength of the social bond and, second, that the ability to predict future delinquency with knowledge of these aspects of the bond is limited, as the variance proportions accounted for are low. However, when comparing the explained variances to some well-known studies, we find that the differences are not so extensive.This paper is published in its complete form by the Project Metropolitan Research Report series, Department of Sociology, University of Stockholm, 1989. The summary tables presented here are found in original form in the original version.     

论美国的市场经济模式与宏观调控法

美国是西方发达国家中混合经济体制的代表。美国市场经济模式的主要特性在于不采用计划等直接手段调控经济 ,而主要依靠财政政策和货币政策对国民经济进行间接调控。这种模式的形成有其历史根源 ,并深刻地影响着美国宏观调控法的体系和内容。美国的市场经济模式与宏观调控法之间存在的密切关系并体现出一种规律性 ,对完善我国的宏观调控立法不无启迪和借鉴意义     

地震灾后社会治安防控——以“5.12”汶川大地震为例

汶川地震造成了重大人员伤亡和经济损失,对社会公众的心理造成了巨大冲击。随着恢复重建工作的展开,灾区治安形势将趋于复杂,公安机关应加强灾后防控机制建设,采取有效的治安防控对策和措施,从人、时间、空间要素中以全方位、立体化形态对社会面加以控制,做好灾后治安防控重点工作,维护社会秩序,保持社会持续稳定,确保有序推进灾后恢复重建工作。     

警察执法权益受侵害的现状、原因和对策

当前警察在执法过程中受到侵害的事件屡有发生，分析其产生的原因，找出应对的策略，采取切实可行措施，能有效保障警察在执法活动中的合法权益。