论“政府由法律控制”的实现途径

现代行政控权的途径可以从三个方面来看基于行政权盲目扩张的控制新角度、基于行政权多样扩张的控制新方向和基于行政权底面扩张的控制新层面.     

Pretend It Doesn'T Work: The ‘Anti-Social’ Bias In The Maryland Scientific Methods Scale

The social constructs and methodological principles embodied in the Maryland Scientific Methods Scale (SMS), comprising part of the Campbell Collaboration in Crime and Justice assessment protocol, induce a series of biases in the evaluation of evidence of crime prevention policy interventions that focus on collective social phenomena, such as communities. Applying these principles leads to negative conclusions about effectiveness; yet their inherent ‘anti-social’ bias may induce Type II error with regard to the desirability of ‘social’ interventions to reduce crime. Policy-making is poorly served as a result. This point is illustrated, first, through a scrutiny of the social constructs used, including those that typify treatments, institutional settings and units of analysis. These are seen as being constructed in a way that is congenial to the underlying methodological issue of ‘control’ but that constitute nevertheless a distorted definition of the governance issues involved in crime reduction in community settings. A model more appropriate for evaluating voluntaristic action in civil society is needed. Second, it is suggested that this methodological bias arises particularly in policy interventions and change programmes that address issues concerning the ‘collective efficacy’ of local communities in reducing crime. An empirical exemplification of these arguments is presented with reference to a completed evaluation research study (Foster and Hope, 1993).     

论毒品犯罪侦查中的控制下交付手段

控制下交付是目前国际社会普遍认同的,在打击跨国、跨地区毒品犯罪中发挥重要作用的侦查手段,具有隐蔽性、合法性等特点。近几年我国侦查机关运用该手段取得了较好的成效。但运用控制下交付必须遵循一定的实施原则,并注意与此相关的法律问题。     

控制下交付国际准则研究

《联合国禁止非法贩运麻醉药品和精神药物公约》《联合国打击跨国有组织犯罪公约》与《联合国反腐败公约》对控制下交付国际准则作了明确的规定,具体包括适当使用原则、逐案判断原则、安全原则、同意原则、国家主权原则等五项基本准则,并在区域性国际公约、国际协议和国内法中得到广泛体认和贯彻。基于"条约必须信守"的原则,我国也必须体现和遵循控制下交付国际准则,然而由于国际公约对控制下交付国际准则并没有作出详细规定,所以我国在通过制定国内法严格遵守、履行控制下交付国际准则的同时,还必须对如何贯彻控制下交付国际准则做进一步的精细化制度设计。     

刑事案件事实认定的常识、常理、常情化

刑事案件事实认定是刑法司法活动的一项极其重要而又复杂的内容。刑事案件事实认定的常识、常理、常情化,是刑事案件事实认定符合经验法则的直接体现。运用常识、常理、常情可以对刑事案件的客观事实包括关键情节或重要情节和因果关系进行认定,也可以对刑事案件的主观事实包括罪过形式、犯罪倾向和犯罪动机等进行认定。刑事案件事实认定之所以应该常识、常理、常情化,是因为常识、常理、常情本来就是人们日常生活的行为规则或指引,故刑事案件事实认定的常识、常理、常情化能够在一种方法论和价值论中确保刑事案件事实认定以及以之为基础的刑事裁判的正当性。     

A microfluidic device for presumptive testing of controlled substances

A simple microfluidic device (MFD) has been developed to perform multiple color and crystal tests for controlled substance analysis. The MFD method uses less sample and reagents and generates less waste than traditional spot plate methods while performing several tests simultaneously. This methodology provides significantly more analytical information for a single sample analysis. The current generation device is the size of a microscope slide with four analytical channels: one for microcrystal tests and three for color tests. The optimized devices were subjected to a rigorous validation study using comparative replicate analyses and several operators. Target analytes were methamphetamine, amphetamine, cocaine, and oxycodone and color test reagents used were the Marquis, Simon, and cobalt thiocyanate. For the crystal tests, platinic chloride was used. The validation study showed the MFD's limits of detection to be in the picogram range. Positive tests results were observed in complex mixtures in which the controlled substance was present at concentrations of 5-10% (w/w). The microcrystal reagents showed greater sensitivity than color test reagents when used in the device. Reagent use and waste generation using the devices was 95% less that that used and generated using the traditional methods. The device performance was also shown to be operator independent.     

THE NEW BEGINNINGS PROGRAM FOR DIVORCING AND SEPARATING FAMILIES: MOVING FROM EFFICACY TO EFFECTIVENESS

This article describes a program of research on effectively transporting the New Beginnings Program (NBP), a university-tested prevention program for divorced families, to community settings. The four steps in this research are described: (1) selecting a community partner, (2) developing effective methods of engaging parents, (3) redesigning the NBP to be easily delivered with high quality and fidelity in community agencies, and (4) adapting the NBP to meet the needs of the full population of divorcing families. The article concludes with a discussion of plans for an effectiveness trial to evaluate the NBP when delivered in community settings.     

Identification of 1‐(2,3‐dihydro‐1H‐inden‐5‐yl)‐2‐(ethylamino)pentan‐1‐one (bk‐IVP) in a Seized Drug Exhibit

To circumvent the law by evading regulation and obscuring their identities in routine analyses, numerous substituted cathinones have entered the illicit drug market. These compounds have been coined “bath salts” by users. In the described case, the laboratory received an unknown white powder for controlled substances identification. The sample could not be immediately identified using standard methods and procedures. Ultimately, the structure was elucidated using GC‐MS, NMR, FTIR, GC‐SPIR, UV, and color tests to be 1‐(2,3‐dihydro‐1H‐inden‐5‐yl)‐2‐(ethylamino)pentan‐1‐one (bk‐IVP), a cathinone analog with a rarely observed nonoxygenated bicyclic ring system. Features of spectra and chemical tests are reported that distinguish this class of cathinones from heterocyclic analogs.     

受控承运人制度研究

受控承运人 ,即美国所监管的国有承运人。受控承运人制度是冷战的产物 ,目前受其影响最大的就是我国国有承运人。本文就受控承运人制度的历史、特征、监管、豁免、执行机构以及该制度下的我国国有承运人进行了研究 ,并对受控承运人制度进行了展望和思考。     

The Ethics of Plea Bargaining in International Criminal Trials

The paper argues that contemporary theoretical and philosophical concerns relating to the practice of plea bargaining in international trials for crimes such as genocide should be seen in the broader context of the perceived legitimacy of international trial justice. The paper questions the capacity of international trial structures to deliver a form of truth which contributes to justice suggesting that the legitimacy of the truth available is conditioned by ideology and normative practice. The paper suggests that the key to transforming international trial justice lies in promoting the link between trial ideology and the perceived moral legitimacy of its outcomes through the exercise of judicial discretionary power. Ralph Henham is Professor of Criminal Justice, Nottingham Law School, Nottingham Trent University.