民事诉讼代表人制度中诉讼当事人制度论

我国现有的民事诉讼代表人制度中,将人数众多一方中的每个成员均视作诉讼当事人,但只将诉讼权利义务赋予代表人,被代表的当事人却无进行诉讼的权利和义务。这样的制度安排看似符合群体诉讼的特性要求,但却与民事诉讼制度原理相悖。考察相关国家的制度安排,发现我国现有代表人制度中的诉讼当事人确定既阻碍了诉讼当事人平等原则的贯彻,又不能使代表人充分进行诉讼,从而成为该制度不能被广泛适用的先天缺陷之一。因此,作为解决群体纠纷的诉讼机制,代表人制度中诉讼当事人的选择,既要满足群体诉讼的特殊要求,又应契合民事诉讼当事人制度原理的运行机制。     

Strengthening the local representative system: the importance of electoral and non-electoral representation

Local democracy has increasingly faced problems such as declining voter turnout and decreasing trust in political parties. Certain forms of participatory democracy have been introduced to address political disengagement. Often these efforts do not deliver the envisaged results, as they exacerbate existing inequalities by attracting only certain groups of citizens. This paper takes a close look at representation to find out if and how it can strengthen local democracy. Non-electoral representation, as manifested by representative claims based on non-electoral grounds, such as identity and expertise, made by local councillors, as well as non-elected individuals and organisations, might serve to mitigate democratic problems. We empirically study manifestations of electoral and non-electoral representation and their interactions. We conclude that non-electoral representation can strengthen local democracy, but its relationship with electoral representation can also be problematic. We make suggestions as to how these problems might be overcome in an effort to strengthen the local representative system.     

Public servants or police soldiers? An analysis of opinions on the militarization of policing from police executives,law enforcement,and members of the 114th congress U.S. house of representatives

Despite the dramatic rise in use of militarized weapons, equipment, and tactics by police departments across the nation, no study has examined the opinions of those responsible for designing, funding, and implementing police militarization in the United States. Therefore this study collected and analyzed opinion data from 465 key stakeholders from the 114th Congress U.S. House of Representatives, law enforcement executives, and local police officers regarding police militarization. Results suggest that while most practitioners and policymakers favor police militarization, Congress and law enforcement differ in support of critical issues such as oversight of military procurement programs, use of surplus military weapons and vehicles, and overall support for the militarization of policing in the United States.     

Empathy,distance, and blame: juror perceptions of black male homicide victims in capital cases

The courts have consistently struggled with the discriminatory imposition of the death penalty. This research employs data from the Capital Jury Project which seeks to identify arbitrariness in jurors’ decision-making. Results indicate that Black male victims are perceived to be the most likely to have a problem with drugs/alcohol and come from poor/deprived backgrounds and the least likely to be respected in the community and be perceived as innocent. Black male victims and their families also receive the least empathy from jurors, whom jurors feel the most distance from, and who are most to blame for their victimization. Results suggest the enduring racialization of violent crime and the continuing devaluation of the lives of Black males in American society.     

警察心理压力问卷调查分析

警察职业是高风险、高负荷、高强度的"三高"职业,压力普遍较大。压力是外界要求与个体自身能力、或个体价值需求与外部条件不相匹配而产生的难以应付的身心紧张状态。通过对在职民警的警察心理压力问卷调查及相关分析、差异检验等实证的分析,进一步认清警察心理压力的产生。     

论被害人过错的性质及其成立要件

刑事被害人过错是指主客观相统一的,对犯罪行为起推动作用的,应受否定性评价,并且影响犯罪人定罪与量刑的行为。据此,其主观成立要件一般是故意或重大过失,客观成立要件是与犯罪过程的推进有着相当因果关系和时间紧密性的过错行为。此外,过错还应当达到充足的程度。     

论被害人有意过错在暴力犯罪中的作用

犯罪人与被害人是导致犯罪发生的两个方面,然而大多数人们和学者往往更多的关注犯罪人的过错对犯罪发生的作用,而忽视了被害人在犯罪发生中的作用。在司法实践中,存在着很多被害人过错诱发犯罪发生、促进犯罪实施、促成犯罪后果等作用。研究被害人过错中的有意过错,对减少和预防犯罪的发生,降低犯罪的危害程度有着重要意义。本文对暴力犯罪中被害人有意过错在犯罪中的作用进行分析,旨在通过运用这一结论提出建议,在一定程度上预防打击暴力犯罪。     

流动人口被害问题的调查与分析

据浙江省统计,流动人口中的犯案人员虽然仅占0.06%,但却左右着社会治安形势,他们既是主要刑事作案人员,又是主要被害人群。流动人口被害呈现如下特点:"三车"(电瓶车、自行车、摩托车)被盗多,现金被盗多,在暂住地被害多,初中以下文化的中青年男性工人被害多,被害人过错明显。减少流动人口被害需多策并举,加强流动人口聚居区域巡控防卫,提高流动人口自我防范能力,改善流动人口居住条件等。     

Circumstances of death and diagnostic difficulties in brushfire fatalities

The deaths of 10 bushfire (brushfire) victims (aged 2-59 years; M/F 1:1) from the files of Forensic Science SA in Adelaide, South Australia, over an 8-year period (January 2002 to December 2009) are reported. Nine of the victims were found in or near motor vehicles. Death was attributed to incineration (N = 5), trauma from bushfire-related vehicle crashes (N = 2), inhalation of products of combustion with hyperthermia (N = 1), inhalation of products of combustion (N = 1), and undetermined (N = 1). Death scenes covered large areas and involved many victims. Loss of infrastructure and closure of local roads owing to debris limited access and made the finding of bodies difficult. Bodies in such fires may be exposed to the damaging effects of weather and animal predation. Heat damage hindered pathological assessment with resultant delays in identification. Assessment of antemortem injuries and determination of causes of death were also complicated by the condition of some of the bodies.