探析临时仲裁制度在我国的确立

临时仲裁作为仲裁制度初始阶段的唯一形式,在解决争议纠纷方面相比机构仲裁有其独特的优势。临时仲裁制度在现今世界上大多数国家都得以确立,在国际层面也得到认同。我国在仲裁制度建立之初,没有确立临时仲裁,但随着社会发展和进步,无论从经济层面还是法治层面考量,都需要确立我国的临时仲裁制度。     

Sketching and validating the location-based services (LBS) regulatory framework in Australia

Location-based services (LBS) are defined as those applications that combine the location of a mobile device associated with a given entity (individual or object) together with contextual information to offer a value-added service. LBS solutions are being deployed globally, and in some markets like Australia, without appropriate regulatory provisions in place. Recent debates in Australia have addressed the need to bridge the gap between technological developments and legal/regulatory provisions. This requires an assessment of the regulatory environment within a given social context such as Australia. The core components of such an investigation include: (a) composing a conceptual framework for analysing regulation of technologies such as LBS, one that is sensitive to public policy themes and challenges, and (b) applying this conceptual framework to the Australian setting in order to sketch and define the components of the present framework, and identify areas for improvement through a process of validation. This paper addresses these aims, demonstrating how the current regulatory framework in Australia is bound by legislation with respect to privacy, telecommunications, surveillance, and national security (that is, anti-terrorism), in addition to a set of industry guidelines for location-service providers (LSPs). The existing Australian framework, however, is lacking in its coverage and treatment of LBS and location data, and does not adequately address the themes and challenges in the defined conceptual framework.     

Short‐ versus long‐term effects of Ohio's switch to more structured sentencing on extralegal disparities in prison sentences in an urban court*

Research Summary The impact of Ohio's presumptive guidelines on sentencing disparities was examined for one of the state's largest jurisdictions to determine whether the switch to more structured sentencing in 1996 had any enduring effects. Sentencing patterns were examined both before and shortly after the 1996 reform, as well as 9 years later. Findings revealed weaker race and marital status effects on imprisonment under guidelines versus stronger age effects, no changes in disparities based on a defendant's sex and means of support, and (virtually) no changes in the magnitude of legally relevant effects. Policy Implications Ohio's guidelines are more flexible relative to other guideline schemes, possibly accounting for the general stability in effects across regimes. Ohio has since transitioned to voluntary guidelines, which raised concerns that the change will yield higher levels of sentencing disparities. Findings suggest that the transition may coincide with no changes in legal effects, yet with greater disparities based on a defendant's race and marital status.     

从理念到实践:临时仲裁制度构建初探

随着仲裁制度的国际化发展,我国《仲裁法》不承认临时仲裁的做法已经显得不合时宜,因为它限制了当事人选择纠纷解决方式的权利,压制了仲裁制度的活力。基于临时仲裁特有的灵活性、便捷性和普遍性,拟对临时仲裁制度的理论和实践进行考察,进而对临时仲裁制度在中国的发展前景提出一些设想和建议。     

论党的十八大对科学发展观的新定位

党的十八大指出科学发展观同马克思列宁主义、毛泽东思想、邓小平理论和“三个代表”重要思想一道，是党必须长期坚持的指导思想。这是对科学发展观的科学的历史定位，是十八大的历史性贡献。对科学发展观进行新的历史定位，取决于科学发展观确立为党的指导思想的历史必然性。只有深刻认识到这一点，才能增强贯彻落实科学发展观的自觉性和坚定性。     

中国特色社会主义制度建设的理论与实践

中国特色社会主义制度的自我完善和发展,取决于改革开放的程度,取决于制度创新的物质基础。我国的国家治理体系就是中国特色社会主义制度体系,既包括经济、政治、文化、社会、生态文明和党的建设等领域的体制机制、法律法规,也是一整套紧密相连、相互协调的国家制度。实践是中国特色社会主义理论的源头活水,制度是对已经经过实践检验收到成效的党的方针政策的升华和确认。通过全面深化改革,进一步完善和发展中国特色社会主义制度和与之相适应的体制机制,实现国家治理体系现代化,并使之与中国现代化建设的总体进程相适应。科学高效的国家治理体系,是提高管理国家效能的前提和基础,人的素质和能力的提高,是提高管理国家效能的决定性力量。     

中国传统刑事司法运作准则之探述

在中国传统刑事司法运作过程中,刑官的具体刑事法行为的采取往往遵循一定的准则。当我们以现代刑事司法理念,立足于挖掘传统刑事司法智慧,考察中国传统刑事司法活动中的抽象准则,我们可以发现它遵循“文书约束”准则,追求“法律之治”。此外,它遵循“据证推事”和“察情推事”准则,并将之作为自己的证据和逻辑基奠;它推崇有限公开准则,以达到教化民众和阻吓犯罪的双重目的;它奉行效率准则,还灵活地采取了协作准则,以保证整个传统刑事司法活动的顺利运行,实现刑官所追求的“无讼”的理想帝国秩序。     

Lawlessness in the Federal Sentencing Process: A Test for Uniformity and Consistency in Sentence Outcomes

One of the important goals of the federal sentencing guidelines was to reduce inter‐judge disparity in sentencing. In this paper, we test the assumption that structuring discretion produced uniformity in federal sentencing and consistency in the process by which judges arrive at the appropriate sentence. We also examine whether background characteristics of judges affect the sentences they impose on similarly situated offenders. We used hierarchical linear modeling, nesting the offenders in the judges that sentenced them in order to examine the sentencing decisions of federal judges in three U.S. District Courts. While we found that significant variation between judges in sentencing is largely accounted for by our level 1 characteristics, we also found that judges arrive at decisions regarding the appropriate sentence in different ways, by attaching differential weights to several of the legally relevant case characteristics and legally irrelevant offender characteristics.     

THE SOCIAL CONTEXT OF GUIDELINES CIRCUMVENTION: THE CASE OF FEDERAL DISTRICT COURTS*

Recent scholarship on criminal punishments increasingly highlights the importance of courtroom social contexts. Combining recent data from the U.S. Sentencing Commission (FY1997–2000) with aggregate data on federal districts, the current study examines interdistrict variations in the application of downward departures from the federal sentencing guidelines. Findings indicate that substantial variation exists in the probability of both prosecutor‐initiated substantial assistance departures and judge‐initiated downward departures. This variation is accounted for, in part, by organizational court contexts, such as caseload pressures, and by environmental considerations, such as the racial composition of the district. Additional evidence suggests that individual trial penalties and race disparities are conditioned by aggregate court contexts. Drawing on interviews with federal justice personnel, this article concludes with a discussion of future directions for research on federal guidelines departures. Part of the glory of the federal system…is that you've got this one big organization, but it can be molded to different needs…
‐ An assistant U.S. attorney ‐     

Understanding Sexual Harassment a Little Better Reed and Bull Information Systems Ltd v. Stedman

This case note reviews the guidelines issued by Morison J. in the Employment Appeal Tribunal at the end of the decision in Reed and Bull Information Systems Ltd v. Stedman [1999] I.R.L.R.299. The author argues that while the judge’s decision is to be welcomed in adopting an approach more sympathetic to victims of sexual harassment, it also raises a number of problems by placing a burden on the victim to place the harasser on notice that she does not welcome his conduct. The guidelines are likely to be usefully applied in any jurisdiction that has rules forbidding sexual harassment. The author considers the guidelines from both a practical and a doctrinal angle and indicates that the right to be free from sexual harassment is one that the courts are reluctant to protect like other civil rights. This revised version was published online in July 2006 with corrections to the Cover Date.