我国矫正教育制度的反思与重构

矫正教育是监狱权的行使方式之一,是利用道德的“软力量”对罪犯进行教化,从而达到罪犯再社会化的目的。深化的复归理论、教育刑理论、刑罚人道化思想从不同的角度和侧面共同作用、合力支持着矫正教育的理论。我国的矫正教育制度基本上符合矫正教育的理念和世界各国普遍的作法,但由于受立法时各种条件的局限,在立法理念、立法技术和制度保障方面还存在着一定的缺陷,对此在以后的矫正教育制度设计中应给予必要的关注。     

论网络“人肉搜索”在侦查工作中的运用

网络人肉搜索是在现代信息科技手段的辅助下,人工参与并提纯信息的一种新兴信息获取方式。实践证明,人肉搜索强大的搜索能力有助于侦查部门查明犯罪嫌疑人身份、锁定犯罪嫌疑人位置、扩大破案线索、查明尸源。人肉搜索在侦查中的运用,是网络时代侦查破案的新途径,是侦查工作群众路线的新形式。在侦查工作中,人肉搜索的运用应当作为一种最后手段,在运用的范围、条件和程序上进行严格控制,在运用方法上要科学合理,兴其利而除其弊,合法地为侦查破案服务。     

问题教学法的实践与思考

运用问题教学法需要技巧并坚持一定的原则,只有这样才能取得良好的教学效果,学生才能从中受益。     

The Totalisation of Human Social Practice: Open Marxists and Capitalist Social Relations, Foucauldians and Power Relations

This article critiques Open Marxism for an ontology which totalises human social practice—for Open Marxists, capitalist social relations are the singular constitutive source of human activity. Such a stance is superficially attractive yet ultimately inadequate, and I reinforce my case by demonstrating how other critical approaches—in this article, Foucauldian perspectives on power—suffer from similar deficiencies. Thus there is a need to resist the temptation of claiming to know how human social practice can be understood with recourse to a singular aspect (no matter how important) of such practice. I conclude that an excellent example of how to avoid such pitfalls is provided by Antonio Gramsci's writings, for they acknowledge the multifaceted yet nevertheless anchored existence lived by humans in capitalist societies.     

司法解释场域的“央地矛盾”及其纾解——以“地方释法”为中心的分析

在以统一法制为目标的法律解释体制下,最高司法机关供给的司法解释资源无法满足地方司法机关的释法需求,构成了司法解释场域的“央地矛盾”.为了缓解供需矛盾,地方司法机关开始自发转向“地方释法”,试图以发布地方释法文件的方式实现司法治理效果.中央虽对“地方释法”持禁止态度,但制定的相关规制规范却过于宽松,未能起到应有的限制作用...     

Why Do Social Work Practice Research?

Social work practice research focuses on researching all kinds of social work practice, including social work practice teaching, practitioner self-inquiry, and also social work services. In this article, first the dilemma of social work research in China will be analyzed; then the nature and position of social work research will be clarified; finally the procedure of practice research will be introduced. In short, the author intends to argue that as social work is a practice-oriented discipline, the creation of social work knowledge is for achieving social work professional goal and its research is practical and practice-oriented.     

External Pressures and Internal Dynamics in the Institutionalization of Performance-Based Budgeting: An Endless Process?

The well-known practice of performance-based budgeting (PBB) is a relevant component of the New Public Management (NPM) reform agenda and has become widespread, with varying approaches and results across countries. However, its variation within specific countries has remained largely unexplored. This study analyzes three organizations operating within the same context—three ministries in Italy—to contribute to a new understanding of PBB variation by illustrating why the same PBB practice can or cannot be implemented and internalized similarly across these organizations and thus become (or not) fully institutionalized. The study adopts and enriches the institutional approach by extending beyond isomorphic convergence toward PBB and explaining practice variation, linking the interactions between external pressures and internal dynamics at the organizational level to PBB institutionalization. The empirical analysis shows how a lack of alignment between external pressures and internal dynamics contributes to an unfinished and apparently endless process of institutionalization.     

People with disabilities working in the disability sector in Timor Leste: a study of ‘lived experience’ using PhotoVoice

Perspectives on disability originating from non-Western cultures are beginning to appear in disability literature, however discussions may become lost in rhetoric unless grounded in experiences of people with disabilities themselves. The purpose of this study was to investigate the lived experience of physical disability in Timor Leste with the assistance of a group of Timorese participants with disabilities who were employed in the disability sector. These participants recounted experiences of disability from their own lives together with their observations of people with disabilities living in remote parts of Timor Leste who often lived with stigma or deprivation. The participants thus described their own lived experiences against a backdrop of a non-Western culture. A picture emerged of a stigmatising culture where acceptance of disability is uncommon yet where significant attempts are being made to change attitudes to disability within the culture of Timor Leste.     

Why University Education Matters: Youth Work and the Australian Experience

In many countries youth work education in the university confronts a precarious future. Paradoxically, this takes place as the labor market is unable to meet demands for qualified practitioners. This article makes a case for further investment in university-based youth work education. While presenting labor demand and supply arguments, we also suggest that a good university education is important for producing graduates capable of becoming experts and good practitioners in the Aristotelian sense of the word. This entails the provision of learning opportunities to attain specialist knowledge, technical expertise and ethical capacities of the kind that distinguish youth work practice from other approaches to work with young people. Such an education also promotes the prospect that practitioners are able to develop a professional habitus that advances youth work as a discrete field of professional practice. While the material used in this article is Australian, we suggest there are sufficient commonalities between the Australian experience and many other countries for the arguments, findings and recommendations made here to have more general applicability.     

Creating Settings for Youth Empowerment and Leadership: An Ecological Perspective

Youth development programs are increasingly focusing on youth empowerment and leadership, a shift which often requires adult staff to adopt new roles and practices. This article explores staff practice in the context of a multisite initiative designed to engage marginalized youth in social change through youth-led grants. Interviews with youth workers and managers revealed practices at multiple ecological levels. Individual-level practices supported youths’ capacities to participate. Group-level practices fostered social interactions and activities that actualized the youth-led approach. Setting-level practices created structures that supported and protected group activities while organization-level practices promoted a favorable environment for youth leadership. Analyzed from an ecological and activity settings perspective, these results contribute to understanding the multifaceted and complex nature of youth work in power-sharing practice models. Practice implications include identifying training needs to help practitioners navigate across multiple ecological levels and suggesting reflection questions for practitioners.