论《治安管理处罚法》的域外效力

法无明文规定、没有上位法根据、举重以明轻、人权保护和尊重行为地国法律是《治安管理处罚法》没有域外效力的主要根据。《治安管理处罚法》没有域外效力会导致相关刑事案件侦破困难、规避《治安管理处罚法》行为多发、同样的违法行为不能同样对待和对违法行为地扩大解释牵强等问题。《刑法》与《治安管理处罚法》的衔接、属人主义和保护主义的双重优先性、尊重受害人意志和对"举重以明轻"的正确理解是《治安管理处罚法》应该有域外效力的根据。通过增加规避《治安管理处罚法》行为是治安违法行为、司法解释明确、实现《治安管理处罚法》与《刑法》的全面衔接和公安部解释等途径,可以具体实现《治安管理处罚法》的域外效力。     

“单边”到“多边”——布什政府对奥巴马政府对朝政策的影响

美国布什政府对朝政策有其产生的根源和国内外的制约因素,形成了"单边"到"多边"的对朝政策转变过程并表现出特有的规律。对此认真分析和研究,有助于我们对布什政府的"单边"到"多边"的对朝政策进行整体和宏观把握,厘清布什政府对奥巴马政府对朝政策的影响。     

‘Coping with the job’: prison staff responding to self-harm in three English female prisons: a qualitative study

This study considers how those who work in prisons are affected by and respond to repetitive self-harm of imprisoned women in English prisons. This paper considers the perspectives of custodial staff working in this area on a day-to-day basis. Semi-structured face-to-face interviews were conducted with 14 prison staff and explored using techniques of thematic analysis. The interviews examined: the emotional impact of working with and witnessing self-harm incidents, coping strategies used, training and the support available to prison staff. Findings indicate the strategies used by staff to cope emotionally with such incidents and these include presenting a ‘façade of coping’, rejecting support and becoming desensitised. It is concluded that staff felt they must portray themselves as coping well with self-harm in prison even when they were troubled and emotionally affected by it. However, some did describe accepting help when outside of the prison and this has implications for how support can be offered in the future. It is recommended that more should be done to support and train staff in this area.     

To be committed or not: examining effects of personal and workplace variables on the organizational commitment of Southern prison staff

This study examined how personal and workplace variables were related to organizational commitment among staff working at a large Southern prison. The personal variables were gender, age, position, tenure, educational level, and supervisory status. The workplace variables were assessment of training, job variety, role clarity, input into decision-making, and instrumental communication. The results indicate workplace variables play a greater role in shaping affective commitment of surveyed Southern prison staff than do personal variables. The personal variables explained only 10% of the variance in the commitment index, while workplace factors accounted for approximately 59% of the variance and were significant determinants of organizational commitment among the respondents. In the multivariate regression analysis, age, assessment of training, job variety, role clarity, input into decision-making, and instrumental communication all had positive associations with commitment. Educational level had a negative relationship with commitment. Implications of these findings for policy and future research are also discussed.     

Capital Offenders in Texas Prisons: Rates, Correlates, and an Actuarial Analysis of Violent Misconduct

This study analyzed the records of 136 recently incarcerated capital murder offenders in the initial phase (M = 2.37 years, range = 6-40 months) of their life sentences in the Texas Department of Criminal Justice. Prevalence rates of institutional violence were inversely related to severity: potentially violent misconduct (36.8%), assaultive violations (14%), serious assaults (5.1%), and homicides (0%). Consistent with prior studies, factors correlated with assaultive misconduct included age (inversely), prior prison confinement, and concurrent robbery or burglary in the capital offense. A simplified Burgess scale entitled the Risk Assessment Scale for Prison-Capital (RASP-Cap) was moderately successful in identifying varying levels of improbability of committing violence-related misconduct however defined (AUC = .715-.766).     

改革开放三十年上海外国人证件管理的变化

改革开放三十年,上海外国人证件管理工作发生了巨大变化。从机构设置、人员编制、签证和居留证等出入境证件的种类与样式,到工作职能与业务等,都有了飞速发展和变化。通过健全和完善执法体系,理顺办理外国人证件工作,优化出入境口岸签证窗口功能,来沪外国人累计人数是改革开放前的100多倍,为吸引外国籍高层次人才和资金、促进国家经济建设发挥了积极作用。     

Narcotics and Drug Abuse

Fifty years ago, the U.S. President's Commission on Law Enforcement and Administration of Justice saw drugs as a modest but growing problem for the criminal justice system. The reemergence of heroin occupied the Commission's attention. Many recommendations are admirable, such as a focus on public health interventions and a concern about the appropriateness of criminal prohibitions on marijuana use. Throughout the past 50 years, the problem has both massively expanded and changed in many ways; the principal drug of abuse has shifted multiple times, as has the populations most affected by them. Policy, largely stuck on tough enforcement for 30 years, is now moving in a direction more consistent with the Commission's views. Researchers have made only modest advances in understanding what enforcement can do to reduce drug use and related problems, but society has made some progress in developing interventions that have both a sound theoretical base and the promise of avoiding the unintended negative consequences of the highly punitive system of the 1980s and 1990s. A Commission in 2018 would face a much different and larger problem that has transformed many aspects of criminal justice. Investing in more data collection and evaluation research would be among its major recommendations, as would an admission of considerable uncertainty about what to do with the latest twist in the U.S. drug problem, the addition of the much more dangerous fentanyls.     

中国行政程序立法论纲

实现中国行政程序法典化势在必行。我国行政程序法立法即将启动。探讨行政程序及行政程序法制化的功能、各国行政程序法立法的历程及启示,有利于讨论我国在行政程序法立法过程中应处理好的几个关系、立法原则和基本框架。     

Restitution, Rectification, and Mitigation: Negligent Solicitors and Wills, Again

A solicitor, when drafting a will, can owe a duty of care in tort to the intended beneficiary of a bequest under that will. The Court of Appeal has recently confirmed that where a solicitor has misdrafted the will, the intended beneficiary can sometimes rectify it, and recover the intended gift. The pattern of this rectification is restitutionary, raising the question analysed in this article of whether an intended beneficiary can have a direct personal action in restitution to reverse the unjust enrichment of an unintended recipient. It seems that, though fraught, such an action may indeed in principle lie.     

官僚制在中国行政组织中的缺失与发展展望

20世纪80年代以来,官僚制在西方遭到了前所未有的批评,而中国的官僚制发展则明显不足,低效、缺乏理性的官僚主义却日渐盛行。官僚制的核心精神符合中国特殊的行政环境,而中国行政改革目标的实质也与官僚制具有一致性,因而,在中国应加强官僚化的力度,要吸取理性官僚制的精华,借鉴新公共管理运动的经验,加快社会主义民主建设,输入新的行政理念。