公务员培训课题设置刍议

培训课程设置是公务员培训工作的重要环节,课程设置的任务是构建培训课程的内容和结构。它是基于对两种不同层次的课程设置的决策。培训课程设置受社会生产力发展水平、教育方针、培训政策以及历史文化传统等因素的制约和影响。培训课程设置的开发是一个周而复始的过程,其体现了强化课程设置开发全过程与培训教育外部系统的关系。     

Testing human hair for cannabis

To validate information on cannabis use, we investigated human hair and pubic hair for cannabinoids (THC and THC-COOH) by gas chromatography/mass spectrometry. Samples (100 mg approximately) were decontaminated with methylene chloride, then pulverized and dissolved in 1 ml 1 N NaOH for 10 min at 95 °C in the presence of 200 ng of deuterated standards. After cooling, samples were extracted by n-hexane/ethyl acetate after acidification with acetic acid. After derivatization of the dry extract by PFPA/PFP-OH, the drugs were separated on a 30-m capillary column and detected using selected-ion monitoring (m/z 377 and 459 for THC and THC-COOH, respectively). Forty-three hair samples were obtained from fatal heroin overdose cases. Among them, 35% tested positive for cannabinoids. Hair concentrations ranged from 0.26 to 2.17 ng/mg (mean, 0.74 ng/mg) and 0.07 to 0.33 ng/mg (mean, 0.16 ng/mg) of THC and THC-COOH, respectively. As is generally the case for other drugs detected in hair, metabolite concentration was always lower when compared to the parent drug concentration. In pubic hair, THC concentrations ranged from 0.34 to 3.91 ng/mg (mean, 1.35 ng/mg) and THC-COOH concentrations from 0.07 to 0.83 ng/mg (mean, 0.28 ng/mg). In most cases, the highest cannabinoid concentration was found in pubic hair, suggesting that this sample may be the more suitable for cannabis testing.     

论民事诉讼中对证人证言的质证

英美法系和大陆法系关于证人证言质证的规定各有特色,也都有利弊。我国在证人证言的质证模式选择上,应结合两大法系诉讼模式的长处和优点,实行审判长指挥下的质询方式,使质证模式朝弱式职权主义和强式当事人主义的方向发展。     

论未成年人的作证能力

我国由于证据立法的滞后 ,故无关于未成年人作证方面的专门规定 ,学界也很少对此涉及研究。本文首先分析了研究未成年人作证能力和必要性 ,然后基于国内外的比较法考察 ,提出了我国未成年人作证能力的确认标准和审查程序 ,最后提出笔者的立法建议。     

Procedural goods in a democracy: How one is treated versus what one gets

There are four classes of procedural goods, each of which is an appropriate ground for answering the question: “Is this a fair procedure?” (i) It is unfair not to treat a person with dignity; the dignity goods are self-respect, personal control, and an understanding of the procedures that determine relevant outcomes. (ii) It is unfair to impose upon a person heavy (net) costs, such as overburdened cognitive capacities and high information costs, excessively painful interpersonal conflict, threats beyond those inherent in the situation, and humiliation. (iii) It is unfair to disregard (but not necessarily to violate) the person's own sense of justice, the codes of honor and practice of his own group and culture. And, of course, (iv) it is unfair to use a procedure that does not have the highest probability of achieving distributive or retributive justice. Few of the standard articles of democratic theory (e.g., liberty, equal treatment before the law, rights, and sharing of power) offer sufficient protections for the first three of these procedural goods.     

Controlling the Police in Buenos Aires: A Case Study of Horizontal and Social Accountability

The article analyses the interaction between various forms of accountability on the basis of a case study of responses to the Federal Police of Argentina's practice of framing innocent victims. The failure of classic agencies of balance to establish accountability was compensated in this case by the creation of an ad hoc agency of oversight, an investigative commission established by the Attorney General, that interacted with social agents of accountability. The analysis points to the ambivalent role of the media in both supporting and exposing illegal police practices and shows that the cooperation between the commission and social actors was crucial to its success.     

反思司法潜规则

司法潜规则是指在司法机关内部通行或者认可的但未向外界公布的办案规则与程序。具体表现为自由裁量权过大;无原则的量刑迁就;侵犯人权的诉讼拖延;变相放人的监外执行等等。其产生的原因是,长期以来对程序正义的忽视;转型时期司法权力的异化;程序缺乏公开性和透明性。今天的司法正义是潜规则下被扭曲了的正义,要改变这一现状,必须要树立司法权威,加强程序法制;加强司法监督和权力制约;加强司法的公开度和透明度。     

关于证人翻证问题的思考

证人翻证的种类和原因颇为复杂。证人翻证后与当庭陈述相矛盾的庭前陈述在一定条件下可分别作为独立证据和弹劾证据使用;非法的庭前陈述既不能作为独立证据也不能作为弹劾证据使用。对证人伪证罪刑事责任的追究必须遵循特别的程序规定。     

公安刑事执法告知程序探讨

公安刑事执法告知是我国刑事执法诉讼活动的重要程序之一。刑事执法可分为责任告知,权利告知和知情告知。但在当前公安刑事执法告知程序及其履行存在着不告知、告知不全面、告知不及时、告知不记录等问题。究其原因主要是执法者执法理念差,法律意识不够和立法不完善。应当更新刑事执法理念,提高侦查人员的执法水平,总结经验,讲究告知方式,加强监督,完善立法,以确保刑事执法告知顺利进行。     

Juvenile Justice and the 'Shift to the Left'

The notion of 'shift' is used as a symbol for procedure in criminal cases, understood as a sequence of legal interferences by the police, the prosecution and by proceedings in court. If this sequence is symbolised by a horizontal line, the procedural stages move from left to right. But the distribution of competences has recently lost its prior balance, due to 'modern' crime and society: The functions of the judge appear reduced, whereas the range of action of the prosecution has widened; also the police has gained more influence. On the symbolic line of procedural stages this all makes for a 'shift to the left'. This paper deals with the question as to whether juvenile justice is undergoing the same changes. The first answer is 'yes', based on the enlarged diversionary competence of prosecutors and the police. From a different perspective, however, juvenile offending is a 'natural' phenomenon connected with young age, which a priori places juvenile justice on a 'left' position of the imagined line. A plea is made for this juvenile justice to stick to its inherent concern for young offenders individually and not to sacrifice this to collective interests in public order and safety.