论辩护人妨害作证罪之行为方式

辩护人妨害作证罪的行为方式是威胁、引诱证人违背事实改变证言或者作伪证。其中威胁是指辩护人意图以杀害或者伤害证人及其近亲属、毁坏财产、破坏名誉等相恐吓,对证人的精神进行强制,造成证人精神上的恐惧、心理上的压力和自由意志的抑制,从而使证人处于"不敢"抗拒的境地而违背事实改变证言或者作伪证。引诱是指辩护人以诱使证人违背事实改变证言或者作伪证为目的,采取金钱、物质或者其他利益的方法,诱使证人违背事实改变证言或者作伪证。     

论行政代履行第三人

《行政强制法》第50条规定,当事人不履行行政决定时,行政机关可以委托无利害关系的第三人代为履行。代履行仅是行政事务的代实施,而非公权力的代行使,第三人与义务人都是行政决定的履行者。而第三人在代履行实施过程中,往往存在"机会性"、代履行费用难落实、代履行行为致损等问题,因此,必须依法规范代履行行为,切实保障代履行报酬,不断完善代履行行为的损害救济。     

MARKET WATCH

正OPINION devaluation Is Temporary The exchange rate of the yuan against the U.S.dollar has been depreciating since January.This is the biggest depreciation since China’s exchange rate reform in 2005.What are the reasons for this round of yuan devaluation?How long can it continue?And how will the yuan exchange rate fluctuate in the future?To answer these questions,one must conduct a comprehensive analysis on the     

Xi Jinping Holds Talks with Czech President Milos Zeman

正President Xi Jinping held talks on October 27 with President Milos Zeman of the Czech Republic.Xi made a point of mentioning that President Milos Zeman’s visit was on the occasion of the 65th anniversary of the establishment of diplomatic relations between the two countries;also the special significance of its being the first visit by the head of state of the Czech Republic to     

Updating International Law Enforcement Ethics: International Codes of Conduct

For any profession, establishing codes of ethics that are both practically relevant and up to date is an ongoing challenge. Law enforcement is no exception to this as agencies are faced with an evolving modern environment. With changes in technology, types of policing, and sources of societal conflict there is a potential array of new or evolving ethical considerations that confront the profession. Attempts to distill and prescribe law enforcement ethics at the international level have resulted in the creation of the “Law Enforcement Code of Conduct” of the International Association of Chiefs of Police (IACP) and the “Code of Conduct for Law Enforcement Officials” of the United Nations (U.N.). However, both these codes were created decades ago, so they do not cover some of the more contemporary ethical issues that have arisen. This article compares the content of the IACP and UN codes and identifies a range of ethical issues either absent or insufficiently addressed. Normative themes and issues are organized around the following topics: difficulties in applying the codes, human rights and the use of force, misconduct and integrity, and enforcement and accountability.     

Gender differences in the association between conduct problems and other problems among adolescents

The present paper examines whether there are gender differences in the associations between various dimensions of conduct problems and other problems in adolescence. Other problems studied are both of an externalizing nature (substance use) and an internalizing nature (suicidal behavior and emotional problems). Data stemmed from a large general population sample of Norwegian adolescents (N=9?342). On the basis of earlier studies, conduct problems were decomposed into three dimensions, labeled ‘Theft and vandalism’, ‘School opposition’ and ‘Covert behavior’. The first dimension includes different kinds of stealing and violence against objects, whereas the second includes school-related conduct problems of an overt aggressive kind. The last dimension reflects avoidance of arenas under adult control. Whether or not gender differences were detected, depended on the kind of conduct problems considered. We observed stronger associations between two dimensions of conduct problems, theft and vandalism and school opposition, and other problems among girls than among boys. There were no male/female differences in the associations between covert behavior and other problems.     

Who ‘Owns’ the Streets? Ritual Performances of Respect and Authority in Interactions Between Young Men and Police Officers

Joining insights from the work of Richard Sennett and Erving Goffman, I probe the power relations which underlie the performances and negotiations of respect and authority in interactions between young men and police officers. Two cultures or codes of conduct most often clash in these confrontations, which interestingly enough bear some key similarities. The officers from the local police office that I observed attempted to avoid unnecessarily engaging youths in confrontations and thereby evaded contests of face. Their assignment in the field was to make their presence felt in the area they were patrolling and to bring the youth to an understanding that they were sharing this territory with them. The officers from the ‘street peace group’ had a different agenda and sought out confrontations with youths and thereby engaged them in public show‐downs over face. Their assignment in the field was to bring respect among the youth for the authority of the police, that is, to force a submission to their authority, and this is most readily accomplished through contests of face—contests in which they had the upper hand and through which they demonstrated time and again that they (the police authorities) controlled the streets (at least momentarily).     

Do government sponsored marriage promotion policies place undue pressure on individual rights?

The dominance of social science research in the debate over the Bush Administration’s Healthy Marriage Initiative may explain why questions regarding the proper role of government in regulating adult intimacy have received little attention. Social science research focuses on outcomes such as well-being and health. In contrast, rights-based legal theory considers whether state action undermines the rights of individuals. In this article, I intend to shift the debate over marriage promotion policy from questions of child well-being to questions of individual rights. I will ask the following questions: Do individuals have a liberty interest in making their own choices about intimate relationships, such as marriage? Do federally-financed (and frequently state-run) marriage programs compromise this liberty interest? Are there any constitutional grounds for objecting to marriage promotion policy?     

养老保险改为分账管理后面临的问题和对策

国务院于2000年底决定进行完善城镇养老保险的试点,试点的主要内容是实行个人账户的实账运营和统筹账户与个人账户的分账管理.这一试点必然带来个人账户基金平衡、财政补贴增大、代际负担不均衡、基金保值增值等问题.为此,实行试点后必须采取以下对策;加大征缴和管理力度、调整个人账户记费率、调整个人账户发放比例、延长职工退休年龄、发行长期国债、变卖部分国有资产.     

反腐倡廉与警风建设

廉政建设关系到党的执政地位和国家长治久安,意义重大。要加强对权力运行机制的制约和监督,把权力关进制度的笼子里。要切实抓好党风和警风建设,提高人民警察的业务素质和公安队伍的整体作战能力,提高公安队伍文明执法的水平,为社会主义现代化建设服务。