控制下交付论纲

控制下交付作为打击毒品犯罪尤其是跨国的有组织的毒品犯罪的重要措施和手段 ,已发挥出越来越重要的作用 ,是其他缉毒措施和手段所无法取代的。有鉴于此 ,世界各国纷纷通过有关法律对控制下交付予以肯定和规范 ,并积极地运用于缉毒斗争中 ,取得了显著的成效。但是控制下交付的艰巨性和复杂性又决定了运用该项措施必须注意策略与方法 ,否则极易功亏一篑 ,导致不利局面的出现     

Attention to Detail: The Conservative Policy Agenda

Since 2001 (if not since 1997) the Conservative party has struggled to develop a coherent set of policies with which to provide a credible alternative to the Blair government. A second successive crushing election defeat fuelled the ongoing debates in the Conservative party, between those who were convinced of the need to steer towards the centre ground, thereby reviving the Conservative's 'one nation' tradition, and those who wanted to place clear blue water between themselves and New Labour, and thus adhere to Thatcherite radicalism. The Conservatives have therefore appeared to struggle in developing clear, alternative policies on such issues as 'tax-and-spend' and public service reform and delivery. They have, however, inched hesitatingly towards a more socially liberal stance on various issues. A major problem for the Conservatives has been that the Blair governments have actually continued with, or consolidated, many policies inherited from the Conservatives in 1997, thereby making it even more difficult for the Conservatives to articulate their own distinct policy agenda. This is likely to contribute towards a third heavy defeat for the Conservative party in the next general election.     

论出卖人交付标的物地点的确定——解析合同法第141条

合同法第141条对于出卖人交付标的物的地点依据标的物是否运输而作了不同规定,但是对于标的物是否需要运输的具体含义则没有明确。该条第2款的适用前提的规定以及具体交付方式的要求也都存在一定的缺陷,比较合同法与联合国国际货物销售合同公约以及美国统一商法典的相关立法,合同法本条的立法容易产生歧义和矛盾,无助于填补合同空白,因而应以出卖人是否负有运输义务而非标的物本身是否需要运输作为区分标准。     

Life after judgment: the Nokotyana case re-examined*

The progressive realisation of socio-economic rights as enshrined in South Africa’s Constitution remains a pipe dream for many poor and vulnerable people, 23 years after the collapse of apartheid. In the case of Nokotyana and Others v Ekurhuleni Metropolitan Municipality and Others, the Constitutional Court (CC) decided on the interpretation of the rights of access to basic services such as sanitation and high mast lighting. In this case, community members from Harry Gwala informal settlement near Johannesburg compelled the state, through courts of law, to upgrade the settlement and to provide basic services. Although the CC did not engage with the content of the socio-economic rights claimed by the community, it did eventually order the state to upgrade the settlement within fourteen months of the judgment. This article discusses the extent to which the state complied with the judgement and what kinds of challenges were experienced in implementing the court order. Empirical data was collected through interviews with different actors. The findings highlight the complexities surrounding implementation of the court judgement.     

The Effect of Temperature and Laboratory Rearing Conditions on the Development of Dermestes maculatus (Coleoptera: Dermestidae)

Experiments were conducted to study the life cycle of Dermestes maculatus and to establish the total developmental time and the developmental time of immature stages, in relation with six different temperatures. We also analyzed the variations in size, morphology, and other indicators of temporal variation during life cycle of D. maculatus, in relation with temperature. One hundred larvae were selected per experiment, reared individually. The remaining larvae were reared to evaluate and establish temporal variations among the instars (length, cephalic width, and dry weight). In all trials, survivorship was greater than 50% and seven larval instars were found. Data of the average developmental time of immature stages and of the total cycle, at different temperatures, are provided. This is of relevance when estimating particularly, a minimum PMI. No relation between morphometric parameters and temperature was found, suggesting that other random factors may have been involved. Thus, this indicates that the method of isomegalen diagrams could not be used for calculating PMI.     

Parental attitudes following exposure to child abuse prevention campaign materials: a randomized trial

The purpose of this study was to evaluate child abuse prevention campaign materials. Using a randomized posttest design, 600 parents from an online research panel were recruited and surveyed. Multiple regression results indicate that exposure to the campaign materials had a significant relationship with four of the five domains (effects of child maltreatment, the appropriateness of harsh parenting, the physical dangers and needs unique to childhood, and the power to prevent child maltreatment). These results have implications for the child abuse prevention practitioners who seek to design and distribute effective campaign materials.     

“电放”法律属性透析

针对海运货物交付中常见的电放作业的各种实务形态,分析其法律属性及各方当事人的法律责任,在此基础上指出不能把电放和无单放货或错交货物混为一谈,并对规避电放业务中的特殊风险提出具体建议。     

Is it really performance that is measured？ A reflection of the South African Government＇s performance management system

The institutionalisation of performance management in the South African public service is a post-1994 intervention necessitated by the need to counteract the legacy of poor performance in public service institutions. Performance management as an integrated system is not a standalone intervention, but has direct links with other organisational processes. At both the micro- and macro-levels, PMS （performance management system） recognises institutional performance relationships between individuals＇, teams＇ and departments＇ performance contributions for attaining government performance targets. These institutional performance relationships in the South African public service have attracted excessive attention, whilst their performance impact in communities has been overlooked. In addition, the interdependence between the dichotomies of PMS： institutional performance relationships and performance impact have also been overlooked. In the South African context, this condition creates a disparity in terms of which government employees are rewarded for outstanding performance, whilst targeted beneficiaries express dissatisfaction, often with violent protests, over government＇s performance in the delivery of basic services. The protestors cite poor service delivery in prioritised key performance areas of the South African Government. The granting of performance rewards to government employees is an expression of performance excellence, which should translate into quality service delivery. Such delivery should not only meet the levels of service delivery expectations of targeted communities, but should also result in their total satisfaction. The article is founded on the basis that any disparity between targeted beneficiaries＇ service expectations and level of satisfaction can be linked directly to government progress in PMS implementation.     

浅析商品房交付中的几个法律问题

交付在商品房买卖合同中具有重要的法律意义,它不仅与房屋所有权的变动和风险责任的承担有着密切的关系,同时也是确定保修期限、办理房产证的起算日的依据等。商品房的交付必须具备法律规定的条件,只有经竣工验收合格并取得《建设工程竣工验收备案表》的商品房方可进入房地产市场流通。     

辩护律师证据知悉权独立化研究——以与控方卷证移送关系为视角

无论是英美“起诉状一本主义”还是意大利“法官卷宗”移送制度,都对辩护律师证据知悉权的实现不起决定性作用。在我国司法实践中,辩护律师的证据知悉权因完全依赖于控方卷证移送而受到“主要证据复印件移送主义”的压制。辩护律师证据知悉权只有摆脱控方卷证移送方式的绝对控制,获得自身的独立性,才有可能最大限度地得到实现。