当事人启动重新鉴定的行动策略——兼论刑事重新鉴定启动机制的合理化改革

基于中国刑事法律的规定,当事人向侦控机关与法院申请重新鉴定,而至于是否被许可,则由三机关自由裁量。因申请主体与决定主体的二元分离,二者之间难免产生对立与冲突,故当事人为自身之利益而在实践中展现出系列行动策略,其目的是为了说服、甚至支配办案部门启动重新鉴定;该行动策略反映出当事人不满官方鉴定意见的案件结构特征。然而,当事人行动策略的恣意、非法、甚至暴力．说明中国目前的重新鉴定启动机制需要适当变革．以减少乃至限制当事人不合理的救济方式。     

The Use of Beheadings by Fundamentalist Islam

Beheadings have made a dramatic resurgence in the past four years especially with the introduction of videotaped executions broadcast in the mass media. The use of beheadings has a longstanding history. Beheadings have been used in a state and non-state capacity, for punishment or intimidation, against leaders, civilians and warring combatants, during times of peace and that of upheaval. Beheadings today reproduce the characteristics of past beheadings as well as deviate from them. Contemporary beheadings have taken on a more criminal nature while beheadings of the past had more legitimacy and some even were considered honorable. Current beheading tactics include unexpected and illegal targets, unorthodox and barbaric techniques, and irregular display to an unprepared public. Although Islamic militants are the predominant beheaders, there is evidence that beheadings are being conducted by non-Islamic entities and in unexpected locations. If the current trend in the use of beheadings continues, it will be necessary to develop countermeasures, which will be facilitated with an understanding of the political, cultural, and criminal motives of the beheading offenders along with their tactics.     

The limits of economic globalization in East Asian developmental states

Abstract

In an attempt to adjust to economic globalization or internationalization, East Asian developmental states have liberalized their domestic economic systems, accelerating the introduction of the free‐market ideology. Despite their plan to establish the internationally compatible open‐market economy, however, the extent to which they can advance economic liberalization is limited. Political and economic burdens that the developmental state's extensive intervention in the market has incurred in the course of state‐led mercantile economic development, make it impossible for those states to execute full‐scale economic liberalization. The South Korean case clearly shows this. The Korean developmental state retains two major economic burdens: the exclusive ownership and the poor financial structure of the chaebôl. Insofar as Korean big business preserves those weak spots, the government cannot surrender the power of regulation despite its spontaneous implementation of the economic liberalization policy. In addition, the common ‘egoistic’ interests which government bureaucrats and the political class share also limit the degree to which economic liberalization policy can be implemented. The degree of state intervention in the market in Korea has been deeper than that in Japan which pioneered Asian developmental statism, and, thus, the political and economic burdens it has incurred for itself are heavier. Consequently, the East Asian developmental state cannot entirely withdraw its intervention in the market. The ‘support’ of industries is likely to diminish, but ‘regulation’ for the formation of the autonomous market will increase. For the Korean developmental state, globalization and economic liberalization are political economic slogans to re‐launch economic growth and to elevate the international economic competitiveness of industries under the initiative of the state, and motivated by nationalistic reasons. Hence, the role of the state in the market is still far from becoming redundant even in the tide of globalization and economic liberalization in the case of South Korea, where the legacy of strong developmental statism remains considerable.     

Crafting and dismantling the egalitarian social contract: the changing state-society relations in globalizing Korea

Abstract

Between the late 1960s and the early 1980s, the Korean developmental state implemented a series of drastic egalitarian educational policies that were primarily geared toward social integration. While promoting social mobility and educational expansion, they provided the basis of the egalitarian social contract in Korea's educational policymaking for decades. Since the 1990s, however, the Korean state has implemented neoliberal education reforms that led to the rapid dismantling of the egalitarian framework for the country's educational policymaking. These neoliberal reforms were strongly supported by the affluent middle class that prefer elitist education and can afford expensive private education. The general direction of change in Korea's educational policymaking suggests both significant change and continuity in the character of the Korean state and its relations to society since the 1990s. The contemporary Korean state still maintains a highly strategic and activist orientation in adopting and implementing policies although its policies are increasingly neoliberal in content. In doing so, the Korean state is gradually abandoning its broad social base and mobilizational capacity, while increasingly connecting with the upper segments of the middle class.     

Crisis management and the diversity of capitalism: fiscal stimulus packages and the East Asian (neo-)developmental state

Abstract

This paper contributes to the understanding of East Asian capitalism by investigating the political economy of crisis management in Japan, Korea and China during the global economic crisis. Reacting to the global shock of the economic crisis that began in 2008, East Asian capitalism has remained a distinct state-led model that differs substantially from the liberal, neo-corporatist or welfare state varieties of capitalism in the West. More specifically, this paper studies the fiscal stimulus packages implemented by East Asian countries to address the global financial crisis from 2008 to 2010. We find that East Asian fiscal stimulus packages were comparatively large and supply-side-oriented. Unlike in the West, where a (short-lived) revival of demand-side-oriented Keynesian strategies stimulating consumption could be observed, East Asian countries reinforced industrial policies and supported investment and international competitiveness. We argue that the East Asian variety of crisis management can largely be explained by a path-dependent transformation of the East Asian developmental state into a neo-developmental competition state.     

China in East Asia: The process and implications of regionalization

This paper assesses the impact of foreign direct investment on China's integration into the East Asian regional economy. The phenomenal growth of investment since 1992 has both benefited from, and also fuelled, the growth of local autonomy in post‐Mao China. The central state's ability to control the process of integration has subsequently been significantly undermined as the relationship between the local and the international becomes ever more important. While the tendency to emphasize low cost production advantages has attracted considerable inward investment in some areas, impressive short‐term growth rates may hide less beneficial long‐term consequences for China's position within East Asia, and for the trajectory of China's development in general.     

房产税调控商品房市场的效果与对策分析——以重庆、上海、北京为例

我国市场经济发展中商品房市场具有自住需求与投机投资的双重功能,国家为保障百姓生活安居乐业、国民经济协调发展,"新国五条"中通过扩大"房产税"开征范围,以支持自住需求、抑制投资投机行为调控商品房市场,在辩证分析其积极作用的同时,一定要注重其社会负效应的降低。     

警察战术与军事战术异同辨析

警察战术是军事战术在维护国家法律和治安秩序领域的具体运用。警察战术与军事战术既有很多共同之处,在性质和方法上又有明显区别。警察战术的发展受军事战术影响,受法律和司法实践的制约,并且在它们的相互交叉影响和互动作用制约下,形成自身独特的特点和发展道路。     

成人高校学报竞争优势的培育

市场经济条件下成人高校学报的创新与发展，应该在充分发挥自身特色的基础上确立自己的目标市场，并制定相应的竞争策略，在市场运作的实践中培养起自己的竞争优势。其目标市场应选择在技术理论及其应用的文化层面上；其方向性策略应该是面向成人教育、面向实际工作、面向应用；其竞争优势的培育主要应从编辑队伍人才结构的整合、联络中心组织职能的延伸、设栏用稿的导向、竞争机制的强化等方面下功夫。