加入WTO:少数民族地区高校的挑战与机遇

本文从WTO与我国高校有关的条款及主要表现方式入手 ,研讨了我国少数民族地区高校的特点及WTO可能对少数民族地区高校的影响 ,分析了加入WTO后少数民族地区高校可能面临的挑战和机遇 ,提出了一系列可能遇到的原则性问题     

What explains the rise of majority–minority tensions and conflict in Xinjiang?

ABSTRACT

In the past few years there has been a rise of inter-ethnic violence in China. While ethno-cultural repression and ineffective state policies are correctly attributed as key culprits behind this reality, this article suggests that socio-economic factors play a fundamental contributory role as well. Using the Xinjiang case, the article maps ethnic tensions and violence as a manifestation and expression of a growing and heightened ethno-cultural consciousness stemming from ethnic minorities’ low socio-economic status due, in part, to internal Han migration, and a labour market process – involving agency and structure – that has shaped a split and segmented labour market.     

Family Representative Payeeship and Violence Risk in Severe Mental Illness

Although representative payeeship is prevalent among people with mental illness and shows promise to positively influence clinically relevant outcomes, research also suggests this legal mechanism could be implemented in ways that are problematic. The current study examined whether family representative payeeship was associated with elevated risk of family violence perpetrated by persons with severe mental illness (SMI). Data were collected every 4 months for 1 year in structured interviews with N = 245 persons with SMI who received disability benefits. Multivariate analyses showed that substance abuse, history of violence, frequency of family contact, and family representative payeeship were associated with elevated odds of family violence. Analyses also showed family contact and family representative payeeship had a cumulative effect on increasing the predicted probability of family violence (controlling for covariates such as violence history and substance abuse). The data shed light on the potential for family representative payeeship to be associated with increased risk of interpersonal conflict and violence in SMI.     

对“治安承包“的思考

"治安承包"作为一种"本土化"的预防犯罪模式,其产生是世界警务形势与我国社会治安现状相结合的产物,它其实属于社区警务改革的诸多法门之一。建立在社区警务基础之上的"治安承包"是有相应的理论和现实基础的,但也有令人思考的余地。     

When Public Protection Becomes Punishment? The UK Use of Civil Measures to Contain the Sex Offender

In keeping with many countries the UK has moved the problem of sexual offending up the political agenda. On the criminal justice side sentences have been increased and supervision periods extended. On the civil side a raft of new measures have been put in place to regulate the behaviour of sex offenders in the interest of community safety and child protection; this paper examines these measures and, in particular takes the sex offender ‘register’ as a case study to show how political imperatives have been brought to bear with little reference to the research or professional views of practitioners in this area. It is contended that under these political pressures, what starts life as a preventive, regulatory measure can easily become a more punitive measure in its own right; as such it may be liable to challenge by those subject to it for failing to fulfil its primary purpose and for straying across a line between the civil and criminal aspects of intervention.     

Distributive Justice and Crime

The heavy concentration of crime on a few areas, and the concentration on the chronically victimised within those areas, together illustrate the gross inequality of the risk of crime victimisation. This inequality also characterises other hazards of life. Criminology has too often reduced the problem of crime to the problem of the offender. Recognising crime hazard as an issue of distributive justice requires a different mind set. The Crime and Disorder Act 1998 recognises the drivers of crime as lying outside criminal justice, but does not put in place a panhazard analysis of the kind required, community safety being presented as a type of crime prevention. Movement towards panhazard thinking may well be somewhat facilitated by the workingthrough of the incorporation of the European Convention on Human Rights, actions flowing from section 17 of the Crime and Disorder Act, and a reconsideration of how emergency services might work.     

Questioning Appeals to Community within Crime Prevention and Control

This article casts a critical eye over some of the (often ignored) assumptions which underlie recent appeals to community in crime prevention and control. The article considers the philosophical origins, ambiguities and tensions within such appeals. In so doing, it draws explicitly upon the growth of community safety and to a lesser extent restorative justice in Britain and considers some of the implications to which this shift may give rise. In particular, it focuses upon the manner in which appeals to community converge and collide with changing social relations which may undermine their progressive potential. Specific attention is given to the implications of: increasing social and spatial dislocation; the commodification of security; and policy debates about a growing underclass. It is argued that there is much confusion as to how, and to what extent, communities can contribute to the construction of social order. Within the dynamics of community safety and crime control practices there are dangers that security differentials may become increasingly significant characteristics of wealth and status with implications for social exclusion. This questions the extent to which crime is an appropriate vehicle around which to (re)construct open and tolerant communities.     

Community Penalties in the United States

The author discusses some background matters concerning the US criminal justice systems that may provide useful context for non-US readers, and summarises the main general conclusions about the operation of community penalties from two decades' research. He also briefly summarises research concerning each of the major penalties that have been attempted. Why American jurisdictions have been comparatively unsuccessful at use of community penalties as alternatives to incarceration and whether that lack of receptivity can be changed is discussed in the conclusion.     

论我国社区矫正工作人员的"1+X"模式

我国社区矫正工作人员的构成应采用"1+X"模式.在"1+X"模式下,"1"指矫正官,是专职从事社区矫正工作的国家公务员,主要从事社区矫正过程的刑罚执行、行政管理等工作."X"指除矫正官以外的工作人员,包括司法社工、社区矫正志愿者等,应由社会组织担任,主要从事社区矫正过程中的服务性工作.     

我国夫妻财产制立法若干问题探讨

新近征求全民意见的婚姻法司法解释(三)草案凸现我国夫妻财产制立法存在诸多问题。我国现行法定夫妻财产制是婚后所得共同制。对法定夫妻共同财产范围的界定应遵循婚后所得推定共有的准则,其法理依据是夫妻之间存在的协力关系。夫妻财产制契约是夫妻之间就采用何种类型的夫妻财产制所订立的协议。夫妻财产制契约与一般财产契约不同,其直接产生夫妻财产法上的效力,即以双方当事人选定的财产制度替代法定财产制的适用。无论法定共同财产制还是约定共同财产制都存有一定缺陷。在我国夫妻财产制结构中增设非常财产制可以弥补共同财产制之不足。