积极刑法观的反思与批判

面对日益增加的社会风险,我国刑事立法不断扩张处罚的范围,这种立法的积极姿态也得到了学者的认同,从而形成了积极刑法观的主张。积极刑法观的含义包括理念、立法、司法三个方面,其与预防刑法观、风险刑法观与功能主义刑法观都存在不同。无论从现实还是从法理层面而言,积极刑法观都存在许多疑问。在现实层面,我国现行刑法的结构并非是厉而不严,而是又严又厉。刑法的但书规定意味着立法采取定性加定量的模式,这与积极刑法观的立论或多或少存在冲突。我国司法机关一直采取扩张解释乃至于类推解释来适用刑法,因此指望通过司法实践来限缩处罚范围的观点并不现实。在法理层面,积极刑法观导致了刑罚权的过度扩张,冲击了人的基本自由,因而抵触宪法;同时它也违反了谦抑原则和比例原则的具体要求,并且作为其依据的积极一般预防理论的根基并不稳固。在方法论上,必须重提"李斯特鸿沟"的重要法治意义。     

外商直接投资对中国产业结构升级的影响——基于粤苏鲁三省面板数据的时点个体固定效应分析

本文选取粤、苏、鲁三省2001～2011年第一、二、三产业的面板数据,采用时点个体固定效应模型,对外商直接投资对产业结构升级的影响做了实证分析,结果显示外商直接投资的进入促进了中国产业经济结构的升级.外商直接投资对第二产业的固定效应最大,其次是第三和第一产业.外商直接投资对第一、二产业的个体固定效应随经济发展水平的提高而降低;对第三产业的个体固定效应则随经济发展水平的提高而增强.外商直接投资对第一产业的时点固定效应呈一直降低趋势,对第二产业的时点固定效应则先升高后降低,对第三产业的时点固定效应呈先降低后升高趋势.     

犯罪嫌疑人虚假供述识别的心理分析———以贪污贿赂犯罪为例

说谎是人的天性,侦讯中贪污贿赂嫌疑人虚假供述呈现自愿、屈从、内化多种样态.趋利避害的本能,高的智商、情商,位高权重、专业、一对一隐蔽性等特征,使嫌疑人供述更具欺骗性,侦讯难度更大.实践中侦查员对“承认所做之事的陈述”内心确信度很高;而对“否认所做之事的陈述”多有质疑,两种有悖常理的例外,恰恰挑战的是人的经验、思维定势和认知判断能力.经验与思维定势,既体现技能、水平,又易导致偏差、错误.大千世界,人生百态,一切皆有可能,抽丝剥茧、去伪存真,真相只有一个.把握贪污贿赂嫌疑人的情境心理,借助心理学讯问技术、不失为破解侦讯难题一种新选择.     

The Arts,Social Health,and the Development of Cultural Indicators

Abstract

This paper explores the relationship between the arts and the growing research literature on social indicators in the United States. Building upon research and theory that identifies the need for indicators of “social health” that are broader than traditional measures of economic well‐being, this paper suggests that the arts are particularly useful terrain for conceptually extending quality of life research. After illustrating the broad range of thinkers who have argued that arts benefit society, the paper provides an overview of the various forms of arts data that are currently collected. Focusing on recent efforts to evaluate the quality of life within local communities and recent research on arts education, the paper suggests that scholars need to focus on building a clearer framework that connects arts data with the broader arguments about the social contribution of the arts. The paper concludes by identifying diversity, creativity, community, and participation as examples of concepts that can link existing arts data with the widespread belief in the democratic value of the arts, and argues that quality of life research needs to incorporate key community “assets”, including participation and practice in a vibrant arts world, into both the methodological and normative framework for defining social health.     

Modernisation and Political Management Arrangements: The Case of Redcar & Cleveland Borough Council

In the United Kingdom the Labour government has placed considerable emphasis on the need to modernise public services. In the case of local government, Labour's belief in the need for modernisation has resulted in radical measures to change local authorities' political management arrangements designed, in part, to achieve greater efficiency, transparency and accountability. In its response to the Labour government's agenda, Redcar &; Cleveland Borough Council established interim political management arrangements in May 2000 prior to the establishment of permanent arrangements. The permanent arrangements were to be decided upon following public consultation and a review of the interim arrangements. This article reports the outcomes and, in doing so, provides evidence of the impact of Labour's measures to achieve change in local government.     

Understanding Havel?

The presented article tries to make sense of Václav Havel, a man of many qualities and professions yet not a professional in the conventional sense of the word. The aim is to offer deeper insight into diverse cognitive elements which formed Havel's political reasoning and attitudes. The idea is to provide an alternative interpretation and get beyond the customary explanations expressed through traditional IR language seeing Havel as a dissident idealist who was pushed by some realist impulses to clearly define real political and later also geopolitical stands. In doing so, the article is divided into three parts. The first part discusses conceptual frameworks (rather than a single framework) within which Have saw and understood the political world. The middle part examines Havel's political agenda, namely the issues of the return to Europe, the German question, and relationships with Russia, the United States and toward multilateral institutions. The final part that utilizes primary data obtained through personal interviews with many Havel's close collaborators presents two faces of Václav Havel: the dramatist and the ideologue.     

CMD命令执行记录调查方法研究

作为计算机犯罪侦查中重要的证据与线索来源,CMD命令执行记录在揭示犯罪分子行为细节方面发挥着重要作用。本文在详细分析CMD命令执行记录于内存中的数据存储结构基础上,着重说明基于Win-dows操作系统内存转储文件的历史记录重建方法,并对过程中涉及到的具体技术与注意事项予以阐述。     

Unequaled Acts of Injustice: Pan‐Indigenous Encounters with Colonial School Systems

This essay reviews a recent film dealing with the forced removal of Australian Aboriginal children from their communities by the Australian government for the best part of 60 years. It uses the review to draw parallels between Australian Aboriginal ‘stolen generations,’ the colonial schooling experienced by the indigenous Maori of New Zealand, the ‘mission school syndrome’ suffered by First Nations people in North America, and the routine punishment for language offenders experienced by the Coorg people from India. Anachronistic as they may seem, such racist policies are not relics of the past but features of modern governance that have only been abandoned relatively recently. In some cases, their ramifications are only just beginning to be felt. Some of the implications for criminology are touched upon. The film is situated in the context of existing video and literary materials dealing with the issue of schooling as a tool for assimilation that readers may find equally informative.     

What restorative justice might learn from administrative theory

Two administrative ideal‐types related to competing forms of justice: retributive and restorative include ontological and epistemological foundations and associated organizational theory. The alternate understandings are coherently linked with the principles of justice informing retributive and restorative practices. Retributive justice is linked to formal organization based on instrumental rationality and individualist ontology, while restorative justice is linked to substantive organization based on ethical reasoning and relational ontology. Once constructed, ideal‐types can be used both to assess actual conditions on key characteristics as well as to make recommendations for organizational design. Therefore, conclusions are drawn about the importance of matching context to purpose, pointing toward further empirical research that will inform system design for restorative justice practices.     

Velvet Disillusionment: Czech Performing Arts and Twenty-Five Years of Transition, 1989–2014

ABSTRACT

The performing arts sector of the Czech Republic faces significant challenges twenty-five years after the Velvet Revolution, which ushered in swift and dramatic political, social, and economic change. Early policy decisions, subsequent privatization efforts, and neglect, compounded by the country's foray into the muddy waters of the free market, have left artists and administrators seeking solutions and searching for solvency. Empirical research, primarily in the form of surveys, site visits, and interviews with prominent Czech artists and administrators, significantly informs this article, which explores the state of Czech performing arts twenty-five years after the fall of Communism.