系列性流窜跳跃式案件侦查范围与方向的最优确定

侦破流窜系列犯罪案件的关键是明确侦查范围与方向,在侦破系列性流窜跳跃式案件时,建立侦查依托阵地,可以用先行涵盖、动态调整的方法圈定侦查范围,继而在侦查中逐步缩小范围发现犯罪嫌疑人,同时注重研究侦查方向与侦查范围之间的特定结合,为侦破案件创造条件。     

试论清末民初时期国家权力在乡村的渗透——基于小说《白鹿原》叙事的考察

清末民初,＂国权不下县＂的状态被打破,国家权力开始向乡村社会下沉,中央政权通过建立区乡制度、重建保甲制度以及通过国家法和民间法的博弈攫取乡村社会的统治权,对乡村社会进行官治。     

公安机关文职雇员制度探析

自从2003年上海浦东分局作为首个试点文职制度的公安机关以来,公安文职制度已经走过了8个年头。作为旨在扩充基层警力、提高警察专业性的措施之一,公安文职制度日益发挥着巨大的功效。将警力置换出来投入到执法一线,提高非执法工作的专业化水平,公安文职制度担负着巨大使命。我国公安文职制度起步晚,理论基础十分薄弱,加强相关研究实为当务之急。     

法治化：河南省永城市社会治安管控模式永续之路

河南省永城市的社会治安管控模式引起学界和司法实务界的关注,它的主要特点是以防为主、打防并举,其主要做法可以作为标本在同类型的中小城市复制,但要实现这种模式的永续,有待于将其法治化。     

浅析诉访分离对政法工作的新挑战

近年来,涉法涉诉信访案件居高不下,“群体访”、“越级访”、“重复访”情况时有发生,信访人及近亲属缠访、闹访情况比较严重.依法妥善解决涉法涉诉信访问题,诉访分离是关键.诉访分离是解决涉法涉诉信访问题的有效途径,政法机关唯有理性改革、整合资源、完善机制、正确面对,才能适应修改后的民事诉讼法和司法改革的需要,才能引导好、处理好、解决好涉法涉诉信访难题.     

When Law and Order Returned to Denmark

The international trend toward increased use of punishment has been visible in Denmark since the early 1990s and has accelerated in the first years of the new millennium. As in other countries the trend cannot be explained by changes in crime or a political turn to the right. The increased use of punishment in (post) modern societies undoubtedly has a very complex background. The primary explanation put forth in this article is that it is based on a radical change in the human conditions and in the way people relate to their world. It is an existential revolution and, as such, it has emerged ‘from the bottom’ of society. This suggestion is not offered as an alternative to existing explanations that have been mainly dealing with factors and matters ‘from the top’ of society, such as changes in and of the political system (e.g. populism), the mass media (e.g. alarmism), the social organization of society (e.g. bureaucratization and/or industrialization), and globalization (e.g. imitation and/or internationalization of penal law). Rather, the hypothesis should be viewed as an important supplement to these existing theories and explanations.     

Trials of Women for Homicide in Nineteenth-Century England

This study examines the rates of trial of women on charges of murder at five yearly intervals from 1845 to 1900. Most women in the nineteenth century were charged with murdering their new-born infants or older children, though few were convicted. Also discussed are the rates of trial for charges of "concealment of birth," a charge frequently used when a jury was reluctant to convict an accused woman of the more serious charge of murder.     

Hacia un modelo de atención a la discapacidad basado en los derechos humanos

The social model of disability is presented as a new paradigm of the recent disability treatment, that has had theoretical and legal current development. It is a model that considers that the origins of disability are not either religious or scientific, but social in a great measure. From this new perspective, it is emphasized that the population with disability can contribute to the society in the same circumstances that the rest of the population, which integrates the society, all this from a valorization of the inclusion perspective and respect of diversity. This model is closely related with certain essential values which underline the human rights, such as human dignity, individual freedom and equality; all these conduce to a decrease of barriers and lead to a social inclusion that sets basis to principles as: personal autonomy, nondiscrimination, universal accessibility, environmental normalization, civil dialogue, inter alia. The premise is that disability is part of a social construction, and it is not the deficiency created by the society itself what limits and prevents people with disability to be included, to decide or to design autonomously their own life plan with opportunity equality.     

A comparison of wrongful convictions in death penalty cases between China and the United States

In recent years, both China and the United States (US) have discovered numerous wrongful convictions, including several cases in which innocent people have been sentenced to death. These discoveries have led both countries to reform the death penalty but the extent and nature of the reforms in each country have been greatly different. This article explores the similarities and differences between the nature of wrongful convictions in death penalty cases in China and the US. It will also compare the reforms undertaken in each country. On the whole, the US has made greater progress in the prevention and correction of wrongful convictions involving the death penalty, especially in the areas of evidentiary rules and post-conviction review. In order for China to match America's success, it is necessary that China adopt more substantive reforms. China should learn from America's experience and should continue to adopt international standards of criminal justice, such as due process rights, the presumption of innocence and the exclusion of illegally obtained evidence. In the interim, China should immediately suspend all executions until adequate reforms can be carried out. Ultimately, China should surpass the US in criminal-justice reform and in the field of human rights protection by completely abolishing the death penalty and creating a more effective mechanism for criminal punishment.     

论小公司立法规制的三种模式

进入21世纪以来,一些西方发达国家纷纷大幅度调整了公司立法,其共同特点是增强了对小公司发展的促进措施。公司法在处理小公司问题上有三种不同的模式．即特殊的公司形式、公司的替代形式以及采取“小公司优先”原则。其中”小公司优先”原则又可以采取不同的实现方式。