加强公安信息化建设实现公安基层基础信息共享——从一起吸食新型毒品案件调查过程中产生的联想

随着计算机日益普及,信息化建设日趋重要。本文通过一起新型毒品案件调查,发现并分析了当前公安基层基础信息建设过程中存在的问题及原因,建议:1.创建打防一体信息共享机制;2.建立基层民警信息化工作正确观念,提高基层民警信息化工作素质;3.施行实有人口管理,建立漏管失控责任追究机制。     

卡多佐司法哲学解读

卡多佐是英语世界有史以来最著名、最伟大的法官之一,也是美国现实主义法学的最杰出的代表人物之一。其司法哲学对司法及其过程——司法的价值取向、司法的方法、司法的至高境界等——进行了深刻、独到的说明和阐释。卡多佐的司法哲学既是其存在于其间的时代的要求的热烈回应,又具有相当程度的普适性,对当今中国的司法理论和司法实践有着重要的参考价值和启发意义。     

ACTIVIST CRIMINOLOGY: CRIMINOLOGISTS’ RESPONSIBILITY TO ADVOCATE FOR SOCIAL AND LEGAL JUSTICE

Similar to many criminologists, my interest in pursuing this career was driven by a desire to improve responses to injustices, on both small and large scales. I believe that among criminologists, this dedication to effect changes in social and legal justice disproportionately drives those of us historically kept out of the academy due to our race, gender, class, sexual identity, and/or other marginalizations. Fortunately, there is a growing diversity among criminologists and this has had a powerful impact on expanding the scope and depth of the field. At the same time, I am concerned that academic training and university climates frequently work against our commitment to advancing social and legal justice changes, what I refer to as “criminology activism.” This address is a call to action, stressing criminologists’ responsibility to advocate for social and legal justice on small and large scales. Numerous types of criminology activism are identified (e.g., in research, service, and teaching), including the requisite to continue diversifying the representation of criminologists.     

Law-making functions of the Chinese courts: Judicial activism in a country of rapid social changes

The judicial production of law and the legislative production of law make a striking distinction between the two legal traditions. Despite of these differences, judges in both legal traditions in adjudicating cases have a common task, which is the application of legal rules to the facts of cases pending for judgments. The tension between the certainty and the “discretion” is universal for any legal system and, to a certain extent, it poses a hard dilemma for the rhetoric of rule of law. In the transitional countries such as China where rapid social changes and transformations take place, the judiciary and judges can not escape from taking more active roles in interpreting or even law making process. It arouses much controversy, particularly in continental legal traditions, for the judiciary is deemed to perform a mechanical role in adjudicating cases. This article intends to analyze the needs for judicial law-making function in China and its reasons. It reveals that judicial interpretation constitutes an important source of law despite its ambiguous legislative position. The article argues that judicial activism is inevitable against the transitional nature of current Chinese society.     

The emotional motivation of righteous behavior

A distinction is made between two types of prosocial behavior: personal-helping and righteous behavior. Past studies suggest that sympathy may motivate personal helping but not righteous behavior. The latter may be better predicted by feelings of moral outrage and existential guilt. An experiment was designed to motivate a piece of righteous behavior, the writing of a political letter to stop the testing of nuclear weapons. A series of premeasures ascertained strength of attitude, sense of efficacy, acceptance of responsibility, and prior antinuclear behavior. Subjects who supported a nuclear freeze were exposed to material advocating a nuclear test ban, a video of a congressional aide who argued for the efficacy of writing letters to congressional representatives, and emotionally arousing material on the bombing of Hiroshima. After answering a questionnaire that included items to measure emotional state, subjects were individually given the opportunity to write a letter as they were waiting to be interviewed. Social pressure was deliberately minimized. Extent of moral outrage predicted both previous behavior and letter-writing behavior during the experiment. It combined with previous behavior and sense of efficacy to predict 56% of the variance in experimental behavior: Neither sympathy nor existential guilt were significantly related to this righteous behavior.     

基层警官选拔的“FRAME”评测模型建构研究

针对基层警官选拔工作,可以尝试建构"FRAME"评测模型。该模型包含的结构因素有健康情况、准备状态、能力结构、人格匹配和工作实绩。在具体操作中,要注意五大因素在结构上的层次性,以及评测方法上的差异性。评测的合成和解释可以采取加权求和法和四象限分析法。"FRAME"模型的逻辑既适用于选拔过程,也适用于后继培养。     

农村基层党组织功能历史嬗变及影响因素

在现代政治中，政党的作用是通过其功能来实现的。农村基层党组织发挥作用也毫不例外地由农村基层党组织的功能来实现。纵观革命时期、计划经济时期和市场经济时期，90多年来农村基层党组织具有“革命化”功能、“行政化”功能、“政党化”功能，其功能实现途径也是不断发展变化的。究其原因，是农村基层党组织执政环境、基本任务和掌握做群众工作资源的变化所致。     

Struggles over the rights of foreign domestic workers in Malaysia: the possibilities and limitations of ‘rights talk’

Abstract

The publication of Max Weber's early lecture notes on economic theory as Volume III/1 of the Max Weber Gesamtausgabe (MWG) reveals for the first time how much his teaching in Freiburg and Heidelberg from 1894 to 1898 was influenced by the ‘modern economics’ of Carl Menger and his students, Friedrich von Wieser and Eugen Böhm-Bawerk. This review essay examines the significance of this volume, and also presents a brief history and assessment of the ongoing Gesamtausgabe project.     

Book reviews

This paper analyzes practices of counter-surveillance—particularly against closed-circuit television systems in urban areas—and theorizes their political implications. Counter-surveillance is defined as intentional, tactical uses, or disruptions of surveillance technologies to challenge institutional power asymmetries. Such activities can include disabling or destroying surveillance cameras, mapping paths of least surveillance and disseminating that information over the Internet, employing video cameras to monitor sanctioned surveillance systems and their personnel, or staging public plays to draw attention to the prevalence of surveillance in society. The main argument is that current modes of activism tend to individualize surveillance problems and methods of resistance, leaving the institutions, policies, and cultural assumptions that support public surveillance relatively insulated from attack.     

能动与协同:社区法官制度的东莞模式

社区法官制度是人民法庭在辖区内的社区(村或居委会)设立法官工作室,指定法官驻点社区、就地化解纠纷的制度。社区法官解决的主要是民生纠纷、群体性纠纷和简单经济纠纷;社区法官主动处理非诉纠纷,法官与社区调解人协同解决诉讼纠纷。社区法官制度有利于提高纠纷解决效率、增强司法的的权威性和有效性。社区法官制度的发展进路是:建立社区法官助理"网格化"制度,以社区法官助理为平台整合基层解纷资源,完善联动机制,建立社区法官助理系统激励制度。