关于公平的国家赔偿的思考

国家赔偿法不能单从公平的角度理解,在大多数时候它涉及再分配的效率问题。在中国,完善国家赔偿制度,必须防止两种极端:一是仍然有传统官本位思想作祟,不重视国家赔偿的意义,将国家赔偿视为不得已的应付之举,表现为条件过于苛刻和繁琐;二是过度强调个案的绝对公平,将国家与公民个人权利对立化,表现为条件过于宽泛理想化和条文原则化,不具有可操作性。本文从国家赔偿法的价值取向出发,深入分析了归责原则、举证责任、损害赔偿范围、确认程序等方面存在的问题,并提出可行的修改建议。     

公安机关人民警察心理健康的维护

警察是一种高危险、高压力、高强度、高负荷的特殊职业,需要有良好的心理素质和适应社会的良好状态。为了使警察很好地胜任保卫国家安全,维护社会稳定的繁重任务,公安机关必须建设一支富有生机和活力,心理健康的群体。目前,半数以上的警察有心理健康问题,不容乐观。如何维护警察心理健康,是一项迫切需要研究和解决的课题。     

试论社区矫正工作的现状、意义及工作原则

社区矫正是与监禁矫正相对的行刑方式。我国的社区矫正制度还处在刚刚起步的阶段,在理论和实践中还有很多值得探索的问题。社区矫正具有重要的社会意义,我们必须对社区矫正的实现原则及完善途径进行深入研究。     

Polygraphs: Erosion of the privacy right

The polygraph is a machine which invades previously private regions in the human being. Its operation is often viewed simplistically and lacking in danger. Such naivete is the subject of this comment. The paper considers the mechanics of polygraph operation, and its theoretical basis; the legal admissibility of the polygraph in a variety of settings, and lastly the impact the polygraph has upon our private lives.Clearly, the polygraph intrudes on the private regions of each individual, and this frightening fact is cause enough to consider the human, social and constitutional implications of its use. The project considers the reliability factor of the polygraph and its questionable use in personnel and business settings; its use in disciplinary procedures and labor arbitration, as well as reviews its place in judicial process and criminal review.Most critically the paper attempts to arrive at a constitutional basis for restrictions on its use in the private sector. Ingenious arguments have been made by opponents of the polygraph, and this paper reviews the substance and content of these constitutional arguments.     

Black and Blue Bloods: Protecting Police Officer Families from Domestic Violence

Officer‐involved domestic violence (OIDV) is a national problem, with police officer families having higher rates of domestic violence than non–police officer families. OIDV is also an underresearched problem with few studies or proposed solutions. Many victims of OIDV do not report their abuse precisely because their abuser is a police officer, whom they fear is in a unique position to protect him/herself from any legal consequences. Often, OIDV complaints are not investigated properly in a nonbiased manner. While a handful of police agencies around the country have developed specific policies and procedures to deal with OIDV, Washington State has enacted legislation that requires its police agencies to adopt OIDV‐specific policies. The International Associations of Chiefs of Police (IACP), an organization that addresses various issues confronting law enforcement, has also developed a model policy on OIDV. This Note proposes that, in light of the Washington legislation and the model policy proposed by the IACP, each state should enact a statute that requires its police agencies to develop policies on OIDV. This Note also outlines a specific set of procedures that such statutes should, at a minimum, require its police agencies to adopt, ranging from educating police officers on domestic violence to developing guidelines on responding to and investigating OIDV complaints.     

The particular role of religion in Islamic State

Religion, specifically Islam, is central to the identity of Islamic State (IS). It was on the basis of religious doctrine that IS separated from Al Qaeda. It is on the basis of his belonging to the same tribe as the Prophet Muhammed that Al-Baghdadi has legitimised his claims of leadership of the Muslim ummah. Moreover each action undertaken by IS is justified on the basis of Islamic religious texts. Far from representing some sort of lunatic fringe, the ideology of IS finds resonance among mainstream Muslims. Despite international efforts at countering violent extremism, the pessimistic prediction of this paper is that such efforts will fail and the world is set for a confrontation between liberal democracies and Islamists globally.     

部分抽象行政行为纳入国家赔偿范围研究

抽象行政行为是否应当纳入国家赔偿的范围,已经成为国家赔偿法修改时必须妥善解决的一个重大问题。将抽象行政行为纳入国家赔偿范围已经是国家赔偿法发展的一个必然趋势。这是由国家赔偿的本质与目的、抽象行政行为侵权的现实性、建设法治政府的战略目标等原因共同决定的。在我国目前阶段,我们应当将抽象行政行为纳入赔偿范围,同时,对抽象行政行为的赔偿程序与制度进行重构。最具可行性又能满足基本公正性要求的制度设计是在县级以上人民政府设立行政赔偿委员会,由其负责审理部分抽象行政行为赔偿案件。     

专栏导语:社会养老保险改革的德国经验

正2014年12月24日,第十二届全国人民代表大会常务委员会第十二次会议发布了国务院关于统筹推进城乡社会保障体系建设工作情况的报告。报告指出,我国将推进机关事业单位养老保险制度改革,建立与城镇职工统一的养老保险制度。机关事业单位养老保险制度改革这一公众期待已久的重大政策以全国人大常委会审议国务院报告的形式在岁末年初骤然出台,不但引起了舆论对这一带有根本性和制度性的改革的具体内容的广泛关注,还引发了公众对以养老保险制度为核心的中国社会保障制度的深入讨论。     

Corruption and the Decline of the State in Pakistan

Pakistan is generally included in most discussions of ‘failing states’ that pose the maximum danger to global security, with the rise of Islamic militancy being the most commonly cited reason for the ‘failure’. However, Islamic militancy is a result of impending state failure, not a cause of it. This article argues that the state's inability, caused by decades of systemic corruption, to provide any appreciable level of public goods or services, broadly defined, is responsible for the delegitimization of the state and its inability to maintain law and order in the cities or suppress Islamist insurgents in the rest of the country.     

The Toxic Politics of Bangladesh: A Bipolar Competitive Neopatrimonial State?

In order to understand the structural dimensions of the problems concerning democratic governance in Bangladesh, this article seeks to explicate whether or not Bangladesh is a neopatrimonial state. This article examines contemporary Bangladesh politics with a particular focus on the notion of neopatrimonialism and with special reference to the personalization of state power. The concept of neopatrimonialism has great utility in explaining leadership behaviour in a dysfunctional democracy such as Bangladesh, where personalized exchanges, exploitation of bureaucratic and state mechanisms and political scandals are common. I argue that Bangladesh is a special variant of the neopatrimonial state, which I suggest to be bipolar neopatrimonialism. I contend that since independence, successive governments and political leaders always attempt to monopolize state power in various ways. The patron-client society of Bangladesh helps political leaders to personalize the state power they possess. To monopolize state power, the political elites of Bangladesh create networks and alliances, relying on exchanges to meet their objectives. In this regard, state elites use elements of the state and political system to mediate these exchanges.