香港刑事诉讼中保释制度之研究

近年来，刑事诉讼审前程序中对犯罪嫌疑人、被告人权利保障不足，超期羁押现象一度成为讨论的焦点，一波未平之时，羁押人员非正常死亡等现象如今又一次引起了社会的广泛关注，有鉴于此，以保释制度的起源为开端，通过我国香港刑事诉讼度中保释制度的确立与发展，对其合理性进行分析，为我国刑事诉讼法的完善提供借鉴。     

The Credit Rating Agencies and Their Contribution to the Financial Crisis

The credit rating agencies that dominated the ratings of mortgage‐backed securities were Moody's and Standard & Poor's. The two agencies rated some 4.3 trillion dollars of bonds as triple AAA, yet within a period of 18 months these same rating agencies downgraded these bonds to below investment grade. This paper seeks to show that the ratings agencies business model, the issuer pays approach, led to major conflicts of interest with both the ratings agencies unable to walk away from a rating. The evidence given by analysts to Congressional Inquiries confirms a cultural revolution within the rating agencies, with analysts feeling unable to question the quality of a rating. Analysts who were described as being awkward by issuers were removed from the rating process. In the meantime, the income for the rating agencies increased from 3 billion dollars to 6 billion dollars, with the CEOs of the rating agencies receiving incomes comparable to the incomes to the CEOs of investment banks.     

党代会代表提案制度实践述评——兼论其发展基础与深化方向

党代会代表提案制是完善党的代表大会制度、推进党内民主的重要举措。经过多年探索实践,党代会代表提案制得到了循序渐进地发展,在认识层面、理论研究、制度建设科学化等方面积累了一定基础,但同时也积存了一些问题,需要从制定党内规章、制度规范化建设以及党代表队伍建设等角度对其进行深化和完善。     

Reforming Non‐Possessory Secured Transactions Laws: A New Strategy?

Non‐possessory secured transactions are key components of market economies. National and international legal reform projects have been advanced to further their use and broaden access to credit. Yet reforms appear to be limited by practical obstacles posed by national legal categories. This article shifts the focus from domestically defined categories to the operational rules that allow secured transactions to perform their economic function of managing credit risk. This shift leads to a reconsideration of the rules governing publicity and an examination of the policy issues underpinning the evolution of publicity. The article argues that international publicity standards, based on a registry system, could offer a new strategy for reforming secured transactions laws. The recently adopted UNCITRAL's Registry Guide is analysed and considered as a possible tool for reforming national secured transactions laws.     

对邓小平改革观的几点再认识

邓小平从社会主义初级阶段的实际出发，从中国人民的根本利益出发，从当今历史时代的特征出发，运用辩证唯物主义和历史唯物主义的基本观点和方法，对中国改革的一系列重大的理论和实践问题，作了科学的创造性的回答和解决，形成了他的马克思主义改革观。本文主要是对邓小平改革观的总依据、邓小平对中国改革发展的最顶层设计、邓小平改革具体设计的社会发展辨证法几个问题的再认识。     

Looking for Sustainability in Not‐for‐Profit Program Delivery: An Experiment in Providing Post‐Bushfire Recovery Programs

This article examines an experiment in delivering services and programs in communities that were affected by the 2009 Victorian bushfires. Three not‐for‐profit agencies received funding to develop and deliver programs over a period of three years with the aim of achieving sustainability for the programs thus created. They were not constrained by the requirements of normal government funding, which is short term, subject to competitive tendering and targeted at specific programs and client groups. The nature of the funding allowed the three agencies to introduce innovative programs tailored to the needs of the community and with the aim of building community capacity. However the question of whether the programs are sustainable when existing funding runs out remains open.     

EXAMINING THE GENERALITY OF THE UNEMPLOYMENT–CRIME ASSOCIATION

This article examines whether the relationship between unemployment and criminal offending depends on the type of crime analyzed. We rely on fixed‐effects regression models to assess the association between changes in unemployment status and changes in violent crime, property crime, and driving under the influence (DUI) over a 6‐year period. We also examine whether the type of unemployment benefit received moderates the link to criminal behavior. We find significantly positive effects of unemployment on property crime but not on other types of crime. Our estimates also suggest that unemployed young males commit less crime while participating in active labor market programs when compared with periods during which they receive standard unemployment benefits.     

Identification Using Frontal Sinus by Three‐Dimensional Reconstruction from Computed Tomography*

Abstract: Radiographs and computed tomography (CT) images have been increasingly applied and accepted in forensic sciences. Along with radiographs and CT images, the frontal sinus is often used for the individual identification because of its unique and unchangeable characteristics. The purpose of this study is to define the usefulness of three‐dimensional (3‐D) images of the frontal sinus for identification. CT images from 119 Korean cadavers were built up for 3‐D reconstruction and surveyed with 15 measurements. The total volume of the sinus, some nonmetric characteristics, and the bilateral asymmetry index in men differed significantly from those in women (p < 0.05). The digit codes, six sections and 10‐digit number, were almost able to accurately identify individuals (98%). This study showed a statistical difference between the sexes and classified the fused and prominent middle sinuses for the first time. This proposed method for identification is more accurate than those used in other studies.     

Don't Mention the War: The Court of Appeal,the Criminal Cases Review Commission and Dealing with the Past in Northern Ireland

Despite the vast transitional justice scholarship relating to prisoner release, amnesties and prosecutions when conflicts end, there is a significant gap in practice and academic literature regarding wrongful convictions. Uniquely amongst post‐conflict societies, Northern Ireland has a body for investigating miscarriages of justice, albeit one designed for ‘ordinary’ appeals. In the absence of a formal truth‐recovery process, criminal appeals are becoming a proxy for addressing the role of the state during ‘The Troubles,’ as well as remedying individual injustices. This article examines the approach of the Northern Ireland Court of Appeal during the conflict. It charts the developments in its decision‐making following the cease‐fires and the establishment of the Criminal Cases Review Commission. It concludes that the current system is unsatisfactory as it ignores the effects of the conflict on the appeal process and offers no insights into the role of the Court during the conflict. Alternative models are suggested.