建立我国刑事速审权制度的思考

速审权作为一项重要的诉讼权利,体现了尊重和保障人权的要求,在我国存在适用的法律空间。然而,我国诉讼拖延问题严重,且当被追诉人遭受诉讼拖延时没有相应的救济措施,因此在我国确立被追诉人速审权尤为必要。我国可以在法律上明确赋予被追诉人速审权,并规定相关的制度来保障速审权的实现。迅速审判要求刑事诉讼程序的进行,必须摒弃一切不必要和不正当的耽搁,但同时也并不意味着为求速而草率从事,甚至违反刑事诉讼程序而从速。     

“被时代”引发的关于信息权的思考

近两年,网络上不断出现"被"词语,"被时代"来临,无论是被自杀,被代表,还是"被自愿"都表现出了话语权弱势一方的无奈,透过现象看本质,被时代的出现也折射出当今信息时代社会传播的失衡,政府、媒介和公民之间的传播链条出现症结,引起我们的深刻反思。政府与媒介,政府与公众,媒介与公众之间的关系需要改善和协调,从而促进信息民主的实现。     

Cognizance and Consultation of Randomized Controlled Trials among Ministerial Policy Analysts

Consultation of scientific evidence by policy actors has been the foci of attention of knowledge utilization scholars for decades. The present study questioned the extent to which randomized controlled trials (RCTs)—generally seen as the gold standard of scientific research—are known and consulted by policy analysts in ministerial settings. Using cross‐sectional data collected in 17 ministries in Québec (Canada), our study showed that fairly high levels of policy analysts report never having heard of RCTs, thus possibly hindering effective communication of scientific results to relevant policy makers. Statistical analyses reveal the importance of cognitive factors in explaining both phenomena.     

论国际法上北极航道的通行权问题

在全球持续变暖的大趋势下,位于地球最北端的北极冰盖也在悄然发生着巨大的变化.由于冰盖的消融,极有可能让大西洋与太平洋相连的北极航道顺利开通.若通过北极新航道进行航运,将比通过的埃及苏伊士运河和巴拿马运河缩短近40％的航程,这其中蕴藏着无法估量的商业及军事利益也引发了沿线各个国家争夺.现今,北极航道已经开始突显其日益重要的政治地位.北冰洋海域所引起的争端焦点,核心便是气候变暖而产生的北极航道利益之争.     

农村宅基地使用权探析

农村宅基地使用权是农村村民的一项财产权,现行法律制度的规定存在着许多问题,在社会主义新农村建设过程中,应强化对农民财产权的保护,还原农房及宅基地的财产权内容,以促进社会和和谐稳定。     

‘There will be burning and a‐looting tonight’: The Social and Political Correlates of Law‐breaking

In the aftermath of the August 2011 riots, politicians and commentators offered a range of explanations for the social unrest and wanton violence. Drawing on survey and focus‐group data, this paper investigates those explanations by analysing how socio‐economic, normative and political factors shape contemporary attitudes towards law breaking in Britain. The paper finds that both economic deprivation and personal moral values help to explain attitudes toward illegal behaviour, but citizens’ mistrust of political leaders and their disengagement from public affairs are also an important factor. The findings suggest that politicians who want to provide moral leadership need to do so through their actions as well as their words.     

COMRADES OR CULPRITS? DONOR ENGAGEMENT AND BUDGET TRANSPARENCY IN AID‐DEPENDENT COUNTRIES

Budget transparency has come to be considered a key aspect of governance. Over the past decade, donors have invested increasing resources in strengthening processes through which budget transparency in developing countries can be enhanced. According to the 2008 Open Budget Index (OBI) Report, however, aid dependency and budget transparency appear to be inversely correlated. This article looks at the role of donor agencies in promoting or preventing budget transparency in aid‐dependent countries. It looks at significant correlations across the whole sample of 84 countries covered in the 2008 OBI, and analyzes more specific data for a sub‐sample of 16 aid‐dependent countries, before selecting six countries for which more detailed findings are then presented. All of these countries have implemented reforms aimed at enhancing budget transparency, with substantial donor support. These, however, often had only limited success, partly because they were not well adapted to the local context, and partly because donors put limited emphasis on improving public access to budget information. Donor efforts were also often offset by other characteristics of donor interventions, namely their fragmentation, lack of transparency, and limited use of programme aid modalities such as budget support and pooled sector funding. Copyright © 2012 John Wiley & Sons, Ltd.     

POLICY TRANSFER IN IMMATURE POLICY ENVIRONMENTS: MOTIVES,SCOPE, ROLE MODELS AND AGENTS

The present study aims to contribute to the existing policy transfer research by examining the immature policy environments of post‐communist countries. To determine the main factors explaining the process of policy transfer, the establishment of probation systems in Estonia and Latvia is analyzed by applying a comparative case study design. The study demonstrates that timing is an important variable in the policy transfer in a transitional setting. A transitional context in itself is likely to lead to policy transfer because of urgent decision‐making needs, a shortage of domestic expertise and of financial resources. The process of policy transfer can be characterized as quite fortuitous: the choice of role models is limited to the existing or first contacts with foreign partners who are able to provide financial assistance. Improvement of administrative capacity is seen as a key factor in the shift from haphazard policy copying to responsible policy transfer. Copyright © 2012 John Wiley & Sons, Ltd.     

‘No‐one likes us; we don't care’: ‘Dissident’ Irish Republicans and Mandates

The episodic dissident republican activity evident in Northern Ireland since the Good Friday Agreement has been accompanied by regular assertions from the police, politicians and commentators that dissidents have no backing. This article examines the historic importance of mandates and support for previous and contemporary republican armed campaigns. It explores whether violent republicans have ever enjoyed widespread support in Ireland and assesses the extent to which a lack of backing has precluded violent campaigns. The piece analyses the evidence regarding the lack of sympathy for current dissident violence, assessing the degree to which armed republicanism has reached a new level of isolation.     

Evidence Based Policy: Principles of Transparency and Accountability

This article provides a practical guide for improving the quality of evidence‐based policy. Rather than adopting an approach that gives priority to particular types of research methodologies, this paper argues that evidence drawn from any methodology will improve if standards of transparency and accountability are followed in the process of gathering, analysing, interpreting, and presenting evidence for policy. The papers details what these standards of transparency and accountability mean in practice, how these standards can be achieved, and possible limits to their adoption.