测谎的法律性质探究

测谎由众多环节组成,同时竞合了讯问、勘验、人身检查、鉴定的部分特征.测谎的法律性质应当由在测谎各环节中居于核心地位的图谱分析来决定.图谱分析是测试人员运用自己的专门知识对案件中的专门性问题进行的分析、判断,具有鉴定的科学属性和法律属性,应当被定位为鉴定.与此同时,由于测谎的测前谈话、图谱采集等环节具有基本权干预性质,测谎的鉴定属性具有一定的特殊性。     

Civil Society Perspectives on Humanitarian Intervention

This article explores the multiple roles played by civil society actors in relation to policy debates relating to whether to advocate or oppose humanitarian intervention under a variety of specific circumstances or in general. There is no consistent civil society viewpoint, but rather a range of disagreements relating to whether there exists a genuine imminent threat of humanitarian catastrophe, whether the political will exists to intervene in a manner that protects a threatened population, and whether a reliance on force for humanitarian ends should ever be supported in the absence of a mandate from the United Nations Security Council (UNSC). Most civil society voices prefer to assess each case on its own rather than to be for or against humanitarian intervention as a general proposition. A consensus would look favourably upon humanitarian intervention endorsed by the UNSC. The problems arise where such an endorsement is not obtainable. The NATO War of 1999 to safeguard the endangered Albanian population of Kosovo illustrates the positive case for humanitarian intervention as there appeared to be an imminent threat and there existed a sufficient political will to make it seem likely that an intervention could attain its goals. The absence of support from the UNSC in this instance was offset by the participation by the UN after the fact in the work of economic and political reconstruction, although the precedent set by this use of non-defensive force has kept the Kosovo undertaking controversial. In contrast to Kosovo, civil society actors throughout the world generally rejected the claimed humanitarian justifications for the Iraq War. At this time civil society is split on the question as to whether ever to encourage humanitarian intervention undertaken absent a green light in advance from the UN.     

论公权契约化——兼论国家干预契约化

受公私权二元对立及公私法二元划分的影响,禁止公权契约化被视为传统法治的基本原则。然而,随着社会的发展,公权与私权、公法与私法不再是简单的对立关系,而是呈良性互动和融合的发展趋势。因此,现代社会的公权运行逐渐采用契约这种私权行使方式,这一现象可被称为"公权契约化"。作为公权力重要组成部分的国家干预权,采用契约方式来实现干预目的,对构建和谐社会、减少政府失灵及实现经济法的现代化具有积极意义。     

国际人道法的定义

国际法学界对“国际人道法”的定义存在着不同的理解 ,但其法律概念和特征都应当是一致的。狭义的国际人道法学说 ,片面地强调国际人道法与战争法的区别 ,并将它作为单独的法律体系 ;而广义的国际人道法学说 ,则把国际人道法与战争法融为一体 ;两种学说都有理论缺陷。国际人道法是战争法的一个组成部分 ,其与战争法的关系 ,既有联系又有区别 ,二者是辩证统一的     

警察职业倦怠原因及影响分析与预防对策

警察长期处于三高工作环境下身心俱疲,工作压力难以有效解决,从而形成职业倦怠,其主要表现在生理耗损、情感衰竭、认知偏差和人格解体等四个方面。本文主要从工作、个人和社会支持等三个方面分析了警察职业倦怠的原因及其影响,并对警察职业倦怠的预防和干预提出建议。     

CIT in context: the impact of mental health resource availability and district saturation on call dispositions

The goals of Crisis Intervention Team (CIT) programs include improving safety during encounters between police and persons with mental illnesses, diverting persons with mental illnesses away from the criminal justice system, and increasing referral and access to mental health services. CIT is a systemic intervention, and as such, its implementation and effectiveness are influenced by existing practices and infrastructures. However, little research has considered the context in which CIT programs are implemented. In this paper, we present research on CIT in four Chicago police districts that vary in terms of two contextual factors hypothesized to influence the impact of CIT training on how calls involving persons with mental illnesses are resolved. Using data from 112 patrol officers in four Chicago police districts, we consider the impact of mental health services availability and CIT saturation (the percentage of district personnel that are CIT certified). Findings indicate that CIT training increased direction to mental health services primarily in districts with greater availability of mental health services. In districts with low service availability, higher CIT saturation increased direction to mental services. The opposite pattern emerged for contact only or informal call resolution. No effects were found for arrest as a call outcome.     

Envisioning the next generation of behavioral health and criminal justice interventions

The purpose of this paper is to cast a vision for the next generation of behavioral health and criminal justice interventions for persons with serious mental illnesses in the criminal justice system. The limitations of first generation interventions, including their primary focus on mental health treatment connection, are discussed. A person–place framework for understanding the complex factors that contribute to criminal justice involvement for this population is presented. We discuss practice and research recommendations for building more effective interventions to address both criminal justice and mental health outcomes.     

病危/重病人的医疗安全管理及卫生监督机制探讨

医患矛盾逐步激化,医患关系趋于紧张,缓解医患关系是摆在医疗管理者面前刻不容缓的任务。研究发现,重点环节重点管理可以降低医疗安全风险。本文从病危/重病人重点管理的角度来探讨促进医疗安全管理的有效方法,并以期推广至所有病人,同时也进一步讨论了在病危/重病人重点管理中要注意的问题。     

Between willing and reluctant entrapment: CEE countries in NATO's non-European missions

The article focuses on Central and Eastern European (CEE) countries' experiences related to Afghanistan, Iraq and Libya, three non-European theatres of Western military operations, in predominantly Muslim lands, in the decade between 2001 and 2011. CEE countries readily became involved in two of these foreign missions (Afghanistan and Iraq) because of their deep ties to Western politico-economic structures, without direct security interests compelling them to do so, but not without normative convictions regarding what were seen by them as virtues of the two missions. In Libya, however, they were reluctant to join the Western intervention. In light of this, the article is interested in examining how political elites within the region relate to the generally constrained security policy agency that they have. A key argument advanced is that such agency may be located in how external hegemony is mediated in elite discourses of threat and legitimacy construction. This as well as the three case studies outlined in the article show that the seeming changes in CEE countries' behaviour in fact boil down to a simple set of rules guiding their behaviour. Having identified this “algorithm” as an implicit pattern of CEE foreign policy behaviour, originating in the intra-alliance security dilemma within the North Atlantic Treaty Organisation (NATO), the article formulates its conclusions about the alliance policy of these countries largely within a neorealist framework.     

Developments in Indian Federalism: 2005–2007

Abstract

The subject matter of this paper, in general, is federalism in India. Three recent instances of the impact of Article 356—the ‘Emergency Provisions’—are analyzed to study two questions. How is federalism affected when different political parties are in power in the States and at the federal level, and does the current coalition government's experience help or hinder federalism? As to the first question, the two States of Jharkhand and Bihar, with particular emphasis on the latter, in the aftermath of the 2005 elections are examined. In both cases, it was blatant federal intervention that led to the dismissal of the duly elected governments in these States solely on political considerations and the advice of the Governors who were appointed by the federal government. The third is the case of the State of Uttar Pradesh where in 2006–2007 an attempted use of this Article was thwarted by the Election Commission. As to the second question, the use or the very threat of using Article 356 to dismiss duly elected State governments under the pressure of coalition partners at the Centre does not augur well for constitutional government or coalitions, and certainly not for federalism. In any case, Indian federalism lives up to the moniker as pointed out by C. H. Alexandrovictz that it is sue generis.