Further notes on information,corruption, and optimal law enforcement

We consider two important notes on optimal law enforcement with corruption. First, we analyze the role of asymmetric information on the emergence of collusion between criminals and enforcers. Second, our paper proposes that the optimal criminal sanction for the underlying offense is not necessarily maximal. We achieve this result by coupling the criminal sanction for the underlying offense with a criminal sanction for corruption, both imposed on offenders. A higher criminal sanction for the underlying offense implies that the government must spend more resources to detect and punish corruption (since the likelihood of collusion increases). Thus, the government could reduce this sanction, save on detection, and increase the criminal sanction for corruption (in order to offset the negative effect on deterrence). We are grateful to Mitch Polinsky and two anonymous referees for helpful suggestions. The usual disclaimers apply.     

“国家秘密”理念与“合法伤害权”消解

国家秘密界定的模糊性易导致公众知政权的“合法伤害”，调整“国家秘密”理念有助于“合法伤害权”的消解。理性设立国家保密事项的合理界限应该确立两项基本原则：以信息的公开是否存在“明显而即刻的危险或损害”作为秘密事项判断的标准，且危险或损害的“明显”而“即刻”性预测是合理的；基于前一原则强调公民权利的满足而非政府权力的到位，对于不明显符合上述原则的那些信息，应以公开而非保密为优先考虑。     

警务活动与非警务活动之界分——一个辩证的观点

警务活动与非警务活动之界分是公安执法实践中的一个重要问题，对基层公安工作有很大的影响。目前学界对公安机关警务活动与非警务活动的界分存在一定的问题，公安机关警务活动的范围应当依据法律的规定以及公安机关自身的性质来决定。警务活动可分为主体型与非主体型警务活动，很多所谓的“非警务活动”，其实应当属于警务活动的范畴。相应地，这些“非警务活动”之所以造成了不良影响，原因不在于其是“非警务活动”，而在于执法的规范化存在问题。     

论法治警务

警务是法治的贯彻，警务的运行必须务实地体现法治的精神。正当性是法治警务活动的灵魂。法治警务首先要求平衡政府权力与公民权利的界限。大幅度地公开事实性理由，执法的商谈性体现于个案之中，尽力减少强制性依赖，是法治警务的现代主题。     

Student mentoring to enhance graduates’ employability potential

This paper considers whether the adoption of a subject-specific, classroom-based, voluntary extra-curricular student mentoring scheme could provide an effective mechanism and andragogic approach to enhance higher education students’ employability potential pre-graduation.Over the three-year pilot, 26 more advanced (second to fourth year) undergraduate students actively mentored nearly 400 first year undergraduate students during workshops delivered annually within forensic and policing focused courses. In total, 17 mentors anonymously completed online, post-scheme surveys. Survey data was quantitatively analysed to evaluate the scheme, establish which skills and attributes mentors had developed and investigate whether mentors could appropriately identify example skills within professional terminology used during employer recruitment. In addition, this paper reflects on the implementation of remote student mentoring during the COVID-19 pandemic and its adoption within a blended learning framework.The results from this research strongly support mentoring as an effective mechanism to develop undergraduate employability skills, significantly developing mentors’ self-confidence and self-efficacy in their interpersonal and communication skills. Although mentors were aware of university graduate attributes and thought they could evidence these with appropriate examples, in practice this was not necessarily the case. As a result, a framework is proposed to enable mentors to identify their skills and how they may align with competencies sought by relevant forensic and policing employers. However, other andragogic practices may need to be implemented to maximise the potential for successful graduate employment.     

RemoteForensicCSI: Enriching teaching,training and learning through networking and timely CPD

The COVID-19 pandemic brought about rapid, transformational change to pedagogic practice on a global scale. During this time, educators across all levels needed to significantly broaden and upskill their digital skills and competence to instantaneously turn face-2-face content into remote, online provision, particularly during periods of national lockdown. Whilst there was significant e-content available in some subject domains, there were limited e-resources available to those working within the criminal justice sector. The #RemoteForensicCSI network was established in attempts to fill this gap and support both practitioner and learner transition within further and higher education and industry.This article evaluates the value and impact that the #RemoteForensicCSI initiative had on the personal development of network participants, their peers and learners, whilst considering, reflecting on and recommending how remote delivery may influence the future of teaching, training and learning within education and the wider criminal justice sector.     

Information Asymmetry and the Financial Consumer Protection Policy

As complex structure of financial products severely limits consumers' understanding and causes an information asymmetry, the need to protect financial consumers has been a target of heated debates. This study designs a game theory-based model and presents that the reason behind an inadequate advisory service by financial institutions is a combination of consumers' poor financial literacy and sellers' abuse of such weakness to pursue their own profits. Our model shows that when there is information asymmetry on both product characteristics and investment preference of financial consumers, having competing companies that offer substitute products is not enough to ensure a proper advisory service. Two measures may be considered to address this issue. The first measure would be voluntary market efforts to strengthen financial consumer's literacy and self-regulatory mechanism. The second measure would be to step up administrative regulations on financial product sellers in both ex-ante and ex-post mechanisms.     

论检务公开视野下当事人知情权的保障及扩充--以刑事诉讼审查起诉阶段告知程序之规制为中心

在刑事诉讼过程中规范、完善、细化告知程序,进一步深化检务公开,使一切可向诉讼当事人公开的程序及实体信息得以传递并真切落实,有利于保障诉讼当事人充分行使其权利。目前,刑事诉讼审查起诉阶段对于告知程序的规定相对简单并存在一定缺陷,司法实践中未予告知、难以告知、迟滞告知和敷衍告知等现象较为普遍,影响了刑事诉讼活动的正常进行,因此,亟需对我国审查起诉阶段告知程序进行进一步规范和完善。     

The role of people in information-sharing: perceptions from an analytic unit of a regional fusion center

Information sharing research has largely focused on capturing operational practices related to the exchange of information. A noticeable shortcoming of this developing literature is the lack of scholarly attention focused specifically on analytic personnel. The present study employs semi-structured interviews with 23 personnel that comprise the analytic unit within a regional fusion center located in a large metropolitan area in the United States. Findings indicate that there is significant ambiguity surrounding the organizational and geographic audiences to which intelligence products should be tailored. Moreover, it appears information sharing is sparse and reliant upon personal relationships between analysts and external organizations. Lastly, analysts do not receive feedback pertaining to the content and effectiveness of intelligence products created. These findings may be generalized to other analytical organizations whose primary goal is to gather, analyze and disseminate intelligence. Action steps for policymakers are provided.     

刑事诉讼信息共建共享问题研究

对比司法信息化建设整体迅猛发展,刑事诉讼信息的共建共享明显滞后,公检法机关的信息化建设呈现信息孤岛现象。这造成司法资源的大量浪费,成为阻碍司法信息化发展的基础性难题。刑事诉讼信息互联互通协议是指公安、检察院、法院等办案机关就办案信息共享和传递问题达成共识。这种协议可以有效地打破刑事办案机关之间的数据壁垒,是推进刑事诉讼共建共享的现实路径。协议需要充分应对信息共建共享可能给以审判为中心的诉讼架构、卷宗移送模式、控辩平等关系、司法责任带来的负面效应,协调技术理性和司法规律的关系。同时,刑事诉讼信息共建共享在运行中需处理好以下具体问题：建议将政法委作为协议主责机关,制定长远的发展计划;进一步推动卷宗电子化;实行涉案财物统一管理;妥善解决信息保密问题。