论我国沿边开放城市的区域职能缺失

我国的沿边开放城市(镇),面临着加入WTO、区域经济一体化、西部大开发和东北老工业基地振兴的新形势,表现出以增长极职能和跨国影响职能为主要内容的区域职能缺失。沿边开放城市增长极职能缺失的主要原因是:规模过小、城市体系发育不良、产业链短、交通基础设施不完善;国际影响职能缺失的原因在于:城市在跨境城市体系中能级较低、经济结构单一、支持腹地缺乏、区域经济一体化程度低。为此,策略性调整势在必行,要完成从沿边开放城市到边境地区中心城市的转变,需要实现边境城市的规模扩张、功能发展和城市体系布局合理化。     

《公共管理学报》2004-2005年载文统计分析

应用文献计量学的方法,对《公共管理学报》2年共8期刊载的110篇文章的著者情况、信息密度、出版时滞,论文的地区分布及内容构成,引文情况和2005年的投稿、录用情况进行了统计分析,得出论文选题逼近前沿,研究深入,总体上具有高起点、高质量的显著特征和较强的新颖性;通过对载文的分析也从一个侧面反映出公共管理学科的研究重心、研究方式和研究方法的发展趋势.     

非法证据排除规则的逻辑重释与机制完善

我国非法证据排除路径在某种程度上呈现出规则限缩适用的趋势.通过非法证据排除规则来遏制非法取证行为与实现权利救济是当前该规则建构和运行的基本模式,但依据规则演化的形态特征及共性与个性问题,表明其适用现状并不乐观.目前非法证据排除规则存在着抉择上的双重冲突、样态上的二元割裂、救济上的双重忧虑等逻辑困境,这也决定了其逻辑起点...     

A Multidisciplinary Perspective on the Role,Functions, and Effectiveness of Parenting Coordination

Based on a survey conducted in 2018 in collaboration with the Association of Family and Conciliation Courts’ (AFCC) Task Force on Parenting Coordination, this paper explores issues related to the process and perceived outcomes of parenting coordination for families post separation and divorce. The views expressed emerge from a diverse and multidisciplinary sample (n = 289) from legal, mental health, and conflict resolution backgrounds. Almost half of all participants (46%) were mental health professionals (psychologist, psychiatrist, social worker), followed by attorneys (28%), family mediators (17%) and judges (5%). Over half of all participants identified as a parenting coordinator (PC) (53%). Based on the results, participants had the highest level of agreement that the goal of parenting coordination should be to assist in sheltering the children from parental conflict and to help the coparents reduce interparental conflict. Participants assigned greater success to parenting coordination when there was demonstration that coparenting conflict decreased. Several differences were noted among professional disciplines and specifically between legal and mental health professionals. Mental health professionals rated higher on the effectiveness of PCs to help children adjust and limit their involvement in the parental conflict, while legal professionals focused on PCs’ ability to help families resolve legal disputes. The implications of the results are discussed, including how best to measure the success of parenting coordination and to prioritize outcomes related to the success of parenting coordination across disciplines to create greater consistency in the field.     

改革开放40年来的中国(中)东欧研究:基于学科建设的初步思考

中国学界对东欧文学和东欧历史的介绍与研究很早就开始了,但从国际问题或世界政治的视角对(中)东欧问题进行全面研究大抵与改革开放同步。从研究对象的变化看,改革开放40年来的中国(中)东欧研究大体分为20世纪80年代的东欧研究和东欧剧变后的中东欧研究。而从研究的系统性和变化趋向来考察,中国(中)东欧研究则经历了一个不对称的“N型”进程,即20世纪80年代到21世纪初的“显学”、2004年数个中东欧国家加入欧盟前后至2011年期间的“险学”以及2012年中国—中东欧国家合作倡议启动以来的“热学”。在此过程中,中国(中)东欧研究的内容与重点不断发生变化,呈现强政策导向性、重热点追踪性以及国别关注非均衡性的特征。与之相适应的是,有关研究机构经历了从恢复新建到骤然减少再到蓬勃发展的过程,从业人员则出现由相对集中到部分改行再到“跨界汇”的趋向。为强化学科建设和提升国际话语权,未来中国(中)东欧研究应重点关注以下几点:剖析老中青三代学人的差异,总结中国(中)东欧研究的阶段性和连续性;查找中国学界与国外学界的差距,归纳中国(中)东欧研究的普遍性与特殊性;探求中国学界对于该区域的定义,形塑中国(中)东欧研究的唯一性或中国范式。     

沈家本在清末修律中的思想解析

沈家本是清末的著名法学家,修律大臣,清末礼法之争法理派的代表。在清末修律的争论中,沈家本系统地阐释了自己具有资产阶级启蒙意义的法律思想。其核心即学习借鉴西方资产阶级启蒙思想家的法学思想,以改造中国传统的以礼为纲的法律体系,主张法治、法律面前人人平等、人道主义、民刑分立、司法独立、改良监狱、建立陪审员和律师制度、对少年犯实行惩治教育、大力实行法学教育培养法律人才等,对中国法学的近代转型产生了巨大的影响。     

The Russian mafia: Expulsion of law

The purpose of this paper will be to determine whether the conditions that exist in present‐day Russia are congruent with Foucault's claim that power in modern societies is not ensured by law and punishment but by normalization and control, which go beyond the state and its apparatuses, and that law plays an increasingly subordinate role within contemporary disciplinary society. I will also see what conclusions can be drawn from the Russian‐Soviet case that are relevant to evaluating the paradigms supplied by Foucault in deciphering the modalities of power in the modern world. In what sense can he help us understand how discipline and law in Imperial and Soviet Russia created the necessary conditions for the emergence of the Russian Mafia? Law has been transformed in the hands of the Russian Mafia and has expanded its spheres of influence rather than being displaced. The conditions that exist in present‐day Russia can be applied to Foucault's claim that power in modern societies is not ensured by law and punishment but by normalization and control which go beyond the state and its apparatuses. But it is not the case that law plays an increasingly subordinate role in present‐day Russia. Rather, it is no longer controlled by the sovereign power of the monarchy or by the Soviet state and its apparatuses, but is now predominately controlled by the Russian Mafia.     

Preventive and Repressive Strategies to Limit the Number of Commercial Robberies in Denmark

In this article, the impact of preventive and repressive measures to limit the number of commercial robberies is evaluated. This is done by analysing national statistics, register data, police documents and interview material of inmates convicted for commercial robbery. Preventive measures are met by counterstrategies. The effect of the introduction of paint cartridges - after detonation the bills are rendered unusable because of paint damage - is documented. The effect is, however, not a longlasting one. Arrest is a crucial marker in the decision to continue or to desist from commercial robbery. The arrest rate is high. Most convicted commercial robbers have a tendency to continue with crime after arrest and completion of sentence, but only a few continue with commercial robbery. The empirical data do not allow for a definitive conclusion on whether it is the offender's perception of the probability of future arrests, or of the severity of their outcomes that is responsible for desisting from commercial robbery. Both factors presumably influence this decision, but perceptions concerning the likelihood of arrest are likely to be more important.     

Part-time Jobs,Delinquency and Victimization Among Finnish Adolescents

Among lay people as well as among scholars it is sometimes assumed that adolescent work deters juvenile delinquency. In contrast, existing research suggests that there is a positive association between adolescent parttime work and delinquency. This study assesses this claim and examines in a nationally representative sample of 15-16-yearold Finnish adolescents ( n = 4347), the association between work during the school year and self-reported delinquency and victimization, and explore whether the possible associations are general or based on some subcategory of delinquent behaThere viour/victimization. The results of multivariate analyses indicate that intensive weekly working is significantly positively associated with delinquent behaviour. When gender, disposable allowances and various factors suggested by control, strain and differential association theories were controlled for, intensive work (10 hours or more remained a significant predictor of the following types of delinquency: beating up someone, driving without licence, buying stolen goods, vandalism at school and drunken driving. Intensive workers' likelihood of committing these acts were about two to per week) three times as high as nonworkers' likelihood of committing such acts. Intensive work was related to victimization only in bivariate models, suggesting that the work-victimization association does not reflect direct causation. In conclusion, intensive work appears to increase delinquent activity slightly. Although we do not argue that work is a major cause of delinquency in adolescence, we suggest caution against encouraging intensive work during the school year.     

The BT Kemi Scandal and the Establishment of the Environmental Crime Concept

This study analyses the significance of the 1977 BT Kemi scandal in Teckomatorp, Sweden for the establishment of the concept of 'environmental crime', first in the public debate and then later in legislation. The BT Kemi scandal is analysed as a 'focusing event' that placed the relationship between environmental pollution, responsibility, legislation and penal sanctions firmly on the political agenda. Several commissions of inquiry were established as a consequence, and in 1981 the Environmental Protection Act was revised and environmental crimes were included in the penal code. This tightening of the legislation had very little effect in practice, however, and this study examines why these legislative changes had so little practical impact. Attention is focused on the historical and societal contexts in which Swedish environmental legislation during the 1960s, as an explanation of why environmental crime has been and remains such a marginalized phenomenon. Shared mentalities in the area of environmental protection, which have evolved over time within public sector agencies and the private sector, coupled with an unequal emerged distribution of power and diffuse legislation, have obstructed the establishment of environmental crime. The BT Kemi scandal was a decisive factor in the coming of age of environmental offending, but it nonetheless takes time before a new form of crime becomes 'self-evident' and accepted as such in the wider society.