清末罪犯习艺所建筑之探究

清末,清政府在内忧外患环境下,推行变法修律,改革司法制度,狱制改革就是其中非常重要的一项内容。作为狱制改革措施之一,在全国普遍创办罪犯习艺所。由于受清末政府的腐朽、执行缺乏力度及开办经费所限等影响,罪犯习艺所建筑仍存在着诸多的缺陷与不足,但作为传统旧式监狱建筑向新式监狱建筑转变的过渡性的历史产物,它的存在仍起到积极的作用。     

试论全面深化改革简

我国三十多年改革开放成功的经验证明，继续坚定不移地推进改革开放是最明智的选择。党的十八届三中全会在全面深化改革的问题上形成了新的重大突破，取得了创造性的发展：全面深化改革的历史意义非凡，历史使命重大；全面深化改革具有坚定性、策略性、方向性和务实性的特征；全面深化改革攻坚任务艰巨复杂；全面深化改革旨在破解“触动利益之难”。     

对现行户籍制度改革的几点思考-以福建省三明市为例

现行户籍制度与当代中国经济转轨、社会转型的发展形势极不适应,特别是城乡二元户籍体系制约了我国经济社会发展进步,与推进以农业转移人口市民化为方向的城镇化建设不合拍。大力推进户籍制度改革,应加快户籍立法,制定统一规范的户籍管理制度,解决好“人户分离”问题,消弭“村规民约”的影响,逐步让大多数流动人口在城镇和乡村安居乐业、各得其所。     

Security Sector Reform,Statebuilding and Local Ownership: Securing the State or its People?

It is widely acknowledged that while local ownership is one of the core principles of successful Security Sector Reform (SSR) programmes, the concept is narrowly interpreted in terms of who owns what. Moreover, the focus of SSR is often on building state institutions, rather than building the relationship between people and the state, which further limits the extent to which people, particularly at the community level, are engaged in SSR processes. It is argued that without ensuring meaningful and inclusive local ownership of SSR programmes, public trust and confidence in state security and justice sector institutions will be limited. Crucially, this will leave the state vulnerable to renewed outbreaks of conflict. To rectify this it is proposed that a hybrid SSR approach be promoted by incorporating community safety structures into SSR programmes.     

我国法学教育的窘境与出路

法学教育关乎我国的法治建设和广大法学生的切身利益。近年法学教育处境尴尬,原因主要是盲目扩招、错误的培养方向以及落后的教育方式。改革势在必行,要转变观念,对法学教育目标重新定位。借鉴国外成功经验,法学教育应以培养社会需求的应用型和技能型人才为主。为此,应适当限制招生规模,改革传统的教育和教学模式,大力发展和培养实务型师资队伍,多管齐下,力争培养出受社会欢迎的应用型法律人才。     

口供中心主义评析

受观念、传统、制度、体制等因素的影响．刑事诉讼中,公安司法机关仍然带有浓厚的“口供情结”,侦查、审查起诉和审判多是围绕口供而展开,并将口供作为定案处理的主要依据．形成了口供中主义的理念和办案方式。口供中心主义虽然能保证绝大多数案件的正确处理,节约刑事诉讼的直接成本．但却异化了诉讼构造,增加了错误成本,损害了过程利益,导致刑讯逼供不止,冤假错案不断。为此,应当在对口供进行科学定位的基础上,在程序法中构建激励型的取供机制,在证据法中确立“不轻信口供”的口供运用机制．逐步推动口供运用理念及方式的根表峦革     

缅甸大变革及其对中缅关系的影响

自2011年3月吴登盛领导的新政府执政以来,着力调整内外政策,迅速开启了“变革”之门。对内,统治缅甸40多年的军政府逐步向文官政府交权,工作重心开始转向经济改革。对外,积极融入东盟,同西方国家关系出现重大“突破”。对华,坚持睦邻友好,两国关系稳定发展。但缅甸的民主改革不会一蹴而就,还有不少问题有待解决,任何操之过急的期待或行为,恐将适得其反。     

The political obstacles to economic reform in North Korea: The ultra cautious strategy in comparative perspective

As a result of the financial crisis, some commentators see the reform process in the East Asian states as an outcome of the disciplining behaviour of financial markets that will lead to the emergence of a neoliberal form of capitalism. The Malaysian experience suggests, however, that progress to neoliberal forms of economic organization will not be inevitable, despite governments having to increasingly accommodate global markets. In Malaysia, the degree to which a neoliberal adjustment response could be embraced was limited by domestic political factors. First, the government needed to maintain the ethnic based distributive policy that favours ethnic Malays with material entitlements for reasons of state and regime security. Second, the state was not wholly insulated from a key social group that emerged as a result of the ethnic-based distributive policy, namely an elite Malay corporate group. A third reason was economic nationalism, a major component of Prime Minister Mahathir's vision for the country that stressed the building up of Malaysian corporations and conglomerates. Access to domestic sources of funds for adjustment and the centralization of power in the government, particularly in the office of the Prime Minister, facilitated this process of defending national economic arrangements, at least during the period in question. The limited liberalization of the ethnic based distributive policy did not, however, imply a shift in the ideological and policy agenda towards complete embrace of neoliberal norms and practices. The imposition of capital controls, although announced as a temporary measure to allow space for the government to pursue its preferred course of adjustment, further indicates that the commitment to free markets in Malaysia is instrumental. The Malaysian case suggests that movement towards neoliberal forms of economic organization as a result of the financial crisis may be limited and is not inevitable.     

The Relevance of Security Sector Reform in Humanitarian Intervention: The Case of the European Union in the Mediterranean

Security sector reform (SSR) is a new concept that was adopted by international institutions at the end of the 1990s as a relevant and critical part of development and stabilization processes. It consists of reforming the security sector in those states in which security structures are not able to protect citizens from security challenges facing developing and transitional societies. It includes a large spectrum of services and is strongly based on the abandoning of the classical conception of security as strictly connected with the territorial integrity of a state and the adoption of the broader concept of security and a security agenda that considers the well-being of populations and the respect of human rights. This article aims at analyzing the relevance of SSR in the security relations between European Union (EU) and Mediterranean countries. In the first part, a definition of SSR will be developed. In the second part, the EU's definition of SSR will be stressed, and its links with the security concept as it has been developed in EU external action. In the third part, the EU missions in Mediterranean countries will be analyzed in order to verify if SSR is included in the aims of the missions.     

THE APPRENDI‐BLAKELY CASES: SENTENCING REFORM COUNTER REVOLUTION?

Recent Supreme Court decisions have extended jury trial rights and beyond‐reasonable‐doubt proof standards to certain sentence‐enhancement facts. The first two cases, Apprendi v. New Jersey and Ring v. Arizona, were narrow in scope and relatively uncontroversial. But Blakely v. Washington marked a substantial expansion of the rationale and scope of Apprendi, and threatened to invalidate entire sentencing reform systems, both legally‐binding guidelines of the type at issue in Blakely and it's sequel, Booker v. United States, and statutory determinate sentence systems like the one invalidated in Cunningham v. California. Each of these decisions has potential effects not only on sentencing severity and disparity in the cases controlled by that decision, but also on prosecutorial, legislative, and sentencing commission measures designed to comply with the decision, avoid it, and/or mitigate its impact. Field resistance and avoidance measures are likely to be stronger in jurisdictions where the existing sentencing system enjoyed broad support; in such jurisdictions, resistance may be particularly strong to the more controversial Blakely ruling. Impact assessments must therefore carefully distinguish the separate impacts of Apprendi and Blakely in each jurisdiction being studied, and the extent of support for the existing sentencing system. Such assessments should also examine pre‐existing trends and other independent sources of change; leadership by sentencing commissions or other officials in crafting responsive measures; structural and other features of the sentencing system which render compliance more or less difficult; and second‐stage effects, on sentencing, prosecutorial, or sentencing policy decisions, that reflect the prior compliance, avoidance, and mitigation measures adopted in that jurisdiction. The greatest long‐term effects may be on prosecutorial, legislative, and commission decisions, rather than on sentencing outcomes.