论劳动者的罢工权

在法律上承认和规范劳动者的罢工权,防止非法罢工,不仅有利于劳动者劳动权益的维护,也有利于社会的稳定。罢工权不是孤立的,劳动法领域中的罢工权,是劳动者的一项劳动权利,是劳动者集体劳动权的重要组成部分,与劳动者组织工会的权利（团结权）、集体谈判的权利密不可分。劳动者享有法律所保护的合法罢工权。罢工基于维护劳动者的合法权益,局限于劳动关系领域,并要符合法律规定的程序。在法律上确立劳动者享有合法的罢工权后,如何保护依法罢工的劳动者的利益是法律必须面对和解决的重要问题,也是关系到劳动者罢工权是否能真正享有的保障。为了维护劳动者的权益,法律应当赋予劳动者罢工权,但当罢工影响到社会公共秩序的时候,罢工权就应该受到限制。     

治安管理处罚的谦抑性探析

刑罚中应用比较普遍的谦抑性原则在行政处罚领域却鲜有提及,这对控制同样是我国对公民权惩处方式的行政处罚而言是不足的。而在与刑罚衔接最为密切的行政处罚种类治安管理处罚中,其调整对象、指导理念和行为要求方面却都有谦抑性的要求和体现。研究治安管理处罚的谦抑性,首先表现为治安管理处罚权的设定和存在必须谦抑,其次是治安管理处罚权的行使和调处过程要体现谦抑。     

论社区警务在我区反恐维稳工作中的地位和作用

社区警务作为一种全新的警务理念,对传统警务工作方式提出了挑战。我区社区警务在反恐维稳的整体工作中还是薄弱环节。社区民警缺乏反恐情报搜集意识,社区结合部控制力弱。缺少系统科学的反恐情报搜集体系和研判机制。应加强对“社会人”、出租房屋及社区结合部和社会死角的管理。完善社区警务机制,提高情报搜集能力,打击和压缩恐怖组织活动空间,以有效发挥社区警务在维护警民合作、社区治安秩序、预防犯罪及反恐维稳工作中的作用。     

论政府信任关系的秩序功能——读张康之教授《行政伦理的观念与视野》

秩序的供给是政府的基本职能。在分析社会的秩序需求时,会发现政府信任关系与秩序模式之间的关联性。在《行政伦理的观念与视野》一书中,张康之教授在历史的坐标中把人类以及政府的信任关系划分为习俗型、契约型和合作型,认为在习俗型信任关系的基础上所造就的是权力秩序,在契约型信任关系的基础上则造就出了法律秩序,正在成长中的合作型信任关系将成为合作秩序得以确立的基础。习俗型和契约型的政府信任关系以及与之相关联的权力秩序、法律秩序反映在各自的社会治理过程中,是以社会隔离的方式去强化社会的异质性的,它们分别反映出了制度的理性危机和道德缺失。合作型政府信任关系将扬弃既往所有的外在秩序追求,为确立一种有机性的、内在于人的和谐秩序提供支持。     

The Effect of Lowering the Legal Drink‐Drive Limit on the Toxicological Findings in Driver Fatalities: A Comparison of Two Jurisdictions,

In December 2014, the legal blood alcohol limit for drivers in both Scotland and New Zealand was reduced from 80 to 50 mg/100 mL. This paper reports a retrospective study comparing changes in the toxicological findings in deceased drivers and motorcyclists before and after the limit change in both jurisdictions. A year of fatal motor vehicle crashes prior to and following the limit change is examined for both countries. In Scotland, there was an increase in drug prevalence among fatally injured drivers and motorcyclists, with the use of all drug groups increasing after the limit change, with the exception of cannabinoids. In New Zealand, there was a reduction in cases involving drugs only, but increases in the numbers of deceased drivers and motorcyclists positive for alcohol only and co‐using alcohol and drugs.     

Protecting victims of intimate partner violence: Swedish prosecutors’ experiences of decision-making regarding restraining orders

Restraining orders can be used as a risk management strategy to reduce the likelihood of intimate partner violence (IPV) re-victimisation. The aim of this study was to examine how prosecutors work with cases of IPV, with a focus on their collaboration with police, use of violence risk assessment and implementation of restraining orders. A qualitative analysis was conducted based on semi-structured interviews with five prosecutors operating in two northern police districts in Sweden in 2016. Data were analysed using latent content analysis. Three overarching themes arose: The case, Organization of resources and Interpretation of the law. Each theme was discussed in the context of the prosecutors’ work with IPV. Prosecutors pointed to several inadequacies in the legislation and offered potential solutions that would ameliorate their work. Results also showed that prosecutors seldom used violence risk assessments conducted by police as a basis for issuing restraining orders. The primary reason for this was a lack of clear routines governing cooperation between police and prosecutors in the application process. The results from this study can be used when training criminal justice personnel in order to obtain a better understanding of the difficulties that prosecutors face when trying to protect victims of IPV.     

The Cybercrime Convention Committee's 2017 Guidance Note on Production Orders: Unilateralist transborder access to electronic evidence promoted via soft law

This article provides a critical analysis of the Council of Europe Cybercrime Convention Committee's Guidance Note of Production Orders, published on 1 March 2017. The article looks at the legal controversies surrounding production orders with a cross-border element. It explains the Guidance Note's background and origins, the basic provisions in the Cybercrime Convention allowing the law enforcement authorities to order and obtain certain information and discusses the requirements that follow from the relevant provisions of the Convention. This analysis is complemented by four critical remarks on the way the Guidance Note pushes the boundaries of acceptable treaty interpretation on the necessity of the Guidance Note, its position in regard to extraterritorial enforcement jurisdiction and sovereignty, its reticence towards fundamental rights and its refusal to define or clarify the important notion of “subscriber information”. The article argues that unilateralism is not a solution. Instead of soft law plumbing, what is needed is an agreement between sovereign states checked by their constituencies.     

Background survey of polyethylene in the Australian Capital Territory – A demonstration of variability in isotopic abundance values and their application to forensic casework

Plastics including adhesive tapes, cable ties, and packaging are common evidence types encountered in forensic investigations and casework. Traditional examination techniques such as Fourier Transform Infrared (FTIR) spectroscopy lack specificity and are unable to discern differences within the same polymer structures leaving the analyst with a generic identification. High quality manufacturing methods further amplify the limitations in detecting variability between samples. Isotope Ratio Mass Spectrometry (IRMS) has been shown to be a valuable technique in further discriminating plastics. Discrimination is achieved by analysing the relative abundances of stable isotopes within a sample, with differences detected in isotope ratios possibly attributed to the source of raw materials and fractionation during the manufacturing process. A survey of cling wraps and re-sealable zipper storage bags collected in the Australian Capital Territory was undertaken to assess the variability in carbon and hydrogen isotope ratios of different brands and samples. The results of this research are discussed, particularly with respect to within and between brand trends, and a case study is presented as an example of the value of including IRMS in a casework context.     

South Africa and Myanmar: Beware the politics of perfidy

The article examines the repressive actions of the government of Myanmar, focusing on its continuing incarceration of a Nobel Peace Prize Winner, and questions the diplomatic route South Africa has chosen in terms of its relations with the country.     

Gang activity in English prisons: The prisoners’ perspective

Abstract

Gang activity in American prisons has resulted in serious problems for prisoners and staff. This study assessed prisoners’ perceptions of gang-event frequency in the UK. Interviews with 360 prisoners from nine prisons in England and Wales indicated gang-related events were perceived as more frequent in all male categories of prison than they were in female institutions. Prisoners reported drug possession and prisoner groups being formed along regional origins as the most frequent gang-related activities. Recidivists perceived higher levels of gang-related activity than did first-time prisoners. Gang-related variables also predicted prisoners’ perceptions that groups of prisoners have more control over events in the prison than do staff and that order in the prison may not be maintained. The merits of interviewing prisoners and the implications of the results for maintaining order in prison are discussed.