宪法上征收规范的效力是否及于征税:一个比较法的观察

宪法上的征收规范一般不拘束征税。从德国法和美国法的情形来看,宪法上的征收规范对征税具有"弱拘束力",只有在极端情形中,征税可能因违反征收规范而无效。《德国基本法》上的征收规范对征税的拘束力主要表现为"半数原则",美国宪法上的征收规范对征税的拘束力主要表现为"极其武断的征税构成没有补偿的征收"。《德国基本法》和美国宪法的规则对解释中国宪法上的征收规范具有借鉴意义。     

Examining fatal and nonfatal incidents involving the TASER

Research Summary According to TASER International, nearly 10,000 police departments in the United States have deployed the TASER as a less lethal force alternative in some capacity. Despite the TASER's increasing popularity, serious questions have been raised about the device's physiological side effects; in particular, Amnesty International has reported that more than 300 people have died after being subjected to the TASER. Although a growing body of research has examined the physiological effects of the TASER on animals and healthy human volunteers in laboratory settings, there has been virtually no empirical analysis of “real‐world” fatal and nonfatal TASER cases simultaneously. This article examines all media reports of TASER incidents from 2002 to 2006 through a comprehensive review of LexisNexis and New York Times archives. We compare TASER incidents in which a fatality occurred to TASER incidents in which a fatality did not occur and then employ multivariate analyses to identify the incident and suspect characteristics that are predictive of articles describing TASER‐proximate deaths. Policy Implications Several suspect factors were significantly associated with the reporting of a fatal TASER incident, including drug use (but not alcohol), mental illness, and continued resistance. Multiple deployments of the TASER against a suspect was also associated with the likelihood of the article describing a fatality—especially if the suspect was emotionally disturbed—which raises the possibility that the risk of multiple shocks might not be uniform for all suspects. More research is needed to explore the relationship between mental illness, drug use (illicit or therapeutic), continued resistance, and increased risk of death. In the meantime, police departments should develop specific policies and training governing the use of multiple TASER shocks against individuals who could be in these vulnerable physiological and psychological states.     

The modern trends in alcohol, drugs and driving research

Research on alcohol, drugs and driving can be broadly separated into experimental and epidemiological studies. Every approach has its inherent advantages and disadvantages. Experimental studies can result in an interpretation by single cause, but can only identify potential risks, and the results can sometimes be of limited value because of the use of non-realistic doses or because of the drug use history or inter-individual differences of the volunteers. Recent studies have used higher, more realistic doses and paid more attention to the combination of alcohol and drugs and have shown that the chronic use of illicit drugs can be associated with some cognitive and/or psychomotor impairment, and can lead to a decrease in driving performance even when the subject is no longer intoxicated.Epidemiological studies include roadside surveys, studies in a subset of drivers, accident risk studies, responsibility analyses, surveys and pharmaco-epidemiological studies. Between studies, results may be incomparable due to testing different populations, different kinds of samples, etc. More large-scale roadside studies are conducted now.Advances in analytical toxicology have also contributed to a better understanding of the risks associated with driving under the influence. While older studies measured the inactive metabolite THC-COOH and did not show an increased risk in cannabis-positive drivers, more recent studies measured the active THC in blood and did show a concentration dependent increase in crash risk. The use of LC–MS/MS has allowed more broad-range screening as this technique can measure many different drugs in a small sample volume. While some older studies used saliva but had many analytical problems (including an insufficient sample volume in up to a third of the cases), newer methods of saliva sampling and analysis give better results. The use of saliva for roadside surveys allows non-invasive sampling, but the lack of correlation with the concentrations in blood makes interpretation of results difficult.The results of both epidemiological and experimental studies should be combined to obtain a good estimate of the impact of certain drugs on driving performance and accident risk. In 2006–07 a committee of international experts drafted guidelines for future research into drugs and driving. These have been taken on board by the DRUID project, a large-scale EU funded project on driving under the influence of drugs, alcohol and medicines.     

供给侧结构性改革背景下兼并重组企业劳动关系的协调力研究 —— 以东部沿海地区制造企业为例

本研究基于东部沿海地区制造企业的调查，从员工自制力、企业管理力、工会协商力、政府指 导力和非政府组织监督力等五个维度构建了劳动关系协调力对雇员和谐感受的结构方程模型，分析了中国制造 企业劳动关系协调力与雇员和谐感受之间的路径系数。研究表明，员工自制力、企业管理力、政府指导力和非 政府组织监督力对雇员和谐感受具有显著性的正向作用，它们的路径系数从大到小依次为非政府组织监督力、 政府指导力、员工自制力、企业管理力。工会协商力对雇员和谐感受虽然具有正向作用，但不显著。构建企业 和谐劳动关系，需要健全“五力联动”的劳动关系协调机制，其中，政府相关职能部门要发挥更大的指导作用， 企业工会的使命和职责需要进一步明确和增强，非政府组织的监督和维权行为需要进一步完善和规范。     

构建社会主义和谐社会是一项战略任务

构建社会主义和谐社会,对于积极推进中国特色社会主义伟大事业,全面建设小康社会具有重要的理论和实践意义。必须把构建社会主义和谐社会作为一项重要的战略任务来落实,集中全社会之力,多方协调共同建设,形成促进社会和谐的强大合力。     

培养高素质的驾驶员是驾校的神圣职责

确保道路交通安全是一项系统工程,人、车、路三大要素均对道路交通安全产生重大影响,而驾驶员的因素居于首位,是起决定性作用的因素。文章仅分析驾驶员的因素对道路交通安全的影响,以及从何处人手提高驾驶员的素质,遏制交通事故的发生。     

西宁市刑侦队伍和基础工作现状、问题及对策

文章针对西宁市刑侦队伍和刑侦基础工作中长期存在的一些问题,运用调查研究的方法,结合相关材料和数据,对西宁市刑侦队伍及其现状进行了深入分析,找出了西宁市刑侦队伍和刑侦基础工作中存在的人员少、任务重、经费缺等不适应刑侦工作健康发展的主要问题,并提出了通过加强刑侦队伍的思想建设、业务建设,提高刑侦基础工作的科技含量等手段,解决这些问题的对策和建议。     

The Rise of China: The Sustained Development of the World System or the End of It? *

It has been a controversial issue in the past thirty-odd years in academic circles at home and abroad whether China’s economic rise as a unique development model sustains and supplements the world system or brings an end to it. This article makes an analysis of the basic features of the three historical stages of the world system established 500 years ago from the perspective of the relationship between the world system and the rise and fall of countries. The analysis finds that the stages of mercantilism (1500-1750/1800), liberal economy (1800/1850-1914/1945) and mixed economy (1945-2030) were mainly based respectively on “geographical discovery” and “colonialism,” “industrial revolution” and “free trade,” and “economic globalization” and “system innovation.” For the above-mentioned reasons, “geographical discovery,” “international trade and finance,” “science and technology” and “international institutions and mechanisms” are the four fundamental driving forces that the world system has depended on for its existence for 500 years. The world system provided a context for the rise and fall of each individual country in the past 500 years, while the economic success China has achieved in the past three decades mainly benefits from its constant integration into this world system still in existence today. Therefore, the challenge to China in its future development will come, to a great extent, from the world system and its impact on China’s domestic politics, economy and social structure.     

胁迫类犯罪研究——兼析强迫交易罪及强迫职工劳动罪

国外刑法除规定各种具体的胁迫类罪名外,还规定了胁迫罪和强要罪.为避免刑罚处罚的空隙,有效保护公民的意思决定自由,我国应增设胁迫罪罪名.不发生在商业活动领域的强迫交易行为,不构成强迫交易罪.强迫职工劳动罪,是自然人犯罪,不是单位犯罪.