试论非传统威胁视角下中国公民海外安全

中国公民海外安全是一个多重因素结合而产生的现实问题。要从根本上消除公民海外活动中的安全隐患,既需要国际社会的共同合作和联合应对非传统威胁,更要公民提高自身安全意识和防范能力。中国警方应该结合国际安全环境和本国公民海外活动的特点,积极预防和强力应对。现阶段,建立海外公民安全保护警务机制,加强国际警务合作和提高领事保护能力是我国警方及相关部门的主要任务,同时也是维护中国公民海外安全的有效途径。     

公民参与公共政策的路径选择

公共政策是民主国家治理社会的主要工具,公民参与则是当今世界政治发展的基本趋势。我国公共政策公民参与面临＂内输入＂公共决策系统、＂附属物＂社会利益团体、＂官本位＂政治参与文化、＂残缺化＂制度保障机制、＂喉舌论＂大众传媒体系等问题,要改善我国公民参与公共政策,还需从还原利益团体的政治本色,构建以民为本的参与文化,增强大众传媒的公共话语权,完善公民参与的制度框架等方面着手。     

Overview of: “Getting the Law Involved a Quasi-Experiment in Early Intervention Involving Collaboration Between Schools and the District Attorney's Office”

Research Summary Precursors to serious and chronic delinquency often emerge in childhood, stimulating calls for early interventions. Most intervention efforts rely solely on social service programs—often to the exclusion of the juvenile justice system. The juvenile justice system has been reluctant to become involved in the lives of relatively young children fearing net widening or further straining resources that could be used for older youth with documented delinquency histories. We report here the results of an early intervention program sponsored by and housed in a district attorney's office in Louisiana. Using a quasi-experimental design, we examined outcomes associated with program involvement as well as whether the obvious involvement of the prosecutor's office was associated with further reductions in problem behavior.

• 1 : The results revealed that significant reductions in problem behaviors of young children could be attributed to program participation.
• 2 : The obvious involvement of the district attorney's office, however, was associated with limited, albeit significant, reductions in specific problem behaviors.
• 3 : These findings show that successful early intervention efforts can be made part of the juvenile justice system and that in some limited situations prosecutorial involvement can result in positive outcomes.

Policy Implications The expansion of early intervention programming into the juvenile justice system offers opportunities to address early problem behavior. Our study and its results have the following policy implications.

• 1 : Closely coupled partnerships between schools and the juvenile justice system can effectively address, mitigate, and perhaps prevent an early onset of antisocial behavior.
• 2 : Even so, coupling early intervention efforts to the mission of the juvenile justice system warrants debate. Net-widening, resource diffusion, and the potential for officials to rely too heavily on the deterrent characteristics of the justice system represent serious threats to the integrity of effective early intervention programs.
• 3 : We suggest substantial debate and consideration is given before coupling early intervention efforts to the juvenile justice system.

     

Opening the Black Box of Officer Decision-Making: An Examination of Race,Criminal History,and Discretionary Searches

Recent evidence suggests that police officers engage in discretionary searches of minority citizens at a disproportionate rate; however, the impact of citizen criminal history on this relationship is largely unknown. Using the theoretical framework of officer suspicion, this study examines the impact of citizen race on the likelihood of a discretionary search and whether this relationship is mediated by citizen criminal history. A series of multilevel models were computed on officer-initiated traffic stops in a manner that conforms to Baron and Kenny's recommendations to test for mediation effects. Results indicated that while citizen race was predictive of a discretionary search, this effect was mediated by consideration of criminal history. These findings have implications for understanding the decision-making process of officers, the influence of citizen race on these decisions, and the role of officer suspicion in police-citizen encounters.     

公民治理理论析论

20世纪90年代后期产生于美国的公民治理理论代表了一种新的公共行政价值观,它建立在对新公共管理理论某些缺陷的批判基础之上,在一定意义上可以看成是对新公共管理理论的一种超越。本文比较系统地辨析和概括了公民治理的基本观点,公民治理与公民参与之间的紧密关系,并对其实践价值作了简要评析。     

Peace in the Middle East

正Foreign minister’s trip highlights China’s increasing involvement in the region Chinese Foreign Minister Wang Yi took a tour of the Middle East and North Africa from December 17-26,2013,consisting of stops in Palestine,Israel,     

民事公益诉讼的功能承担与程序设计

民事公益诉讼的原告资格问题不属于诉讼担当,而属于实体适格问题。为此,立法者应当在实体法律规范中赋予"法定机关和有关组织"具体的实体请求权。而且,为了避免金钱损害赔偿带来的证明与分配上的困难,以及保证有关组织的独立地位,我国民事公益诉讼的请求权内容未来应当限定在"非金钱损害赔偿请求权"之上;仅例外情形才允许通过民事公益诉讼的途径主张"没收不当收益"请求权并上缴基金,这对于纠正市场失灵亦具有重要意义。此外,为了实现高水准的公益保护,我国还有必要增设有关既判力扩张与禁止滥诉的规定。总体而言,民事公益诉讼承担着"预防保护与监督"的功能,其与任意的诉讼担当、代表人诉讼、债权让与等制度共同存在,并分别在实现不确定人群的集合利益、少量确定人群的个体权利、大量不确定人群的大规模损害赔偿请求权以及大量不确定人群的小额损害赔偿请求权等领域发挥作用。     

Moderated Commitment: Members’ Decisions Not to Give to Professional Associations

Abstract

Workers pay membership dues to professional associations, which mark their identification with a particular field. Professional associations invite additional voluntary contributions for new or expanded programs, but most members do not make these additional gifts. We advance and test a conceptual model of the forces that might interrupt an otherwise committed or engaged member’s decision to make such a voluntary contribution. We conclude that giving decisions can be displaced by member beliefs that their dues and fees are sufficient or that their disposable income is committed to other obligations. We also conclude that giving decisions intersect with weak association strategy, such as a failure to solicit gifts in ways that are informative or useful to prospective donors.     

Public councils in Kazakhstan: a case of emergent participative democracy?

As Kazakhstan aims to become one of the top 30 developed countries by 2050, it is increasingly turning to ways which will improve its governance, one of which is greater participation by its citizens in the decision-making processes of state agencies. A new initiative aimed at doing just that, the establishment of public councils, received legal backing in January 2016. The aim of public councils is to ‘strengthen democracy and the quality and responsiveness of public polices’ through the ‘public expression of matters of concern to Kazakh citizens’. This article offers a formative evaluation of the role performed by public councils and questions the extent to which they have achieved this aim. It draws on primary data from public officials, non-governmental organizations, ministries, and non-participant observation of public councils in Kazakhstan. It finds limited evidence of their effectiveness to date.     

网络电信诈骗犯罪帮助取款行为的定性——以两个文件存在的冲突为切入点

关于在网络电信诈骗犯罪中帮助取款行为,在《关于办理诈骗刑事案件具体应用法律若干问题的解释》和《关于办理电信网络诈骗等刑事案件适用法律若干问题的意见》两份文件中均有体现,但是二者对于帮助取款行为的认定存在冲突,表现为对"明知"的内容和程度的认定有差异、帮助取款行为的时间节点的认定不同、对诈骗罪既未遂标准判定不同。网络电信诈骗帮助取款行为定性的路径选择是:对"明知"内容和程度的认定进行类型化判断;对帮助取款行为介入的时间节点进行类型化划分;以"失控说"作为判断诈骗罪既未遂的标准。