论刑事司法错误的发生机理与现实危害——基于诉讼运行的分析

从诉讼运行的角度讲,"不枉不纵/程序合法"仅是一种具有理想色彩的迷思,相反,刑事司法错误在诉讼现实中无可难免。这主要是因为,主观上,刑事司法制度的构建与运行受制于人类的有限理性;客观上,刑事司法活动的开启与完成也受到认知规律和物证技术的限制,难以保障不枉不纵和程序合法。而刑事司法错误的现实危害却极大,微观上造成本案权益的损失与司法成本的耗费,宏观上则导致程序刚性的式微与国家信用的流失。     

S.O.S. or Subsidy for Our Screen and An Examination of Subsidy Abroad

Discourse about the impact of art has been prominent in academic and arts industry discourse over the past two decades. Contention in the discourse has led to the call for new research frameworks that place the experience of the individual as central to understanding the impact of art. The authors present the background of this discourse and outline narrative inquiry as a research method that elicits individual experiences. The authors present the findings of a narrative inquiry and establish that the way individuals experience art and its impact is far broader in scope than previous research suggests.     

论市场经济体制下治安管理工作面临的挑战

在我国经济体制由计划经济体制向社会主义市场经济体制转变的过程中,公安机关在计划经济时期形成的治安管理模式受到冲击和挑战,治安部门需强化法制手段,强化民主与专政意识,加强社会治安综合治理,创造良好的治安环境,     

Sinners and Saints: The Role of Social Standing Evidence in Capital Sentencing

The authors’ purpose was to examine how the social standing of victims and defendants impacted capital sentencing decision making. Participants were 305 death-qualified community members recruited through Amazon’s Mechanical Turk workforce who acted as mock jurors in the sentencing phase of a capital trial. This experiment was a 3 Victim Impact Statement Social Standing (none, low, high) × 3 Execution Impact Evidence Social Standing (none, low, high) fully crossed, between-groups factorial design. Social standing of the victim did not directly or indirectly impact sentencing decisions, but the introduction of any form of execution impact evidence resulted in more positive evaluations of the defendant and fewer death sentences. These effects were moderated by pro-death penalty attitudes. Our findings have implications for how prosecutors and defense attorneys use character evidence to humanize victims and defendants.     

Political Bias and Methodological Failure in Assessing Environmental Impacts of Development Projects: Comparative Analysis of the High Aswan Dam and Calaca Thermal Power Plant Development Projects

Environmental impact assessment (EIA) by various sectors for development activities still needs operational guidelines to avoid failures. The High Aswan Dam in Egypt and the Calaca Thermal Power Plant in the Philippines were examined to delineate lessons. Three sorts of methodological failures were identified in these cases, although they differ in many aspects. They are (1) preoccupation with the previous case, (2) oversimplified assumptions about cause and effect, and (3) lack of a holistic viewpoint. These cases were also influenced by political biases, which led to inappropriate assessment methodologies and, subsequently, to erroneous conclusions. Care should be taken to avoid these universal failures in carrying out an assessment.     

A New Era for Think Tanks in Public Policy? International Trends,Australian Realities

Although the powerful have always sought advice from the knowledgeable, it took the appeal of the policy sciences movement of the late 1940s and onward to build and consolidate a veritable industry of policy analysis and advice. ¹ One of the hallmarks of this development was the advent of institutes that were exclusively devoted to produce research‐based policy arguments and to inject these into the policy‐making process. These organisations were referred to as ‘think tanks’. Half a century later, the project of the policy sciences movement has been amply criticised, and has mutated into various philosophies of policy analysis, each harbouring distinct and often conflicting perspectives on the nature and role of (scientific) knowledge in the battle of arguments that is public policy‐making. The first wave of the policy sciences movement's privileging of science‐based policy has not disappeared. In fact it is currently experiencing a revival under the banner of ‘evidence‐based policy’. But it has to compete with other views of public policy‐making which deconstruct the authority claim of scientific knowledge, emphasising instead its contestability. Yet there are now more organisations that refer to themselves, or can be labelled, as ‘think tanks’ than ever before. Why? And what does it mean to be a ‘think tank’ in the post‐positivist era and in the increasingly boundary‐less, highly networked societies of today? This article first surveys recent developments in the world of think tanks as reported by the international literature on the subject, and then examines the implications for understanding the nature and role of Australian think tanks.     

Spatial mobility of knowledge transfer and absorptive capacity: analysis and measurement of the impact within the geoeconomic space

This paper analyses the spatial mobility of knowledge and technology transfer and measures the economic impact on the geo-economic space. The data of laboratories operating in different research and technological fields are used. The results show that, when the distance from the source of knowledge (research institute) to users increases, the impact of knowledge and technology transfer decreases with damped pulsations. The magnitude of knowledge and technology transfer shows a high intensity within the industrial district because small businesses are able to acquire externally scientific knowledge, without conducting in-house research, but by interactions with public scientific bodies and adopting both collective rules that act as collective knowledge devices, making collective learning possible, and skilled labor.

环境影响评价制度中的公众参与

环境影响评价制度是一项重要的环境法律制度 ,公众参与是环境影响评价程序的关键。公众参与能保证决策的民主和科学 ,保障决策的行之有效。我国的《环境影响评价法》对公众参与的主体、对象、范围、方式所做的规定还不能令人满意。借鉴西方国家和港台地区立法的先进经验 ,我们应当通过使法律具有可操作性、协调好国家干预和公众参与、赋予公众提起环境诉讼的权利、加强公众宣传、保证信息透明等方式对其加以完善。     

加入WTO对我国法律的影响

加入WTO对我国既是机遇又是挑战,跨国商业交往将不断增多。本文从我国对外贸易法、外资法、服务贸易法、知识产权法等方面论证了我国法律与WTO规则之间的差距,提出了完善我国法律制度的具体对策。     

网络舆论对法治的影响

网络舆论能够迅速地形成强大的压力，使决策者处于舆论压力之下，不得不进行反映民主民意的决策。新闻媒体出于自身利益而进行的对案件具有倾向性的引导和未审先判的道德审判，对法官造成的压力也是巨大的。因此，应当分析网络舆论对法治影响的利弊，加以正确引导，从而为构建社会主义和谐社会作出贡献。