侦查与侦查学若干基本问题探讨

公安机关(横向)侦查机构的设置和案件管辖分工应遵循积极整合、抑制分化的原则,(纵向)侦查体制的确立和职能定位则应遵循明晰事权性质、分级负责的原则;刑事侦查的方针应修订为:依靠群众,依托基础,注重协作,依法办案;刑事司法改革的推进和证据立法的完善必将给侦查工作带来实质性的影响,侦查机关和侦查人员应积极应对挑战,确立与现代法制相适应的新的侦查观念;物证鉴定体制应实行相对意义上的侦鉴分离,而不是绝对意义上的侦鉴分离;侦查学以观念层面的本体基础理论、原理层面的本体基础理论以及相关学科的科学理论作为其科学基础,因此它作为一门独立学科的科学性不容置疑。     

Corruption,human-rights violation,and the interface with violence in the Niger Delta

This article examines the interdependence between corruption, violations of human rights, and conflict in the Niger Delta. It is argued that corruption-induced violations have triggered conflicts that have become cyclical. The article sets out a theoretical context against which to examine the interface between corruption, human-rights violation, and conflict in the Delta, and calls for the integration of the fight against corruption into the peace-building process in the Niger Delta.     

Why can't development be managed more like a funeral? Challenging participatory practices

The adoption of techniques to elicit community participation in development practice is an important step forward. The question remains whether this is sufficient for development outcomes that accord with the aspirations of ‘participants’. Community perceptions are somewhat different, as our own conclusions demonstrate. We have developed a ‘methodology of inclusiveness’, based on community institutions which embed collective social action in everyday life. We use the analogy of funerals as collective action in which activities are planned, roles are demarcated, responsibilities are assigned, and desired outcomes are realised. We ask the question: why can't development be managed more like a funeral?     

The problem of gender quotas: women's representatives on Timor-Leste's suku councils

This article examines the experiences of women occupying reserved seats on the suku councils of Timor-Leste (each of which represents a number of small villages). The limited political participation of these women is often ascribed to patriarchal ideas within rural areas, and the need for capacity development. This article argues, however, that there are further structural issues at play, whereby the interaction between traditional and modern governance makes it difficult for women occupying reserved seats to make their mark. While gender quotas can be a useful tool to encourage women's political participation, these structural issues need to be recognised and addressed in order to truly empower women.     

Good intentions are not enough: French NGO efforts at democracy building in Cameroon

NGOs have traditionally had little scope to bring about political reform in developing countries. This was certainly true of French development NGOs (NGDOs) operating in Cameroon during the early post-colonial decades. This situation changed in 2002 when French NGDOs, with support from the French state and Cameroonian civil society, initiated a multi-actor consultative programme (the PCPA), aiming to build democracy in Cameroon. This article traces the origins of the PCPA, assesses its achievements, and explains why the programme failed. It then identifies key lessons and asks whether the PCPA represents a useful model for French NGOs and donor states.     

老挝全方位外交政策与老中关系

随着冷战的结束、国际及地区形势的变化,老挝逐步摒弃＂一边倒＂的外交观念,于20世纪80年代中期确立了全方位外交方针和政策。经过20多年的实践,老挝全方位对外交往活跃,在深化与传统友好国家关系同时,与世界各国建立了广泛联系,老挝与中国的关系也获得了长足发展和较大突破,并成为老挝发展全方位务实外交关系中的重要关系。     

The public health implications of United Kingdom offender healthcare policy: a holistic approach to achieve individual and societal gains

In 2009, two seminal documents were published by the United Kingdom (UK) government concerning healthcare services for offenders. The Bradley review into diversion for people with mental health problems and learning disabilities emphasised a need to improve offender health, not least because of the high economic costs to society as a whole resulting from unresolved mental illness, physical ill-health and substance abuse problems commonly experienced by offenders. The Bradley review made wide-reaching recommendations for change, requiring strong partnership between health and justice agencies at both central government and local levels. A framework for the delivery of Bradley's recommendations has been set out in Improving health, supporting justice, the Department of Health's offender health strategy which sets out the direction of travel for the next 10 years.This paper discusses the reality of working toward improving health services for this marginalised group in the context of the influence of the current straitened financial climate on the allocation of resources to publically funded healthcare in the UK; it examines the historically based, and widely held, belief in the principle of “less eligibility” within our society, whereby there is much public and media resistance to allocating resources to improving care for offenders when other, more “deserving”, groups are perceived to be in continuing need.     

Why community compulsion became the solution - Reforming mental health law in Sweden

The aim of this article is to understand how compulsory community care (CCC) has become a solution in mental health policy in so many different legal and social contexts during the last 20 years. The recent introduction of CCC in Sweden is used as a case in point, which is then contrasted against the processes in Norway, England/Wales and New York State.In Sweden, the issue of CCC was initiated following high-profile acts of violence. Contrary to several other states, there was agreement about the (lack of) evidence about its effectiveness. Rather than focusing on dangerousness, the government proposal about CCC was framed within an ideology of integrating the disabled. The new legislation allowed for a broad range of measures to control patients at the same time as it was presented as a means to protect positive rights for patients. Compared to previous legislation in Sweden, the scope of social control has remained largely the same, although the rationale has changed — from medical treatment via community treatment and rehabilitation, to reducing the risk of violence, and then shifting back to rehabilitation in the community.The Swedish approach to CCC is similar to Norway, while New York and England/Wales have followed different routes. Differences in ideology, social control and rights orientations can be understood with reference to the general welfare and care regimes that characterize the four states.     

集体土地三级所有制度的应然法解读

集体土地三级所有制度是形成集体土地权利主体虚位的重要原因,不仅导致了集体土地权利主体地位不平等,同时还背离了土地所有制终极目标的基本要求。从应然法意义上讲,农民集体与农民集体经济组织应该属于等同的法律概念,其设立具有特别的宗旨、要件和方式要求,应该具有自己独特的法人地位。对历史与现实情况的深度审查表明,村内农民集体不仅不是农村土地所有权的当然主体,而且在当前我国社会经济条件下,作为集体土地的所有权主体,乡镇农民集体和村内农民集体都存在许多不合理的方面。村农民集体作为农村土地所有权主体应该是我国法律的唯一选择。     

Surveillance and identity management: Migrant perspectives on UK Biometric Residence Permits

The identity card for foreign nationals - now known as the Biometric Residence Permit (BRP) - was first introduced in November 2008. Following the May 2010 UK general election, the newly formed Conservative-Liberal Democrat Coalition government announced that the scheme would not be extended to UK citizens. To date, over 300,000 BRPs have been issued to UK foreign nationals - a group of non-EEA migrants that include international students, visiting scholars and entrepreneurs. In this paper, we draw on findings from interviews conducted with policymakers, advocacy groups, Higher Education administrators and foreign nationals - between March and December 2010 - to highlight some policy issues arising from the continued roll-out of the BRPs to this migrant group. We conclude by arguing that, although interviewees raised few objections to the BRPs in principle, cardholders were concerned about being unfairly ‘targeted’ for additional surveillance and remained unclear about the true purpose of the BRP. We identify a number of areas for further policy development.