对我国劳动教养制度的法理分析

劳动教养制度是我国法律的独创,但其在立法和执法上的种种弊端是对《宪法》精神和《刑法》罪刑法定原则的违背,更有悖法治精神,影响司法公正。本文从劳动教养制度的形成、发展和演变入手,对劳教制度进行了法理分析,将其与《宪法》、《立法法》、《行政处罚法》、《刑法》等相关法律相比较,探讨了我国劳动教养制度的立法体例,进而提出与我国刑法相整合的建议。     

多元发展：东亚文化在全球化时代更生的一个途径——以日本饮食文化在近代的嬗变为例

日本饮食文化在近代嬗变的意义如果仅仅在于今天日本人的餐桌上除了传统的和食之外还有西洋料理、中国料理和韩国料理以及其他各国料理可供选择的话,我们就难以讨论多元发展是东亚文化在全球化时代获得更生的重要途径这样一个话题。事实上,＂和洋中＂在今天的日本绝对不是一个彼此截然分离、各自独树一帜的格局。在更多的场合,这3种元素或更为多元的因子已经互相叠合交融,在一个世纪的历史过程中演变成为一种新型的日本饮食文化,就像日本文化的整体一样,它在近代全球化的大势和剧烈的社会转型中,主动汲取了各种外来的因子来充实原本的内涵,拓展既有的外延,从而得到了新的更生发展。     

On the promise and perils of citizenship: heuristic concepts,Zimbabwean example

Increasingly, struggles in the name of citizenship inspire and catch the imagination and support of individuals and groups found in a variety of locales within a nation as well as transnational spaces. At the same time, their consequences may be quite different from the assumptions and dreams of those involved in perpetuating and imagining these struggles. To analyse how new social citizenship claims can embolden and channel struggles in particular directions with varied results – the promise and perils of citizenship more broadly – I suggest that one should pay attention to the promulgators of such visions of citizenship, the techniques of promoting their claims and the cultural politics and political economies of belonging in the locales of mobilization. Drawing on an ethnographic example of a farm labour struggle in the late 1990s in Zimbabwe, I explore the importance of attending to wider shifts in the political importance of citizenship as well as its entanglement in particular localities. Through examining how farm workers are situated through such struggles, I show the promise and limits of citizenship in addressing social justice concerns of a group historically marginalized through racialized, classed and gendered processes.     

赃物犯罪若干问题探究

随着经济生活的不断发展,在司法实践中遇到的犯罪形式在不断翻新,理论与实务界对掩饰、隐瞒赃物犯罪行为人的主观方面及"犯罪所得"的认定等均存在较多争议。笔者拟在实务视角下,对犯罪者"明知"、犯罪对象中"犯罪所得"、犯罪客观行为以及赃物罪定罪标准等进行分析研究。     

浅议中俄劳务合作存在的问题和发展趋势

中国与俄罗斯在经济结构上有很强的互补性,多年来双方通过劳务合作各自受益很多。目前两国形势发生变化,俄罗斯对移民政策进行大幅调整,而中国劳动力成本迅速上升,劳务合作企业举步维艰,这些新变化对未来中俄劳务合作将产生重大影响。     

The Crisis of Over-Accumulation in Japan

Abstract

Japan has now been mired in economic stagnation, punctuated by recurrent recessions, for the past two decades. What are the causes of this longstanding malaise? Is it merely the natural consequence of financial retrenchment and the onset of a pervasive “liquidity trap” after the collapse of the “bubble” economy in the early 1990s, or does the present slump signify a more profound historical phase of structural decline? The aim of this study is to provide several tentative hypotheses. In the first section, some of the possible causes of this phase of prolonged stagnation will be examined. The next section provides a theoretical treatment of the dynamics of debt-deflation from a Minsky-Fisher perspective. The final section evaluates whether the historical evidence lends credence to the debt-deflation thesis.     

Observing FDI spillover transmission channels: evidence from firms in Uganda

Abstract

We observe and analyse three intra-industry foreign direct investment (FDI) spillover transmission channels using unique firm-level data collected from on-site interviews and observations regarding domestic and foreign firms operating in Uganda in 2015. Our main results are: (1) the spillover effects mainly depend on the channel(s) by which they occur (the competition channel is most important while spillover benefits through the worker mobility and the imitation channels are less prevalent) and (2) both positive and negative spillover effects occur within the same channel and, moreover, effects differ by channel for the same case. These are novel and challenging findings that have not yet been recognised in theoretical and empirical research on FDI spillovers. Our results suggest that long-term pecuniary spillover effects are predominantly stimulated via the competition channel and show that only limited short-term and long-term technological spillover effects occur through the imitation and the movement of workers channels. These channels are not only less prevalent, but also appear to be constrained by competition-determined spillovers. We are confident that these directions for future research will have a high pay-off because, as shown by this exploratory fieldwork, a more complete picture of the spillover effects is reached when the channels are considered simultaneously.     

改写历史的两种手法:再论劳动教养制度改革

劳动教养的强制性质不足以表达教育的真谛;短期隔离式保安处分也未能实现预防再犯的目的;由公安机关聆询程序改为司法控制,确实有可能大幅减少被处分对象的数量,但这却引出了有无改制和立法必要的重大议题.改写历史的另一手法是:将收容教养、强制医疗、强制戒毒各自归属刑法、刑事诉讼法以及禁毒法调整,同时借刑法修正之势,通过有限犯罪化,分流那些处于犯罪边缘的原劳教人员.     

Cautioning jurors regarding co-witness discussion: the impact of judicial warnings

Abstract

The research seeks to identify the most common problem areas and associated treatment needs of incarcerated and recently released offenders, to determine the importance of prison-based treatment and to assess the motivation of offenders towards treatment. Interviews were scheduled with representatives of three participant categories: drug-involved incarcerated offenders (n=18), recently released prisoners (n=15) and treatment staff members (n=18), resulting in 1971 statements. Using the qualitative software package WinMAX98, these expressions were categorized in a tree structure, after a codification process of the raw material. The results suggest that there is a difference in opinion between offenders and service providers with regard to the most important problems related to incarceration and re-entry. The findings further indicate that released offenders struggle more often than incarcerated offenders with problems concerning their psychological status. Therefore, the need for continuous through-care and aftercare is apparent, as is the necessity to assess the participants’ support expectancies and their individual needs. Motivating offenders to take part in (prison-based) treatment initiatives and aftercare is a major challenge, which can be accomplished by cooperation and partnerships between the criminal justice system and community-based treatment providers.     

What do prisoners want? Current concerns of adult male prisoners

Abstract

Recently, positive approaches to offender rehabilitation, focusing upon offenders’ strengths, have gained prominence. Proponents have criticized existing rehabilitation models as focusing too much on offenders’ deficits. Goal perspectives, which provide a structure for therapy, may unite these two approaches. The Personal Concerns Inventory: Offender Adaptation (PCI:OA) is a semi-structured interview that identifies offenders’ current concerns or goals. The goals identified by a sample of 129 convicted adult male prisoners are reported here. A range of positive, anti-criminal goals were expressed, including stopping offending, improving self-control, finding and keeping jobs, having stable accommodation, quitting drink and drugs, changing support networks, and finding new leisure pursuits. Furthermore, prisoners expressed life-enhancing goals, such as improving their lifestyle, gaining work experience, having good family relationships, gaining skills, and getting fit and healthy. The PCI:OA may prove useful as a motivational procedure, a basis for developing positive, goal-focused interventions, and a tool for outcome evaluation.