非法证据排除制度的理性反思

新《刑事诉讼法》确立了非法证据排除的基本制度具有进步意义,但是,从立法的层面看,由于立法的粗疏,对于非法证据的概念不详,范围不清,必然会造成法律适用的不统一;非法证据排除主体的多元化,看似严密了法网的同时也存在不少弊端;非法证据排除制度设计缺乏必要的救济程序,又会使权利享有者陷入维权的尴尬;侦查人员出庭作证只具有形式上的价值,对于非法取证的证明无实质意义.从法社会学角度看公检法三机关相互配合、相互制约、流水线式的诉讼模式,重实体轻程序观念的根深蒂固,维稳压倒一切的公共政策等挤压了该制度的生存空间.     

UNPACKING THE BLACK BOX OF PEER SIMILARITY IN DEVIANCE: UNDERSTANDING THE MECHANISMS LINKING PERSONAL BEHAVIOR,PEER BEHAVIOR,AND PERCEPTIONS

The strong correlation between measures of personal and peer deviance occurs with near “law‐like” regularity. Yet, as with other manifestations of peer similarity (often referred to as homophily), the mechanisms generating this relationship are widely debated. Specific to the deviance literature, most studies have failed to examine, simultaneously, the degree to which similarity is the consequence of multiple causes. The current study addresses this gap by using longitudinal network data for 1,151 individuals from the Netherlands Institute for the Study of Crime and Law Enforcement (NSCR) School Project. Structural equation modeling is used to address these issues by adapting Jussim and Osgood's ( 1989 ) model of deviant attitudes in dyadic pairs to the current data. Across two separate behavioral domains (substance use and property offending), the results provide strong support for the prediction that individuals project their own deviant tendencies inaccurately onto their peers. Conversely, the results provide little or no support for the predictions that respondents accurately perceive their peers’ deviance or that their perceptions of peer deviance influence their own behavior. Implications for understanding the role of peer behavior in the etiology of adolescent deviance are discussed.     

SOCIAL CONCERN AND CRIME: MOVING BEYOND THE ASSUMPTION OF SIMPLE SELF‐INTEREST

Most leading crime theories and crime‐control policies are based on the assumption that people are self‐interested. But recent work in a variety of fields has challenged this assumption, suggesting that people are both self‐interested and socially concerned. Social concern involves biologically based inclinations that sometimes lead people to give more consideration to others than to their own interests. These inclinations include caring about others, forming close ties to and cooperating with others, following certain moral intuitions, and conforming. This article describes the nature of and evidence for social concern, as well as the ways in which social factors shape social concern. The article then presents a theory of social concern and crime. Social concern has direct, indirect, mediating, and conditioning effects on crime. Although social concern generally reduces the likelihood of crime, it has little effect on or increases crime under certain conditions.     

REVISITING “WHAT THEY THINK”: ADOLESCENT DRINKING AND THE IMPORTANCE OF PEER BELIEFS

The association between delinquent peers and delinquent behavior is among the most consistent findings in the criminological literature, and several recent studies have raised the standards for determining the nature and extent of peer influence. Despite these advances, however, key questions about how deviant behavior is socially transmitted remain unresolved. In particular, much of the research examining peer influence has been limited to peer behavior, despite a rich literature supporting the salience of beliefs, such as expectations and moral approval, in shaping behaviors. In the current study, I model the peer influence and selection processes with longitudinal social network analysis to reexamine the contributions of peer beliefs and behaviors to adolescent drinking. I find evidence that beliefs related to peer drinking have both a direct and an indirect impact on behavior and play an important role in the friendship selection process. These results highlight the importance of understanding how peers influence deviant behavior and suggest that peer beliefs are an important part of this relationship.     

社会资本:民族区域自治的元制度分析--兼谈民族区域自治的善治问题

社会资本作为民族区域自治的元制度,其信任、规范和网络是建立和维护民族区域自治社会秩序的一种极为重要的工具,也是整合民族区域自治的社会"粘合剂".然而,社会资本也会在一定层面上阻碍民族区域自治的良好发展.民族区域自治善治的根本在于引导社会资本的再生产.     

中国的环境管理思想必须适应市场经济体制

对长期统治中国环保工作的思想体系,即"环保靠政府"、环保工作要以"政府直接控制为主"提出了质疑,建议代之以新的适应市场经济体制的思想体系.     

Personal budgets in adult social care: the fact and the fiction of the Care Act 2014

ABSTRACT

Personal budgets have been heavily promoted in government policy in England as a means of increasing the personalisation of public services, particularly in the field of adult social care. The Care Act 2014 for the first time creates a statutory requirement for personal budgets to be allocated to all individuals using state funded social care. This article examines how a particular rhetoric has developed in social care policy around personal budgets, which draws freely on the language of the disabled people’s movement and suggests that grassroots ideas are the central purpose for the introduction of personal budgets into policy. It considers whether the promises made in policy are embedded in the 2014 Act and finds that there is a mismatch between claims in social care policy on the one hand and the model of personal budgets created by the 2014 Act on the other. It concludes that the policy rhetoric around personal budgets directly appropriates the language and ideas of the disabled people’s movement while promoting a wholly distinct agenda of public sector marketisation.     

中国文化背景下的社会工作赋权:文化相关性与本土化策略

赋权是社会工作领域的重要概念和实务方法。在中国文化背景下对案主进行赋权需要充分考量中西文化的差异,采取具有文化相关性的本土化策略。我国传统文化中的"赋权""权利""道法自然""无为"等思想与西方文化中的"个人主义""权利"观念存在显著区别。由此,在对个体进行赋权过程中应检视个体自我意识与家族意识的关系,对个体进行赋权的同时应强调案主的主体性。此外,通过引导案主觉察自身所处的客观环境,提高他们的自我意识、注意力与移情能力,在此基础上承担自我责任,进而推动问题的解决。     

Studying Peace in and with Central Eurasia: Starting from Local and Trans-Local Perspectives

ABSTRACT

In view of a crisis of liberal universalism peace research must reflect on how it is perceived, how peace is constructed in other places and how it can cope with diversity in ordering and peacebuilding. This Special Issue is an attempt to search starting points for peace research in and with Central Eurasia. The introductory concept clears a path through current research questions, normative problems and barriers of knowledge production. Considering ethnographic methodologies, it starts from the local everyday and takes an interest in how actors and institutions in concrete places and multiple socio-spatial configurations navigate conflict and peace.     

A political economy for social movements and revolution: popular media access,power and cultural hegemony

Abstract

One key marker of mass social movements transitioning to participatory democratic governance is popular media access. This essay argues that democratic media access by public constituencies becomes a site for constructing social revolution and simultaneously a manifest empirical measure of the extent of democratic participation in the production, distribution, and use of communication with new cultural possibilities. The participatory production practices (with citizens producing and hosting their own programs) and the democratic content (of oral histories, local issues, critiques of government and business, and everyday vernacular) reflect the hegemony of emerging ‘Bolivarian’ twenty-first century socialism expressed as popular participation in media production. Bolstered by constitutional changes and public funding, popular social movements of civil society, indigenous, women, and working class organizations have gained revolutionary ground by securing in practice the right of media production. Findings indicate that public and community media (that move beyond alternative sites of local expression and concerns) provide a startling revolutionary contrast to the commercial media operations in every nation. Popular media constructions suggest a new radically democratic cultural hegemony based on human solidarity with collective, participatory decision-making and cooperation offering real possibilities and experiences for increased equality and social justice.