论违反行政程序的法律责任

理论界一直对违反行政程序的法律责任众说纷纭,在实务操作上更是莫衷一是。违反行政程序需要承担法律责任,问题的关键是如何认定行政程序违法的标准,本文认为除了法定程序标准外,我国还应引进正当程序标准,此外,对行政机关违反其所作出的有关程序的承诺的行为,也应认定为违法。对违反行政程序的行政行为,法院应根据提起行政诉讼的原告主体身份的差异以及行政程序的重要性程度,作出不同的判决,如果行政行为因程序违法而被撤销,行政机关不得重新作出相同或相似行为,并且行政机关应当对其违反行政程序的行为承担相应的国家赔偿责任。     

论变态人格

变态人格是一个颇有研究价值的人格类型。在我国,变态人格已被人格障碍或反社会人格所代替,这种现象反映出理解上的混乱。通过对变态人格术语的演变、变态人格与相关术语之间的关系的探讨可以澄清对变态人格的认识。此外,对变态人格的诊断标准、形成原因及其矫正也作了全面的分析与介绍。     

The Costs and Benefits of Transferring Technology Infrastructures Underlying Complex Standards: The Case of IPv6

Industry stakeholders and Internet experts generally agree that networks using Internet Protocol version 6 (IPv6), an Internet communications standard which is being promoted strongly by many parties, would be technically superior to today’s networks, which are largely based on IPv4. The improvements designed for IPv6 could provide numerous benefits to Internet users, network administrators, and applications developers; among these potential benefits are cost reductions due to improved security and increased efficiency, improvements to existing products and services, and innovations leading to new products and services. However, there is wide disagreement about the characteristics and timing of benefits associated with IPv6, and the costs associated with the transition could be substantial. In this paper, we will discuss the likely costs of a transition to IPv6 for the major stakeholders and the potential benefits. Subsequently, we will introduce the cost impact of an accelerated adoption case and discuss potential ways in which the government could become involved in the process. This paper is based on a broader study funded by the National Telecommunications and Information Administration (NTIA) and National Institute of Standards and Technology (NIST). We wish to thank Greg Tassey, Fred Lee, Tim Sloan, B. Keith Fulton, John Streck, and Baran Erkel for comments and suggestions on earlier versions of this paper.     

Focus of attention and locus of control as moderators of fraternal justice effects

The influence of a colleague's performance outcomes on individual's own subsequent performance was investigated. Internal and external locus of control subjects were given information about another person's outcome which indicated two things about organizational standards: how easy or difficult they were to meet and how stringently they were applied. An attentional focus manipulation was employed to influence how subjects used this information. Half of the subjects received a group-focus manipulation and the other half a self-focus one. We proposed that perceived difficulty of standards and stringency of application would interact with attentional focus and subject locus of control to alter subject's own subsequent performances. This expectation was supported by the data. Theoretical and applied implications of this result are discussed.     

What do Australian consumers think about current advertising standards?

The concept of community standards is the cornerstone of advertising self‐regulation in Australia. However, there is a dearth of research on current attitudes towards advertising and a virtual absence of such data in an Australian context. A questionnaire was developed to assess consumer attitudes towards advertising; respondents were 872 adults residing in New South Wales. We found high levels of concern regarding advertising standards in general and a consistent perception that advertising should not, for example, use coarse language or violent images, portray women or men as sex objects or show nudity, stereotype or make fun of groups of people, or convey messages that undermine parental authority. In relation to specific appeals and executional elements, although we identified numerous statistically significant demographic differences, there was a clear majority view as to what elements are unacceptable. That is, rather than the posited vocal ‘moral minority’, there is a consistency of views across the community on key issues of advertising standards. The finding that only a very small proportion of community‐based respondents knew how to make a complaint to the correct organisation suggests that studies utilising complainant samples are unlikely to be representative of those who are concerned about advertising. Copyright © 2011 John Wiley & Sons, Ltd.     

政治犯罪例外原则与叛逃罪的修改

政治犯罪例外原则是国际刑事司法合作中的重要原则,对政治犯罪的认定存在双重标准,《刑法修正案(八)》删除了原叛逃罪中“危害中华人民共和国国家安全的”这一条件,一方面,在国内司法实践上,并不意味着在对叛逃罪的判定上发生重大变化;另一方面将给我国的国际刑事司法合作尤其是对外逃贪官的引渡合作上,带来很大的障碍,此次对叛逃罪的修改,弊大于利.     

The UN Security Council,normative legitimacy and the challenge of specificity

ABSTRACT

This paper discusses how the general and abstract concept of legitimacy applies to international institutions, using the United Nations Security Council as an example. We argue that the evaluation of the Security Council’s legitimacy requires considering three significant and interrelated aspects: its purpose, competences, and procedural standards. We consider two possible interpretations of the Security Council’s purpose: on the one hand, maintaining peace and security, and, on the other, ensuring broader respect for human rights. Both of these purposes are minimally morally acceptable for legitimacy. Second, we distinguish between three different competences of the UNSC: 1) the decision-making competence, 2) the quasi-legislative competence, and 3) the referral competence. On this basis, we argue that different procedural standards are required to legitimise these competences, which leads to a more differentiated understanding of the Security Council’s legitimacy. While maintaining that the membership structure of the Council is a severe problem for its legitimacy, we suggest other procedural standards that can help to improve its overall legitimacy, which include broad transparency, deliberation, and the revisability of the very terms of accountability themselves.     

人像检验鉴定探讨

当前通过人像检验认定是否为同一人的应用需求日趋增加,但由于人像检验较为复杂、主观性较强、缺少普遍接受的方法等原因,一定程度上影响了人像检验鉴定的开展。为进一步明晰人像检验鉴定相关问题,本文就人像检验鉴定关键问题进行梳理讨论,重点对国内外人像检验标准、人像特征、检验步骤和方法、检验结论等进行探讨,以期为更好地开展此项工作提供参考。     

我国法医临床学鉴定标准现状与展望

技术标准是一个行业发展的技术支撑,也是质量控制现代化的基础性手段。我国的法医临床学经过近四十年的发展,目前已有各类规范性技术文件23部,案件量逾100万件/年。本文从标准级别、颁布部门、实施时间等方面系统复习了这些标准,可以看出:相关技术标准制订过程中大量吸纳了国际先进理念,同时也吸纳了法医临床学鉴定实践经验;目前,标准体系已初步形成。当然,目前实施的标准也存在诸多问题,如:彼此间矛盾突出、部分标准不符合技术标准的形式要件、对国际标准的研究不够深入、部分标准欠缺等等,标准化建设任务依然艰巨。未来,法医学工作者仍需加强标准与法律法规衔接的配套研究;加强国际标准跟踪、评价的研究,以形成更多的具有国际先进水平的适合我国国情的国家标准。