RETHINKING CHINESE EVIDENCE THEORIES AND RECONSTRUCTING SYSTEM OF EVIDENCE: “A THREAD FOR THE PEARLS OF CHINESE EVIDENCE”

This article analyses Chinese traditional evidence theories that have evolved over a long period of time, to explore which theory, between objectivity and relevancy, best represents the basic attribute and logical thread of evidence. These theories are considered in the context of issues arising in evidential adjudication, including: the “Mirror of Evidence,” truth, the probability of proof standard, the choice between a notion of pursuing 100-percent certainty in adjudication and that wrongful acquittals are better than wrongful convictions, and the statutory proof doctrine comparedwith the system of free proof. Finally, the article presents the framework of and methods for drafting provisions of procedural evidence of the People’s Court.     

Right place,right time: Increasing the effectiveness of agricultural development support in sub-Saharan Africa

This paper suggests that smallholder farmers in sub-Saharan Africa (SSA) are well placed to seize the opportunities from expanding global and regional demand for agricultural products but that this will require a shift from extensive to more intensive production systems. The ability of SSA's smallholder farmers to increase on-farm investments in productivity is, however, constrained by their capacity to manage the risk-return trade-offs in moving towards intensified agriculture. While stakeholders are increasing their investments to assist smallholders in SSA to participate in integrated supply chains, the returns in terms of technical and financial results from these investments are generally lower than in other developing regions. This paper suggests that this is, at least in part, a consequence of problems associated with the role of spatial and temporal coordination in program delivery. Hence, much more focus needs to be devoted to delivering goods and services for smallholders at the right place and the right time, and this should be better monitored and evaluated in the context of development programs.     

公司代表人制度“法定性”的弱化——法律与社会良性互动视角的分析

对法定代表人法定性的起源、生成与演变作了一个鸟瞰式的回顾,揭示了该制度法定性不断弱化的发展趋势。运用弗里德曼法律变化四分类学说来分析,法定代表人制度是法律与社会良性互动的结果,其法定性弱化的动因既不能简单地归结为法律内因变化,也不能完全由社会外因所引致。为继续完善该制度,法律应回归代表人机制的本源,确保法律与社会的良性互动,尊重商业惯例的内在品性并且遵循该品性来修正法定代表人制度。     

The low‐income housing tax credit program goes mainstream and moves to the suburbs

Abstract

The Low‐Income Housing Tax Credit (LIHTC) program is now 20 years old. With the maturing of the program, the use of tax credits has become commonplace in the development of rental housing across the nation. This article examines how the program has changed both financially and spatially. Specifically, the article asks whether it provides a mechanism that can help deconcentrate impoverished renters by providing access to low‐poverty neighborhoods.

This research finds that as the price for tax credits rises, the program becomes increasingly popular with developers who are helping it make inroads in low‐poverty suburbs. By entering the suburbs, the LIHTC program is meeting and even exceeding the performance of the Housing Choice Voucher Program in terms of offering opportunities to live in low‐poverty settings.     

Local response to federal changes in the housing voucher program: A case study of intraregional cooperation

Abstract

The desire to increase residential choice for Section 8 voucher clients resulted in the adoption of portability by the U.S. Department of Housing and Urban Development. Portability allows voucher holders to move between the jurisdictions of local housing authorities (HAs). InterHA cooperation could ease the administrative and financial burdens imposed by portability and improve service to voucher recipients. However, voluntary regional cooperation is rare.

This article presents a case study of a successful, voluntary, intraregional cooperative agreement among HAs. Theoretical and empirical analyses suggest that a cooperative agreement is more likely to develop voluntarily if two conditions are present: rational self‐interest and shared norms and trust among the managers. Agreements can ease the burdens associated with portability, but it is important for the parties to regularly assess implementation issues to ensure the agreement's continuing effectiveness. The article concludes with policy implications based on the findings from this research.     

Comment on Jill Khadduri's “should the housing voucher program become a state‐administered block grant?”

Abstract

The stated goal of the Housing Act of 1949 is “a decent home and suitable living environment for every American family.” It is time that we delivered on that commitment. Contrary to popular opinion, this does not require spending more money on housing assistance. It can be achieved without additional funds by shifting all funds from less cost‐effective methods for delivering housing assistance to choice‐based vouchers as soon as current contractual commitments permit and by gradually reducing the large subsidies to current voucher recipients. The proposal to replace the Housing Choice Voucher Program with a block grant to states can contribute to this goal by precluding the use of the block grant funds for project‐based assistance, increasing the targeting of assistance to the poorest families, and including the fraction of recipients with extremely low incomes in the formula for determining the performance rating of state programs.     

Section 8 and Movement to Job Opportunity: Experience after Welfare Reform in Kansas City

Abstract

This research addresses the extent to which tenant‐based rental assistance, before and after welfare reform, helps households move to areas with greater opportunities for employment. It was thought that the threat of losing their welfare benefits would encourage participants in the Section 8 program to use the mobility it offers to move to neighborhoods with greater opportunities for employment.

Two samples of Section 8 program participants, one taken before welfare reform and the other taken after it was enacted, have been examined. With the strong economy after welfare reform, more Section 8 households are employed and fewer are on welfare. However, the analysis finds that, independent of welfare reform, households did not use their housing subsidy to move to areas with greater opportunities for employment. Program participants typically remained in racially concentrated areas of the central city, away from those neighborhoods with job growth or large numbers of jobs.     

社会管理创新试点工作调研——以贵州警官职业学院开展政法挂帮工作实效性为视角

面对社会主义市场经济条件下构建和谐社会的新形势新任务,从全局和战略的高度,认真贯彻落实中央和省委的决策部署,准确把握新时期赋予的社会管理创新的历史使命和重大责任,紧密结合实际,找准政法挂帮着力点,发挥自身职能优势,突出特色,着力在推动社会管理的创新发展、维护和谐稳定、改善民生、服务基层上下功夫,力求社会管理创新取得实效。     

关于追缴犯罪所得的国际司法合作问题研究

作者根据我国目前在追缴犯罪所得方面国际司法合作的实践,列举了五个急需通过国内立法或者国际协议加以解决的问题,即:⑴如何根据外国的刑事司法协助请求对银行帐户资金实行扣划或者对有关的不动产实行处置;⑵如何在有关的追缴和返还合作中切实保护善意第三人和潜在权利人的合法权益;⑶如何在案犯外逃的情况下决定对属于犯罪所得的财产予以追缴和没收;⑷如何合理确定追缴程序中的举证责任;⑸如何处理发生在追缴合作中的费用补偿和收益分享问题。文章对外国的有关法律制度以及国际条约的相关规定进行了介绍和比较研究,在此基础上,就上述问题的解决提出如下建议:完善我国刑事诉讼中对赃款赃物的“简易处置”制度,增加配套的法院裁决程序;在我国建立承认与执行外国刑事罚没裁决的司法审查制度;在特定情况下将附带民事诉讼程序前移,并在条件成熟时设立独立的财产没收程序;变通现行的证据制度,要求特定案件中的财物持有人或者关系人承担关于合法来源或者善意享有的证明责任;本着互惠和务实的精神处理被追缴财物的国际分享问题,建立专门的基金组织将分享的资金转换为开展有关国际合作的资源。