英美法系国家量刑指南制度的比较研究

量刑指南是指导法官裁量刑罚的准则.为了防止量刑偏差和量刑失衡问题,限制法官的自由裁量权,英美法系国家普遍制定了明确的量刑指南.其中,美国量刑指南制度是中国刑法理论研究较多的一个问题.实际上,在英美法系领域,产生了三种不同模式的量刑指南制度:美国数量化量刑指南、英国论理式量刑指南和澳大利亚信息化量刑指南.相比较而言,英国量刑指南制度对我国量刑制度的改革更具参考和借鉴意义.     

云南就业问题探索

随着我国经济体制改革力度的加强 ,分流下岗的人数将会扩大 ,就业形势日趋严峻。云南与全国一样 ,面临着人口与资源、人口与发展的矛盾与挑战 ,不仅要对城镇劳动适龄人口的逐步增加及早作出安排 ,对失业下岗人员的就业和再就业妥善安置 ,还要创造广阔的空间 ,容纳农业劳动力向非农产业转移、农村人口向城镇的迁移。因此 ,我们应寻求以降低高失业率为特征的第二次“软着陆” ,尽快实现产业结构调整 ,发展中小城镇 ,实行有控制的劳动用工管理 ,建立和完善社会保障体系     

Community Penalties in the United States

The author discusses some background matters concerning the US criminal justice systems that may provide useful context for non-US readers, and summarises the main general conclusions about the operation of community penalties from two decades' research. He also briefly summarises research concerning each of the major penalties that have been attempted. Why American jurisdictions have been comparatively unsuccessful at use of community penalties as alternatives to incarceration and whether that lack of receptivity can be changed is discussed in the conclusion.     

Women and Asylum: A Particular Social Group

This note examines the judgement of the House of Lords in the cases of Islam andShah, particularly with regard to their conclusion that women in Pakistan who were victims of domestic violence and not protected by their state could qualify as members of a particular social group under the Geneva Convention, and therefore attain refugee status. The note considers the Refugee Women's Legal Group's Gender Guidelines for the Determination of Asylum Claims in the U.K. and discusses the problems faced by women who claim refugee status. Finally, the conceptualisation of domestic violence as a political issue and therefore a matter falling within the scope of the Convention issue is analysed. This revised version was published online in July 2006 with corrections to the Cover Date.     

孙子的战略指导思想及对经典军事范畴的揭示

"不战而屈人之兵"、"知彼知己,因敌制胜"、"先为不可胜,以待敌之可胜"、"避实击虚,致人而不致于人"等共同构成了孙子的战略指导思想体系,其中蕴涵着丰富的军事辩证思维,揭示了军事领域重要的军事范畴,对我们制定和实施战略指导具有重要的借鉴作用。     

论侦查程序中的辩护——基于联合国刑事司法准则的视角

辩护权是刑事诉讼中犯罪嫌疑人的一项最为重要的防御性权利.侦查程序中的辩护与审判中的辩护具有同样重要的意义,但在我国刑事诉讼中侦查阶段的辩护较为落后,这使得犯罪嫌疑人的权利难以得到保障,有碍司法公正.联合国刑事司法准则对刑事审前程序中的律师辩护作出了规定,我们应予以借鉴,以完善我国侦查程序中律师辩护制度.     

SEX‐BASED DISPARITIES IN FELONY DISPOSITIONS BEFORE VERSUS AFTER SENTENCING REFORM IN OHIO*

Extending Koons‐Witt's (2002) study of whether sex‐based disparities in imprisonment likelihoods changed under sentencing guidelines in Minnesota, we examined similar models for Ohio with additional analyses of felony conviction likelihoods and sentence length for 5,472 felony defendants from twenty‐four trial courts. The main effects of a defendant's sex on imprisonment were significant during both periods (unlike the Minnesota findings), consistent with a chivalry perspective. Random coefficient models revealed that these effects were similar across the twenty‐four jurisdictions. Analyses also revealed significant postguideline reductions in sentence length disparities based on a woman's race and number of dependent children, yet increased disparities in imprisonment likelihoods postguidelines based on a woman's race and whether she was convicted on drug charges. These and other findings are discussed in the context of the Ohio legislature's implementation of a sentencing scheme that retains considerably more judicial discretion relative to Minnesota's template.     

The President's Commission and Sentencing,Then and Now

The proposals made in 1967 by the U.S. President's Commission on Law Enforcement and Administration of Justice on sentencing were sensible, humane, well informed, and ambitious. They were premised on an assumption that indeterminate sentencing, then ubiquitous, would long continue, and sought to remedy its weaknesses and build on its strengths. That assumption proved wrong. Within a decade, indeterminate sentencing and its rehabilitative aspirations lost credibility and legitimacy. Within two decades, American policies incorporated features such as determinate sentences, lengthy prison terms, and mandatory minimum sentence laws that the Commission explicitly repudiated. The Commission's influence is evident in successful sentencing reform initiatives of the 1970s and early 1980s, some of which survive in a few places in compromised forms. Many of the Commission's proposals to make sentencing fairer, more consistent, and less vulnerable to influence by political considerations and public emotion are as germane today as they were in 1967.     

Usability and Digital Inclusion: Standards and Guidelines

This article aims at discussing e-government website usability in relation to concerns about digital inclusion. E-government web design should consider all aspects of usability, including those that make it more accessible to all. Traditional concerns of social exclusion are being superseded by fears that lack of digital competence and information literacy may result in dangerous digital exclusion. Usability is considered as a way to address this exclusion and should therefore incorporate inclusion and accessibility guidelines. This article makes an explicit link between usability guidelines and digital inclusion and reports on a survey of local government web presence in Portugal.     

Sexual harassment of women in athletics vs academia

Abstract

Sexual harassment at institutions of higher learning is not a new phenomenon but discussions of this problem in the sporting arena are still scarce. Many studies have focused on student-teacher relationships, few investigations have researched athlete-coach relationships, and hardly any have conducted comparative analyses. This study compares the perceptions and the experiences of sexual harassment of athletes and students. It is not a surprise that most harassing behaviors are extended from men towards women. Thus, this investigation analyses and compares female student/male teacher interactions with female athlete/male coach relations. The findings indicate that sexual harassment is slightly more prevalent in academia than in athletics. However, in order to guarantee a safe learning environment for all participants in both domains, it is necessary to formulate clear guidelines, to set up educational workshops and to implement intervention programs.