联合国制裁之定性问题研究

国际社会虽然使用“联合国制裁”的措词来表述联合国宪章第七章中规定的强制措施,但却因为其带有浓厚的政治色彩而对其法律制裁的特性深表怀疑,这种怀疑无疑将严重影响联合国制裁机制的进一步发展。然而,按照法律制裁的基本标准来判断,联合国制裁不失为一种专门的法律制裁机制,虽然与国内法律制裁机制相比较,它具有许多缺陷:制裁领域的残缺性;制裁对象的局限性;制裁环节的分权性。但这些缺陷不能从根本上影响其作为法律制裁的本质特性。认识到联合国制裁的这一特性具有十分重大的现实意义,它将为联合国制裁系统最终通过改革而发展成为一种更加全面、完善的法律制裁机制奠定坚实的思想基础。     

日本少年司法制度及其借鉴

日本的少年司法制度建立在其《少年法》的基础之上。日本的《少年法》集实体法、程序法、行政福利法、刑事法为一体,秉承着保护未成年人的理念,充分考虑到未成年人的身心特点,尊重其作为权利主体之人格,系统、全面地规定了保护、教育他们的原则和办法。在健全的少年司法制度的引领下,日本社会一直处于少年违法犯罪率较低的水平,其在未成年人保护和治理少年非行方面堪称世界楷模,值得中国借鉴。中国自20世纪80年代中期以来在未成年人司法保护领域作了一些努力和尝试,取得了较大进步,但和世界水平相比,仍有巨大差距,理应奋起直追。世界各国少年法一般称调整对象为＂少年＂,但也有称为＂未成年人＂、＂青少年＂或＂儿童＂的,含义均为同一。本文中的少年和未成年人是指相同的概念。     

Foreign Terrorist Organization designation,international cooperation,and terrorism

How does branding militant groups as “Foreign Terrorist Organizations” (FTOs) affect them? Beyond its obvious policy importance, this question speaks to debates about counterterrorism, terrorism financing, and organizational dynamics of subnational violence. This article analyzes FTO designation, a key policy used by the U.S. government since 1997 to impose costs on foreign terrorist groups and those who might support them. Contrary to arguments that sanctions are ineffective and that terrorism is too “cheap” to be affected, it is argued that designation should weaken terrorist groups, reducing their attacks over time. However, the effect is probably conditional. FTO designation should be especially effective against groups operating in U.S.-aligned countries, given the importance of international cooperation in counterterrorism. Global quantitative analyses suggest that FTOs operating in U.S.-aligned countries carry out fewer attacks over time than other groups, taking many other factors into consideration.     

Public support for coercive diplomacy: Exploring public opinion data from ten European countries

Scholarship has increasingly acknowledged the importance of public attitudes for shaping the European Union's Common Foreign and Security Policy. Economic sanctions emerged as one of CFSP's central tools. Yet despite the emergence of sanctions as a popular instrument in the EU foreign policy toolbox, public attitudes towards sanctions are yet to be studied in depth. This article explains public support for EU sanctions, using the empirical example of sanctions against Russia. It looks at geopolitical attitudes, economic motivations and ideational factors to explain the variation in public support for sanctions. The conclusion suggests that geopolitical factors are the most important, and that economic factors matter very little. Euroscepticism and anti‐Americanism play an important role in explaining the support for sanctions at the individual level.     

Sanctions and Education Outcomes for Children in TANF Families

Most research on the impact of Welfare Reform has been upon the employment status of parents and trends in declining caseloads. Recent research has examined how children in Temporary Assistance to Needy Families (TANF) program families are faring, with growing interest in the effects upon children of the disruptions to cash benefits that result from program sanctions, the policies that are intended to motivate parents to comply with work requirements. Adding to the body of knowledge on children and TANF sanctions, this study used administrative data to examine school attendance rates and disruptions to enrollment, for children from families with at least one sanction. Findings indicate that there are important probable connections between the factors that contribute to challenges to employment that relate to parenting and the school engagement of children in TANF families.     

Recent Trends in Sentencing Policies in the Netherlands

This article considers sentencing in the Netherlands and in particular the changes that have been introduced since the 1980s, both in the adult and in the juvenile justice system. Several questions will be treated in the article. Sentencing in the Netherlands in the last two decades is analysed and some explanations for the changing trends are presented. Results indicate that the Netherlands is following a general pattern, prevalent in Europe and the US, of more punitive and repressive punishment. Also, the extent to which new sentencing options, such as community sanctions have made a difference to the upward trend in imprisonment, will be analysed. In an effort to reduce the costs of the system new policies are being developed, introducing both 'front door' and 'back door' varieties in sentencing. These will lead to some important and radical changes in the criminal justice system.     

预防性羁押在我国的适用

我国刑事诉讼法修订后,在逮捕条件中确立了预防性羁押制度,但只作了一般性的规定,目前,当务之急是要进一步明确预防性羁押的适用范围,适用程序,以对其进行严格的限制,从而最大限度地实现人权保障和社会防卫之间的平衡。     

Shock incarceration and positive adjustment during community supervision

This study examines the adjustment of offenders from shock incarceration programs (boot-camp prisons) during community supervision over a 1-year followup period in five states. Their performance is compared to comparison groups who were eligible for the shock program but did not attend. An index was used to quantify the positive activities of offenders. The results provide little conclusive evidence that the shock incarceration programs had a positive effect on offender behavior. The data do suggest that supervision intensity plays an important role in shaping offenders' activities during community supervision.This investigation was supported in part by Grant 90-DD-CX-0061 from the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice to the University of Maryland. Points of view in this document are those of the authors and do not necessarily represent the official position of the U.S. Department of Justice.An earlier version of this paper was presented at the Annual Meeting of the Academy of Criminal Justice Sciences, March 1994, Chicago, Illinois.     

The British general election: Synthetic forecasts

Election forecasting work, in Britain and elsewhere, has been confined mainly to traditional approaches – statistical modeling or poll-watching. We import a new approach, which we call synthetic modeling. These models, developed out of forecasting efforts from the American 2012 presidential election, we are currently testing in a comparative European context. In this exercise, we apply the strategy to forecasting British general elections, in particular the upcoming 2015 contest. These synthetic forecasts come from hybrid models blending structural knowledge with contemporary public opinion. We generate ongoing nowcasts, from six months prior, to one month before, Election Day itself.     

Against All Odds? Russia’s Financial Crisis and Global Geopolitics

Over the past 15 years, Russia’s model of political-economy has evolved around three main channels of global economic integration: 1) export of natural resources and a national system of redistribution of export revenues; 2) financialisation, acting as a boost for domestic consumption/demand; and 3) the offshore integration of Russian capital into global capital markets. The current crisis is affecting all three channels of Russia’s global political economy. Together, reduced export revenues, the deepening financial crisis and the dominance of offshore-sourced investments into Russia, serve as crisis transmission mechanisms, and thus constitute three sets of (inter-related) dilemmas for the Russian authorities. Four scenarios of possible development of the current situation are provided.