司法工作人员涉黑犯罪法律适用问题研究

司法工作人员包庇黑社会性质组织的行为构成徇私枉法罪的关键点,在于司法工作人员在刑事诉讼过程中利用其手中的司法职权实施了包庇黑社会性质组织的渎职行为;具备黑社会性质组织成员身份的司法工作人员包庇、纵容黑社会性质组织应当数罪并罚。     

Of peasants and publics in colonial India: Daduram's story

ABSTRACT

This article uses an exceptionally well-documented law case from the 1650s to offer a fresh perspective on the English experience of Atlantic settlement during its early years. It argues for the centrality of the Essex county quarter sessions court in the building of neighbourhood on the geographic and cultural margins of the Massachusetts Bay colony. By focusing on the north-eastern margin at Cape Ann, the analysis reveals aspects of state building through a common law judicial process which was just as important, but less readily apparent, in other settings. The article addresses three major historiographic areas, engaging with the historical literature on English neighbourhoods and English adaptation to the American environment, on the significance of witchcraft or maleficium in English societies, and on the nature and meanings of law, law courts and judicial process in the building of communities. Case documents also enable the use of some concepts and techniques of literary analysis related to the study of narrative, arguing that judicial verdicts selected and suppressed aspects of local stories elicited during the course of the investigation in order to craft an account of local neighbourhood that suited a broader cultural narrative of Massachusetts Bay’s political consolidation during the 1650s.     

论专利无效司法审查的原则和范围

从国际法角度对专利无效司法审查问题进行探讨,并通过案例分析、法理分析、国际法与国内法的关系角度分析,研究发现:专利无效司法审查是法院的职权范围,应遵循合法审查的原则,应当从实体和程序两个方面进行审查;在实体方面的审查结果,可以根据案情直接作出专利无效或有效的判决;在程序方面,可根据不同情况作出撤销原审查决定、撤销原审查决定并责令专利复审委重新作出审查决定或维持审查决定的判决或裁定。     

论社会公民权的保障——以国家义务的适当承担为出发点

社会福利制度与公民权的结合便形成社会公民权。社会公民权之目的是确保一定的福利水平，使公民过上一种“文明化的生活”。而国家一般通过宪法等形式来确认社会公民权。公民与国家在社会公民权方面的争议可通过社会公民权的适当限制、理性的公众参与以及相应的司法救济予以解决。     

The marginalisation of children by the legal process

A major study carried out in the Melbourne Children's Court, Victoria, Australia, during 1993–1995, of the factors that influence magistrates' decision-making in child abuse cases, found that magistrates relied more on their legal training and individual discretion than on information from the child protection service when making these decisions. Magistrates' emphasis on adversarial procedures meant that the need to establish the facts in a case was the court's primary consideration and that children's interests, and welfare concerns about them, were marginalised in the hearing of child abuse matters. The article reports on this aspect of the larger study: how the adversarial process ill serves the rights, and best interests, of children in the hearing of child abuse matters and provides case examples to illustrate this. The information is drawn from the qualitative and quantitative data gathered for the major study; data collected from the observation of court hearings, interviews with magistrates and court record analysis.     

The American Way

Media consolidation and convergence have increasingly changed the way individuals as both consumers and citizens access, process, and communicate information at the local, national, and global levels. Media industries and institutions influence public perception and occupy our time at work and at home more and more. Media literacy has become recognized as a twenty-first-century skill necessary for civic competence and the development of informed, responsible citizens. Although it has long been established in the curricula of other nations, it is relatively new in the United States. Media literacy is not simply teaching with media—rather, it entails teaching about media. Key frameworks such as the Text, Audience, and Production (TAP) model, which is explained in this article, can be used to help students systematically analyze and evaluate the wide range of media texts they are exposed to on a daily basis. The author discusses how media literacy is also compatible with several of the major strands identified by the National Council for the Social Studies and can be facilitated by the growing range of resources available to teachers.     

试论韩日司法能动性及其对我国的启示

同样的司法制度因实施者的态度不同,分为司法能动主义与司法克制主义。同处东亚的韩国走向了司法能动主义,而日本却走向了司法克制主义。比较研究韩日两国的司法态度,可以看出我国应从司法克制主义走向司法能动主义。     

试论司法考试对地方院校法学教育的改革启示——对北京市一所重点大学法学院的在校生司法考试的意向调查及分析

本文从北京市一所重点大学法学院在校生的司法考试意向调查入手，通过对地方法律院校的法学教育的实证分析．指出了司法考试作为促进职业化教育的手段和导向的重要性。     

Post-employment covenants in the United States: Legal framework and market behaviours

In response to fundamental market changes that are giving labour a much more central role in product market competition, employers often seek to extend their control over human capital beyond termination of the employment relationship. Although empirical studies are scarce, the use of restrictive post‐employment covenants is indeed believed to be widespread. But to what extent can employers lawfully restrict the freedom of their former employees? The author examines the criteria that courts in the United States have considered in balancing employers' legitimate economic interests against labour market efficiency and workers' post‐employment freedom and mobility.     

新闻法治的基本理念与法治新闻的客观报道

新闻法治是依法治国的一部分。新闻法治的基本理念包括：知情权、维护＂人格权＂、更正与答辩权、保密权等。媒体报道司法的权利源于公民对司法信息的知情与表达权;媒体报道司法的法律限制目前主要是要协调媒体报道司法的自由与人格权,即肖像权、名誉权和隐私权等的冲突;重提新闻专业精神是协调该冲突的必要途径。