行政强制措施检察监督研究

对行政强制措施实行检察监督是十八届四中全会赋予检察机关的改革任务。在全面依法治国和监察体制改革背景下,检察机关履行行政强制措施检察监督职能既有必要性,也有可行性。在下一步检察改革过程中,应当坚持有限监督、适时监督、行政先行救济原则,探索采用检察建议、支持起诉、督促纠正违法、提请责任追究等方式对违法行政强制措施进行监督。     

清洁提单保函与交易安全研究

托运人向承运人开具清洁提单保函、承运人向托运人签发清洁提单的做法在当前国际货物海运中极为普遍。国际公约、国际组织规则、各国法律以及司法实践对清洁提单保函的性质、效力等仍存在诸多争议。在国际货物海运中,因清洁提单保函引发的纠纷层出不穷。尝试厘清清洁提单保函的性质和效力,探讨清洁提单保函无效的法律后果及其对交易安全的影响,提出针对性的保护方式,旨为应对清洁提单保函带来的问题提供参考。     

星星之火，何以燎原——论社会保障国际合作的兴起与发展

由于海外劳工在境外就业期间往往会遭遇社会保障双重缺失、社会保障双重缴费以及社会保障待遇支付障碍等诸多困境,使得西欧国家于20世纪初开始探索开展社会保障国际合作,主要方式是国家之间签署社会保障国际协定,合理地承担和分享海外劳工社会保障的责任与效益。经过一个多世纪的发展,社会保障国际合作开始由探索时期步入成熟时期,不仅在覆盖区域、惠及人群以及主要内容方面实现了由小到大、由少到多和由点到面的发展,而且在合作方式上实现了由双边协定到双边与多边协定并举的发展,进而成为了全球各国维护海外劳工社会保障权益的有效途径。     

Identity,security and the nation: understanding the South Korean response to North Korean defectors

From the Cold War era of the ‘veteran heroes’ to the present view of escaped North Koreans in terms more akin to ‘refugees’ and sometimes even just ‘migrants’, perceptions of North Korean defectors in South Korea have changed as swiftly as the number and origins of Northerners entering the South have expanded. At the same time, government policy for these ethnic ‘brethren’ has evolved considerably, particularly as South Korea has seen fundamental shifts in its independent identity, with important repercussions for the way its citizens view themselves as a collective. This article explores some of the key influences behind changes to policy and perceptions regarding North Korean people in South Korea over the period from 1997 to 2012, by applying international relations theory on national identity and its role in policy formation and change through the need to secure different parameters within that identity.     

RESEARCHING RELATIONSHIPS FROM AN ATTACHMENT PERSPECTIVE: THE USE OF BEHAVIOURAL,INTERVIEW, SELF‐REPORT AND PROJECTIVE MEASURES

Having demonstrated its credentials as one of the more elegant and robust conceptualisations of human relationships, attachment theory has considerable relevance to social work. Attachment‐based research has flourished over the past few years and it now includes an impressive array of studies across the lifespan. This article considers four different measures used in attachment‐based research, although more discussion is devoted to interview and projective measures because they specifically embrace a psychodynamic approach in their design and analytic focus. The aim of the article is to provide a brief overview of each measure and to offer some illustrative examples using practice‐related material.     

Nonparametric analysis of treatment effects with missing observations

This paper develops a test for comparing treatment effects when observations are missing at random for repeated measures data on independent subjects. It is assumed that missingness at any occasion follows a Bernoulli distribution. It is shown that the distribution of the vector of linear rank statistics depends on the unknown parameters of the probability law that governs missingness, which is absent in the existing conditional methods employing rank statistics. This dependence is through the variance–covariance matrix of the vector of linear ranks. The test statistic is a quadratic form in the linear rank statistics when the variance–covariance matrix is estimated. The limiting distribution of the test statistic is derived under the null hypothesis. Several methods of estimating the unknown components of the variance–covariance matrix are considered. The estimate that produces stable empirical Type I error rate while maintaining the highest power among the competing tests is recommended for implementation in practice. Simulation studies are also presented to show the advantage of the proposed test over other rank-based tests that do not account for the randomness in the missing data pattern. Our method is shown to have the highest power while also maintaining near-nominal Type I error rates. Our results clearly illustrate that even for an ignorable missingness mechanism, the randomness in the pattern of missingness cannot be ignored. A real data example is presented to highlight the effectiveness of the proposed method.     

A Security Model and Legal Guarantee for Chinese Maritime Shipping: As Exemplified in the Response to Piracy along the 21st Century Maritime Silk Road

The Belt and Road Initiative is an important decision for the great rejuvenation of the Chinese nation. Maritime security has a significant place in this process. In recent years, there have been frequent violent terrorist incidents at sea, including piracy, armed hijackings and terrorist attacks, posing a dire threat to both international and Chinese maritime transport interests and seriously challenging the fulfillment of the maritime part of the “Belt and Road Initiative.” Five direct measures can be taken to protect ocean shipping from violence at sea. One example is the defensive measures taken against the Somali pirates. The employment of armed guards from professional security companies on board ship is an effective model for guaranteeing maritime security; it not only meets the standards of international law, but is also legally permitted in many developed countries and regions, and is thus strategically significant for overall Chinese maritime security. In the Chinese context, this model carries its own legal risks. We should embrace a new approach to national security law, strengthen legal guarantees and make concerted efforts to provide warship (military aircraft) escorts to jointly build an optimum model of Chinese maritime security in order to ensure the realization of core Chinese maritime interests.     

A Framework for Analyzing the Economic Tradeoffs Between Urban Commerce and Security Against Terrorism

This article presents a framework for economic consequence analysis of terrorism countermeasures. It specifies major categories of direct and indirect costs, benefits, spillover effects, and transfer payments that must be estimated in a comprehensive assessment. It develops a spreadsheet tool for data collection, storage, and refinement, as well as estimation of the various components of the necessary economic accounts. It also illustrates the usefulness of the framework in the first assessment of the tradeoffs between enhanced security and changes in commercial activity in an urban area, with explicit attention to the role of spillover effects. The article also contributes a practical user interface to the model for emergency managers.     

80后农民工的城市就业现状与对策建议

分析了80后农民工在城市的就业特征,主要从四方面提出了对策建议:建立健全80后农民工就业的社会保障机制;改革创新80后农民工就业培训模式;为农民工塑造良好的工作环境;构建农民工双向流迁就业体系。     

The ‘affective security curriculum’: breeding JBs through the marriage of the academic and the jingoistic

How does the US recruit its citizen spies used to maintain and proliferate coercive power? I use an interdisciplinary approach and a framework of affect theory to argue that there is an ‘affective security curriculum’ (ASC) that assists in explaining the tendencies towards jingoism used in the recruitment and indoctrination of students – as future security workers – in certain academic disciplines. The ASC is precisely the phenomenon that works to construct this expert class and is produced by order words, the most crucial of which is ‘terrorism’, as well as larger cultural norms linked to neoliberalism that have achieved near total dominance since the 1980s. The ASC works by intensifying the (in)ability to act for those in its domain. The necessity of linguistically proficient security workers to the US’ hegemonic project makes this a question of considerable political importance. The ASC is a different approach to answering questions of how US hegemony is maintained. Whereas positivist research agendas, such as content analysis, and postpositivist approaches, such as critical discourse analysis, certainly have their uses (and to which my notion of ASC is indebted), paradigms such as these fail to focus on the engendering processes at work vis-à-vis the expert class, without which the discursive frames such methodologies analyse would simply dissipate. My overarching purpose in this paper is to develop the concept of the ASC, its quiddity, and to present at least an incipient methodology for analysing its critical duties. As my primary intent is to introduce and conceptualize the theoretical framework of the affective security curriculum, the applied segment of this endeavour will be relatively brief – and is designed as a primer for further research.