论非法拘禁罪的行为对象

在我国的司法实践中,就侵犯公民权益的案件而言,似乎只有直接对公民生命和健康造成侵害的犯罪才受到关注,而作为直接保障公民人身自由的非法拘禁罪并未引起人们足够的重视。而正是如此,对非法拘禁罪的研究才更有现实意义。     

How moral disengagement facilitates the detention of refugee children and families

Refugee children and families are a vulnerable demographic with the propensity to disrupt entrenched disparaging perceptions about immigrants. This project investigates how institutionalised moral disengagement practices [Bandura, Albert. 2002. “Selective Moral Disengagement in the Exercise of Moral Agency.” Journal of Moral Education 31: 101–119] at family detention centres facilitate the apprehension and confinement of children and families seeking asylum. Interviews with former volunteers and an analysis of news reports describing conditions at these centres reveal that moral disengagement plays a pivotal role in rationalising detention, while also enabling restrictive immigration policies and mass deportations. This occurs through the criminalisation of immigrants, suppressing details about residential conditions, and a quota capacity model. Findings are contextualised with regard to recent immigration legislations.     

Women and border policing at the edges of Europe

While states around the world have responded to mass mobility by increasing border policing, our knowledge of the daily reality of that form of policing remains limited. How migrant women are policed has been particularly neglected. The political and practical difficulty of examining the context, process and experience of border control practices appears often to be insurmountable. This article contributes to filling some of the gaps in our knowledge by drawing on ethnographic data collected over a 12-month period in Greek immigration detention centres from 2011 to 2012. In it we examine the experience of policing and irregular entry across the Greek Turkey border – an entry-point to Europe that is routinely regarded as being in crisis. As we will demonstrate, border policing at this site is capricious and unpredictable. It is also highly racialised and gendered.     

The social adjustment of children of low intelligence: Part III 1

This article examines the dilemmas faced by undocumented immigrants within the criminal justice system vis-à-vis the immigrant detention center and the resulting implications for social work. It explores the new realities for undocumented immigrants in the United States, including an explanation of state policies that have led to the criminalization of immigrants. The criminal justice and homeland security responses to undocumented immigrants, including the trend toward the privatization of immigration detention centers are analyzed. Finally, the implications of these trends for social work practice are discussed.     

未决羁押性质之比较研究

未决羁押在不同的社会形态中反映出不同的性质，在不同的诉讼阶段也有不同的意义，基本上已经成为一种制度化的刑事诉讼强制措施。分析西方各国未决羁押制度的现状可以总结出各国未决羁押的特点。从这种比较中可以更好地理解我国未决羁押的现状和特点，也可以看到我国学术界对未决羁押性质的模糊认识所带来的问题。如欲解决这些问题，我国需要确定未决羁押的法定化，建立未决羁押的司法审查机制，未决羁押的司法救济机制，使未决羁押成为一个较封闭的司法控制系统。     

Staff and family attitudes to fences as a means of detaining people with dementia in residential aged care settings: The tension between physical and emotional safety

This study investigates staff and family attitudes towards the use of the fences that surround many aged care facilities in Australia, in the context of indefinite detention of people with dementia. This indefinite detention has been described in a report from an Australian Senate Inquiry as “a significant problem within the aged care context”, which “is often informal, unregulated and unlawful”. Five focus groups comprising direct care workers, family members, nurse unit managers and facility managers discussed the reasons for and their attitudes towards fences. The results show a tension between the provision of physical and emotional safety. This is to say that even while it is illegal to detain people with dementia against their will, and even while participants understood the negative impact of fences on the well‐being and emotional safety of people with dementia, they accepted and supported the presence of perimeter fences because they provided the perception that fences kept people with dementia physically safe. This has implications for redressing the balance between physical and emotional safety in policy and practice.     

What’s a Parent to Do? How Parents Respond to Notification of a Child’s Police Detention

The current qualitative study involved in-depth semistructured interviews with parents whose children had been taken into custody. Their initial emotional reactions, cognitive processing, and behavioral responses to their child’s detention were examined. Five themes emerged from the data: (1) Parents try to defer immediate interactions with the child rather than react out of emotion; (2) Parents feel anger toward their child, but disappointment and shock are more strongly expressed emotional responses; (3) Parents do not accept the behavior but do not reject their child; (4) Police behaviors communicate the seriousness of the act; and (5) The entire family suffers consequences from the child’s act. Findings highlight the experiences of the parents as they interacted with the juvenile justice system.     

Exploring parent–child communication in the context of threat: immigrant families facing detention and deportation in post-9/11 USA

This paper explores whether and how documented and undocumented migrant parents communicate with their children about the threats posed by the intensified enforcement of 1996 and 2001 US immigration reforms; whether parents facing potential detention and deportation plan for the care of their children; and whether their children learn from other sources about detention and deportation. The focus of this paper emerged in the context of a multiyear participatory and action research (PAR) process as one effort to understand the multiple meanings and divergent perspectives on parental–child communication that arose among and between participants and coresearchers. The aim is to better understand, in parents' own voices, their embrace of and resistance to direct communication with their children about the threat of deportation. Data are triangulated from in-depth interviews with 18 Central American immigrant coresearchers (Study 1), responses of 132 Latino/a immigrant parents to a survey with open-ended questions (Study 2), and conversations in a series of community meetings and workshops. Findings confirm the importance for advocates, service providers, and researchers to understand migrant parents' decisions about communication within the context of family and community values; gender expectations; lived and psychological experiences of being criminalized; and strategies to manage daily challenges of living without documents while parenting US-citizen children.     

论扣押程序的正当化与域外资产追回机制

在我国,扣押是一种常规的对物的侦查手段。在启动程序、决定程序、配套程序、程序救济与制裁等方面,我国扣押制度存在一系列问题,影响了它在域外资产追回中应有的作用。当前,我国可在坚持司法主权的原则下,将扣押界定为刑事强制处分、明确其所有权归属、坚持司法救济原则、完善司法协助中异议与裁决机制。     

审前羁押定期复查制度探微

阐述审前羁押定期复查制度的价值基础,并从比较法的角度对该项制度的适用主体、适用条件及适用程序进行了分析,认为我国目前司法实务中存在着审前羁押适用比例过高、超期羁押现象严重等诸多问题,引入该项制度既具有现实的必要性,又具有一定的容许性。结合我国司法实际,提出构建该项制度的具体设想,以期完善我国的审前羁押制度。