试论北京市城乡结合部的犯罪防控模式——破窗理论的构建与应用

北京市城乡结合部的社会环境与社会结构非常特殊,现代文明与犯罪亚文化剧烈冲突,社会治安乱点集中,社会防控力量薄弱,滋生了大量犯罪。本文对北京市城乡结合部的犯罪特点进行了分析,在此基础上构建出相应的犯罪防控模式,以最大限度的预防犯罪的发生。     

城乡结合部居民法律意识现状的研究——基于太原市上兰村社会调查的视角

城乡结合部地区法制化建设存在着许多值得我们思考和注意的问题,诸如居民参政意识薄弱,法律意识淡薄,领导队伍法律水平偏低等问题。加强城乡结合部法治文化建设,大力开展基层法律服务,加强基层领导法律素养,切实提高这部分居民法律意识,对于推进我国的法制化建设有着重要意义。     

关于对城乡结合部治安综合治理的思考

当前城乡结合部呈现多元利益结构、社会阶层复杂、管理相对不规范等特征，由于其处农村与城市的过渡区域，多种行政管理体系的分界线，又是农村文明与城市文明碰撞交融的汇合处，往往是矛盾纠纷、治安问题、刑事案件、违法犯罪高发区域。如何抓好城乡结合部治安综合治理，强化社会管理工作，促进社会和谐稳定，是值得我们认真思考和亟待解决的问题。     

妙龄女子独走夜路惨遭毒手

当无数大学生成为都市蚁族,当蚁族们工作在都市中心租住在城乡结合部,当蚁族们披星戴月奔波在城乡之间,当女蚁族独自在暗夜里狂奔回城郊的出租屋时,有多少人会想到,在时而人车喧闹、时而寂静无人的城乡结合部,有多少"独狼"盯着那些独自走夜     

对城市房屋拆迂安置中“公共利益”的思考——从具体案例出发兼论《国有土地上房屋征收与补偿条例》

随着我国经济的快速发展，城乡一体化建设如火如荼的开展。特别是城乡结合部的城市化进程日益加快，城市房屋拆迁改造过程中的纠纷日益突出。本文试图对城市房屋拆迁改造中的“公共利益”问题进行阐释。     

检察机关促进经济开发区社会管理创新的思考

经济开发区绝大多数既是城乡结合部,又有大量城中村,流动人口多,管理难度大,加之项目建设点多面广,往往是黑恶势力的争利焦点。因此检察机关促进经济开发区社会管理创新就显的尤为重要。     

“自投罗网”的举报人

北京的十八里店派出所处于城乡结合部，这里流动人口多，治安情况复杂，尤其是拎包、盗窃机动车等侵财案子多发又难以破获，可是最近一个报案人的出现却让警方不仅抓获了窃贼，而且还迅速破获了一起杀人案。     

城乡结合部文化产业发展的路径选择

文化建设是社会主义新农村建设的重要内容，深入贯彻落实文化建设的方针战略是新农村文化产业发展的重要保障。城乡结合部作为社会主义新农村建设的桥头堡，其文化发展将给整个新农村文化产业以示范。     

论城乡结合部未成年人违法犯罪的特点、原因与防范

城乡结合部未成年人违法犯罪是其特定社会环境下滋生的复杂社会问题,具有特定的产生原因和特点,应发挥学校、政府、家庭乃至社会的不同作用,采取不同措施对其防范和治理。     

论城乡结合部未成年人违法犯罪的特点、原因与防范

本文指出城乡结合部未成年人违法犯罪具有特定的产生原因和特点,应发挥学校、政府、家庭乃至社会的不同作用,采取不同措施对其防范和治理。     

Political Elites, “Broken Windows”, and the Commodification of Urban Space

This article seeks to uncover the reasons for acceptance of the “broken windows” hypothesis amongst New York City’s political elite. Previous critical approaches have generally sought to challenge broken windows by showing that it is empirically suspect. While such approaches are indispensable, they tend to avoid addressing the problem of why, despite its lack of empirical support, political elites continually endorse the broken windows hypothesis as if it were an indisputable, scientifically established truth. In order to address this problem and extend the critical literature, I utilize an interpretive approach based on political memos, press releases, and other political documents from the Giuliani and Bloomberg administrations. Through an analysis of the official response to graffiti, unruly individuals and noise, I argue that broken windows is embraced by political elites insofar as it serves the interests of growth machines, which essentially seek to commodify and exploit urban spaces.     

Rorschach Tests,Pluralism, and Hopes for the Future: A Response to the Responses

In this essay, I address some of the concerns raised by contributors to the Symposium on Invitation to Law & Society: An Introduction to the Study of Real Law. I argue that law and society scholarship focusing on race increasingly offers some of our field's best empirical analyses of the interpenetration of law and society; I emphasize the importance of the methodological and theoretical diversity that characterizes our fragmented field, arguing that our pluralism is one of our greatest strengths; I clarify my intended meaning of the term “real law” as I use it in the book's subtitle, as a way to underscore the socially constituted quality of all law; I attempt to rescue the reputation of dialectics from charges of “relativism”; and I reiterate my appreciation for our field's engagement with questions of social justice that has characterized it since its inception. In the second half of the essay, I briefly describe my current prison research and offer some thoughts for the future of our field.     

Peer‐learning at university,trusting the students

This paper is a development of the Association of Law Teachers’ annual Lord Upjohn lecture, delivered on 29 January 2015 at City Law School, London, by the principal investigators of the Legal Education and Training Review’s (LETR) research team. In it, each of the authors takes a different theme arising from the LETR Report, and explores its implications and application, focusing on research and innovation; access and flexibility; deprofessionalisation, and, finally, reflecting on the way the Report addressed themes of common training, oversupply and access to justice. As our title indicates, the paper comprises both individual performances and performance as a consort, and we hope that in this way, we enact one of our key themes: the social nature of legal education and its regulation.     

Constitutional Irresolution: Law and the Framing of Civil Society

Abstract: Against the constitutional optimism that pervades our political rationality, I will argue the case for a disorganised civil society, genuinely plural, resistant to dominant representations that call it into line and thus undercut its radical potential. I will explore some of the more adventurous and persuasive such attempts to argue for an inclusive constitutionalism, one that supposedly reaches out to civil society and in order to do so relaxes the rigidity of its own terms, to harbour and host the diversity it aspires to represent. I will argue that these attempts at inclusion create constitutional irresolutions either forcing impossible demands on constitutionalism or dispelling the disorganisation it is meant to give expression to. I will then argue that in spite of the inability to capture them as constitutional moments, politics of ‘pure presence’ and real self‐determination are possible, and against constitutional mystifications, resistance might find its opportunity in praxis, understood in the language of praxis philosophy (more specifically the work of Antonio Negri).     

Objectivity versus political and moral commitment? For science and partisanship in criminology

Conclusion Though this essay has been concerned with the possibility of value-neutral inquiry in criminology, its central purpose has been much broader. It has been argued, controversially, that not only is it impossible to sustain the fact/value distinction in social science, but that such a finding does not commit us to a science that is merely ideologically contingent relativism. In this view, it is possible (and necessary) to conceive of a social scientific enterprise that can apprehend an objective material reality that exists independent of our consciousness of it without succumbing to the pretense of value-neutrality. Because the argument that has been made here is a quite unusual one, it cannot hope to claim finality for its findings. However, if it begins the process of provoking debate and discussion on these issues, it will have accomplished its purpose.I wish to acknowledge the helpful comments of two anonymous reviewers. Though I did not follow their advice in every instance, to the extent that this essay is a better product, it is due largely to them.     

Disintermediation

Disintermediation is a concept well understood in almost all industries. At its simplest, it refers to the process by which intermediaries in a supply chain are eliminated, most often by digital re-engineering of process and workflow. It can often result in streamlined processes that appear more customer-focused. It can also result in the destruction of almost entire industries and occupations, and the re-design of almost every aspect of customer and client-facing activity. To date, legal education in particular has not given much attention to the process. In this article I explore some of the theory that has been constructed around the concept. I then examine some of the consequences that disintermediation is having upon our teaching and learning, and on our research on legal education, as part of the general landscape of the digital media churn; evaluate its effects, and show how we might use aspects of it in two case studies that are, effectively, versions of the future of legal education.     

The boundaries of law and the purpose of legal philosophy

Many of the current debates in jurisprudence focus on articulating the boundaries of law. In this essay I challenge this approach on two separate grounds. I first argue that if such debates are to be about law, their purported subject, they ought to pay closer attention to the practice. When such attention is taken it turns out that most of the debates on the boundaries of law are probably indeterminate. I show this in particular with regard to the debate between inclusive and exclusive positivists: I present several ways of understanding what this debate is about and argue that none of them is defensible. My second argument focuses more on the purpose of jurisprudential inquiry. I argue there that even if some jurisprudential debates have determinate answers, it does not follow that they deserve our attention, because not all true facts are worth knowing. After discussing and rejecting the claim that jurisprudence could be justified as knowledge for its own sake, I propose one possible justification for engaging in legal philosophy and outline its implications for the kind of issues that should be pursued. Assistant Professor, University of Warwick School of Law. The Essay was presented in the Oxford Jurisprudence Discussion Group. I thank participants there for their comments.     

Schauer on Coercion,Acceptance, and Schizophrenia

This article provides a comment on The Force of Law (Schauer 2015), which is Schauer's new and illuminating contribution to the place of law in our societies and in our lives. It constitutes a strong defence of the importance of coercion in law. First, I consider cases where the law is not able to motivate human behaviour adequately, in order to show that legal coercion is not always justified. Second, I examine the Rawlsian distinction between the ideal and the nonideal theory and its application to the theory of law. Third, I tentatively argue that coercion has no place in ideal theory, but a core place in nonideal theory. In this way, it may be plausible to reconstruct the motivation to accept the law, at least when the law is normatively justified.     

浅析交叉询问的运行机制问题——对我国证人质证方式的启示

交叉询问是我们耳熟能详的字眼,对于其具体的规则内容,我们也非常熟悉。本文将焦点集中于交叉询问的运行机制问题,即何种条件能使交叉询问发挥其最优价值。当前,我国庭审中证人质证的方式虽基本具备了交叉询问的外壳,但其功能性价值却收效甚微,这是令人迷惘之处。笔者认为,解决问题的前提是先要明确交叉询问的运行机制,只有这样方能解我国＂交叉询问＂流于形式之惑。故本文从交叉询问的案件范围、运行条件两方面进行分析,继而将我国证人质证方式之弊病呈现于眼前,弄清两种质证方式运行环境之差别,进而得出我国证人质证方式合理构建之框架思路。     

关于案例指导制度在中国建立的两个困境

我很想对案例指导制度讲一些话,因为前些年在郑州法院搞先例制度的时候,我曾经实地考察过,也和当时的院长比较细致地探讨了这个问题,和他们两位法官也讨论过。两位法官和我有一番论证,他们俩是坚决反对,认为一个区法院怎么可以搞一个先例制度呢？他们认为至少应当在最高人民法院或者是高级人民法院这个层次。