Cause Analysis and Enlightenment of “Certainty” in China’s Anti-monopoly Administrative Law Enforcement and Prospect of Law Enforcement in Tobacco Industry

2021 ◽  
Vol 7 (5) ◽  
pp. 1585-1597
Author(s):  
Zhou Chenxi
Keyword(s):  
Law Enforcement ◽  
Tobacco Industry ◽  
Administrative Law ◽  
Public Interests ◽  
Public Interest Litigation ◽  
Cause Analysis ◽  
Law Enforcement Agency ◽  
Illegal Acts ◽  
Enforcement Mechanisms

China’s anti-monopoly administrative law enforcement is highly certain, that is, most parties generally abandon the filing of administrative lawsuits after receiving the punishment decision made by the anti-monopoly law enforcement agency. “Certainty“ is formed by the three factors: illegal acts generally lack actionable value; the parties lack reasonable expectations towards changing the punishment way and reducing the punishment amount; and there are abundant formal punishment and substantive reconciliation. In this context, it is necessary to build scientific law enforcement rules and flexible law enforcement mechanisms to reduce false interventions in “false positives”. At the same time, we need perfect the anti-monopoly follow-up litigation to reinforce the link between anti-monopoly civil litigation and administrative law enforcement. However, in industries with monopoly license such as tobacco industry, it is also necessary to explore the establishment of a public interest litigation mechanism to protect the interests of market subjects at the same time of safeguarding social public interests.

scholarly journals An Analysis on the Control of Administrative Discretion

2021 ◽  
Vol 9 (4) ◽  
Author(s):  
Xiaojian Feng
Keyword(s):  
Law Enforcement ◽  
Judicial Review ◽  
Administrative Law ◽  
Discretionary Power ◽  
Administrative Discretion ◽  
Administrative Agency ◽  
Administrative Power ◽  
Law Enforcement Agency ◽  
Administrative Agencies ◽  
The Law

Administrative discretion means that administrative agencies can exercise their rights based on their own judgment and actual conditions when dealing with matters that are not authorized by the law or have not made detailed provisions.The existence of administrative discretion is not only the result of the expansion of administrative power,but also to adapt to administrative differences in different regions and departments,and to maintain social fairness and justice.However,the existence of rights leads to abuse and corruption,which requires the legislature to control the problem of excessive discretionary power from the source. The administrative law enforcement agency further improves the administrative reconsideration,strengthens the selection and supervision of the staff of the administrative agency,and the judicial agency improves the judicial review.

Do New Chiefs Mean Fresh Perspectives? The Institutionalization of the Police Executive Environment

2021 ◽  
pp. 009385482110067
Author(s):  
Matthew C. Matusiak
Keyword(s):  
Law Enforcement ◽  
Regression Models ◽  
Ordinary Least Squares ◽  
Limited Attention ◽  
Control Group ◽  
Multivariate Methods ◽  
Environmental Perceptions ◽  
Police Organizations ◽  
Law Enforcement Agency ◽  
Time Periods

Research suggests policing is a highly institutionalized field. Limited attention has been paid, however, to the institutionalization of leaders’ views. Assessing turnover in 71 Texas police organizations between October, 2011, and July, 2015, this research evaluates whether there is consistency (i.e., institutional homogenization) after turnover in chiefs’ perceptions of their environments and agency priorities. The research is unique in that it assesses two chiefs’ perceptions that have both led the same law enforcement agency in successive time periods. Assessments of environment and priorities from former chiefs and those replacing them are evaluated utilizing descriptive, bivariate, and multivariate methods. These assessments are also compared with a control group of chiefs from agencies not experiencing turnover. Bivariate results suggest little variation across current and former chiefs, whereas ordinary least squares (OLS) regression models suggest differing relationships across chiefs groups between environmental perceptions and agency priorities. Discussion of the findings is framed by institutional theory.

Medicaid Not Required to Fund Medically Necessary Abortions

1980 ◽  
Vol 1 (8) ◽  
pp. 3-6
Author(s):  
George J. Annas
Keyword(s):  
United States ◽  
Law Enforcement ◽  
United States Supreme Court ◽  
The United States ◽  
United States Constitution ◽  
Medical Procedures ◽  
Poor Women ◽  
Law Enforcement Agency ◽  
The Individual ◽  
Joint Resolution

In an extraordinary and highly controversial 5-4 decision, the United States Supreme Court decided on June 30, 1980, that the United States Constitution does not require either the federal government or the individual states to fund medically necessary abortions for poor women who qualify for Medicaid.At issue in this case is the constitutionality of the Hyde Amendment. The applicable 1980 version provides:|N]one of the funds provided by this joint resolution shall be used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term; or except for such medical procedures necessary for the victims of rape or incest when such rape or incest has been reported promptly to a law enforcement agency or public health service, (emphasis supplied)

Evaluation of ‘the R-Model’ crisis intervention de-escalation training for law enforcement

2019 ◽  
Vol 93 (4) ◽  
pp. 271-289 ◽  
Author(s):  
Jillian Peterson ◽  
James Densley ◽  
Gina Erickson
Keyword(s):  
Law Enforcement ◽  
Crisis Intervention ◽  
Health Resources ◽  
Police Department ◽  
Preliminary Evidence ◽  
Outcome Evaluation ◽  
Calls For Service ◽  
Model Research ◽  
One Year

This study presents findings from a process and outcome evaluation of a custom crisis intervention and de-escalation training for law enforcement, delivered in-house to a suburban Minnesota police department (the R-Model: Research, Respond, Refer). Individual officer survey data showed the R-Model significantly decreased stigma and increased self-reported knowledge of mental health resources over baseline. Knowledge of resources held at the 4-month follow-up. One-year follow-up data at the agency level, showed decreases in the number of crisis calls for service and the number of repeat calls to the same addresses, even when compared to crisis call rates at similar police departments. Findings provide preliminary evidence that the R-Model may be an effective model that warrants additional study.

Alcoholism and Law Enforcement

1963 ◽  
Vol 9 (1) ◽  
pp. 84-88 ◽  
Author(s):  
Robert F. Borkenstein
Keyword(s):  
Law Enforcement ◽  
Antisocial Behavior ◽  
Public Safety ◽  
Criminal Code ◽  
Alcoholic Beverages ◽  
General Law ◽  
Law Enforcement Agency

The responsibility of the progressive law enforcement agency is to gain compliance with laws that promote harmony in society. Alcohol tends ,to alter the attitudes of otherwise law-abiding citizens so that there is a high correlation between the excessive use of alcohol and antisocial behavior. Laws in the criminal code dealing with alcohol fall roughly into four categories—those dealing directly with public safety, those that reflect moral at titudes, those reflecting the attitudes of loud minorities, and those dealing with the licensing, revenue, or sale of alcoholic beverages. From the standpoint of the general law enforcement agency, the only laws worthy of energetic enforcement are those dealing with public safety. The others are usually enforced by agencies with special and limited jurisdiction.

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