消防法中责令停止执业的法律依据

《消防法》规定的责令停止执业是对有法定消防行政违法行为的单位予以暂停相应资质、资格的一种处罚措施。其处罚主体为国家认证认可监督管理委员会以及地方质检部门;其处罚过程应适用听证程序,并确认、核实情节是否严重;其处罚实施应附有合理期限,同时需要采取相应保障措施。     

Reforming China’s defense industry

ABSTRACT

Even with sizable economic inputs, access to foreign technologies, and considerable political will, China, up until the late 1990s, experienced only limited success when it came to the local design, development, and manufacture of advanced conventional weapons. Not surprisingly, therefore, reforming the local defense industry in order to upgrade its technology base and manufacturing capabilities and to make armaments production more efficient and cost-effective has long preoccupied the Chinese leadership. The fact that most of these efforts had little positive impact on the country’s military technological and industrial capabilities only encouraged Beijing to experiment with additional reforms in the hopes of finally getting it right.     

Expanding the Dragon’s Reach:The Rise of China’s Anti-access Naval Doctrine and Forces

Among the multiple dimensions of the tous azimuths modernisation of Chinese naval forces, the development of China’s anti-access capacity has recently elicited considerable interest. The important link between this capacity and an overarching vision of the use of force – i.e. a naval doctrine – has, however, often been left implicit. This article shows that the particular development of China’s naval anti-access forces – more precisely, forces with an impact on the naval balance – can be explained by a shift of China’s naval doctrine towards a distinctly pre-emptive posture, which, itself, stems from the set of constraints imposed by the framework of ‘local war under informationised conditions’.     

Hardening the Hard,Softening the Soft: Assertiveness and China’s Regional Strategy

There is a growing view that the emerging brand of Chinese regional diplomacy in recent years is increasingly assertive. This article attempts to make better sense of this perceived more forceful Chinese diplomacy. It argues that Chinese regional behavior is more profitably understood through the lens of a two-pronged foreign policy strategy that combines two particular aspects. One is a tougher and more uncompromising approach toward issues that China regards as concerning its core interests. The other is a more flexible and cooperative position toward interests that, while significant, are of secondary importance.     

Detecting Problems in Military Expenditure Data Using Digital Analysis

The UN asks governments to report key figures of their annual military budgets with the aim of creating trust among member states. This goal can only be achieved if the data reported is accurate. However, although there are many reasons for governments to falsify data, the UN does not check for manipulation. In this paper, we apply Benford’s law to the military expenditure data of 27 states taken from the UN register. Our analysis of the first digits shows that the states with the greatest deviations from the expected Benford distribution and therefore the lowest data quality are the USA and the UK.     

Police Corruption: Towards a Working Definition

According to the International Committee of the Red Cross (ICRC) publication Interpretive Guidance on the Notion of Direct Participation in Hostilities under International Humanitarian Law, all civilians (including child soldiers) lose their immunity from direct targeting ‘for so long as’ their actions amount to direct participation in hostilities. All civilians can, however, access the revolving door of protection and return to their civilian activities – complete with full immunity from direct targeting – provided the nature of their direct participation was spontaneous and disorganised. Once it can be ascertained that their participation in hostilities amounts to continuous combative functions, they relinquish their access to the revolving door of protection, and can be targeted at all times until they abandon their formal or functional membership of the belligerent group. This piece analyses how the revolving door phenomenon and the notion of continuous combative functions apply in instances where civilian child soldiers are directly participating in hostilities.     

Lost through non-translation: bringing Clausewitz's writings on ‘new wars’ back in

While Carl von Clausewitz has generally been respected as one of the most profound philosophers of war, his expertise has been regarded as somewhat limited if not even irrelevant to the so-called ‘new wars’ of the post-Cold War world. Many scholars in international relations have claimed that ‘new wars’ are essentially ‘post-Clausewitzian’ and ‘post-trinitarian’ in nature, meaning that they are no longer fathomable through a Clausewitzian framework. However Clausewitz's earlier writings were nearly exclusively dedicated to guerrilla warfare, or what he called ‘small wars’. These writings have been largely overlooked by many analysts of contemporary conflicts. By drawing on his rare and untranslated writings, the article uncovers a critical part of Clausewitz's expertise in asymmetric warfare and shows that, far from being irrelevant in an age where interstate warfare is increasingly being replaced by conflicts between states and semi-/non-state actors, Clausewitz's philosophical writings actually shed new light into the particular interactive dynamics generated during wars waged under conditions of asymmetry.     

What Happened to Israeli Military Thought?

Abstract

This article addresses the following question: how can one explain the neglect of the intellectual aspects of the profession on the part of the Israel Defense Forces (IDF)? The explanations offered for that neglect are a mixture of cultural and societal factors. The cultural explanation focuses on Israeli strategic culture; the traditional Israeli perception of the combination of rich experience and experience-based intuition as a winning ticket; the tendency to extol improvisation; a cult of material strength; and a strong belief in technology. The social explanation stresses the declining attractiveness of a military career for qualitative young Israelis. The article contends that change can take place only if the IDF undergoes a process of institutional intellectualism – if not willingly then one imposed by the political echelon.