流浪乞讨与管制--从贫困救助看中央与地方权限的界定

随着《收容遣送办法》的废止,个人自由权利与社会治安秩序之间的现实冲突比过去更为突显。应转变中央和地方关系的传统思维,在允许地方更多自主权和选择权的同时,更充分地保障公民个人的宪法基本权利。无论是中央和地方关系的法律界定,还是公民权利的宪法保障,都要求建立独立的司法机构以审查地方立法的有效性。     

当前广东拐卖妇女儿童犯罪的特点、原因及对策

近年来,广东一些地区拐卖妇女儿童犯罪屡禁不绝,愈演愈烈.拐卖妇女儿童犯罪是一种十分野蛮的犯罪活动,它严重侵害了妇女儿童最基本的人身权利,极大地危害了社会秩序,败坏了社会风气.本文通过分析其犯罪特点及原因,进一步提出相应对策.     

Elderly widows and widowers and their coresidents in late 19th- and early 20th-century England and Wales

This article examines the family and household patterns of widowers and widows in England and Wales between 1891 and 1921 in terms of the proportion of widowers and widows who lived with never- or ever-married children, servants, or inmates, with nonrelatives only, or on their own. The absence of marked change between 1891 and 1921 in the frequency with which elderly widowers and widows lived with a married or never-married child are in line with the Laslett [J. Fam. Hist. 12 (1987) 263.] expectation that family patterns evolve only slowly, certainly much slower than the forces of political and economic change. Where changes can be detected, as in the decline in frequency of coresidence with servants or inmates, these changes were experienced by the younger as well as the older widowed and by married people. Apparently, the residence patterns of the elderly widowed changed due to the introduction of means-tested old-age pensions in 1910. A second investigated is the extent to which the socioeconomic environment influenced the residence patterns of the widowed in a given time period. The effect in general proves to be weak with little difference between one environment and another in the frequency with which widowers coresided with their children and evidence of gender balancing of the household (relatively more widows living with sons and more widowers with daughters) visible only in agricultural environments.     

Up and Down,Old and New: Values and Value Systems of MPs and Voters in France

MPs are often criticised as being homogeneous. This is well known in terms of social background or gender, but the criticism also holds for values and norms. MPs are said to share normative agreements on the essential points and demonstrate differences on second-order issues. This criticism is even more widespread regarding the new politics based on the cultural divide, notably vis-à-vis politicians from the extreme right as far as immigration, European integration or globalisation are concerned. In this contribution, these criticisms are addressed by investigating the degree of normative agreements and disagreements of French MPs. Furthermore, the differences both in old and new politics between MPs on the one hand and the electorate as a whole and their supporters on the other hand are evaluated. It is concluded that MPs are definitely not all the same and the degrees of difference among MPs or with the electorate are far from being those expected.     

论抵押与留置担保权的竞合条件及其效力

抵押权与留置权在同一标的物并存的情况下,哪一个应优先受偿的问题,是一个重要然而在法律中尚未明确的问题。本文提出并论证了抵押权与留置权在同一标的上竞合而主体不同的状态下,留置权应优先于抵押权受偿的观点。     

Crime Volume and Law and Order Culture

The literature on public opinion about crime and justice has neglected the exploration of macro‐ or community‐level influences on individual‐level attitudes. A key macrofactor that may be related to individual level attitudes is the volume of violent crime. High crime rates can facilitate the development of a culture of “law and order,” a response that may be a practical or instrumental attempt to control crime. The present paper tests the hypothesis that persons residing in nations marked by a high volume of crime will be more likely to adhere to elements of a law and order culture. It employs data from the International Social Science Program (N = 15,024). Controls are taken from major theoretical perspectives on public opinion about crime as well as demographic factors. The results from a hierarchical linear model support the hypothesis that individuals residing in nations with high crime rates are more likely than others to support law and order ideologies. The findings extend the support for this relationship from research based on the US alone to other industrialized societies.     

全球化与法理学的变革和更新

全球化进程深刻地改变着法的存在方式、价值取向和发展方向 ,也必然引起法理学的理论变革与更新。本文以法律本体论、法律价值观、法律人格观、法律发展观、法治观等五个法理学的基本论题为主题 ,分析或展望全球化所可能引起的法理学的理论变革和更新。     

Implementing and evaluating crime prevention and control programs and policies

The history of crime prevention and control efforts in the United States has demonstrated little progressive improvement in our ability to deter crime. The major obstacles to implementing effective interventions and policies have been a weak scientific knowledge base about how to prevent crime, the research community's inability to effectively disseminate what is known about the causes of crime and to translate this knowledge into operational programs and policies, and a resistance on the part of practitioners and policy makers to evaluate programs and policies and to use this information in the development of new programs and policies. In the last decade, there have been major advances in our understanding about the causes of crime and we have now demonstrated the effectiveness of selected prevention programs. But there is little evidence that this scientific knowledge is informing current practice or policy. Problems in the dissemination of this information and the resistance to utilizing it remain. These problems are discussed and suggestions are made for addressing them. Our knowledge base remains modest, but it is now sufficient to inform policy and practice. The research community must work to do a better job of disseminating this information and overcoming the resistance to utilizing it before we will be successful in implementing effective crime prevention programs and policies. This revised version was published online in July 2006 with corrections to the Cover Date.     

Habermas and Deleuze on Law and Adjudication

This article stages an encounter between Habermas and Deleuze on law, rights, and adjudication. Most of the article is spent developing Habermas’s concept of adjudication as the application of communicatively generated norms. This application, I argue, involves a complex temporality that is at once retrospective and non-creative. Deleuze is used to critique this concept of adjudication in favor of one based on concrete situations and the creation of new problems. In so doing, I will develop Deleuze’s notorious, and notoriously hostile, remarks on human rights and philosophies of communication by relating them to discourse ethics and to the positive conception of law and judgment that can be drawn from his work.

刍议询问和质询的异同及运作程序

询问和质询两者的相同点是：它们都是人大的监督形式,都要按一定的法律程序提出,都要在会议期间作出答复或说明。两者在性质、目的、对象、问题的内容和范围、答复或说明的场合、答复或说明问题的法律性质和范围、运作程序、法律效力和法律后果等方面存在不同。     

Accommodation and Satisfaction: Women and Men Lawyers and the Balance of Work and Family

This study of graduates of the University of Michigan Law School from the late 1970s reports on the differing ways that women and men have responded to the conflicting claims of work and family. It finds that women with children who have entered the profession have indeed continued to bear the principal responsibilities for the care of children, but it also finds that these women, with all their burdens, are more satisfied with their careers and with the balance of their family and professional lives than other women and than men.     

International aid,trade and investment and access and allocation

International Environmental Agreements: Politics, Law and Economics - The access to goods and their allocation (who gets what, when, where and how) is one of the analytical problems of the 2009...     

Reassessing and Redirecting Research on Race and Sentencing

Drawing on a systematic assessment of the accumulated empirical literature and interviews with 25 race and sentencing scholars, this paper argues that the standard approach adopted in research on race and sentencing in criminology is insufficient for addressing the key underlying questions that motivate this work, including whether, where, how, and why race may matter. In light of this assessment, the paper lays out some additional directions for empirical research in this area that would bolster the validity and reliability of our knowledge about how race shapes sentencing and enhance the policy relevance of this work.     

行政处罚与刑罚的竞合与衔接研究

行政处罚与刑罚竞合是实践中一个相当普遍的问题,其产生的根源在于我国对犯罪行为既定性又定量,具体而言则有立法、司法和处罚方式等多方面的原因。对于行政处罚和刑罚的竞合,理论界多有争论,同时针对当前大量存在的以罚代刑现象,笔者认为有必要对行政处罚和刑罚的程序衔接做进一步的深入分析。     

诉讼内外纠纷解决机制的分流、协调与整合

目前我国民事纠纷解决机制存在效率低下的弊病,难以充分发挥其解纷功能.其中最明显的表现就是诉讼内外纠纷解决机制之间缺乏有效的衔接.应当在合理分流纠纷的前提下,分别建立人民调解制度、仲裁制度、行政处理及涉法信访等诉讼外纠纷解决机制与诉讼纠纷解决机制的有机衔接,达到诉讼内外纠纷解决机制的功能互补与良性互动.     

Globalisation and Latin American and Caribbean Organised Crime

The longstanding institutional weaknesses of most states in Latin America and the Caribbean, in combination with the existence of a highly lucrative underground drug trade in the Western hemisphere, make the countries in that corner of the world system not only especially prone to indigenous organised crime, but also attractive targets for transnational criminal enterprises. In most of the region, the dynamics of globalisation over the last two decades have resulted in almost ideal conditions for the rapid penetration and spread of transnational organised crime. Thus, as well as considering the overall situation in Latin America and the Caribbean, this article will particularly consider the scope and impact of the post-Cold War wave of Russian transnational organised crime to illustrate this phenomenon.     

Text and terrain: mapping sexuality and law

This article is concerned with the intersections of law, texts and sexuality. Drawing on recent work in theoretical cartography, this article seeks to argue that a cartographical reading of law can be usefully brought to bear on the legal analysis of sexuality. This article considers how looking to contemporary theoretical and critical cartography can help to reveal law as a process of mapping; how sexuality is mapped both within and without the law through cultural texts, and how law’s encounters with the terrains mapped out by those texts might be enriched and diversified. This article seeks to consider how legal mappings of the terrains of sexuality might be sufficiently contextualised and located within a wider socio-political context, and how a specifically cartographical interpretation might reveal the potential for the law to accommodate the complexity of gendered and sexualised identities that do not easily conform to singular positionings. In order to navigate the texts and terrains of law and sexuality, we must first learn to become cartographers, and through this process, perhaps open up radical and alternative mappings.

Family and business among master artisans and entrepreneurs

This article considers the relationship between family and business among economically successful artisans who were on the way to attaining the status of industrial bourgeoisie. For 19th-century master artisans as well as for entrepreneurs, the family was an important means of economic success. The connection between family and business, however, manifested itself in various ways. Cross-sectional household structures show two distinct patterns, which might be interpreted as “traditional” and “modern” family forms. Yet, the study of family biographies and of intergenerational succession casts doubt upon dichotomous perspectives and points toward complex relations between family strategies, kinship networks, and the guilds.     

仲裁的起源、发展及展望

仲裁作为一种与诉讼并行的民商事纠纷解决机制具有悠久的历史,其正式发端于古希腊和古罗马时代,发展于欧洲的中世纪,近代以来已发展成为解决国际商事纠纷的重要方式之一。本文即对仲裁在世界范围内包括中国的起源和发展进行较为详尽的叙述,而后对世界仲裁以及我国仲裁的发展前景进行了展望。