The Anarchy of Responsibility: Alterity as a Vehicle for Self-Representation (An Ethical Obligation Demanded or Owed)

This paper explores who, in the Levinasian sense, is the ethical subject. Central to Levinas’s philosophy, is the priority he accords to the ethical encounter with the other that precedes all thought for, or of, oneself. It is in the face of the other (‘alterity’) that one discerns the source of all ethics; an ethics that obliterates all competing claims based on self interest because it eschews all demands for reciprocity. The face of the other commands us to respond unconditionally and in so doing provides the opportunity for a moral existence. Is to speak as the other an inversion of Levinas’s philosophy? Is not the authentic voice of alterity one that is obsessed with the needs of the other and not of the self, the obligations that the self owes to the other and not those owed in return. I argue that to become the voice of the other is to act unethically in a Levinasian sense and thus betray her otherness, whilst recognising that she is my other and it is my response to her that matters.     

Victim interdependence in the accident setting

This paper considers the case in which potential victims affect each other by taking care. Analyzing standard liability rules, we show that the rule of strict liability with a defense of contributory negligence is in the best position to induce the efficient outcome, i.e., this liability rule ensures efficiency if victims affect each other negatively, that is care by one victim increases the accident exposure of other victims. This rule also makes attainment likely if victims affect each other positively, that is if care by one victim decreases the accident exposure of other victims. In contrast, other standard liability rules fail to induce first-best care.     

惩治外逃贪官的国际刑事司法协助解决机制探析

由于我国与外国在国际刑事司法协助方面存在诸多的问题和障碍,外逃贪官越来越多。今年5月6日,中行开平案两主犯许超凡和许国俊在美国被判刑,开创了中外合作共同打击外逃贪官的新模式。以“二许”案为切入点,探讨我国打击外逃贪官的国际刑事司法协助解决机制存在的问题及对策。     

The Commonwealth model and conundrum in the enforcement of foreign judgement regime in Nigeria

Nigeria, as a member of the Commonwealth, retains identical statutes to the UK and other Commonwealth countries on registration of foreign judgement. Nigeria also inherited the common law rules on the enforcement of judgement, like all other parts or former parts of the British Dominions. However, the Nigerian courts have construed these statutes very differently when compared with the way in which the statutes of other Commonwealth countries have been construed, and have sometimes approached the matter of enforcement of foreign judgement as if there are no extant common law rules on the matter. As a result, the need has clearly arisen for the attention of the Nigerian courts to be directed at the similarities between the Nigerian and other Commonwealth statutes on the matter, as well as the judicial practice of the other Commonwealth countries. This article presents a brief historical perspective and then demonstrates the identical features of the statutes, pointing out the perceived errors of the Nigerian appellate and apex courts.     

Performance appraisal: one company's experience

In many corporations the installation of a performance appraisal program is a necessary step to opening the door to other key human resource development activities. Implementing a performance appraisal program that works and convincing managers to use the program are essential if other human resource development programs are to succeed. This article describes the characteristics of the performance appraisal process used at Glendale Federal Savings and Loan Association, Glendale, California, and how data generated by the program was used to facilitate other employee development programs.     

几种交通事故痕迹鉴定类型的鉴定要点

道路交通事故痕迹鉴定主要可以分为是否与其它车辆发生过碰撞鉴定和碰撞形态鉴定两种类型。道路交通事故痕迹鉴定可以从车与车、车与人、车与客体物的相互关系来进行判断。通过对2000例道路交通事故痕迹鉴定的案例进行回顾性的研究,应用痕迹检验方法对车辆及其它客体物的痕迹进行检验比对分析,总结出道路交通事故痕迹鉴定的具体鉴定要点。     

论环境时代宪法对其他生命物种权利的尊重

从物种多样性保护这一生态学上新的理论和方法出发,通过分析“生命平等”这一体现生态主义的法理基础和承认其他生命物种种群价值的法律价值取向,有必要在各国宪法中增设“应当尊重其他生命物种的生存权利”的原则规定,以弥补传统宪法在保护其他生命物种问题上没有将其与人类共同视为生命共同体的缺憾,以反映环境时代宪法权利生态化的特征。     

论律师伪证罪与他罪竞合情形下的处理

律师伪证罪与众多证据犯罪具有相似之处,在一些特定情况下,客观行为的相似性会导致在司法实践中出现交叉与竞合的问题,在定罪以及量刑上可能会出现模棱两可的情况。律师伪证罪主观意图是通过毁灭、伪造证据等行为,达到有利于犯罪嫌疑人、被告人的结果,其可能触犯他罪,属于法条竞合关系。由于律师伪证罪与其他的证据犯罪的轻罪、重罪关系并不明显,一般都按照律师伪证罪处理。律师伪证罪本身存在多种问题。需要不断加以完善。     

The criminal career of men convicted of rape: evidence from a Norwegian national cohort

The extent to which sexual offenders are a group separate from other types of offenders has been debated for many years and investigated from different perspectives. The present study investigated similarities and differences regarding socio-economic background, criminal history and recidivism involving new crimes between rape offenders and three other groups: other sexual offenders, non-sexual violent offenders and other offenders. Data came from Norwegian population registers containing information on all crimes investigated from 1992 to 2012. The sample consisted of all persons convicted in 2002 and 2003 (N = 36,951). Background characteristics and estimated recidivism risk was described using hazard models. Results indicated that men convicted of rape (n = 142) had lower levels of education and that a higher percentage of them were on social benefits compared to the other crime groups. A large majority (79%) of rape-convicted men had previous convictions. Rape offenders were considerably more criminally active and diverse than the other crime groups. Prior criminal record, irrespective of type, increased the risk of recidivism in general. Controlling for other background characteristics did not alter this outcome. Treatment of convicted rapists needs to take into consideration that this offender group has much in common with violent offenders in general.     

犯罪构成与阻却责任事由关系论

阻却责任事由理论与犯罪构成理论在犯罪论体系结构中是平行与并列的关系，二者并不互相包容。明确此点，有助于阐明阻却责任事由理论与犯罪构成理论的关系。     

Is medical care different? Old questions, new answers

This paper examines whether changes in medical markets may be making them more like other markets. The emergence of HMOs and other managed care systems appears to have increased the consumer's potential ability to make better comparative judgments about the price and quality of medical care, and also seems to have made medical care more like other goods. However, the evidence that medical care is a "reputation good" suggests that it is, in this respect, different from other goods. Finally, the social concerns about medical care use necessarily make medical care different.     

有限责任公司股权转让初探--兼论《公司法》第35条之修正

赋予有限责任公司股东优先购买权、指定同等条件之受让人的权利,已足以维护股权转让中其他股东的利益,在此之外股东应享有充分的股权转让权.股权转让中,应明确区分股权转让合同效力与股权变动效力,并将二者予以区分控制.在控制股权变动效力的发生即足于实现正当目的时,没有必要否定股权转让合同的效力.     

Medicaid program; Medicaid Management Information System (MMIS) performance review; notification procedures for changes in requirements, performance standards, and reapproval conditions--HCFA. Final rule

This rule eliminates the requirement in the Medicaid regulations that HCFA meet certain Federal Register notification requirements for any changes in performance standards and other conditions for reapproval of State Medicaid Management Information Systems (MMISs), even if such Federal Register notice would not otherwise be required. An independent Federal Register publication requirement will remain in place with respect to changes in system requirements and other conditions for approval of MMISs. We believe that a revised process for notifying States and other concerned parties of changes in performance standards and other conditions of reapproval is appropriate and will facilitate the efficient issuance of revised MMIS review requirements and methodologies each year.     

论权力的本质及其发展规律

本文认为 ,人类在生存和发展这个根本利益基础上 ,必然形成人与人之间的既相互依存和合作 ,又相互对立和斗争的矛盾。权力是人类社会生存和发展需要的产物 ,本质上是社会公共意志的集中体现。     

论其他承担行政任务的组织

在现代西方国家,在传统的行政机关之外存在其他承担行政任务的组织,如公法人或公共机构甚至私法组织。在中国,有一些非行政机关或行政机构的事业单位和社会团体,由法律、法规授权或由行政机关委托,也承担一定的管理职能。对行政机关以外的其他承担行政任务的组织进行比较和分析,具有重要意义。     

America’s most wanted criminals: comparing cybercriminals and traditional criminals

Reports of cybercrime have escalated over the past decade. While these crimes have increased, our understanding about the dynamics surrounding cyber offenders has not kept pace. Few studies have considered the characteristics of serious cyber criminals in comparison to other types of criminals. To fill this void in the literature, we examine a sample of cybercriminals appearing on the FBIs Most Wanted List and compare the characteristics of these offenders to other most wanted offenders. Results suggest that the most wanted cyber offenders are similar to other offenders in that it is a male-dominated offense category, but they are different from other offenders in that they are younger and more likely to exhibit certain types of physical and lifestyle characteristics. Implications for policy and future research are provided.     

特定产品过渡性保障机制的效应及我国的对策

特定产品过渡性保障机制使《保障措施协议》的非歧视原则成了单向约束我国的规则。它的另一些规定也以不对等方式增大了其他成员国对我国适用保障措施的机会。它是一种战略性遏制武器 ,使其他成员国有能力顷刻间化解我优势产业的大规模攻势。加快经济改革 ,加强谈判地位 ,应成为我国的中长期对策。用活配额 ,择用“例外” ,可作为主要的短期对策。     

组织他人偷越国（边）境罪相关疑难问题研究

组织他人偷越国(边)境的行为与相关犯罪行为相互交织时,应区分各种情形,作定性处理。     

Fatty liver, encephalopathy, and sudden unexpected death in early childhood due to medium-chain acyl-coenzyme A dehydrogenase deficiency.

A case of sudden death associated with fatty liver and encephalopathy is described in a 4-year old white boy with medium-chain acyl-coenzyme A dehydrogenase (MCAD) deficiency. The death was caused by hypoglycemia triggered by fasting and vomiting associated with a minor viral infection. The differential diagnosis of the hepatoencephalopathy is discussed in relation to other conditions, especially Reye's syndrome. The forensic pathologist should be familiar with MCAD and other deficiencies of beta-oxidation of fatty acids as a cause of sudden unexpected death in children in order to advise parents in genetic counseling to prevent disability or death of other affected, but still asymptomatic siblings.     

人权保障视野下的行刑权的规制问题

作为公权性质的行刑权与罪犯的人权具有冲突的一面,行刑权与罪犯人权并非绝对对立的关系。保障受刑人的人权仅仅靠人道主义思想是远远不够的,而是应当通过规制行刑权来保障人权。因此,一方面应当整合行刑权的行使主体;另一方面应当将行刑权进行司法审查。