新民主主义民主政治的可贵探索——以哈尔滨解放区1946年参议员选举制度为例

哈尔滨解放区1946年参议员选举是中国共产党尝试在大城市中建立和巩固新民主主义政权的关键性步骤,奠定了哈尔滨市临时参议会召开的基础.这次选举首次以城市建设为中心展开,以城市市民为主体行使宪政权利,开创性地提出了"推选哈尔滨市民各阶层的代表,树立纯正的崭新的民主政治"的选举方针以及确立了"职业团体推选"与"聘请先达"相结合的选举方式,是一次既有民主形式又有民主内容的新民主主义①民主政治②的可贵尝试.     

新民主主义宪政立法的有益尝试——1946年《哈尔滨市施政纲领》考察

1946年《哈尔滨市施政纲领》是中国共产党在新民主主义革命阶段为建立国家政权积累经验,在中心大城市实行民主政治、建设管理政权的初次尝试,是对毛泽东提出的新民主主义理论的最早实践。该纲领中提出的“建立民主的、法治的社会秩序”及“建设和平、民主、独立、繁荣的新哈尔滨”的构想,对其后相继建立的各解放区的宪政立法及《中国人民政治协商会议共同纲领》产生了直接影响,是新中国宪政立法的重要渊源。     

哈尔滨解放区对外侨案件的审理

哈尔滨是中国共产党建立稳定政权的第一个国际化大城市,外侨人口众多,犯罪率高,法律纠纷量大。从1946年—1949年,哈尔滨解放区法院受理外侨刑民事案件分别为447件和813件,占其所受理的刑民事案件总数的8.3%和14.7%。法院在涉侨审判中以民国法律、解放区的革命政策法令、苏联法以及外侨的善良风俗作为审判依据,有效地解决了纠纷,维护了社会秩序。     

中国革命法制“从农村到城市”的司法转折——以哈尔滨解放区司法实践为中心的考察

中国革命法制建设经历了从农村根据地到城市解放区,进而发展到新中国的历程,其中的司法建设也随之经历了从农村到城市并推进到全中国的重大转折.哈尔滨解放区将根据地时期的“便民”司法传统与城市司法实践相结合,注意满足城市不同阶层的利益诉求,在法律术语、法庭形式、司法程序等方面进行了探索,形成了哈尔滨解放区规范化、国际化的城市司法特色,实现了中国革命法制中司法建设“从农村到城市”的重要转折,为新中国的司法建设奠定了基础.     

哈尔滨解放区法制史研究文献综述

哈尔滨是全国最早解放的大城市,对哈尔滨解放区法制史的研究,意义十分重大。目前,对哈尔滨解放区法制史的研究成果颇丰。文章对哈尔滨解放区法制史的研究成果进行综述,总结其研究的成就与经验,分析研究的缺失,并试图前瞻哈尔滨解放区法制史研究的发展趋势和方向。     

法制建设中的法律意识与民主政治

发展民主政治是中国共产党明确提出的我国今后的奋斗目标。民主政治必然要求实行依法治国,依法治国又必然要求加强法制建设,法制建设又必然离不开法律意识。民主政治中存在着法律意识问题,研究民主政治中的法律意识问题,对于依法治国与民主政治都具有现实意义。     

邓小平民主法制思想探索

邓小平的民主法制思想是邓小平理论的重要组成部分。它内涵丰富,博大精深,科学地回答了我国社会主义法制建设和法学研究领域中诸如社会主义国家的法的本质、民主与法制的关系、＂依法治国＂、法的功能与价值、市场经济法制建设等重大理论问题。邓小平关于社会主义民主与法制建设的论述,是邓小平法律思想的核心内容。在纪念中国共产党九十周年之际,重温邓小平民主法制思想,对我们今天的法治的建设和法学研究具有重要的指导意义。     

法制建设中的法律意识与民主政治

发展民主政治是中国共产党明确提出的我国今后的奋斗目标。民主政治必然要求实行依法治国,依法治国又必然要求加强法制建设,法制建设又必然离不开法律意识。民主政治中存在着法律意识问题,研究民主政治中的法律意识问题,对于依法治国与民主政治都具有现实意义。     

苏联法影响中国法制发展进程之回顾

在 2 0世纪中国历史上 ,苏联的革命法制理论和若干重要制度曾深刻地影响了中国的法制发展进程。孙中山曾主张“以俄为师”并进行过法制改革 ;中国共产党所领导下的人民民主政权的法制建设也是以苏联为标尺 ;新中国成立初期在创立社会主义法制的过程中 ,更是将苏联法全方位地移植到了中国。苏联法制为中国革命政党所接受与其自身的性质和中国革命的需要紧密相关。     

陕甘宁边区选举立法及其现实意义

陕甘宁边区在其存在的13年中,在中国共产党的领导下积极地开展起法制建设。从具有根本法性质的宪法性法律文件的制定与颁布到刑法、民法和司法等法律部门的逐步完善,初步形成了抗日民主政权的新民主主义的法律体系,其中在选举方面建立起的完善的法律法规为选举的成功实践提供了可靠的法律保障,这对于我们今天正在进行的农村村民自治有着积极的现实意义。     

Bhartṛhari and Maṇḍana on Avidyā

The concept of avidyā is one of the central categories in the Advaita of Śaṇkara and Maṇḍana. Shifting the focus from māyā, interpreted either as illusion or as the divine power, this concept brings ignorance to the forefront in describing duality and bondage. Although all Advaitins accept avidyā as a category, its scope and nature is interpreted in multiple ways. Key elements in Maṇḍana’s philosophy include the plurality of avidyā, individual selves as its substrate and the Brahman as its field (viṣaya), and the distinction in avidyā between non-apprehension and misapprehension. A closer investigation shows that Maṇḍana is directly influenced by Bhartṛhari’s linguistic non-dualism in developing the concept of avidyā. This study also compares other key constituents such as vivartta and pariṇāma that are relevant to the analysis of avidyā. As the concept of counter-image (pratibimba) emerges as a distinct stream of Advaita subsequent to Maṇḍana, this study also compares the application of pratibimba in the writings of Bhartṛhari and Maṇḍana.     

Unraveling the <Emphasis Type="Italic">Kāvyaprakāśa</Emphasis>: Jayadeva Pīyūṣavarṣa’s idiosyncratic sequence of topics in the <Emphasis Type="Italic">Candrāloka</Emphasis>

In his twelfth century alaṃkāraśāstra, the Candrāloka, Jayadeva Pīyūṣavarṣa reverses the sequence of topics found in Mammaṭa’s Kāvyapr-akāśa, an earlier and immensely popular work. With such a structural revisionism, Jayadeva asserts the autonomy of his own work and puts forth an ambitious critique of earlier approaches to literary analysis. Jayadeva investigates the technical and aesthetic components of poetry in the first part of the Candrāloka, prior to his formal semantic investigations in the latter half of the text, thus suggesting that aesthetic evaluations of poetry beneficially inform scientific investigations of language. Jayadeva’s organization of his chapters on the semantic operations, moreover, intimates that the study of suggestive and metaphoric functions of language clarifies our understanding of denotation, which is conventionally understood to be the primary and direct path of verbal designation.     

Immigration,intermarriage and the changing face of Europe in the post war period

In this article we compare the propensity to intermarry of various migrant groups and their children who settled in Germany, France, England, Belgium and the Netherlands in the post-war period, using a wide range of available statistical data. We try to explain different intermarriage patterns within the framework of Alba and Nee's assimilation theory and pay special attention to the role of religion, colour and colonial background. We therefore compare colonial with non colonial migrants and within these categories between groups with ‘European’ (Christian) and non-European (Islam, Hinduism) religions. First of all, religion appears to be an important variable. Migrants whose faith has no tradition in Western Europe intermarry at a much lower rate than those whose religious backgrounds correspond with those that are common in the country of settlement. The rate of ethnic endogamous marriages in Western Europe are highest in Hindu and Muslim communities, often regardless if they came as guest workers or colonial migrants. Whereas differences in religion diminish the propensity to intermarry, colour or ‘racial’ differences on the other hand seem to be less important. This is largely explained by the pre-migration socialisation. Furthermore, the paper argues that the attention to institutions, as rightly advocated by Richard Alba and Victor Nee, needs a more refined and layered elaboration. Institutions, often as barriers to intermarriage, do not only emanate from the receiving society, but also—be it less formalized—within migrant communities. Especially religions and family systems, but also organized nationalist feelings, can have a profound influence on how migrants think about endogamy. Finally, strong pressures to assimilate, often through institutionalized forms of discrimination and stigmatization, not only produce isolation and frustrate assimilation (with resulting low intermarriage rates), but can also stimulate assimilation by 'passing' mechanisms. These factors, together with a more comparative perspective, are not completely ignored in the new assimilation theory, but—as this study of Western European intermarriage patterns stresses—deserve to be included more systematically in historical and social scientist analyses.     

The Supreme Array Scripture: A New Interpretation of the Title “Gaṇḍavyūha-sūtra”

This article argues for a new interpretation of the Sanskrit compound gaṇḍa-vyūha as it is used in the common title of the Mahāyāna text the Gaṇḍavyūha-Sūtra.The author begins by providing a brief history of the sūtra’s appellations in Chinese and Tibetan sources. Next, the meanings of gaṇḍa (the problematic member of the compound) are explored. The author proposes that contemporary scholars have overlooked a meaning of gaṇḍa occurring in some compounds, wherein gaṇḍa can mean simply “great,” “big” or “massive.” This general sense is particularly common in the compound gaṇda-śaila (a “massive rock” or “boulder”) and is found in such texts as the Bhāgavata Purāṇa, the Harivaṃśa and the Harṣacarita. Following the discussion of Gaṇḍa, the author examines the term vyūha (“array”) as it is used in the Gaṇḍavyūha-sūtra. The article concludes with the suggestion that a more appropriate translation of the Gaṇḍavyūha-sūtra would be “The Supreme array Scripture.”     

Evaluation of six presumptive tests for blood, their specificity, sensitivity, and effect on high molecular-weight DNA

Luminol, leuchomalachite green, phenolphthalein, Hemastix, Hemident, and Bluestar are all used as presumptive tests for blood. In this study, the tests were subjected to dilute blood (from 1:10,000 to 1:10,000,000), many common household substance, and chemicals. Samples were tested for DNA to determine whether the presumptive tests damaged or destroyed DNA. The DNA loci tested were D2S1338 and D19S433. Leuchomalachite green had a sensitivity of 1:10,000, while the remaining tests were able to detect blood to a dilution of 1:100,000. Substances tested include saliva, semen, potato, tomato, tomato sauce, tomato sauce with meat, red onion, red kidney bean, horseradish, 0.1 M ascorbic acid, 5% bleach, 10% cupric sulfate, 10% ferric sulfate, and 10% nickel chloride. Of all the substances tested, not one of the household items reacted with every test; however, the chemicals did. DNA was recovered and amplified from luminol, phenolphthalein, Hemastix, and Bluestar, but not from leuchomalachite green or Hemident.     

Illumination,Imagination, Creativity: Rājaśekhara,Kuntaka, and Jagannātha on <Emphasis Type="Italic">Pratibhā</Emphasis>

Sanskrit poeticians make the visionary faculty of pratibhā a necessary part of the professional poet’s make-up. The term has a pre-history in Bhartṛhari’s linguistic metaphysics, where it is used to explain the unitary perception of meaning. This essay examines the relation between pratibhā and possible theories of the imagination, with a focus on three unusual theoreticians—Rājaśekhara, Kuntaka, and Jagannātha Paṇḍita. Rājaśekhara offers an analysis of pratibhā that is heavily interactive, requiring the discerning presence of the bhāvaka listener or critic; he also positions pratibhā in relation to Bildung (vyutpatti) and practice. For Kuntaka, pratibhā, never an ex nihilo creation by a poet, serves as the basis for the peculiar forms of intensified insight and experience that constitute poetry; these may also involve the creative scrambling and re-articulation of the object in terms of its systemic composition. At times, Kuntaka’s pratibhā comes close to a strong notion of imaginative process. But the full-fledged thematization of the imagination, and of pratibhā as its support and mechanism, is best seen in the seventeenth-century debates preserved for us by Jagannātha. A link is suggested between the discourse of poetic imagination in Jagannātha and similar themes that turn up in Indo-Persian poets such as Bedil.     

Preventing Homelessness for System‐Involved Youth

Too many youth and young adults find themselves on the streets, couch‐surfing with friends, in emergency shelters or worse, after exiting the child welfare and juvenile justice systems. In some circumstances, youth have had court hearings until their exit from the legal system, but those hearings have not focused on long‐range plans of youth and emergencies youth may encounter. In other circumstances, there has been little or no planning prior to discharge, especially for young people who leave the juvenile justice system. Courts can and should prevent, alleviate or end youth homelessness for youth who appear before them through strategies that are enumerated in the recently‐passed NCJFCJ resolution. This article expounds on three of these strategies – coordinating transition and re‐entry plans, insisting on effective legal representation of youth, and utilizing sound judicial leadership. It also describes the concurrent efforts of the Coalition for Juvenile Justice and the American Bar Association's Homeless Youth Legal Network to remove legal barriers and improve outcomes for youth and young adults experiencing homelessness.     

Best practices for structuring a family court parenting plan evaluation under the 2022 AFCC Guidelines

Evaluation appointment orders provide enforceable scaffolding for conduct of family court parenting plan evaluations, and use of the evaluator's reports, feedback, file, and testimony. Unlike a contract, a stipulated or adjudicated appointment order is directly enforceable by the family court. It unambiguously positions the evaluator as the family court's appointee – answerable directly to the court and, in some jurisdictions, protected by quasi-judicial immunity from damages claims. A well-crafted appointment order governs the roles and expectations of the court, the evaluator, the parties, the lawyers, and the collateral witnesses. An appointment order mandates the legal duties, rights, powers, and responsibilities of the professionals, the parties, and the collateral witnesses. At minimum, an appointment order articulates the legal basis for the appointment, the purpose and scope of the evaluation, compensation of evaluator, and the duty of the parties to participate in the process. A written evaluation protocol or procedures statement discloses in advance the methods of investigation and assessment that the evaluator intends to use. Together, the appointment order and written protocol help the evaluator, lawyers, parents, and judge manage the complexity of the evaluation process.     

Monks Who Have Sex: Pārājika Penance in Indian Buddhist Monasticisms

In the study of Buddhism it is commonly accepted that a monk or nun who commits a pārājika offence is permanently and irrevocably expelled from the Buddhist monastic order. This view is based primarily on readings of the Pāli Vinaya. With the exception of the Pāli Vinaya, however, all other extant Buddhist monastic law codes (Dharmaguptaka, Mahāsāṅghika, Mahīśāsaka, Sarvāstivāda and Mūlasarvāstivāda) contain detailed provisions for monks and nuns who commit pārājikas but nevertheless wish to remain within the saṅgha. These monastics are not expelled. Rather, they are granted a special status known as the śikṣādattaka. In this paper I explore the rules. concerning pārājika penance and the śikṣādattaka with specific regard to monastic celibacy. Given that five out of six extant law codes recognise this remarkable accommodation to the rule of celibacy, I argue that we must look to Vinayas other than the Pāli Vinaya if we are to arrive at a nuanced and representative view of Indian Buddhist monasticism.

Grant me chastity and continence, but not yet. Augustine of Hippo (354–430 C.E.)

     

What similes in Sāṃkhya do: a comparison of the similes in the Sāṃkhya texts in the Mahābhārata, the Sāṃkhyakārikā and the Sāṃkhyasūtra

In Sāṃkhya similes are an important means to communicate basic philosophical teachings. In the texts similes are frequently used, especially in the Sāṃkhya passages in the Mahābhārata, in the Sāṃkhyakārikā and in the Sāṃkhyasūtra. This paper compares the similes in these three texts and analyses changes in the philosophy as revealed in the similes. A comparison of the similes of Sāṃkhya texts produced over more than one thousand years reveals changes in the emphasis in this philosophical system. The purpose of the similes in the Sāṃkhya passages of the Mahābhārata is to produce an intuitive understanding of the separateness of puruṣa and prakṛti. The similes are designed to lead the listener to understand this basic dualism. In the Sāṃkhyakārikā the most difficult issues are the relationship between prakṛti and puruṣa and the idea of prakṛti working for the salvation of puruṣa. One whole chapter of the Sāṃkhyasūtra is devoted to similes.