经济法学的基本假设

法学研究之深入 ,端赖于范式转换 ,经济法学研究更是如此。以往之法学研究 ,较为偏重权利 -义务结构分析 ,这固然重要 ,但已显不足。本文基于对“复杂性问题”进行多维审视的需要 ,运用法与经济学的理论对经济法研究的几个基本假设进行了探讨。     

Jurors' knowledge of battered women

An increasing number of psychologists with expertise in the area of battered women are participating in the legal system as expert witnesses and occasionally testify on behalf of a battered woman who has injured or killed her partner. Testimony about the battered woman syndrome has been offered to help the jury understand why the defendant reasonably perceived that she was in danger of harm. One of the requirements of expert testimony is that it be beyond the common understanding of the jury. Many commentators assume that jurors are uninformed or misinformed about battered women and, thus, that expert testimony is necessary to educate them. This study evaluated what jurors know about violent relationships. Approximately 300 jurors read scenarios about spousal violence and answered a questionnaire dealing with circumstances surrounding such abuse. Results suggest that on certain dimensions of spousal violence, jurors are aware of empirical research findings. On other dimensions, jurors are less well-informed and could potentially benefit from the testimony of an expert.     

Children's Conceptual Knowledge of Lying and Its Relation to Their Actual Behaviors: Implications for Court Competence Examinations

Child witnesses must undergo a competence examination in which they must show appropriate conceptual understanding of lying and truth-telling, and promise to tell the truth. Three experiments (Ns = 123, 103, 177) were conducted to address the assumptions underlying the court competence examination that (1) children who understand lying and its moral implications are less likely to lie and (2) discussing the conceptual issues concerning lying and having children promising to tell the truth promotes truth-telling. Both measures of lying and understanding of truth- and lie-telling were obtained from children between 3 and 7 years of age. Most children demonstrated appropriate conceptual knowledge of lying and truth-telling and the obligation to tell the truth, but many of the same children lied to conceal their own transgression. Promising to tell the truth significantly reduced lying. Implications for legal systems are discussed.     

论票据瑕疵的表现形态及法律后果

票据瑕疵是票据法中一个重要问题 ,票据瑕疵既包括违法行为 ,也包括合法行为。票据伪造和变造是票据瑕疵的主要的两种表现形态 ,都属于违法行为 ,对于伪造和变造的法律后果 ,不能按照民商法的原则去处理 ,因此 ,研究票据瑕疵问题是十分必要的。     

科尔曼的理性选择理论

科尔曼的社会学理性选择理论以宏观社会系统作为研究目标,以微观的个体作为研究起点,以方法论的个体论为特征,以合理性说明有目的的行为,强调个体的理性行为,将个人选择的微观互动与宏观市场模式的社会结构相结合．提出了社会理论研究与发展的新方向。从而弥补了过去社会学理论研究中微观面向与宏观面向相脱离的不足。     

试论“民事、行政伪证罪“之增设

司法实践中大量的民事行政诉讼存在伪证行为 ,违反《民事诉讼法》有关证据原则和当事人、证人诉讼权利义务的规定 ,具有社会危害性。《民事诉讼法》规定的对妨害民事诉讼行为的强制措施不足以惩罚民事行政诉讼中的伪证行为。增设“民事行政伪证罪”是法制建设、健全和配套的需要。