从日本法律文化看比较法的功能

本文从分析日本法律文化入手,将其与西方和中国的法律文化分别进行了异中有同、同中有异的比较,展示出比较法的力量所在。比较法这些已经发挥出来的功能和作用,在实践层面上不仅影响着日本的法律文化,同时也体现出对中国法律现实的影响;在理论层面则通过其目的展现了一种较宽的视野。     

Taking Capital Punishment Seriously

Although Asia is the most important region of the world when it comes to capital punishment, it is also one of the most understudied. This article identifies four research questions that deserve attention from students and scholars who believe taking capital punishment seriously requires studying Asia seriously too. What are the empirical contours of capital punishment in contemporary Asia? What are the histories of capital punishment in Asia? Can Western theories of capital punishment explain patterns and changes in Asia? And what is the future of capital punishment in Asia? If researchers take the trouble to explore these questions, the death penalty will not only become an interesting window into law and society in Asia, but Asia will prove to be an instructive window into the death penalty—the gravest real-life problem in the law.     

Can We Make Accurate Long-term Predictions About Patterns of De-escalation in Offending Behavior?

This study consists of a comparative analysis of patterns of de-escalation between ages 17–18 and 32, based on data from two well-known prospective longitudinal studies, the Cambridge Study in Delinquent Development (a study of 411 working-class males in London) and the Montreal Two Samples Longitudinal Study (a sample of 470 adjudicated French-Canadian males). Analyses focus on within-individual change, with individuals serving as their own controls. In this regard, the magnitude of measured change is relative to the past degree of involvement in offending. These results are contrasted with predictors of between-individual differences in offending behavior at age 32. We investigate the respective roles of cognitive predispositions and social bonds in the prediction of patterns of de-escalation, and assess whether it is possible to make relatively long-term predictions (over a 15-year period) about offending in adulthood. Findings suggest that traditional measures of social bonds and cognitive predispositions measured at age 17–18 are generally weak predictors of de-escalation up to age 32. However, these measures are stronger predictors of between-individual differences in offending gravity. These findings highlight the difficulties in making accurate long-term predictions about changes in individual offending patterns early in the criminal career.

Europeanising Gender Mainstreaming: Constraints and Opportunities in the Multilevel Euro-polity

What are the conditions for empowering `gender mainstreaming' as a new policy frame beyond the supranational level in member states and regions of the European Union? This paper is premised on the following assumptions: that mainstreaming will reduce gender disparities in Europe only if it takes root at all levels of decision-making, but that some national gender regimes can be expected to resist mainstreaming more than others, especially because it does not command `hard' legal tools. The puzzle to be examined is how mainstreaming can become effective across the European multilevel polity. It is argued that vis-à-visthe resistance of domestic gender regimes, the Europeanisation of equal treatment norms in national, regional and local contexts over the past decades has generated a variety of mechanisms for the cross-border diffusion of new policy ideas that can help to promote mainstreaming. Drawing on comparative Europeanisation research, this argument is developed in three steps. First, the past performance of member states in the implementation of E.U. gender directives is explored, to identify patterns and dynamics and classify leaders and laggards. Second, current mainstreaming experiences in one of the most conspicuous laggard states – Germany – are examined closely. Finally, as a means of explaining the rather intense engagement of German federal and regional governments with mainstreaming, two factors are highlighted: elite learning, and new governance instruments developed by the E.U. Notwithstanding the steps taken to promote mainstreaming, the prospects for further institutionalization within the E.U. appear contingent on the outcome of the Convention on the Future of the Union and the Intergovernmental Conference planned for 2004, since the invigorating of the subsidiarity principle and the division of competences across the multilevel polity are key issues of debate. This revised version was published online in July 2006 with corrections to the Cover Date.     

中美探视权法律制度比较

中美由于社会政治制度、民族传统和习俗的差异,两国的探视权制度在主体、强制执行、实现方式、中止等方面均存在异同。反映了各自不同的立法目的和价值取向。我国的探望权应当从“扩大探望权主体范围;规定探望权受阻可成为变更抚养关系的法定诉讼理由;确立精神损害赔偿制度;探望权纠纷案例为非讼事件,适用特别程序,不得上诉;适用拒不执行生效判决文书罪”等方面加以完善。     

A Comparative Perspective of Community Policing in Taiwan and Washington State

This study explores the attitudes and behaviors of Taiwanese police officers regarding community oriented policing (COP) by comparing their attitudes and behaviors with those of officers in Washington State. Data used in the study were collected from 375 Taiwanese line officers assigned to the city of Tainan and 167 American line officers from various police and sheriffs’ departments in Washington State. The study finds that (1) Taiwanese and American officers hold similar opinions of COP’s potential to reduce crime; (2) both groups are similarly involved in implementing the various strategies of COP; yet (3) American officers are more involved in formulating (planning/devising) COP strategies; and (4) are more receptive to citizen involvement in COP; while (5) Taiwanese officers are more receptive to civilian oversight, and (6) are more amenable to applying COP outcomes for evaluative purposes than are their American counterparts. Policy implications and areas for future research are discussed.

宁夏山区农村产业结构调整问题研究

加入WTO是适应经济全球化,促进我国经济振兴的重要战略选择。宁夏是一个农业省区,又有许多特色农产品,应抓住这一机遇,采取对策,迅速发展宁夏农业经济。     

Analysis of Factors of Overpricing in Public Procurement: A Study for Low-performing EU Countries

ABSTRACT

The paper deals with the issue of overpricing of public procurement in low-performing EU countries. It examines a uniquely large sample of public procurement in 11 Central and Eastern European countries. Hierarchical regression is used to analyze the factors that influence public contract. Our results indicate that institutional factors have a greater impact on overpricing than individual decisions by the contracting authority. Our analysis for low-performing EU countries provides interesting results and also draws attention to behavior that is not typical of the better established and more advanced EU countries. Our results are particularly important for public policy in each country, as they show the direction of regulatory action in the field of public procurement. The results introduce a debate on the appropriateness of “one size fits all” regulations within the EU.     

《大唐西域记》的文学归属

除史地、宗教、民俗、中外交通等领域外,《大唐西域记》在文学领域的价值也很珍贵。研究《大唐西域记》的文学价值,首先应确定其文学归属。目前,对《大唐西域记》的基本认识主要有游记、行记、传记、报告文学、新闻文学、回忆录等。以上归类认识,各有其归类理由和一定程度的合理性,但均有缺憾:或者因视角单一而无法兼顾《大唐西域记》的其他特质,或者归类间互有重叠而身份难辨,或者会因传统认知对《大唐西域记》的文学价值造成遮蔽。打开视野和思路,跳出文体认识的局限,从《大唐西域记》深湛的宗教性内涵和多样的文学表现这两方面的有机结合出发,将其归入宗教文学(佛教文学)这一大的范畴,是一个较为合适的选择。这样处理,在突显《大唐西域记》自身价值的同时,可为数量众多的同类作品找到一个共同的归属,也为中国文学、东方文学和比较文学拓展出新的研究空间,为促进中外文学和文化交流提供一个典型的范例。同时,《大唐西域记》人文意蕴较为丰富,如伦理观念、生态意识、警示意义、求真精神、理想主义、开放心胸等,将它归入宗教文学,并非是要回归传统的宗教性解读,而应着重发掘、整理和研究其宗教性内涵中有益于当下、有益人的资源,实现其现代意义和价值。     

证据开示制度比较研究──兼评我国民事审判实践中的证据开示

证据开示制度１９世纪始于英国,此后,受到各国重视。各国的证据开示制度都有各自的发展和完善历程。在具体的证据开示范围、方法及限制、制裁等方面也有所不同。我国在审判方式改革中,部分地区试行了庭前证据交换,但也存在不少问题,且有关诉讼体制、法制环境、诉讼观念等运行环境问题,尤其值得深思和研究。