宪政:依法治国的核心

依法治国并不必然实现法治国家 ,必须对其予以限定。宪法的限制是第一层次的限定 ,宪政是第二层次的限定。宪政是依法治国的核心 ,实行宪政是实现法治国家的保证。实行宪政必须对权力进行三个层次的制约 ,即规范制约、权力制约和权利制约 ,进而要求有高度权威的宪法 ,实行政府权力分立和大力发展市场经济     

Health care of the disadvantaged: the elderly

This paper explores threats to the maintenance and expansion of public commitment to financing health care for the elderly. Threats come from rising costs that increase financial burdens, especially on low-income elderly; efforts to contain costs that may undermine benefits; and financing initiatives that treat the elderly as the sole revenue source for addressing problems in that age group. A review of these threats provides lessons not only for sustaining and improving health care for the elderly, but also for policy toward equally or more disadvantaged groups.     

善意:格式条款可执行性之前提——以美国法为视角

在格式条款的纠纷解决中,"善意"和"显失公平"的作用越来越重要.美国的成文法和判例法虽然明确承认这两个概念,但一直未将其具体化为一系列具有可操作性的规则,而且因对其含义缺乏共识,所以合同法的效力可能会受到一定程度的伤害.     

Through the meshes of patriarchy:

This article offers an analysis of women's life and status within the peasant family of the Saguenay region (Quebec) prior to the completion of the settlement process. After a brief survey of the literature in the field, a variety of sources (including several bodies of oral data) is analyzed, offering the conclusions that: (1) it is useful to carefully distinguish between the macro-social or societal level (State, Church, capital …) and the micro-social sphere of the family and the conjugal couple; (2) the societal scale was made up of unambiguously patriarchal powers, norms, and institutions, whereas at the micro-social level, the reality was much more complex and offered a great deal of diversity; (3) societal constraints heavily influenced the conjugal relationship but not in a deterministic way. The latter remained a social area where the women, somehow, remained able to maneuver, to negotiate and to assert themselves; (4) the same can be said of the thesis that male ownership and control of the means of production necessarily entailed subordination and proletarianization of the married women; and (5) it would be fruitful to explore the idea that male domination was mostly rooted and secured not in the family but in the societal arena.     

Estimating the speed of vehicles: the influence of stereotypes

Abstract

Davies and Patel (2005, Legal and Criminological Psychology, 10, 45–62) demonstrated that stereotypes associated with particular types of car influenced judgements of culpability in a road accident report. This study explores whether stereotypes influence judgements of the speed of different vehicles. In Experiment 1, participants observed films of a BMW 3 Series and VW Polo being driven at 20, 40 and 60 mph. Accuracy of speed estimates was high and no effect of stereotyping was observed. This finding was replicated in Experiment 2 when the stereotype of a ‘typical’ BMW or Polo driver was instantiated prior to viewing the films and despite participants predicting that the speed of the BMW would be substantially higher than the Polo. In Experiment 3, speed estimates were made unexpectedly a day after viewing the films. In accordance with the stereotype, the BMW was now judged as being driven significantly faster than the Polo at the same actual speed. Consistent with findings from person perception, these results suggest that when unambiguous countervailing information is present, stereotypical influences are minimised or overwhelmed, but much stronger effects occur when access to critical information is impaired or ambiguous. The implications of these findings for witness estimates of vehicle speed are discussed.     

政治参与：和谐社会的基石

公民政治参与具有表达功能、妥协功能、教育功能和监督功能,它是和谐社会的基石。当前,与构建社会主义和谐社会的要求相比,我国公民的政治参与还存在不少问题,如:动员型参与比重过大、非理性参与时有发生、政治参与的程序化建设任重道远、政治参与的不平衡现象还很突出等。这些问题都会影响政治参与在和谐社会构建中发挥应有的作用。我们应该从培育社会主义政治文化、扩大公民知情权,实现信息公开、尊重和开通新的参与渠道、使政治参与和公民的切身利益紧密结合等几方面着手推动中国公民政治参与的更快发展。