论法律的秩序价值

人类社会是以法律秩序为重要纽带而生存发展的.法律秩序是由法所确立和维护的,以一定社会主体的权利和义务为基本内容的,表现出确定性、一致性、连续性的,具有特殊强制力的一种社会状态.法律秩序为社会主体提供安全保障,为社会关系提供依循的界限和规则,使社会可以据以稳定、繁盛和持续发展.法律秩序不是在任何条件下都有好的实现法律秩序价值,需要使确认秩序和创设秩序完好的结合.确认应当确认的秩序,便能固化经验和提升生活;创设应当创设的秩序,便能创造生活和引领生活.     

Promoting Urban Agriculture: Insurance as an Important Tool

As population density and climate change affect food supplies, urban agriculture becomes increasingly important. Insurance is just one component of managing the risks associated with these changes and of helping the agriculture sector adapt to them. Research to date indicates that insurance, public policy, and land use law must effectively be combined in order for urban agricultural initiatives to flourish. However, financial support is another crucial element that too often is overlooked. This article discusses the deployment of various insurance products as a means to facilitate and create incentives to encourage urban agriculture. This promising business may be promoted by adjusting existing insurance coverage, establishing local urban agriculture insurance programs, and incorporating risk analysis into urban land use planning.     

利益分配的工具：版权制度的价值论分析

版权(法)的基本价值应该是指版权赋权规则的价值.版权价值包括作者人格价值、私有财产价值、公正分配价值等直接的规范价值,以及促进文化、民主和其他公共性利益最大化等社会性价值.版权制度所具有的是一个层次性的价值体系.其中,公平与激励价值是版权赋权规则所欲达到的外在目标,它指导着版权赋权规则的制定.按照工具价值服务于目的价值的原则,版权之人格价值、财产价值的实现是对分配公平价值和其他社会价值的促进,前者应该服务于后者,更不得妨害后者.     

Microscopic Saw Mark Analysis: An Empirical Approach

Microscopic saw mark analysis is a well published and generally accepted qualitative analytical method. However, little research has focused on identifying and mitigating potential sources of error associated with the method. The presented study proposes the use of classification trees and random forest classifiers as an optimal, statistically sound approach to mitigate the potential for error of variability and outcome error in microscopic saw mark analysis. The statistical model was applied to 58 experimental saw marks created with four types of saws. The saw marks were made in fresh human femurs obtained through anatomical gift and were analyzed using a Keyence digital microscope. The statistical approach weighed the variables based on discriminatory value and produced decision trees with an associated outcome error rate of 8.62–17.82%.     

In Search of Legitimacy: Toward An Empirical Analysis

Legitimacy is a much used concept in the social sciences. However, the absence of precise operational meaning has prompted questions about its utility as an explanation of compliance with social norms. Most recently, Alan Hyde has argued that legitimacy cannot be disentangled from other explanations of compliance such as coercion and self-interest and should, therefore, be abandoned. However, institutional, attitudinal, and behavioral dimensions of legitimacy can be operationalized. As part of our research on small claims courts we examined variations in institutional processes and legitimacy, gathered data on levels of voluntary compliance, and questioned defendants about their reasons for paying claims against them. We conclude that institutional legitimacy is related to voluntary compliance, and that the "language of obligation" is an important part of normal discourse. Operational meanings for legitimacy are available and empirical research about legitimacy should be a prominent part of the social science research agenda.     

专业技术分层的实证分析

在工业化进程中社会分工系统所表征的职业分类系统与组织职位系统,都是按照职业和岗位的专业技术类型和水平为依据构建,职业声望排序实质上内涵着职业的专业技术程度.不同职业类别与水平的专业技术因为被不同组织系统赋予相应的职业地位而具有分层的功能.由此形成的职业分层结构就是社会分层结构的内在机理.中国经济体制由计划体制向市场体制的转型是社会分层结构变化的环境和条件的转换,持续推进下去将有助于阶层关系的转变.     

企业专利价值量化评估实证研究

企业专利价值的量化是企业面临的一大问题。从企业整体专利价值方面考虑,构建了企业专利价值量化的金字塔,分析影响专利价值的因素,提出用分级法确定专利收益贡献率,对厦门某电子企业有限公司（简称厦门某企业）专利与收益之间的关系模型进行了实证分析研究,用企业收益和专利收益贡献率两者相乘得到企业专利价值的估计值,以达到量化的目的。     

犯罪嫌疑人、被告人自报身份虚假陈述问题研究——以东部G省为视角的实证分析

犯罪嫌疑人、被告人自报身份虚假陈述现象在沿海发达地区已经十分突出,给司法机关履行法律职责带来极大困难。解决这一问题应该从加强户籍身份管理入手,完善司法机关之间的协作机制;另外,在法律层面上应及早明确自报身份虚假陈述的法律责任,同时制定相关的纠错程序及救济措施。     

非法证据排除规则在监听证据中的运用——以美国法为蓝本的考察

我国刑诉法修改后,技术侦查措施和非法证据排除规则均引起广泛的关注.监听是技术侦查的基本措施之一,在如何协调监听与排除规则的问题上,美国有着丰富的经验,也许可作为他山之石.在将排除规则运用于监听证据中的发展历程中,美国联邦最高法院扮演了重要的角色,尤其是卡茨案判决具有里程碑的意义,由此确立了合理隐私期待的主客观双重判断标准.2012年最新的Jones案基本指明了排除规则在监听证据中运用的未来方向,对监听证据谨慎适用排除规则将继续成为大法官们的基本态度.     

Cumulative Disadvantage as an Explanation for Observed Disproportionality within the Juvenile Justice System: An Empirical Test

A number of scholars have attempted to explain disproportionality within the juvenile justice system as a function of cumulative disadvantage. This empirical test of the cumulative disadvantage hypothesis suggests that minorities tend to be most disadvantaged at stages in the process where confinement decisions are made (detention, commitment). Thus, while disadvantage does not appear to aggregate consistently and unidirectionally as the child moves through the system, there is some evidence that disadvantage does aggregate between the detention and adjudication stages, once controls from legal differences are imposed.     

Agency Design as an Ongoing Tool of Bureaucratic Influence

Theoretical work assumes that legislators use ex ante design to gain bureaucratic influence, not only at an agency's appointment stage but also as an ongoing tactic. Yet no empirical work has investigated whether or not legislators prefer to use design to exert influence after an agency's appointment stage. Using a mail survey of more than 2,500 legislators, we model legislators' preferences for ex ante design as a function of both institutional factors and individual legislators' characteristics. Our results suggest that the feasibility of agency design as an ongoing tactic of bureaucratic influence is more limited than theoretical work indicates and that both institutional‐ and individual‐level factors explain legislators' preferences.     

An Early Indian Interpretive Puzzle: Vedic Etymologies as a Tool for Thinking

Etymologies are often encountered in Vedic prose, in Brāhma?as and early Upani?ads. Though they have received a fair amount of scholarly attention, Vedic etymologies still present a challenge to interpreters. To respond to it, I critically review previous interpretations, and focus on three case studies, Aitareya Brāhma?a 1.1.2, B?hadāra?yaka Upani?ad 1.3, and Chāndogya Upani?ad 6.8. In my interpretation, I emphasize the need for a contextual reading, foreground Vedic etymologies’ complexity and sophistication, and call attention to the variety of purposes they serve to achieve as well as to Vedic etymologists’ agency. Supplementing conventional interpretations concentrating mostly on their religious-magical aspects, I describe Vedic etymologies as discursive devices used by Vedic authors to further their thoughts and agendas.     

The Sustainability of University-Industry Research Collaboration: An Empirical Assessment

The concept of university-industry collaboration is an important social experiment in the nation's innovation system. This study examines the sustainability of this collaborative experience by focusing on the actual give-and-take outcomes between university faculty members and industrial firms. Based on two separate but similar surveys conducted in 1997, one for faculty members and another for industry technology managers, the study reports that participants in research collaboration appear to realize significant benefits, some expected and others unexpected. The most significant benefit realized by firms is an increased access to new university research and discoveries, and the most significant benefits by faculty members is complementing their own academic research by securing funds for graduate students and lab equipment, and by seeking insights into their own research. Reflecting on their collaborative experience, an overwhelming majority of these participants say that in the future they would expand or at least sustain the present level of collaboration.     

行政允诺的性质及其司法审查——基于对司法判决书的实证分析

随着服务型政府建设的推进,具有授益性、非强制性的行政允诺在实践中得到广泛运用。但鉴于理论上对行政允诺内涵、性质认定的模糊、司法审查实践的集体无意识,行政允诺置于混乱的漩涡当中。通过对行政允诺判决书的研读、梳理,发掘当前行政允诺司法审查存在的问题,对行政允诺内涵的重新界定、行政允诺案由区分标准的重塑,有序审理规则的构建,以期有效规制行政允诺行为。     

An Empirical Test of the Behaviour Analysis Interview

The present experiment is the first empirical test of the Behaviour Analysis Interview (BAI), an interview technique developed by F. E. Inbau, J. E. Reid, J. P. Buckley, & B. C. Jayne (2001) designed to evoke different verbal and non-verbal responses from liars and truth-tellers. Inbau et al. expect liars to be less helpful than truth-tellers in investigations and to exhibit more nervous behaviours. Just the opposite predictions, however, follow from the deception literature, which notes that liars take their credibility less for granted and are therefore more aware of their responses and their impact on others. This suggests that liars' answers should be more helpful than truth-tellers' answers, and liars' non-verbal responses should appear more relaxed than truth-tellers' non-verbal responses. In the present experiment, 40 participants (undergraduate students) lied or told the truth about an event during a BAI interview. The interviews were coded according to Inbau et al.'s guidelines. The results showed that, compared to liars, truth-tellers (a) were more naive and evasive when explaining the purpose of the interview, and (b) were less likely to name someone who they felt certain did not commit the crime. Truth-tellers also exhibited more nervous behaviours. The results were consistent with the predictions of the deception literature, and directly opposed to the predictions of BAI.     

Clinical Assessment of Parents in Child Protection Cases: An Empirical Analysis

We investigated the content and legal relevance of clinical evaluations of parents conducted in child abuse and neglect cases. The sample consisted of 190 mental health evaluation reports, randomly selected from major providers, that had been completed on parents involved in a large, urban juvenile court system. We coded evaluations on 170 objective and qualitative characteristics in order to assess for criteria recommended in the forensic literature. We compared evaluations across groups categorized by type (e.g., psychological, psychiatric, bonding/parenting, substance abuse) and where the assessments were performed (outside or inside the court). We found numerous substantive failures to meet those criteria for forensic relevance. Evaluations of parents typically were completed in a single session, rarely included a home visit, used few if any sources of information other than the parent, often cited no previous written reports, rarely used behavioral methods, stated purposes in general rather than specific terms, emphasized weaknesses over strengths in reporting results, and often neglected to describe the parent's caregiving qualities or the child's relationship with the parent. Some relevant differences were evident across assessment groups, pointing to examples of more thorough, parenting-specific evaluation practices. We recommend ways to improve current practices in forensic parenting assessment.     

民事执行检察监督权:价值、根据与立法完善

民事执行检察监督权,作为具有比法院内部监督更高的透明度,更强的监督力度,以及更能取信于民的权力,不仅有利于保证执行公正、制约"执行乱",以及在我国的执行实践中具有极大的实用价值,而且还具有法律上、中国宪政体制上,以及国家司法权力配置上的根据。对于这种权力,基于我国民事执行的现实需要,应当从立法上作进一步的完善。     

The Direction of Deception: Neuro-Linguistic Programming as a Lie Detection Tool

There is a myth in popular psychology, often echoed in police literature, but as yet untested, that specific eye movements pertain to lying and truth telling. According to this line of thought, eye movements to the sender??s right indicate lying, as the sender??s eyes are drawn to the side of his/her brain where their fabrication is being created. We have put this hypothesis, derived from ??Neuro-Linguistic Programming?? to the test in two experiments. In Experiment 1, a total of 204 participants (all air passengers) were interviewed at an international airport about their forthcoming trip. All participants answered one question truthfully and one question deceptively. Some participants answered a third question truthfully, whereas others answered the same question deceptively. No conclusive evidence was found for a relationship between specific eye movements and deception. In Experiment 2, a total of 31 participants discussed their real occupation in one interview and a pretend occupation in another interview. Only three of the 31 participants revealed the eye movement pattern predicted by NLP. Reasons for the existence of the myth that liars display specific eye movements are discussed.