中国政法大学法律古籍整理研究所简介

我国历史悠久,经、史、子、集各类文献古籍浩如烟海。据统计,自先秦至明清,共存佚古籍十八万一千七百余种,仅《四库全书总目》所著录的即有三千五百种,九千三百多卷。孙殿起《贩书偶记》及《续编》又搜集不见于《四库全书总目》者一万五千种。《中国丛书综录》所收约三万八千余种。自1911年至1949年,全国图书出版新整理的古籍约十     

新发现的《西游记》资料及其解读

近几年陆续发现九条有关<西游记>的文献资料.这些资料既不见于有关资料汇编,亦不见于诸家论文与著作,对研究<西游记>的思想内涵、版本、故事演变乃至传播与影响,都具有重要意义.     

《宝文堂书目》著录与古代小说研究

<宝文堂书目>是古代小说研究尤其是话本研究的重要参考资料.但是书目著录的不全是"书"目,除<六十家小说>之外,有可能还著录了<虞初志>或者<三十家小说>的篇目.现在所认定的<宝文堂书目>著录的话本,事实上一些不是话本,而是文言小说.一旦对书目质疑,势必动摇甚至颠覆奠基于<宝文堂书目>的学术研究.     

浅谈朱元璋的"重典治国"政策

朱元璋推行"重典治国"政策的历史背景是元朝统治末期,政治腐败,纲纪废弛.重刑主义在明初法律实践中的表现如果说上述命令对朱元璋的治国理念可见一斑,那么制定颁布<大明律>、<明大诰>,则是他推行严刑峻法重典治国的充分落实.<大明律>所规定的刑罚已经十分严苛,但是朱元璋仍然惟恐法外遗奸,于是又特令颁行<大诰>于天下.<大诰>实际上是以案例、峻令、训导三个方面内容组成而又具有法律效力的特种刑法.又如,同一种犯罪,<大诰>的处刑要比<大明律>大大加重.<大诰>的问世,标志着明王朝把重典政策推向了新的阶段.     

陈寅恪与《红楼梦》

史学大师陈寅恪并未曾就<红楼梦>一书做系统之研究,然通过考察相关资料及翻检陈先生之相关著作,<红楼梦>中相关人物、资料时时出现.尤其是中后期所著之<元白诗笺证稿>、<论再生缘>与<柳如是别传>三部书中,相关论述尤多.陈先生在其学术著作中对以<红楼梦>为代表的传统小说资料的运用,显示了他广博的学术视野和运用材料的能力,开启了"文史互证"的研究典范,以及文化取向和人文精神世界的深邃而丰富.     

智解“老头子”

纪晓岚在编纂《四库全书》时，一天，正值盛夏，打着赤膊坐在案前。这时，乾隆突然驾到。衣冠不整见驾就有欺君之罪，更何况纪晓岚这副模样!他慌得连忙钻进桌子底下躲避。其实乾隆早就看到了，向左右摇手示意，叫他们别作声，自己就在纪晓岚藏身的桌前坐下来。时间长了，纪晓岚感到憋气，听听外面鸦雀无声，又因桌围遮着看不见，闹不清皇上走了没有。于是偷偷伸出一根中指，低声问：“老头子走了没有？”     

关于直播民生新闻栏目——《百姓连线》的相关探讨

本文通过对<百姓连线>成功经验作深入分析后,得到一个核心概念,就是<百姓连线>通过热线、互动话题、观众面对面等形式架起了民与政府之间的桥梁,所显现的真情是<百姓连线>对自身最好的诠释.     

贝尔纳的远见

纪晓岚编了《四库全书》之后,便不想写东西了,因为他发现前人把一切都道尽了。有时抽空读读古人的书,确实会由衷地生出“太阳底下无新事”之感。J.D.贝尔纳是英国著名的物理学家,他写过一本科学学著作——《科学的社会功能》,这本写于1938年的书所表达的对知识产权制度的看法,与现代学者所谓的最新反思,竟然不谋而合。     

牢记人民重托 当好人大代表

我们常说:人民代表人民选,当好代表为人民.从1984年,我被选举为灞桥区第九届人大代表;1987年,又先后当选为西安市第十届、十一届、十二届、十三届人大代表.20年来,通过认真学习<宪法>、<地方组织法>,特别是学习<代表法>以后,使我深深体会到:要做一个名符其实的人大代表,必须有高度的责任感、使命感和强烈的代表意识,这样才能不辱使命当好代表.     

《专利法》第三次修改对我国通信产业的影响

自2005年开始的<专利法>第三次修改,经过三年多的意见征求、讨论,几易其稿,终于在2008年底尘埃落定.新<专利法>在鼓励创新能力提高、加强专利权保护、强化法律制度对国家经济发展的完善、平衡作用的立法用意清晰可见.但是,各利益方在这一看不见硝烟的战场上攻防博弈所形成的妥协和争论也隐匿其间.通过对<专利法>修改条文的解读分析,探讨了新<专利法>对我国通信企业的影响及后续应对策略.     

Citation analysis of randomized experiments in criminology and criminal justice: a research note

In recent years multiple studies have used citation analysis as a way to examine the most cited scholars and works in criminology and criminal justice and its subfields. This study is the first to focus on the most cited randomized experiments in criminological research. Using citation counts from both Social Science Citation Index and Google Scholar, and multiple sources of randomized experiments, I present the most cited experiments in six areas: policing, courts, corrections, schools, community, and early prevention. Experiments published in non-criminological (e.g., medical) journals tend to be the most cited, and early prevention research is generally cited most frequently of the six categories. I conclude by considering possible reasons why certain experiments are more cited than others.     

Short-term trends in crime and delinquency: A comparison of UCR,NCS, and self-report data

This study examines short-term (five- to ten-year) trends in crime and juvenile delinquency using FBI Uniform Crime Reports data on arrests and offenses known to the police, National Crime Survey data on victimization, and National Youth Survey data on self-reported delinquency. The focus is on FBI Index offenses, but less serious offenses are also considered. FBI statistics indicate generally increasing rates of crime, while NCS and NYS data indicate stable and occasionally decreasing rates. Data on the self-reported incidence of delinquency are more compatible with arrest data than are data on the self-reported prevalence of delinquency, but the two self-report measures are more compatible with one another than with arrest data. Attempts to reconcile official statistics with victimization surveys and self-report studies seem unlikely to overcome the differences among the sources when trends in crime, rather than rates of crime at a single time, are considered.     

The relationship between Body Mass Index and abnormal psychological and personality variables

The Body Mass Index (BMI) was created in order to classify individuals into body weight categories ranging from below normal to very obese, depending on the individual’s weight and height. The Body Mass Index has been identified as a marker for psychological issues such as self-control, self-esteem, depression, and anxiety. This study used a data matrix composed of a sample of 2,506 police officer candidates. The BMI’s were calculated and correlated with 343 personality variables, including the MMPI-II and the Personality Assessment Index. The results indicated a total of 87 significant correlations, 20 at the .05 level and 67 at the .01 level. Despite the fact that many of the correlations were small, the large number of correlations indicates a significant relationship between BMI’s and individuals with problematic psychological and personality characteristics. Discussion centers upon explanations of the relationship between the Body Mass Index and various psychological concepts.     

Development of Criticality Index to Assess Water Quality in Major Rivers of Gujarat

Criticality of Surface Water Quality means the value of its physico-chemical parameters exceeding the specified limits and thus becomes of great importance due to their probable environmental impacts. The term was coined for intra-comparison between various parameters that determine the Water Quality. The Concept of Criticality Index is to assess the relative criticality of various parameters for Riverine Systems. These parameters are very many and include notable such as COD, DO, TDS, pH, etc. Normally, in water quality determination for river stretch, equal importance is given to all parameters and often the fact that certain parameters, more critical than others is neglected. This study emphasizes on this fact and works on related known concepts and logics, and developed the Index which is beneficial in identifying the critical parameters for river stretches. This is useful in prioritizing the mitigation measures due to their inherent characteristics.     

Student and graduate entrepreneurship: ambidextrous universities create more nascent entrepreneurs

Despite its importance, student and graduate entrepreneurship at universities has received limited scholarly attention. The literature on university entrepreneurship has mainly focused on university scientists who have founded their own firms or spin-offs that were created based on intellectual property that is owned by universities. This paper focuses on technology new ventures that are created by university students and new graduates and aims to investigate the linkages among university-level organizational competencies, the entrepreneurial competencies of nascent entrepreneurs and the number of start-ups that have been created by students and new graduates. Our argument is that universities are heterogeneous in their resources and competencies, and these organizational competencies are influential on students in the development of entrepreneurial competencies and hence in the creation of start-ups. Differences among universities have led to information asymmetries and variances in entrepreneurial competencies among students and graduates. This study uses two data sources at the university level from Turkey. The first is the Technoenterprise Funding Support Program, and the second is the Entrepreneurial and Innovative University Index. Our research covers 40 universities over 3 years from 2012 to 2014, and we apply a panel data methodology. Our research suggests that (1) ambidextrous universities that provide a good context for the exploration and exploitation of new knowledge support their students in the development of entrepreneurial competencies and in starting their own technology new ventures, (2) the traditional role of universities (research and teaching) is important for the creation of entrepreneurial universities and finally, (3) university entrepreneurship is path-dependent.     

法的渊源意识的觉醒

迄今为止的法律学说在很大程度上是环绕着法的渊源展开的,法的形成和法的应用甚至以法的渊源为立命的前提性基础;然而法的渊源意识的基础和依托至今仍然殊为薄弱。奥斯汀固然奋力呼吁人们革除法和法的渊源研究方面的弊病,把法和法的渊源从散漫、驳杂和喧闹不已的“超市”中引领出来,却又失之于将其禁锢在一个狭隘的天地。奥斯汀身后的法律学人在探讨法的渊源方面亦有努力,但这种努力并未达致较为成熟的程度。实际的情形表明,如欲转变长期以来未能深究法的渊源因而总是被动地同法的渊源发生关联的情境,俾使法的渊源、法律学说和法律实践三者的融合处于和谐状况,促动法的渊源这种宝贵的资源、进路和动因在良法美制的形成方面展现上佳作用,很显然需要法律人形成自觉且科学的法的渊源意识,需要有普遍的法的渊源意识的觉醒。     

Continuities in the Prediction of Human Trafficking: A Research Note

The stated purposes of this paper are twofold: 1) to build upon Bales’ (2007) earlier paper regarding the factors that predict human trafficking by adding transit countries to the analysis, which included origin and destination countries; and, 2) to demonstrate the efficacy of using the Global Programme Against Trafficking (GPAT) database sponsored by the United Nations Office on Drugs and Crime (UNODC) in ongoing trafficking research, especially when the country is the unit of analysis. Bales (2007) and this research used different sets of measures, with some overlap. So it was not surprising that the results were mixed. Both Bales (2007) and this study identified governmental corruption and the percentage of the population under fourteen years of age as the two top predictors of trafficking from a country. This study identified the percentage of the population under fourteen as the primary predictor of trafficking through transit countries, a category Bales did not include in his study. Bales reported that the proportion of the country's population over 60 years old and corruption were the two strongest predictors of trafficking to a destination country. By way of contrast, this study found that the Human Development Index and the total population measure were the strongest predictors of trafficking to a destination country. Overall this study suggested the need to conduct more research with the data currently available in sources like the GPAT before making global policy recommendations.     

Gathering human intelligence via repeated interviewing: further empirical tests of the Scharff technique

Research on investigative interviewing has only recently started to compare the efficacy of different techniques for gathering intelligence from human sources. So far the research has focused exclusively on sources interviewed once, thus overlooking that most sources are interviewed multiple times. The present study attempts to remedy this gap in the literature. Students (N?=?66) took on the role of semi-cooperative sources, holding incomplete information about an upcoming terrorist attack. The sources were informed that they would be interviewed at least once, and that additional interviews might follow. Half of the sources were interviewed on three occasions with the Scharff technique (consisting of five tactics), and the other half was interviewed on three occasions using the so-called direct approach (i.e. open-ended and specific questions). Collapsing the outcome over the three interviews, the Scharff technique resulted in significantly more new information compared to the direct approach. Furthermore, sources interviewed by the direct approach overestimated how much new information they had revealed, whereas the sources interviewed by the Scharff technique underestimated their contribution (although not significantly so). The current study advances previous research by further contextualizing the tests of the efficacy of human intelligence gathering techniques.     

Historical family systems and contemporary developmental outcomes: what is to be gained from the historical census microdata revolution?

Recent years have witnessed a growing interest in the role of the historical family as the instigator of disparate developmental trajectories. However, a major challenge faced by these studies was that they had to work around a lack of reliable historical data. This study demonstrates how embarking on the recent outburst of historical microdata infrastructures may help to improve these explorations by suggesting additional statistics and a derived measure (the Patriarchy Index) that might prove useful in future efforts aimed at assessing the effect of historical family organization on comparative development. The added value of that endeavour is assessed by comparing the predictive validity of the PI for contemporary developmental gradients against a composite indicator of family organization previously used by economic historians (Carmichael’s ‘Female Friendliness Index’). The results indicate that conclusions about the relationship between historical family organization and various societal outcomes may be sensitive to the measure used. Based on the evidence presented in this paper, it is argued that one of the reasons why the potential importance of historical family for contemporary developmental disparities has not been convincingly unravelled could be inadequacy of data and indicators so far employed to assess historical family formations. To the extent that the Patriarchy Index would be taken up by wider scholarly circles as an indicator of historical family organization it could help unravel potentially new associations between past and present, at least as far as Europe is concerned.     

The Supply-Side of International Corruption: a New Measure and a Critique

I consider the supply-side of corruption in the context of international bribery, which I define as firms bribing public officials abroad. I present the Bribe Payers Corruption Index (BPCI), a non-perception-based measure of cross-border corruption coherent with a simple analytical framework based on an important distinction: that between the propensities to corrupt and observed levels of corruption. The BPCI is compared with a widely known indicator of the supply-side of corruption, Transparency International’s Bribe Payers Index (TI-BPI), which I demonstrate to be flawed. Whereas according to the TI-BPI firms from corrupt countries are more likely to bribe abroad, the opposite emerges when the BPCI is considered. I explain and discuss such results, the implications of which are framed within the global discourse on the supply-side of international corruption.