宪法危机理论:以美国内战与重建时期为例的阐释

宪法危机的发生有两个条件 :第一 ,在根本性问题上 ,宪法条文具有强烈的容易引起宪法解释争端的模糊性 ;同时 ,这些模糊的宪法条文所规定的问题 ,在现实政治生活中又已经发展成为实际的、主要的政治问题。我通过对美国内战与重建时期的历史检视 ,发现在美国联邦宪法中存在着三个符合这些条件、并最终引发宪法危机的模糊点 :联邦制度和最高主权归属的问题、共和制度与奴隶制度的关系问题、公民身份与公民权利的问题。这三个问题也是美国内战与重建时期要着力解决并通过暴力手段得以解决的问题。     

Analyzing and Interpreting Lime Burials from the Spanish Civil War (1936–1939): A Case Study from La Carcavilla Cemetery

Over 500 victims of the Spanish Civil War (1936–1939) were buried in the cemetery of La Carcavilla (Palencia, Spain). White material, observed in several burials, was analyzed with Raman spectroscopy and powder XRD, and confirmed to be lime. Archaeological findings at La Carcavilla's cemetery show that the application of lime was used in an organized way, mostly associated with coffinless interments of victims of Francoist repression. In burials with a lime cast, observations made it possible to draw conclusions regarding the presence of soft tissue at the moment of deposition, the sequence of events, and the presence of clothing and other evidence. This study illustrates the importance of analyzing a burial within the depositional environment and taphonomic context.     

The Past as Prologue: An Economist''s Tentative Prognosis for the New Millennium

The past millennium witnessed three intellectual revolutions, namely, the Renaissance, the Reformation, and the Enlightenment. A fourth such revolution, the High Tech or Information Revolution, started after the end of World War II, and is still evolving. The computerization of all sciences has now bridged the former Great Divide between the natural and social sciences. Today, it is widely believed that the 21st century will be the century of biology, and that social scientists will soon base their analytical work in the physical realities of human biology and psychology.     

Technological innovation within the Spanish tax administration and data subjects' right to access: An opportunity knocks

In this paper, we analyse the data subjects' right to access their personal data in the context of the Spanish Tax Administration and the legal consequences of the upcoming General Data Protection Regulation. The results show that there are still difficulties related to the scope of this right, the establishment of proper storage criteria, and in the procedures used by the data controllers to provide accurate information to the data subjects. This situation highlights the necessity to incorporate such technological innovation as metadata labelling and automatic computerised procedures to ensure an optimum management of the data subjects' access to their tax related personal information.     

Exploring the Social Context of Instrumental and Expressive Homicides: An Application of Qualitative Comparative Analysis

Using data from the UCR's Supplementary Homicide Reports, the methodof qualitative comparative analysis (QCA) is used to examine whetherinstrumental and expressive homicides are similar or unique in their socialcontext (i.e., combinations of offender, victim, and situationalcharacteristics). Instrumental and expressive homicides are found to haveboth common and unique social contexts, but the vast majority of homicideincidents involve combinations of individual and situational factors thatare common in both general types of homicides. Among subtypes ofinstrumental (like rape, prostitution, robbery murders) and expressivehomicides (like lovers' triangles, brawls, and arguments), there iswide variability in their prevalence of unique and common components. Afterdiscussing these results, the paper concludes with illustrations of how QCAmay be used in other areas within criminology.     

Convenient and Inconvenient Truths in Family Law: Preventing Scholar‐Advocacy Bias in the Use of Social Science Research for Public Policy

This is the second of two articles on the risks of advocacy bias in the reporting of research findings when boundaries are blurred between social science research and advocacy in the pursuit of public policy. In the first article we identify common ways in which social science researchers and reviewers of research—wittingly or unwittingly—can become advocates for ideological positions and social policies at the expense of being balanced reporters of research evidence. The first article discusses the difference between truth in social science and truth in law and identifies a range of scholar‐advocacy strategies that bias research evidence, illustrated by recent debates about overnight parenting of infants and toddlers. In this second article we show how biased research evidence by scholar advocates results in increased confusion and controversy that diminishes the credibility of all parties and stalemates progress in the field, using a case illustration of intimate partner violence in family court. We also show how adherence to scientific methods prevents the misuse of research and suggest a number of collaborative, integrative measures that can help transcend the adversarial stalemate. In a look to the future we consider some unbiased, standardized ways of assessing the strength and generalizability of research evidence.     

比较与借鉴:我国历代官吏考核制度

官吏考核,是对官吏职位升降、奖优罚劣的基础,是我国历代官吏管理制度的一项重要内容。本文通过纵向比较自原始社会末期到清代前期各朝代的官吏考核制度,力图从中发现我国古代官吏考核制度的发展规律,以期对我国当今公务员制度改革以及公务员绩效考核指标体系设计提出参考意见。     

Exploring the Genesis of Economic Innovations: The Religious Gestalt-Switch and the Duty to Invent as Preconditions for Economic Growth

This paper discusses changes in the level of knowledge, i.e. learning, as a key source of economic growth, and argues that historically a radical change in attitude towards new knowledge has been a necessary precondition for economic growth. The Renaissance created this radically new attitude in Europe, and this paper discusses contributions to economic theory and economic policy of some of the most influential scientists involved in this process: Francis Bacon (1561-1626) in England, and Leibniz (1646-1716) and Christian Wolff (1679-1754) in Germany. It is argued that these polyhistors viewed economic change as a dynamic knowledge-based process–a view that has important similarities with modern evolutionary or Schumpeterian economics. These similarities have so far not been recognized, and the paper suggests that modern economic theory would benefit from studying the theoretical and practical economics of these philosophers who laid the foundations for the industrial revolution.     

Urgent issues and prospects at the intersection of culture,memory, and witness interviews: Exploring the challenges for research and practice

The pursuit of justice increasingly relies on productive interactions between witnesses and investigators from diverse cultural backgrounds during investigative interviews. To date, the role of cultural context has largely been ignored by researchers in the field of investigative interviewing, despite repeated requests from practitioners and policymakers for evidence-based guidance for the conduct of interviews with people from different cultures. Through examining cultural differences in human memory and communication and considering specific contextual challenges for investigative interviewing through the lens of culture, this review and associated commentaries highlight the scope for considering culture and human diversity in research on, and the practice of, investigative interviewing with victims, witnesses, and other sources. Across 11 commentaries, contributors highlight the importance of considering the role of culture in different investigative interviewing practices (e.g., rapport building, questioning techniques) and contexts (e.g., gender-based violence, asylum seeking, child abuse), address common areas of cultural mismatch between interviewer–interviewee expectations, and identify critical future routes for research. We call for an increased focus in the investigative interviewing literature on the nature and needs of our global community and encourage constructive and collaborative discussion between researchers and practitioners from around the world to better identify specific challenges and work together towards evidence-based solutions.     

舆论与刑法的偏差式互动:刑事责任年龄个别下调的中国叙事

降低刑事责任年龄的舆论诉求与刑法回应已然发展成为一对既密切关联、又有所区别,甚至存在矛盾冲突的新力量,深度嵌入未成年人罪错行为治理的复杂格局之中。引入长短期记忆网络(LSTM)对14058条新浪微博相关评论文本进行情感分类,分别统计正向、中性、负向情感的高频词,可以数据化呈现社会舆论的具体诉求与刑法回应的实际效果。面对社会舆论对刑法功能的过度期许、对保护理念的极度排斥、对规范设置的明确否定,刑法采用了分散式功能叙说、不能“一放了之”的话语体系置换、年龄整体下调与多重限制并行的回应策略。然而,这一回应策略导致社会舆论对刑法的功能期许不降反升、保护与惩戒的理念认可度更加失衡、限制性规范存在异化风险。刑法应在理解、尊重社会舆论的演化逻辑与核心诉求的前提下,逐步缩小功能诉求与治理供给的偏差,以惩戒理念的强调带动保护理念的培植,寻找支持个别下调的正当性基础,探索“舆论诉求—刑法引导—社会互动”的“杜鹃—鸳鸯模式”。     

略论抗战相持阶段国民政府的军事战略——以南岳军事会议和长沙会战为中心的研究

详细研究国民政府在抗日战争相持阶段军事战略的学术成果不多，且以否定居多。通过研究三次南岳军事会议和四次长沙作战的具体史实，可归纳出此时期国民政府军事战略的四个特点：持久战的总体构想；重视湖南战场，屏蔽大后方；不再一味死守重要城市；应战而不求战的策略。据此可以认为，国民政府基本把握了抗战相持阶段的特点，其军事战略基本上是正确的，即以持久战对抗日本的速决战，以空间换时间。尽管主客观方面的原因使得国民政府在相持阶段的军事战略显得有些保守，但是不加分析地责难其“消极、妥协、退让”，是有些苛求的。     

分歧与和谐:析WTO争端解决机制的法律适用

关于WTO争端解决机制的法律适用问题,目前学术界存在“并入说”与“自足说”之争。两种学说分歧实质在于WTO法的属性是开放性还是自足性。从WTO争端解决机制发展而言,似应取两种学说之长,这一方面可以使DSB有效解决成员方之间的贸易争端;另一方面可以使DSB的裁决报告受到WTO成员方更广泛的接受,从而使WTO法随着时代的发展而与时俱进。     

Privacy and personal data protection in China: An update for the year end 2009

This paper explores developments in privacy and data protection regulation in China. It argues that, since China is an emerging global economic power, the combination of domestic social economic development, international trade and economic exchange will encourage China to observe international standards of privacy and personal data protection in its future regulatory response.     

欧洲一体化与欧盟制宪:一种宪法学的解读

作为世界上最成功的目标和价值共同体 ,欧盟制宪既是欧洲一体化进展的必然结果 ,也是欧洲一体化深化和扩大的现实需要。用宪法学的理论分析欧盟制宪的动因、宪政基础 ,有利于从理论上解决欧洲宪法制定过程中可能产生的问题 ,也有利于向世界范围扩展宪政理念。     

Theory for Accounting or Accounting Theory: An Essay on the Interaction between Economics and Accounting

The disciplines of general economics and business economics have been growing apart. Business economics has a more practice oriented and multidisciplinary focus. The background for this paper is the question whether, and in what manner, general economics can contribute to the development of business economics. This paper delves into the roots of the old-institutional economic school, in particular into the ideas of Schmoller. More specifically, it is a preliminary investigation into the question whether the insights of the old-institutional school can have a bearing on (management) accounting research. Some future directions in this respect are suggested at the end.     

Regulating electronic identity in the European Union: An analysis of the Lisbon Treaty’s competences and legal basis for eID

This paper discusses the feasibility of EU legal action in the field of electronic identity (eID) within the new distribution of legal competences and the provision of novel legal basis engendered by the Treaty of Lisbon. The article attempts to find a ‘legal anchor’ to the idea of a pan-European electronic identity within EU law, looking at the issues of competences and legal basis. After examining various different areas of competence and the most feasible (and probable) candidates for a legal basis supporting an EU legal framework for eID, the paper argues that the latter should be found in the combination of Article 16 TFEU (concerning the right to the protection of personal data) with Article 3 TUE, and Articles 26 and 114 TFEU (concerning the establishment and functioning of the Internal Market), which also constitute the area of competence where an eID legal initiative can be pursued.     

An Assessment of the Validity of Polygraph Examinations for the Psychophysiological Detection of Deception: A Judicicial Opinion and Research Study Review

The polygraph device has been advanced by proponents as a valid (measures what it is supposed to measure, even against counter-measures), accurate (it does what it is supposed to do), and reliable (produces consistent outcomes) diagnostic tool able to measure physiological responses indicative of deception. These physiological responses are said to be a direct result of psychological arousals. (National Research Council [NRC] of the National Academies, The polygraph and lie detection, 2003). A debate concerning the validity of this test instrument has maintained for over 85 years, since the first polygraph device was introduced. This analysis takes into account court cases that address the issue and the available literature and relevant studies that support judicial decision-making. The conclusion arrived at is that this particular testing device has not attained a level of scientific support to warrant unqualified judicial acceptance.