相对刑事责任年龄的协调适用——兼对晚近有关解释的批判解读

刑法第 1 7条第 2款关于相对刑事责任年龄的规定本身存在不周延性 ,结合刑事立法解释和刑事司法解释的相关内容 ,其中法律适用问题更加突出。应运用实质合理性和形式合理性原则探讨其协调作用 ,并由此协调晚近刑事立法和刑法解释的关系。     

The Biodiversity Convention and in situ Conservation in Zambia

This article describes biological diversity, its importance to the global community and to the African continent, focusing particularly on Zambia, my home country. The article considers briefly the provisions of the Convention on Biological Diversity¹ (the Biodiversity Convention) and in particular the in situ conservation obligations under the Convention. The article identifiies the required actions for the effective in situ conservation of biological diversity in Zambia. In this regard, the article high-lights the main problems associated with biological diversity loss, examines Zambia's legislation on the conservation of biological diversity and considers whether the obligations thereunder comply with the actions required for the effective conservation of biological diversity identified under the Biodiversity Convention. The article concludes with recommendations on what actions are needed for effective in situ conservation of biological diversity in Zambia.     

信用证非单据条款研究

从分析信用证上面的条款着手,在不损害信用证独特性质的前提下,利用合同法的理论,通过将体现开证行和受益人合意的、单据性要求的条款称为信用证“单据条款”来界定其反面——信用证非单据性条款;分析了相关的法律对于信用证非单据性条款的规定,以厘清法律对于这种条款的意见;通过比较分析两个相似的信用证非单据条款判决来分析司法实务界的看法,指出法院在处理非单据条款的时候会突破UCP500第13条(C)的规定而适用合同法。最后对如何处理这种条款提出了建议。     

Constitutive Criminology and the ‘War on Terror’

This article presents a constitutive criminological perspective of the ‘war on terror’. The article will first deconstruct the ‘war on terror’; showing how constitutive criminology provides a framework in which foreign policy, the UK state; the police, and society can be systematically analyzed in relation to one another. Second, the article explores how constitutive criminology enables a critical analysis of the dominant state-centric ‘war on terror’ discourse. The article through discussing the multifaceted ‘war on terror’ demonstrates the relevance of constitutive criminology, as a non state centric approach to critical perspectives in criminology.     

存疑信用权——《德国民法典》第824条分析

主张信用权为特别人格权者将《德国民法典》第824条为比较法之重要参照。而从《德国民法典》第824条的形成历史、在德国侵权法体系中的体系地位及其之规范功能分析来看，其所保护的实乃“一般财产利益”，而非人格权。对此，我国信用权立法尤须注意。     

Ruling on Prisoners' Grievances

In this article, the author describes his experience as an active participant on a central review board designed to hear appeals by prisoners front adverse decisions made by local prison grievance and disciplinary boards. The invitation to serve as "citizen member" on this appellate board came to the author as a result of his earlier work on inmate grievance procedures, reported in a previous Journal article. The present article gives a close-up account of the types of inmates and inmate problems encountered while serving on such a board and of the difficult role conflicts that the board members face in trying to make decisions that are both fair and realistic. The article also gives a first-hand impression of the flavor of prison life.     

SETTING THE SCENE

This article focuses on the Family Law Act of Australia and its subsequent impact on the Australian courts. There is an analysis of the historical and social factors that led to the legislation. The article also discusses the constitutional precedent and framework surrounding the Family Law Act's inception. Finally, the article addresses the future of the Australian courts under the Family Law Act.     

Tilting at Windmills? Truth and Illusion in ‘The Political Constitution’

This article examines the constitutional scholarship of John Griffith. Centring on Griffith's seminal article 'The Political Constitution', the analysis reveals a more complex and pessimistic thinker than the standard image of Benthamite radical would allow. The article then examines the cogency of Griffith's vision – particularly his thesis that rights discourse 'corrupts' law and politics – against recent developments. It concludes by reflecting on Griffith's radical debunking style.     

REALITY IS. . . . A RESPONSE TO MARTINDALE,TIPPINS, BEN‐PORATH,AUSTIN, AND WITTMANN

This article is written as a response to the Martindale et al. critique of the Ackerman and Pritzl (2011) child custody evaluation practices article. The Martindale et al. critique focuses on a small portion of the overall results regarding test usage and suggests that the entire article is “flawed and deficient.” However, their critique engages in confirmatory bias and exaggerated statements and ignores the overall value of the article in general. A more broad‐based explanation of the results is provided herein.     

对新一轮政府机构改革相关问题的分析

本文对1982年、1988年、1993年乃至2003年的历次政府机构改革的基本情况进行了回顾,作出了改革开放后历次机构改革的总体成效是呈现出一个阶梯式发展态势的基本评价。指出了由于历史与客观条件的限制,机构改革仍然有些问题没有得到很好地解决,主要是政府机构自身内部问题和整个行政体制的制度设计问题。提出了新一轮政府机构改革应破解的难点和应完成的任务。     

禁止流质约款之合理性反思

流质约款是指民商主体当事人之间在有关物的担保合同中约定的,于债务人到期未能清偿债务时即由担保权人取得所约定的担保物的所有权的条款。流质约款为国内外多数担保立法明确禁止,亦为我国民商法学界所否定。但是反观民商法理论上有关禁止流质约款的理由,却存在着诸多让人难以信服和与现实生活的悖谬之处,其立法规定也缺乏有力根据。我国的物权立法对流质约款应当予以认可。     

补贴与国际投资的关系及与国际立法趋势的冲突

投资鼓励措施在本质上是一种补贴 ,应当归属WTO管辖范畴。广泛存在的投资鼓励措施与当今国际投资立法的大趋势是相冲突的 ,与国际投资自由化要求的市场准入、国民待遇等核心规则不符合 ,并产生了扭曲投资的消极后果。投资鼓励措施与补贴与反补贴措施协议的冲突 ,揭示出逐步消除投资鼓励措施是全球经济一体化和国际投资自由化的必然要求 ,也是WTO多边贸易体制的要求。     

Religious Radicalization and Lone‐Actor Terrorism: A Matter for Psychiatry?

This article discusses the place of the psychiatric field in the ongoing phenomenon of religious radicalization. First, the article provides an overview of the existing literature on lone‐actor terrorists and the link with mental illness. Current research is focusing increasingly on lone‐actor terrorists. This is the most recent and rising development on the global terrorism scene. The literature is currently developing a more precise and informed definition of lone‐actor terrorism. The article then describes and discusses the case study of a mentally ill patient arrested following his assault on a military serviceman on the grounds of religious radicalization. The patient, diagnosed with schizophrenia, is taken as an example of the specific case of religious radicalization in patients with schizophrenia. Finally, the article discusses the curative and preventive roles that can be played by psychiatrists and other professionals who are in contact with these types of patients.     

Giving and Getting Respect: Prestige and Stratification in a legal Elite

This article focuses on the corporate actor elite of Chicago's legal community—those attorneys who practice law with and for the major business, social, civic, and cultural organizations in the city. A continuation of a previous article, this article focuses on the differential allocation of professional respect made within that elite. Specifically, the discussion centers on the "second-class citizenship" in the legal community to which elite house counsel are relegated by elite partners in private law firms.
The first half of the article probes the social bases for that stigma. Examining a number of alternative explanations, it offers most support to one based on differences in the educational preparations of the respondents, to the effect that house counsel attended less prestigious law schools and performed less outstandingly at these schools than did firm partners at theirs. In the concluding half of the article, the effects of the stigma on elite social cohesion and commonality of purpose are examined. What emerges from this analysis is the finding that the house counsel stigma—strongly felt as it may be by all concerned—nevertheless generates no lasting lines of social cleavage within the corporate actor legal elite.     

行政指导与公共卫生安全

本文针对近年来我国公共卫生安全的现状进行深入思考,围绕行政指导在维护公共卫生安全,尤其是应对突发性公共卫生事件中所起的作用,以及行政主体在实施行政指导行为的过程中所应遵循的原则展开论述,以求对行政指导在构建我国完善的公共卫生安全体系中所发挥的作用能有所裨益。     

虚拟角色法人的财产权——虚拟财产法律问题分析新视角

本文分析了有关虚拟财产的司法实践和研究现状；在提出了虚拟角色法人这一概念的前提之下，笔者运用法律经济学的思维方式阐述了虚拟角色法人财产权利的制度，为探索虚拟财产法律问题提供了一个新视角。     

Euthanasia: a reply to Bartels and Otlowski

This article counters arguments made by Bartels and Otlowski in 2010 regarding euthanasia. It suggests that the authors over-emphasised the importance of individual autonomy in its bearing on the euthanasia debate. Drawing on literature concerning elder abuse as well as the "mercy-killing" cases reviewed by Bartels and Otlowski, the article contends that legalising euthanasia may increase the risk that some patients are pressured, inadvertently or deliberately, to request access. Safeguards to detect and deter pressure may be of limited effectiveness against such pressure. Regarding slippery slope arguments, the article discusses the potential for an Australian euthanasia system to eventually be extended in scope to encompass mental suffering. The article encourages consideration of long-term potentialities, including changes in macro-economic conditions.     

Talking about radicalization

ABSTRACT

This article seeks to build a bridge between the criminological tradition of research on hard-to-reach groups and sensitive topics and the tradition of critical research on radicalization. As a result of the hard-to-reach character of so-called radicals themselves, the article analyzes interview experiences with ‘professionals’ working within the prevention of radicalization and other actors. This article discusses the experiences connected to the preparation and unfolding of the interviews on the sensitive topic of radicalization and illustrates how interviews and questions designed to gather knowledge about radicalization processes among Muslims in Denmark often became a discussion about the concept of radicalization itself. This article shows that making use of the concept of radicalization is problematic in interviews as it is embedded in the Danish political discourse on immigration, Muslims and Islam. This article reflects on researcher positionality and how being a white ethnic Danish researcher might have caused an underestimation of how problematic the concept is to people directly involved with it, and that speaking from such a researcher positionality also can make the concept of radicalization seem even more problematic.     

The Private Sector and the Implementation of the Kyoto Protocol: Experiences, Challenges and Prospects

This article emphasizes the critical importance of the private sector to the success of the efforts to mitigate climate change. Analysing the progress and experiences gained so far, this article concentrates on the role of the private sector in the operationalization of the Kyoto Protocol's three flexible mechanisms, namely Joint Implementation (JI), the Clean Development Mechanism (CDM) and international emissions trading. The article illustrates in detail the various tasks performed by private actors during the CDM and JI project cycles, and contemplates their possible participation under Article 17 of the Protocol on international emissions trading. While identifying some challenges, the article argues that the Kyoto Protocol's flexible mechanisms have succeeded in finding innovative ways of involving the private sector in climate change mitigation and that the post-2012 climate regime should build on these experiences.     

Jurisdictional games and decision making: The Belgian approach in dealing with migrant smuggling

The article presents a case study focusing on the Belgian approach to deal with migrant smuggling and more broadly on the governance of migrants in transit on its territory. Drawing from the literature on jurisdiction and scales and combining it with the scholarship on bureaucrats' decision making, the article sheds light on the messy dynamics and realities of legal governance of migrants transiting through Belgium in their journey to the United Kingdom. By focusing on the multilayered nature of the issue, the distinct legal regimes and the various actors involved, the article argues that the jurisdictional separation of the realms of criminal and administrative law enables a decision to mobilize a set of law over or in combination with another. The article explores the situation at the local and national scales and, as jurisdictions overlap and competences are scattered between distinct entities and actors, specific attention is paid to “passing the buck” behaviors and discourses which have substantial consequences for the situation of migrants in transit in Belgium.