论我国学校法律教育的几个基本问题

学校法律教育的提法较“法制教育”更为准确。学校法律教育的目标是培养学生具有良好的法律意识,其地位处于教育环节的最基础一环,不容忽视。学校法律教育的实施是一项系统的工作,具有复杂性与长期性。     

大学生违纪违法与高等教育改革

我国大学生违法犯罪增多引起了社会的广泛关注。研究大学生违法犯罪不能够脱离我国高等教育改革和发展的社会背景,因为现阶段我国大学生违法犯罪增多,不仅与经济发展和社会结构的变化以及大学生个人因素有着密切的关联,而且与高等教育的现实和发展紧密相关。预防大学生违法犯罪必须对我国高等教育改革进行反思,并进一步加大我国高等教育改革的步伐,通过高等教育的改革努力为大学生健康成长和成才创造良好的条件从而达到预防大学生违法犯罪的目的。     

论法制教育课程化与法制课程生活化

中学生在学习法律常识内容时普遍表现冷淡,但调查显示学生对开设法制教育课程的态度是肯定的,不满意的是法制教育的方式和手段。学校法制教育不是一般的法制宣传,它必须遵循教育规律,必须按照学校教育的特点将它设计成为合乎教育要求并服务于学校办学目标的学校教学课程,实现法制教育的“课程化”和“生活化”。     

期待法制教育更具实效

<正>一项对全国十个省市未成年犯罪者进行的抽样调查显示,有34.9%的孩子实施犯罪行为时,"不知道这是违法犯罪,也不知道会受惩罚",这是极其令人痛心的,也从一个侧面折射出学校法制教育的"软肋"。     

The Legislative Process in Republican China: The 1930 Nationalist Family Law and the Controversy over Surnames for Married Women

Abstract

This article investigates the legislative process that produced the 1930 Nationalist Family Law Book of the Republican Civil Code, focusing in particular on the debate over married women's surnames. In the accompanying discussion, Guomindang (GMD) lawmakers, legal experts, educators, women's rights advocates, and others grappled in a remarkably open manner over how best to address the surname question in light of their concerns with Party consolidation, legal modernisation, gender equality, social stability, and individual identity. Although the outcome of the legislative process affirmed customary surname practices (albeit with progressive overtones), the process itself was uniquely radical, with participants thoroughly reevaluating one of the oldest and most fundamental patriarchal institutions in Chinese society. The legislative and post-legislative debate over surnames illuminates the Nanjing Decade as a singular transitional period in the history of Chinese law and gender during which law was subject to revision and amendment rather than orthodoxy, and GMD policy toward women was subject to deliberation rather than dictated by ideology.     

Education,Employment and Earnings of Secondary School and University Leavers in Tanzania: Evidence from a Tracer Study

This study uses a tracer survey of secondary school completers in Tanzania to analyse the impact of educational qualifications on labour market earnings. We show that the rates of return to the highest educational qualifications for wage employees are not negligible and, at the margin, provide an investment incentive. However, we find little evidence of human capital effects in the earnings determination process for the self-employment sector. Introducing controls for father's educational background and a set of school fixed effects designed to proxy for school quality and potential labour market network effects reduces the estimated rates of return to educational qualifications. A comparison of our results with the available evidence from other countries in the region suggest that, despite an extremely small secondary and university education system, the private rates of return to education in the Tanzanian wage employment sector are comparatively low.     

Democracy and Dictatorship in Continental Latin America During the Interwar Period

This article emphasizes the key role of labor in shaping trends and patterns of pica change. The first section of the article argues that during the interwar period, continental Latin America experienced common trends in several areas, including a general upsurge in labor unrest, deepening conflicts among elites, the implementation of new modes of state regulation, and a disruption of prevailing trade arrangements within the world economy, all of which were accompanied by a brief but significant wave of democratization in the 1920s. Noting that these general trends were unevenly distributed through the region (particularly after the 1930s), the second section of the article proceeds to abstract four patterns of political arrangements (repressive dictatorships, party competition, corporatist nationalism, and unstable labor politics). The article uses two principal variables (the relative weight of the middle and working classes and the degree of cohesion/fragmentation among elites) to explain these patterns of political change. Overall, the article suggests that the relative strength of labor and subordinate groups was key to shifts away from repressive dictatorship, while the degree of convergence among elites was significant in shaping political outcomes, but not in promoting democratic outcomes. I would like to thank Professor Irving Louis Horowitz for useful comments on an earlier version of this article. Previous versions of this research were presented at a seminar of the Latin American Studies Center at Princeton University, and at an annual meeting of the Southern Labor Studies Conference, where I benefited from comments by panel participants.     

Articulating the Nexus of Politics and Law: War in Iraq and the Practice within Two Legal Systems

Does law rule foreign affairs in the democratic state? Basically, one might expect that democratic executives operate on the ground of what is called the Rechtsstaat, and that in a political system with checks and balances operations—especially those eventually dropping out of that ground—are subject to judicial review. However, legal systems are more often than not willing to abstain from a legal governance of its countries' foreign policy—because of "political reasons." Moreover, democracies obviously vary according to their legal operations. At least in the area of foreign affairs, the relationship of democracy and law does not take up a necessary character. Facing this contingency, the article engages in the discursive construction of a politics and law nexus in the course of the operations of two legal systems, in the United States and Germany. For that reason, it will proceed by deconstructing two legal decisions related to the war in Iraq. Building upon the premise that legal practices are intertwined into a larger web of (legal) text, the article argues that the possibility of a judicial abstention in cases bearing reference to foreign policy issues depends on meaning produced in the course of the signification and positioning of discursive elements like "politics" and "law." Thus, speaking law is a politico-legal practice.     

高度重视青少年法制养成教育

结合青少年身心特征和认知特点开展法制教育,着力提高青少年普法教育的实效性,不仅要靠法律意识的培养和法律知识的传授,同时也离不开青少年主体的实践。通过青少年法制养成教育,则可以进一步坚定青少年依法参与社会生活的观念、切实提高青少年的维权能力、牢固树立遵纪守法的自觉性和消除尚在萌芽状态的违法行为,从而使法制教育取得实效。     

From Borderland to Heartland: The Discourse of the North-West in Early Republican China

Abstract

The issue of the North-West, its developmental potential and significance as a national place, gained great attention in early and mid-1930s China. Early twentieth-century Chinese understandings of the North-West as a geographical region derived from Qing imperial order in the Inner Asian frontier lands of the empire but the term became more complex semantically in the Republic and by the 1930s it had gained a range of different meanings. Such complexity bespoke some of the tensions involved in conceptualizing the relationship between former Qing Inner Asian frontier lands and the Chinese heartland within the new territorial form of the Chinese Republic. This article traces changing meanings and uses of the term from the late Qing into the 1930s. It identifies and examines key areas of its discursive content and reveals the growing centrality of ideas of the frontier and North-West in Chinese nationalist discourse. This research highlights the importance of the frontier in post-imperial Chinese visions of the nation.     

中国未成年人法律保护的新发展——解读修改后的《未成年人保护法》

《中华人民共和国未成年人保护法》的修改，在我国未成年人保护方法史上具有里程碑的意义。此次法律的修改，扩大了司法机关扩大收办权益保护案件的范围。增强了未成年人自我保护的规定，增强了未成年人保护社会责任，这是建立在未成年人是成长中的独立主体和未成年人具有自觉能动性的科学理论基础上，也是吸纳我国理论研究和地方立法的原创性成果的体现。     

多元视野下的美国青少年法治教育：途径、策略及启示

美国青少年法治教育在美国公民教育中占有重要位置。其教育特点在于建立以学生为本的法治教育模式，注重行动与实践参与，注重法治教育内容的层次性、完整性、连续性、科学性，提高学生参与社会的能力。开展多种形式的法治教育，突出情景教学模式，培养学生的参与意识，整合教育、家庭与社会资源，构筑三位一体的法治教育模式，充分发挥网络资源在法治教育中的作用。其教育特点启示我们，法治教育不是单一的课堂灌输，而是多元互动的结果。     

Towards an Emancipatory International Law: the Bolivarian reconstruction

In this article, we argue that a unique South American treaty known as ALBA—the Bolivarian Alliance for the Americas—puts forward a cohesive counter-vision of international law rooted in notions of complementarity and human solidarity. We further argue that Third World Approaches to International Law (TWAIL) scholars might use this initiative as a springboard to push forward a long-overdue reform of the international legal regime. While, on its own, ALBA is unlikely to pose much of a challenge to the structural imbalances that permeate global society, when juxtaposed alongside the many initiatives of the Bolivarian Revolution, it appears to possess significant democratic potential. With both scholarly and popular support, ALBA may even have the capability of sparking a renewal of a united Third World movement.