中——中国古代法文化之价值目标

中国古代文化源远流长,自成传统。与此相适应,中国古代法文化从内涵至源流都打了中国古代文化传统的烙印,从而形成了中国古代所特有的法文化传统。作为这种法文化传统之内在精神,亦即其灵魂,是儒家思想之精髓的"中道"理念。本文拟从"中"的文化与法文化内涵入手,考察作为价值目标与指导思想的"中"在中国古代法中的地位,从而对作为中国古代法文化之价值目标的"中"作一大致的展示。     

The organizational structure of international drug smuggling

While most group offending is not well organized, it is generally assumed that high levels of organization can be found in group offending that generates revenue, such as white-collar crime, drug sales, and smuggling drugs or humans. The organizational structure of international drug smuggling has typically been viewed as highly rational and formally structured. Employing interviews with thirty-four federal prisoners convicted of smuggling large volumes of cocaine into the United States, this study explored the organizational structure of high level international drug smuggling. The subjects described a general lack of formal structure and depicted the drug smuggling operations as composed of isolated work groups without formal connections among each other. These findings bring into question the idea that these groups are rationally organized around pursuing efficiency and support recent research that suggests network security or minimizing risk are key organizing principles of drug trading organizations.     

Chinese organized crime and situational context: comparing human smuggling and synthetic drugs trafficking

This article criticizes the ‘ethnic’ conception of organized crime and puts forward an alternative view that does not put ethnicity first, but rather social networks and situational context. It focuses upon Chinese organized crime, a phenomenon where the preoccupation with ethnicity is paramount, and compares findings from extensive research into two different transnational criminal activities that are carried out by Chinese offenders in the Netherlands. The first topic, human smuggling, is well researched, whereas research into the second topic, trafficking in precursors (the basic ingredients for the production of synthetic drugs), is largely lacking. The article highlights the major theoretical and empirical similarities and differences between these two criminal activities and discusses the relevance of the main findings for theory and research.     

The organization of work as a factor in social well-being

Even though innovations in the organization of work have prompted a transition in work systems, the effect of the organization on employees is often not considered. Using personal interviews, direct observations, and relevant documents over a 17-month period, this case study of a worker-owned and -managed producer cooperative was undertaken to understand how fundamental changes in the organization of work affect workers and their families. The findings affirm that the organization of work is a pivotal aspect of individuals' quality of life, principally in that expanding personal choice--in a context of income security and an absence of formal hierarchy--enhances personal and familial well-being. From a policy perspective, the study demonstrates the potential for organizing work so that market demands are balanced with concerns for social well-being     

The social organization of masculine violence in nighttime leisure scenes

Recent scholarship on masculinity and crime suggests that men who have difficulty asserting their masculine status due to social marginalization (across age, class, and racial lines) have a higher likelihood of engaging in violent behavior to offset their lack of social power in other areas. While marginalization can abet the development of masculine violence, in this article I suggest more attention to the mitigating effects of structural changes and cultural contexts is necessary for a richer understanding of how masculine violence plays out. Drawing on multi-method ethnographic data from a case of one major US city with a thriving nighttime cultural economy, I aim to show how the structural characteristics of nighttime leisure scenes create situations for the enactment of particular forms of violence that reflect a number of subterranean convergences with the masculinization of the cultural economy.     

Measuring community social organization: Sense of community as a mediator in social disorganization theory

The current study utilized an updated systemic model of social disorganization to investigate neighborhood effects on both positive and negative youth outcomes. Although empirical support for updated social disorganization models has increased in recent years, the field continues to rely too heavily on behavioral indicators of community social organization. Unfortunately, these measures do not assess the truly important social processes and dynamics that result in cohesive and supportive neighborhoods. It was proposed that sense of community (SOC) was a more valid, comprehensive, and applicable measure for the mediating variables in social disorganization theory. Results supported the hypothesis that SOC mediates the effect of neighborhood disadvantage on youth outcomes and implications for the field are discussed.     

Patrol officer arrest rates: A study of the social organization of police work

The study discussed in this paper examined the variation in felony arrest rates among patrol officers performing similar duties in the same patrol area. Data were obtained by records review, self-administered questionnaires, unstructured interviews and participant observation during a two-year field presence in a New York City Police precinct. Analysis of the data led to the conclusion that the patrol officers control their enforcement patterns through a process of role adaptation. This functional division of labor serves the individual needs of the officers as they mediate conflicting demands of police bureaucracy and community.     

黄金降落伞之问题研究

在美国证券市场中,黄金降落伞既是一种确保公司管理层工作安全的手段,也是一种常见的反收购措施。虽然理论上对黄金降落伞存在诸多争议,但在美国法律下,黄金降落伞契约原则上是有效的。根据我国现行法律,对黄金降落伞的采用只要是由法定机构作出决议并符合法定程序,相关决议及黄金降落伞的法律效力就应得到支持。     

Gangs as contractors: the social organization of American Taiwanese youth gangs in Southern California

This paper examines the organizational structure and operations of Taiwanese organized crime and youth gangs in Southern California. In-depth interviews were used as the principle method of research. In contrast to transnational criminal conspiracy claims and the La Cosa Nostra model of vertically integrated organizations, our findings suggest that these criminal groups consist of discrete local Taiwanese youth gangs which operate as largely independent economic units that show no substantive and operational ties to criminal organizations in Taiwan. The formation of Taiwanese criminal organizations and gangs in Southern California is primarily governed by the availability of financial opportunities. Furthermore, both the inter-gang relations and intra-gang structures exhibit a distinct form of contractor arrangement which consists of market-like weak ties that are simultaneously circumscribed by the criminal embeddedness. We argue that that these economic weak ties, which seem to render conventionally understood criminal organizational boundaries administratively less meaningful, still function as an operationally significant governance mechanism of the organizational structures of American Taiwanese youth gangs. In addition, the paper discusses the implications that the embeddedness has on the somewhat paradoxical and incoherent organizational structure.     

Migrant smuggling and the violence question: evolving illicit migration markets for Cuban and Haitian refugees

Comparing Cuban and Haitian migrant smuggling schemes, this article explores the relationship between violence and the social organization of migrant smuggling, including the smuggling of refugees. Levels of violence, political repression, and ethnic persecution in sending states provide an important context for understanding the origins and organization of this illicit market. Examining the violent threats and acts directed at migrants en route, we argue that violence is not a necessary part of the illicit market for unauthorized migration, attenuated by the social networks, cultural norms, and contractual relationships in which it is embedded.

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论社会科学类社团管理体制的完善

完善社会科学类社团的管理体制是深化行政管理体制的需要。本文从分析现行社科类社团管理体制存在的问题入手,在完善社科类社团管理体制的观念、职能、制度、机制、方法、手段和人才队伍等方面提出了相应的对策。