从南京大屠杀的发生看日军的战略时机选择——以日方思虑为中心的考察

西安事变和平解决后,日本感于以抗日为主要诉求的中国国家整合取得了成效,有可能导致其侵略利益丧失,因而发动全面侵华战争.在日本看来,南京是当时中国抗日的中心,不占领南京,"推翻"国民政府,就不能"膺惩"中国,于是扩大战争到南京.最终,日军把暴行作为战略手段,企图以此来压服中国,南京大屠杀由此发生.     

Bill Passage Speed in the US House: A Test of a Vote Buying Model of the Legislative Process

This article constitutes a test of central tenets of vote buying theories using data on the number of days it takes to pass important bills in the US House. Survival analyses of a model of bill passage length provide confirmatory evidence of vote buying by presidents and the congressional leadership. Bills that attract buyers of votes to maintain the status quo are shown to pass more quickly than those that do not. Bills on the president's agenda and those that are relatively close to members' ideal points also pass quickly. The analyses furnish some interesting insights into possible efforts to make the legislative process quicker.     

The Private Interests of Public Officials: Financial Regulation in the US Congress

Legislators' private financial holdings affect policy decisions. Due to financial self‐interest, we theorize that legislators whose personal investment portfolios include equities from firms affected by proposed policies vote for legislation that benefits those firms. We also theorize that legislators with greater personal exposure to equity investments support policies that benefit equities markets generally. We create a novel data set of legislators' personal stock investments and examine major congressional actions since the 1990s on financial deregulation and market intervention. US House members who own stocks in firms who benefit from financial deregulation vote for deregulation. House members with greater exposure to financial and automotive stocks support the financial and auto bailouts, respectively. General exposure to equities markets is also associated with support for key legislation boosting markets. The normative implications are significant, as legislators' private interests influence decisions in the public sphere.     

The Public Participation Act: A Comprehensive Model Approach to End Strategic Lawsuits Against Public Participation in the USA

Commentators have documented the disturbing use of the courtroom to silence those who speak out on important issues. Too often, parties resort to meritless lawsuits in response to another's free expression or communication with the government. These lawsuits are called SLAPPs, or Strategic Lawsuits Against Public Participation. In the USA, they have emerged as a significant threat to the rights of expression and petition guaranteed in the First Amendment to the US Constitution. A majority of the US States have passed 'anti-SLAPP laws', but there is no uniform protection. The model legislation outlined in this paper is intended to guide those who seek uniform, comprehensive protection against SLAPPs.     

中国问题银行公共资金救助体系的法律构建——以金融危机中美国的救助行为为鉴

金融危机的爆发引发了美国对问题银行的新一轮大规模公共资金救助。此轮救助不仅是对传统救助方式的再次使用,更是基于对金融危机爆发机理和监管缺陷的反思,通过金融监管改革法案,实现对传统救助方式的创新发展。中国应以美国为鉴,结合本国国情,通过立法逐步建立以存款保险公司、中国人民银行和财政部为救助主体,银监会、存款保险公司、中国人民银行、财政部四家机构之间分工明确又相互协调的问题银行公共资金救助体系。     

The Institutional Hearing Program: A Study of Prison-Based Immigration Courts in the United States

This article presents the findings of the first research study of the Institutional Hearing Program (IHP), a prison-based immigration court system run by the U.S. Department of Justice. Although the IHP has existed for four decades, little is publicly known about the program's origin, development, or significance. Based on original analysis of archival records, this study makes three central contributions. First, it traces the origin and growth of the IHP within federal, state, and municipal correctional facilities. Notably, although the IHP began in 1980 as a program to deport Cuban asylum seekers held in civil detention in an Atlanta prison, it now operates to deport noncitizens serving prison sentences in twenty-three federal prisons, nineteen state prison systems, and a few municipal jails. Second, this article uncovers the crucial role that prison-based immigration courts have played in shaping the design of carceral institutions around the priorities of an immigration system that primarily targets Latinos for deportation. Third, this article shows how immigration courts embedded in carceral spaces have served as influential, yet overlooked, incubators of changes to immigration law and practice that today apply to all immigration courts, not just the IHP. These findings have important implications for contemporary understandings of the relationship between immigration detention, racialized control of migration, and penal punishment.     

论绝对法律行为——透视法律行为理论中的盲点

民事权利有绝对权与相对权之分,民事法律关系有绝对法律关系和相对法律关系之别。法学界普遍承认绝对权和绝对法律关系存在的客观性,但目前还没有见到任何关于绝对法律行为和相对法律行为的论述。事实上,绝对法律行为不仅是客观存在的,而且具有可操作性,它对法律行为理论、民法制度设计和法学思考方法均有重大影响,法学研究中不应该忽视这个盲点。     

Prototypicality analysis of the Comprehensive Assessment of Psychopathic Personality (CAPP): A cross-cultural perspective

The Comprehensive Assessment of Psychopathic Personality (CAPP) model is a new lexically based concept of psychopathy that has potential clinical utility. The main purpose of this research is to investigate the generalizability of the CAPP conceptual model in South Korea. In the current study, 88 experts and 1727 laypeople in South Korea were asked to evaluate the prototypicality of the symptoms of psychopathy (CAPP items) by using a Korean translation of the CAPP model (K-CAPP). In addition, 11 international prototypicality studies were systematically compared to the ratings by experts in the present study. As a result, it indicated that Korean experts and laypeople, on average, rated K-CAPP symptoms as moderately to highly prototypical of psychopathy, and more prototypical of psychopathy than symptoms theoretically unrelated to psychopathy (foils). Also, prototypicality ratings of K-CAPP symptoms made by those two groups were similar to each other as well as to ratings by experts and laypeople using the CAPP in other 11 countries. In conclusion, these results clearly show that both experts and laypeople in the current study conceptualized PPD in almost the same way as experts and laypeople from previous studies using the CAPP model.     

风险社会中的司法权能——司法改革的现代化向度

司法改革的重要前提之一是正确定位司法权能,司法权能的定位应紧密联系一定社会的现代化发展背景进行。西方发达国家的现代化发展已进入风险社会阶段,风险社会的反思现代化性质促成着程序法范式的形成,并内在地要求对司法权能进行新的定位。这种风险社会中的司法权能定位对中国司法改革具有重要的启示意义。为了推进中国司法改革,应针对中国社会发展状况对司法权能进行合理定位。     

Institutional Reform and Social Changes in Northeast China During the Late Qing: A Case Study of Appeal Trials

Institutional reform and social changes in northeast China during the late Qing period are usually attributed to the Qing dynasty changing its policy on immigration to northeast China. However, institutional reform because of debt appeals between civilian creditors and the Mongolian princes is often overlooked. Using administrative cases from Fengtian Governor Archives and Kirin Prefecture Archives, this study identifies how the governor officers of northeast China changed Mongolian land rights and official finance institutions through appeal judgments in the late Qing dynasty. Appeals were related to Mongolian land rights reform and promoted the financial institutional reform in northeast China. This study concludes by arguing that the judgments affected the profits of the litigants and changed the local society.     

Trans-Regional Courts in China: A Study of Establishment Models and Jurisdictional Rules

The trans-administrative regional (trans-regional) court was created as part of China’s judicial reforms in 2014. Thus far, only two trans-regional courts have been established, namely the Shanghai No. 3 and Beijing No. 4 Intermediate People’s Courts. An important reason for this slow pace is that the trans-regional court has transcended the current structural framework under the Organic Law of the People’s Courts in that (1) it is neither a specialized court that hears certain types of cases, (2) nor a local court established completely in keeping with administrative divisions. Therefore, the legal nature and status can only be clarified and justified when there is a clear definition of this new court system in the Organic Law of the People’s Courts. Several models, namely the independent set-up model, full reshuffling model and limited transformation model, have been proposed for the establishment of trans-regional courts. The most practical and efficient among these models is the limited transformation model, aiming to reconstruct the existing railway transportation courts. The trans-regional courts may have exclusive, alienage, or supplemental jurisdiction. Each form addresses particular types of special and major trans-regional cases, and other cases based on the theory of consolidation.     

改造与成长:"十七年"知识分子题材小说的书写规约

在工农兵形象成为文坛主角的十七年文学语境中,知识分子题材小说为了获得合法的生存空间,建立了自己的书写规约———改造与成长的模式。书写规约建立的过程,也是知识分子题材小说获得资格认证、从而被准入的过程。但是,这一书写规约并没有使该题材小说免于被批判,因为,规约的表象之下蕴含着诸多难以解决的内在矛盾。     

家事审判改革视野下祖国大陆家事审判程序立法完善研究——兼以我国台湾“家事事件法”为学术视点

在祖国大陆,家事审判改革正在各试点法院积极开展。在此背景下,我们从学术的角度,对我国台湾家事事件法的立法目的及基本原则、家事事件的范围及分类、家事事件的调解程序、家事事件的诉讼模式、家事事件中保障弱者权益的制度等进行学术分析,进而考察祖国大陆家事审判程序法的立法与实践,结合祖国大陆实际,提出完善祖国大陆家事审判程序的立法构想,以期为我国当前的家事审判改革提供参考。     

美国宪法解释中的原旨主义——一种学术史的考察

对于原旨主义的争论如同美国当前的宪政联邦一样古老,从这个意义上而言,美国的宪政历史就是伴随着关于宪法解释正确方式的争论逐渐成长起来的。原旨主义是其中重要的一种宪法解释理论,主张解释宪法时要依据制宪者的原初意图或者宪法文本的原初含义;原旨主义处于一个不断变化的过程,这种变化使得原旨主义在不同的时代表现出不同的特征。新旧原旨主义的不同主要体现在三个方面:新旧原旨主义的理论特征;新旧原旨主义与司法自制和民主的关系;从意图原旨主义到文本原旨主义的转变。无论旧原旨主义还是新原旨主义都必须解决如何确定宪法原旨的问题,意图原旨主义和文本原旨主义都面临着同样的困难。新原旨主义忽略或者并没有解决宪法先定约束和后代民主之间的冲突。     

The sent-down youth of China: The role of family origin in the risk of departure to and return from the countryside

Between 1967 and 1978, over 17million urban youths in China systematically migrated to the rural countryside in a massive relocation movement known as the Sent-Down Movement. The youths who relocated—some by choice, though many forcibly—were part of a grand scheme envisioned by the then ruling Communist Party leader, Mao Zedong, who sought to reeducate urban youth by having them live and labor amongst their rural compatriots. Known as the “sent down youth”, these youths' experiences and struggles of moving to and returning from the countryside offer considerable insight into the ideological importance of family origins. Most notably, the revolutionary movement which swept over China at the height of the sent-down movement in the late 1960s reversed the hierarchical order of society; individuals with higher family origins were now criminalized making them prime targets for relocation to the countryside. In this quantitative analysis, I examine the relationship between family origins and the risk of departure to and return from the countryside for urban youth, using a unique longitudinal retrospective dataset, Life Histories and Social Change in Contemporary China. I analyze how this relationship plays out not only during the height of the movement, but throughout a more expansive time frame under which youths were reportedly sent-down (1957 to 1980). Through discrete-time survival analysis, I estimate that urban youths from higher family origins (rich peasant and landowner classes) experienced a greater risk for being sent-down versus their counterparts from lower family origins. Most interestingly, youths of higher family origins also experienced a lower risk for returning from the countryside; one interpretation of this finding is that even after spending time in the countryside in the pursuit of absolving themselves of their higher family origins, the stigma attached to their higher family origins persisted.     

An Analysis of Advertisements: A Lens for Viewing the Social Exclusion of Women in Police Imagery

This study examines whether there are differential relationships among trauma exposure, familial risk and protective factors, substance abuse, and posttraumatic stress disorder (PTSD) among incarcerated and non-incarcerated women. A case-control method was used to match 100 incarcerated women with 100 women in the general population. Incarcerated women had a significantly higher risk of trauma exposure as compared with controls, with odds ranging from 1.7 to 3.7. When group was controlled, exposure to sexual or physical trauma significantly increased the odds of PTSD (odds ratio = 5.0; p < .05), as did substance use in response to traumatic distress (odds ratio = 8.9; p < .001). Family-related characteristics did not appear to moderate this relationship. The findings suggest that incarcerated women are at high risk for PTSD given their high rates of trauma exposure and apparent lack of appropriate coping mechanisms; the results support the use of trauma-specific interventions for this population.     

粮食主产区粮食补贴改革研究——以江苏省的调查为例

对江苏省118个农户的问卷调查显示,粮食补贴改革达到了增加粮食生产和提高农民收入的政策目标.2004年水稻生产的恢复性增长是粮价上涨、农业税费减免和直接补贴共同作用的结果.如果按照农田计税面积补贴,随着农业产业结构的调整,农民很可能会减少粮食生产.如果按照粮食交售量补贴,可以起到增加种粮农民收入和稳定粮食生产的作用,但不利于国有粮食购销企业的改革和多元化粮食流通渠道的形成.因此,粮食主产区应该按照粮食实际种植面积进行补贴,合理确定补贴标准.粮食直接补贴要和新型保护价配合使用,建立起农民收入和粮食安全保障机制.     

外商直接投资与产业劳动力转移效应研究——基于1981——2006年的实证分析

基于协整理论,以中国1981-2006年的时间序列数据为依托,从产业角度对FDI与我国劳动力就业之间的长期均衡与短期动态关系进行实证分析.结果表明:FDI与我国劳动力就业之间存在长期稳定的均衡关系,FDI对第一、第二产业劳动力就业产生负向效应;对第三产业劳动力就业产生正向效应.短期内,FDI与第一、第三产业劳动力之间具有单向因果关系,与第二产业劳动力之间则不具有任何单向因果关系.冲击反应分析进一步表明,FDI对第三产业劳动力吸收效应最大,第二产业最小,对国内劳动力就业的综合效应并不显著.     

美国贸易救济案例中的裁决准则与新近变化:基于美对华太阳能“双反”案的考察

美国对华光伏太阳能双反案持续一年多,美国国际贸易委员会实质性损害的肯定裁决,意味着该案暂告一段落。但是本案中美国政府(商务部)的裁决准则和贸易政策的新近变化,却值得后续关注。尤其是案件中涉及调查范围、替代国选择、单独税率、双重救济等法律问题,颇具代表性,并且对今后的双反案件具有很强的指示效应。问题的关键还在于对于上述法律问题的理解,中美双方仍然存在分歧,贸易纠纷并未停息。