德国能源立法及其对我国的启示

德国一直注重通过法律手段对能源产业、能源供需制度进行调节和监管。目前,德国已形成了以《能源经济法》为基本法,由煤炭立法、石油立法、可再生能源立法、节约能源立法、核能立法、生态税收立法等专门法为中心内容的能源立法体系,对我国的能源立法具有较大的借鉴意义。     

Structural Covariates of Violent Crime Rates in Germany: Exploratory Spatial Analyses of Kreise

This research applies the techniques of exploratory spatial data analysis (ESDA) and spatial regression modeling to explain variation in robbery and assault rates across 413 districts or “Kreise” in Germany. The findings from ESDA reveal a distinct clustering of low rates in southern Germany, especially for robbery. The results of the spatial regression analyses indicate that for the nation at large, Kreise with high robbery and assault rates tend to be those with comparatively high levels of socioeconomic deprivation and a more urbanized environment, findings consistent with those commonly reported with data for areal units in the USA. We also observe net regional effects for the south in the regression models that pose puzzles for further inquiry into the German case, and “null effects” of the eastern region that have implications for more general debates of the potentially criminogenic consequences of the transition to market economies.     

The role margin as the site for moral and social intelligence: The case of Germany and National Socialism

This study traces the origins and development of the crime of genocide using the Holocaust and its absolutist ideology and racist myth systems -s as developed by Nazi geneticists and sociologists – which has lead to euthanasia, killing squads and extermination camps such as Auschwitz-Birkenau, as a frame of reference. This inquiry further investigates how seemingly ``ordinary,' indoctrinated and often intimidated people acted upon biddings of an unscrupulous leader assisted by cohorts who uncritically assumed assigned roles and externalized discretion in a totalitarian system. Individual discretion was externalized and delegated to the leader, Adolf Hitler, or to their immediate superiors. Following the orders of these leaders gradually paved the process of an escalation of violence into genocide. Reasons for this process are not merely politically and/or economically motivated, but are also to be sought in the society's pool and level of moral and social intelligence, as well as in frustrated expectations experienced by large segments of the populous. Individual and group response to powerful situational forces are examined. Human behavior is found to be represented on a broad spectrum ranging from altruism on one hand of the scale to authoritarianism and extreme destructiveness on the other. Special attention is given to moral integrity and accountability, its development and application.     

德国2008年《保险合同法》变革透视

2008年1月1日,德国《保险合同法》完成了其生效近百年后的首次重大修订并开始实施。新法在强化保险人义务、完善投保人权利,衡平保险市场供需双方间利益关系等方面作出了诸多重大变革。变革内容主要包括：保险人建议与说明义务的强化、投保人告知义务范围及其责任机制的完善、被保险人权利类型的扩张、保险合同解除权制度的健全以及保险合同法本身的现代化等。相关变革对于中国保险法的进一步完善具有重要借鉴价义。     

Infant mortality in town and countryside: northern Germany, ca. 1750–1850

The discussion still continues among researchers about the causes for the decline in infant mortality in widespread parts of Europe at the turn of the 19th century. This article is based on sources such as unpublished statistical material from Prussia, parish registers, and lineage and village genealogies. As these sources are broken down by town and countryside and into various phases of infant mortality, they provide evidence for further reflection that may be fruitful. Thus, several causes for the decrease in infant mortality and ways of diffusion can be excluded and the impact of others delimited. The present study concludes that research should pay more attention to changes in infant care than it usually does.     

社会演进与刑法修改——以德国为视角的研究

刑法的制定源于社会的需要,刑法的修改也是社会政治、经济形势发展推动的结果。因此,适时修改刑法,根据客观需要合理界定罪与刑的范围,乃是各国刑事立法的重要内容。本文以德国为视角,在概述德国刑法修改概况的基础上,从刑法修改始终依从社会的客观需要、始终与刑事政策的变化相呼应、始终伴随着刑法理论的发展三个方面对社会演进与刑法修改的关系进行分析,进而提出,我国应当借鉴德国刑法修改中体现时代性、注重实用性、反映国际性和追求超前性的经验,为不断完善我国刑事立法服务。     

德国应急管理培训的特点及对我国的启示

德国应急管理培训体系组织严密、运转协调、独具特色,它对于德国应急管理能力的提高发挥着重要作用。目前,我国正处于社会转型期,各类突发事件频发,提高党政领导干部的应急管理能力极其迫切。因此,借鉴德国应急管理培训的经验与做法．对完善我国的应急管理培训体系具有重要意义。     

Topographies of forensic practice in Imperial Germany

This article examines the topography and “cultural machinery” of forensic jurisdictions in Imperial Germany. It locates the sites at which boundary disputes between psychiatric and legal professionals arose and explores the strategies and practices that governed the division of expert labor between them. It argues that the over-determined paradigms of ‘medicalization’ and ‘biologization’ have lost much of their explanatory force and that historians need to refocus their attention on the institutional and administrative configuration of forensic practices in Germany. After first sketching the statutory context of those practices, the article explores how contentious jurisdictional negotiations pitted various administrative, financial, public security, and scientific interests against one another. The article also assesses the contested status of psychiatric expertise in the courtroom, as well as post-graduate forensic psychiatric training courses and joint professional organizations, which drew the two professional communities closer together and mediated their jurisdictional disputes.     

德国、法国医疗纠纷诉讼外解决机制及启示

德国和法国通过建立和完善医疗纠纷诉讼外解决机制,不但提高了纠纷解决的效率,减少了当事人纠纷解决成本,还有效地维护及修复了医患之间的信赖关系。目前,出于医疗纠纷的特殊性,包括我国在内的很多国家正在探讨如何构建和完善医疗纠纷诉讼外解决制度,德国和法国的经验给我国带来了有益的启示。     

德国法规审查标准之类型化——基于学说与实务视角的法理分析

德国法规审查标准在以比例原则为基准的基础上不断走向类型化,现已形成了三层次的审查标准体系。学说和实务均对审查标准类型化的正当性予以法理阐述,并形成了实体法和功能法为主体的解释模式。通过对这些学说和实务观点的梳理和反思,可以发现德国法规审查标准之类型化既具有某种确定性,同时也具有某种流动性。德国法规审查标准的类型化体系对我国法规审查标准之构建具有重要的借鉴意义。     

德国人工智能创造物的知识产权法保护及其启示

人工智能时代的到来,有关其创造物的知识产权法保护问题给现有的法律理念与规则带来了巨大挑战。因而比较法视阈欧盟背景下的德国经验或许有一定参考意义;即先通过评介欧盟层面与人工智能相关的法政策与伦理准则,再从德国层面整理其创造物知识产权法保护上的实务经验与理论讨论。进而从中获得对我国的启示:一方面,呼吁今后在我国人工智能创造物知识产权法保护的外部,进一步细化相关的法政策,并着手制定相适应的伦理准则;另一方面,在其内部,基于当前现行法修改实际,分别从专利法、著作权法二个主要维度提出具体的完善建议。并强调内外规制体系间的协调配合,以期塑造既具体可行又灵活完整的我国人工智能创造物的知识产权法保护体系。     

Bank regulation and supervision in bank-dominated financial systems: a comparison between Japan and Germany

This paper compares bank regulation and supervision in Japan and Germany. We consider these countries because they both have bank-dominated financial systems and their banking systems are often lumped together as one model, yet, bank stability differs significantly. We show that Japan and Germany have chosen different approaches to bank regulation and supervision and ask why they made their choices. We argue that bank regulation and supervision were less efficient in Japan than in Germany and that these differences were decisive for bank behavior.

An economic model of social sensitivity: The case of individual criminal behavior

In general, economists have modeled criminal behavior as a problem in time allocation under uncertainty. Their Friedman-Savage utility models have been based on the binomial probability distribution and then tested using aggregate data on crime rates and neglect the nonpecuniary aspects of crime. This paper overcomes the shortcomings of previous work. Specifically, criminal activity is modeled with an underlying geometric probability process and explicitly accounts for the moral and social compromise involved in becoming a criminal. The empirical model enables the quantification of the criminal's moral and social sensitivity using data based on a consolidated file of police records and a cohort survey of criminals and noncriminals. On the basis of this unique data set, it is found that the included individual criminals are risk averse and that gang membership reduces social sensitivity.     

The peculiar case of age discrimination: Americanising the European social model?

The Lisbon Strategy commits the EU to making labour market regulation more employment friendly with commentators anticipating some resulting convergence on the US model. Surprisingly, part of this post-Lisbon convergence has taken the form of a major extension of EU Social Policy with the expansion of anti-discrimination policies to address the case of age discrimination. We argue that unlike the US experience, it is the current preoccupation with raising European employment rates that has led to this expansion of ‘hard law’ Social Europe. We are unable to provide an efficiency rationale for this extension and assess alternative explanations. We also provide arguments suggesting that its impact is likely to differ from those experienced in the US.      

“人肉搜索案”的社会诱因和法律困境

随着社会的进步和科技的发展,社会形态也必然发生变化,整个中国社会进入了以网络运用为代表的信息时代,这也导致了网络搜索成为一个需要面对的问题.其中,人肉搜索就是一个不可回避的社会问题.由于社会变迁,共同体规则衍变,旧有规则不能完全调适新问题,一系列现实问题不仅给法律带来了困境,也引发了人们对法律制度的思考.