切实提高党员干部红色教育科学化水平研究

红色江山来之不易,红色政权必须捍卫。由此,经常性地对党员干部开展红色教育,是新时代一以贯之推进党的建设新的伟大工程的题中之义,也是增强党员干部政治素质、党性修养、人民情怀、担当精神、作为意识、廉洁自律观念等的有效途径。针对前期出现的问题和不足,让红色教育返朴归真、实至名归,应坚持目标导向、问题导向,秉持创新思维、底线思维,让"红色"成为党员干部接受红色教育的鲜明底色,不断提高红色教育科学化水平。     

骗取贷款罪的若干问题

骗取贷款罪是在贷款诈骗罪的基础上取消非法占有目的这一主观要件,给予银行等金融机构特别保护而设立的罪名.在司法实践中,该罪名有被扩大解释、降低门槛而被过度适用的问题,一些本不应由刑法调整的贷款纠纷也被认定成立本罪.本文试从骗取贷款罪的犯罪构成要件中的欺骗手段、犯罪对象、造成的后果以及骗取贷款罪是否能通过犯意转化成立贷款诈骗罪等其他犯罪或数罪四个方面,并结合部分案例,对骗取贷款罪进行深入分析和研究.     

Portraying Those We Condemn with Care: Extending the Ethics of Representation

The study of crime’s images is an increasingly important endeavour. In this paper I seek to understand the impact of an image of a criminal child (the outcomes and consequences that have stemmed from its display) by examining its affect (its capacity to engage its viewers). I demonstrate how the image’s meaning emerged from encounters with both the content and the format of the image, as well as from the context in which these encounters occurred. I will demonstrate that the impacts from this image went beyond what was necessary to punish, and propose that an ethics of representation is extended to include images of the condemned. For some population groups, this extension can mitigate the influence of fantasies about criminal ‘others’ that may come into play when pictures of them are viewed.     

高校团学“三下乡”项目实践引领的思政作用

高校暑期“三下乡”作为大学生思想政治教育的重要载体,在累进发展中已然成为独具特色的实践育人平台,是第二课堂建设中贯彻落实全国高校思想政治工作会议精神的重要指向.将暑期“三下乡”嵌入当前社会扶贫体系乃至乡村振兴战略,既能更好地“全程、全方位”培育作为第一个百年目标生力军和第二个百年目标主力军的当代大学生,为全民打赢脱贫攻坚战提供发挥实效作用、富有长效价值、边际作用广延的现实青春力量,也能在不断优化升级的乡实践中实现服务学生成长成才、提升高校育人水平、促进社会发展进步等多层聚合的弥散作用.以全国思想政治工作会议精神为指引,不断深化对高校暑期“三下乡”活动及其嵌入社会扶贫体系乃至乡村振兴战略价值性意蕴的把握,才能更好地为其转化为现实性作用提供基础认知参考.     

Strengthening cross-border law enforcement cooperation in the EU: the Prüm network of data exchange

The Prüm network was established to provide mechanisms and the infrastructure to achieve a closer cooperation between the EU member states in combating terrorism, organised crime and illegal immigration through the cross border exchange of DNA profiles, fingerprints and vehicle registration data. While Prüm offers clear benefits for cross-border policing, it continues to present challenges of a technical and scientific nature as well as legal, ethical and socioeconomic concerns. This article reviews these challenges as well as the existing safeguards. It argues that, in order to achieve Prüm benefits and maximise its potential, it is important to enhance the necessary dialogue and cooperation between member states so as to confront the above concerns and address challenges posed by Prüm through balanced measures.     

Maintaining Perspective on the Economic Issues of Today

As the new administration takes office it is important to maintain some perspective on the economicchallenges facing the nation. The situation is far better today than when President Obama took office in2009 and 2013. Unemployment is close to pre-Great Recession levels, incomes are rising and poverty ratesfalling. We face economic challenges but the most important ones are not international trade or immigration.Sluggish economic growth, a fiscal crisis in our entitlement programs, high inequality in incomes andwealth, and climate change are what should demand our attention.     

Promises Schmomises

In this piece, I argue that promises need not be kept just because they were made. This is not to say, however, that unwise, unhappy, and unfortunate promises do not generate obligations. When broken promises will result either in wrongful gains to promisors or wrongful losses to promisees, obligations of corrective justice will demand that such promises be kept if their breach cannot be fully repaired. Thus, when a broken promise will constitute a deliberate loss transfer for personal gain, the duty not to exact unjust enrichment (a wrongful gain) will require a promisor either to honor her promise or craft a means of ensuring that the promisee’s impoverishment is not traded for her enrichment. And when a broken promise will constitute the culpable imposition of a reliance-based injury on a nonculpable promisee (a wrongful loss), the duty to make others whole when one has purposefully, knowingly, or recklessly injured them will require one either to keep one’s promise or to fashion a remedy for its breach that ensures that the promisee is left no worse off than he would be had the promise not been made. This account explicitly parts ways with normative powers theories of promising. It places no weight at all on the raw fact that a promise has been made. Instead, it locates the gravamen of a promissory violation in the harm that is caused to a promisee who nonculpably relies upon and changes her position in anticipation of the prediction about the promisor’s future conduct that is embedded in his promise. Absent any adverse reliance on the part of a promisee, there is nothing that gives rise to an obligation of performance or repair on the part of the promisor. But this account is also to be distinguished from utilitarian theories that take promises to be instruments of wealth maximization that properly give way whenever the reason for honoring them speaks in favor of violating them. On my account, the balance of reasons for action that determines the morality of performance includes deontological rights and duties, agent-relative permissions, and Hohfeldian liberties. As I shall argue, even if one rightly concludes that one has no duty either to keep a promise or to craft a remedy for its breach, one must nevertheless remember that virtue requires one to be or become the kind of person who often goes beyond the call of duty. But the fact that virtue often requires us to do what we have no duty to do should not cause us to confuse its conditions with the conditions of right and wrong action. We have a duty to keep promises or to otherwise protect the reliance interests that they generate only when failing to do so will lead either to our own unjust enrichment or to others’ unjust injury. And this means that we have a duty to keep promises in far fewer circumstances than is commonly believed.     

In remembrance of Robert D. Tollison

We discuss the mechanisms related to quadratic voting, from Vickrey’s counter-speculation mechanism and his second-price auction, through the family of Groves mechanisms and its most notable member, the Clarke mechanism, to the expected externality mechanism, Goeree and Zhang’s mechanism, the Groves–Ledyard mechanism, and the Hylland–Zeckhauser mechanism. We show that each mechanism that involves collective decisions has a quadratic aspect and that all of the mechanisms that we discuss are applications of the fundamental insight that for a process to be efficient, all parties involved must bear the marginal social costs of their actions.