论证据意义上的事实

研究证据意义上的事实,有助于准确把握事实与事物,案件事实与证据事实的联系与区别,有助于准确理解与把握我国刑事诉讼证据规定首次明文确立的证据裁判原则、意见证据排除规则。事实与事物既有同一性又存在明显差别。事物是事实的载体,事实是事物现象的表述;事物会发生变化,事实却不会变化,事物的变化导致产生新的事实;事物的反面是无,事实的反面是假。案件事实不同于证据事实,案件事实不是适用法律的依据,证据意义上的事实才是适用法律的根据;案件事实的存在形式不受限制,无法被消灭,却有赖于证据证明,证据意义上的事实不仅存在形式和表现方式要受限制,而且还可能被消灭;证据意义上的事实除了具有客观性特征外,还具主观性特征。证人证言中的事实与意见的界定,以及确定证人证言意见性陈述合乎一般生活经验判断的方法,证人根据专业知识就专业问题作出的评论与判断意见性陈述应具有证据事实属性。     

西方世界深陷三重危机

西方的金融危机导致财政状况空前恶化,引发主权债务危机,主权债务危机的扩散造成金融市场和实体经济剧烈震荡,西方世界进入"财政危机—金融动荡—经济停滞"的严重恶性循环中,经济财政危机引起了西方社会对资本主义体制的再思考。     

Macroeconomic performance and poverty in Brazil

Drawing on Brazilian time-series data this study finds an inelastic link between poverty and wages over the macroeconomic cycle that is devoid of the asymmetric effects that characterise the phenomenon's response to changes in the rate of unemployment. Deepening of structural reforms in the second half of the 1990s had no effect on the aforementioned relationships, which also varied little by regional level of development. Finally, the connection between poverty and long-term income changes was more elastic, suggesting an association between the economy's recent disappointing performance in alleviating poverty and its lacklustre growth record over the past two decades.     

The economics of poverty traps and persistent poverty: An asset-based approach

Longitudinal data on household living standards open the way to a deeper analysis of the nature and extent of poverty. While a number of studies have exploited this type of data to distinguish transitory from more chronic forms of income or expenditure poverty, this paper develops an asset-based approach to poverty analysis that makes it possible to distinguish deep-rooted, persistent structural poverty from poverty that passes naturally with time due to systemic growth processes. Drawing on the economic theory of poverty traps and bifurcated accumulation strategies, this paper briefly discusses some feasible estimation strategies for empirically identifying poverty traps and long-term, persistent structural poverty, as well as relevant extensions of the popular Foster-Greer-Thorbecke class of poverty measures. The paper closes with reflections on how asset-based poverty can be used to underwrite the design of persistent poverty reduction strategies.     

Philippine “normalization”: The politics of form

Abstract

Third World nations, on the whole, have amply demonstrated that they cannot produce the ambiance for the democratic institutions they inherited from their former imperial rulers. In such poor nations, class cleavages are widening as a result of structurally conservative development policies adopted by the ruling elite s in collusion with the First World. Elite attempts to limit “politics” to the symbolic level, safely played out in institutions largely insulated from any popular sharing in power, have been frequently repudiated. Popular demands for structural change in these countries have induced national elites to dismantle representative institutions and to turn to more coercive methods of control.     

The African ‘oil rush’ and US national security

The world's major oil-consuming nations, led by the USA, China and the Western European countries, are keenly interested in the development of African oil reserves, making huge bids for whatever exploration blocks become available and investing large sums in drilling platforms, pipelines, loading facilities and other production infrastructure. Indeed, the pursuit of African oil has taken on the character of a gold rush, with major companies from all over the world competing fiercely with one another for access to promising reserves. This ‘oil rush’ has enormous implications both for African oil producers and for the major oil-importing countries. For the producing countries it promises both new-found wealth and a potential for severe internal discord over the allocation of oil revenues (or ‘rents’); for the consuming countries, it entails growing dependence on imports of a vital substance from a region of chronic instability, with obvious national security overtones. Both these trends are reflected in US policy towards African oil. Desperate to procure additional supplies of foreign oil (to make up for the decline in domestic output), the Bush administration has made strenuous efforts to increase the role of US energy firms in African production. But because instability in Africa is an obstacle to such investment, it has sought to boost the internal security capacity of friendly African states and has laid the groundwork for direct US military involvement in Africa. At the same time Washington has become deeply concerned by China's growing interest in African oil, provoking an intense competitive contest between the two, with growing military overtones. In the end African societies will most probably suffer from this competition as an influx of arms bolsters the capacity of entrenched African regimes.     

Executing priority national development in indonesia: Program innovation of the junior minister

In the process of Indonesia's administrative reform and conduct of its planned development efforts, several innovative measures evolved in its executive structure. One of these was the use of temporary organizational entities to expedite the achievement of development goals where sectors/programs of the national development plan encompass two or more executive agencies and/or levels of governments. In organizational design, the executive problem is the reconciliation between responsibility and authority with the purpose of achieving maximum technical efficiency in the execution of priority development programs. As an organizational device to deal with this problem, the offices of six junior ministers were established. By employing the technique of executive authority in rank, these ministers, heading temporary agencies organized in terms of program responsibility as specified in the development plan and as approved by the cabinet, have become the organizational means by which to integrate all of the disparate project activities vested in the executive line agencies in productive organizational cores. Should this organizational innovation prove successful, it will be one of the more important organizational contributions in recent years to the execution of centrally planned development programs in a developing society.