高等学校行政主体地位初探

长期以来 ,高等学校的法律地位模糊不清 ,学校仅具有民事主体资格。重新界定高等学校在新体制下的行政法律地位 ,即“公务法人”地位 ,运用法人制度来处理高等学校与政府、教师、学生和社会的关系 ,是实现“以法治教”的重要途径     

The effects of judicial admonitions on hearsay evidence

Using a simulated civil case, this experiment investigated whether mock jurors: (a) are able to disregard hearsay evidence when admonished to do so, (b) experience psychological reactance and "backfire effects" in proportion to the strength of judicial admonition instructing them to disregard hearsay evidence, and (c) are able to recognize and disregard hearsay evidence without judicial instructions. Results indicate that jurors were unable to disregard inadmissible hearsay testimony in some legal decisions regardless of whether there were judicial instructions to do so. Jurors exhibited backfire effects paying more attention to inadmissible hearsay evidence when they were strongly instructed to disregard it. More specifically, juror backfire effects were evident in both their confidence in their liability verdicts and in their punitive damage awards. The legal and policy implications of these findings are discussed.     

浅析李白《蜀道难》一诗的主题

本文通过对李白《蜀道难》一诗的赏析,指出由来已久的关于该诗的主题的几种说法并无确切根椐,争论更无必要,我们只需在艺术上欣赏到它的美就够了。     

The feasibility of external blind DNA proficiency testing. II. Experience with actual blind tests

The background and goals of a national study to determine the feasibility of blind proficiency testing in U.S. forensic DNA laboratories are discussed. Part of the project involved designing and executing a series of fifteen blind proficiency tests. Execution included biological specimen donor recruitment and case evidence manufacturing. Simulated cases were submitted to DNA laboratories by law enforcement agencies and in some cases by other forensic-science laboratories. Replicate-manufactured evidence was submitted to reference laboratories to simulate the workings of a larger-scale program. Ten tests were straightforward, and essentially tested analytical ability. Five tests involved selecting on the basis of case facts appropriate bloodstains for typing from a bloodstain pattern. We describe in detail our experience in designing and conducting these blind proficiency test trials, and relate those experiences to the overall issue of blind proficiency testing as a quality-assurance tool in forensic DNA laboratories. In this feasibility test series, one blind test was detected by a laboratory, a second one was shown to the lab by law enforcement, and a third was never completed because of lapses in communication. Turnaround times were relatively fast in the independent/commercial labs and relatively slow in the larger public laboratories. Two cross-state case-to-case CODIS "hits" were "planted" among the first series of ten blind tests. One pair was detected. One member of the second pair went to a lab that was not CODIS-ready.     

Population genetics of nine STR loci: TH01, TPOX, CSF1PO, vWA, FESFPS, F13A01, D13S317, D7S820 and D16S539 in a Korean population

Allele frequencies for nine STR loci namely, TH01, TPOX, CSF1PO, vWA, FESFPS, F13A01, D13S317, D7S820 and D16S539 were obtained from a sample of 437 unrelated individuals living in Chungcheong-do, South Korea.     

When Morality and Economics Collide (or Not) in a Texas Community

In 1993, citizens in conservative Williamson County, Texas, debated whether to grant tax breaks to attract Apple Computer Company, even though Apple maintained an unpopular policy of extending health care benefits to the unmarried domestic partners of employees. We visited Williamson County to speak with local citizens and the main participants about how they resolved their dilemma. The analysis in this paper rests on these interviews, county survey data, and correspondence sent to politicians during the controversy. We analyze why some people are more prepared than others to sacrifice material gain in order to preserve their social and moral values. And we explore whether actions aimed at preserving a community consensus around particular moral beliefs and lifestyles can be construed as rational and, if so, in what sense. We conclude from the Apple case that the development and maintenance of a value system is imbued with interests. Cultural values coordinate political coalitions and social activities, counsel people on how to live, and constitute a simple folk theory that lends conherence to their lives. People do the best they can within the biases and constraints of their value system.     

Dual Decentralization and Fragmented Authoritarianism in Governance: Crowding Out among Social Programmes in China

In this paper, we use city‐level datasets of social assistance programmes over 280 cities between year 2003 and 2011 to verify the existence of the crowding out between social assistance programmes and unemployment insurance in China. In other words, the expansion of social assistance programmes is associated with a reduction in the enrolment of unemployment insurance. With verifying the existence of the crowding out, this article argues that the crowding out is a result of an ineffective coordination across government departments. In the process of ‘dual decentralization,’ in which the central government has delegated welfare provision responsibility to local governments, the misalignment of incentive and institutions between central and local governments explains the ineffective coordination. Different from many studies in the literature, this paper presents an adverse consequence of China's bureaucratic incentive system in social policy implementation. Also, while the conceptual framework ‘fragmented authoritarianism’ has highlighted the policy ineffectiveness in the economic policy area, this paper contributes to this literature by illustrating the policy ineffectiveness in the social policy areas. Copyright © 2016 John Wiley & Sons, Ltd.     

行政诉讼类型化之标准

行政诉讼类型化是行政诉讼制度发展趋势之一,学者们探讨我国行政诉讼类型化体系提出了自己的划分构想,但由于划分标准的不同,而显得行政诉讼类型各有侧重,纷繁复杂。因此,只有厘清行政诉讼类型化的标准问题,通过探讨标准的重要性、标准选择的考量因素以及世界各国对行政诉讼类型化标准的选择,才能得出我们划分行政诉讼类型化的标准。