检察理论研究之反思

检察理论研究在取得一定成果的同时,也存在着不少问题,如较强的部门化倾向、意识形态化话语较多、研究范式以证成性为主等。表面繁荣的背后暴露出学术评价量化机制的某些弊端。应以开放的姿态建构独立自主的检察理论研究体系,把握好历史与逻辑的辩证统一。     

浅析家庭养老在当前我国农村的新发展

我国农村传统的、占主流的家庭养老在目前的社会经济变革时期面临着前所未有的挑战 ,有些学者因此提出农村家庭养老必将为社会养老所代替 ,社会养老是农村社会保障的最终发展方向。与其观点相反 ,文章从我国的国情出发分析了家庭养老存在的基础 ,指出了家庭养老在我国农村的可持续发展性 ,并提出了在当前形势下如何赋予家庭养老以新的内容。     

Compulsory treatment with clozapine: a retrospective long-term cohort study

BACKGROUND: Clozapine is the gold standard in treatment of treatment-resistant psychotic patients. We know little about the effects of compulsory treatment in patients unwilling to accept the necessary treatment. AIMS: To assess the effectiveness, tolerability and safety of compulsory treatment with clozapine (CTC). METHOD: A cohort of 17 consecutive patients given compulsory treatment with clozapine were rated retrospectively by their treating psychiatrists on the basis of their case notes. RESULTS: CGI-S decreased significantly over time until last observation after a mean of more than 15 months. No patient deteriorated as measured by CGI-I. At last observation as many as ten of the 11 patients still on clozapine were classified as much to very much improved. The degree of custodial restriction at last observation showed improvement in 11 patients and no change in six. No serious adverse events were observed. CONCLUSION: A trial of compulsory treatment with clozapine showed this treatment to be feasible, effective, safe and well tolerated.     

Measuring Reed’s Reach: Content Discrimination in the U.S. Circuit Courts of Appeals After Reed v. Town of Gilbert

Commentators and justices on the Supreme Court of the United States speculated when the Court delivered its opinion in Reed v. Town of Gilbert in 2015 that the case would dramatically reshape First Amendment law. This article analyzes Reed’s impact to date in the United States Circuit Courts of Appeals. The article demonstrates that, although Reed has been consequential in some circuits, it has not been the basis of any First Amendment revolution. Indeed, the research supports the conclusion that many circuit courts seem to be actively working to narrow Reed’s reach. Moreover, the article concludes that Reed did little to clarify — and in some ways made worse — what has been a problematic doctrine for decades.     

Enter the quagmire – the complicated relationship between data protection law and consumer protection law

This article examines the complex relationship between consumer protection law and data protection law, particularly within the EU's online environment, and highlights the problems that stem from this complexity. It suggests that, while there are significant similarities between their respective sources, tools and purposes, there are also arguable differences between consumer protection law and data protection law. One such arguable difference is found in that, while consumer protection law can be seen to merely set a floor in its pursuit of a sufficiently high level of consumer protection, data protection law – due to its clearly articulated dual purposes of (a) protecting individuals with regard to the processing of personal data and (b) providing for the free movement of such data – sets both a floor and a ceiling.Having discussed the relationship between consumer protection law and data protection law in more detail, the argument is made that it seems possible to conclude that the balance struck in the Data Protection Directive, and soon in the General Data Protection Regulation, places limitations on consumer protection law. The implications of this conclusion are then examined briefly in the context of some matters currently coming before the CJEU and the contours of a framework are presented, addressing situations where a data protection-based liability claim is pursued against a third-party non-controller under consumer protection law.     

"现代化进程中的中国与后现代的欧洲"中欧关系国际研讨会综述

2008年12月2日,由中国外交学院欧洲研究中心与法国战略学会(Soci啨t啨de Strat啨gie de France)联合举办的“现代化进程中的中国与后现代的欧洲”中欧关系国际研讨会在外交学院国际交流中心举行。外交学院院长赵进军、法国战略学会会长马翼科将军(Eric de La Maison-neuve)、法     

Structured uncertainty: a pilot study on innovation in China’s mobile phone handset industry

This paper explains why many small and medium-sized (SME) private high-technology Chinese manufacturing firms survive and thrive within an institutional and political system arrayed against them. We use the mobile phone handset industry as an illustrative case of the vitality and capabilities of Chinese SMEs. We argue that in capitalizing on the advantages offered by the global fragmentation of production, while also being constrained by an institutional climate of structured uncertainty, Chinese non-state firms have chosen a pattern of incremental innovation in their search for competitive advantage. Despite falling outside central government innovation plans and engaging in practices inimical to nurturing novel product innovation capabilities, these firms have a sustainable business model based on niche tailoring, rapid product introduction and utilization of standardized components.     

Nazi race ideologues

ABSTRACT

Stone argues that we need to disaggregate Nazi race ideologues since they do not form one undifferentiated mass. Ultimately, all the Nazis were race ideologues and chief among them were Hitler, Himmler and the other leading figures. All of the leading Nazis, whether they dealt specifically with ‘racial policy’ or not, put forward a racialized ideology, but those who made a name for themselves specifically as race theorists did not therefore all share the same views, nor did they all contribute in equal measure to the regime's crimes. Nor did race science, however deeply it threw its lot in with Nazism, drive the regime as much as did a kind of racial mysticism, or ‘thinking with the blood’. Here Stone suggests how we might evaluate the relative contributions made to the development of the Third Reich and its crimes by race scientists of different stripes, on the one hand, and theorists of racial-political conspiracies on the other.     

建立我国军事行政诉讼制度的法哲学思考

建立我国军事行政诉讼制度 ,既有必要 ,又有可能。从理论上看 ,这是由军事司法制度的二元本位价值决定的 ,也是在军事领域内贯彻宪政精神之需要 ;从实践上看 ,这是体现司法效益原则 ,对遭受侵害的军事行政权利进行有效救济的必由途径。     

20世纪80年代中苏经济体制改革差异之比较

20世纪80年代 ,中苏两国都进行了举世瞩目的经济体制改革 ,然而改革的结果却迥然不同。这与两国在经济体制改革的政治基础、策略方针、社会环境等方面存在的重大差异息息相关。文章对此作了一些分析和比较。