内蒙古科尔沁非物质文化遗产法律保护的模式研究

内蒙古东部地区科尔沁非物质文化遗产保护的核心问题在于确立科学的保护模式和落实有力的保护措施,通过确认、立档、研究、保存、传承等措施,尊重历史的原汁原味生态环境及技能的价值;通过宣传、弘扬、传承和振兴等举措,重塑当代人的行为,建构保护科尔沁非物质文化遗产的科学模式。我们应以立法保护、行政保护和社会保护的系统工程,确立完整、规范的法律保护体系,特别是注意运用少数民族文化发展权,强化非物质文化遗产的地方性法规建设,在建设和振兴中国东北的过程中为科尔沁非物质文化遗产保护工作做出当代人的努力。     

Death, dying, and euthanasia: Australia versus the Northern Territory

The purpose of this article is to explain what has happened in the euthanasia debate in the Australian States and Territories, and to give a more detailed account of how the Northern Territory's euthanasia laws were overturned by the Federal Government. Dr. Fleming begins with a review of euthanasia legislation in each State and Territory, then proceeds with an analysis of the events in the Northern Territory leading to reversal of its euthanasia laws, and includes the effect of the euthanasia law on the Aboriginal people. He concludes that the repeal of the 1995 Northern Territory's Rights of the Terminally Ill Act was a significant setback for the pro-euthanasia movement not only in Australia, but worldwide.     

蒙古国“多支点”外交战略与大国关系

前苏联解体和冷战结束后 ,地处中俄之间的蒙古国放弃了长期奉行的“一边倒”外交政策 ,制定了均衡发展与中俄两大邻国关系。同时 ,发展与美日等西方大国关系以及立足亚太地区的“多支点”外交战略。目前 ,蒙古国与南北两个邻国建立了蒙中睦邻互信伙伴关系和蒙俄睦邻传统伙伴关系 ,与美国发展战略伙伴关系 ,与日本确立了综合性伙伴关系。蒙古积极发展与大国的均衡关系 ,其意义在于 ,保障国家的独立、安全和未来发展 ,扩大自身活动空间 ,提高其国际地位 ,而且利用与大国的均势平衡使其相互牵制 ,以便从中获取更多利益。     

论当今中国民事立法对罗马法的借鉴

罗马法之博大精深是迄今任何一个法系都难以企及的。我国民事立法应该借鉴罗马法的精华。在民法法典化、物权法、债法、继承法等方面罗马法都有值得我们借鉴和学习的地方。     

Procedural Change in the UK House of Commons, 1811–2015

Recent research has shown an increasing interest in the historical evolution of legislative institutions. The development of the UK Parliament has received particularly extensive attention. In this article, we contribute to this literature in three important ways. First, we introduce a complete, machine-readable data set of all the Standing Orders of the UK House of Commons between 1811 and 2015. Second, we demonstrate how this data set can be used to construct innovative measures of procedural change. Third, we illustrate a potential empirical application of the data set, offering an exploratory test of several expectations drawn from recent theories of formal rule change in parliamentary democracies. We conclude that the new data set has the potential to substantially advance our understanding of legislative reforms in the United Kingdom and beyond.     

Between Tradition and Modernity: The Re-trial System of the Beiyang Period in the Early Republic of China (1912-1928)

During the Beiyang period of the early Republic of China, the re-trial system覆判 referred to the practice where cases considered by the county magistrate had to be sent to the provincial high court for re-trial to ensure that the case facts were true, the law was correctly applied, and the penalties were appropriate. The scope of the re-trial cases continuously expanded from 1912 to 1922 and, finally, the Amendment to the Statutes on the Re-trial System in 1922 stipulated that all cases under the jurisdiction of the district courts where county magistrates tried, whether through appeal or re-trial, had to be re-tried by the high court or its branches. The adjustment of the scope of the re-trial cases was closely related to the extent to which the county magistrates’ judicial discretion was restricted. During the Beiyang period, due to the failure to establish formal courts of the first instance in counties throughout the country, the county magistrates concurrently handled judicial affairs, which inevitably caused the magistrates’ judicial discretion. The re-trial system was originally designed to compensate for the drawbacks of county magistrates managing judicial affairs and to facilitate the transition within the judicial system. However, the interpretation of the role of the re-trial system should not be limited to reconciliation and adaptation of the old and new judicial systems in the Beiyang period but also to compensate for the deficiencies of county magistrates’ judgments by continuously improving the re-trial procedure and to ensure the fairness of justice through restrictions on the judicial discretion of county magistrates, the enjoyment of equality of procedures, and the establishment of supervision procedures.     

Relationships Between Level and Change in Family,School, and Peer Factors During Two Periods of Adolescence and Problem Behavior at Age 19

While prior research has examined family, school, and peer factors as potential predictors of problem behavior, less attention has been given to studying when these factors are most predictive of problems and if and when changes in these factors signal risk. Using annual data on a community sample of 1,040 individuals (47% female; 81% White), this study models growth in risk and protective factors during two developmental periods (Grades 5–8 and Grades 9–12) in order to predict substance misuse and crime at age 19. For protective factors of positive relationships with family and positive bonds to school, both the levels of these factors at Grade 5 and change between Grade 5 and Grade 8 predicted substance misuse and crime in early adulthood. Higher likelihoods of both forms of problem behavior also were predicted by increases in the risk factor of exposure to negative peers between 5th and 8th grade. In the late adolescent period, levels at 9th grade of all risk and protective factors examined predicted both substance misuse and crime. Also, increases in exposure to negative peers in late adolescence predicted greater likelihoods of both forms of problem behavior, while greater risk of substance misuse was predicted by decreases in school bonding and academic achievement, and greater risk of crime was predicted by worsening relationships with family. The results add to prior research by indicating that in addition to the level, change in risk and protective factors during these two stages of development can be signals of risk and are promising targets for intervention.     

教育社会学视域中的义务教育阶段择校现象简析

从教育社会学的角度分析择校现象的成因,可以得出:教育的选择功能刺激了人们对高学历教育和择优教育的追求;阶层优势与社会选择理论在择校现象中有明显体现;在现代社会,教育对社会分层的影响和作用更多地具有了内在的特征,学业成就的分化和分层,成为人们获得不同社会地位的重要因素;学校组织之间的分层现状,使受教育者为了获得更佳的成才机会,而去选择更优质的学校教育.