无因管理的法律适用规则探究

与侵权、合同相比,无因管理的法律冲突问题远为严重,因此,设计一组切实可行的冲突规则以调整无因管理之债,极具必要性.本文先以比较法为视角,分析了两大法系主要国家的无因管理制度,再对各国无因管理的法律适用模式进行了总结与评述.以此为基础,提出了一组以事务管理地法为原则,并充分反映最密切联系原则的法律适用规则.     

Debating globalization: cosmopolitanism and communitarianism as political ideologies

Economic, cultural and political systems formerly bounded by the borders of nation states are increasingly globalized. Politicians, civil society and other societal actors engage in publically debating issues related to globalization. Whether conflicts consolidate to form a stable cleavage depends among other factors on the extent to which they become ideologically underpinned. As the basis for such an underpinning, we identify philosophical debates about justice between globalists and statists and between universalists and contextualists as raw material that political entrepreneurs active in the public sphere can draw upon. On this basis, we identify four major bones of contention that could provide the core of such ideological underpinning: the permeability of borders; the allocation of authority between levels; the normative dignity of communities; and the patterns of justification. One ideal typical combination of those four components can be labelled cosmopolitanism—combining arguments from globalists and universalists; another communitarianism, combining statist and contextualist arguments. The more these two ideal types feature as political ideologies in public debate, the more do debates about globalization solidify into a new cleavage. We develop a conceptual framework which can subsequently be used in support of empirical research analysing the ideological foundations of globalization conflicts.     

The showup identification procedure: An exploration of systematic biases

Purpose. Showups are common, yet little research has investigated the biasing factors that may influence showup identifications. We investigated the effects of cross‐race conditions and clothing bias on showup identification decisions. Additionally, we explored identification decisions made in a subsequent lineup dependent on race, clothing, and showup‐target‐presence. Methods. Participants watched a mock crime and were presented with a showup in which suspect race, target‐presence, and the clothing worn by the suspect were varied. Following a delay, participants viewed a target‐present or ‐absent lineup and were asked to make a second identification decision. Results. Presentation of the suspect in the clothing worn by the perpetrator increased choosing rates in both own‐race and other‐race conditions. Despite this, differential patterns of decision response latencies indicated that eyewitnesses may use clothing information differently when making own‐race compared to other‐race identification decisions. No evidence for an own‐race bias in showup identifications was found; however, other‐race lineup identifications were less accurate than own‐race lineup identifications. Further, participants in own‐race and other‐race conditions differed in the extent to which they were affected by multiple identification procedures. Viewing an own‐race innocent suspect in a showup increased subsequent false lineup identifications, while choosing the innocent suspect from the showup was necessary to increase false lineup identifications in other‐race conditions. Conclusions. Different situational factors may affect the identification accuracy of eyewitnesses in own‐race and other‐race conditions for both showup and lineup procedures. Particular caution is advised when showups are clothing‐biased and multiple identification procedures are used.     

医疗损害司法鉴定应坚持同行鉴定原则

《侵权责任法》第七章第五十四条规定了医疗损害责任的基本归责原则是过错责任原则。对于医疗机构而言,在诊疗过程中是否存在过错需要由专业鉴定机构进行判定。医疗行为的专业技术性和医疗行为发生场所的特殊性,决定了医疗损害技术鉴定机构需要体现出公平公正性和医疗行业的专业性。本文通过对涉及医疗损害司法鉴定四个案例的比较及分析,提示司法鉴定机构及司法鉴定人对临床专家在此类鉴定中的地位和作用的认知,从而使司法鉴定意见更接近事实,提高司法鉴定的公信力。     

Intergenerational Continuity of Risky Parenting: A Person-Oriented Approach to Assessing Parenting Behaviors

Limited research has investigated the long-term effects of childhood emotional abuse on later forms of parenting. This study utilized a person-centered approach to explore the relation between retrospectively-reported maternal childhood emotional abuse and observed parenting behaviors during a conflict discussion. Data were collected from 53 caregiver-child dyads with children ages 8–11. Results of a model-based clustering procedure (Mclust; Fraley and Raftery 2006) identified three parenting styles (negative, at-risk, positive) that were based on five observed parenting behaviors (emotion regulation, anger, hostility, psychological control, and psychological unavailability). Results indicated that higher levels of childhood emotional abuse were reported by women in the at-risk and negative parenting subgroups. Mothers in the negative parenting and at-risk parenting clusters exhibited greater levels of emotional abuse when compared to the positive parenting cluster. Possible implications are discussed, and results underscore the importance of emotionally abusive developmental experiences in the understanding of risk for maladaptive parenting behaviors.     

An island unmixed: European military intervention and the displacement of Crete's Muslims, 1896–1908

This article examines the displacement of the majority of Crete's Muslim population after an upheaval led to the establishment of an autonomous regime on the island in 1898, following the military intervention by a coalition of European powers (Britain, France, Italy and Russia). By drawing a connection between Cretan topography and the type of intervention, I argue that the coalition's policies played a central role in Muslim emigration from the greatest Ottoman island. The article highlights the sectarian lens through which the European decision-makers regarded relations between the island's Christian and Muslim populations. In so doing, it makes a contribution to the history of European intervention in the Ottoman Empire. The final section offers a glimpse into the diminished Muslim minority under the autonomous regime, which was established after Abdülhamid II withdrew his soldiers from Crete, signifying de facto termination of Ottoman sovereignty on the island.     

中印缅孟经济走廊建设的重点、难点及对策

2013年5月,中国国务院总理李克强访问印度期间倡议建设的中印缅孟经济走廊,已经成为我国面向西南开放的重要战略支点,对四国而言都具有重要的战略意义。从当前贸易、投资、旅游往来和通道建设情况看,中印缅孟经济走廊建设初具雏形,但仍然受到一些硬性制约。深入推进经济走廊建设,应着重基础设施、产业园区、旅游、能源、农产品、金融等方面的合作,本文也提出了对策建议。     

建立中国司法鉴定行业科技支撑体系研究成果的应用与思考

一、背景 以司法鉴定为主导的证明活动,是运用科学技术手段为和谐社会及人类文明奠定真实之基的重要保障.司法鉴定活动,是综合集成地运用科学技术手段为司法审判提供证据支持的科学技术活动,司法鉴定活动本质上涉及各种科学技术手段的介入与支撑,而科学技术本身门类众多、复杂.因此,司法鉴定科技支撑体系（或证据科学技术体系）的建设,是一项复杂的、前沿性的证据系统工程.分类号：D919.2 文献标识码：A文章编号：1674-1226（2013）05-0587-05     

Global Democracy: A Symposium on a New Political Hope

The idea that the values and norms of democracy can also be applied to global politics is increasingly debated in academe. The six authors participating in this symposium are all advocates of global democracy, but there are significant differences in the way they envision its implementation. Some of the contributors discuss if and how substantial changes undertaken by states, mostly in their foreign policies, may also generate positive consequences in global politics. Other contributors address the nature of the international arena and the possible reforms it should undergo starting with the reform of international organizations. The debate combines theoretical aspects with normative proposals that could also be advanced in the political arena and offers a wide range of perspectives on the attempts to achieve a more democratic global political community.