民主监督与反腐败

民主监督与反腐败是紧密相连的 ,它关系着反腐败斗争的成败。我们只有从思想上高度重视民主监督 ,逐步建立起切实可行的 ,比较完善的民主监督机制 ,充分发挥民主监督作用 ,才能从源头上预防和治理腐败 ,确保反腐败斗争的胜利。     

Citizen co‐production of cyber security: Self‐help,vigilantes, and cybercrime

Given the limited resources and capabilities of states to maintain cyber security, a variety of co‐production efforts have been made by individuals or by collectives, of varying degrees of organization and coordination. This article identifies different forms of citizen co‐production of cyber security and notes the risk of unintended consequences. Safeguards and principles are proposed in order to facilitate constructive citizen/netizen co‐production of cyber security. Although co‐production of security can contribute to social control, only those activities within the bounds of the law should be encouraged. Activities of private citizens/netizens that test the limits of legality should be closely circumscribed.     

行政程序法目标模式的选择及实现

行政程序法目标模式的选择体现了立法者的价值取向,确定了行政程序法的基本架构。行政程序的价值在于能够满足人们对公正和效率的需求,其立法目标模式基本上分为权利模式和效率模式两类。在行政程序法目标模式的选择上,如果公正与效率的平衡机制确实不能够实现的话,公正应该成为首要目标,效率应为兼顾目标。效率的实现应以满足“最低程度的公正”为目标。效率与公正的平衡的实现有赖于一系列程序制度的设置。     

从《论干部政策》看陈云的“用人之道”

“政治路线确定之后,干部就是决定的因素。”[1]中国共产党在革命、建设和改革的过程中,一贯重视干部的作用。陈云作为党和国家的重要领导人,他对干部政策问题更是高度关注,提出了一系列关于干部政策的真知灼见和思想理论,形成了自己独有的“用人之道”。《论干部政策》是陈云“用人之道”的重要体现。在文中,陈云以“了解人”“气量大”“用得好”“爱护人”为切入点,分别从这四个维度生动清晰地阐明了“用人”的基本前提、关键所在、核心要义和本质要求,为我们系统地诠释了自己的“用人之道”。     

The daiku phenomenon: social and cultural influences of Beethoven’s Ninth Symphony in Japan

In the rude awakening of western colonisations in Asia during the nineteenth century, Japan drastically embraced the ‘better and more modern’ western values towards the end of that century—which began with the Meiji Restoration (Meiji Ishin [ ]). Since the nation began frantically learning everything Western—while keeping its traditional values at heart, Beethoven’s Ninth Symphony ‘Choral,’ or daiku as it is known in Japan, has been present throughout the turbulent twentieth century. The social and cultural phenomenon known as nenmatsu-no daiku ([ ] A countless number of annual year-end Beethoven’s Ninth Symphony concerts held throughout Japan each year.) is the subject under scrutiny in this paper. Japan’s almost desperate pursue toward westernization and the much-debated Japanese cultural trait, the ‘groupism’ mentality would make the existence of the daiku phenomenon appear to the bewildered outsider as a horrendous mix of the two elements, but is that simply so? Evidently, the sudden influx of western cultures and ideologies from Europe and the U.S.A. is in great part accountable for the continual and prevalent existence of the daiku in modern Japan. However, we must not overlook the underlying home-grown factors, which have kept the phenomenon well and alive even today. This paper intends to discuss the historical background leading to this phenomenon and present a summary of what daiku is, giving examples of different types of performances as a result of the phenomenon. An attempt will also be given to examine the significance Beethoven’s Ninth has for the Japanese in both social and cultural contexts.     

Interpersonal and Personal Antecedents and Consequences of Peer Victimization Across Middle Childhood in Hong Kong

Although much is known about peer victimization, the majority of the longitudinal research in this area has been restricted to Western settings. The main objective of this study was to examine the interpersonal (rejection) and personal (withdrawal, aggression) antecedents and consequences of victimization for Chinese children living in Hong Kong. A sample of 1,058 children (501 boys; M age = 9.5 years) in Hong Kong was followed longitudinally from the 3rd and 4th grades to the 7th and 8th grades. Consistent with a transactional framework, rejection and withdrawal contributed to, as well as resulted from, victimization. Although victimization predicted later aggression, aggression was unrelated to later victimization. These findings closely replicate past research conducted in North America and European settings, and suggest considerable correspondence in the links between maladaptive child characteristics and victimization across Western and Hong Kong schools.     

公安院校"体改生"培养模式存在问题及其对策

2008年公安院校招录培养体制改革试点后,全国公安院校招录培养体制改革全面铺开,2009年招录规模、范围等都有所扩大。反思和总结2008级＂体改生＂试点班的培养模式、教学工作,发现存在一些不足。针对存在问题,提出改革和完善的对策建议,从而更好地保证培养目标的实现。     

论软件最终用户侵犯著作权之刑事责任

近年来,计算机软件“最终用户”的法律责任问题成了知识产权理论界关注的热点,“软件最终用户”“商业使用”侵权复制品的行为属于“复制或者部分复制著作权人的软件的侵权行为”已经成为理论界和实务界的共识。“最终用户”因此承担民事责任乃至受到著作权行政管理机关行政处罚的案例已经屡见不鲜。“最终用户”从最初的不承担侵权责任,到承担民事责任、行政责任,有没有可能承担刑事责任?《刑法》关于侵犯著作权犯罪的规定究竞能否适用于“最终用户”?这些问题至今没有引起理论界的重视,以至在执法、司法实践当中存在不少认识上的误区,行政执法机关遇到此类案件在是否向司法机关移交的问题上也是莫衷一是,左右两难。笔者根据工作中的体会,对这一问题进行初步探讨,以期引起学界关注,起到抛砖引玉的效果。     

Determining Shoe Length from Partial Shoeprints

The length of a shoe has significant value in reflecting characteristics of the owner, and thereby, it can help in tracking suspects in criminal cases. However, the shoeprints left at a crime scene are often incomplete, resulting in difficulties in assessing shoe length. To find a way to estimate the shoe length from a partial shoeprint, 109 shoes with different sizes and general patterns were collected, and their prints were lifted using magnetic powder. Four feature points were defined on a shoeprint, and the longest distance between the feature points was defined as shoe length. Using linear, quadratic, and cubic regression analyses, a total of 15 equations were obtained between the shoe length and the other distances between the feature points. Out of these, the five most accurate equations were selected as the optimal equation. The verified test, including another 18 pairs of shoes, showed an average error of equations between 0.591 cm and 0.732 cm. The equations were also applied in two practical cases, resulting in good accuracy. The study demonstrates that shoe length could be determined from partial shoeprints through the proven equations.