法律移植与中国刑法的近代化——以《大清新刑律》为中心

《大清新刑律》是清末法律改革的产物 ,从体系到内容都移植了西方刑法。它遭到礼教派的种种责难 ,这表明清末移植西方刑法的艰难。虽然《大清新刑律》在清末没有得到实施 ,但它的颁布使中国刑法走上了近代化的道路 ,并成为民国时期刑法的重要历史渊源。     

对电子证据作为诉讼证据几个理论问题的研究

随着网络时代的到来以及计算机在日常生活中的广泛应用,电子证据在诉讼中的频繁出现已经不可避免。文章较为系统地论述了当前有关电子证据的几个热点问题:电子证据的概念、电子证据的法律地位、电子证据的采信标准、电子证据的司法鉴定等问题。同时结合文中的观点,简要地分析了两个典型的涉及有关电子邮件、手机短信等电子证据的案例,来说明电子证据的可采性和证明力问题。     

有关海事国际惯例的立法思考

从国内立法的角度厘清海事国际惯例的范围及其识别标准,主张中国海事立法应放弃对海事国际惯例作为法律渊源的认可,承认当事人可选择国际惯例调整合同,并在国内法任意性调整的领域适当尝试概括并入成文的海事国际惯例。     

论反恐行动中的实用战法

各国在反恐斗争的实战中,创造了许多经典战例,演化出了许多新型战法,而各种战法即可单一使用,也可同时交替使用,只要能够满足反恐行动的需要即可。我们研究和运用反恐战法,就是旨在根本上消除恐怖活动,至到恐怖活动绝迹而止。     

Exploring Drivers of Innovative Technology Adoption Intention: The Case of Plug‐In Vehicles

How individuals respond to innovative technologies depends on how motivated they are by an array of internal and external factors and the informational and cost barriers they face. To better understand technology adoption decision making we (i) assess changes in intent to purchase plug‐in vehicles in response to reductions in their price and (ii) identify motivators that incline new car buyers toward plug‐ins under status quo and reduced vehicle cost scenarios. We find that individuals already inclined toward alternative vehicles have a higher interest in plug‐ins under a reduced‐cost scenario than individuals who favor conventional vehicles. We also find that individuals who shift their vehicle preference from conventional gasoline to plug‐in vehicles are motivated by material factors and fears relating to the innovative technology, whereas those shifting preferences between less to more innovative technologies are likely to be motivated by a mix of material and nonmaterial factors.     

TRADE‐OFFS IN FORMULATING A CONSISTENT NATIONAL POLICY ON ADOPTION*

Just as the courts must consider the trade‐off between the best interest of the child and parental rights in involuntary termination of parental rights, policy on international adoption must consider the trade‐offs between the best interest of the child and the long‐term interests of the nation. We argue that countries that suspend international adoptions do not maximize social welfare. A consistent national policy to maximize the well‐being of the children and society at large would be to devote resources today to the oversight of international adoption in accord with child protections under the Hague Convention, while at the same time developing a domestic system of care that provides for the physical and developmental needs of orphaned children in the context of permanent families.     

The dynamic of family structures in seventeenth-century Moldavia. Adoption and godparenthood

This study analyzes aspects related to family structure and kinship (in particularly, to relations between parents and children, but other types than the blood relations) and the influences they had on seventeenth-century Moldavian society. In the first part, the focus is on the practice of adoption that is mainly mentioned in documents through the expression taking into one's soul and has as its main purpose ensuring posterity and implicitly transmitting patrimony. This analysis is based on juridical disposition and diverse types of documents conserved referring to this practice, trying to outline the importance of this gesture in Early Modern Moldavian society and the nature of the reasons which caused the individual to choose this lineage manner. Also, for a better understanding of the role and the amount of the patrimony inherited by the adopted children in the destiny of a family and its social implications, the method of comparing the adoption in contrast with other spiritual kinships, especially with baptismal sponsorship, has been used.     

Early Adopters of Solar Panels in Developing Countries: Evidence from Tanzania

Who pioneers the adoption of solar home systems as a source of power in developing countries? While many scholars of electrification praise off‐grid options, evidence on their adoption from nationally representative surveys is lacking. We test existing and new hypotheses using the 2007 Tanzanian National Household Budget Survey. Since the survey is nationally representative and has more than 10,000 respondent households, it is ideal for our purposes. We find modest support for the notion that wealthier households adopt more readily than poorer ones. Surprisingly, electrified households adopt solar home systems more readily than other households, suggesting that solar home systems provide backup power. We further find that larger households adopt more readily than smaller ones and that a rural location or high education levels do not predict solar power use. These findings suggest that new policies are needed to promote solar home systems in poor and rural areas, where their development effectiveness is maximal.     

Still Causing Trouble: The Conservative Parliamentary Party

There have been relatively few backbench rebellions on the Conservative benches in the Commons since 2001, but division manifested itself on three significant occasions: over the Children and Adoption Bill (when the leadership insisted on applying a whip to a vote that many thought should have been 'free'), over Lords reform (where on a free vote a majority of Conservative MPs voted against their leadership's preferred position) and over Iraq (where the divisions were smaller than on the Labour side of the House but where there was a qualitative dimension to the rebellion). Most importantly of all, the events of October 2003, when Iain Duncan Smith was removed as party leader, showed how much power remained with Conservative MPs: they initiated the vote of confidence, in which they alone participated, and the emergence of Michael Howard as the 'unity' candidate meant that the grassroots were denied any role in the change of leadership.     

论条约的适用

在国内如何适用国际条约属一国国内事务,当今条约关系愈益复杂,我国应视其不同而相应采取纳入和转化这两种方式,但应更多地采用转化方式适用条约;条约的地位因其类别不同,并不必然优于国内法。