浅析我国婚姻法中的夫妻财产常制

夫妻财产制是有关婚姻关系存续期间夫妻财产所有权的制度。我国《婚姻法》采用的以法定财产制为主、约定财产制为补充的夫妻财产制度，进一步充实了夫妻财产内容，反映了社会发展的要求。但在约定财产制度的规定和实施、夫妻债务清偿、法定财产制排除的非常情形、共同财产规定等方面存在缺陷，在今后的婚姻法实施细则及相关司法解释和民法相关篇中应对上述缺陷进行完善。     

Institutions and the Growth of Knowledge: Evidence from International Environmental Regimes

This article argues that institutions not only reflect ideas prevalent at the time of their creation, but also play vital roles in driving the growth and dissemination of knowledge. Because institutions are not actors in their own right, however, it is essential to identify the mechanisms through which they influence the behavior of those who are producers and consumers of knowledge. The central section of the article explores three distinct mechanisms or families of mechanisms that come into play in this context:(1) framing the research agenda, (2) privileging certain types of knowledge claims, and (3) guiding the application of knowledge to specific policy concerns. The article's concluding section examines the policy implications flowing from the proposition that institutions play significant roles in creating knowledge regarding the issues they address. Throughout, observations relating to international environmental or resources regimes provide a source of illustrations.     

民事诉讼中的证据调查制度

证据调查程序和证据调查方法直接关系到当事人的举证能力和案件事实的发现,对此两大法系采用了不同的立法模式。英美法系以形式合理性为基础,以发现程序作为独立的证据调查程序;大陆法系国家受发现真实主义理念的影响,没有设立独立的证据调查程序。但也赋予了当事人一定的证据调查手段,如文书提出命令、资讯请求权等。我国民事诉讼法并未明确确立证据调查程序和证据调查方法,本文在对我国民事诉讼关于证据调查立法的历史沿革进行分析的基础上,提出了我国确立证据调查程序的思路。     

从代理理论看对高管报酬的规范

从效益角度看,对企业高管报酬的数额讨论是没有意义的,要想制定一个理想的企业高管报酬数额的立法、行政和司法标准,将会产生适得其反的效果。对企业高管报酬方法规范的重点,应该是提高报酬与企业业绩的正相关关系。相比而言,企业高管报酬的披露制度更符合市场经济的规律,也更有利于资本市场的完善。     

苏俄国内战争时期高尔察克反动政府的货币政策

作为一个军事独裁的反革命政权,高尔察克政府制定了相应的货币政策,企图稳定西伯利亚货币流通局面,提高反动政府信誉,以达到增加政府收入、满足巨大军费开支的需要,其结果是进一步恶化了西伯利亚和远东的经济形势,充分暴露了其反革命反人民的本质。     

The parole performance of offenders released from shock incarceration (boot camp prisons): A survival time analysis

The parole performance of offenders who were released after successfully completing a shock incarceration program was examined and compared to the performance of offenders who were serving time on probation or parole after a period of incarceration. Separate survival analyses were performed for recidivism as measured by (1) arrests and (2) failures (jailed, absconded, or revoked). Prior incarceration, age, age at first arrest, and risk assessment score were related to recidivism but type of sentence was not. Intensity of supervision was significantly related to recidivism but this relationship was eliminated when risk level was controlled. There was no evidence that shock incarceration reduces recidivism. Future research should focus on methods of reducing failures during community supervision for these young, nonviolent offenders within the framework of either a shock incarceration program or some other sentence.An earlier version of this paper was presented at the American Probation and Parole Association 14th Annual Training Institute, Milwaukee, Wisconsin, August 1989.     

Major Changes Without Regime Shifts:Switzerland and Japan in Comparative Perspective

The literature on regime shift suggests that Japan, and perhaps also Switzerland, have experienced a shift in their political systems. In this contribution, it is argued that both political systems underwent considerable change. However, this change did not represent regime shift in terms of a break with the past. Compared to other established democracies in the OECD country group, the changes to various aspects of the political systems have been similar in magnitude and type in both countries. Among OECD members, similar new elements have been layered on to stable cores of pre‐existing institutions, actor constellations and policies differing vastly in international comparison. Therewith, most countries moved in comparable directions without significantly changing their relative position within the group of established democracies     

A survival model of pretrial failure

This paper examines the likelihood of rearrest during the pretrial period with a model that depends on both time elapsed since release and on individual and case characteristics. Using data on a sample of male arrestees released on recognizance in the District of Columbia in 1984, we apply a survival or hazard model to the problem of predicting pretrial rearrest. We are particularly interested in whether drug use, as measured by urinalysis at arrest, is predictive of pretrial rearrest and its timing. Results show, for example, that drug use or a charge for larceny is associated with high risk levels in the period immediately following release. In our data, the number of prior convictions exerts a strong effect on rearrest risk throughout the pretrial period, but the initial high risk associated with being on probation or parole or having pending charges decreases rapidly over the course of a year at risk.     

Loyalty,disloyalty, and semi-loyalty in Pakistan’s hybrid regime

The 2013 election in Pakistan was a significant point in a presumed transition from autocracy towards democracy, since for the first time an elected government completed a full term and was replaced by another freely elected government. Pakistan’s hybrid regime, however, continues to be threatened by a significant ‘disloyal opposition’, in the form of secessionists in Balochistan and jihadi Islamists of the Tehrik-e-Taliban (the so-called Pakistan Taliban). Drawing on the literature on hybrid regimes, and using Juan Linz’s framework that focused on both ‘disloyal’ and ‘semi-loyal’ oppositions to democratic rule, this article examines the threat to a continuing movement towards democracy posed by secessionists, Islamists, and the military.     

Changes in the menu of manipulation: Electoral fraud,ballot stuffing,and voter pressure in the 2011 Russian election

Vote-buying and voter intimidation are costly, complicated, and risky ways to manage elections. Why, then, do hybrid regimes utilize such tactics rather than ballot stuffing or election falsification? Such methods to mobilize voters require the construction of patronage networks that can be used to mobilize or demobilize clients beyond the election, and to display the incumbent's organizational strength. These networks are most valuable in places where opposition groups are active; consequently direct voter pressure should be more common in competitive areas. This paper uses data from Russia's 83 regions during the 2011 election to compare patterns of extra-legal mobilization with patterns of ballot stuffing and falsification. I conclude that local political competitiveness structures the mix of electoral manipulation tactics employed.