由极端方式私力救济的现状看公力救济——对公力救济制度性缺陷的法律分析

公力救济的严格程序法定限制了私权保护,其所依据的法律的正当性决定了人们对私力救济的选择。法理上,法律本身的局限性,使公力救济无法提供正当的评判依据;法律实践上,实体法提供的评判标准不正当：适用法律不当,赔偿制度及赔偿标准的制定失当、缺乏客观公正的特别证明,致使人们抛弃公力救济。     

On Myth,Considered as a Method for Legal Thought

The textual form of law relates to language and not to narration but to myth. Law's text does not develop in the temporal sequence of past-present-future, but spreads by analogy of concentric circles. If ‘normal’ myth is a folklore of people then the law is a myth retold by lawyers. For the sake of separation of legal myth from mythology as a whole, law creates its own rituals. In post-modern societies the mythologization of law becomes even more important as the boundaries between legal and lay communities are challenged. Classical legal theories cannot deal with this change and Kafka's The Trial is as good a jurisprudence as any other legal theory. This revised version was published online in November 2006 with corrections to the Cover Date.     

台湾农业产业化支持政策及其运作

台湾在土地资源十分匮乏的情况下,只用了短短二三十年的时间,便在落后的传统农业基础上,实现了农业产业化与现代化,并推动农业产业化不断升级。其非常重要的原因,就是台湾当局根据不同时期农业发展的需要,制定出一系列支持农业发展的政策,并采取相应的配套措施,使政府的宏观政策得以成功实施。主要措施是:土地改革政策;市场促进政策;农业科技投入政策;产业组织优化政策;结构升级政策。     

The “war on cops,” retaliatory violence,and the murder of George Floyd*

The police murder of George Floyd sparked nationwide protests in the summer of 2020 and revived claims that public outcry over such high-profile police killings perpetuated a violent “war on cops.” Using data collected by the Gun Violence Archive (GVA) on firearm assaults of U.S. police officers, we use Bayesian structural time series (BSTS) modeling to empirically assess if and how patterns of firearm assault on police officers in the United States were influenced by the police murder of George Floyd. Our analysis finds that the murder of George Floyd was associated with a 3-week spike in firearm assaults on police, after which the trend in firearms assaults dropped to levels only slightly above that which were predicted by pre-Floyd data. We discuss potential explanations for these findings and consider their relevance to the contemporary discussion of a “war on cops,” violence, and officer safety.     

群体性事件的根源分析及其化解——基于社会运行机制的分析

当前我国群体性事件频发,成为影响社会稳定和发展的突出问题。以社会运行机制为分析视角,比较传统社会和现代社会发展运行机制,我国现代社会单纯依靠经济发展作为社会控制力的唯一支撑,这种社会运行机制所导致的社会结构性压力严重和社会控制力低下是当前群体性事件多发的根本原因。因此,必须实现社会制度的公正,重建社会信仰体系,实现科学发展。     

Household Energy Consumption and Housing Choice in the U.S. Residential Sector

Energy use in residential buildings accounted for 21% of U.S. CO₂ emissions in 2013. Efforts to reduce energy use in the residential sector have been overly focused on improving energy efficiency of buildings. This article incorporates housing policy debate into energy policy, hoping to provide new opportunities for planners to participate in residential energy policy. Using data from the latest Residential Energy Consumption Survey, structural equation modeling has been applied to isolate the direct and indirect effects of household and housing characteristics on residential energy use. Results show that more than 80% of a household's indirect effect on energy consumption happens through the building characteristics, which is characterized as the housing choice effect on energy consumption. Planners can participate in residential energy management efforts by influencing housing needs and priorities of communities towards more sustainable compact housing units.     

Paving the (Hard) Way for Regional Partnerships: Evidence from Portugal

A fundamental dilemma which troubles advocates of interinstitutional partnerships in regional development pertains to the extent to which partnerships enhance the effectiveness of governance processes and outcomes. This dilemma is particularly relevant in contexts that lack strong cohesive regional development alliances, such as the Portuguese case. This article aims to shed light on the debate regarding the role of partnerships in regional development, drawing on a unique collaborative interinstitutional partnership. It explores the responses to complexity across the different stakeholders, as well as its effects at the formulation and implementation stages of the strategic plans devised to apply for EU funding. Findings suggest that interinstitutional partnerships induce significantly different allocative choices at the agenda-setting. However, the established partnership was unable to cope with the several obstacles that emerged during the implementation, suggesting several vulnerabilities of partnerships, which are explored. Findings suggest the need to reinforce governance mechanisms during the implementation stage.     

刑法规范的结构模式新探

刑法规范的结构模式主要涉及结构类型、结构成分和结构形态三个方面。刑法规范的结构类型可分为辩证统一的逻辑结构与本体结构两种。刑法规范的逻辑结构成分包括刑事行为模式与刑事法律结果两部分。刑法规范的本体结构成分包括刑事权利、刑事义务与接受刑事评价特别是刑事责任三部分。刑法规范的结构形态主要有刑事非评价行为法律规范与刑事评价行为法律规范两种。     

Using Named Entities for Computer‐Automated Verbal Deception Detection

There is an increasing demand for automated verbal deception detection systems. We propose named entity recognition (NER; i.e., the automatic identification and extraction of information from text) to model three established theoretical principles: (i) truth tellers provide accounts that are richer in detail, (ii) contain more contextual references (specific persons, locations, and times), and (iii) deceivers tend to withhold potentially checkable information. We test whether NER captures these theoretical concepts and can automatically identify truthful versus deceptive hotel reviews. We extracted the proportion of named entities with two NER tools (spaCy and Stanford's NER) and compared the discriminative ability to a lexicon word count approach (LIWC) and a measure of sentence specificity (speciteller). Named entities discriminated truthful from deceptive hotel reviews above chance level, and outperformed the lexicon approach and sentence specificity. This investigation suggests that named entities may be a useful addition to existing automated verbal deception detection approaches.     

财政转移支付结构调整困境及其人权再定位

为便于落实财政转移支付规范目标,我国将其分为一般性转移支付与专项转移支付,并分别予以功能定位。然而,受诸多因素影响,两类转移支付功能发挥产生混同与偏差,导致转移支付整体功能受限,转移支付结构调整陷入困境。对此,以结构视角分析,虽便于理解和说明,但需要注意到结构主义自身容易带有的对主体、环境及转移支付整体结构平衡的忽视这些局限,谨防将结构调整简化为增加一般性转移支付份量、减少专项转移支付份额到预设的比例。现有体制环境下,基于转移支付人权保障属性,有必要对转移支付结构进行人权维度再定位,为其整体功能圆满实现提供新的纠偏视角与规范途径。