越共十大：成就与启迪

2006年4月召开的越共十大在越南的经济革新与政治体制改革的道路上迈出了新的一步。本文对越共十大的成就作了评述,指出越南政治体制改革的步伐和做法是从本国的社会实际出发的,虽不必照搬,但却给我们一些启迪,值得我们研讨与借鉴。     

Non-strategic nuclear weapons as a ‘Trojan horse’: explaining Germany's ambivalent attitude

Germany's ambivalent attitude toward nuclear weapons is the result of an intricate rivalry between competing principles and goals of foreign and security policy-making. A deeply engrained strategic culture of anti-nuclearism and anti-militarism competes with a belief in collective defense and alliance cohesion. Similarly, the long-held belief in multilateralism is time and again challenged by newly emerging claims for leadership within multilateral institutions. The strategically rather insignificant non-strategic nuclear weapons issue provides a nodal point around which these conflicting principles came to the fore.     

Methadone‐Related Deaths – Epidemiological,Pathohistological, and Toxicological Traits in 10‐year Retrospective Study in Vojvodina,Serbia

The number of methadone‐related deaths (MRDs) during a 10‐year period (2002–2011) in the region of Vojvodina, Serbia, was increased. The cases were evaluated according to epidemiological parameters, pathohistological findings, and toxicological screening. The majority of victims were men, aged from 20 to 38. Pathohistologically, the signs of acute focal myocardial damage were present in the heart of victims with drug abuse history shorter than 2 years, while both signs of recent and chronic focal myocardial damage were developed among victims with longer drug abuse history (2–5 years). In postmortem blood samples of 54.84% of victims, methadone was detected in combination with diazepam, both in therapeutic range. Alcohol was absent in most cases. Other detected drugs were antipsychotics and antidepressants in therapeutic concentrations. These findings raise the attention to the concomitant use of methadone and benzodiazepines with the need for further studies to clarify the mechanism of death in such cases.     

论涉外遗嘱法律适用制度的发展趋势———兼论 《涉外民事关系法律适用法》第 32、33 条的解释与完善简

在遗嘱的法律适用制度领域存在两大趋势：一是在体例结构上采用继承与遗嘱分立模式下的“遗嘱”体例;二是在同一制与区别制的应用上采用同一制。《涉外民事关系法律适用法》第四章采用法定继承与遗嘱分立的体例结构,在实践中将导致遗嘱法律适用制度结构残缺。在处理遗嘱方式法律适用时,该法采纳了同一制,但弃用了1961年《海牙遗嘱处分方式法律冲突公约》中的“住所”和涉及不动产时的“不动产所在地”连接点,弱化了公约在遗嘱方式上倡导的尽量使遗嘱方式有效原则。此外,该法第33条“遗嘱效力”概念语义含糊,必然给法院的审判活动带来困扰。鉴此,我国相关职能部门应当就相关法条做合理解释,并在必要时对相关制度予以修订。     

诈骗罪疑难问题研究

以侵犯财产为目的的诈骗罪自古以来便存在,但直至今日我国刑法通说对于诈骗罪的理解仍有不明之处。"非法占有目的"虽然未在诈骗罪的构成要件中明确列出,但是却是诈骗罪中必不可少的主观要素构成要件;作为三角诈骗典型代表的诉讼诈骗行为只是诈骗罪的一种行为方式,应被认定为诈骗罪;对于电信诈骗,两高的司法解释明晰了其定罪量刑的依据,但在共犯认定问题上应以分赃时的具体情形为依据。     

The effects of beliefs and information about hypnosis on the legal defence of automatism through hypnosis

Abstract

The aims of this study were to assess the impact of public conceptions about the nature and coercive powers of hypnosis, and information regarding different approaches to hypnosis, on the plea of automatism through hypnosis in a criminal trial. Subjects were assigned to three groups. Two were presented with criminal cases in which automatism through hypnosis was implicated, as well as duress; one of these groups received information about different approaches to hypnosis. The third received the same cases, but with duress alone. Results showed that, when automatism through hypnosis was implicated as well as duress, the defendant offering the plea was judged less responsible, however, he was not judged less guilty than when duress alone was the defence. Also, subjects presented with the plea of automatism tended to be more sceptical about the idea than those not presented with this plea. The provision of information on different approaches to hypnosis was largely ineffective in altering beliefs and judgments. Judgments of guilt and responsibility were, however, strongly influenced by beliefs about automatism through hypnosis.     

欧陆上市公司关联交易治理机制比较

上市公司关联交易治理重点因股权结构而异,英美等少数股权分散国家为管理层,包括我国在内的多数股权集中国家则为控制股东。鉴于控制股东所主导的关联交易具有利益冲突与经营效率的双重属性,欧陆国家的法律对其采取兴利除弊的治理策略。通过董事会和监事会审批机制确保决策效率,依靠司法任命特别检查人和派生诉讼机制维护少数股东权益,在公司集团中引入特别规则以提升公司价值,实现了公平与效率的动态平衡,值得我国借鉴。     

高校介入社区矫正的理性思考

社区矫正是与监禁矫正相对的行刑方式,是行刑社会化理念的体现。社区矫正的有效开展离不开社会力量的积极参与,"社会参与性"是社区矫正的本质特征之一。而我国目前社区矫正实践反映出来的突出问题在于社会力量参与度太低,社会资源未得到充分利用,在一定程度上影响了社区矫正的效果。高校作为我国社会力量的重要组成部分,集合了优质的社会资源,其在理念生成、技术研发和人才培养等方面具有独特的优势,是一种重要的社会资本。而我国社区矫正向纵深推进,需要在理念、技术和人才三个维度实现创新。因此,我国高校的优势契合了社区矫正的现实需要,高校力量加盟社区矫正具有现实可行性。     

Public Trust in (or Cynicism about) Other Nations across Time

This study uses survey data from 1994 and 1999 to examine the nature, causes, and consequences of Americans generalized beliefs about other nations during the decade prior to September 11, 2001—a relatively sedate era in international relations compared to the Cold War and post-September 11 periods. As was the case after the terrorist attacks, relatively few citizens expressed high levels of trust in other nations; more did in 1999 than in 1994, however. Partisanship, beliefs about government, age, and education were related to trust in other nations at the individual level, with some of these relationships varying over time. Trust in other nations, in turn, was related to preferences for diplomacy and support for military interventions. The strength of the former relationship varied over time, whereas the nature of the latter relationship depended on the nature of the intervention in question. The findings raise the question of why so few Americans trust other nations not only during periods of external threat but also during quieter times.