水资源管制立法内涵解读

Water resources have the functions as domestic water, resource water and environmental water, on the basis of which the legislative framework of water resource regulations shall be studied. Firstly, domestic water shall be deemed as property right and the legislation shall protect the realization of the fundamental human rights for use of domestic water. Secondly, with respect to resource water, an independent water resource regulatory agency shall be established; and meanwhile, the legislation shall promote the construction of water right market based on property rights and improve the utility of water resources. Thirdly, since environmental water is one of the public goods, the legislation shall create a path of privatization in implementing mechanism for realizing the use of environmental water and the franchising system provides a practical solution to privatization of environmental water. Xu Jinhai, Ph.D in Law, is a vice director of the Public Utilities Law Institute of Hohai University. Since 2001, he has released nearly twenty articles in Nanjing University Law Review and Jiangsu Social Science Journal and other academic journals.     

Women＇s Oppression in the Family-based Mode of Production： Reading The Main Enemy： A Materialist Analysis of Women＇ s Oppression

克里丝汀·德尔菲在《主要的敌人：女性压迫的唯物主义分析》中，从女性介入的独特生产关系—家庭生产方式中找到了女性受压迫的物质性根源，使对女性问题的分析深深地扎根于历史唯物主义的理论领域，从而在马克思主义与女性主义之间找到了结合点，为解决当时女性主义面临的理论难题，进行了有益的尝试。     

英国盎格鲁—撒克逊时代对杀人和伤害行为的法律规制——以古代中国为参照

人类早期的法律最能体现民族的本性,也最能揭示其法律传统的特色。通过对盎格鲁—撒克逊时代杀人和伤害行为法律规制的考察,兼与历史发展同期的中国法相对照,我们发现,盎格鲁—撒克逊社会主要认可民间解决问题的方法,肯定"私力救济",反映了当时英格兰国家权力因素还没有占据了绝对上峰,社会成员享有较多的"个人自治"空间。中国采取的是自上而下命令式的解决途径,明显带有压迫性,从而扼制了人民权利与自由意识的发展。     

家庭冷暴力的法律规制

家庭冷暴力属于精神暴力,它是与身体暴力、性暴力并存的家庭暴力形式。目前,我国在防治家庭冷暴力方面存在如立法缺失、司法界定难、追究法律责任难等诸多困境。因此,应尽快出台《家庭暴力防治法》,明确家庭冷暴力的法律责任,实行举证责任倒置原则,扩大证据形式,赋予受害人精神损害赔偿的权利,不断完善我国家庭立法,进而保护受害者的合法权益。     

命案追逃工作机制分析

提高命案侦破能力,实现"命案必破"的目标,是摆在公安机关当前的一个重大任务。目前,在故意杀人等严重刑事案件中,犯罪分子作案手段和方法出现了新特点、新趋势。公安机关应根据新变化,把握新特点采取相应措施,不断提高侦破命案能力,努力实现"命案必破"。     

家政工人劳动权益保护之监察

家政工人劳动权益保护之劳动法调整范式的缺位,折射出现代劳动法历史使命再续和逻辑延伸之客观需求。家政工人在现代社会语境中所内射出来的诸多"人像"特征,有别于传统私法视域下的"人像"。固守形式平等的私法理念不能回应和规范家政工人这一特殊群体的内在利益诉求。践行实质平等之社会法理念下的家政工人劳动权益监察制度,是国家基于社会本位的思想,对弱势家政工人劳动权益给予倾斜性保护的重要利益干预和调控机制。家政工人劳动权益监察制度是在家政工人劳动权益受劳动法保护模式下的必设性制度。家政工人劳动权益保护监察制度与劳动监察制度在制度接轨时必须考量二者之一般性和特殊性。     

The Impact of the USSR on Lithuania's Domestic Policy and Its International Orientation in the Third Decade of the Twentieth Century

This article investigates links between domestic and foreign policy, topics which are usually discussed rather than analyzed in any detail. The case of the USSR and Lithuania is taken as an historical example of the impact of the external factor on domestic policy, and an attempt is made to elucidate how the Soviets tried to influence and correct Lithuania's policy in the inter-war period by providing financial assistance to parties and their press. In this way they sought to set Lithuania against Poland and fuel the conflict between them, so that they would not become reconciled, would not create the so-called Baltic Union with Latvia, Estonia and Finland and would not orient themselves to the West. Using financial and other levers of secret policy, the Soviets contributed significantly to pushing the pro-Western Christian Democratic Party away from power in Lithuania so that the Nationalists, who sought to establish closer relations with the USSR, came to be established. The overseas financing of parties which remained unknown to the public distorted the political process of Lithuania and hindered the maturing of social awareness.     

T. S. Eliot's The Waste Land in Lithuanian translation

Small states, argued Peter Katzenstein a quarter of a century ago, were different. Faced with the fluctuations of world markets, they adopt democratic corporatism and domestic compensation, thus ensuring political legitimacy and successful economic adjustment. The Baltic countries are an interesting case study for this framework, because in many ways they are “smaller” than the seven countries analyzed by Katzenstein. This article finds that, on a broader level, Katzenstein’s framework is very helpful in highlighting the key developments in the Baltic countries. On the other hand, the specific causal mechanism that can be drawn from this framework running from smallness, to democratic corporatism, to political legitimacy, as well as domestic compensation, has not developed in the Baltics.     

Does the Criminal Justice System Treat Domestic Violence and Sexual Assault Offenders Leniently?

We examine whether men who physically assault their female partners or who commit sexual assault receive more lenient treatment than offenders who commit other types of assaults. Analyses of the National Violence Against Women Survey do not support these hypotheses. Rather, they suggest that women who assault their male partners are particularly likely to avoid arrest. In addition, both men and women who assault partners are more likely to avoid conviction than other offenders. Evidence suggests that there has been an increase over time in rates of arrest and conviction for partner violence.     

Beyond the Social Production of Homicide Rates: Extending Social Disorganization Theory to Explain Homicide Case Outcomes

This paper examines the intersection of social disorganization at a community level with responses to crime. In contrast to other works examining the impact of social disorganization on the production of crime rates, we examine the role of social disorganization theory in responses to crime rates (i.e. the arrest and conviction of perpetrators of crime). In an effort to examine these dynamics, we use law enforcement data from Cleveland, Ohio to explore the role of social disorganization in the ability of police and the courts to respond to homicide cases. Such an examination suggests not only how far the law extends in community responses to homicide but also reveals an extension of social disorganization theory beyond its established role in explaining the production of crime rates.