论双务合同中给付义务的牵连性

双务合同中,当事人所负的给付义务不是独立存在的,而是具有牵连性,亦即目的性的相互依赖性.所谓发生上的牵连性是对合同义务存在或不存在的不准确的表述,不应被确认为牵连性的表现形式.功能上的牵连性是指合同义务在执行中的牵连性,其制度表现包括履行顺序的确定、同时履行抗辩、不安抗辩、特定履行等.条件上的牵连性是指在一方的给付义务消灭的情况下,对方的对待给付义务亦可归于消灭.此种牵连性是法定解除制度的学理基础.     

进退维谷中的行政强制催告制度——对《行政强制法》第35条的解读

《行政强制法》第35条规定的催告制度由于立法的不完善,形成了催告行为的作出时间应在行政决定履行期限届满之前或者之后两种不同的解读观点,这两种不同的解读都存在着理论与实践的问题。通过类型化分析催告行为的法律属性,探寻立法背景,进行体系性解释,只有将催告行为的作出时间解读为在行政决定履行期限届满之后,才能更好地完善行政强制执行程序。     

舌骨的法医人类学研究

目的建立利用舌骨形态测量值判别性别的方法,并探讨其在法医学应用中的价值。方法对于河北地区收集的108例舌骨样本(男78例,女30例)进行观察研究,确立11个观测指标并进行测量,测量值采用SPSS统计软件进行统计学分析,建立利用舌骨形态测量值判别性别的方程,并进行Fisher判别分析。结果在11项观察指标中,8项测量指标男女性别间存在显著性统计学差异(P<0.01);利用8项测量指标中的任一指标或之中的多个指标组合建立线性性别判别方程,方程判别性别的准确率在66%～92%,其中多指标的方程判别性别准确率较单一指标的方程高,最高达到92%。结论舌骨形态存在着性别差异,利用多个舌骨形态学测量值建立的性别判别方程准确率较高,可用于无名尸骨的性别判别。     

All Virtue Is Relative: A Response to Prior

In “The Challenge of Measuring Media Exposure: Reply to Dilliplane, Goldman, and Mutz,” Markus Prior suggests that scholars should avoid using a new method of measuring exposure to political television that we evaluated in a recent article published in the American Journal of Political Science. We respond to each of his criticisms, concluding that although no measurement approach is without its flaws, scholars should always use the best approach that is available at any given point in time.     

The religious experience as affecting ambivalence: the case of democratic performance evaluation in Israel

Religiosity increases both criticism and instability in democratic performance evaluations, and accordingly decreases reliance on these assessments in the construction of political self-efficacy, trust in institutions, and patriotism. This is due to the conflicting experiences that religious citizens of democracies live through; while their personal religious environment often adheres to many undemocratic characteristics, their experience as citizens contains assorted democratic attributes. These results, from heteroskedastic maximum likelihood models using data from a 2006 representative survey among Israeli Jews, augment the exclusive focus of the literature of democratic attitudes on the strength of attitudes, and shift attention from policy attitudes to other evaluative judgements.     

Performance Management in the Public Sector: Does It Decrease or Increase Innovation and Performance?

An important discussion in the performance management literature is how performance contingent incentives affect goal attainment. Incentivizing management tools are typically implemented to improve performance, but due to motivation crowding they may decrease innovation and performance. This article focuses on public research institutions and uses both existing performance studies of publications and two new innovation studies of patents to investigate effects of both financial incentives and sanctions within and between universities. Our findings indicate that public managers can create an environment supportive of innovation and performance through the use of performance management tools, but that this is no automatic link.     

Performance Budgeting in American States: A Framework of Integrating Performance with Budgeting

The past 20 years have witnessed ongoing endeavors researching the factors that influence the implementation of performance budgeting. While various factors have been identified, the effort to build frameworks is still lacking. This research proposes a framework to study the nature of relationships among various political, economic, legal, and organizational factors with performance budgeting, as evidenced in US state governments. We found that the presence and the characteristics of the legal foundation, managing for performance, shared responsibilities with the legislature, and capacity building are the most important factors. The environmental factors, however, are not statistically significant.     

Party systems in post-communist Central Europe: Patterns of stability and consolidation

When eight former communist countries joined the European Union in 2004 it was accepted that they all had reasonably well-established democratic systems. The extent to which this also meant that they had a range of political parties that cohered into anything like a stable party system was less clear, however. Different views have been expressed on this question, and it may also be queried how well current views of what the concept of party system implies fit with Central European (CE) developments. Investigation into the nature of the party systems that have developed after four free elections is first conducted in terms of their shape and size. From this perspective only Hungary and the Czech Republic have developed anything like a two-party system. The question of stable party representation in CE legislatures is then raised, and in this context Slovenia and Estonia show signs of party system development on a more plural basis. Stronger evidence of institutionalization is derived from calculation of an Index of Party Stabilization, which confirms the higher level of development in the countries identified above. There are some signs, as yet inconclusive, that weak party systems are also associated with more negative democratization outcomes.     

The role of infrastructural and coercive state capacity in explaining different types of electoral fraud

While effective state capacity can reasonably be considered a necessary condition for democratization, strong states do not automatically produce democratic regimes, nor do they guarantee their survival. Far from being sufficient conditions for democracy, strong or capable states are also thought to be indispensable for the maintenance of autocratic rule. The present article puts to the test the hypothesis that a certain level of state capacity is needed to engage in effective electoral malpractice, using general and more specific indicators of electoral fraud. This article proposes two opposing mechanisms through which state capacity can influence the quality of elections: through infrastructural state capacity and coercive state capacity. The article demonstrates that electoral fraud is more likely in countries where infrastructural state capacity is weak and that coercive state capacity plays a more ambiguous role than previously thought. The analyses also reveal that different factors are at work when looking at precise types of electoral malpractice rather than general measures: voter and candidate intimidation, fraudulent tabulation of votes, unfair media coverage of campaigns and vote buying seem to engage different sets of facilitating structures.     

Forensic Dental Age Estimation by Measuring Root Dentin Translucency Area Using a New Digital Technique

Dentin translucency measurement is an easy yet relatively accurate approach to postmortem age estimation. Translucency area represents a two‐dimensional change and may reflect age variations better than length. Manually measuring area is challenging and this paper proposes a new digital method using commercially available computer hardware and software. Area and length were measured on 100 tooth sections (age range, 19–82 years) of 250 μm thickness. Regression analysis revealed lower standard error of estimate and higher correlation with age for length than for area (R = 0.62 vs. 0.60). However, test of regression formulae on a control sample (n = 33, 21–85 years) showed smaller mean absolute difference (8.3 vs. 8.8 years) and greater frequency of smaller errors (73% vs. 67% age estimates ≤ ±10 years) for area than for length. These suggest that digital area measurements of root translucency may be used as an alternative to length in forensic age estimation.