公共财政立法研究

文章以我国财政体制改革为背景,结合公共财政体制建设,就公共财政的基本内容、公共财政的特点和职能、公共财政的法律特征和立法框架进行了探讨。文章指出国家财政体制改革的目标是公共财政和国家财政的统一,只有把公共财政和国家财政结合与统一起来,而不是将两者矛盾或对立起来,才是具有中国特色的公共财政。     

家法族规在明清法律体系中的地位

就宗族法的发展历史看,明清时期准立法、准司法性质的家法族规为中国封建时代的典型。本文以明清家法族规的内容及其与国家法的互动、冲突关系为视角,探讨了家法族规在封建社会中的重要地位。     

Ideology and Polarization Among Women State Legislators

In early work on women in Congress, scholars consistently identified a tendency among women legislators to be more liberal roll‐call voters than male copartisans. Recent changes in Congress point to the polarization of women, where Democratic women remain more liberal than Democratic men but Republican women are no different from, or more conservative than, Republican men. We use newly available state legislative roll‐call data to determine whether women state legislators are more liberal or polarized than male copartisans. We find that while Democratic women state legislators remain consistently more liberal than male copartisans in most state chambers, Republican women legislators are growing more conservative. Thus, women state legislators are increasingly polarized in most U.S. states. Legislator replacement and increasing polarization among state legislators in office contribute to this effect. We argue that polarization among women legislators has implications for the representation of women in the states.     

Creating a State‐Academic Partnership to Advance a Forensic Teaching Service: Benefits and Barriers

In Washington State, like many states, there is a shortage of forensically trained mental health clinicians to work with criminal justice‐involved individuals. At the direction of the state legislature, a collaborative project was undertaken by the University of Washington, the state Department of Social and Health Services, and a state psychiatric hospital to develop a proposal for a jointly sponsored forensic teaching service. The authors reviewed the literature, surveyed and interviewed forensic psychiatry and psychology training directors, and conducted site visits of selected training programs that offer multidisciplinary training or have affiliations with state hospitals. The authors conducted focus groups of additional stakeholders, including clinicians and patients in forensic settings, to better understand the needs in Washington. The authors report on several common benefits and barriers to establishing forensic teaching services. Other states and forensic programs may find this article useful in identifying common considerations for forensic mental health teaching services.     

High‐Resolution Melting (HRM) of Hypervariable Mitochondrial DNA Regions for Forensic Science

Forensic strategies commonly are proceeding by analysis of short tandem repeats (STRs); however, new additional strategies have been proposed for forensic science. Thus, this article standardized the high‐resolution melting (HRM) of DNA for forensic analyzes. For HRM, mitochondrial DNA (mtDNA) from eight individuals were extracted from mucosa swabs by DNAzol reagent, samples were amplified by PCR and submitted to HRM analysis to identify differences in hypervariable (HV) regions I and II. To confirm HRM, all PCR products were DNA sequencing. The data suggest that is possible discriminate DNA from different samples by HRM curves. Also, uncommon dual‐dissociation was identified in a single PCR product, increasing HRM analyzes by evaluation of melting peaks. Thus, HRM is accurate and useful to screening small differences in HVI and HVII regions from mtDNA and increase the efficiency of laboratory routines based on forensic genetics.     

What has the ‘first sexual revolution’ to do with kinship transition? ‘Kin marriages’ and illicit sexuality in nineteenth-century Alpine Switzerland

This paper questions the link between two major transformations observed in eighteenth century Europe: the reorganization of kinship structures and kinship solidarities on the one hand and the so-called ‘sexual revolution’ of the eighteenth century on the other, i.e. the spectacular rise of illegitimacy throughout Europe. Raising the question of this link has far-reaching theoretical implications, since the fundamental changes in kinship and sexuality have been treated so far as two independent phenomena in separate domains. The results presented in this paper refer to mountain villages of the Swiss Alps and base on genealogical data extracted from a large dynamic database called the Registre historique de la population du Valais. They suggest that the remarkable increase of close kin marriages was closely connected with changes in sexual habits and with the building of different sexual milieus. The ‘sexual revolution’ in the Entremont region was largely the issue of a few families and kin groups tending to build tightly knitted networks. In this perspective, the increase of kin marriages reflected the diversification of political and sexual milieus, characterized by different values, ideologies and attitudes. This profound diversification of life styles shows that social change did not affect local societies as a whole, but was supported by particular milieus made cohesive by privileged alliances within kin groups and by particular network patterns.     

An Improved Protection for the (Mentally Ill) Trans Parent: A Queer Reading of AP,Garçon and Nicot v France

The European Court of Human Rights has been deciding cases concerning LGBT rights since the early 1980s. Its case law on trans rights has changed drastically over time, imposing upon the states of the Council of Europe certain minimum standards regarding the legal recognition of gender identity. In its recent judgment of April 2017 the Court laid down a new rule to be adopted by domestic legislation; namely, that the legal recognition of gender transition cannot be made conditional upon pursuing medical or surgical procedures which have (or are likely to have) sterilising effects. This article analyses the judgment from a critical perspective grounded in queer theory, noting both the positive and the negative elements of the Court's decision.     

《监察法》对中国特色反腐败工作的法治影响

《监察法》是反腐败立法,是一部对国家监察工作起统领性和基础性作用的法律,是借鉴古今中外先进经验、经过实践检验、与时俱进的重要制度创新。《监察法》的制定,进一步织密了中国特色反腐败法网,进一步完善了中国特色反腐败体制机制,标志着中国特色反腐败工作已经进入依法反腐和依宪反腐的新阶段,同时也给中国特色反腐败体制机制、新时代纪检监察执纪执法工作、纪检监察机关及其工作人员带来一系列新变化与新要求。     

21世纪初俄罗斯周边地缘政治状况的量化分析

前苏联解体和冷战结束后,俄罗斯周边地缘政治环境发生了很大变化。利用量化分析方法(莱科标 度)建立量化体系,测量当今俄罗斯周边地缘政治具体的交化及程度。可以看出,当今俄罗斯地缘政治的状态是: 俄罗斯地缘政治状况最危险的区域在它的南部(外高加索、中亚地区),而最安全的区域是东部(东亚)。     

国家教育考试机构法律地位研究

国家教育考试在社会生活中具有十分重要的意义,然而人们对国家教育考试机构法律地位的认识并不明确。从国家教育考试机构的起源来看,它的设立与运行具有正当性的权利与权力基础,它的法律地位应定位为管理者、被监督者、服务者和契约主体。国家教育考试机构的发展方向应当是在实现行政化与社会化相结合的同时,注重考试管理权与实施权的适当分离。