讯问笔录中的法律体现

讯问笔录是公安机关刑事法律文书中非常重要且制作难度较大的一种文书形式,与现场勘查笔录、询问笔录合称三大笔录。法律规定如何正确地体现在讯问笔录中,是公安侦查人员要注意的问题。     

Judicial Review in the European Community: The Environment, Subsidiarity and the Question of Intensity

This paper examines the manner in which the EuropeanCourt of Justice has developed certain principles enunciated inthe Treaty into judicial review standards. It focuses on thelimited intensity of that review in relation to subsidiarity andthe environmental principles. The paper contends that reviewcould be intensified by use of institutional declarations on theprinciples as aids to interpretation.     

劳动规章制度法律性质之“法律规范说”检讨

用人单位劳动规章制度是用人单位组织社会化劳动所必需的制度。2007年6月通过的我国《劳动合同法》的规定令人难以判断其对如何认定劳动规章制度法律性质所持的基本立场。我国劳动法学界倾向于将劳动规章制度归结为具有法律规范性质的行为规范,从而契合了"法律规范说"的见解,但是,"法律规范说"存在着逻辑矛盾,不符合我国劳动法制发展和劳动用工实践的现状,而从"契约说"的视角认识劳动规章制度性质应当是可行之道。     

Ambivalence in Intergroup Evaluation: The Role of Fairness Norm

We conducted two studies to examine the role of the social norm of fairness on cognitive (beliefs and judgments) and affective (emotions and feelings) ambivalence in an intergroup context of evaluation. As predicted, we found that ambivalence toward the ingroup is constantly higher in the cognitive dimension than in the affective dimension. Instead, cognitive and affective ambivalence toward the outgroup are generally similar but when the outgroup is highly protected by the fairness norm (i.e., the elderly), cognitive ambivalence is considerably lower than affective ambivalence. These findings provide evidence that (1) cognitive ambivalence is more controlled by the fairness norm than affective ambivalence, and that (2) it holds an adaptive function, changing in accordance with the demands of the normative context.

Metamorphosis in Hans Kelsen's Legal Philosophy

Two major questions stem from the fundamental shift in Hans Kelsen's legal philosophy that takes place in 1960 and the years thereafter: first, the scope of the shift and, second, its explanation. On the first question, I argue that the shift is not limited to Kelsen's rejection of the applicability of logic to legal norms. Rather, it reaches to his rejection of the entire Kantian edifice of his earlier work. On the second question, I argue that the explanation for the shift has a conceptual dimension as well as a historico‐biographical dimension. That is, I argue that Kelsen's rejection of the principle of non‐contradiction vis‐à‐vis legal norms reaches to the Kantian edifice in that the principle was presupposed in Kelsen's earlier work and appears, expressis verbis, in his ‘Kantian filter’. And I argue that certain historico‐biographical data are germane, including, quite possibly, the earlier revolution in Kelsen's thought, that of 1939–40.     

Does it matter whether people will know that I did not vote? The role of social norms and visibility

People behave in accordance with social norms when they feel observed or when they know their behaviour is monitored or could be disclosed. Get-Out-The-Vote experiments show that individuals are more likely to vote when told that their behaviour will be disclosed. In everyday life, however, there is much uncertainty about whether people will indeed know if one turns out to vote. I argue that fear of disapproval should only mobilize citizens to vote when they expect that their (non-)voting will be visible to others. Using original survey data from Canada, I measure expectations about whether others will vote, would disapprove if the person abstains, and will know whether they have voted or not. Furthermore, I distinguish between expectations concerning the partner, family, friends, and neighbours. Results suggest that respondents who expect others to vote are themselves more likely to vote, but I find no evidence that disapproval and visibility are related to turnout in everyday life.     

民法与经济法规范型构技术的路径分析

规范型构技术 ,是指规范生成的技术规程。我国对此问题的研究尚有待深入。笔者认为 ,规范型构技术有两种 :一为演进理性主义 ,一为建构理性主义。这两种技术与民法、经济法的规范型构具有相应的历史和逻辑一致性。民法与经济法规范型构技术的分野 ,为探寻两者的区别、界定各自的规定性提供了新的分析理路。     

谈侦查法律规范的完善

现行刑事诉讼法中侦查法律规范仍然有一些问题,应当按照侦查权力"充分但有限",侦查行为"高效而规范"的要求,从保障人权的角度出发,进一步完善侦查法律规范.     

论量刑基准

量刑基准是标准罪行的处断刑量,它不同于量刑根据。对量刑基准必须进行抽象的理解。要实现罪刑均衡,必须建立完善的量刑规则体系,而量刑基准和量刑尺度是这一体系的基础概念。为了更好地实现量刑基准设计的初衷,量刑基准规范化势在必行。     

The politics of resonance: Transnational sustainability governance in Argentina

Why do private governance initiatives trigger greater participation in one country than another? This article examines the domestic dimension of transnational regulation through a case study of private sustainability governance in Argentina. Drawing from theories of contentious politics, the argument poses that the resonance of transnational private governance is shaped by the semantic compatibility of “incoming” sustainability programs against national political culture. Analyzing the limited participation of Argentine actors in contemporary sustainability initiatives, the article claims that the validity and relevance of sustainability programs is affected by three dimensions of national political culture accentuated over the last decade: a politicized model of state‐society relations, the low visibility of environmental matters, and a widespread anti‐corporate culture. By examining the ideational fundamentals of the “politics of resonance” in Argentina, the article makes a relevant and original contribution to transnational regulation literature, highlighting the need for theoretical accounts and empirical analyses that address domestic and cultural variables as fundamental pieces in transnational norm diffusion and effectiveness.