论侵权预防责任对传统侵权法的挑战

便权预防责任是《便权责任法》创立的一种新型侵权贲任.比较法经验表明,该责任的出现是当代便权法之最新发展趋势.该责任对传统侵权贲任带来了巨大挑战,具体表现为:归责与归贲依据须重新界定,责任正当性基础遏然有别,构成要件与法律效果完全被颠覆等.回顾型的传统便权责任框架体系巴无法容纳前瞻型的侵权预防责任,故须扩容和革新,从而形成一种更具包容力的、适合未来发展的崭新侵权责任体系.     

Divided we Fall: Division Within the National Partisans of Vidzeme and Latgale,Fall 1945

Heinrihs Strods has shown that Latvia's national partisans were defeated primarily because of the overwhelming military odds they faced, but he added a secondary cause–the lack of unity in their ranks. This article explores the causes of such disunity and suggests that Björn Felder is right to see a blurring of ideological divisions as the Second World War came to an end; however, even at the height of summer 1945 there were some signs of tension, and as the likelihood of foreign intervention waned, fundamental tactical disagreements developed, disagreements which reflected different political pasts and differing visions of Latvia's future.     

探析如何防范税收执法风险

随着市场经济的深入发展和依法治税进程的加快,税收征纳双方的权力和义务得到了进一步明确,纳税人的法律意识、维权意识日益增强,加之社会各界对税收的关注程度与日俱增,税务干部的执法行为受到多层次的监督和制约,税收执法风险越来越大。因此,如何有效防范税收执法风险、增强税务干部自我保护意识,是各级税务机关面临的重要课题。本文拟对税收执法风险的界定及其表现形式、产生执法风险的原因、以及如何有效防范税收执法风险作进一步探讨分析。     

International Obligations and the Morality of War

Americans are not as religiously divided on foreign policy questions as they are over such hot-button, culture war domestic issues as abortion and gay marriage. Nevertheless, surveys suggest that Americans’ attitudes on several foreign policy fronts are consistent with a religious worldview. This analysis draws primarily on the findings of various PRC polls to examine the relationship between religion and three areas of foreign policy: the role of the USA in the world; the nature of international obligations; and the morality of war.

行政公益诉讼制度优化的三个转向

我国行政公益诉讼司法实践经历了地方探索、改革试点、全面法治三个阶段,法律体系初步建立,但在受案范围、起诉主体、诉前程序、举证责任等方面仍存在诸多缺漏.优化我国行政公益诉讼制度,应实现三个转向:立法模式实现从包容论向独立论的转变,诉讼类型实现从救济型诉讼向预防型诉讼的转变,规则构建实现从粗陋向细化的转变.通过制定《公益诉...     

The politics of genocide scholarship: the case of Bangladesh

ABSTRACT

The massive communal violence that occurred in East Pakistan in 1971 received worldwide attention at the time, but has been largely ignored since. Some scholars and other writers have denied that what took place in Bangladesh was a genocide. Journalists’ reports, expatriate testimony, refugee reports and an investigation by the International Commission of Jurists in 1972 all indicate, however, that the Pakistani army did commit genocide in Bangladesh in 1971. The political and ideological circumstances that led to the secession of East Pakistan were conducive to religious and ethnic genocide. Beachler examines the treatment by memoirists and scholars of the 1971 crisis in East Pakistan and seeks to explain the reasons why the genocide in Bangladesh has been largely ignored since the early 1970s. No ideological or partisan faction in the United States has stood to gain much from the study of the Bangladesh genocide. And the governments of Bangladesh and Pakistan have not been interested in promoting study of the mass murder and rapes that took place in 1971.     

‘The Secret Nazi Network’ and Post-World War II Latvian Émigrés in the United States

This study of post-World War II political refugees from Latvia in the United States during the 1970s and 1980s uses data from American and Latvian periodicals, printed materials and archival records to uncover the complexities in small immigrant groups’ collective memory, political position and relations with the dominant group. When a number of Latvians were accused by the Office of Special Investigations of having lied on their immigration forms about their collaboration with the Nazis, this story gained political undertones and propelled the émigré community into an intra-group debate over its history and public image.     

论高校教师的科研道德

科研道德是人们从事科研活动所应遵守的道德规范,也是衡量人们职业道德品质的重要标准。近年来在高校研究领域不同程度地出现科研道德失范现象,高校教师的科研道德问题越来越突出,引起了社会的广泛关注和重视。高校科研道德缺失的原因是多方面的。对此,首先要加强科研道德教育,加强正确科研方向引导,并从编辑出版、制度约束等方面强化学术监督和制约,提高高校教师的科研道德水平。     

Cold War redux in US–Russia relations? The effects of US media framing and public opinion of the 2008 Russia–Georgia war

This paper examines the Cold War rhetoric in US–Russia relations by looking at the 2008 Russia–Georgia war as a major breaking point. We investigate the links between media, public opinion and foreign policy. In our content analysis of the coverage in two major US newspapers, we find that the framing of the conflict was anti-Russia, especially in the initial stages of the conflict. In addition, our survey results demonstrate that an increase in the media exposure of US respondents increased the likelihood of blaming Russia exclusively in the conflict. This case study helps us understand how media can be powerful in constructing a certain narrative of an international conflict, which can then affect public perceptions of other countries. We believe that the negative framing of Russia in the US media has had important implications for the already-tenuous relations between the US and Russia by reviving and perpetuating the Cold War mentality for the public as well as for foreign policymakers.     

犯罪构成与阻却责任事由关系论

阻却责任事由理论与犯罪构成理论在犯罪论体系结构中是平行与并列的关系，二者并不互相包容。明确此点，有助于阐明阻却责任事由理论与犯罪构成理论的关系。