中国公物立法初探

公物法可以归入行政组织法、给付行政法、经济行政法、环境法、行政行为法或者公共设施法。不得违背公物命名目的、平等对待、利益衡量以及保障利用人合法权益是其不可缺少的基本原则。基于我国国情,我国有必要制定《公物管理法通则》。其内容应当围绕公物公共用途的保护,结合公物管理行为的特点,重点规范公物管理行为。     

城市地下空间开发之立法初探

我国城市发展速度不断加快,土地利用与土地资源的稀缺性之间的矛盾日益加剧,城市地下空间开发利用已经成为不争的事实。在土地平面开发模式逐渐转变为立体开发模式的过程中,地下空间的开发利用及其使用权管理相关的诸多问题没有被妥善处理,尚欠缺系统的城市规划法律规范。笔者基于我国城市地下空间开发利用之法律缺陷,借鉴国外城市地下空间的立法经验,拟对开发我国城市地下空间的立法提出建议。     

Innocent of the crime under investigation: suspects’ counter-interrogation strategies and statement-evidence inconsistency in strategic vs. non-strategic interviews

ABSTRACT

The study examines the counter-interrogation strategies applied by mock suspects (N?=?94), who are innocent of a mock crime under investigation but who were present at the scene, for different reasons, at around the time the crime occurred. Half were present at the crime scene to carry out a lawful act, the other half to carry out an unlawful act. Furthermore, this study examines the effect of the Strategic Use of Evidence (SUE) technique as a strategic interviewing technique (vs. a non-strategic technique), on suspects’ statement-evidence inconsistencies. Participants were randomly assigned to the two interview conditions (strategic vs. non-strategic) and were interviewed as suspects of a crime, which none of them had committed. The results show that the most commonly used counter-interrogation strategy in both groups was to be honest. However, 26.1% of the innocent suspects, performing an unlawful act, reported the strategy to be deceptive. In addition, the statements of suspects executing an unlawful act were significantly more inconsistent with the evidence in the strategic than the non-strategic interview condition. The increased statement-evidence inconsistency rates potentially put these suspects at risk of being assessed as guilty of a crime they did not commit.     

Searching for Livelihood Security: Land and Mobility in Burkina Faso

The incremental approach to land reform in sub-Saharan Africa constitutes a rapprochement between proponents of the introduction of private property regimes and their critics. The incrementalists recognise that local tenure regimes can change and that they should be the basis of any land-reform programme. This article argues that an important gap remains with regard to the dynamics of tenure arrangements observed in a highly insecure environment, because the incremental approach retains a western-type of tenure security as its ultimate goal. Geographic mobility of actors and fields is essential to the protection of livelihoods in the north-central region of Burkina Faso. This mobility not only is made possible by the prevailing land tenure regime but also underpins its flexibility and allows the merging and shifting of rights. All of this argues against the establishment of western-type tenure security and in favour of the maintenance of flexible resource tenure regimes - a model discussed in recent years in relation to pastoral land use in drylands. This would have the additional advantage of integrating understandings of, and approaches to, pastoralists' and crop-farmers' land use in regions where these population groups already intermingle.     

Steven Chaffee and the Future of Political Communication Research

This article discusses four basic characteristics of Steven Chaffee's research: going beyond the "common research wisdom," careful explication of concepts, avoiding unsubstantiated charges against the media, and investigation of the social aspects of communication. The evolution of political socialization research is used as an example of how these characteristics have strengthened Chaffee's contribution to that area and to the larger field of political communication. It is argued that the future of this field would benefit from emulation of these characteristics. Continuing problems of political communication research are noted, and various emerging problems are discussed.     

Attention to Counter-Attitudinal Messages in a State Election Campaign

Research following the "selective exposure" model has focused on avoidance of political messages with which a person might disagree. But positive attention to such "counter-attitudinal" messages is worthy of study, in part because normative theories of democracy value exposure to information that might disturb citizens' political predispositions. Surveys of youth (N = 417) and parents (N = 430) examine attention to newspaper, television, and Web messages about candidates. While there is somewhat more attention to messages about and for a person's favored political candidate or party, forms of political involvement (knowledge, curiosity, and discussion) that predict this "attitude-consistent" attention also predict counter-attitudinal attention at least as strongly. Parents' education and students' exposure to civics lessons also predict both kinds of attention. These results suggest that attention to counterattitudinal political messages is worthy of further study as an important goal of political socialization and a criterion of citizen performance in democracy.     

Single-party government,Prime Minister psychology,and the diversionary use of force: theory and evidence from the British case

ABSTRACT

This paper develops expectations about the likelihood of diversionary conflict initiation by parliamentary democracies with single-party majoritarian (SPM) governments. While most of the literature on diversion and governmental arrangement claims that SPMs have little incentive and/or limited capacity to execute diversionary gambits, we contend that the structural and environmental impetuses for diversion in such states are in fact largely indeterminate. We posit that the psychological attributes of prime ministers under SPM – in particular, their level of distrust – is the most important predictor of how they view structural and environmental constraints, and thus of whether they will militarily divert from poor economic conditions. Distrustful prime ministers are predisposed to the use of force, will dwell on the costs of economic problems, and fear that co-partisan MPs (especially in the cabinet) have designs on their office. Thus, despite having a legislative majority, these leaders will choose diversionary conflict over economic policy fixes. We conduct a partial test of this hypothesis in the British case from 1945 to 2007, and our analyses provide robust support.     

文书写作中模糊语言的使用

在公安文书写作中,不仅需要确定性语言,同样需要运用无法确定其外延的模糊性语言。模糊语言有其特征和不可替代的作用,在公安文书的写作中应根据具体情况,恰当使用模糊语言,使公安文书正确地反映客观事实,发挥其应有的作用。     

土地关系宏观调控规范若干问题探讨

由于我国没有宏观调控法 ,土地关系中的宏观调控规范欠缺基本指引。我国现行土地法规范、土地规划制度、土地用途管理制度都有待探讨完善 ,而对土地法中的宏观调控问题理论上鲜有涉及 ,必须加强研究探讨 ,促进土地宏观调控规范的制定和实施 ,尤其要根据目前的新情况 ,关注、重视土地关系宏观调控决策的民主性 ,以完善土地法规范。     

全球视域下交战规则的起源与发展

交战规则作为控制军队武力使用的基本手段之一，在古代军事实践中就出现萌芽。现代交战规则首先产生于朝鲜战争中美军的实践，并在越南战争中得到检验和迅速发展。英军、联合国维和部队等也发展形成了各自的交战规则。20世纪80年代，交战规则理论开始进入整合和稳定发展阶段，美军、北约、联合国等主要国家和国际组织相继出台标准交战规则。21世纪，越来越多的发展中国家开始发展各自的交战规则。