备战打仗中的国际人道法规则运用

国际人道法的基本原则之一是区分对待战斗员和平民,以便在武装冲突中有效地对战争受难者进行保护,平衡"军事必要"与"人道需求"这一矛盾。从实践经验上看,我军在战争中往往守法做的比较好,而在对付敌人违法作战方面准备不足。在未来军事斗争中应利用国际人道法的相关知识,做到既严格遵守又灵活运用。具体做法包括:将遵守国际人道规则列入部队训练和演习内容;运用国际人道法合理进行目标选择与打击;做到正确、灵活地对待和使用保护性标志;灵活处置国际人道法的守势反用等。     

Estimating Individual Contributions to Complex DNA SNP Mixtures.,

High‐throughput sequencing (HTS) of large panels of single nucleotide polymorphisms (SNPs) provides an alternative or complimentary approach to short tandem repeats (STRs) panels for the analysis of complex DNA mixture forensic samples. For STRs, methods to estimate individual contribution concentrations compare capillary electrophoresis peak heights, peak areas, or HTS allele read counts within a mixture. This article introduces three approaches (mean, median, and slope methods) for estimating individual DNA contributions to forensic mixtures for HTS/massively parallel sequencing (MPS) SNP panels. For SNPs, the major:minor allele ratios or counts, unique to each contributor, were compared to estimate contributor proportion within the mixture using the mean, median, and slope intercept for these alleles. The estimates for these three methods were typically within 5% of planned experimental contributions for defined mixtures.     

德国国际私法关于识别的理论和司法实践研究

德国国际私法认为，识别源于对冲突规范所使用之“体系概念”的解释，发生识别冲突的原因在于内、外国实体法存在体系差异，内国实体法体系中存在漏洞，内国实体法和国际私法之间存在体系差异。在识别冲突的解决上，存在法院地说、准据法说和独立识别说等三种主要理论。在德国国际私法的司法实践中，法院地说占据主导地位，但法院在一定程度上也采纳独立识别说，作为法院地说的必要补充。采用独立识别说时，法院一方面要对冲突规范中的体系概念进行广义解释，突破其在内国法律体系中的内涵范围，兼容外国法的相关制度；另一方面要从法律体系、文化背景等方面对外国法制度进行比较法分析，以确定其功能和目的。如果能够确认该外国制度和内国某一体系概念在目的和功能上具有对应性，就可以将该外国制度纳入该概念，从而拓展冲突规范的适用范围，否则就必须发展新的冲突规范加以应对。     

The Effects of Local Government Consolidation on Turnout: Evidence from a Quasi‐Experiment in Switzerland

In the last decades, municipal mergers have been one major element of local government reforms in Switzerland and beyond. In this article, we describe and analyze the political effects of this development. We use a quasi‐experimental setting to test the impact of municipal mergers on electoral participation. We find that in merged municipalities, the decrease in turnout is significantly stronger than in non‐merged municipalities. Further, the effect is more pronounced in relatively small localities. There is a temporal dimension to this effect—that is, turnout drops mainly in the first election after the first merger, but not so much after the second or third merger. Hence, the study provides a skeptical yet differentiated perspective on the democratic consequences of municipal mergers and points to further research avenues to develop a more comprehensive understanding of local government consolidation.     

The Impact of Child‐Parent Psychotherapy on Child Dependency Court Outcomes

Although parental compliance with court orders in child welfare cases is key to achieving physical parent‐child reunification and successful case closure, little research has examined how parent‐child relationship‐focused rehabilitative services uniquely influence case outcomes. This project fills this gap by investigating links between court ordering of and parental participation in Child‐Parent Psychotherapy (CPP) with court outcomes. Data were obtained from court records of 448 court‐involved parents. Hierarchical regressions revealed that greater participation in CPP led to reunification and successful case closure but not faster case closure. Courtroom professionals should consider parent‐child relationship‐based therapies as tools for achieving child welfare goals.     

制约和谐社会构建的法律问题及对策研究

和谐社会不仅是人与人之间、人与社会之间在经济、政治、文化等各个领域的和谐,也是人和自然的和谐,在市场经济体制下以法治为基本方策来构建和谐社会应是最佳选择.应以和谐社会的内涵与特征解读为逻辑起点,从现存法律制度中存在的主要弊端入手,对现存法律问题进行具体分析,进而为构建和谐社会的法律保障提供基本的路径选择.     

胁从犯的不合理性

胁从犯是我国刑法共同犯罪人分类中的一种独特类型。我国刑法按照行为人在共同犯罪中的作用大小将共同犯罪人分为主犯、从犯、胁从犯。无论是从保护人权的角度考虑,还是从立法科学性的视角考量,都应当取消胁从犯的概念,对因受胁迫而实施了危害社会的行为的主体不作罪犯处理。     

Did Jamie Oliver Really Put School Dinners on the Agenda? An Examination of the Role of the Media in Policy Making

Healthy eating is high on the government's agenda in current times and to all intents and purposes the media appears to have played a crucial role in putting it there. While media focus is no doubt intense and playing a vital role in public education (take Jamie Oliver's 2005 Channel 4 documentary, ‘School dinners’, for example), the question that lies at the heart of this article, is whether the media has led the government agenda on healthy eating and school dinners as appears to be the case. A close examination of the evidence suggests otherwise: government policy was already well set before the media began to show a concerted interest and hence its influence on policy‐making is more limited than might be expected. Rather than setting agendas per se, the media's role has been to refine and energise existing policy areas and to facilitate implementation.     

Ordering Disorder – On the Perplexities of the Partnership Literature

The literature on public‐private partnerships (PPP) has proliferated in recent years. However, confusion about the actual meaning of PPP still abounds. As a consequence, contradicting findings and statements about PPP flourish in the literature. This article reviews the literature, and argues that there are different streams of PPP research which operate with qualitatively different notions of the PPP concept. Accordingly the literature is divided into four different PPP ‘approaches’. By doing so the article offers some clarification concerning an increasingly complex concept. The article concludes that an authoritative definition of PPP – one that can encompass all the different variations of the concept currently in use – is not logically possible.     

Living and Teaching Across Cultures

As long as one lives within the confines of a single culture it is difficult to achieve cross-cultural awareness. Multiculturalism is often simply the tolerance of a dominant culture for minority cultures. Cross-cultural awareness is a state of mind in which one is alert to alternity , the existence of others possessing different and equally valid world views and ways of life. This can be acquired living within or alongside other cultures, when one's own and others' strangeness become readily apparent. Culture shock involves just such a realization. The challenge for the teacher of international relations is to convey the possibility of alternity to students in the classroom. After all, international relations is above all about the interaction between communities possessing separate identities and autonomous wills. The article discusses ways of cultivating cross-cultural awareness, comparing the difficulties of doing so in a society under siege—Israel—with the greater scope available in the cosmopolitan setting of an elite American university.