行政征收的法律规制论纲

公民财产权的排他性支配属性及其在公民权利体系中的地位呼唤法律对行政征收进行有效规制。首先,行政征收立法应遵守法律保留原则,并以公共利益条款限制征收目的。其次,行政征收程序应吸纳正当法律程序的精髓——参与,并且这一参与应是有效参与。最后,在不得不征收公民财产时,行政机关应给予公平补偿。     

公平竞争权之质疑——对《最高人民法院关于执行〈中华人民共和国行政诉讼法〉若干问题的解释》第13条的重新审视

根据《最高人民法院关于执行〈中华人民共和国行政诉讼法〉若干问题的解释》第13条规定,若具体行政行为涉及相关主体公平竞争权,则应赋予相关主体原告资格。在竞争法学研究中,有从法学理论角度将反不正当竞争法所保护的经营者合法权益概括为公平竞争权,亦有从司法实践中试图发现并提炼出经营者公平竞争权。为审慎对待该新型权利的创设和生成,有必要结合竞争法和行政法相关理论和司法实践,对公平竞争权是否应当成为法定权利进行评析。     

生态文明诉求下的法律制度“绿色化”论纲

以法律形式推进生态文明建设，需要法律进行革新，向绿色化、生态化变革。以适应生态文明建设需求，适应保护环境的要求。这一变革既为生态文明所诉求，也将保障生态文明建设。构建法律的生态文明观，其公平观要从代内公平向代际公平嬗变，其效益观要从经济效益到经济效益、社会效益、生态效益相统一嬗变，其秩序观要从人类中心主义向生态主义嬗变。宪法中需创设环境权，确立可持续发展战略的宪法地位；刑法中重新界定环境犯罪，在惩治危害环境罪的立法中规定举动犯和危险犯；承认自然资源的财产价值和所有权；将环境保护纳入经济和社会发展规划、计划、各项政策和措施，建设绿色税制；构建环境公益诉讼制度。     

Conclusion: International Political Economy—The Reverse Salient of Innovation Theory

This conclusion attempts to answer three sets of questions regarding our experiment in cross-field collaboration: What did we find and were these findings cohesive? What did our findings add to the debate? What are the implications of our findings, and, more importantly, what's next? It suggests that politics have become a "reverse salient" in innovation theory. Specifically, innovation scholars have yet to devise a theory that fully incorporates distributive politics and their security and competitiveness implications into a general explanation of technological change. This gap is holding back progress in fields that depend on innovation as an explanatory variable. It should therefore be made a priority for innovation scholars across the social sciences.     

美国外交政策中的"国家重建"问题

美国外交政策中的“国家重建”行为是当代国际政治中十分重要的现象。美国外交政策中的“国家重建”与干涉及维和密切相联。干涉、维和与“国家重建”往往与危机和冲突有关,可以视为解决危机和冲突的不同模式。美国外交政策中的“国家重建”行为常常违反了国际法和国家关系的最主要的原则,不能从根本上解决目标国的危机和冲突,是实现其国家利益的一种手段。     

界定想象竞合犯概念时应注意的几个关键词

一行为触犯数罪名，是想象竞合犯概念中的基本架构。在这个基本架构中，是否还需要一些关键词附着在一行为和数罪名上，用以修饰、限制和连接一行为和数罪名，是界定想象竞合犯理论概念时应当注意的问题。因此，学界在定义想象竞合犯时，不应当忽视诸如犯意与罪过、结果与法益、同时性等旨在说明想象竞合犯质的规定性的关键词，并厘清这些关键词在想象竞合犯中的地位和作用。     

A city-level analysis of property crime clearance rates

Theft, burglary, and vehicle theft are among the most frequently committed and least commonly cleared Part I offenses in the United States, but have received disproportionately little attention in the clearance literature. This study contributes to recent efforts to remedy this shortage by presenting offense-specific analyses of burglary, larceny, and vehicle theft clearance rates in a sample of 110 large US cities. Data were gathered from the Uniform Crime Report, the Law Enforcement Management and Administrative Statistics survey, and the American Community Survey. Independent variables comprised social disorganization measures (e.g. residential instability, poverty, etc.) and policing variables, including the use of broken windows policing. Although broken windows policing is related to higher clearance rates in a few prior studies, that effect was not observed in the present work. Racial diversity and police spending per capita (which were negatively associated with clearance rates) were the only variables that were significantly associated with the clearance of all three crimes.     

Beyond incubation: an analysis of firm survival and exit dynamics in the post-graduation period

With regard to the survival rates of business incubator (BI) firms, the literature mainly presents findings of failure rates only during the incubation period. Little is known about the survival or exit dynamics of firms after leaving the incubator facilities. This study approaches this research question by examining the survival of 352 firms from five German BIs after their graduation. The findings suggest that graduation causes an immediate negative effect on survivability that lasts up to 3 years after leaving the incubators. Furthermore, heterogeneous patterns of post-graduation exit dynamics between the BIs were observed. It was also found that performance during the incubation period is an indicator of the propensity of business closure after graduation. This study offers valuable insights and implications for all stakeholders of BI-initiatives.      

Cumulative impact: Why prison sentences have increased*

Why has the probability of going to prison after a felony conviction increased since the early 1980s? Social scientists often try to answer this question through macro‐level research that is aimed at examining correlations between prison admissions and crime rates or sociopolitical characteristics of states. That type of macro‐level inquiry, however, does not allow for a close examination of how characteristics of offenders changed over time, and whether such changes are consequential for understanding trends in the use of imprisonment. In the current study, I take a different approach—one in which case‐level data are observed over a lengthy time span—to investigate why the likelihood of going to prison for a given crime persistently increased for several decades. The results of analyses of more than 350,000 felony cases sentenced in Minnesota during a 33‐year period show that the probability of a defendant receiving a prison sentence increased from 1981 to 2013, as would be expected. The primary reason for the rising probability of imprisonment was the significant increase in the average offender's criminal record, which more than doubled during the observation period.     

Revisiting the Relationship Between the Economy and Crime: The Role of the Shadow Economy

Despite decades of research exploring the relationship between the economy and crime, there is a lack of clarity in this literature. Questions remain, particularly with respect to how the economy is measured and whether the relationship between the economy and crime is the same across contexts. The literature to date has overlooked what is called the “shadow” economy, which represents unreported economic activity. We examine the relationship between traditional measures of the legitimate economy (e.g. unemployment) and crime as well as whether the shadow economy moderates this relationship using a panel of U.S. states from 1997 to 2008. Our results show that the shadow economy reduces the strength of the relationship between the legitimate economy and crime, and the effect of the economy on crime is conditional on the size of the shadow economy.