近十年来张家山汉简《二年律令》中的刑罚研究述评

相继出土的甘肃居延汉简、湖北江陵张家山汉简等竹简填补了对西汉初期法律制度研究的空白.近十年来,张家山汉简《二年律令》刑罚的研究主要集中于对刑罚体系研究和具体刑名考证为内容的刑罚法律制度的研究,对刑罚适用一般原则和具体刑罚的适用原则为内容的刑罚适用方面的研究,以及汉初刑罚法律思想的研究.不足之处在于对刑罚的执行和刑罚的消灭制度研究不够;与同时期的其他简牍文献的比较研究尚且不够,并且对一些问题必须重新审视并考证研究.     

科学发展观视角下基层统战文化软实力的建设思考——以浙江省余姚市为例

科学发展观,是党中央在十六届三中全会上首次提出的发展战略.这对于余姚经济社会发展的方向、模式、路径都产生极大的影响.而十七大,又首次把文化软实力写进党的工作报告,向全党提出要“提高国家的文化软实力”的战略要求.此要求的提出,不仅为余姚市经济社会的进一步发展指明了方向,也为余姚市如何加快提升城市文化软实力、尤其是统战文化...     

Margaret Fuller's Rome and the problem of provincial American democracy

ABSTRACT

Margaret Fuller's visit to Italy as a correspondent for the New York Tribune at the time of the 1848 revolutions gave her a unique perspective on them, not only as a feminist intellectual but also as a commentator on the American relationship with revolutionary Europe. In her Tribune writings she addressed issues at once more partisan and more global than those she had covered inside the United States, including the political condition of Italy as a subject state under Austrian imperial control, and as an object of ridicule by many American observers, and the condition of American slavery. Italian peoples and slaves, in her mind, were, like women, oppressed by a transatlantic patriarchy whose prejudices allowed only for white males to enjoy political independence. Fuller called for American support for the Roman republic, but her sympathies did not reflect the thrust of American opinion. Many Americans did not believe Italians were capable of maintaining republican self-government, which was different, they alleged, from their own version, part of the inheritance of the American Revolution. That heritage conferred a unique American revolutionary ‘exceptionalism’. For these Americans, the 1848 revolutions provided evidence that Europe was impulsive, reactionary and flawed; they saw in them confirmation of the superiority of American race relations and democratic society. After her death in 1850, the American Civil War would confirm Fuller's implicit sense that the United States and Europe were more alike than many Americans of her generation believed or realized. Her critique of American attitudes to the prospect for democracy in Italy provides perspective on the ambiguity of American global leadership today.     

Faithful Servants and Dangerous Beasts: Race,Nationalism and Historical Mythmaking

Quispel explores the relationship between racism, nationalism and historical mythmaking. When comparing the role played by antisemitism and racism in nationalist ideologies in Europe, South Africa and the American South some common features emerge: in all three cases nationalism has employed historical myths to prove not only the superiority of the 'own group', but also the inferiority of 'others'. However, in both South Africa and the American South, there was an important change. At first these myths were used to interpret a recent past in which people of European descent, the English and the Yankees respectively, had been the enemy. During the process of white reconciliation, which gathered momentum in the South during the last decade of the nineteenth century, and more slowly in South Africa during the 1930s, the character of the mythologies started to shift. In South Africa anti-British myths, like Slagtersnek, gave way to myths concerning the battle at the Bloedrivier in which anti-African elements were much more prominent. In the American South pre-Civil War society came to be seen as perhaps as close to paradise as human society could achieve. Even Blacks were depicted as having been happy: being slaves under the close supervision of their white masters helped them to control their dark passions and to perform the task that God had created them for in the first place, hard physical labour to boost the white economy. After emancipation things changed dramatically. Without white supervision Blacks were seen as regressing to a natural primitive state. Historical myths then became an important justification for white supremacy.     

Kenneth B. Clark and the problem of power

ABSTRACT

During the early 1960s African American psychologist Kenneth B. Clark, known primarily for his involvement in the 1954 Brown v. Board of Education US Supreme Court desegregation decision, began organizing an ambitious anti-poverty programme called Harlem Youth Opportunities Unlimited, Inc. (HARYOU). Dissatisfied by the lack of progress in school desegregation in New York City and discouraged by the inability of traditional social welfare organizations to address the problems of race and poverty, Clark argued that a new approach had to be developed to mobilize the black poor to gain the political and economic power that would solve their problems. At the same time, he theorized that a new form of racial segregation was beginning to develop in urban areas that foreshadowed increasing social isolation, economic dependence and declining municipal services for many African Americans. He called this new development ‘internal colonialism’ and hoped that HARYOU would be a demonstration project in the Kennedy–Johnson administration's War on Poverty that would address these problems from multiple perspectives. Nonetheless, the plan aroused the political opposition of Harlem Congressman Adam Clayton Powell. The dispute with Powell drove Clark from HARYOU and caused him to re-evaluate his thinking regarding African American leadership. He increasingly viewed the ‘ghetto’ as both a prison and a cocoon that satisfied white and black social, economic, political and psychological needs. By the end of his HARYOU experience, Clark coined the term ‘the new American dilemma’ to describe and theorize about an increasingly isolated and powerless black population in many urban centres. The term also signified his belief that the problem of power was intricately tied up in, while also separate from, the problem of race.     

BUDDING INDO-MYANMAR RELATIONS: RISING BUT LIMITED CHALLENGES FOR CHINA

There is a big gap on the study of Indo-Myanmar relations between India and China, in which the Indian experts are mainly concerned about the serious consequences of the China factor, while few Chinese scholars focus on Indo-Myanmar relations. This article, therefore, looks into the post-Cold War Indo-Myanmar relations from a Chinese perspective, so as to fill the research gap. It argues that India's influence upon Sino-Myanmar relations is actually marginal, though it has established a budding relationship with Myanmar through deepening political engagement, naval cooperation and physical connectivity with the country. The main reason is that India lacks full capability to develop the bilateral relations with Myanmar and thus compete fully with China. Additionally, the suspicion and resistance from the Burmese elite and local communities constitutes another major obstacle to the further engagement between India and Myanmar. Naypyidaw, notwithstanding its efforts to advance Indo-Myanmar relations, would prefer to gain benefits from both China and India.     

六方会谈重启的必然性及难点分析

自朝鲜退出六方会谈以来,朝鲜半岛局势日趋紧张。深入分析朝鲜半岛时局变化特征,找出半岛危机频发的根源,采取合理的应对措施极为重要。由于朝鲜半岛时局危机频发,作为多边对话机制的六方会谈的重要性越来越突出,其意义已经超出和平解决朝核问题本身,成为维护地区局势稳定的需要。鉴于六方会谈有关各国立场和实际努力,六方会谈重启只是时间问题,重新开启六方会谈也将有效推动朝韩、朝美关系改善。     

历史精神与宪法:严复《政治讲义》论析

在严复的著译作品中,1906年出版的《政治讲义》是惟一一部专门阐述"政治科学"的著作,这使该文本在思想史上具有独特的意义。严复用历史的、比较的方法阐释政治学说,同时,也清楚地表明了自己坚持君主立宪的主张。本文尝试从宪政史的角度对严复君主立宪思想的背景与特质进行分析,重点考察严复那一代知识人思考政治法律问题的方法。同时,对严复在《政治讲义》中提出的量化的自由观、有责任的政府观、地方自治论等进行阐释。     

用Y-STR单倍型推断男性个体来源的分析

目的 利用17个Y-STR单倍型数据,推断分析浙江绍兴地区男性个体来源,为Y-STR数据库的建设与应用提供依据.方法 采集绍兴地区6县(市)区,104个镇(乡),1240个村的138个姓氏家族的7384份男性个体血样.采用YfilerTM复合扩增试剂盒进行17个Y-STR分型,所得数据进行县(市/区)/镇(乡/街道)/村/姓氏的组合和县(市/区)/镇(乡/街道)/村/姓氏/单倍型组合分布情况统计分析.结果 在7384份男性样本中,获得2 486种县(市/区)/镇(乡/街道)/村/姓氏组合,4957种县(市/区)/镇(乡/街道)/村/姓氏/单倍型组合,3149种Y-STR单倍型.其单倍型出现的次数从1至52次不等,其中仅出现1次的有2 471种(78.47％).对出现频率为17～ 52次的单倍型数据进行姓氏分析,发现平均有71.0％ (42.9％ ～87.5％)的人员来自同一姓氏,且在地域上多数为相邻镇或村的同姓人员.结论 利用Yfiler系统的17个Y-STR基因座单倍型数据,可以推断浙江绍兴地区男性个体的地域或姓氏来源.     

房地产的财税法调控研究

对房地产调控的税收措施相对比较完善,但"土地财政"却消解了部分税收调控作用。要改革财政体制,在体制内增强地方财力,改变地方对"土地财政"的依赖,取消对个人自住房产免纳房产税的规定,强化土地增税清算、完善并严格执行"二手房"交易相关税收政策,降低房产交易价格,抑制投机购房,发挥财税制度对房地产的调控作用。