论民族精神与国家安全

民族精神与国家安全是关系民族生存发展与国家兴衰存亡的永恒的时代主题。探讨民族精神的内涵、民族精神与国家安全的关系、弘扬民族精神的主要途径和方法,对华夏儿女振兴中华、维护国家安全都具有十分重要的意义。     

Compensation of Uncertain Lost Earnings

The present value of expected lost earnings is in the Law and Economics literature normally regarded as the amount that makes a victim fully compensated at income losses. However, the present value measure disregards risk-aversion. In the framework of the von-Neumann-Morgenstern utility theory the risk-averse victim will be made whole by a compensation smaller than the present value of the stream of uncertain lost earnings. A rule for determining an immediate certainty equivalent for lost potential earnings when the victim is risk-averse is suggested. The equivalent depends not only on the degree of risk-aversion, but also on the correlation between future losses. The legal practice varies, but in many jurisdictions judges tend to pay less than the present value for uncertain lost earnings, which is in accordance with our results.     

地方政府征地补偿机制理性分析

现行的征地补偿制度以地方政府垄断经营土地一级市场,征地按土地的原用途补偿为两大基本特征,从而构成了土地管理上的利益驱动,并与兼顾失地农民的合法权益形成了一种博弈关系。征地补偿存在为公共利益的需要征地与所有非农建设都要征地之间、土地补偿的低偿性与土地价值增值性之间、征地主体地位的强势性与农民利益保护脆弱性之间、征地建设谋发展与让被征地者分享发展成果之间等深层矛盾。完善征地补偿机制必须实行制度创新,从改革地方政府征地绩效评估机制入手,解决征地补偿、就业安置、社会保障等方面存在的突出问题。     

The “Syria traveller”: reintegration or legal sanctioning?

This article analyses discourses on Islamist radicalisation and threats of terrorism in Norway, with a focus on a new category of people known as “Syria travellers”, i.e. young Norwegians who go to Syria to fight for the Islamic State. Our analysis of debates in the media, policy documents and parliamentary discussions revealed two main narratives regarding the authorities’ response to Syria travellers: the first emphasises legal sanctions, and the second highlights the reintegration of returnees. We found that contentions about how to react to the new kind of people (the Syria travellers) are intertwined with the way these people are portrayed, understood or “made up”. In the political realm, there is also a striking consensus on the need for both reintegrative and legislative responses.     

Child Protection Law as an Independent Variable

Child protection professionals work in a multidisciplinary system in which the law and the family court play central roles and which collects an increasing amount of data. Yet we know little about what impact the law has on whether a child is removed by child protective services, is deemed neglected by a family court, or reunifies with a parent. Do state‐to‐state variations in child protection laws, or changes by individual states to their laws, lead to different outcomes for children and families? The dramatic variations in child welfare practice from one state to another suggest that legal variations do matter. Yet empirical research on these questions is scarce both because we collect too little data to measure all such issues, and, because we have failed to study the data we do have. This article is a plea for researchers to rectify that problem and for policymakers to improve data collection. Doing so would facilitate a more clear understanding of the law's effect on child protection outcomes and aid policymakers and advocates in identifying both promising and problematic practices and legal reforms.     

When Flood Victims Became State Victims: Tokwe-Mukosi,Zimbabwe

The purpose of this article is to show how victims of the Tokwe-Mukosi floods became state victims instead of being protected and assisted by the state. The research used the qualitative research design and analyzed its material collected from primary and secondary sources and presented in themes. The study benefited from the human rights and victimhood concepts in its theoretical framework. It argues that the rights of the flood victims were violated when the government failed to fulfill its obligation and promises, which included urgently allocating plots and providing financial compensation. Accordingly, the victims were left without a permanent destination, clean water, food, or access to education and health facilities. When the affected people sought redress, the state deployed outright violence, using the police and the military to force the flood victims into compliance. The victims were forced to accept the inadequate one-hectare plots without receiving the monetary compensation the government had promised. Instead of contributing toward ending the challenges faced by the flood victims, some government officials worsened their plight. They engaged in corruption during the allocation of plots and the distribution of relief aid donated by nongovernmental organizations—hence my assertion that the Tokwe-Mukosi flood victims became state victims.     

犯罪被害人补偿的理论思辨及价值评判

随着刑事政策理论的发展尤其是犯罪被害人学的发展,国家对犯罪被害人补偿问题逐渐引起社会各界的重视,而不同学者对国家补偿的认识也各不相同。要研究国家与犯罪被害人之间是否存在补偿关系,必须弄清补偿关系的法理基础,从而可以从法理学的视角去论证犯罪被害人国家补偿的价值内涵。     

浅析国家豁免的几个问题

国家豁免泛指一国的行为和财产不受另一国的立法、司法和行政等方面的管辖。国家豁免是一项国际法原则,主权平等理论是其主要法律依据。国家豁免的主体包括国家及其政府机关、联邦国家的组成单位、国家政治区分单位、国家机构或部门和其他实体、国家代表。关于国家豁免范围,许多国家先后抛弃了绝对豁免的主张,转向限制国家豁免的立场。     

行政不作为违法的国家赔偿责任研究

行政不作为是相对于行政作为而言的行政行为。行政不作为违法同样会给公民、法人及其他组织的合法权益造成损害 ,这种损害 ,国家应承担赔偿责任。在我国以法律形式确立这项赔偿责任 ,对于完善我国《国家赔偿法》和行政立法是十分必要的     

国内土地征收补偿范围存在的问题及对策探讨

在我国现行立法中,关于土地征收补偿范围的规定非常狭窄和笼统,概括来说,主要存在三个方面的不足,它未涉及间接损失的补偿、没有时土地承包经营权进行补偿、没有全面补偿失地农民的社保权益损害,应从以上三个角度来完善我国土地征收补偿范围的立法。