我国近代以前是否存在过判例法传统

近年来,有关司法改革的讨论非常热烈,学者和法律实务部门人士呼吁借此机会建立我国的判例法制度。虽然,当前学理上有关判例法的研究日渐深入,但是有关学术方面的探讨却存在很多问题。从历史和文化的意义上来说,我国近代以前不存在判例法传统。     

我国反补贴原则及对策初探

随着我国外贸出口面临的反补贴调查情况剧增和中国完全市场经济地位的逐步确立,我国现存的某些产业补贴措施的影响,正在由潜在危胁转化为现实危害.进口国具备了同时使用"反倾销"与"反补贴"两种手段和其他的保障措施,来限制中国的产品出口的条件,给中国的出口企业带来了严重的影响.反补贴已经成为将WTO协议及相关规则融入我国法律体系和制定产业政策时必须加以认真研究的一个问题.     

工程建设商业贿赂犯罪案件侦查

近年来,工程建设商业贿赂犯罪案件数量增加,呈上升态势,及时破获此类案件是经侦部门的全新课题。本文分析了工程建设商业贿赂犯罪案件的表现,找出其特点,着重探讨了如何破获此类案件的侦查方法,以求服务于侦查实践。     

刑法因果关系问题再研究

从胡某案件人手,对国内外单独犯因果关系的学说进行了评述,并对共同犯罪因果关系的学说进行了认真的研究,肯定了毕克迈耶与牧野英一的共同犯罪因果关系学说的现代价值,以此为借鉴分析胡某案件中涉及的共同犯罪的因果关系问题,提出考察本案因果关系应遵循的整体性原则,即共犯行为间有引起与被引起的关系,它们互为条件、互相配合、纵横交错,具有单个犯罪所不具有的特殊性;各共犯的行为与犯罪结果之间无论是直接的因果关系还是间接的因果关系,都是一种不容否认的客观存在;共犯的因果关系还具有双重性的特征,即大因果关系与小因果关系.由此得出胡某与张某、江某均应以故意伤害罪论处的结论.     

Decentralization and Economic Growth: Specification,Measurement, and Direction of Causal Relationship

The concept of decentralization has attracted the attention of scholars and policy makers alike for number of decades. Yet, there still remains a significant amount of confusion over its measurement and its contribution to an economy. Current literature on decentralization is characterized by the multitude of conflicting definitions and measurement instruments. Current literature on the relationship of decentralization and economic growth is also mixed. This article builds on the existing literature and develops a decentralization index that includes its most frequently mentioned dimensions. We find that our newly developed index captures decentralization concept better than other tools and that there is no significant relationship between decentralization and economic growth.     

The European Court of Justice and its political impact

This article reviews recent advances in the study of the European Court of Justice (ECJ) and its political impact at the European and member state levels. New quantitative as well as qualitative analyses show with great empirical precision that member state preferences guide the Court. The article summarises these findings, but argues that greater attention needs to be given to the (over-)constitutionalisation of EU law in order to fully capture the political impact of ECJ jurisprudence. Even if European judges are less activist than is often assumed and individual decisions are more restrained in the face of member state opposition, incrementally, case law evolves in a highly expansive fashion. And, exercising caution regarding unrealistic expectations about quasi-deterministic judicial law-making, it is found that the Court’s constitutionalised jurisprudence impacts heavily on European and member state policy-making.     

Carpool Karaoke: deconstructing the directly lived experience of hearing oneself singing

The various ways whereby spatial conditions afford to monumentalize culture and to appropriate geographically demarcated places in terms of individual and collective meaning structures has been amply documented in urban cultural studies. However, considerably less attention has been paid to how cultural identity is produced against the background of musical temporality. By way of a phenomenological inquiry into the staged spectacle of James Corden’s (the host of CBS Network’s Late Late Show) Carpool Karaoke, this paper addresses the issues of directly lived experience and authenticity as facets of cultural identity. By critically discussing the assumptions of self-presence and auto-affectivity while singing and listening to one’s sung voice against the background of pre-recorded songs, the notion of directly lived musical experience is put to the test. Furthermore, by examining the dramaturgical scaffolding of Carpool Karaoke, the analysis points to wider implications for post-modern cultural studies in terms of an identified ironic reversal of modernist universal criteria of legitimacy in favor of a celebration of post-modern being-with inauthentically. The analysis of the selected Carpool Karaoke corpus utilizes a resourceful blend of phenomenological method, semiotics and interpretive videography while challenging embedded orthodoxies in the extant literature.     

Is Everything Compatible? A Feminist Critique of Hearn’s Composite Approach to Men and Masculinity

ABSTRACT

Since its emergence in the late 1980s, research on men and masculinity has expanded considerably into an established area at the intersection of sociology, gender studies and related disciplines. There is now a wealth of empirical research but the theoretical debates have largely centred on Connell’s notion of hegemonic masculinity. This article focuses instead on the theoretical contribution of Jeff Hearn, arguably one of the central figures within critical studies on men and masculinities over the last few decades. The article identifies the main tenets of Hearn’s theoretical writing and tracks its development over time, and offers a critical discussion of Hearn’s theoretical position. The critique focuses on ambiguous treatments of central concepts and argues that tensions between perspectives such as materialist analysis, queer theory and intersectionality are not fully acknowledged in Hearn’s work.