法律方法论课程设置及教学方法刍议

法律方法论作为方法性知识、经验性知识和技术性知识,是有效促进法律技能形成和提高的直接知识来源,法律方法论课程的设置有利于职业型和精英型法律人才的培养。法律方法论课程应单独开设并与法理学及部门法学课程的关系进行协调。根据我国当下法律方法论研究的进展和成果,可选取学界基本已达成共识的法律方法类型和体系作为法律方法论课程的教学内容。理论讲授法是法律方法论课程的基础教学方法,案例分析法是法律方法论课程的主导教学方法,实践体验法是法律方法论课程的补充教学方法。     

New Media and the Polarization of American Political Discourse

Scholars of political communication have long examined newsworthiness by focusing on the news choices of media organizations (Lewin, 1947 Lewin, K. 1947. Frontiers and group dynamics. Human Relations, 1: 143–153. [Crossref], [Web of Science ®] , [Google Scholar]; White, 1950 White, D. M. 1950. The “gate keeper”: A case study in the selection of news. Journalism Quarterly, 27: 383–390. [Web of Science ®] , [Google Scholar]; Sigal, 1973 Sigal, L. V. 1973. Reporters and officials, Lexington, MA: Heath.  [Google Scholar]; Gans, 1979 Gans, H. J. 1979. Deciding what's news, New York: Vintage Books.  [Google Scholar]). However, in recent years these traditional arbiters of the news have increasingly been joined or even supplanted in affecting the public agenda by “new media” competitors, including cable news, talk radio, and even amateur bloggers. The standards by which this new class of decision makers evaluates news are at best only partially explained by prior studies focused on professional journalists and organizations. In this study, we seek to correct this oversight by content analyzing five online news sources—including wire services, cable news, and political blog sites—in order to compare their news judgments in the months prior to, and immediately following, the 2006 midterm election. We collected all stories from Reuters' and AP's “top political news” sections. We then investigated whether a given story was also chosen to appear on each wire's top news page (indicating greater perceived newsworthiness than those that were not chosen) and compared the wires' editorial choices to those of more partisan blogs (from the left: DailyKos.com; from the right: FreeRepublic.com) and cable outlets (FoxNews.com). We find evidence of greater partisan filtering for the latter three Web sources, and relatively greater reliance on traditional newsworthiness criteria for the news wires.     

Grabbing attention: An experimental investigation of headlines during campaigns

In this article, we review two research programs that could benefit from a more extensive dialogue: media and policy studies of agenda setting. We focus on three key distinctions that divide these two robust research programs: the agenda(s) under investigation (public versus policymaking), the typical level of analysis (individual versus systemic), and framing effects (individual versus macro level). We map out these differences and their impacts on understanding the policy process. There is often a policy disconnect in the agenda-setting studies that emanate from the media tradition. Though interested in the effects of political communication, scholars from this tradition often fail to link the media to policy outcomes, policy change, or agenda change. Policy process scholars have increasingly rejected simple linear models in favor of models emphasizing complex feedback effects. This suggests a different role for the media—one of highlighting attributes in a multifaceted political reality and involvement in positive feedback cycles. Yet, political communication scholars have for the most part been insensitive to these potentials. We advocate a shared agenda centering on the role of the media in the political system from an information processing framework, emphasizing the reciprocal effects of each on the other.     

论片意离婚时当事人双方利益的衡平——在中、德两国离婚法比较的视角下

片意离婚作为离婚主要类型之一，区别于合意离婚，其直接干预了当事人的离婚意志，使双方在离婚与不离婚、财产分割以及子女抚养等方面产生了利益冲突。比较中、德两国离婚法在离婚自由的限制、离婚的救济、补偿等方面的规定，找寻片意离婚时当事人双方利益衡平的方法：设定义务或限制、位阶保护。     

Specific Patterns of Canine Scavenging in Indoor Settings

Postmortem animal mutilations due to domestic dogs in isolated domestic deaths are taphonomic modifications regularly observed by forensic pathologists. They are rarely described in the literature; however, even though they present specific patterns. Through 41 cases, 10 at the forensic institute in Lille (France) and 31 at the New York City Office of Chief Medical Examiner (USA), plus 22 cases from the literature, specific locations and patterns of postmortem scavenging lesions are proposed. These lesions are mainly distributed in three locations: the face, especially the nose and the mouth (73.1%), the neck (43.1%), and the arm (shoulder/upper limb [29.2%], hand [26.8%]). We discuss the time span between death and scavenging, the consequences on identification, and comparison with outdoor settings. Outdoor scavenging lesions are mainly located on the trunk and limbs usually sparing the head, which strongly differs from indoor distribution and imply different animal motivations.     

A cost comparison study of using global positioning system technology (electronic monitoring) in a medium secure forensic psychiatric service

‘Electronic Monitoring’ (EM) uses devices to monitor individuals’ whereabouts. In 2010, South London and Maudsley medium secure unit introduced EM to monitor individuals on leave. Analysis after two years revealed EM was associated with increased unescorted leave and reduced leave violation; however, comparative costs were not established. This study aims to compare costs of EM for patients on leave by comparing average total cost per patient with and without EM. Costs were compared before and after implementation of EM. Total cost of leave for each group was divided by number of patients to generate average total cost per patient. The average total cost per patient without EM was £1702; £1617 with EM. Although cost decreased, this was not statistically significant. The results showed no significant difference between average total costs per patient before and after EM. The finding of EM being cost-neutral is cautiously optimistic. Further trials are recommended.     

行政诉讼中“诉的利益”

诉的利益是诉讼法学中一个非常重要的概念,是指当事人在其利益受到不利影响时,寻求司法救济的必要性。诉的利益理论不仅应在防止原告滥用诉权、避免被告无端应诉和避免司法资源浪费方面发挥消极作用;更应当在权利生成方面发挥其积极作用。诉的利益的认定标准问题实际上是一个利益衡量问题。诉的利益的范围直接影响法院的主管范围、原告资格以及诉讼类型等诸多问题。     

地方性法规设定行政处罚的空间

从地方治理的现实需要出发,无论地方创制性立法设定“其他行政处罚”,还是地方执行性立法补充、增设违法行为与行政处罚,皆有其必要性与合理性。行政处罚法第12条第3款,赋予了地方执行性立法以行政处罚补充设定权,为确保地方立法机关合理行使该项权力,有必要对其适用空间加以厘定。为避免行政处罚过.多过繁,地方立法机关补充设定行政处罚时,应当遵循“非必要不设定”的原则,并综合考虑义务内容的确定性、合理性和可履行性,以及违法行为的可认定性等多项因素。地方性法规补充设定的行政处罚,只能限于上位法规定的行政处罚种类,且不能突破_上位法规定的处罚幅度。     

论中国传统司法的特质及其功能困厄

受制于其赖以存在和运行的特定社会背景和政治文化,中国传统司法被赋予了行政性、调和性及伦理性等典型特质。正是这些特质,决定了中国传统司法之定纷止争、道德教化与社会控制等独特功能及其实现困厄。对此作反思性审视,或对当下司法改革有所裨益。     

受贿罪争议问题比较研究

我国刑法关于受贿罪的规定存在一定的不足。为了更好地发挥刑法的功能,应该对我国刑法、外国刑法以及我国港澳台地区刑法关于受贿罪的规定进行比较研究,以借鉴其他国家和地区刑法的有益经验,对我国受贿罪的规定进行补充和完善。