抵押合同债法效力的解释进路

《中华人民共和国民法典》第400条承袭《中华人民共和国物权法》第185条对《中华人民共和国担保法》第41条规定的抵押合同生效模式进行了改变,但同样未就抵押合同的债法效力问题作出明文规定。《中华人民共和国民法典》颁布前,就登记要件主义下抵押未登记时的抵押人责任,既有理论和司法实践将《中华人民共和国合同法》第107条之适用视为当然,对此,应当予以系统反思。就债法面向的抵押合同及抵押登记义务,在保证合同进路与买卖合同进路之外,存在以原因行为无偿性为切入点的赠与合同解释路径,抵押合同(之债权行为面向)之无名部分可以类推适用《中华人民共和国民法典》合同编赠与合同规则;进而,抵押登记义务因《中华人民共和国民法典》第658条第1款之任意撤销权而应予以柔化,从而使得《中华人民共和国民法典》第577条之当然适用一般性地落空;同时,柔化之抵押登记义务,可据《中华人民共和国民法典》第658条第2款之公证再予以要式强化;抵押登记义务柔化几乎一概性地排除了抵押人违约责任的证立,但债权人利益保护仍得于"三层次担保结构"中渐次加持而得以周全。     

论我国监狱管理行为的司法审查

特别权力关系理论的渗透以及对监狱管理行为性质认识的误区,导致监狱管理行为长期游离于司法审查范围之外,导致服刑人员权益得不到切实维护。将监狱管理行为纳入司法审查具有重要意义,但基于服刑人员的特殊地位,只有日常的、涉及到"重要事项"的监狱管理行为,且在服刑人员穷尽内部救济的情况下才能提起诉讼。     

Developmental Trajectories and Intentional Actions

The article turns a critical eye on problems arising from use of largesamples and complicated statistics to handle multilevel designs. I arguethat although these have a legitimate role to play in discovering causalrelations, valuable information can be lost or distorted in the processof their use. Exploratory classification and tree diagrams show howtransitional analyses can unpack effects of community, family, priormisbehavior, juvenile delinquency, and incarceration on adult criminalbehavior. The analyses showed that in the worst neighborhoods, disruptivebehavior had little discriminating power with regard to juveniledelinquency or adult crime. They showed also that good family interactionsserve as protection against crime in all types of neighborhoods. ConstructTheory, I suggest, is a way to understand the influences that seem toproduce criminal behavior.     

知识产权领域的反竞争行为及其法律规制

知识产权的设定与行使既促进竞争又不可避免地限制竞争,知识产权保护制度是在限制竞争的基础上最大限度地促进竞争。在知识产权领域,本身也存在反竞争行为,具体可分为可容忍的反竞争行为和应受管制的反竞争行为。对于知识产权滥用导致的反竞争行为应受到知识产权法自身规范、民法基本原则以及竞争法的规制。     

Patterns of Problem Behavior in Relation to Thriving and Precocious Behavior in Late Adolescence

Several studies have indicated that an early onset of delinquent and problem behaviors is associated with a greater risk of subsequent behavioral and mental health problems. This study builds on that literature by examining histories of behavior problems in relation to indicators of thriving and precocious behavior during late adolescence. Using longitudinal data from 289 high-risk adolescents, participants were classified according to their problem behavior histories at ages 15 and 19. Findings indicated that although some adolescents experienced decline over time in their overt behavior problems, those youth showed fewer indicators of thriving when compared to adolescents with no history of behavior problems. Youth with an earlier onset of behavior problems also evinced an increased risk for precocious behavior. Gender differences and implications for prevention through youth development programming are discussed.

The Impact of Maternal Relationship Quality on Emerging Adults’ Prosocial Tendencies: Indirect Effects via Regulation of Prosocial Values

Studies document that parents serve as children’s primary socialization agents, particularly for moral development and prosocial behavior; however, less is known regarding parental influences on prosocial outcomes during the transition to adulthood. The purpose of this study was to investigate how mother–child relationship quality was related to prosocial tendencies via emerging adults’ regulation of prosocial values. Participants included 228 undergraduate students (ranging from 18 to 25 years; 90% European American) and their mothers (ranging from 38 to 59 years) from four locations across the United States. Path analyses using structural equation modeling revealed that mother–child relationship quality was related to emerging adults’ regulation of prosocial values, which was, in turn, related to emerging adults’ prosocial tendencies. Specifically, emerging adults who reported higher levels of internal regulation of prosocial values were more likely to report prosocial tendencies that de-emphasized themselves, and were less likely to report prosocial tendencies for the approval of others.

The Denial of Virtue

When a New York City man risked his own life to save a stranger on the subway tracks, the New York Times interpreted his behavior not in terms of virtue but as a product of certain ‘hard-wiring’ he happened to possess. In denying virtue, the Times followed a school of thought that is pervasive in social science (referred to in this paper as the ‘individualists’) who, for example, explain charitable donations by pointing out tax deductions, explain volunteer work by revealing the opportunities contained therein to meet other singles, and so on. Actually, the assumptions and arguments which ground this widespread ‘denial of virtue’ are both empirically and normatively flawed, and the theory itself is belied by data about people doing good for moral reasons. Evidence drawn from personal introspection, from empirical studies of human behavior, from analysis of voting as a civil act, from interpreting peoples’ reaction to Alzheimer’s disease, from critical inspection of the logic of ‘individualist’ social explanations, and from a normative criticism of the products of the ‘individualist’ approach all support a rejection of the ‘individualist’ approach. The deniers of virtue should heed the evidence and pay mind to the amoralizing consequences of their erroneous theories.

Mobilizing the Seldom Voter: Campaign Contact and Effects in High-Profile Elections

Decades of research suggests that campaign contact together with an advantageous socioeconomic profile increases the likelihood of casting a ballot. Measurement and modeling handicaps permit a lingering uncertainty about campaign communication as a source of political mobilization however. Using data from a uniquely detailed telephone survey conducted in a pair of highly competitive 2002 U.S. Senate races, we further investigate who gets contacted, in what form, and with what effect. We conclude that even in high-profile, high-dollar races the most important determinant of voter turnout is vote history, but that holding this variable constant reveals a positive effect for campaign communication among “seldom” voters, registered but rarely active participants who—ironically—are less likely than regular or intermittent voters to receive such communication.

Voting Advice Applications and Electoral Participation: A Multi-Method Study

Voting Advice Applications (VAAs) help users casting a vote by offering an explicit ranking of viable options. The wide amount of readily available information provided by VAAs to users has been shown to contribute to reducing the transactional costs involved in gathering relevant political information. Available evidence also supports the idea that VAA users are more likely to cast a ballot in elections as a result. The extent to which electoral participation is caused by using a VAA, however, remains unclear. Against this background, we reassess the mobilizing effect of VAAs by means of a multi-method approach. Our cross-sectional analysis of 12 national election study data sets provides further support to the idea that VAA usage increases users’ chances of casting a ballot in elections as compared to non-users. This conclusion is strengthened by the results of a randomized field experiment conducted in the context of the 2013 Italian parliamentary election.     

论科学发展观的五种形态

科学发展观作为一种理论体系,首先体现为一种理论形态,而在具体的社会实践中又必然呈现出诸多状态,是理论形态、观念形态、行为形态、政策形态和制度形态的统一体。只有对科学发展观五种形态有了明晰,才能深刻领会科学发展观的价值,将科学发展观真正落到实处。