受虐杀夫引发的法律问题

对长期深受丈夫暴力虐待而将其杀死 ,是否属于正当防卫或防卫过当 ,即暴力虐待是否属于“正在进行的不法侵害” ,《刑法》第 2 3 2条中的“情节较轻”中的情节是指“犯罪情节”还是“量刑情节” ,怎样才算“情节较轻” ,进行了深入的探讨。     

金融分业架构中的银证银保合作

中国加入WTO,意味着中国金融业对外开放的程度将不断加强,所面临的国外金融业的竞争将更加激烈,这就要求我国金融业的发展也必须紧跟国际金融业的步伐,将混业经营作为未来发展的方向．但目前分业经营是我国的制度选择。因此,现阶段我国应在现有分业经营制度下最大程度的开展银行、证券、保险之间的合作,加强研究学习,实施产品创新、完善信息交流,并探索新的服务模式。     

A Call for Help?: How Public School Principals’ Subjective Report of Institutional Weakness Relates to Disciplinary Incidents

ABSTRACT

Disciplinary incidents at U.S. public middle- and high-schools are a public policy concern. Although businesses popularly give credence to leaders’ subjective intelligence, principals’ reports of their schools’ strengths and weaknesses are questioned. To determine whether principals’ reports carry legitimacy as indicators of student offenses, the current study utilized a nationally representative survey of principals who reported on their sense of the institution and the number of disciplinary incidents in the past year (N = 1,872; replication cohort, N = 1,833). Findings showed that the more institutional shortcomings a principal endorsed, the higher total number of incidents occurred, even after controlling for institutional strength and several indicators of school crime. These findings have policy and intervention implications for improving student outcomes, and so would be of interest to funding agencies, school administrators, teachers, and parents.     

Child sexual abuse material in child-centred institutions: situational crime prevention approaches

ABSTRACT

This paper focuses on the potential for child-centred institutions to use situational crime prevention (SCP) strategies to prevent or reduce child sexual abuse material (CSAM) offending as a distinct form of child sexual abuse (CSA). We discuss the failure of the Royal Commission into Institutional Responses to Child Sexual Abuse in Australia to address the potential for CSAM offending to occur in child-centred institutions. Our premise is that CSAM offending is markedly shaped by the situation in which it occurs, rather than by any pre-existing preparedness to offend sexually against children. In this context, SCP for CSAM offending must be considered as part of overall strategies to combat CSA in institutional settings. However, we acknowledge that effective implementation of SCP in this area is not straightforward. We consider some of the challenges in implementing SCP at an institutional level.     

互联网金融视域下的类资产证券化:交易模式、金融异化与监管逻辑

为了规避监管或监管套利,互联网金融的类资产证券化创设了新的交易模式与法律结构:债权拆分流转、信托受益权拆分流转和资产收益权拆分流转。这突破传统的法律权利类型与法律边界,改变了传统的公募、私募监管逻辑,相关法律规制面临冲击和重构。对实质开展互联网资管业务的非金融类机构监管等领域的法律滞后与模糊,造成事实上的监管真空,引发金融乱象。金融监管应坚持实质重于形式的监管原则,强化穿透式监管,厘清互联网金融创新的法律边界,推进央地监管分工的法治化、体系化,消除监管空白,避免泛化式、运动式监管。     

The March Towards Post‐Democracy,Ten Years On

Events since I published my book Post‐democracy in 2004 suggest that democracy continues to decline in effectiveness in those parts of the world where it has been most strongly established. The global financial crisis, the consequent euro crisis, the likely shape of a Transatlantic Trade and Investment Partnership (TTIP) and growing evidence of the political power of giant mass media corporations all suggest that the dominant forces in today's politics are not those of democratic will. Movements like Syriza in Greece possibly suggest a democratic reawakening, but that is too early to determine. Meanwhile, it is important also to be aware of democracy's limits, and to try to resolve the problem of post‐democracy by extending its reach beyond its competence.     

What Does ‘Collaboration’ Without Government Look Like? The Network Qualities of an Emerging Partnership

Cross‐sectoral partnerships are increasingly common in Australian human service delivery. Yet research has not often focused on partnerships where private actors broker an arrangement to address complex community needs. Using a combination of interviews, focus groups, and social network analysis (SNA), this paper investigates the network qualities of a nascent partnership between a not for profit (NFP) service provider and a major retail water company that seeks to address financial hardship. Ultimately, we assess whether this represents genuine collaboration or another form of joint action. We find that the privately steered partnership generates instrumental benefits characteristic of cross‐sectoral arrangements, as well as challenges. SNA reveals a very high degree of connection between the partner organisations, but the results suggest that the partnership is coordinative rather than collaborative. We also find that this is leading to tacit organisational and institutional modifications as the NFP assumes a ‘market facing’ posture and adjusts to the demands of working with private sector partners. However, at this early stage of development, the level of systemic adjustment between both organisations remains incomplete.     

Financial Development,Entrepreneurship and Urban-rural Inequality

Based on the panel data of prefecture-level city over 2000—2012, this article shows that financial development can reduce urban-rural inequality through entrepreneurship. Furthermore, the above relationship is related to the degree of marketization. Among the three major regions of China, it is the most remarkable in the east area where degree of marketization is the highest, the least remarkable in the western area where degree of marketization is the lowest.