论消费欺诈诉讼案件证明难题的化解路径——以一个《最高人民法院公报》案例为样本的分析

消费欺诈诉讼案件中对＂欺诈＂事实的证明责任分配依＂规范说＂应由消费者承担,不应由法官裁量证明责任来改变法定的证明责任分配。法官自由裁量权应在证明评价与自由心证等环节加以运用。疑难案件的解决应坚持在严格遵循法定证明责任分配原则的基础上,通过司法实践生成诉讼证明的具体规则的路径来加以解决。     

政府应充分发挥工会在调整利益分配格局中的作用

社会和谐稳定的基础是各阶层利益相对均衡。工资协商共决,是工会维权的核心举措和基本手段;公共服务社会治理,是工会维权的相关领域。这是工会在调整社会利益格局中两个基本支点。各级政府在调整劳资利益和社会阶层利益中,运行手中行政权力资源,提供相应制度配置和物质保障,充分发挥工会的国家政权重要社会支柱作用。     

中韩农业贸易中的政治性贸易保护问题研究

在中日韩三国自由贸易区谈判即将召开的情况下,韩国农业领域的贸易保护问题已经成为阻碍中韩FTA签订的重要问题。韩国农业领域的贸易保护倾向不仅根源于福利国家体制和国家干预制度,还和韩国独特的历史和现实政治情况紧密关联,这就要求我国政府在解决该问题时除了遵循FTA基本原则外,更要兼顾社会和政治方面的对韩协调,整合中国农业出口部门,实现对农业领域自由贸易的政治护持。     

RETHINKING CHINESE EVIDENCE THEORIES AND RECONSTRUCTING SYSTEM OF EVIDENCE: “A THREAD FOR THE PEARLS OF CHINESE EVIDENCE”

This article analyses Chinese traditional evidence theories that have evolved over a long period of time, to explore which theory, between objectivity and relevancy, best represents the basic attribute and logical thread of evidence. These theories are considered in the context of issues arising in evidential adjudication, including: the “Mirror of Evidence,” truth, the probability of proof standard, the choice between a notion of pursuing 100-percent certainty in adjudication and that wrongful acquittals are better than wrongful convictions, and the statutory proof doctrine comparedwith the system of free proof. Finally, the article presents the framework of and methods for drafting provisions of procedural evidence of the People’s Court.     

Ben L. Reitman,MD: colorful critical criminologist

Ben Reitman, a medical doctor, fought throughout his life for greater sympathetic understanding of and assistance to American’s underdogs. He spent his early years living among social outcasts and riding the rails with hobos. He then teamed up with Emma Goldman to advance her political agenda of anarchist ideas and in support of free speech. After an amiable split with Goldman, he worked in Chicago, treating prostitutes, performing illegal abortions, combating venereal disease, and battling to make birth control information freely available. Reitman also associated with several of the prominent members of the University of Chicago’s stellar sociology faculty and contributed importantly to their studies of urban life.     

Embeddedness and Restructuring: Case Studies from Singapore

Free market ideology has continued its hegemonic reign notwithstanding considerable opposition. Under capitalism, the relationship between the political and economic realms is intricate. This inquiry on corporate restructuring in Singapore between the late 1990s and the early 2000s scrutinizes how a dominant state collaborated with the multinational corporations to reconstitute their accumulation regimes to outlast the business cycles. Based on six cases, the findings underscore the critical role of the state on the subject of restructuring. The peculiar configuration of the relations between the state and labour in Singapore shaped how they negotiated the restructuring process with the companies. While those involved reckoned that training, research and technology were pivotal, the foregoing were not the panacea that optimistic consultants had made them out to be. The interactions among capital, labour and the state remained the underpinnings of solutions.     

The Spatial Distribution of Postblast RDX Residue: Forensic Implications

Locating exactly where trace explosive residue samples should be sought during sample collection at bomb scenes is not specified in the published literature or guidelines; in this area, it is generally acknowledged that forensic practices are based on tradition rather than evidence. This study investigated patterns in the spatial distribution of postblast 1,3,5‐trinitro‐1,3,5‐triazocyclohexane residue from a series of unconfined detonations, over a range of sampling sites, and at two different detonation heights. The amount of residue recovered from the sites decreased as a function of distance from the center of the explosion. [Correction added after online publication 27 December 2012: In the preceding sentence, “increased” was corrected to “decreased” to agree with the conclusion of the article.] As the height of the detonations increased, more residues were found from all sampling sites. The findings of this empirical study have a number of important practical implications including determining where residue samples are best sought at crime scenes.     

工农业协调发展的体制演进考察

我国工农业发展与资源配置方式直接相关。计划经济体制下形成城乡工农业部门资源配置的隔离格局,造成农业生产的"内卷化"及城市工业低效率和高消耗的恶性循环;市场取向改革条件下形成城乡工农业部门资源配置的双向互动格局;市场机制作用下农村和农业资源向城市和非农产业逆向流动;以工哺农背景下的包容性增长体制使工农业部门资源配置和流动趋向协调。     

The problem of Irish Unionism

The paper is a critique of a recent article by Luke Martell which attempted to set out a new, non-statist and non-coercive socialist agenda. The critique suggests that coercion and repression are probably inherent to the socialist project and that Martell's proposals fail to address this. It also takes issue with Martell's proposals for limiting the role of markets and for developing local forms of corporatist agencies. The assumption that market capitalism is in some way antithetical to communal morality is also challenged on the grounds that genuine communalism is likely to arise out of voluntary co-operation rather than state-sponsored initiatives and programmes.     

Migration and the reconfiguration of Malaysia

This article examines the social impact of the 1997 financial crisis in South Korea. Although the crisis was short-lived, it has created major ripples all across the country, profoundly affecting the Koreans' lifestyle and family life as well as their values and worldview. In spite of the magnitude of the financial crisis and its social impact, scant scholarly attention has been paid to the issue, although the causes and economic impact of the crisis have been amply discussed. In view of this, the article examines major social changes brought upon by the financial crisis. The article probes, for example, how employment patterns have been deeply affected, whereby a majority of workers are now irregular workers or are underemployed. The article also demonstrates how the people's perception of work has changed and how the income gap between the rich and the poor has widened. Also discussed are, among others, the continuing discrimination against women in the workplace, rising divorce rate, increase in immigration and value conflicts over the relevance of Confucianism in contemporary Korea. In addition, the article examines the agency of the Korean people in reacting to or coping with the changing circumstances.