对法本质认识的科学主义倾向之批判

由于因果律在根源上的证据不充分,因此以因果律为基础的科学方法对法律本质的认识存在问题.放弃因果律为前提,以追求最大盖然性为目标的科学方法,进入法学将会导致法学的实用主义,忽略人的价值;坚持因果律的科学方法,虽然可以很好地解决休谟难题,但必然会推导至彻底的决定论而丧失人类的自由意志,抹杀人的价值.法哲学研究应对理性与非理性同等尊重,关注客观性的同时,也关注个人的价值.     

我国事业单位收入分配改革研究

随着经济社会的快速发展,事业单位改革被提上议程,搞活事业单位内部收入分配,是充分调动广大职工积极性和创造性的重要手段,也是事业单位改革的重点、难点。收入分配改革经历了等级工资制、结构工资制、职务等级工资制、绩效工资制四个阶段的发展,但在分配制度、分配关系以及分配秩序等方面还存在一定的缺陷和不足。对事业单位收入分配制度改革进行战略设计与路径分析,旨在通过建立事业单位收入分配配套制度、完善绩效工资制度,在关键岗位实行特殊制度等方面实现分配机制的多元化。     

浅议刑事诉讼严格证明与自由证明之适用范围

刑事证明规则的核心内容是对证明对象进行严格证明与自由证明。两种不同证明方法的适用,是证据法领域中程序正义和诉讼效率的体现。在司法实践中,区分严格证明与自由证明方法的适用范围则是关键。各国关于严格证明与自由证明的立法规定以及国内外学者的理论争论也多集中于此。一般来说,由于定罪事实涉及案件实体处理结果及被告之重大权益,对其应采用严格证明的方法,而对量刑事实则可自由证明;对程序性事实应该根据其自身不同的法律属性而分别采用不同的证明方法。     

论“着重保护劳动所得”

劳动所得是市场决定资源配置的本质要求,保护劳动所得就是保护劳动价值,保护市场公平。劳动所得得不到保护必然扭曲市场的决定性作用。当前我国劳动所得得不到保护的主要原因是市场结构、产能过剩、市场监管不当造成的。保护劳动所得关键是要完善现代市场体系。当下应采取的主要措施是:保障人的权利,构建公平公正的分配制度;保护合法利益,形成资本所有者和劳动者利益共同体;保障劳动权益,完善工资分配宏观调控体系。     

Questioning and Pursuing: The Original Sin and Salvation in Dostoevsky’s Literature

The theoretical core of all religions, including Eastern Orthodox, is human being. No matter what changes occurred in history, paradigm, method and vocabulary on Dostoyevsky’s research in the last one hundred years, the Russian Eastern orthodox influenced and disseminated Dostoyevsky through religious doctrine and religious atmosphere, his thinking on human being was completed in the context of Eastern orthodox culture. What Dostoyevsky concerned about was sin and salvation in his whole life. God/man should keep a harmonious binary relationship. Human being has free will, but evil and sin are caused by irrational use of free will. In order to obtain the re-harmonious binary relationship, human being must envisage sin and suffering, and give themselves inner self punishment. The Man of god, Jesus Christ, is the perfect one who could save human beings. Dostoevsky responded original sin and redemption in the orthodox view.     

Family Income Tests of Child Welfare in Canada and Australia and the Research Enlightenment

There is an increasing trend in western countries that income security is used as a tool to provide child welfare for low income families. As in Canada and Australia, where universal child welfare is turning to be more selective, family income tests set up the major thresholds for deciding the levels and the amount of child welfare that each family can enjoy. The experiences from both countries shed light on China’s development of a moderate general child welfare system, enhancing precise targeting for effective welfare distribution.     

Press content as a key to a country's alignment: The case of Ethiopia

This article examines the news content of an Ethiopian government‐run newspaper over a period of 20 years to determine how closely the present government is aligned with the Soviet Union. There are two schools of though among foreign policy scholars. Regionalists believe Ethiopia is nonaligned. They argue that since the country follows the tenants of African socialism, its international politics are shaped by indigenous factors such as nationalism and local economic and security needs, rather than by Soviet or U.S. influence. Globalists, on the other hand, believe Ethiopia belongs to the Soviet camp and is dependent on the Soviet Union. A review of a government‐run newspaper in two ten‐year periods before and after the takeover by Mengistu Haile Mariam found a dramatic shift in the nature of coverage. Under Emperor Haile Selassie before the ovethrow, the paper printed predominantly pro‐United States and anti‐Soviet news. But under Mengistu, the same paper printed vastly pro‐Soviet and anti‐United States news, and absolutely no anti‐Soviet news. These findings support the globalist view.     

Agile programming – Introduction and current legal challenges

Within the realms of software development, customers must specify the requirements of their new software before the start of the project. Today, this leads to considerable delays with respect to the start of the project. In addition, the integration of new requirements into a system already developed in parts is becoming increasingly time-consuming and cost-intensive. Yet the specifically necessitated functions of a software are often only revealed through the process of development. By means of agile programming, changes in the requirements of a software product can be handled flexibly in shorter development cycles. In the following, the framework of agile software development projects as it applies under German law is described and current legal problems of such projects – in particular, the issue of contract type and the new building contract law – are considered. The unplanned project design appears contrary to the legal approach. The article shows, however, that agile software products development provides customers with dynamic and quickly scalable products and that customers can leave the project after individual project steps. The new development of building contract law, which focuses on subunits and approvals, is also very much in line with the above-mentioned programming.     

Free Will,Punishment, and the Burden of Proof

Justifying state punishment presents a difficulty for those who deny that human actions are free in the sense required by moral responsibility. The argument I make in this article, following work done by Double, Vilhauer, and Sehon, is that those who believe that human beings do sometimes act freely face exactly the same difficulty, for no current account of freedom has the sort of evidentiary support that condemning a person to punishment requires; no current account could meet even the most minimal burden of proof. Recourse to purely preventive methods, such as are proposed for a system of quarantine of dangerous individuals, seems undesirable because of the absence of limits under such a system, limits like the requirements of proportionality and guilt. That same objection holds as well against proposals of non-retributive punishment. The adoption of a system of punishment, understood retributively or non-retributively, does not preclude the state even in theory from also adopting a system of preventive measures. The answer that I suggest is a system of limited deprivations of freedom justified in much the way the doctrine of takings is justified, along with the specific exclusion of purely preventive methods for competent individuals.     

中国财富分布规律的实证研究

文章利用2003-2005年间《福布斯》公布的中国大陆富人榜的排名研究我国财富的分布，实证结果表明我国的财富分布服从幂律分布。通过计算得到我国财富分布的Pareto指数在0.98-1.21之间，从拟合优度可以看出幂律拟合高水平财富分布的尾部情形比较好。我国财富分布的Pareto指数较美国和英国的小，但是比印度的大，说明我国的贫富差距比美国、英国要大，但是要小于印度的贫富差距