台湾都市文学与海派文学

本文以林燿德和施蛰存开启的台湾都市文学与海派文学的对话为契机,探讨海峡两岸都市文学的隔海传承与变异。30年代上海新感觉派将都市文化的殖民地摩登属性推向顶峰;40年代的海派作家还原出一个琐碎的市民都市空间;台湾新世代作家则塑造了一个集民间、私我和异彩文化等诸多因子交汇的都市场域,包容了更大的阐释空间。这些都市书写都以“感觉”为媒介,借鉴蒙太奇手段刻意颠覆故事情节的连贯性和人物性格的完整性,对欲望书写异乎寻常的关注,在小说的审美形态、叙述角度、结构方式、语言风格等方面,表现出特有的创新度和开放度。     

CYBER‐ABUSE—A NEW WORLDWIDE THREAT TO CHILDREN'S RIGHTS

Cyberspace is a new frontier for both international and domestic family law. On the one hand, it presents great opportunities for society and, on the other, great dangers particularly for children. This paper explores a number of issues from a domestic and international family law perspective. These issues include:

• ? What is cyberspace, how has it emerged, and where is it likely to go?
• ? What are the potential dangers for children that arise from children's engagement with cyberspace?
• ? What is the nature and extent of domestic and international family laws that protect children from the dangers of cyberspace?
• ? What are some of the present and emerging policy issues that impact on these matters?

Cyber‐abuse is a term that encompasses a wide range of aggressive online activities.     

试论诽谤罪的立法完善

随着经济的增长,社会的发展,人民关注社会热点并加以评议的热情高涨,言论自由难以避免地出现言论过激现象,有的言论则影响了个别领导的＂政绩＂。诽谤罪由于立法的缺陷,成为公权介入的借口,从而激化了社会矛盾。因此,完善诽谤罪的立法,有利于保障公民言论自由权行使,推进我国民主法治进程。     

认知语用视域下间接言语行为转喻研究

文章在“言语行为场景”和“事件域认知模型”理论框架内阐述间接言语行为的转喻性质。指出动作及其涉及的对象均具有喻指能力;对间接言语行为转喻的解释既要考虑认知因素,同时也应将必要的语用参数纳入其中,从而在动态、静态兼顾,语用、认知相互关照中深化言语行为转喻研究。     

言词证据的分析与判断——以言词证据的结构分析为路径

言词证据是一类重要的诉讼证据,但是由于它以人的言词陈述为表现形式,因而通常被认为稳定性较差,证明力较弱。然而,如果我们能够认识到它的内在结构,透过其表面上的不稳定性,会发现言词证据是可以被把握的,其作用可以得到充分的发挥。     

Stereotypical Hate Crimes and Criminal Justice Processing: A Multi-Dataset Comparison of Bias Crime Arrest Patterns by Offender and Victim Race

Many hate crimes are not reported and even fewer hate crimes result in an arrest. This study investigates patterns of victim reporting and arrest for hate crimes in two parts. First, using data from the National Crime Victimization Survey, we find that, controlling for offense severity, hate crimes are less likely than non-bias crimes to be reported to the police and that the police are less likely to take further action for hate crimes, compared to non-hate crimes. Second, we use data from the Pennsylvania Human Relations Commission and the National Incident-Based Reporting System to compare differences between types of hate crimes in the likelihood of crime clearance. We find that those hate crimes most likely to result in arrest are those that fit the profile of a “stereotypical” hate crime: violent incidents, incidents committed by hate groups, and incidents involving white offenders and black victims.     

Motive,Action, and Confusions in the Debate over Hate Crime Legislation

In this article I argue that the objections against hate crimes defined as separate offenses and in terms of group animus are misguided and are based upon a mistaken view of human action that does not see motives as constituent parts of complex actions. If we are going to have hate crimes legislation, there are no good formal reasons keeping us from having distinct offenses for hate crimes or from having ones defined in terms of group animus. My goal is to clear up a number of action-theoretical confusions that have led some theorists and jurists to raise objections that draw attention away from the real crux of the debate over hate crime legislation. Initially, I defend several considerations that weigh against an understanding of hate crimes legislation as being concerned exclusively or even primarily with character, belief, or motive. These considerations in turn help undercut the related concern that hate crime legislation violates free speech protections.     

Accomplishing Difference: How Do Anti-race/Ethnicity Bias Homicides Compare to Average Homicides in the United States?

Research on the nature of bias homicide has experienced increased interest in the academic literature. To date, few studies have compared the similarities and differences between anti-race/ethnicity bias homicides and average American homicides. Consequently, we know little about how the offender, victim, and situational characteristics compare across these two homicide types. Drawing from doing difference theory of bias crime, the aim of this study is to comparatively analyze the attributes of anti-race/ethnicity homicides to average homicides between 1990 and 2014. Anti-race/ethnicity homicide data is extracted from the U.S. Extremist Crime Database and paired with average homicides from the Federal Bureau of Investigation’s 2000 Supplementary Homicide Reports. The results of this study suggest that the characteristics of anti-race/ethnicity homicides are both similar and different from average homicides. Implications for bias crime theory, research, and policy are discussed.     

Protecting Free Speech and Academic Freedom in Universities

Restrictions on speaking events in universities have been created both by recent student‐led efforts at ‘no‐platforming’ and by Part 5 of the Counter‐terrorism and Security Act 2015 which placed aspects of the government's Prevent strategy on a statutory basis. The statutory Prevent duty in universities includes, under the accompanying Guidance, curbing or monitoring events that could have an impact in drawing persons into terrorism. This article places the combined impact of Part 5 and student‐led curbs on campus speech in context by juxtaposing pre‐existing restrictions with the various free speech duties of universities. Focusing on speaking events, it evaluates the resulting state of free speech and academic freedom in universities. It finds potential violations of established free speech norms due to the impact of pre‐emptive strikes against some campus‐linked speech articulating non‐mainstream viewpoints. But it also argues that not all such speech has a strong foundation within such norms.     

全国人大代表言论免责权研究

民意机关代表在机关内的发言、辩论及表决不受其他机关的追究是代议制政府的基本要求.探讨代表言论免责权的起源、理论依据及其范围,并对中国现行的代表言论免责权制度的完善提出一些建议.