滥伐林木行为之行政法律责任评析

对滥伐林木行为追究行政责任时存在行政处罚的执法阻力较大,征收罚款的理论依据不足,行政罚款责任得来的资金的管理和使用不当等缺陷.本文认为,应当恢复民事责任、行政责任合理分界的状态,行政责任必须退出且应当完全可以由民事责任发生作用的领域;应当对滥伐林木行为人追究惩罚性民事损害赔偿责任.     

Family strategy of economic inequality among brothers in Korean rural society, 1690–1795

This article examines how inequality among brothers was practised as a family strategy in Korean south-eastern rural society from the end of the seventeenth to the late eighteenth century as a response to local economic changes. The Wolchon area experienced a process of downward levelling in this period. Using the household registers and land registers, the authors reconstituted 58 families with brothers who held land and 406 families who possessed nobi (‘serfs’ or ‘slaves’) for further examination. As a family strategy, most of these families attempted a strategy of unequal inheritance that resulted in maintaining high economic status for only one of the children among all the brothers. This child, in most cases, would be the eldest son, but also could be another son. The degree of inequality among brothers with regard to nobi-holding declined over time. Most families successfully maintained inequality, and through this family status, by efficiently practising the unequal inheritance strategy, while some families failed to keep the same level of inequality by the end of the eighteenth century. The degree of inequality among brothers is intimately connected to family property size. Each family sought its own strategy to suit the actual economic condition of the family. While very wealthy families attempted to give a similar inheritance to all brothers to provide an equal chance to each of them, less wealthy families reduced the survival chances of some children by the concentration of property given to only one child.     

South Africa as an emerging power: from label to ‘status consistency’?

South Africa proudly wears the label ‘emerging power’, with its membership of the BRICS and G20 probably the most visible signs of this conferred status. This paper explores the concept of the emerging powers within the context of current global power shifts and locates South Africa within this group. It discusses the criteria for and characteristics of emerging powers, and then turns to some of the constraints and challenges faced by these states. Specific attention is paid to the ‘how’ of these states' recognition and inclusion in global institutions and the impact of domestic conditions and regional politics on their positions, focusing particularly on South Africa. It concludes that these factors will continue to challenge South Africa's ability to rise above the semblance of importance conferred by its inclusion in the category of emerging powers to a position in which it exercises this status to its own advantage, including its idealistic objectives of promoting greater global equality and recognition for Africa and the global South. Although other emerging powers face similar challenges, South Africa's domestic constraints and related lack of regional and global reach, politically and economically, threaten its ‘status consistency’ as an emerging power.     

Norms,Behavioral Compliance,and Status Attribution in International Politics

Extant work on status attribution has largely focused on major powers or state capabilities as key explanatory factors driving these social processes and suggests that status considerations increase conflicts between states. We argue for a more comprehensive approach to status attribution that considers international norms as another major factor that is weighed in the attribution process. We contend that states (policymakers) evaluate one another not only on the basis of economic and military capabilities but also on the extent to which there is behavioral conformance with normative expectations and reward one another dependent upon whether these expectations are met. However, this attribution of status is dependent upon the level of contestation pertaining to that norm. Using a data set that assesses consistency with six different norms (resource transference, multilateralism, economic liberalism, democratic governance, respect for human rights, and peaceful dispute resolution), we find that status attribution is associated with norm-consistent behavior but only when these norms are uncontested at the global level.     

行为无价值论与积极一般预防

犯罪是和刑罚相对应的概念,合理的违法性论必定与能够充分发挥其效果的刑罚论相联系;离开对刑罚相关问题的认识,不可能清晰地揭示犯罪的本质。特殊预防和由费尔巴哈所首倡的消极一般预防都存在明显缺陷。积极一般预防论的主旨是通过指导公众的行为,确立公众对于规范的认同、尊重进而预防犯罪。行为无价值二元论认为犯罪的本质是违反行为规范进而造成法益侵害,刑法的目的就是维护社会基本行为准则的存在并最终保护法益,相应地,对刑罚的目的就不应当定位于通过威慑来阻止现实或者潜在的犯罪人和社会一般人今后不犯罪,而是要凸显规范的意义,引导公众按照行为规范行事,因而主张积极的、规范的一般预防,使犯罪论和刑罚论浑然一体、前后照应。肯定积极的一般预防论有助于准确认定中止犯、过失犯;同时,不会造成重刑化,不会无端限制个人行动自由。     

Protection and Regulations to Status Property of Rich Second Generation

The status property of rich second generation is based on protection of status relations and private property rights, private property lateral expanse to the family property, and vertical expanse to inheritance property, but the current legal right of property has also shaped the power of the rich second generation. Policies for rich second generation should be based on the property nature of private right and sociality, the efficiency of property possession, the intergenerational equity to inheritance, and the abuse of property rights. Rich second generation have limited legitimacy to the property. It is necessary to improve the system of equity and trust to serve their property, and use the estate tax to achieve balance of interests between individual and society, but also need to overcome the fairness of procedure to constraint abuse of power.     

第三人同意的无证搜查：美国联邦最高法院伦道夫案评析

美国的刑事诉讼无时无刻不体现着"控辩双方平等武装、平等对抗,法院居中裁断"的精神.犯罪嫌疑人与他人分事住宅的事实意味着该特定空间内的所有权益均可由任意一方处分;第三人同意警方搜查有罪证据是犯罪嫌疑人必须承担的风险.犯罪嫌疑人的反对不具有实质意义,共同权利人的同意足以满足宪法的标准;与他人共享住宅的事实限定了犯罪嫌疑人主张个人隐私的实际范围.     

关于提高环卫职工社会地位的思考

提高环卫职工社会地位 ,必须加大社会舆论宣传 ;建立环卫行业多渠道融资机制 ;强化法制建设 ,切实维护环卫职工合法权益 ;提高环卫职工自身素质。     

中国地方人大制度的研究现状与展望

中国的地方人大制度近年来引起了国内外学术界的不断关注。国外研究的最大特点是较为注重实证分析和模式构建 ,具有较强的学术价值。但是由于价值准则的误用和分析层面的局限 ,这种研究难免存在着一些不足之处。与此相对 ,国内的研究则带有很强的规范研究和对策研究的成份。总体上可以将国内的研究概括为制度描述、制度完善、工作改进和行为统计这几种途径。国内研究的最大优势是一手材料的利用和价值准则的趋同 ,但是由于实证程度和模式构建力度的不足 ,同样也存在着需要完善的地方。要真正提升地方人大的研究层次 ,就有必要从中国地方人大的产生和运作过程中去寻找制度层面的内在动力。