从程序正义到摆平“正义”:法官的多重角色分析

法院如何建构其主体性?是当下中国社会面临的时代之问。在规则之治、程序正义的逻辑下展开运作的司法因其制度刚性有余而操作柔性不足,难以有效回应中国社会仍停留在传统的具体情境,从而遭到实用主义的解构。但是,在调审合一制度路径下游刃有余的实用主义司法哲学实际上亦并不足以构成对法院主体性的命题支撑,甚至可能是更加错误的道路。作为法院主体性的命题表达,能够体现法院明确的司法功能并与其他权力部门相区分的主体特质始终只在于独立的审判。     

论公安院校的警务化管理

警务化管理是公安院校的主要管理方式。警务化管理对培养公安院校学生政治性、纪律性和警察意识、方便管理等方面具有积极的作用。但是,随着学生个性成长及实践中警务化管理与教学的冲突,迫切需要进一步完善。警务化管理首先应当突出学生的主体地位,强调学生参与;其次应当以服务于教学为主要理念;同时要突出公安特色;在具体手段上,应当强调刚柔并济。     

Catching the Bad Guy: Morphing Composite Faces Helps

Composite faces built by eyewitnesses commonly are poor likenesses of the target face. When there are multiple witnesses, however, an opportunity exists to morph the composites. Morphs were rated as more similar to the target face than were the mean ratings of the individual composites. However, as hypothesized, the morph also came to resemble non-target faces more than the individual composites did (a prototype effect). This prototype effect was so strong that the morphs resembled non-targets more than the individual composites resembled the targets. In addition, morphing composites produced an attractiveness bias, which made the morphing of composites less effective for less attractive targets. Even when the prototype effect and the attractiveness bias were controlled for, however, a true morph-superiority effect continued to exist. The author won the Psi Chi/APS Albert Bandura Graduate Research Award in 2005--2006 for this study.     

Multiple Self‐Inflicted Stab Wounds to Neck,Chest and Abdomen as a Unique Manner of Suicide

Abstract: This is a case report of a 30‐year‐old man found dead in his flat lying on the floor with multiple stab wounds over the body, surrounded by an extensive volume of blood. Examination of the scene of death showed a secure flat, locked from inside. A blood‐stained knife was present close to the body and two unstained notes left on the sofa at the locus. A small plastic bag containing white powder (which following toxicological examinations appeared to be cocaine) and an almost full bottle of beer were present on a table. Autopsy revealed more than 40 stab wounds to neck, chest, and abdomen arranged in isolated groups within which the wounds showed similar directions and had a transverse orientation. Together with hesitation marks located on the neck and wrists these characteristics allowed to interpret this case as a suicide.     

著作权内在利益平衡机制与反垄断法的介入——美国录音制品数字表演权制度的启示

反垄断与保护知识产权均仅是实现其共同目标的手段,其本身并非最终制度目的。就著作权法律制度而言,这体现在其应当建立完善的内在利益平衡机制,从"护权——限权"两个角度对著作权既加以保护、又防止其滥用。在这方面,美国的DPRSR制度堪称典范,我国与之对应的信息网络传播权制度却有待完善。著作权内在利益平衡机制一旦失灵,根据其失灵的情形,可能产生不同的损害。其中对于可能产生竞争损害的,在必要条件下,反垄执法机构应当及时介入,保护市场竞争和消费者利益不受著作权滥用行为的损害,保障反垄断和保护知识产权共同目标的实现。     

The unexpected effect of social status on reproduction: a case study in Joseon Korea from the nineteenth to the twentieth centuries

We examine how parents have made decisions about the number of children they have, given their social status in accordance with residential location (either urban or rural areas) and time (either the pre-modern or modern periods). We use two sets of microdata – Jokbo and Jejeokbu – spanning the early nineteenth to mid-twentieth centuries in Korea. Combining the two data-sets, we use multiple imputation to fill the missing entries of some observations and apply a Poisson regression model on the augmented data. Our empirical results reveal statistically significant evidence that higher socioeconomic status is related to having more children. Additionally, our findings indicate that: (1) all else being constant, among high-status people, rural residents had more children than urban families; (2) for people born between 1800 and 1945, those born closer to the 1940s tended to have fewer children; and (3) during modernization, there was still a significant trend for high-status families to have more children.     

Reconstructing and sequencing behaviours in multiple perpetrator rape

Abstract

Much of the existing knowledge base of multiple perpetrator rape (MPR) comes from studies undertaken more than 20 years ago, and thus fails to integrate contemporary perspectives on sexual violence. The current study used Grounded Theory methodology to construct a holistic model of MPR from 15 victim accounts. The model of multiple perpetrator rape (MMPR) included both the actions of the perpetrators and the reactions of the victim in a temporal sequence of 13 categories, 9 of which had sub-categories that allowed for individual differences. Broad themes of MPR were then explored using a total of 101 cases. Each case was coded in the 9 sub-categories where individual differences were allowed from the model. An associative analysis of these sub-categories was then performed using Smallest Space Analysis. Two dominant themes were displayed. The Manipulate theme included two perpetrators who offended sequentially and socialised with the victim. The Force theme did not involve any social interaction, as the force and teamwork of the group enabled the victim to be physically overpowered.     

National and ethnic identifications among the Slovak diaspora in Serbia: stranded between state(s) and ethnicity?

Identity has been treated in relevant literature predominantly as a dynamic, fluid, multidimensional, and ongoing process. Currently, identity is viewed as a process, as something achieved, and as a product of social relations. Scholars have acknowledged that members of minorities and diasporas can have very complex multiple identities, which are both dependent on social context and changeable over time. This article explores the national and ethnic identifications of Slovaks living in Serbia. Its main objective is to examine how the members of the Slovak diaspora identify themselves and what kind of national and ethnic awareness and pride they hold. As well, this paper explores their opinions and attitudes on language and cultural identity. This study used a web-based survey and basic statistics. The results of the explorative study indicate that members of the Slovak diaspora living in Serbia have multiple identities that coexist, do not conflict, and vary in their importance for respondents. Distinct national and ethnic identifications are perceived in different ways and have divergent emotional intensities. This study proposes further research on the importance of civic and ethnic values and on different perceptions of identity, citizenship, length of residency, and minority rights for collective identifications of minorities and/or diasporas.     

U.S. Government 2013 Budget Sequestration： Congress＇ Fix for the Federal Aviation Administration＇s Work Furlough

The United States 2013 budget sequestration dramatically reduced the operating budgets of most federal agencies, including that of the Federal Aviation Administration （FAA）. Facing a staggering budget reduction in the amount of S627 million from itsS16 billion annual budget, the FAA was forced to furlough most of its 47,000 employees, including its air traffic controllers. This case study utilizes Kingdon＇s Multiple Streams perspective to examine the implementation of the 2013 budget sequestration on the FAA and the resulting impact on the operations of the federal agency charged with ensuring the safe and efficient use of U.S. airspace. With work furloughs threatening its employees and the potential for significant air traffic delays, the United States Congress approved a bill which eliminated the threat of further work furloughs for FAA employees and the resulting flight delays. Analyzing these events within the context of the Multiple Streams perspective provides a unique opportunity for insights into democratic governance within the federal government.     

腐败成因诸视角述评及综合治理原则

十八大以来,随着反腐败斗争和廉政建设的不断深化,对腐败现象的治理已经成为推动国家治理体系和治理能力现代化,实现"法治中国"的重要途径。国内学者对腐败成因的观察视角各有不同,大体归纳为经济学、政治学与公共管理学、法学三大方面。然而,任何单一视角对腐败成因的分析都存在其有效性,同时也存在诸多不足。基于腐败问题的复杂性及政治危害性,任何单一视角下的解决策略都难以实现对腐败的有效治理。因此,必须多视角分析腐败产生的原因,坚持综合治理腐败的原则,才能有效地惩治腐败,并对未来的腐败治理实践提供参考借鉴。