论法律漏洞的填补

法律漏洞的认定开辟了在漏洞领域法官造法的道路。认定和填补法律漏洞首先是从法律本身出发,其次才依据整个法律秩序。法律漏洞填补是法律解释的继续,法的续造若在立法者原本的计划、目的范围之内,性质上乃是漏洞填补。法律漏洞填补的方法有类推适用、目的性扩张与限缩以及法律发现;而利益衡量是法律的一种解释方法而非法的续造方法。     

利益衡量视角下“小产权房”的出路探究

近年来,房价上涨引起"小产权房"热销的局面。在现有法律框架下,集体土地使用权不能自由流转,导致"小产权房"违法,其买卖合同无效。"小产权房"问题关系政府、集体经济组织、农民、购房者、开发商等多方利益,从利益衡量的角度分析,合法化更能体现社会公平。通过类型化处理是目前解决"小产权房"问题的合理做法,但要从根本上解决问题,还有待于集体土地使用权制度的改革。     

Atypical Suicide by Submachine Gun

In case of suicide, the presence of multiple entrance wounds is always suspicious. We report the case of a man who committed suicide by shooting himself three times in the chest and the skull with a submachine gun. The weapon seems to have been initially pointed in the precordium area with a lethal lesion of the proximal aorta. Two other projectiles were fired by the weapon and hit the neck and the skull of the deceased. The presence of three entrance wounds despite a first fatal wound could finally be explained by the characteristics of the weapon and wounds. Most suicides related to multiple gunshot wounds are explained by a first nonlethal shot but the use of an automatic weapon can also be found. In these last cases, medicolegal and criminalistics aspects become important in differentiating suicide and homicide.     

对雅加达华人中生代的考察与分析--兼论各次文化群体在"印尼华人文化"建构中的作用与使命

本文运用文化学、社会学的理论和方法,坚持从印尼华人的实际出发,通过实地考察、访谈调查和资料重释的途径,具体剖析了雅加达华人中生代这一印尼华人重要的次群体,展示了印尼华人在印尼独立后的自我调适情况,分析了印尼华人今后的发展趋势及其在印尼社会重构和印尼民族重组中的地位和作用.     

Involvement of Amphetamines in Sudden and Unexpected Death

Abstract:  In the present study, the effects of amphetamine-class drugs were examined in cases reported to the Victorian coroner from 2001 to 2005 to determine if death can occur from the use of amphetamine-class drugs alone. A total of 169 cases were reviewed where a forensic autopsy detected amphetamine(s) in the blood. Pathology, toxicology, and police reports were analyzed in all cases to ascertain the involvement of amphetamine-class drugs in these deaths. In Victoria, methamphetamine (MA) is the principal abused amphetamine-class followed by methylenedioxymethamphetamine (MDMA). There were six cases in which a cerebral hemorrhage caused death and three cases in which serotonin syndrome was established as being caused by the interaction of MDMA and moclobemide. There were 19 cases in which long-term use of amphetamines was associated with heart disease. There were three cases where amphetamine-class drugs alone were regarded as the cause of death, of which two cases exhibited high levels of MDMA and lesser amounts of MA and/or amphetamine. There were no cases in which significant natural disease was absent and death was regarded as caused by the use of MA. There was no correlation between blood concentration of drug and outcome.     

城乡统筹、合理配置再生水资源用于农业的对策建议

该文通过分析中国农田污灌现状及其危害,揭示“城市再生水利用率”具体指标实现上仍存在的结构性矛盾,论述在没有充足常规水源的情况下,开发利用再生水农灌是农田生态修复的可行措施,提出把再生水回用农灌作为各级政府统筹城乡发展的重要内容及其可行性建议,以实现水资源的优化配置和循环利用,保证社会主义新农村又好又快地建设。     

The Public Sector as the Employer of Choice among Youth in Egypt: The Relevance of Public Service Motivation Theory

Young people in Egypt want to work in the public sector, even if they get less pay there than at the private sector. This article seeks to explain the attractiveness of public-sector jobs to this group, embedding this experience within the literature and theorization on public service motivation (PSM) and discussing its relevance. Issues of trust, respect, and social status are reflected in the discourse of interviewed youth about this job preference. A generation-held and culturally-ingrained appreciation among the educated to work in the public sector also contributes to this sector preference. Qualitative and quantitative data also show that extrinsic benefits of job security and stability are also pivotal to this preference. The analysis in the article suggests a holistic reading of motivational factors to join the public sector in contexts of job scarcity and labor surplus.     

To balance or to bandwagon? Adjusting to China's rise during Australia's Rudd–Gillard era

This article examines Australian grand strategy in the context of China's rise during the period of Labor governments between 2007 and 2013. Australia's grand-strategic posture is treated as the dependent variable, plotted along a balancing-to-bandwagoning continuum. Australia remained within the hedging zone throughout, although there were discernible shifts in posture during the period. While momentum was building towards a more overt balancing posture during the Kevin Rudd era, the various balancing and bandwagoning ‘signals’ were more contradictory after Julia Gillard unseated Rudd 2010; in short, she stabilised Australia's grand-strategic posture, meaning it remains best characterized as ‘dominance denial’.     

构建和谐社会的必然性及其运行机制

社会主义和谐社会是党的十六届四中全会提出的新的建设任务,是我国改革发展进入关键时期的必然要求,是满足人民群众日益增长的物质文化需要的必然要求,是巩固党执政的社会基础、实现党执政的历史任务的必然要求,是落实科学发展观、实现全面建设小康社会奋斗目标的必然要求。构建和谐社会需要提供一种充满活力的社会动力机制、有效的利益均衡机制、公平与效率相结合的运转机制、有效的矛盾疏导机制和安全的社会保障机制。     

信息产权理论与知识产权制度之正当性

知识产权的客体知识产品可以被看成是一种无形的信息。这种信息的生产对社会具有极为重要的意义。从信息产权的理论看,建立知识产权制度的合理性应当解决新信息的足够生产、信息的消费者(用户)对信息的足够而合理的分享,以及信息专有与信息自由和分享矛盾的调适等问题。知识产权制度通过一系列制度设计和安排特别是其中的利益平衡机制,妥善地解决了信息产权理论上信息垄断与信息分享之间的悖论,从而使其存在和运行具有充分的正当性。