中国-东盟自由贸易区争端解决机制之探讨--以比较研究为视角

建立行之有效的争端解决机制是区域经济组织有效运作的保证.本文通过对欧盟、北美自由贸易区、东盟自由贸易区三大区域性经济组织各具代表性的争端解决模式与中国-东盟自由贸易区的争端解决机制进行比较研究,探讨中国-东盟自由贸易区争端解决机制的性质、特点.     

The case for a victimology of nonhuman animal harms

For the last twenty years ‘victimology’, the study of crime victims and victimisation has developed markedly. Like its ‘parent’ discipline of criminology, however, very little work has been done in this field around the notion of environmental victimisation. Like criminology itself, victimology has been almost exclusively anthropocentric in its outlook and indeed even more recent discussions of environmental victims – prompted by the development of green criminology – have failed to consider in any depth the victimisation of nonhuman animals. In this paper, we examine the shortfall in provision for and discussions of nonhuman animal victims with reference to Christie’s notion of the ‘ideal victim’ and Boutellier’s concept of the ‘victimalization of morality’. We argue that as victimology has increasingly embraced concepts of victimisation based on ‘social harms’ rather than strict legalistic categorises, its rejection of nonhuman victims from the ambit of study is no longer conceptually or philosophically justified.     

‘So what about the stories?’ An exploratory study of the definition,use, and function of Narrative Child Sexual Exploitation Material

The legal and psychological research surrounding online Child Sexual Exploitation Material (CSEM) is focused on visual depictions of children, either as still images or movies. Narrative CSEM (N-CSEM) describes an under-researched area, resulting from difficulties surrounding its conceptualisation, both legally as well as concerning the function for its users. The current study describes an initial attempt in defining N-CSEM in comparison to visual material, based on interviews with users of CSEM and N-CSEM and professionals working with this user group. Thematic Analysis resulted in three super-ordinate themes. All themes were analysed and enriched from the perspectives of user- and service-representatives. The study provides insight into N-CSEM as a separate entity from visual CSEM, challenging and informing legal decision-making and assessment and treatment providers for users of CSEM.     

中日文化比较研究的几点思考

中日文化既有相通之处,更有差异。不同的文化背景使这些差异逐渐放大了,在了解日本文化的同时必须着眼于相同点与相异点。日本在模仿中国文化的长期过程中逐步创新,生发出本民族的文化特色。在关注日本文化独特审美情趣时,应该避免将这种独特性绝对化,以历史的、发展的、科学的眼光来研究和探索中日两国的文化与交流。     

Online collaboration as a pedagogical approach to learning and teaching undergraduate legal education

Legal education is in a period of rapid development driven by changing industry demands and developing technologies. This paper will describe an innovative pilot study which utilises new technologies to provide an alternative mode of teaching and learning to meet growing industry demands for graduates who are technologically savvy and have strong communication and collaboration skills. The pilot study redesigns a law unit combining a more traditional approach with an approach in which online collaboration is critical to student learning as a teaching and assessment tool. After completing an online collaborative activity as part of their assessment for the unit, students completed an online survey to identify their perspectives of the online collaborative experience. The online survey data was analysed to identify common themes and the experiences of students are shared in this paper. The paper provides an example of how instructors might take advantage of a learning design process, online tools and infrastructure to develop educational experiences which promote communication and collaboration within the law discipline. It will also include five recommendations to consider when including online collaboration in unit design for law students.     

比较文学学科的"死亡"与"再生"

传统意义上的比较文学学科在经历了多次"危机"之后其衰落之趋势是无可挽回的,但这种衰落恰恰为其"再生"奠定了内在的基础,此也即比较文学学科内部的反拨.在这方面,包括中国学者在内的东方和第三世界学者将对一门新的比较文学学科的"再生"有所作为.比较文学的最高境界是世界文学阶段.那种为比较而比较的牵强比附式的"比较文学"确实应该死亡,而一种新的融入了文化研究和世界文学成分的比较文学学科将在这其中获得再生.     

The advocacy coalition framework in Japan: Contributions to policy process studies and the challenges involved

The advocacy coalition framework (ACF), a unified framework for understanding the policy process, has been applied in various countries and regions; however, there are few contributions from Japan, despite seemingly favorable conditions for applying it. An exploration of what hinders ACF applications in Japan is worthwhile for developing the ACF as a framework for comparative policy process studies across various social and political settings. Therefore, this study aims to systematically review previous Japanese ACF studies. Our review found that Japanese ACF studies are fewer in number, have less coverage of policy fields, and have less methodological diversity and transparency than international trends. While most of the Japanese ACF studies supported the basic hypotheses of the ACF, we found a need to refine some hypotheses and research methods of the ACF studies. We also discuss the background factors in the inactivity of ACF studies in Japan and suggest solutions for it.     

巡逻勤务发展的战略研究

文章比较研究中外警察巡逻勤务职能、警区规划、处警方式的差异,探讨符合我国社会治安动态管理要求的专业化、正规化的巡逻勤务制度。为正在发展和完善中的巡逻实践,提供理论依据。     

西方警察学的研究现状

近期,越来越多的警察学研究者提出创建独立的警察学学科,并在理论界引起了一定的影响。但是,在研究的过程中,有一个问题始终困扰着我们:那就是西方到底有没有警察学,或者说西方的“警察学”研究是建立在一个什么样的基础之上?要了解这一问题,应从西方“警察学”的理论框架、研究机构和人员等方面进行探讨。     

Winning at the polls and in the polls: the incumbency advantage in surveys of U.S. house voters

The success of House incumbents at the polls is well known and has been studied extensively. This paper focuses on the incumbents' success in the polls: the support bestowed upon incumbents by survey respondents is substantially higher than that received from the voters. The incumbency advantage at the polls, estimated at about 10% in the most recent elections, is almost doubled when measured in the polls. The data, drawn from the 1982–1996 National Election Studies, show that respondents do not reward all winners; candidates elected to open seats have not benefitted from the kind of bounce consistently enjoyed by winning incumbents. In addition, the pattern of respondents' misreports appears to be inconsistent with earlier explanations based on instrument effects. Respondent bias should be accounted for in order to reach correct estimates of the incumbency advantage in individual-level data.