论特定物债权与债权人撤销权的行使

关于特定物债权人得否于债务人尚未陷于无资力时,行使撤销权,学说判例存在不同见解,有肯定说和限制肯定说。这两种学说均有走向极端的嫌疑,肯定说承认特定物债权人享有撤销权,有欠妥当;限制肯定说否认其享有撤销权,也存在理论上的矛盾,有时甚至导致不公。正确的做法是寻求折中的方案,即原则上仅允许不可替代特定物的债权人行使撤销权。     

试论诚实信用原则在公法域的适用

诚实信用原则本为一私法原则,但自20世纪30年代以来,该原则出现了从私法领域向公法领域扩展的现象。文章主要探讨诚信原则在公法领域适用的法理基础,以及从诚信原则本身的局限、诚信原则适用的特定语境和公法领域的特性出发,探讨该原则在公法领域适用的限制。     

A Perspective on Errors,Bias, and Interpretation in the Forensic Sciences and Direction for Continuing Advancement*

Abstract: The forensic sciences are under review more so than ever before. Such review is necessary and healthy and should be a continuous process. It identifies areas for improvement in quality practices and services. The issues surrounding error, i.e., measurement error, human error, contextual bias, and confirmatory bias, and interpretation are discussed. Infrastructure is already in place to support reliability. However, more definition and clarity of terms and interpretation would facilitate communication and understanding. Material improvement across the disciplines should be sought through national programs in education and training, focused on science, the scientific method, statistics, and ethics. To provide direction for advancing the forensic sciences a list of recommendations ranging from further documentation to new research and validation to education and to accreditation is provided for consideration. The list is a starting point for discussion that could foster further thought and input in developing an overarching strategic plan for enhancing the forensic sciences.     

Overlapping polarization: On the contextual determinants of the interplay between ideological and affective polarization

Previous literature has distinguished two types of polarization: ideological and affective. However, little is known on how the interconnection of these two polarizations (which we call overlapping polarization) varies depending on the political context. Is affective polarization always associated with ideological polarization? What is the role of the institutional framework (i.e., democratic age and popular election of the head of state) and the party system (i.e., elite polarization and number of parties) in determining how wide this overlap is? This article examines the contextual determinants of overlapping polarization by using information from the four first CSES waves. According to our analyses, the individual-level positive effect of ideological polarization on affective polarization is stronger when the party system is ideologically polarized and in older democracies, and is weaker in presidential democracies and when the number of parties is higher.     

Voter turnout in direct democracy: A joint analysis of individual,referendum and community factors

In the context of an ever growing importance and usage of referendums around the globe, this article provides a comprehensive approach to analyse the determinants of participation in direct democratic votes. In the absence of conclusive empirical evidence about which factors drive direct democratic participation, studies tend to adopt election-specific findings and assume the determinants of electoral turnout to equally apply for referendums. Yet, a strict empirical test of these numerous determinants in a referendum context is still missing. By examining aspects stemming from both election-specific and referendum-specific contexts, this article aims to first test the applicability of common electoral theories of turnout for direct democratic participation and second to analyse the relevance of each factor when simultaneously examined with other contextual and individual factors. This holistic approach represents reality as adequate as possible, that is, to consider various factors that may simultaneously influence the individual decision to vote. Next to individual variables, the analysis particularly focuses on two contextual levels, the community a person lives in and factors linked to a given referendum. The discussion and joint analysis of competing factors addresses the problem of underspecified turnout models, which commonly prevents a detailed assessment of the relative importance of the determinants of turnout. The study uses registered data from the canton of Geneva, Switzerland, which provides official information about individual participation across 43 referendums in 45 communities. We match this individual data with referendum-related factors, such as campaign intensity and importance of the issues at stake, and community-level variables, such as wealth and urbanization. The results of our multilevel, cross-classified models show significant context-related effects, stemming mainly from the referendum and less from the community level. Still, the main driver of direct democratic participation is individual determinants, in particular citizens' past participation record.     

Kazakh power distance dimension in business discourse

The article is considered to be of current interest, because it is a relatively new area for research. This paper focuses on measuring Hofstede’s power distance index for different countries, particularly in Kazakh culture. A novel technique is proposed, where verbal index is calculated from the analysis of publically available texts delivered by representatives of different cultures. The authors analyzed public speeches made by leaders of various countries. From these texts, a verbal index was derived, which closely correlated with Hofstede’s power distance data. As a result, the authors were able to obtain a power distance index for Kazakhstan, which was previously unavailable. Furthermore, this method can be used as a cheaper alternative to conducting surveys in estimating Hofstede’s power distance indexes for different cultures.     

全国人大调查权研究

调查权是立法机关固有的权力,由于议会调查权的行使能够有效地发挥监督政府的作用,因此,外国宪法和法律都对议会调查权作出规定。我国宪法和法律也赋予县级以上各级人民代表大会组织特定问题调查委员会的权力,同时,宪法还规定全国人民代表大会有监督权和重大事项决定权,这些权力的行使说明全国人大的调查权具有宪法依据。由于我国宪法没有明确规定人大的调查权,人大行使调查权的组织和程序也缺乏相应的法律规定,不利于全国人大充分行使这一权力,针对人大调查权难以启动的原因应采取相应的立法措施。     

The effects of procedural aspects and outcome salience on procedural fairness judgments

The effects of process control and decision control on procedural fairness judgements are examined with regard to the procedure used by commercial banks in granting business credits to entrepreneurs. Male and female entrepreneurs with experience in requests for business credits were interviewed about several aspects of the procedure for granting business credit. Respondents had either a positive or a negative experience with credit granting (i.e., the request was or was not rewarded). The outcome-oriented and the procedure-oriented explanations for the effects of process control on procedural fairness judgments are discussed. The results show that, contrary to expectation, process control had no effect on the procedural fairness judgments. On the contrary, perceived seriousness of treatment, as well as the predicted effects of decision control, did influence procedural justice judgments. Moreover, some support was found for the contention that seriousness of treatment functions as precondition for process control effects (Tyler, 1987). Neither the outcome-oriented, nor the procedure-oriented explanation could fully account for the findings. It is assumed that the specific aspects of the situation are responsible for the results, indicating how important the situational context is in research concerning procedural justice.     

猪弓形虫病特异PCR诊断方法的建立

以核糖体DNA第一内转录间隔区(ITS1)序列作为弓形虫种特异的遗传标记,建立了猪弓形虫病特异PCR诊断方法。应用人工感染的方法建立了猪弓形虫病动物模型,摸索出猪弓形虫病PCR检测的最佳条件。敏感性和特异性试验结果显示,该PCR方法最低能检测到10 个弓形虫速殖子的DNA,且与相关的8种原虫和线虫均无交叉反应,证明该PCR方法具有高度的敏感性和特异性。动物感染试验结果证明,在试验猪出现明显临床症状时(感染后第5 d),对取材的8 个组织样品用该PCR方法检测,有6个组织样品为阳性,其中检出率最高的组织为肺门淋巴结。     

If Violence Is Domestic, Does It Really Count?

Estimates of the prevalence of marital violence have been found to vary dramatically from survey to survey. This paper addresses one potential explanation for this difference which involves the focus and format of different surveys. We examine the extent to which survey respondents are willing to report marital violence in a context which focuses on criminal behaviors as opposed to a family violence context. In a very basic way, this answers a question as to whether individuals are willing to define acts of marital violence as criminal. Methodologically, it is a measurement issue which seriously affects the ability to compare findings across samples. National Youth Survey data are used to compare rates of generalized spousal assault and victimization reported in a crime context with rates of marital assault and victimization reported in a family violence context. Results indicate that 40 to 83% of all marital assaults and victimizations reported in the marital violence section are not reported in a format which focuses on criminal assault and victimization.