掩饰、隐瞒犯罪所得罪的司法疑难问题探讨

掩饰、隐瞒犯罪所得罪中的犯罪所得包括通过犯罪行为所获得的物品,以及由这些物品转变、转换得来的物品和与这些物品相混同的物品。刑事司法上应该结合总则关于故意犯罪的规定,来认定行为人的明知。明知包括确定的明知和明知可能性两种;可以运用推定的方法对之加以证实。本罪与其他相关犯罪存在法条竞合时,应依特别法优先的原则来处理。     

Qipao Comeback

正WHEN I was about 13 years old,a shop called Shaolin opened up in my hometown in southeast England.At that time,I had no idea what or where the name Shaolin came from–my friends and I would pronounce it"shay-oh lin"–but after my first visit to the shop,I was certain it would become a firm favorite on our list of places-to-hang-out on a Saturday afternoon.Shaolin was an Aladdin’s cave of Chinese goods.On entering,you were fi rst struck by atmospheric,dim lighting and the heady smell of incense.Then,the sounds:A CD of bamboo flute music accompanied by sounds of nature,and the tinkle of wind chimes evoked a sense of calm that made you want to stop and browse.For me,these sensory experiences became synonymous with"the Orient,"and     

Why societies need public goods

The most distinctive features of public goods are usually understood to be the difficulty of excluding potential beneficiaries and the fact that one appropriator’s benefits do not diminish the amount of benefits left for others. Yet, because of these properties (non-excludability and non-rivalry), public goods cause market failures and contribute to problems of collective action. This article aims to portray public goods in a different light. Following a recent reassessment of public goods in political philosophy, this contribution argues that public goods are particularly suitable for sustaining a well-ordered society. Public goods contribute to social inclusion, they support the generation of the public, and they strengthen a shared sense of citizenship. This article scrutinizes these functions of public goods and offers a discussion of the interventionist thesis which states that governments should sustain public goods.     

Exclusivity of citizens’ initiatives: Fuel for collective action?

ABSTRACT

Self-organized citizens’ initiatives are a form of collective action and contribute to society through the production of public goods and services. Traditional collective action theory predicts that such initiatives are near impossible because of the persistent problems of free-riding. Citizens’ initiatives however do exist and function properly, and their numbers seem to be increasing in countries such as the Netherlands. This article argues that free-riding problems can be overcome when some form of exclusivity is arranged in citizens’ initiatives. We assume that citizens’ initiatives use active and/or passive strategies to limit free-riding behaviour. Using three illustrative cases, our research shows that position rules, boundary rules, and authority rules are used in a subtle and often implicit way to differentiate the level of influence and authority between the more and the less committed members, enabling collective action. Such rules, though advantageous, may be paradoxical to the goals of the citizens’ initiatives and can undermine the virtues associated with them.     

Housing needs and effective policies in high‐tech metropolitan economies

Abstract

What are the most effective ways to provide low‐income housing to those left behind in new economy housing markets? Do winners and losers in high‐tech competition require federal housing strategies geared to metropolitan differences? This article examines 45 large metropolitan areas grouped along a high‐tech spectrum to see who is dis‐advantaged and to deduce effective local low‐income housing strategies from market characteristics.

Finding affordable housing was, on average, more difficult for low‐income renters and owners in high‐tech economies in the 1990s. Nonetheless, high‐tech metropolitan economies, like other local/regional markets, vary greatly. Sharp differences among and within metropolitan markets make it essential that federal strategies allow local policies to respond to local conditions. To most effectively provide low‐income housing to those left behind in all markets, federal policy should target sufficient resources to severe housing needs through many more vouchers and programs that permit and encourage effective local choices.     

Examining Commuters’ Cognitive Responses to Minibus Taxi Advertising

Abstract

Limited scholarly studies have been conducted on transit advertising in general, but even more so in South Africa. The purpose of the current study was to examine commuters’ cognitive responses to minibus taxi advertising by measuring their: (1) noting of minibus taxi advertising; and (2) recall of elements in minibus taxi advertisements. A survey was administered by trained fieldworkers to a quota-based sample of 398 regular minibus taxi commuters at a major taxi rank in Mbombela, Mpumalanga, South Africa. The results revealed that minibus taxi advertising has the potential to attract commuters’ attention, since the vast majority of the respondents regularly note advertisements on passing minibus taxis. The findings also revealed that some sub-groups in the sample demonstrated different cognitive responses. It was furthermore found that the commuting respondents typically recalled visual cues, colours and branding elements of minibus taxi advertising. The unique contribution of the study is that it is one of the first to examine the effectiveness of minibus taxi advertising media on a cognitive level. Thus, from an industry perspective, the study can guide marketers, advertisers and managers in grasping minibus taxi advertising in order to make more effective use of this unique out-of-home (OOH) advertising media platform for their advertising purposes.     

中国的崛起与朝鲜半岛关系

2010年发生的"天安号"和"延平岛"事件是使崛起的中国面临维持还是改变东北亚安全现状的重要的战略选择。由于朝鲜半岛关系到中国的核心利益,我们应把它界定为地缘战略重点。在朝鲜半岛问题上中国应起到建设性作用,为其解决提供规则,与有关各方更多地共享利益,维护朝鲜半岛的和平稳定。在具体战略运作上,既要坚持韬光养晦,又要积极有所作为;既要顾全大局,又要具体情况具体分析;既要坚持多边机制,又要加强双边关系。     

对传统公共物品理论的破与立——兼论后公共物品时代的政府职能定位理论

对于公共物品的界定,西方学者见仁见智,而国内学者大多以消费上的非竞争性和非排他性作为公共物品的充分条件和必要条件。本文否定了物品(包括服务)存在消费上的非竞争性和非排他性,进而否定了以物品的客观属性来界定公共物品的传统公共物品理论,主张以需求溢出理论作为后公共物品时代的政府职能定位理论。     

“洋货”观照下的“故物”——中国近代论评法家“法治”思想的路向与歧见

在中国"传统内"的释评系统中,法家的"法治"思想这个"故物",没有得到新的阐述与发展。到了近代,西方法治思想这个"洋货"成为重新解读"故物"的利器。但梁启超与萧公权同样用"洋货"观照"故物",却得出了法家"法治"思想之"真"与"伪"的不同结论。用"洋货"观照"故物",已成为具有重大影响与意义的思想学术路向,但也应克服其"强为比附"的结习。     

占有脱离物之善意取得研究——以《物权法》第107条为中心

《物权法》第107条将占有脱离物的范围仅限于遗失物。占有脱离物的范围应定位于非因原权利人之意思而丧失占有之物。在原权利人请求回复期间,占有脱离物的归属应区分有偿回复与无偿回复。而分别归属于善意受让人与原权利人。金钱、无记名证券重在市场流通功能,占有即本权,与善意取得丝毫无涉。