马克思社会发展理论的方法论变革的当代思考

哲学的实践论转向是马克思社会发展理论方法论变革的深层理论动因.哲学的实践论转向带来发展理论方法论的变革.方法论变革使马克思解决了发展中理性缺失和价值缺失的问题,实现了发展的理性维度和价值维度的辩证统一,从而找到了实现人类解放的社会发展之路.马克思社会发展理论的方法论变革为构建和谐社会提供了方法论指导.     

上诉不加刑原则的困境及其对策

上诉不加刑原则被称为保障被告人上诉权的基石。“上诉而加刑”现象的现实存在,破坏了上诉不加刑原则。完善上诉不加刑原则可采取如下对策：凡是只有被告人上诉而未被抗诉（或自诉人未上诉）的案件,均不得以任何形式加重刑罚;取消以“事实不清、证据不足”为由的发回重审;不得就同一事实、同一理由再次启动审判监督程序,除非结果对被告人有利。     

文化财产返还国际争议解决的公约机制

1970年UNESCO公约要求缔约国采取措施控制文化财产的非法进出口和所有权转让行为,强调通过国际合作促进对文化财产出口管制法的承认和非法流转文化财产的追还。1995年UNIDRO IT公约主要解决的则是文化财产原始所有人与善意取得人之间的利益协调问题,确立了被盗文化财产必须返还的国际法原则。要想在国际公约框架内寻求争议的解决,一方面需要有更多的文化财产市场国加入公约,并善意履行公约的要求,另一方面也要对公约作出新的评估,对公约适用范围和某些含混的用语作出明确的界定,增强公约适用上的统一性和可操作性。     

China’s Development of ETS as a GHG Mitigating Policy Tool: A Case of Policy Diffusion or Domestic Drivers?

China launched its national emissions trading scheme (ETS) in late 2017. This article examines the key drivers behind China’s 2011 decision to opt for ETS as a GHG mitigating policy tool and what lay behind the choice of the system’s design features. Given the existence of the frontrunner EU ETS and that market mechanisms have spread across the world in recent years, we analyze the role played by policy diffusion in the decision to launch an ETS and in the subsequent design process, seen in relation to domestic drivers. The article investigates policy developments culminating in the 2011 carbon market announcement, and the reasons these design elements were chosen for the pilot schemes and the national market in the period 2011–2017. The article contributes to our understanding of policy diffusion at different stages of policy development in China, by revealing which diffusion mechanism is more prevalent at different stages. We find first that overall domestic conditions and drivers had the most consistent impact on policy decisions to establish a carbon market and on the selected sectors. However, a second key finding is that the role of policy diffusion varied over time, with such diffusion, in the form of ideational impact, playing the most important role early on, providing a powerful inducement for China to go for a carbon market. Third, sophisticated learning from international projects took place in the pilots, allowing China to adapt policies and design features to match local conditions.     

How to Achieve a More Resource‐Efficient and Climate‐Neutral Energy System by 2030? Views of Nordic Stakeholders

The Nordic countries pursue ambitious energy transition goals through national energy policies and in the framework of Nordic cooperation. We propose that the transition is realistic only if it involves the public, private, and nongovernmental organization sectors as regulators, innovators, and advocates of relevant policies and solutions representing the multitude of interests involved. We examine these interests through Q methodological experiments, where 43 expert stakeholders’ rank‐order statements concerning their preferred policy measures vis‐à‐vis the electric energy system. Factor analysis of these subjectively held views produces three distinct views. The first two enjoy strong inter‐Nordic support. The first view prioritizes market and grid development, and the second view prioritizes electric transport, and solar and wind power. The third, “Finnish” view seeks to enhance security of supply, also via microgrids, and prioritizes biofuels over electric transport. Examining the common ground among the three views, we find that enhanced cooperation requires reinforced stakeholder interaction and policy coordination.     

我国文化创意产业发展与著作权制度的完善

文化创意产业是以知识产权为核心资产的新兴产业门类,同时也是最契合知识经济时代的产业形式。文章从著作权制度在文化创意产业发展中的基本功能入手,分析了我国文化创意产业发展的现状及著作权保护制度对文化创意产业发展的影响,讨论了我国著作权制度对文化创意产业发展的作用和现实意义,并分析提出了我国现行著作权制度在文化创意产业发展中的不足及其修改完善的建议。     

Participation of CSOs/NGOs in Bangladeshi climate change policy formulation: co-operation or co-optation?

The Bangladesh government formulated the Bangladesh Climate Change Strategies and Action Plans (BCCSAP) in 2008 through a participatory process involving several CSOs/NGOs and others. This article discusses the participation of CSOs/NGOs in climate change policy-making, focusing on mapping their level of participation in policy-making. It demonstrates that state laws allow CSOs/NGOs to implement several projects voluntarily, but largely prohibit their participation in political decision-making processes. The state invites a few CSOs/NGOs as a condition to receive aid, but displays arbitrary and co-opting attitudes towards CSOs/NGOs that rarely ensure joint decisions in creating policy.     

Gastrointestinal Functionality of Aquatic Animal (Oreochromis niloticus) Carcass in Water Allows Estimating Time of Death

Postmortem changes have been previously studied in some terrestrial animal models, but no prior information is available on aquatic species. Gastrointestinal functionality was investigated in terms of indices, protein concentration, digestive enzyme activity, and scavenging activity, in an aquatic animal model, Nile tilapia, to assess the postmortem changes. Dead fish were floated indoors, and samples were collected within 48 h after death. Stomasomatic index decreased with postmortem time and correlated positively with protein, pepsin‐specific activity, and stomach scavenging activity. Also intestosomatic index decreased significantly and correlated positively with protein, specific activity of trypsin, chymotrypsin, amylase, lipase, and intestinal scavenging activity. In their postmortem changes, the digestive enzymes exhibited earlier lipid degradation than carbohydrate or protein. The intestine changed more rapidly than the stomach. The findings suggest that the postmortem changes of gastrointestinal functionality can serve as primary data for the estimation of time of death of an aquatic animal.     

Challenges for the theory and application of dynamic risk factors

ABSTRACT

The inclusion of dynamic factors in risk assessment measures used with forensic populations has largely been considered an improvement in both the accuracy and utility of these assessments in informing treatment and sentencing. However, there are important challenges associated with the current approach to the conceptualisation, identification, and use of dynamic factors in risk assessment. Whereas some of these challenges relate to applied settings (such as the use of measures with different offender populations), there are also deeper questions regarding the construct validity of dynamic risk measures and the methodological strategies used to identify them. More emphasis on theoretically driven research is needed, to identify causal and explanatory relationships between dynamic risk factors and recidivism. We hope that highlighting these challenges can help to build a consensus on a future research agenda for dynamic risk factors.     

Arenas as Institutional Sites for Policymaking: Patterns and Effects in Comparative Perspective

In comparative approaches to the policy process, policymaking institutions are usually considered at the level of political systems. Countries, however, may vary not only in systemic institutions but also in types of policymaking arenas within specific domains. Systematic attention to this variation in policy arenas at both levels may complement existing theories of the policy process that focus on other explanatory variables and may increase the comparative potential of these approaches. As an explanatory variable, arena variation makes a difference to policy results in that it may increase or decrease the potential for policy change sought by policy entrepreneurs.