中德公民思想政治教育方法比较及启示

德国的公民思想政治教育重视从青少年时期进行政治养成教育,注重伦理道德教育、宗教教育、心理咨询和大众传媒教育,彰显一定的教育优势。我国应该借鉴德国的教育方法,将隐性教育与显性教育有机结合,加强道德实践活动,通过心理健康教育、大众传媒渗透、合理发挥宗教的优势等,增强思想政治教育的实效性。     

The Contradictory Effects in Efficiency and Citizens’ Participation when Employing Geo-ICT Apps within Local Government

Abstract

With the increasing use of web-based mapping applications, inter-mediation between public planning agencies and citizens is changing. This article investigates how one form of inter-mediation, geo-ICT-enabled apps (applications on mobile phones and/or internet that use maps or locations as basic references for any functional analysis), influences the degree of efficiency and participation in managing public space. The theoretical assumption here is that such apps encourage information disclosure and therefore have the potential to make a local government more responsive and transparent. Drawing on observation, interviews, and document and web content analysis conducted as part of a case study, this article suggests that the apps have indeed enhanced one municipality’s response and have made citizens more active in uploading their complaints. However, unexpected and contradictory effects include an increase in trivial complaints, which has made the handling of reports less efficient, and the emergence of opportunistic behaviour by third parties on the basis of the complaints, which has made the services less effective. Consequently, the assumed causal relation between enhanced citizen participation and increased transparency and information disclosure requires an adaptation that incorporates such wicked effects.     

The Black European Women's Council: ‘thinking oneself into the New Europe’

With the continuous political shift to the right in many European countries, exclusivist constructions of the nation and concepts related to national identity – issues which are immersed in and often conflated with biology and culture – the necessity for mobilization and political activism among women, migrants, and minorities in Europe has become all the more acute and timely. Organized within the framework of the ‘European Year for Equal Opportunities 2007’ and initiated by Béatrice Achaleke, AFRA (International Centre for Black Women's Perspectives in Vienna, Austria, and co-organized by Helen Felter, Director of Tiye International (The Netherlands); the Black European Women's Congress (26–29 September 2007) culminated in the formation of the Black European Woman's Council (hereafter BEWC). Employing a mix of discourse analysis, social movement and intersectional theory, I address the issues of Black female subjectivity, political agency, and strategies in relation to the socio-political empowerment of Black women across Europe. Based on qualitative data, I argue that the cross-border network of the BEWC exhibits the potential to serve as a structured political force not only on local and national levels, but also within the sphere of the European Union; and to possibly assist Black European women activists with the task of ‘thinking themselves into the New Europe’.     

Does substantive democratization create more committed democrats? Surprising evidence from Africa

A growing body of evidence holds that citizens support democracy when they believe the regime has provided individual freedoms and political rights. Put simply, citizens develop legitimacy attitudes by learning about democracy. These findings, however, are based on citizens' evaluations of the procedural elements of democracy. Democratization also entails substantive reforms that likely impact legitimacy attitudes. This article provides the first test of how the success – and failure – of substantive democratization shapes legitimacy attitudes. Using data from the second round of Afrobarometer surveys, I find surprising results. Citizens who judge the regime to be more successful in substantive democratization are actually less likely to be committed democrats. I conclude with possible explanations of these surprising findings and reflect on the challenges for both future research and for the new democracies facing this situation.     

A Woman's Life Before Serving Life: Examining the Negative Pre-Incarceration Life Events of Female Life-Sentenced Inmates

Despite the increase in the number of females incarcerated, there is a paucity of research concerning female life-sentenced inmates in the United States. Using a nationally representative data set containing the largest known sample of this population, the present research examines the pre-incarceration traumatic experiences of female life-sentenced inmates. The results indicate that these women are more likely to experience traumatic events, in particular abuse, than either male life-sentenced inmates or female inmates in general. Logistic regression analyses reveal a significant association between abuse and a life sentence in both gender-specific models.     

刑法解释限度的理论构建:从价值优化论回归合法限度论

刑法解释限度,是指刑法文义解释所不能超越的、法律文本(刑法文本)所限定的文义界限和程度,以确保刑法解释对象和解释结论的合法性(限度)。刑法解释限度所欲解决的主要是刑法解释合法性问题,而不解决合理性与合目的性的问题。刑法解释限度的判断标准,应当以法律规范用语的语用学所可能确定的、符合国民预测可能性的语言意义为标准,可以简称为“语用意义的国民预测可能性说”。刑法解释限度的诠释学功能,是指刑法解释限度在诠释学上所具有的限定刑法解释合法性的功能,其特点是有限性和层级性。     

当代中国老年人法律地位论

《宪法》、《老年法》及多种相关法律法规,充分肯定了以老年人合法权益为核心的老年人法律地位。应充分保障老年人法律地位。目前,社会上时隐时现的所谓老年人"累赘"、"包袱"论、"离退休人员是靠在职人员养活"论等言论有损老年人法律地位,不符合事实与情理。     

论破产法上债务人高管人员民事责任的追究

The Enterprise Bankruptcy Law has designed the regime for debtor’s senior managers to bear civil liabilities, while the framework design concerning the prosecution mechanism of civil liabilities is still unclear. How to establish a prosecution mechanism of civil liabilities of debtor’s senior managers in line with the purposes of the bankruptcy regime is a substantial issue during the implementation of Enterprise Bankruptcy Law. The realization of the civil liabilities regime of debtor’s senior managers depends on the establishment and operation of a relatively well-developed prosecution mechanism of civil liabilities. The focus of the prosecution mechanism of civil liabilities is to determine the subject of prosecution of civil liabilities, the way to realize civil liabilities, and the special hearing proceedings and authorities of the court. Taking steps to clarify and improve the prosecution mechanism of civil liabilities focusing on the subjects of prosecution (debtor’s senior managers) and authorities of the court, is the essence and systematic safeguard of realizing the civil liabilities regime of debtor’s senior managers in the Enterprise Bankruptcy Law. Gan Peizhong, Ph.D, is a professor of law and director of the Research Center for Enterprise and Company Law at Peking University. Prof. Gan is a recognized expert on economic law, company law, bankruptcy law and the reform of state-owned enterprises in China. He has released numerous articles on Chinese law journals and published many books. His major publications include Encyclopedia of Chinese Economic Law (vice editor-in-chief), New Studies on Economic Law (co-editor), New Studies on Enterprise Law (author), Studies on Chinese Economic Adjudication (editor-in-chief), Studies on Foreign Economic Law in Beijing (editor-in-chief), General Theories on Economic Law (co-editor), Legitimate Exercise of the Corporate Control Rights (author). Moreover, he was named the “leading young and middle-aged jurist” by Beijing Law Society in 1999. In addition, Prof. Gan is the deputy-president of the Securities Law Association, a member of the Standing Committee of the Economic Law Association under China Law Society. He also serves as the consultant of the Legislative Affairs Commission of the NPC Standing Committee and Beijing Municipal People’s Congress, as well as the Haidian District Court of Beijing.     

浅谈高职法律院校体育教学改革

高职法律院校体育教学改革,应采用文献资料研究调查及问卷调查等方法,对高职法律院校体育教育现状及教学内容、方法、组织形式和教学评价进行客观研究,并探索当前高职法律院校体育教育的不足和影响体育教学的相关因素。在此基础上,体育教学应以健康第一为指导思想,以育人为目标,以终身体育为主线,推进当前体育教学改革。