论个人信息保护模式

对于个人信息的保护问题,当代世界大致可分为两种模式:一是以美国为代表的行业自律与单行立法相结合模式,二是以欧洲为代表的立法综合规制模式。这两种模式的差别导致的结果是,国家对个人信息保护的侧重点具有很大不同。这种差异的原因追根溯源在于,美国与欧洲的历史文化与政治哲学传统不同。我国对个人信息的保护不应当采用单一模式,而应实行立法规制与行业自律相结合的综合模式。     

论公安题材影视纪实作品中的“复原拍摄”手法

当今视觉传播方式逐渐成为主流的趋势，公安题材成为影视作品的关注热点。由于无法全程跟踪拍摄，“复原拍摄”手法以“情景再现”或“现场模拟”的名义对案件过程进行场景的还原记录，这其中不可避免地牵扯到了还原“度”的问题。公安题材影视纪实作品作为纪录片的一种类型，具有“真实性”的特点，而这种个性特点自然也就是创作此类作品时应该遵循的通行法则。     

EXAMINING THE GENERALITY OF THE UNEMPLOYMENT–CRIME ASSOCIATION

This article examines whether the relationship between unemployment and criminal offending depends on the type of crime analyzed. We rely on fixed‐effects regression models to assess the association between changes in unemployment status and changes in violent crime, property crime, and driving under the influence (DUI) over a 6‐year period. We also examine whether the type of unemployment benefit received moderates the link to criminal behavior. We find significantly positive effects of unemployment on property crime but not on other types of crime. Our estimates also suggest that unemployed young males commit less crime while participating in active labor market programs when compared with periods during which they receive standard unemployment benefits.     

Individual differences in interrogative suggestibility: life adversity and field dependence

Since the turn of the century much research has explored the concept of interrogative suggestibility, with recent research highlighting a sizeable link between the reported experience of negative life events (NLEs) and performance on the Gudjonsson Suggestibility Scale 1 (GSS1). The present study sought to reinvestigate the previously found novel relationship, as well as explore the role of field dependence as a possible coping mechanism implemented during interview by such vulnerable interviewees. As expected, highly significant correlations between NLEs and the suggestibility components of the GSS emerged. Field dependence, however, failed to correlate significantly with either NLE or GSS scores. Nonetheless, some additional findings relating to age, NLEs, and shift scores on the GSS were noted, which may help further our understanding of the NLE to interrogative suggestibility relationship. A new group of vulnerable interviewees, who are as yet unrecognized by the police or courts, has also been identified.     

Memory conformity and suggestibility

Abstract

The present study examined whether the degree to which participants engage in memory conformity, which occurs when a person alters their memory report of an event to be consistent with another person, can be predicted by their levels of interrogative suggestibility (IS), which is the degree to which people are susceptible to altering their memory reports during questioning. Memory conformity was introduced by having participant and confederate pairs study words and then complete a social recognition test where they took turns to make judgements to the same items. When the participants responded after the confederate, they tended to conform to confederate's judgements regardless of whether the confederate had made a correct or incorrect response. IS was measured using the Gudjonsson Suggestibility Scale 2. This scale allows separate measures of Yield, which is a measure of how susceptible people are to altering their memory reports of events as a result of leading questions, and Shift, which is a measure of how susceptible people are to changing responses to questions when placed under pressure to do so. Only Yield was a significant predictor of memory conformity.     

Socialism,knowledge, the instrumental valuation principle and the enhancement of individual dignity

Abstract

Socialism is frequently associated with central planning, public ownership, anathema to markets and the emasculation of the individual. Recent market socialist contributions attempt to overcome socialism's seeming resistance to markets. However, such contributions are frequently undermined by Hayek's invocation of fragmented knowledge. This article endeavours to contribute to a broadly conceived socialism that is not grounded in a particular array of institutions, but one which, via the instrumental valuation principle, the capabilities approach and Dewey's conceptualization of knowledge, offers the prospect of enhancing individual dignity. The instrumental valuation principle is viewed as key to socialism's engagement with dignity as it provides the framework for the enhancement of egalitarianism, democracy and the undermining of invidious institutional arrangements.     

中国高、低龄老人日常生活自理能力个体影响因素的比较研究

本文利用中国老年健康长寿跟踪调查2002年数据对比分析了高、低龄老人ADL个体影响因素的异同状况。结果发现:高龄老人和低龄老人ADL状况存在显著差异;年龄、认知能力、慢性病、情绪、躯体健康以及体力劳动是影响老年人ADL下降的关键因素。与低龄老人相比,高龄老人ADL的影响因素更为多元化;从主要致残障性的疾病来看,高龄老人致残障的病因更为广泛。     

医疗行为中患者承诺的一般效力与例外——个人自决权与社会连带之限制的平衡

本文从患者承诺作为医疗行为的正当性根据出发,从比较法的视角观察了医疗行为中患者承诺的一般有效要件及特殊情形下的豁免与例外等诸种情形,用尊重个人自决权和社会连带之限制的理论阐释了前述情形,最后通过对＂安乐死＂的简要分析初步回答了如何平衡患者的个人自决权与社会连带之限制这一问题。     

Individual and Contextual Determinants of Electoral Participation

Individual‐level explanations of electoral participation typically argue that non‐voting is determined by a combination of facilitative and motivational factors. We advance the argument that, beyond individual characteristics, there are pivotal contextual features which enable or impede individual action through specific incentive structures. Thus, contextual factors influence the individual propensity to vote or to abstain. For the first time the data of Selects 2003 allows for the testing of contextual effects, at least on the cantonal level. Several multilevel analyses show that high party competition, compulsory voting, and strong Catholicism foster individual participation. The findings clearly indicate that an individual's propensity to vote is influenced by personal characteristics as well as by cantonal attributes.     

民法何为--对民法本质追求的思考

作为部门法的民法,源自古代欧洲的罗马法,当时叫"市民法",后被注入"私法"、"私权法"、"市民社会的法"等诸多信息.中国通过日本从西方民法及至罗马私法那里继受了作为表征基本部门法的民法.西方传统理解民法或私法的实质含义,是在个人与国家对立的基础上进行的.民法以人为中心,以权利为基点,以行为手段,以责任为保障.民法上的人即市民、私人、私主体,含自然人、法人、非法人团体等.近代社会的个人是个人主义的个人,而现代的个人是兼顾社会乃至自然理念中的个人.称民法人是"经济人"、"具体人"、"抽象人"等多是用作分析民法问题的方法.兼顾社会乃至自然的个人主义和自由主义是民法的哲学基础.民法并未真正社会化.民法所涉及的领域是有限的.民法在精神方面追求平等和自由.这些都涉及到民法本位即民法的中心任务和价值标准问题.