谈我国的刑事附带民事诉讼制度

设立刑事附带民事诉讼制度旨在程序上方便当事人诉讼,使其免遭讼累,同时在实体上及时弥补刑事被害人因不法侵害所遭受的损失。但是,目前我国刑事附带民事诉讼制度在司法实践中存在着许多不容忽视的问题,应该从刑事诉讼优先、符合民事诉讼的基本原则,有利于提高诉讼效率等方面加以完善。从长远考虑,我国可以借鉴英美法系国家的模式,取消刑事附带民事诉讼制度。     

Remediation of Social Withdrawal in Young Children:

The last 15 years have witnessed a marked increase in the development of intervention techniques designed to promote isolate children's friendships and to increase their peer group interactions. However, there has been a paucity of research directed towards defining social competence and its underlying skill components. With the practitioner in mine, the present report presents a recent intervention strategy for remediating social withdrawal, followed by our current development of a skill deficit model designed to expand our knowledge case of causal contributors. PEERS, a broad-based intervention program, involves all of the child's social agents, thus assuring him/her of entry into the peer group in an atmosphere of social support. Our more comprehensive view of social withdrawal examines deficits in four skill areas: the child's social, language, and motoric competences, and the parents' child-rearing ability. Additional research is needed to pinpoint the precise relationship between these skill components and social withdrawal. With the further contributions of researchers in the field, we foresee the development of a more refined set of intervention procedures which the practitioner may use selectively to meet the individual needs of each child.     

eGovernment Applications and Public Personnel Acceptance: An Empirical Analysis of the Public Servant Perspective

Given the importance of eGovernment applications as an integral part of modern public service provision, this contribution concentrates on the issue of continued technology acceptance of public servants. The goal of this article is to connect individual, technological, and organizational aspects in an explanatory model. Using Theory of Reasoned Action and the Technology Acceptance model, an extended model of continued end-user behavior is analyzed. The results show the importance of Ease of Use, Usefulness, Openness to IT, and Subjective Norm for Acceptance and a Continued Q4 Usage Intention. However, a significant influence of Bureaucratic Culture cannot be shown.     

The past or the politics of the present? Dealing with the Japanese occupation of South Korea

Why do historical legacies continue to burden politics in East Asia? According to major schools of thought on collective memory, perceptions of historical injustice may be determined by the past (traditionalism), the present (presentism) or the interplay of both. This paper assesses the validity of these theories by examining the effect of transitional justice on perceptions of wrongdoers. Transitional justice offers a unique substrate for exploring competing theories of collective memory as it represents a contemporary process for dealing with the past. Were transitional justice to transform perceptions of wrongdoers, it would provide evidence supporting presentism. This hypothesis was tested using a survey of 640 adults from the Gallup Korea online panel. South Korea was selected as a research site because the legacy of Japan's occupation remains unresolved. A Tobit analysis supported presentist approaches although, as traditionalists claim, perceptions of wrongdoers were resistant to change. The organic nature of collective memory suggests that perceptions can only be transformed by comprehensive transitional justice.     

Logics of action and models of capitalism: Explaining bottom‐up non‐liberal change

Recent institutionalist scholarship has theorized the liberalization or “disorganization” of capitalism as the result of shifts in economic actors' “logic of action” towards opportunism. Little attention has been given to the reverse possibility that shifts in economic actors' “logic of action” away from opportunism might contribute to “embedding” or “organizing” capitalism. This paper builds on recent scholarship to theorize this scenario and then demonstrate its empirical validity with an historical institutionalist study of the emergence of such a “non‐liberal” institution in Switzerland in 1961. The theoretical framework links three “logics of action” – opportunism, enlightened self‐interest and strong solidarity – to Höpner's typology of capitalist institutions – organized, coordinated, and liberal. It theorizes the interactions between these logics and the social mechanism – goal signaling – that can explain a shift from one logic of action to another, potentially leading to change from one type of institution to another.     

基于网络药理学和分子对接技术探究脑络欣通治疗缺血性脑卒中的机制

目的 采用网络药理学方法探究益气活血方脑络欣通治疗缺血性脑卒中（ischemic stroke,IS）的作用机制,并通过分子对接技术进行初步验证。方法 通过TCMSP、ETCM、化学专业数据库及文献筛选脑络欣通活性成分及作用靶点,通过OMIM、DisGeNET、GeneCards以及Drugbank数据库挖掘IS相关靶点;将交集靶点导入STRING平台和Cytoscape 3.8.2软件构建PPI网络并通过拓扑分析获得核心靶点,同时构建“中药—活性成分—核心靶点—疾病”可视化网络图;运用R软件进行GO功能及KEGG通路富集分析。最后借助Auto Dock Tools软件以及PyMOL软件进行分子对接和可视化。结果 脑络欣通的潜在活性成分78个,治疗IS的潜在作用靶点200个,核心靶点包括STAT3、JUN、MAPK1、TP53等;作用较突出的活性成分包括槲皮素、β-谷甾醇、山柰酚、木犀草素等。进一步的生物功能分析获得150条信号通路,包括PI3K-AKT信号通路、HIF-1信号通路、FoxO信号通路等关键通路。分子对接结果表明关键活性成分与核心靶点之间存在分子结合位点,并有较强的结合活性。结论 益气活血方脑络欣通可能是通过多成分、多靶点协同作用于氧化应激、炎症反应、细胞凋亡、自噬等生理病理环节,从而发挥治疗IS的作用。     

Promotion of Gender Equality at the Workplace: Gender Mainstreaming and Collective Bargaining in Italy

The article examines gender equality in collective bargaining and looks at the extent to which gender and equal opportunities issues have been mainstreamed in industrial relations systems in Italy where, despite the existence of old and new legislation on gender equality, there are persistently low levels of female employment and the precarious workforce is made up predominantly of women. The central question addressed in the article is whether the injection of a gender mainstreaming approach in the Italian collective bargaining system, combined with legislative measures, may improve the situation of women in the context of both public and private spheres. In particular, the article looks at whether gender mainstreaming has the potential to pave the way towards an ethos of substantive equality at the workplace, whereby women enter the workforce on equal terms and men are in a position to share the dual responsibilities of paid and unpaid work. The article maintains that gender mainstreaming may fulfil its transformative potential as a catalyst for changing both the conceptual and analytical tools which the law deploys, provided it is envisaged as a three-fold strategy involving simultaneous processes of deconstruction, replacement and inclusive measures, together with deliberative forms of democracy and the imposition of a statutory positive duty on public authorities to mainstream equality.

论集体土地所有权制度之完善--兼评物权法草案第八十八条

农村集体土地所有权制度的改革是目前学界关注的热点。笔者认为 ,我国物权法应保留集体土地所有权。权利主体应界定为村农民集体经济组织 ,所有权的行使应由经董事制改造后的村民委员会即村资产管理委员会行使 ,同时物权法应对集体土地所有权的权能予以充实     

司法改革与我国行政审判体制若干问题探讨

行政审判体制改革是整个司法改革的重要组成部分,其改革的结果,是检验司法改革成败的重要标准.目前,我国行政审判体制中存在的非国家化、非司法化和行政诉权贫弱化等问题,按近、远期目标必须逐步实施改革,以实现社会期待的司法公正.     

坚持爱国思想与爱国行为的统一

热爱祖国是历史形成的热爱和报效自己民族的感情和思想,是与国俱存又与时俱进的动力和行为。热爱祖国要求将朴素的爱国情感上升为深厚的爱国思想,转化为坚定的报国行动,并与危害祖国的行为作坚决斗争。