经验法则与接近正义--以民事诉讼为进路

经验法则是法官依照日常生活中所形成的反映事物之间内在必然联系的事理作为认定待征事实根据的有关法则.它包括从一般的生活常识到关于一定职业技术或科学专业上的法则.经验法则具有盖然性程度的差异性和内容上的无限性,法官运用经验法则可以发现事实和应用法律,创造善的规则体系,更好地实现接近正义.     

刑法中的正当化行为与犯罪构成关系的理性思考

与大陆法系、英美法系均将刑法中的正当化行为置于犯罪构成体系之中的做法所不同的是 ,刑法中的正当化行为是游离于我国传统的耦合式犯罪构成体系之外的一个“活泼元素”。这样的关系 ,与现代刑事法治的精神不相契合 ,实有认真检讨和改进的必要。英美法系双层次犯罪构成模式为刑法中的正当化行为的纳入 ,尤其是超法规的正当化行为的充分展开 ,不仅提供了极其广阔的空间 ,而且因赋予其程序要件的色彩 ,从而突出强调了程序正义的价值 ,推动了宪法在刑事领域的司法化。因之 ,借鉴英美法系双层次犯罪构成的结构模式 ,吸纳我国传统犯罪构成体系中的合理成份 ,实现经验与理性的沟通 ,应当成为改造我国传统的耦合式犯罪构成体系的努力方向。     

马克思文化理想与社会性别视角的当代解读

社会主义的文化理想、核心价值中蕴含着一种深刻的人文主义、人本主义价值要求。马克思的社会性别意识体现了一种深厚的人类意识,这应该是理解先进性别文化与社会主义核心价值的重要之点。从中我们可以反观世界与中国的更深层面的变化及发展要求。     

Family-planning methods among the tribal population in south Gujarat: a case study of access and usage

The article explores knowledge and practices of family planning among the tribal population of south Gujarat, India. The authors examine the reasons for discontinuation and non-use of various modern contraceptive methods by tribals and draw contrasts with practices in the urban population. They consider the roles of women, family members, local leaders, and effective communication, along with NGOs and the private sector, and make recommendations for increasing access to and usage of various family-planning methods by the tribals.     

GENDER AND ADOLESCENT RELATIONSHIP VIOLENCE: A CONTEXTUAL EXAMINATION*

A growing body of research examines the problem of adolescent dating violence. In these studies, fairly high rates of female‐to‐male violence have been documented, leading to considerable debate about the role of gender in dating and other partner violence. Drawing from a broader qualitative study of violence in the lives of African‐American youths from a distressed urban community, we weigh in on this debate by providing a contextual examination of the nature, circumstances, and meanings of adolescent dating violence. Our research shows that the meanings and consequences of girls ‘violence are strikingly different than those of boys’, and that both are grounded in gender inequalities. We conclude by discussing the significance of these findings for both feminist and general research on dating violence.     

How the court made a federation of the EU

We analyze the European institutional integration that took place in the 1950s and 1960s as a two-stage process. Firstly, an explicitly political project aims at establishing a European political community. The project is abandoned in the mid-1950s and political integration stops. At that time, the institutions of the Union take the form of a confederation. In a second stage, because of the failure of the European political community, a legal process of integration driven by the European Court of Justice takes place. This second stage of unification is more centralizing and in effect leads to a federalization of the European institutional structure. The transformation of the political structure of the European Union thus appears to result from the actions and decisions of a legal entity, the European Court of Justice.      

Justice Beliefs in School: Distinguishing Ultimate and Immanent Justice

This paper combines two recent developments in just world research: the conception of belief in a just world (BJW) as a resource for coping and well-being in everyday life, and the distinction between two different facets of BJW, namely belief in immanent justice (BIJ) and belief in ultimate justice (BUJ). Moreover, these two aspects are adapted to the school context and educational psychology. Scales for measuring ultimate and immanent justice in schools were developed within a German pilot reform project with a sample of 1274 pupils. The two facets could be distinguished by means of factor analysis. The reliability of the two scales is satisfactory, and their validity is confirmed by their differential correlational patterns. Results show that not every form of BJW automatically functions as a coping resource. In fact, only BUJ is able to protect pupils' mental well-being, whereas immanent justice can actually jeopardize well-being. Similarly, BUJ is associated with the perception of solidarity and learning enjoyment in class, whereas BIJ is more closely associated with the experience of rivalry and competition in class. Finally, the socialization of the two justice beliefs is considered. The cross-sectional data provide some evidence to suggest that friendly and supportive parenting styles can promote BUJ, whereas strict parenting styles may further BIJ. More longitudinal research is needed to obtain further insights into these phenomena.     

The alternative incumbency effect: Electing women legislators in Indonesia

Between the 1999 and 2009 elections the proportion of national female legislators in Indonesia, the world's largest Muslim majority democracy, more than doubled. While this substantial increase may partly be explained by the recent imposition of a gender quota and placement mandate that have forced parties to increase the number of female candidates, quotas cannot fully explain the strong performance of women in the 2009 elections. First, many parties placed women higher on their lists than the laws required; second, voters appeared to over vote for women in some districts. Although incumbency's typical effect is to inhibit female electoral success by advantaging traditional (male) competitors, I argue that women benefited largely from an alternative effect: female incumbency can improve female candidate placement and electability by demonstrating female capacity and capability. Female newcomers benefited strongly from the presence of female incumbents in their own and bordering districts, thus suggesting a positive diffusion effect of female incumbency.     

性别失衡下的中国农村养老及其政策启示

中国社会转型期性别失衡带来的男性婚姻挤压问题对农村养老的影响是中国人口社会可持续发展的重大问题之一。本文利用2008—2010年的三次农村人口专项抽样调查数据,从性别、年代、婚姻、区域、人口流动等多视角综合分析了性别失衡背景下农村居民的养老意愿、代际支持行为以及男性失婚对父母生活满意度的影响,并探讨了婚姻挤压对中国农村养老带来的挑战及政策建议。研究发现,男性婚姻挤压问题已经对农村养老产生了重要影响:大龄未婚男性成为打算依靠政府救济养老的主要人群;大龄未婚男性给予父母的代际支持较弱、父母的生活满意度较低。文章丰富和发展了养老研究的视角,初步识别了性别失衡给农村养老所带来的负面后果,研究有利于进一步认识性别失衡的人口社会后果,并为综合治理性别失衡问题提供现实依据。