《缘起首回》非文康原作——《儿女英雄传》新考

在现在常见的<儿女英雄传>版本中,<缘起首回>有着非常重要的作用和无可替代的地位.然而,从思想要旨、文献学角度、语言学角度、叙事学角度四个方面加以考证,种种迹象表明,<缘起首回>并非文康原作.     

商品房预售合同纠纷浅析

预售商品房实际交付的标志,是取得所有权证。格式合同中的不合理条款的效力确定,不能完全适用显失公平原则认定无效,可根据具体情况,认定部分不公平条款无效,而合同其它部分继续履行。逾期不交房不能即可解除合同,只有预售方根本违约的,预购方才能解除合同。     

Digital evidence and the crime scene

Many criminal investigations maintain an element of digital evidence, where it is the role of the first responder in many cases to both identify its presence at any crime scene, and assess its worth. Whilst in some instances the existence and role of a digital device at-scene may be obvious, in others, the first responder will be required to evaluate whether any ‘digital opportunities’ exist which could support their inquiry, and if so, where these are. This work discusses the potential presence of digital evidence at crime scenes, approaches to identifying it and the contexts in which it may exist, focusing on the investigative opportunities that devices may offer. The concept of digital devices acting as ‘digital witnesses’ is proposed, followed by an examination of potential ‘digital crime scene’ scenarios and strategies for processing them.     

The urban household in Russia and the Soviet Union, 1900–2000: Patterns of family formation in a turbulent century

Starting from census data on co-residence and household composition, the authors analyse principles of family organisation and family formation in twentieth-century urban Russia and the Soviet Union. The article uses an adapted version of the classification of households developed by Peter Laslett and Eugene Hammel to study variation in household structure for successive population censuses. Changes in this variation between cross-sections are explained with the help of additional quantitative and qualitative data and are linked to the fundamental demographic, social and economic shifts which took place in Russian society in the course of the twentieth century. The article finds a family system characterised by a tendency towards nuclear family formation, but incorporating a fairly stable element of household extension. Co-residence of three generations was both an answer to a perennial housing problem and offered important advantages in the sphere of childcare and care for the elderly. Variation and fluctuation in household structure are found to be most pronounced during the turbulent first half of the century. After a period of stability during the post-war decades of Soviet rule, post-Soviet transformations provoke new changes.     

中华苏维埃共和国代表大会代表结构分析——以“一苏大”、“二苏大”代表成员为研究对象

大会代表是代表大会的主要组成部分。通过对"一苏大"、"二苏大"代表结构的分析可以看出,大会代表的代表性是代表大会成功召开的基础,是大会的关键和根本所在,代表资格的确定决定了所建政权的性质。从代表的某些客观条件看,如知识、年龄、地域分布和性别因素,反映了中央苏区中国共产党领导的民主性、革命性和相对广泛性特征,代表结构的变化也对苏区发展产生了良好的影响。     

Comment on Elvin K. Wyly and Daniel J. Hammel's “Islands of Decay in Seas of Renewal: Housing Policy and the Resurgence of Gentrication”

Abstract

Wyly and Hammel raise a number of important issues regarding the role of low‐income housing assistance in the more recent resurgence of inner‐city capital investment. However, their methodologies are found to be limited, and their results only weakly support a number of the strong conclusions they draw. Despite these limitations, Wyly and Hammel do present some interesting findings, such as greater loan denial rates for higher‐income applicants in the inner cities than in the suburbs, and raise the possibility of a changing income mix of urban gentrifiers. Building on the article's main theme, the comment suggests strategies to improve low‐income housing policy outcomes and highlights the gentrification conundrum.     

The case for a right to housing

Abstract

America has the resources to guarantee everyone a right to decent, affordable housing, making real the now 50‐year‐old congressionally promulgated National Housing Goal. The issue is one of values—constantly expanding notions of social, civil, and economic rights—and can only be won through political struggle, as has been true historically of all rights expansions.

The costs of not attaining this right, to those suffering from substandard housing conditions and unaffordable costs as well as to society as a whole, should be acknowledged and offset against the increased government outlays required to attain this goal. Ways in which some housing rights now exist are identified as a basis for wider expansion to a true right to decent, affordable housing.     

俄罗斯与中国社会经济体系改革进程与模式比较研究——以俄中住房体系改革为视角

住房体系改革作为整体经济与社会制度变迁的一个组成部分,不仅对住房模式带来巨大的影响,同时还影响到一个国家的经济发展与社会问题的形成。仅就对经济的短期贡献而言,中国的住房体系改革成就无疑是引人瞩目的,而俄罗斯住房体系改革并未给经济增长带来额外的贡献。但从改革生成的结果现状,特别是已经形成的住房体系模式而言,中国住房体系改革结果的后期修正代价已经显现且成本巨大。在已经成熟的市场经济体系的未来制度改革设计方面,俄罗斯住房体系的制度变迁也许可以给我们提供一些思考的路径。     

复议前置抑或自由选择——我国行政复议与行政诉讼关系的处理

因行政复议的低使用率和应对当前行政争议形势的不尽人意,要求用复议前置替代已实行20多年的自由选择模式,进而促使行政复议成为解决行政争议的主渠道的主张开始出现。然而,把复议前置作为改革方向值得商榷,其理由亦缺乏说服力。塑造行政复议公正性的品性,通过公正性赢得公众和当事人的信任并由此确立行政复议主渠道的地位,才是行政复议改革的根本之策。     

The European Court of Justice – The Need for Change in a Changing World

The article, from a speech delivered at the 11th Liverpool Law ReviewAnnual Lecture at The Law School, Liverpool John Moore's University, November 2001, before invited guests and students, considers the role and position of the European Courts in achieving the objectives of the treaties and institutions of the European Union. It examines the current position of the Court of Justice of the European Communities and the Court of First Instance of the European Communities and the implications of the structural changes introduced by the Amsterdam Treaty. The article reflects upon how the future accession to the Union of new Member States may affect that situation. It also considers how changes proposed in the Treaty of Nice, when ratified, will enable the European Courts to meet future demands placed upon them. This revised version was published online in August 2006 with corrections to the Cover Date.