当代社会转型中人格矛盾及致罪的可能性分析

随着当代中国社会转型的进一步推进,交织并存的新旧两种体制、秩序规范将会导致人格矛盾。这些人格矛盾如果不加以调适,将会导致一系列的个人和社会问题。以社会心理学为指导,加强对公众心理素质教育,促使其心理机制转变;更新社会化模式,塑造现代人格,是缓解和消除当代中国社会转型中人格矛盾的重要途径。     

Procedural Change in the UK House of Commons, 1811–2015

Recent research has shown an increasing interest in the historical evolution of legislative institutions. The development of the UK Parliament has received particularly extensive attention. In this article, we contribute to this literature in three important ways. First, we introduce a complete, machine-readable data set of all the Standing Orders of the UK House of Commons between 1811 and 2015. Second, we demonstrate how this data set can be used to construct innovative measures of procedural change. Third, we illustrate a potential empirical application of the data set, offering an exploratory test of several expectations drawn from recent theories of formal rule change in parliamentary democracies. We conclude that the new data set has the potential to substantially advance our understanding of legislative reforms in the United Kingdom and beyond.     

The Sound of Rebellion: Voting Dissent and Legislative Speech in the UK House of Commons

Using data on the content of debate associated with votes in the UK House of Commons from 1992–2015, this article examines how government party MPs employ language in legislative speech when they vote against the party line. We find a robust statistical association between dissent on votes and the use of first-person pronouns, simpler language, and giving longer speeches. Using a random forest algorithm for classification, we find that these language covariates are predictive of rebellion. The use of simpler, first-person language has implications for political representation and offers new insight into how MPs use votes to distinguish themselves from their party, perhaps reflecting attempts to connect with constituents.     

Are city elections unique? Perceptions of electoral cleavages and social sorting across levels of government

A long tradition of scholarship has argued that the cleavages that animate urban politics are distinct from those that structure regional or national politics. More recent scholarship has challenged this view, demonstrating the relevance of cleavages that apply at higher levels of government, such as partisanship and ideology, for urban elections. We contribute to this debate by investigating the perceptions of urban residents themselves. Using survey data from a major Canadian city, we use a novel survey question battery to compare how urban residents understand municipal and provincial electoral cleavages. We consider two questions that speak to the distinctiveness of local politics: (1) How do electors perceive coalitions of support at the two levels of government, and do perceptions of coalitions differ across levels? (2) How do perceptions compare to actual electoral coalitions at the two levels? We find little evidence to support the view that local electoral cleavages are unique.     

The status stratification of radical right support: Reconsidering the occupational profile of UKIP’s electorate

Drawing on Weber’s conceptualisation of class and status as distinct principles of social order, this article argues that support for the United Kingdom Independence Party (UKIP) is better understood as a status-based phenomenon than a class-based one. Operationalising status as a function of social distance between occupational groups, we show that whilst class was a poor predictor of UKIP support in 2015, status scores were strongly and negatively correlated to the likelihood of supporting UKIP. The opposite is true for the Conservatives’ and the Labour Party’s electorates, which were still much more strongly aligned on class lines. The effect of status on UKIP preference remains strong after controlling for educational qualifications, suggesting that the status scale taps into a deeper divide than simply an educational cleavage. Moreover, we find that status plays a similar role in predicting the likelihood of voting for right-wing populist parties (RPPs) in other Western European countries as well.     

A problem-based approach to understanding public support for referendums

A prominent explanation of widespread popular support for referendums is dissatisfaction with the functioning of representative democracy. In this article, the aim is to gain a better understanding of how dissatisfaction affects support for referendums. Drawing on previous research, it is argued here that citizens follow a problem-based approach in their support for referendums, in that referendums are considered a suitable solution to address some specific problems in a political system but not all. Survey data from the 2012 European Social Survey (29 countries; N = 37,070) is used to show that citizens’ expectations towards and evaluations of representatives relate to support for referendums. In particular, dissatisfaction with the ability of governments to listen to their citizens is associated with higher support for referendums. In contrast, citizens dissatisfied with the government's ability to lead are less supportive of referendums. Furthermore, the relationship between dissatisfaction with governments’ ability to listen varies across countries depending on the level of experience with decision making via referendum. In countries where referendums are used more often, the expectation of referendums being able to solve the problem of unresponsive government is weaker. This study offers important insights into the different ways in which preferences and evaluations of representative practices relate to popular support for referendums.     

城市反贫困:政策比较与中国关怀

随着农村贫困人口的空间转换,城市未来将成为贫困问题凸显的集中地,为完成城市减贫目标,必须回到城市反贫困的政策之中。当前中国在城市反贫困政策上存在定位偏差、目标偏差和执行偏差的情况,救助政策侧重于消极保护,救助对象范围较小,政策之间难以衔接。为解决这些问题,须结合国外发达国家和发展中国家反贫困实践的经验,从定位转型、目标扩展和政策衔接三个方面入手,建设以积极支持为主要内容、以城市居民和新贫困群体为主要对象、"网式"服务的反贫困政策体系。     

数据跨境流动规制中的“长臂管辖”——对欧盟GDPR的原旨主义考察

欧盟《一般数据保护条例》是个人数据保护的重要立法之一,而其中的“长臂管辖”条款是最有特色并颇受争议的规则。从内在视角来看,欧盟语境下个人数据的特殊含义和重要地位,是“长臂管辖”的正当性基础。而其在制度上形成内外联动的局面,是因为欧盟想扭转其在全球互联网和信息产业的劣势地位,并增强其在全球数据保护立法的话语权,同时更好地保护个人数据和国家安全。对此,中国未来的数据保护立法应结合自身数据产业的特点,明确立法旨意,形成内外联动,在国际互联网和数据治理中采取积极有为的态度,掌握该领域的话语权。     

Transfer Pricing in BEPS Project and China's Response

A major concern on base erosion and profit shifting (BEPS) is transfer pricing, which is discussed in BEPS Action Items 8–10 and 13. Actions 8–10 contain revised guidance, which ensures that transfer pricing rules secure outcomes that better align operational profits with the economic activities that generate them, as well as guidance on transactions involving cross-border commodity transactions and on low value-adding intra-group services. Action 13 contains a three-tiered standardized approach to transfer pricing documentation, including a minimum standard on country-by-country reports (CbCRs). However, the approach of Actions 8–10 still focuses on the restoration of the dysfunctional rules built on the arm’s length principle, which is rooted in the principle of separate independent entity. The threshold of Action 13 excludes many large multinational enterprises (MNEs) from the CbCR requirement and deprives developing countries access to the information of MNEs below the threshold. Chapter 6 of the Chinese Corporate Income Tax Law, under the title “Special Tax Adjustments,” provided the legal foundations of transfer pricing and transfer pricing documentation in China. To effectively implement the BEPS package in China and to comprehensively update the existing Circular 2, the State Taxation Administration (STA) released a Discussion Draft of a Circular on Implementation Measures for Special Tax Adjustments in September 2015, ranging from Action 3 (controlled foreign company rules), Action 8–10 (aligning transfer pricing outcomes with value creation) to Action 13 (transfer pricing documentation and country-by-country reporting) in details. Right now, a series of patches, such as the STA Bulletins 45, 42, 64, and 6, have been made to replace a substantial part of Circular 2.     

论管制征收构成标准——以美国联邦最高法院判例为中心

美国联邦最高法院在审理33个管制征收案件时主要采用是否属于物理性侵占、是否属于经济利益互惠、财产权行使是否构成对公共或他人的妨碍、是否符合公共利益、对财产价值的影响程度五类标准。管制征收构成标准的体系构建,需通过对五类标准进行形式与实质递进式的双阶层划分来实现:是否属于物理性侵占、是否属于经济利益互惠以及财产权行使是否构成公共妨碍为第一阶层的形式标准。一项管制行为属于物理性侵占即构成管制征收;管制行为属于经济利益互惠或者财产权行使构成对公共或他人的妨碍,则不构成管制征收。在不属于物理性侵占、经济利益互惠或者财产权行使构成公共妨碍的情况下,对是否符合公共利益和对财产价值的影响程度作第二阶层的实质判断。不符合公共利益标准或者对财产价值造成过度影响的管制行为构成应于补偿的管制征收。