秦简廷行事考辨

云梦秦简出土后,整理者将其中的廷行事解释为成例,即判例,这是不准确的。文献典籍中的有关记述表明,行事一词中找不到成例的义项,更没有当年判例的意义。整理者将廷行事释为成例的两个依据不能成立。根据对秦简相关原文的分析,廷行事其实就是官府行事,或称官府的实际做法。这种实际做法和法律规定不一致,则是自由裁量权存在的结果。     

Unbundling R&D and Manufacturing: Postindustrial Myth or Economic Reality?

Understanding determinants of business location decisions is important from the point of view of economic policy. While the determinants of manufacturing and R&D location have been extensively covered in the literature, in this article we examine a largely neglected question: Under what conditions do manufacturing and R&D have to be physically colocated, that is, when is unbundling the two impossible? In a sample of 241 Finnish industrial firms, we find that unbundling R&D and manufacturing is possible for some companies but indeed a postindustrial myth of sorts for many others. The need for colocation correlates with knowledge intensity of activities: product complexity, process complexity, and industry rate of change, but interestingly enough, not with the size of the firm's R&D budget.     

Mortal threat: Latvian Jews at the dawn of Nazi occupation

In late June 1941, Nazi Germany stormed the borders of the Soviet Union, occupying the three Baltic republics within weeks. By the end of 1941, a significant proportion of the Jewish population had been murdered by German forces and local collaborators. In the days before full Nazi occupation of the territory, Latvia’s Jews confronted the question of whether to flee into the Russian interior or stay in their communities. History shows that this would be a critical choice. Testimonies and memoirs of Jewish survivors illuminate the competing motivations to leave or to remain. This article highlights the key factors that figured into these calculations and the interaction between individual agency and structural opportunities and obstacles in determining where Latvia’s Jews were when Holocaust in their homeland began.     

Working with sex offenders in a climate of public blame and anxiety: How to make defensible decisions for risk

Abstract

Work with sex offenders takes place in a climate of public blame and anxiety. This requires practitioners to adopt the highest standards of practice to ensure that defensible decisions are made. These are decisions that must withstand hindsight scrutiny in the light of a risk management failure. This paper reviews the key practice points that will assist practitioners in making defensible decisions, and the key challenges for practitioners in this challenging area of work.     

论公安行政复议决定书的制作及其相关问题

公安行政复议决定书是公安行政复议机关行使行政复议权的最重要的、有法律效力的文书.公安行政复议决定书必须依法制作,内容合法,格式规范;同时必须在法定的期限内作出,否则要负法律责任.     

Swimming for Their Lives—Waving or Drowning? A Review of the Evidence of Ministerial Overload and of Potential Remedies for It

There is a range of evidence pointing to the problem of overload on government ministers in both the UK and other Westminster-system countries. This article reviews evidence from the time of Gladstone to the present day, concentrating on evidence relating to the last twenty five years. It surveys the comments and opinions of serving and retired politicians and of academic commentators, assessing the contention that the burden on ministers has increased, is likely to continue to increase, and ought to be diminished. It goes on to look at what have been put forward as potential solutions and explores the extent to which they might offer some respite. Finally, the article concludes that the remedy to the problems involved largely lies in the hands of ministers and their closest advisers, and suggests that it is in all our interests that options to reduce overload should be further explored and implemented.     

司法裁决中的价值衡量

价值衡量是司法裁决中不可回避的问题,与此同时,针对价值判断也不无诸多疑问。无论如何,评价、判断涉及到的是法官过多的主观行为。由此,笔者从历史上重要的法学流派出发,提出了价值衡量存在的空间;并考量了价值衡量是否仅仅是法官任性作为,可否有其合理的可行性;以及简单介绍了在司法领域应用价值衡量的情形。     

Procedural decisions in intergroup conflict situations: The influence of hierarchical group membership

A review of research on procedural and distributive justice shows that whereas distributive justice research has examined people's actual choice of outcomes, procedural justice research has paid little attention to the investigation of people's actual choice of procedures. In the present paper, three experiments are presented, all investigating people's actual choice of procedures. In all three experiments, participants were in a middle-management position where their subordinates demanded an opportunity to voice their opinion, while their superiors demanded that the subordinates should not be allowed voice. In Experiments 1 and 2 it was found that participants who were induced to identify with the low hierarchical group (subordinates) allowed more voice than participants who were induced to identify with the high hierarchical group (superiors), but that the effect of hierarchical group membership was absent when maximizing performance (Experiment 1) or participative values (Experiment 2) were explicitly emphasized. In Experiment 3 it was found that the effect of hierarchical group membership on procedural decision making was also evident in persons who progressed from identifying with both hierarchical groups to identifying with one hierarchical group. In the discussion it is argued that cross-fertilization between the fields of procedural and distributive justice will deepen our understanding of social justice in general.     

刑事诉讼法中的决定权适用问题探讨

在我国的刑事诉讼过程中存在着司法机关拥有广泛的决定权 ,司法机关以决定的形式单方强制处分当事人的实体权利和诉讼权利的现象 ,这不仅侵犯了当事人的合法权益 ,而且也与现代刑事诉讼原则相背离。针对这一现状 ,我们有必要提出废止和变更决定权 ,使这一问题更能符合诉讼公平、公正的原则。