自主与不自足经济社会情境中的经济法定位:“社会性”的解读

经济法被界定为“社会法”,对于“社会性”的解读构成理性认知经济法内在规定性、明智设计经济法制度、进而合理型塑经济社会生活的纽结。由于“社会性”实现机制的构设实为个体、社会和国家间制衡格局的构建,自由主义和福利国家论两大理论范式对经济法产生了共识和分歧。在上述两种理论范式的智识洞见和理论缺陷的基础上,商谈论范式的相关立场和主张将有助于对经济法“社会性”定位的理论重解和制度重构。     

Deliberation,Democratic Decision-Making and Internal Political Efficacy

Empirical research into the possible positive consequences of deliberation increasingly reveals that there is a complex relationship between deliberation and its effects on citizens. In this experimental study I examine the relationship between internal political efficacy and one type of deliberation: deliberative decision-making. I also test whether different structures of decision-making mediate between deliberation and internal political efficacy. The data suggest that deliberative decision-making had no direct effect on a global measure of internal political efficacy. Participants in face-to-face deliberative decision-making, though, had higher scores on a situation-specific measure of internal political efficacy than participants who only voted. The structures of decision-making had no effect on either measure of internal political efficacy. These results support claims that deliberation will not necessarily lead to direct, positive effects on citizens internal political efficacy, but they also highlight the likelihood that face-to-face deliberation can lead citizens to feel more competent in their deliberative abilities.     

Changing the Tobacco Use Management System: Blending Systems Thinking with Actor–Network Theory

Managing “wicked” issues like the tobacco epidemic is addressed using a combination of Open Systems Thinking (OST) and Actor–Network Theory (ANT). OST was used to construct a model of the tobacco problem as a management system acting in a broader environment. This highlighted several problems with the current system but provided no mechanism for reform. ANT, the “sociology of translation,” was used for understanding how change occurs. Unlike systems thinking, ANT focuses the contest for change on heterogeneous networks of human and nonhuman actors that must be constructed through a process of defining and defending models of change, building alliances, gaining public acceptance, and finally achieving institutional acceptance of the reform (or of some compromise). We then show how this dual approach can shed light on a current challenge in controlling tobacco, the issue of product regulation, and the broader issue of harm reduction versus harm elimination.     

政府信息化系统群集成化建设模式研究

本文从我国政府信息化分散建设的实际情况出发,为解决不同单位间关联业务数据不共享、协同应用与业务整合的关联松散等实际问题,建立了政府信息化系统群集成化建设的框架模型,综合运用集合空间思想、群判别法知识和集成管理理论,提出了政府信息化系统群集成的判断依据,并对政府信息化系统群集成化建设管理机制进行了充分探索,为促进政府信息化系统群建设管理机制的改进提供借鉴,一定程度上推动了我国政府信息化系统的建设模式创新。     

Assessing the psychological and mechanical impact of electoral rules: A quasi-experiment

The paper assesses the influence of electoral rules on vote choice and election outcomes using a quasi-experiment conducted during a recent Canadian provincial election. Respondents were invited to vote under three voting systems (first past the post, alternative voting and proportional representation) and to answer a short questionnaire. We examine how the distribution of votes and seats is affected, and we ascertain how much of the total difference is due to psychological and mechanical effects. We find that a PR system would have increased legislative fractionalization by the equivalent of one effective party and that the mechanical effect is much more important than the psychological effect. As for AV, its mechanical and psychological effects act in opposite directions.     

Strategic voting and effective representation thresholds: Evidence from three Spanish general elections

The extent of strategic voting in the Spanish general elections of 2000, 2004 and 2008 is estimated using a new measure of strategic incentives suitable for proportional representation systems that avoids some of the problems associated with lagged variables. Strategic behaviour increased from 12 to 33 per cent of the electoral base of the United Left Party, the major victim of strategic defection. This estimate is a conservative one as elite mobilisation is controlled for in the constituencies, which is unusual in the literature on strategic voting that uses regression‐based methods.     

Unmanned aircraft systems: Surveillance,ethics and privacy in civil applications

This paper examines how the use of unmanned aircraft systems (UASs) for surveillance in civil applications impacts upon privacy and other civil liberties. It argues that, despite the heterogeneity of these systems, the same “usual suspects” – the poor, people of colour and anti-government protesters – are targeted by UAS deployments. It discusses how current privacy-related legislation in the US, UK and European Union might apply to UASs. We find that current regulatory mechanisms do not adequately address privacy and civil liberties concerns because UASs are complex, multimodal surveillance systems that integrate a range of technologies and capabilities. The paper argues for a combination of top-down, legislated requirements and bottom-up impact assessments to adequately address privacy and civil liberties.     

违法侦查行为的程序性制裁效果研究——以非法口供排除规则为中心

不断出现的冤案及其背后的违法侦查问题使整个刑事司法的公信力日趋式微。学界和司法部门最高层认识到,只有通过建立非法证据排除规则,剥夺违法侦查者非法取证的利益,才能促使其依法取证。此谓程序性制裁。但是,在目前的机制下,由于我国违法侦查的发现几率极低、无法定罪的成本极小和次级制裁机制的乏力,程序性制裁根本无法成为依法取证的"激励机制"。因此,如果要使程序性制裁的威慑效果发挥作用,必须建立有效的违法侦查行为发现机制,把非法证据排除真正转变为违法侦查的成本,并使法院真正具备作出无罪判决的能力。     

The Linux FAT32 allocator and file creation order reconstruction

The allocation algorithm of the Linux FAT32 file system driver positions files on disk in such a way that their relative positions reveal information on the order in which these files have been created. This provides an opportunity to enrich information from (carved) file fragments with time information, even when such file fragments lack the file system metadata in which time-related information is usually to be found.Through source code analysis and experiments the behaviour of the Linux FAT allocator is examined. How an understanding of this allocator can be applied in practice is demonstrated with a case study involving a TomTom GPS car navigation device. In this case, time information played a crucial role. Large amounts of location records could be carved from this device's flash storage, yielding insight into the locations the device has visited—yet the carved records themselves offered no information on when the device had been at the locations. Still, bounds on the records' time of creation could be inferred when making use of filesystem timestamps related to neighbouring on-disk positions.Finally, we perform experiments which contrast the Linux behaviour with that of Windows 7. We show that the latter differs subtly, breaking the strong relation between creation order and position.     

老旧小区加装电梯的冲突分析及解决:基于协商式角色模拟的研究

随着我国老龄化社会的来临,老旧小区加装电梯成为备受关注的社会问题,各地政府也陆续推出相关支持政策,然而加装电梯之路并不平坦。对于这一典型的公共冲突,协商式角色模拟方法为分析和协调不同相关方之间的利益冲突、寻求冲突解决之道提供了新的思路。老旧小区加装电梯中的冲突化解,不仅要探索具体的解决策略,还应从以下三个方面完善相关政策:适当放宽业主同意原则;确定相关技术规程及利益补偿依据;地方政府加快制定加装电梯行动指南。