论民法法典化的基础--从罗马法到现代社会

中国民法法典化已经是大势所趋.然而民法的法典化从来都不是偶然的,它是特定历史基础的必然产物.探寻民法法典化的基础,应以罗马法的历史为出发点,从社会形态、经济体制、政治模式、法哲学、法理论研究及法文化等几个主要方面展开论证.     

公安标准化与“三基”工程建设

公安标准化工作是国家标准化工作的重要组成部分,是公安工作规范化、科学化和公安队伍建设正规化的基础工作,对推进“三基”工程建设向纵深发展具有十分重要的意义。应当根据“三基”工程建设的需求,运用公安标准化的简化、统一、协调、优化的原理,使当前的“三基”工程建设成果形成长效机制。     

Supporting political debate while building patterns of trust: the role of the German political foundations in Tunisia (1989–2017)

This article focuses on a specific aspect of the international context surrounding the Tunisian transition to democracy. Through the case of the German political foundations in Tunisia, this study argues that the country’s journey to democracy has not been an exclusively domestic affair, but has also been the product of the engagement of international actors and their interplay with domestic groups. Building on evidence from semi-structured interviews and data triangulation the article shows that since the late 1980s four German political foundations operating in Tunisia created platforms for ‘political debate’ – alternative to the regime’s but not subversive – and encouraged political training. The article posits that initially the German political foundations helped Ben Ali’s regime in the making of a ‘façade liberalisation’, while in the long run their activities generated unintended consequences that in part undermined its ‘authoritarianism upgraded’. The article demonstrates that their longstanding presence on the ground allowed the German political foundations to develop patterns of trust with and between political and civil groups, ultimately improving the capacity of their action after the revolution.     

President or Predator? The Social Construction of Donald Trump in a Divided America

ABSTRACT

During the presidential election, numerous women accused Donald Trump of sexual harassment and/or assault. Then a presidential candidate, he denied these complaints and said the women were all untruthful – a position he has continued to espouse. To explore “who the public believes,” we commissioned YouGov to conduct an opt-in online survey of a national sample of 1,000 Americans. Notably, half of Americans (51.0%) believed that “the women are telling the truth when they reported that Mr. Trump sexually harassed or assaulted them” versus 23.1% who sided with the president. Nearly two-thirds (64.9%) stated that it was unlikely that all the women were lying, and 3 in 5 Americans (60.5%) supported President Trump’s impeachment by the U.S. Congress if these accusations could be proven. Informed by research on political psychology (especially Haidt’s The Righteous Mind), the data are explored to see why Americans embrace divergent moral narratives – with some seeing Mr. Trump as a truthful president and others seeing him as a predator unworthy of the office he holds.     

物权法定原则否认论略

物权法定原则在当代社会,尤其是在我国,人们赋予其上的诸多功能或者说其理论基础,并不具有或已经丧失。多元化的物权公示原则构成了对物权法定原则的致命的突破点。通过对物权法定原则的诸多功能的剥离、返还、替代和转换,可以取消之,代之以一个以物权公示原则为中心的物权法体系。     

The New Era of Stakeholder Engagement: Gaining,Maintaining, and Repairing Legitimacy in Nonprofit Organizations

The need for nonprofits to foster legitimacy within their communities has led to growing calls for mechanisms of sound governance based on the engagement of stakeholders in organizational activities. Previous studies have investigated the mix of governance mechanisms used by nonprofits to manage legitimacy, without paying attention to the different challenges of legitimacy these organizations face. Aiming to fill this gap, this article employs a multiple case study methodology to explore how mechanisms for engaging stakeholders in governance can be shaped by the need to gain, maintain, or repair legitimacy. The findings show that formal mechanisms based on the direct designation of board members by local stakeholders play a pivotal role in repairing legitimacy. Gaining legitimacy requires actual participation of stakeholders, while maintaining legitimacy calls for formal mechanisms that balance representativeness and competencies of the leadership.     

司法工作人员与无身份者共同实施真正身份犯的共犯成立类型

根据共犯处罚根据论中的修正的惹起说,以及对实行行为的实质理解,在无身份者参与司法工作人员实施的真正身份犯的犯罪行为的场合,无身份者不仅可以构成教唆犯或者帮助犯,而且还可以构成共同正犯。甚至无身份者还完全可以利用司法工作人员实施犯罪,构成真正身份犯的间接正犯,不过这种场合下司法工作人员不构成犯罪,二者不再构成共同犯罪。在司法工作人员参与无身份者实施的真正身份犯的犯罪行为时,司法工作人员只能构成间接正犯,而不能构成教唆犯,无身份者只能构成帮助犯,不能构成实行犯。     

Grantmaking in a Disorderly World: The Limits of Rationalism

This article reflects on the real world relevance of rational approaches to grantmaking. The characteristics and environment of foundation work are outlined, then both traditional and newer funding practices are analysed. Unpacking implicit assumptions of a rational approach, eight costs to foundations and their grantees are identified. The final sections of the paper consider what grantmaking for a complex and disorderly world might encompass. In conclusion, while rational approaches to grantmaking provide a comfortable aura of certainty, funders need to adapt to a little discomfort.     

Speaking Different Languages or Reading From the Same Script? Word Usage of Democratic and Republican Politicians

Words are believed to be indicators of the values that are important to politicians and an impressive amount of empirical research has analyzed variations in language use. While it is generally accepted that there are value differences between Democrats and Republicans, the extent to which these differences are reflected in word usage has been theorized but is largely untested. The connection between values and language is, theoretically, not limited just to politicians, but should be especially evident among politicians as representatives of existing ideological poles. In this article, we examine elite rhetoric through the lens of four value-centered theoretical frameworks (Lakoff’s Parenting Styles model, Moral Foundations Theory, Schwartz’s Values Theory, and Motivated Social Cognition Theory). Contrary to the expectations posited by these four theories, we find little reliable evidence of value-related language differences between Democratic and Republican politicians. Our findings suggest that, at least when it comes to elite rhetoric, widely accepted theoretical claims about the value-based nature of political language and political differences are not consistently supported by empirical analysis.