我国物权法应采纳物权行为的独立性理论

我国物权法可以不采纳物权行为的无因性理论,但不应置物权合意的存在、物权行为的独立性于不顾;物权行为是一种客观存在,其成立与效力适用法律行为的一般规则,但有其自身特色;不能因为物权行为的有因无因而否认物权行为的独立存在。文章并且提出《物权法(草案)》修改的具体建议,在诸多观点上具有新意和可操作性。     

'I Find Myself as Someone Who is in the Forest': Urban Refugees as Agents of Social Change in Kampala, Uganda

An in-depth investigation of the Kampala Urban Refugee Children'sEducation Centre (KURCEC), a refugee-initiated community-basedorganization in Uganda, allows for detailed exploration of thelivelihood strategies employed by urban refugees in the sphereof education and of the ways in which these strategies can promoteself-reliance and individual and community development in urbansituations. Urban refugees' development of KURCEC challengesperceived notions of refugees as burdens or as passive recipientsin a system that fosters dependency and shows that they areagents of social change within their own and their host communities.The focus on what works in the midst of crisis, desperation,and uncertainty is a deliberate attempt to promote researchand policy-setting that is forward-looking and productive ratherthan reactionary and regressive in the context of new developmentsin policy and practice relating to urban refugees worldwide.     

以人为本论析

"神"、"钱"、"权"都是人的某种本质力量的对象化,"神本"、"物本"、"官本"都是人以人的某种片面性的本质为本.以人为本不能归约为以民为本和以人民为本.在全球视域中,人作为同一性和同质性的类,人为本意指人是人的世界、社会、历史和人自身的根源和根基,世界、社会、历史和人自身是以人为本的.在社会和阶级视野中,人作为具体的现实的人,以人为本则是具体的、历史的,只有到了共产主义才展现出它的完整的形态.以人为本理念的贯彻和落实,依赖一种社会经济政治制度的安排,依赖于一种真正以人为本的客观社会生存模式.     

当前高校学生工作队伍建设问题探析

高校学生工作队伍应适应培养全面发展的大学生的要求和新形势、新情况变化的需要,要提高政治素质,加强理论修养,探索新的工作方法和途径。高校学生工作者在政治方向等六个方面要坚定和清醒,帮助大学生坚定政治使命,明确理想信念;要成为专家学者型人才,逐渐从单一“政工角色”向复合型的“教工角色”转变;要以正己为基础,成为学生的表率。     

Detecting Spatial Movement of Intra-Region Crime Patterns Over Time

Many of the traditional measures of the degree to which crime patterns change over space and time have limitations. In particular most are unable to determine any change in spatial crime pattern within an areal unit. Usually studies measure the change in crime levels in contiguous areas (expressed as discrete sub-divisions of a study area), but this can become problematic due to difficulties such as the Modifiable Areal Unit Problem (MAUP). This paper describes a technique developed to allow researchers to examine intra-study region changes in crime patterns between two time periods without the need to aggregate crime counts to within-city areal boundaries. The method presented uses a random point nearest neighbor test combined with a Monte Carlo simulation. The process resolves problems of patterning and the MAUP that are common with a number of spatial displacement and pattern movement studies. This technique is demonstrated with example data from a city-wide police burglary crackdown in the Australian capital.     

Prior Experiences as Temporal Frames of Reference in Social Justice: The Influence of Previous Fairness Experiences on Reactions to New and Old Supervisors

This paper focuses on the psychology of social change and social justice. Specifically, we focus on subordinates’ reactions to new and old supervisors, and we argue that in evaluating these different types of supervisors, subordinates may rely on prior fair or unfair experiences as temporal frames of reference. We further propose that a result of these frames of reference may be that previous fairness experiences have a bigger impact on subordinates’ reactions to subsequent neutral communications when an old rather than when a new supervisor is the source of that communication. Findings of two empirical studies indeed show that subordinates who had had fair experiences with a particular supervisor reacted more positively toward subsequent neutral messages when the communication was coming from the old supervisor rather than from the new supervisor. Subordinates who had had unfair experiences, however, reacted more negatively toward the communication when the source was the old rather than the new supervisor. Some evidence was also found for contrast effects such that people who react to a new supervisor may react more positively with the neutral demand from this authority figure when they have earlier experienced unfair as opposed to fair treatment by a different supervisory agent. These findings were obtained on subordinates’ satisfaction with the supervisors’ communication and their acceptance of the supervisor. Finally, we discuss the implications for the psychology of social change and social justice.     

Biotic Carbon Sequestration and the Kyoto Protocol: The Construction of Global Knowledge by the Intergovernmental Panel on Climate Change

This paper explores the dynamics of the production of global knowledge by an international knowledge organization, in this case the Intergovernmental Panel on Climate Change. Based on previous notions of international boundary organizations, the idea of international knowledge organizations emphasizes the knowledge generation function of such organizations rather than their convening function. Using the case of controversial Kyoto Protocol biotic carbon sequestration policies, I argue that boundary work and uncertainty management are the essential dynamics in the successful construction of global knowledge by international knowledge organizations. This uncertainty management occurs in a manner broadly, although not completely, in conformance with the institutional preferences of powerful policy actors. Global knowledge can legitimate and help refine global policies, but the process of its construction must be iterative and transparent if it is to be credible for global environmental governance over the long-term.     

迈向合作治理:通过法律规制平台经济的制度边界及优化

通过法律规制平台经济的过程,其实质是在治理平台经济发展带来的负面性问题。借助法律多元主义理论视角分析平台经济发展的制度供给,会发现国家法律与平台规则共同构成平台经济发展的制度约束与保障,同时也是平台治理的重要制度资源。任何一项制度资源的投入会随着制度实施的环境条件以及制度执行者的价值观念变化而产生制度成本与效益的边际效应,这就为国家法律与平台规则的功能范围设定了制度边界,因而需要优化配置制度资源的投入和组合。而国家法律和平台规则的互嵌性,以及国家法律与平台规则在服务于平台经济创新发展的目标耦合性,也就决定了国家法律和平台规则之间存在制度合作的空间。因此在平台经济治理中,通过审慎评估国家法律在平台经济领域的实施效果,有效吸纳平台规则的治理优势,优化政府监管执法资源投入,可以有效形成合作治理的平台经济秩序。     

The Good and Bad of Social Change: Ambivalence Toward Activist Groups

Inherent to any substantive social change is the disruption of the status quo. To the extent that individuals are motivated to preserve the current social system (e.g., Jost & Banaji, British Journal of Social Psychology, 33, 1–27, 1994), even social change in pursuit of positive goals might evoke ambivalent reactions. Although activist groups might elicit positivity because they are assumed to have positive qualities and they seek positive goals, they might evoke negativity because their actions disrupt the current social system. These experiments examined two different forms of disruption of the status quo. In Experiment 1, a group gaining power elicited greater ambivalence than a group losing power, regardless of the valence of the group’s goal. Importantly, the conditions that evoked ambivalence did not inhibit behavioral support. Experiment 2 found that a new group elicited more ambivalence than an established group when pursuing a positive goal. Consistent with theories emphasizing maintenance of the status quo, these findings demonstrate that attitudes toward activist groups do not derive solely from self-interest.

An Assessment of the Impact that Participation in Local Climate Networks Has on Cities’ Implementation of Climate,Energy, and Transportation Policies

Much of the attention surrounding local climate protection in the United States is associated with two networks: ICLEI Local Governments for Sustainability's Cities for Climate Protection and the U.S. Conference of Mayors’ Climate Protection Agreement (MCPA). However, the impact of these networks on member‐city actions has not been clearly established. This paper examines whether, and to what extent, participation in climate networks leads to the implementation of greenhouse gas (GHG)‐reducing policies, above and beyond what would have been done in their absence. To account for the possibility that cities which join climate networks are systematically different from those that do not and control for self‐selection induced bias, three statistical techniques—propensity score matching, Heckman full information maximum likelihood, and instrumental variables—are employed to estimate the “treatment effect” of participation. Results suggest that impact is network specific: ICLEI membership causes small to moderate increases in cities’ GHG‐relevant activity, whereas the MCPA has no such effect. The characteristics of each network are evaluated in light of these findings.