论警察法律关系中的警察主体

警察法律关系主体是指在警察法律关系中享有权利和承担义务的双方当事人,它由警察机关和对方当事人构成。警察机关是否具有法律上的主体资格,即能否构成警察主体,则是警察法学研究的基本问题之一。文章正是从这一研究角度出发,对警察主体的概念、特征等予以界定,并将与警察主体相关的警察法律关系主体、警察机关、警察人员概念予以阐述和区别,以期加深对警察主体本质特征的理解。     

车辆接触相对运动关系的判断

作者结合实际研究了交通事故或涉车案件中,如何判断两车是否接触、接触时的相对运动关系等问题,总结了两种较有效的判断方法。     

Equality and family values: conflict or harmony?

Abstract

This paper provides a critical commentary on the claim advanced by Harry Brighouse and Adam Swift in their book Family Values: The Ethics of Parent–Child Relationships that there is an ineliminable conflict between relationship goods and fair equality of opportunity. I argue there need be no conflict between family values and equality of opportunity in a suitably non-hierarchical society. I also argue that the idea that equality of opportunity might be served by abolishing the family is mistaken. Egalitarian justice does not provide an obstacle to the realization of family values.     

Choosing channels. Intra-state and extra-state strategies of Belgian subnational authorities in response to the European Semester

Europeanization literature has found that, in general, subnational authorities prefer to target the EU indirectly via member state channels. This article tests whether these findings hold in the non-legislative domain of the European Semester. With respect to the Belgian case, the article concludes that all Belgian subnational authorities indeed primarily use the cooperative intra-state channels as a response to the domestic division of competences and the EU decision-making procedures. It also finds that in addition especially Flanders invests substantially in extra-state strategies towards EU institutions. The article concludes that stronger time constraints, lower compliance pressure and the more politically salient issues of the European Semester trigger the most prosperous and identity prone region to adopt additional extra-state channels on top of the dominant intra-state channels.     

Are same-sex relationships anti-family?: Investigating relationship stability among interracial gay partners in South Africa

One of the main heteronormative beliefs, especially in South Africa, is that same-sex partners do not enjoy stable relationships and that their relationships are often consciously short-term and lack enduring forms of commitment. The last three decades have witnessed the production of some studies (mostly in Europe and America) on same-sex intimate relationships and familial arrangements. Most of these studies compared same-sex and heterosexual relationships. Past studies found some similarities between love and satisfaction in heterosexual and same-sex intimate relationships. In this regard, this study examined relationships stability and satisfaction ingredients among interracial gay partners living in selected Johannesburg suburbs. This study is based on an eight-month qualitative study among 10 interracial gay partners living in some selected Johannesburg suburbs. Data were collected through in-depth interviews from 10 interracial gay men (comprising 20 men who are between 23 and 58 years at the time of the research) in intimate relationships. This study finds that relationship stability and satisfaction was linked to effective communication, trust and equity as the main elements of the interracial gay partnerships. Gay men in this study have similar desires for close intimate bonds and stable households – and adopt numerous resilience strategies to ensure that these relationships remain intact. This contradicts the general stereotype that gay men are anti-family and averse to monogamy. In line with the exchange theory, participants’ exchange of intangible resources, such as trust and effective communication, are associated with their satisfaction and relationship stability.     

Intergovernmental councils in Spain: Challenges and opportunities in a changing political context

ABSTRACT

This paper reviews the most important characteristics and of the Spanish Intergovernmental Councils (IGCs) and theorizes about the effect of the increasing fragmentation of the party system on the nature and dynamics of multilateral bargaining in IGCs. The essential argument is that party system fragmentation may have an impact on IGCs through its effect on the formation of minority and coalition governments. These types of governments may put an end to the two-bloc confrontation, bring to the system higher levels of party congruence between levels of government and lower the costs of compromise, three factors that may help to grease the bargaining process and, in turn, enhance the achievement of intergovernmental cooperation agreements. The positive effect will be conditional on several factors, namely the ideological coherence of inter-party alliances, the predominant type of government in the system (coalition or single-party minority) and the duration of governments.     

Local revenue structure under economic hardship: reliance on alternative revenue sources in California counties

This article investigates how a worsening economy affects local revenue structure, and whether the impact is moderated by the fiscal relationship within higher levels of government. The revenue potential of nontax sources – fees/charges and fines/forfeitures – is considerable for local governments under economic hardship. With the panel data from California counties over a period of 11 years (2000–2010), this article shows that reliance on nontax revenue largely depends on the economic and fiscal factors that vary across counties, and the effect of economy is contingent on local dependence on intergovernmental transfers. Counties are likely to raise nontax revenue when the economy worsens and their transfer-dependence increases, while the marginal effect of the economic indicators changes from negative to positive as transfer dependence increases. This article illuminates the characteristics of the two types of nontax sources in terms of the mechanisms of incentivising human behaviour and concludes with policy implications for researchers and practitioners.     

多媒体教学中人机关系的哲学思考

多媒体计算机应用于教育领域,给传统的教学活动带来了新的挑战,它打破了传统教学中所结成的人（教师）与人（学生）的单一交流模式,取而代之以新型的人（教师）-机-人（学生）的双向交互模式,而在这一模式中,人与机究竟形成了怎样的关系？本文欲从哲学视角进行阐述,以期更好地协调人机关系,促进教学改革。     

Don’t push too hard. Examining the managerial behaviours of local authorities in collaborative networks with nonprofit organisations

In recent years, collaborative networks have been at the forefront of theoretical, empirical and practical research into local governance. Nevertheless, the managerial behaviours local managers should employ in order to improve the performance of these networks are unclear. Following scholars' examinations of governance and the complementary relationship between government bodies and nonprofit organisations, we empirically examined – so far as we know for the first time – the relationship between local authority managerial behaviours towards nonprofit organisations, and the performance of collaborative networks. We found that above and beyond micro- and macro-level factors, the more the local authority employs inclusive governance and financial support behaviours towards the nonprofit organisation, the higher the performance of the collaborative network. In addition, the more the local authority employs monitoring-controlling behaviours, the lower the performance of the collaborative network. Theoretical and practical implications of our findings are developed in the context of local governance.     

Relationships of control and relationships of engagement: how educator intentions intersect with student experiences of restorative justice

The practice and popularity of restorative justice (RJ) in education has been growing in recent years. RJ can be understood in dramatically different ways by those implementing it. For some, RJ is about creating an environment of and for student engagement that challenges traditional systems of discipline and facilitates learning. For others, RJ is simply another tool for solidifying compliance and meting out punishment, albeit in a kinder, gentler way. This comparative case study focused on the use of RJ in one school in Scotland and one in Canada, exploring the intersection between educator intentions and student experiences. I determined that the key element is not the implementation of RJ, but the school’s predominant relational objectives. In a school where relational objectives are of social control, RJ is utilized to strengthen that control. Where the relational objectives are of social engagement, RJ is utilized to strengthen that engagement. RJ in schools is a window into what is most fundamental to students: relationships. The study argues that RJ, by itself, does not guarantee certain qualities of relationship, but it does allow us to examine those qualities and ask questions of how school relationships are used to engage and/or control students.