非法持有枪支、弹药罪的若干问题研究

非法持有枪支、弹药罪是我国现行刑法所规定的新型犯罪之一,它以持有作为认定行为人构成犯罪的行为表现方式,不同于传统上以作为和不作为行为表现方式的犯罪。在中国现行刑法所规定的数百个罪名中只有持有型犯罪最为独特。持有型犯罪是以行为方式来归类的一类犯罪。认定持有型犯罪应坚持准确地界定犯罪对象的原则、坚持主客观相统一的原则,正确处理司法实践中持有型犯罪与相关罪的吸收、牵连、想象竞合、数罪并罚关系。     

经济法研究的“合”与“同”

学界普遍关注的经济法研究的“离乱”及其引发的“失序”问题,需要通过“求同存异”、“理论聚合”来加以解决,由此产生了经济法研究应关注的“合”与“同”的问题。从一般意义上说,应当在离合关系中把握“合”,在“求同”的过程中实现“合”;从经济法研究的具体情况来看,在研究路径、研究范式以及范畴研究上的“求同”,直接关系到经济法研究的方向、路径、方略,以及经济法学最基本的研究范式、特异性范畴的提炼和基本共识的形成,从而会对经济法学的发展产生深远影响。     

The presidential dynamics of leadership decline in contemporary British politics: the illustrative case of Tony Blair

The presidential analogy has provided many explanatory insights into the contemporary development of the British premiership. Nevertheless, the usage of this analytical device is almost invariably confined to the establishment and consolidation of leadership. This article demonstrates that the presidential dimension has comparable utility in accounting for the erosion and decline of leadership. In examining the Blair premiership in relation to three signature themes of the American presidency – public outreach, personalized leadership, and democratic disjunction – the analysis reveals a set of dynamics that not only provides a vehicle for political opposition but largely predetermines the nature and formulation of that critique.     

论不作为犯罪中的先行行为

先行行为之作为义务只能是法律义务,不能是道德义务,否则,就会扩大犯罪范围,违反罪刑法定原则。先行行为必须限定一定的条件才负有作为义务。不作为犯罪中的先行行为可以是过失犯罪行为,但不包括故意犯罪行为。正当行为只可能引起道德上或民事上的义务,不能引起刑法上的作为义务。正当行为不能成为不作为犯罪的先行行为,否则,刑法体现的价值是对非法行为的保护。     

Reflections on the Two World Wars

正Editor's Note:In the 200 years since German philosopher Immanuel Kant wrote his famous essay,To Perpetual Peace:A Philosophical Sketch,the world has seen something closer to perpetual warfare:Countless wars,ranging from small-scale battles to the two devastating world wars of the 20th century,have caused untold misery and suffering.Even today,the world is far from being a tranquil and peaceful place.To mark the 100th anniversary of the outbreak of World War I(WWI)and the 75th anniversary of the World     

Changed?Childhood in Chinese Cities

正China’s remarkable economic and social development over the past years has made Chinese childhood today different by far from what older generations experienced.Most urban offspring are the sole child in their families,doted upon and lavished with material comforts.But the pressure on children today to achieve academic excellence,so encroaching on their play and freedom,is something     

LETTERS

正Employment,or unemployment,will remain a big issue for Chinese leaders in the new year.But it is primarily something that the individuals concerned,rather than policymakers,must deal with.Jobs give people dignity and the means to a living.Finding good jobs in such a populous country is not easy,but where there’s a will there’s a way.There are those     

China Stands Firm on Air Defense Identii cation Zone

正CHINA’s Defense Ministry announced the establishment of the East China Sea Air Defense Identification Zone (ADIZ) on November 23, 2013:Aircraft in the area must report their flight plans to Chinese authorities.Despite this practice being nothing new internationally, justified by international norms as a precaution to safeguard national airspace, it has still been met with strong protests from the U.S., Japan, South Korea, and Australia.     

Sleep deprivation does not mimic alcohol intoxication on field sobriety testing

Previous research shows that sleep deprivation (SD) produces cognitive impairment similar to that caused by alcohol intoxication. Individual studies suggest that SD also causes deficits in motor skills that could be mistaken for intoxication. Consequently, SD often is used as a defense when an impaired driver is charged with driving while intoxicated. Twenty-nine adult subjects participated in two test sessions each, one after a full night's rest and the other after wakefulness of at least 24 h. Subjects consumed prescribed amounts of alcohol during each session. Law enforcement officers conducted field sobriety tests identical to those with which a driver would be assessed at roadside. Researchers also measured clinical responses of visual function and vital signs. The presence and number of validated impairment clues increase with increasing blood alcohol concentration but not with SD. Thus, SD does not affect motor skills in a manner that would lead an officer to conclude that the suspect is intoxicated, unless intoxication also is present.     

Suggested Capacities for Minister's Success: An Empirical Approach Based on Saaty's AHP

The roles of ministers are complicated, multiple, and demanding. They need to perform both as a leader of public organization and as a political actor in the Cabinet as appointed by the president or prime minister. This research empirically examines which capacities and types of ministers account for their success. It concludes that a policy capacity is the most desirable ministerial capacity. In addition, this study concludes that a political type minister is the most appropriate ministerial type for ministerial success. However, there is not one best ministerial model, or one required capacity for ministerial success. That is, this study intends to better understand the virtue and the responsibility of ministers.