国际法案例教学的缘起与实践

国际法学教学中的＂个案研究＂或＂案例研究＂是当前法学教育尤其是国际法学教育的大势所趋。综观国内外的国际法教育教学的历史与实践,缘起于哈佛的案例教学大体有演绎法和归纳法两种形式。国际法案例教学符合国际法学原理的本质,符合国际法教学的基本规律,在教学实践中也取得了比传统教学模式更为优越的教学效果。国际法案例教学不同于英美法系的判例教学,在我们的法学教育教学中虽然非常重要,但还是辅助手段。     

有限合伙法律制度研究

有限合伙组织具有一般合伙组织和公司组织所具有的优越性,此种优越性可以满足于某些有经济地位但被法律禁止从商的人的要求,为他们剩余资本找到一种可靠的投资途径.我国最终在2006年认可了有限合伙制度,但在有限合伙的设立、内外部关系、合伙人份额的转移等方面,仍待进一步研究.     

党政领导干部“缘何破格”理论探析

破格选拔党政领导是我国干部选拔任用中极为重要的途径之一。长期以来,学术界和社会民众也就这一问题就行了某些探讨;这种选拔和任用方式在实践中也被广泛应用。但是,真正从理性视角来探讨破格选拔党政领导干部问题的研究相对较少,对其学理依据和现实基础的全面分析仍显不足,这严重制约着破格选拔干部在理论上的深化和实践上的深入。我们从科学内涵、学理依据和现实基础三个角度对破格选拔党政领导干部的进行了积极的理性思考,从而得出了"破格选拔任用党政领导干部是优化干部选拔的一条必然路径选择"这一结论。     

Selection of image features for steganalysis based on the Fisher criterion

A steganalytic feature selection method based on the Fisher criterion used in pattern recognition is proposed in this paper in order to reduce effectively the high dimensionality of the statistical features used in state-of-the-art steganalysis. First, the separability of each single-dimension feature in the feature space is evaluated using the Fisher criterion, and these features are reordered in descending order of separability. Then, starting from the first dimension of the reordered features, as the dimension increases, the separability of each feature component is analyzed using the Fisher criterion combined with the Euclidean distance. Finally, the feature components with the best separability are selected as the final steganalytic features. Experimental results based on the selection of SPAM (Subtractive Pixel Adjacency Matrix) features in spatial-domain steganalysis and CC-PEV (Cartesian Calibrated feature extracted by PEVný) features in DCT-domain steganalysis show that the proposed method can not only reduce the dimensionality of the features efficiently while maintaining the accuracy of the steganalysis, but also greatly improve the detection efficiency.     

Gender Differences in Specialization in Intimate Partner Violence: Comparing the Gender Symmetry and Violent Resistance Perspectives

Research on male domestic violence offenders has typically considered them to be highly specialized offenders, and specialized theories and policies have been developed to address this type of offending. Some scholars have suggested that intimate partner violence is not as specialized as has been previously assumed. Especially in terms of gender differences, intimate partner violence research and theory suggest some variability in the level of specialization apparent for offenders. The current study uses the gender symmetry and violent resistance perspectives of women’s use of intimate partner violence to examine gender differences in specialization among a sample of intimate partner violence arrestees. Analyses employed multivariate models estimating the diversity index as a measure of specialization in general and multilevel item response theory to assess specialization in intimate partner violence specifically. Results indicate that female arrestees demonstrate significantly greater levels specialization as compared to male arrestees, providing support for the violent resistance perspective. Implications of these results and directions for future research are discussed.     

遏制公选“考试专业户”的一点思考——从选拔流程的角度

"会考不会干"的考试专业户被选拔任用,给公开选拔领导干部工作造成了负面影响。文章从公开选拔流程入手分析了造成这一现象的原因,指出应处理好公平公正与选拔成本、传统方法与先进技术的关系,并从科学制定公告、改进笔试、改进面试、改进考察、运用现代人才测评技术等方面提出了对策。     

Alcohol intoxicated eyewitnesses' memory of intimate partner violence

Alcohol affects memory in many, and mostly negative, ways. This is a problem in legal contexts as many witnesses are alcohol intoxicated when taking part of the critical event. However, research is sparse regarding how, and under what circumstances, the reports of alcohol intoxicated witnesses differ from those of sober witnesses. This study investigated whether alcohol intoxicated and sober eyewitnesses differ regarding completeness, accuracy, and type of information reported, as well as whether gender influenced these variables. Eighty-seven healthy men (n = 44) and women (n = 43) received either an alcoholic beverage (0.7 g/kg) or a control (juice) in a laboratory setting before viewing a film picturing intimate partner violence. Ten minutes after viewing the film, they were interviewed. Reports by alcohol intoxicated women were less complete, but as accurate, as sober women's. In contrast, intoxicated and sober men did not differ regarding completeness or accuracy. Furthermore, compared with sober women, intoxicated women reported fewer actions but no difference was found between the groups regarding reported objects. At this moderate dose, alcohol affected women's reports more than men's, which may be because alcohol affects attention and memory consolidation more clearly at a lower dose for women than for men.     

Contracting Out Parks and Recreation Services: Correcting for Selection Bias Using a Heckman Selection Model

Despite the growing scholarly attention on the efficiency rationale of contracting out, the empirical evidence to support claims that contracting out service delivery reduces service costs has not been forthcoming. Using transaction cost theories, this research explores park and recreation service provision costs across contractor sectors, controlling for the choice to contract out a service or not. The two-stage Heckman model indicates the importance of competitive markets and economies of scale in reducing transaction cost risk which local governments must face. This research also addresses how state and local institutional settings define the context in which policy decisions are made and implemented.     

Towards a Sociological Understanding of Islamic Radicalism in Indonesia

An upswing in labour costs and currency appreciation during the 1980s caused companies from more advanced Asian economies, such as Hong Kong, Japan and Taiwan, to search for new manufacturing sites in order to obtain lower costs. China was one of the main options for these outward investments, with its huge and rapidly growing market, plentiful, low-cost labour and vast territory. The literature on foreign direct investment has analysed the location strategies of multinational enterprises across national borders, but there have been fewer studies of location decisions by foreign investors within the borders of a single country. We examine how companies determine which location offers the best opportunity to establish an assembly-type manufacturing site in China. We surveyed 17 Taiwanese enterprises that have established this kind of manufacturing base in China, and found that the major factors influencing location selection are economics, politics, the cluster effect and bureaucratic efficiency. It was found that the eastern region, which includes Jiangsu, Zhejiang and Shanghai, was considered better for establishing manufacturing bases than other regions.     

FROM COUNTY MAGISTRATE TO COUNTY HEAD: THE ROLE AND SELECTION OF SENIOR COUNTY OFFICIALS IN GUANGDONG PROVINCE IN THE TRANSITION FROM EMPIRE TO REPUBLIC

Abstract

When China became a republic in 1912, the country’s core territorial units of province and county were retained intact. Continuity in the territorial architecture of state from empire to republic invites the question of whether provinces and counties were institutionally identical before and after the revolution. This paper explores adjustments made to the county level of government aimed at meeting republican ideals of good government and popular sovereignty. It probes changes in the roles assigned to county heads and the patterns of their appointment in Guangdong relating to educational qualifications, native places, and tenure over the transitional period. Employing magistrate tenure as a proxy for the stability of local government, the paper correlates variations in the length of tenure with other variables at the provincial and sub-provincial levels of government, including competition between different echelon levels, disputes between military and civil authorities, in-fighting among regime factions, and methods of appointment varying over time from appointment by administrative fiat to county-head elections. By relating these variables to longitudinal data on magistrates’ length of tenure, it identifies some of the challenges facing provincial and county authorities in trying to manage the revolutionary transition from empire to republic at the local level while keeping the inherited territorial system largely intact.