提供虚假证明文件罪之探究

提供虚假证明文件罪的犯罪主体,既有自然人主体也有单位主体,具体包含中介组织和中介组织工作人员两部分．刑法修正案》（六）对刑法第163条的修改使得本罪与该条在犯罪主体上发生了牵扯关系;本罪主体与刑法第385条无牵扯关系,与刑法第387条有牵修理关系刑法第229条第1款规定的是情节犯,第2款所规定的犯罪的法律性质,取决于第1、2款之间的关系。     

中国共产党的社会主义观探源

走社会主义道路是中国历史和中华民族在近现代反帝反封建革命斗争中的必然选择 ,是实现中华民族伟大复兴的唯一正确和可行的道路。中国共产党是领导中国人民进行社会主义革命和建设的唯一的伟大光荣正确的党。从她诞生的那一天起 ,她就领导着全国人民把马列主义的普遍真理同中国的具体实际相结合 ,就什么是社会主义 ,如何进行社会主义的革命和建设 ,怎样发展社会主义进行了不断的探索与实践 ,形成了有中国特色的社会主义观 ,形成了系统、科学的社会主义理论———毛泽东思想和邓小平理论。     

Reconocimiento del matrimonio religioso contraído en el extranjero (perspectiva mexicana)

The author presents the legal and doctrinal decisions about religious marriage recognition abroad. He finds that the “form” (the qualification) has not been the instrument to recognize the marriage. It is questionable whether that marriage in Mexico is a problem of form.     

论行政管理制度创新

行政管理制度创新是推进国家治理体系和治理能力现代化的重要内容。通过回顾和分析中国行政管理制度创新实践历程,建立“结构-过程-环境”的制度分析框架,行政管理制度创新可体现为结构性制度创新、运行性制度创新和赋能性制度创新三类。根据行政管理制度的层次性和位阶性,可以提炼出理念、体制、机制、工具等行政管理制度创新形态。在此基础上,对创新主体动机以及客体回应研究,归纳发现行政管理制度创新动力主要有绩效驱动﹑政治驱动、竞争驱动、技术驱动和事件驱动。中国新时代行政管理制度创新的突破点,要抓住机构改革和转变政府职能,提高运行效率,增强服务赋能,有针对性地运用创新动力,使不同类别的行政管理制度创新在不同层次发挥更大作用。     

工会视角下新就业形态的劳动关系问题及对策

研究使用北京市"新技术新业态新模式蓬勃发展对职工队伍和劳动关系的影响及应对举措"专题数据和调研访谈,描述了从事新就业形态劳动者及新就业形态劳动关系现状,并从工会角度提出面对新就业形态的思考和应对策略。新就业形态带来了大量就业岗位,同时也造成了平台从业者权利不平衡、劳动权益保障缺失、工作稳定性下降、传统劳动法律体系不适应、工会应对不足等问题。从工会角度出发,应对新就业形态的主要策略包括反映平台从业者的诉求、及时介入平台劳动争议、努力帮助提升新就业形态从业者就业质量、推动劳动法律体系向新就业形态从业者拓展等。     

转化型抢劫罪的未遂形态及其认定

转化型抢劫与普通抢劫罪一样,具有相同性质的法益侵害特征,它们都可区分既遂与未遂形态,且区分的标准不应该有本质上的差异。转化型抢劫的本质特征就在于行为性质的转化,不能把转化型抢劫的“着手实行”提前到转化前的行为。转化型抢劫罪同样是以行为人实施暴力、威胁后是否取得财物作为其既遂和未遂的划分标准。     

The Importance of Design in Affordable Housing: Lessons From Mutual Self-Help Housing in California

We focus on three nonprofit organizations developing mutual self-help housing and analyze their projects to examine how they are addressing cost increases. We find that instead of using simpler designs, they are developing more elaborate homes through intricate financing. We are critical of this evolution. First, we suggest that the original modest house design of mutual self-help housing allowed for more affordable housing through post-occupancy improvements and de facto incremental development. Second, after the modest design was replaced with a larger model, development costs increased. Despite financial innovations, including longer loan terms and secondary financing, participation by poor households dropped. Third, we urge a return to the modest housing idea. Fourth, we call for policymakers to better integrate design-based thinking in housing policy.     

Leaving Homelessness Behind: Housing Decisions Among Families Exiting Shelter

Because homelessness assistance programs are designed to help families, it is important for policymakers and practitioners to understand how families experiencing homelessness make housing decisions, particularly when they decide not to use available services. This study explores those decisions using in-depth qualitative interviews with 80 families recruited in shelters across four sites approximately six months after they were assigned to one of four conditions (permanent housing subsidies, project-based transitional housing, community-based rapid re-housing, or usual care). Familiar neighborhoods near children's schools, transportation, family and friends, and stability were important to families across conditions. Program restrictions on eligibility constrained family choices. Subsidized housing was the most desired intervention, and families leased up at higher rates than in other studies of poor families. Respondents were least comfortable in and most likely to leave transitional housing. Uncertainty associated with community-based rapid re-housing generated considerable anxiety. Across interventions, many families had to make unhappy compromises, often leading to further moves. Policy recommendations are offered.     

How democracy ends,by David Runciman

In 2006, Poland and Romania embarked on renewed lustration programmes. These late lustration policies expanded the scope and transparency measures associated with lustration as a form of transitional justice. While early lustration measures targeted political elites, late lustration policies include public and private sector positions, such as journalists, academics, business leaders, and others in ‘positions of public trust’. Given the legal controversy and moral complexity surrounding lustration, why lustrate so late in the post-communist transition and why expand the policies? The dominant explanation is that lustration is a tool of party politics and is a threat to democratic consolidation. However, the late lustration programmes do not fit this hypothesis neatly. The new laws have been restructured and packaged with other reform programmes, specifically anticorruption programmes. Late lustration has evolved to include economic and social, as well as political concerns. As such, some post-communist governments in Central and Eastern Europe appear to be trying to use lustration as a way to further the democratic transitions by addressing remaining public concerns about corruption, distrust, and inequality.     

Book reviews

The ongoing experiment of transitional justice (TJ) may soon find a new testing ground in Burundi. A long anticipated truth and reconciliation commission (TRC) is slated for establishment in the near future. Yet, Burundi continues to face longstanding and deep-rooted problems in its social, political, legal and institutional landscape that will fall outside of the remit of the TRC process, but that stand to negatively affect that process. Absent reform in these areas, the risk exists that the TRC may be judged as little more than inconsequential chatter by a population that has already suffered decades of violent conflict, social exclusion, corruption, and impunity. Informed by theories of transformative justice, this examination considers the potential shortcomings of TJ mechanisms where such reforms are yet to take place. It is argued that in contexts like Burundi, where impunity has become the norm, TJ mechanisms should form one part of a more combined process that ultimately aims to tackle the structures and dynamics that led to violence and that are reproduced in the present.