民事优先权之概念及性质辩析

民事优先权是指所有具备优先行使或优先实现效力的民事权利的总称。其核心是一种以优先实现为内容的利益,这种利益是由民法赋予特定人享有的,由民法确认和保护。民事优先权包括先取特权、优先申请权、优先受让权、优先承包权、优先承租权等。在性质上,民事优先权既不能笼统地归入实体权利或程序权利,也不能简单地归入物权或债权。民事优先权也不只是权利的一种效力,而是一种新型的、独立的民事权利。     

Missing the target and missing the point: ‘successful’ random assignment but misleading results

As the use of field experiments in criminology increases, discussions have focused on methods for achieving randomization, correcting for flawed randomization, increasing power and addressing treatment implementation problems in the interventions under study. This paper explores what may be a fairly common and basic challenge for field experimentation: the problem of attrition before random assignment in the targeted population—when an experiment may be well conducted, except that it ‘misses the target’ for a variety of possible reasons and produces experimental results that may be of questionable validity. To illustrate this basic, but seldom discussed, phenomenon, this paper draws on the examples of 13 field experiments by the author and colleagues as a body of case studies to assess the nature and magnitude of pre-assignment attrition and its possible implications for experimental findings.

Commentary on “Studying Eyewitness Investigations in the Field”: A Look Forward

Schacter et al. (2007, this issue) address the controversy surrounding an Illinois pilot project that attempted to compare sequential versus simultaneous police lineup formats. The statement by these experts will guide the design and execution of future field lineup experiments. This commentary discusses three aspects of field studies that pose challenges as lineup experiments are interpreted: the imprecise meaning of the dependent measure (eyewitness decisions), the limitations of single studies, and the necessity to devise public policy from incomplete knowledge. A combination of laboratory and field information provides the means to determine best practices in eyewitness identification procedures.     

If you ask,they will come (to register and vote): Field experiments with state election agencies on encouraging voter registration

We address the frequent critique that voter registration is a barrier to participation in the US. Institutional reforms to voter registration produce only small impacts on participation. We show the registration barrier can be reduced without changing laws or administrative processes using official communication seeking to change individual political behavior. In collaboration with state election agencies in two states, we conducted large-scale field experiments using low cost postcards aimed at increasing registration among eligible but unregistered citizens. The experiments find statistically and substantively significant effects on registration and turnout in subsequent elections. The research partnership with election officials is unusual and important for understanding electoral participation. Further, the population targeted for registration is broader than prior experiments on voter registration in the US. The results provide important insights about voter registration as a barrier to political participation, plus practical guidance for election officials to reduce this barrier.     

Can parties recruit postal voters? Experimental evidence from Britain

While easily-accessible postal voting is on the rise in many countries, the implications for electoral campaigns are largely under-researched. Indeed, parties actively try to sign supporters up to postal votes to make it easier for them to turn out. But how effective are these efforts to recruit supporters on to postal votes? We present an original, pre-registered postal voter recruitment experiment – the first conducted outside the US – completed during the May 2018 UK elections. We test the effect of a common recruitment tactic – letters and application forms sent to supporters. Despite being widely used by parties, we find that these efforts are ineffective at both recruiting and mobilising supporters. While the rewards of successfully signing supporters up to postal voting are potentially substantial, our results suggest that parties should consider the most effective ways of doing so.     

Does the Content of Political Appeals Matter in Motivating Participation? A Field Experiment on Self-disclosure in Political Appeals

Although robust citizen participation is fundamental to a healthy democracy, we still lack a clear sense of how to motivate participation. This paper presents the results of an experimental study designed to see if the content of political appeals matters in motivating participation. Previous research in this area has had mixed results. This paper finds that political appeals that include some self-disclosure about the person making the request triggers a liking heuristic that causes subjects to be more likely to comply with a request for action. Subjects receiving the treatment appeal are significantly more likely to donate money to support a political cause.

论基本权利作为法律行为无效的判断标准——最高法院1988年“工伤概不负责”案《批复》之检讨

宪法基本权利确立了一套客观价值秩序,既适用于国家与人民,也拘束私法关系,是法律行为效力的判断标准之一。由于宪法时下还不能作为判断法律行为无效的直接依据,应当将侵害基本权利的法律行为无效事由认定为违背公序良俗。违反法律与违背公序良俗都是法律行为无效的判断事由,基本权利透过公序良俗即可单独否定法律行为效力。最高法院1988年工伤概不负责案的《批复》将基本权利既视为法律又视为公序良俗,以此否定法律行为效力,在方法上欠为妥当,应予检讨。     

浅谈数字特效在电影中的运用

数字电影特效的出现对电影艺术有积极的现实意义:表现传统影像不能表现的视觉奇观,满足网络时代观众的心理需要,真切地传达人的情感和心灵感受,表现人类创造影像的无穷潜力。但数字技术支撑下的数字电影特效是制造电影真实感的手段而不是目的,电影艺术家应抓住“人文”这一电影生存命脉,让电影绽放迷人的艺术魅力。     

Is forensic science in danger of extinction?

Observations of modern day forensic science has prompted asking the question of whether this field is in danger of extinction. Although there have undoubtedly been meaningful advancements in analytical capabilities, we have overlooked several unintended practical and philosophical consequences. This article addresses three main areas of concern: the declining role of the generalist in an era of increased specialization, the role of education in preparing the next generation of forensic scientists, and the implementation of advanced instrumentation with a focus on statistical significance and field deployable instrumentation.     

Predicting law enforcement confidence in going ‘hands-on’: the impact of martial arts training,use-of-force self-efficacy,motivation, and apprehensiveness

ABSTRACT

In law enforcement, there are situations allowing officers to gain control of suspects by going ‘hands-on,’ or physically placing someone in custody beyond simple handcuffing. While much empirical attention is placed on more lethal use-of-force (UOF) measures, little is known about going hands-on. This is concerning considering when force is used, it is almost always with the use of hands, fist or feet only. The purpose of this pilot study is to examine whether martial arts training (MAT) and UOF self-efficacy predict confidence in going hands-on, after accounting for perceived motivation and apprehensiveness. It draws from an online survey, and a non-random subsample of 1,064 un-ranked patrol duty officers in the USA. Results indicate that MAT and high perceived UOF self-efficacy safely predict confidence in going hands-on, even after accounting for perceived motivation and apprehensiveness. Nonetheless, apprehensiveness, but not motivation, remains a strong predictor of not being confident in going hands-on.