中国网络化政治参与及其应对

网络政治参与具有平等的参与主体、自由的参与空间、低成本的参与手段、虚拟的参与身份等各种特点。从功能上讲，它有双面效应。一方面，它能改善政治参与的途径和手段、激发公众的参与热情、扩大政治参与规模、提高网民的政治社会化程度和促进政府工作的廉洁高效；另一方面，网络政治参与的信息不可靠，可能会引发政治体系的合法性危机和新的社会不平等。为此，要从参与机制、参与者素质、参与文化和政府作用等方面来完善和推动中国网络化政治参与。     

股权转让合同效力研究

股权转让合同受合同法和公司法的双重规制,其既具有一般合同的共性又具有自己的特性。股权转让合同以自成立时生效为原则,以批准或登记生效为例外。股权转让合同生效只发生债权法上的效果,不会当然引起股权的变动。股权变动须经过法定的公示方式,股权变动的不同公示方式分别对应着不同的法律意义。未经其他股东同意的股权转让合同的效力状况以及对其他股东优先购买权的影响不可一概而论,应区分不同情形做出具体分析。     

中、法约定夫妻财产制差异比较

约定夫妻财产制是现代婚姻家庭法中一项重要的财产制度。我国现行《婚姻法》在该制度的建构上存在诸多不足之处。对中、法两国夫妻财产约定的形式、法律效力等方面进行比较,建议我国立法机关应在改进现行立法结构、设立夫妻财产契约登记公示制度、补充夫妻财产契约变更等方面加以完善。     

Field Experiments on Eyewitness Identification: Towards a Better Understanding of Pitfalls and Prospects

The Illinois pilot program on lineup procedures has helped sharpen the focus on the types of controls that are needed in eyewitness field experiments and the limits that exist for interpreting outcome measures (rates of suspect and filler identifications). A widely-known limitation of field experiments is that, unlike simulated crime experiments, the guilt or innocence of the suspects is not easily known independently of the behavior of the eyewitnesses. Less well appreciated is that the rate of identification of lineup fillers, although clearly errors, can be a misleading measure if the filler identification rate is used to assess which of two or more lineup procedures is the better procedure. Several examples are used to illustrate that there are clearly improper procedures that would yield fewer identifications of fillers than would their proper counterparts. For example, biased lineup structure (e.g., using poorly matched fillers) as well as suggestive lineup procedures (that can result from non-blind administration of lineups) would reduce filler identification errors compared to unbiased and non-suggestive procedures. Hence, under many circumstances filler identification rates can be misleading indicators of preferred methods. Comparisons of lineup procedures in future field experiments will not be easily accepted in the absence of double-blind administration methods in all conditions plus true random assignment to conditions.     

必要性原则内涵之重构

必要性原则包含了宪政层面的必要性和行政法层面的必要性双重内涵。它是指立法机关或行政机关在能够相同有效地实现目标的诸多手段中,应该选择对个人权利最小侵害的措施。故对必要性精神的把握,就转化为对"相同有效"、"个人权利"和"最小侵害"等相关概念的正确理解。     

格头村苗族习惯法中的婚姻制度

雷山县是全国最集中的苗族聚居县之一,由于特殊的地理环境和历史背景,较好地保留了原始苗族习惯法文化。保留得最好,能够形成完整系统的最典型习惯法制度就是当地的婚姻制度。历史上传承下来的游方规则、结婚限制规则和结婚形式等制度与国家法多元并存,仍然发挥着重要的作用。     

Contextual Effects on Individual Voting Behavior: The Case of Taiwan

This study investigates the voting behavior of the Taiwanese electorate in two different levels of election by taking into account two aggregate-level effects, namely the political and economic contextual effects. Using both individual-level and aggregate-level data to study the 2008 legislative election and the 2012 presidential election in Taiwan, this paper not only confirms that the valence politics explanation outperforms other individual-level voting models in the legislative election and in other elections in Taiwan, but also demonstrates how the two contextual effects influence individual voting behavior. Specifically, the political contextual effect had influence on the individual electoral choice in both the 2008 legislative election and the 2012 presidential election, whereas economic contexts only affect voters’ decision when choosing a president. The multilevel analysis reveals that different individual-level voting models could provide partial explanation for voting behavior; however, the findings also show that we may overlook how contextual effects may affect the electoral choice.     

Birth order and youth delinquent behaviour testing the differential parental control hypothesis in a french representative sample

Studies on delinquent behaviour have frequently shown that firstborn children are less involved in delinquency than middle-born children. We suggest that differential parental control of the children depending on their ordinal position might account for this phenomenon. The study, carried out with a French representative sample (n=1129), indicated that firstborns were more supervised than middle-borns. Firstborns reported less minor offences and serious offences than middle-born children. However, when sibship size and parental supervision were controlled in a subsequent analysis of covariance, the effect of ordinal position on serious offences disappeared, whereas the birth-order effect on minor offences declined but remained significant. It is concluded that ordinal position plays a moderate role in delinquent behaviour and that this effect is partly induced by differential parental control.     

Challenging interviewees during interviews: The potential effects on lie detection

Abstract

The impact of interview styles on lie detection was examined. Thirty-six truth tellers and liars (undergraduates) were interviewed in three different ways: The interview started with an information-gathering interview style (Phase 1), which then developed into an interrogation (Phase 2), and finally transformed back into an information-gathering interview style (Phase 3). On the basis of DePaulo and Kirkendol's Motivational Impairment Effect, which suggests that when people are highly motivated to get away with their lies they actually look like they are controlling their behavior, it was hypothesized that the most prominent differences between liars and truth tellers would emerge in Phase 3. The findings supported this hypothesis, and thus suggest that specific interview styles could facilitate lie detection.     

新刑事诉讼法实施对渎侦工作的影响及对策

刑事刑诉法修订是对我国刑事诉讼法律制度的重要补充和完善,一方面由于强制措施以及侦查手段的强化,进一步确保了渎职侵权犯罪侦查工作顺利开展,另一方面出于对犯罪嫌疑人权利的保障、非法证据的排除以及侦查程序的规范给渎侦工作又提出了更高的新要求。渎职侵权检察部门应当积极有效地应对新刑诉法实施过程中对渎侦工作带来的不利影响与负面冲击。