观往知来：美国第四修正案非法证据排除规则的新发展对中国的启示

美国联邦宪法第四修正案的证据排除规则是一项饱受争议的排除规则,曾经历过从严格适用到不断受限的发展过程,赫灵案的判决进一步削弱了该规则的基础。在未来,对该规则进行限制在相当长的时期内仍是一种主流趋势,其例外规则的适用范围将进一步得到扩张,而该规则本身的适用范围也将被进一步缩小。中国目前初步建立起了非法证据排除规则．在具体...     

拓宽学习视野 改善学习方法——对学习型党组织学习路径的思考

党的十七届四中全会在总结历史经验的基础上,提出"积极向书本学习、向实践学习、向群众学习"的要求,指明了建设学习型党组织的正确方向。建设学习型党组织,需要创新学习方法,把握全会提出的三种学习方式:一是向书本学习,坚定信念,立德储能;二是向实践学习,增长才干,历练作风;三是向群众学习,收获智慧,增进感情。     

试论军队律师介入部队重大经济活动中的职能发挥

军队律师应该介入部队重大经济活动,提供法律事务服务,切实履行军队律师的职责。要不断健全和完善军队律师介入部队重大经济活动的机制。     

An approach to minimizing legal and reputational risk in Red Team hacking exercises

Robust cyber-resilience depends on sound technical controls and testing of those controls in combination with rigorous cyber-security policies and practices. Increasingly, corporations and other organizations are seeking to test all of these, using methods more sophisticated than mere network penetration testing or other technical audit operations. More sophisticated organizations are also conducting so-called “Red Team” exercises, in which the organization tasks a small team of highly skilled and trained individuals to try to gain unauthorized access to physical and logical company assets and information. While such operations can have real value, they must be planned and conducted with great care in order to avoid violating the law or creating undue risk and reputational harm to the organization. This article explores these sometimes tricky issues, and offers practical risk-based guidance for organizations contemplating these types of exercises.     

第二次西园寺公望内阁时的“增师”问题研究

第二次西园寺公望内阁时的"增师"问题,不仅导致了西园寺内阁的垮台,也成为第一次护宪运动的导火索。文章主要分析政友会支持的首相西园寺公望和以元老山县有朋为靠山的陆军围绕这一问题所展开的较量。通过探讨内阁、军部、元老等各势力间的博弈状况,从中管窥大正民主运动前夕日本政界主要政治势力间的矛盾斗争。     

Western Medical Education on Trial: The Endurance of Peking Union Medical College, 1949–1985

Abstract

In the early twentieth century, Beijing's Peking Union Medical College (PUMC) stood as a prominent symbol of Western medical science and education in China. After the People's Republic of China was established in 1949, the People's Liberation Army (PLA) took control of the College between 1952 and 1956.This article argues that the endurance of PUMC as an institute of scientific, Western biomedicine in China was largely contingent upon reforms that the PLA instituted there. Drawing on Chinese accounts, as well as the observations of North American and European physicians, it asserts that political campaigns under Army leadership vehemently attacked American influences on the College but avoided direct criticisms of Western medical science itself. This dynamic politically legitimized the Western medical education that the College embodied. It also permitted PUMC to contribute to the development of Chinese military medicine, suggesting a significant connection between civilian and military medical education in the early People's Republic.     

CULTURE AS HISTORY: ENVISIONING CHANGE ACROSS AND BEYOND “EASTERN” AND “WESTERN” CIVILIZATIONS IN THE MAY FOURTH ERA

Abstract

This essay examines an influential debate that took place during China's May Fourth era (circa 1915–1927) concerning the character of “Eastern” and “Western” civilizations. In this debate, both moderates and radicals wrestle with a growing awareness that cultures have not only a spatial existence but also a historical career, which has encouraged the development of certain institutions and attitudes and discouraged others. Spatial terms mark not only the places where knowledge circulates, but also the particular pasts-and thus futures-toward which Chinese thinkers align themselves. This way of figuring “East” and “West” enables May Fourth thinkers to do more than sort civilizational characteristics into categories of the inevitably universal and the irredeemably particular, as many commentators have assumed. It also facilitates the travel of cultural products and practices across the spatial as well as temporal boundaries originally seen to contain them.     

The iron law of democratic socialism: British and Austrian influences on the young Karl Polanyi

Abstract

A central thesis of Karl Polanyi's The great transformation concerns the tensions between capitalism and democracy: the former embodies the principle of inequality, while democracy represents that of equality. This paper explores the intellectual heritage of this thesis, in the ‘functional theory’ of G.D.H. Cole and Otto Bauer and in the writings of Eduard Bernstein. It scrutinizes Polanyi's relationship with Bernstein's ‘evolutionary socialism’ and charts his ‘double movement’ vis-à-vis Marxist philosophy: in the 1910s he reacted sharply against Marxism's deterministic excesses, but he then, in the 1920s, engaged in sympathetic dialogue with Austro-Marxist thinkers. The latter, like Bernstein, disavowed economic determinism and insisted upon the importance and autonomy of ethics. Yet they simultaneously predicted a law-like expansion of democracy from the political to the economic arena. Analysis of this contradiction provides the basis for a concluding discussion that reconsiders the deterministic threads in Polanyi's oeuvre. Whereas for some Polanyi scholars these attest to his residual attraction to Marxism, I argue that matters are more complex. While Polanyi did repudiate the more rigidly deterministic of currents in Marxist philosophy, those to which he was attracted, notably Bernstein's ‘revision’ and Austro-Marxism, incorporated a deterministic fatalism of their own, in respect of democratization. Herein lies a more convincing explanation of Polanyi's incomplete escape from a deterministic philosophy of history, as exemplified in his masterwork, The great transformation.     

浅析红军团结改造神兵的历史经验

土地革命战争时期,活跃在湘鄂川黔边区的神兵有几十万之众。红军在创建湘鄂边、湘鄂川黔革命根据地的同时,依据党的统一战线理论和民族政策,对神兵实行团结改造的政策,取得良好的效果,争取数千神兵参加红军,使神兵成为红军的主要兵源之一,神兵为红军的壮大和根据地建设作出了贡献。     

李大钊早期传播马克思主义的再探讨

五四前后李大钊通过办报办刊、发表论著、组织社团、办学讲课、演讲辩论等方式向中国民众传播了马克思主义。他早年对马克思主义的研究和宣传主要涵盖了四方面内容：揭露了帝国主义的本质,阐述了十月革命的伟大意义;较系统地论述了马克思主义理论的基本内容;正确论述了中国革命的一些基本问题,如革命的步骤、手段、动力等等;号召学生和知识分子走与工农相结合的道路。这些杰出的思想主张形成了他早年的理论特色。当然,李大钊对马克思主义的最初理解也存在着一些不准确之处,这种认识偏差是与当时他所处的环境和背景分不开的。李大钊的可贵之处在于其思想随着社会的进步不断发展,并及时将先进的科学理论运用于中国社会变革的实践。