论共同犯罪中的实行减少

共同犯罪中的实行减少,应是共犯过限的情形之一。所谓实行减少,是指在共同犯罪过程中,实行犯超出共同犯罪故意范围,实施了性质较轻的罪的情形。从其类型上,实行减少基本上可分为共同实行犯中的实行减少和非共同实行犯中的实行减少以及重合性实行减少和非重合性实行减少。实行减少的处罚,既有理论上的根据,也有法律上的根据;其刑罚适用,应当实行区别对待原则。     

两种价值观对组织公民行为的预测及调节作用探析

以188名企业员工及其主管和同事为被试,运用问卷调查法和分层回归分析的统计方法考察了个人主义/集体主义(I/C)独立于组织公平感,对组织公民行为的预测作用,及I/C对公平感与组织公民行为之间关系的调节作用。结果发现:I/C对主管和同事评价的OCB都具有独立于公平感的预测作用,同时还可以调节程序公平与同事评价OCB之间的关系,集体主义价值观越强,则程序公平感与同事评价OCB之间的相关越弱。     

论民法对税收撤销权的限制

在税法与民法关系的宏观视野之下,基于对税收撤销权引起的价值冲突的合理判断,应当对税收撤销权进行极为严格的限制,以维护私法自治、保障交易安全、保护善意第三人的利益。这种限制体现在税收撤销权的解释、要件和效力等方面。     

Domestic service and female domestic servants: A port-city comparison of Bremen and Liverpool, 1850–1914

The author analyzes the development of domestic service in Bremen and Liverpool as two examples of major commercial ports in the 19th century characterized by significant merchant wealth and casual, dock-related employment. The migration pattern and age structure of domestic servants are examined and key aspects of their employment history are explored in terms of residential location, length of service, and social background of their employers. Census data are used for both port cities (drawing, in particular on the relational database currently being constructed for the Liverpool Mercantile Project), together with the Bremen civil registers for marriages and deaths, and qualitative material, such as diaries and autobiographies from members of the merchant class. By developing an explicitly comparative analysis within the framework of an established typology the article provides a basis for assessing the extent to which the nature of domestic service in the two port cities, as well as the recruitment and retention of domestic servants, was determined by similarities in the growth of merchant wealth and culture or by distinct regional or national characteristics in the underlying pattern of urban migration.     

保险代理行为研究

从理论上说,商事代理是民事代理的特殊形式,保险代理是商事代理的特殊形式。某种意义上,商事代理是营利性民事代理的同义语。商事代理既是民事代理的组成部分,又是对民事代理的扩展和补充。保险代理行为中的意思表示是保险代理行为有效成立的基本前提。保险代理意思的存在,实际上表明保险代理权的存在,没有代理权,保险代理人的意思表示将不具有保险代理意思的法律效力。而“保险代理意思表示”也正是保险代理行为特殊于一般法律行为关键之所在。保险代理关系由保险人与保险代理人之间的保险代理权关系、保险代理人与投保人之间的保险代理行为关系和保险人与投保人之间的保险代理效果关系构成。前者为保险代理的内部关系;后者为保险代理的外部关系。可以说保险代理的内部关系是外部关系得以产生和存在的前提。而保险代理的外部关系是内部关系的目的和归属。     

The effects of protracted conflict and displacement on citizen engagement in Northern Uganda

The Acholi region of Uganda was deeply affected by the war between the Lord’s Resistance Army and the Government of Uganda from the late 1980s to 2006. This article presents qualitative case-study research of how citizen engagement evolved during the conflict and period of internal displacement, analysing the mechanisms through which violent conflict affected the sense and practice of citizenship. The findings show that the securitisation of local institutions and the militarisation of the public sphere limited the opportunity for learning the practice of citizenship. In the post-conflict situation, perceptions and behaviours that developed during the conflict period persist among the Acholi. Finally, the experience of protracted conflict has a negative impact on a sense of citizenship, which weakens the confidence of the Acholi people to engage with the state. With practices of citizenship limited by inexperience and a sense of citizenship that is characterised by alienation, the Acholi find it difficult to hold state actors to account. This demonstrates the need for a clear understanding of the continued fragility of citizenship after violent conflict.     

协商民主视阈下参政党的政党行为及其功能

将"协商民主"融入到政党制度之中,可以说是中国政党民主的一个理论创新与实践突破。本文力图在协商民主的视域下,以政党、国家与社会三维关系的理论范式,通过把握参政党与执政党、参政党与政府、参政党与社会的多维关系,进一步探索参政党的政党行为及其功能。     

Supporting Effective Citizenship in Local Government: Engaging,Educating and Empowering Local Citizens

Civic-republican theories suggest that an active citizenry is associated with community cohesion, better political institutions and inclusive democratic decision making. The influence of these arguments on the UK Labour government has led policy makers to focus attention on strategies to promote citizenship at a local level. In particular, English local authorities are expected to provide ‘support for citizenship’ as part of their wider duty to promote ‘effective community engagement’. The ways in which they can do this are various, ranging from the simple provision of information to direct support for community networks and groups. This article reports the findings of an extensive study of English councils' efforts to engage, educate and empower local citizens. The paper concludes that although local authorities have made significant progress in recent years in widening the structures for communicating with, and engaging citizens, there remains considerable scope for improving activities that address the learning implications of effective citizenship.     

An Examination of the Reliability,Data Screening Procedures,and Extreme Response Patterns for the Youth Risk Behavior Surveillance Survey

Abstract

This article explores psychometric characteristics of the Youth Risk Behavior Surveillance Survey (YRBS), one of the most widely used instruments to assess the prevalence of violent and other high-risk behaviors in secondary school settings. Response patterns were analyzed for a subset of 414 youths who indicated that they had carried a weapon to school six or more times during the preceding 30 days, and were compared to a matched sample of youths randomly selected from the 13,610 participants in the 2001 national administration of the YRBS. Results indicated that extreme responders to the weapon-carrying item were considerably more likely than their counterparts to respond in an extreme fashion to all YRBS items, including risk items pertaining to school (e.g., physical fights on school property) and outside school (e.g., alcohol consumption) factors, as well as positive health behaviors (e.g., healthy eating habits). Overall, the results suggest an ex-treme response bias among some participants that may impact the validity of the YRBS instrument. More specifically, presence of this response bias may inflate estimates of the prevalence of school violence and related concerns. These findings are discussed in light of the need to carefully examine individual response patterns on future administrations of the YRBS in an effort to ensure maximum instrument utility.     

侵犯商业秘密罪疑难问题探析

由于立法的不明确和社会现实的复杂性,侵犯商业秘密罪构成要件的相关内容在理论界争议颇多,在适用上也存在一定困难.明确侵犯商业秘密罪构成要件的内涵和外延,并就重大损失的认定以及计算方法,非法获取行为是否应入罪,犯罪主观方面是否包括过失等疑难问题的探讨,在理论上有助于深化对侵犯商业秘密罪的认识,在实践上可以准确认定侵犯商业秘密罪与非罪的界限.