法律英语词汇特点分析

法律英语是指英语国家的法官、律师、法学研究人员等在诉讼或非诉讼法律事务或在法学研究中所使用的语言。法律英语具有专业的使用领域,具有与普通英语、其他专门用途英语不同的特点。法律英语的特征突出地体现在其词汇方面,其主要由来自拉丁语及法语的外来词汇、中古英语词汇、专业词汇等构成,同时本文也对英国及美国的法律英语词汇进行了对比分析。     

论依法执政的制度保障

《中国共产党党内监督条例(试行)》和《中国共产党纪律处分条例》作为威严的法棒、无形的法网,互补互动,为纯洁党的组织、促进依法执政提供了重要的制度保障。两个《条例》的有效实施,对于加强党的建设,保持共产党员的纯洁性与先进性具有重大的现实意义和深远的历史意义。     

State engagement with non-state justice: how the experience in Kyrgyzstan can reinforce the need for legitimacy in Afghanistan

Currently there is a question of whether and how Afghanistan should engage non-state councils of elders to resolve disputes. In order to harness their benefits (e.g. efficiency), control their abuses (e.g. occasional controversial resolutions), and stabilize the resolution of disputes, some have argued that formal links should be established between the state judicial system and non-state councils of elders in Afghanistan. Others argue that mere informal links between the two systems should be established. Still others suggest that prior models of state engagement in Afghanistan should be revived. In Kyrgyzstan, just 65 miles north of Afghanistan, the Tsarist, Soviet and post-Soviet administrations have used various methods to engage non-state councils of elders. Despite these vastly different attempts at controlling local dispute resolutions, elders independently resolved disputes outside of Tsarist and Soviet control and continue to resolve disputes outside of post-Soviet state control in Kyrgyzstan. This phenomenon highlights the need for legitimacy in any models of state engagement that are considered for Afghanistan. If, as observed in Kyrgyzstan, people do not use state-sanctioned local councils in Afghanistan, then their purposes may be frustrated. Therefore, in addition to reviewing the experience with state engagement in other parts of the world, policy makers in Afghanistan should also review the historical and contemporary experience with state engagement in Kyrgyzstan. As the need for legitimacy is reconsidered and applied to the design of models for Afghanistan, it may be more likely that those models will be used by more people in Afghanistan and that their purposes will be furthered.     

我国农村土地承包经营权流转研究

农村土地承包经营权流转是当前我国土地制度改革和创新的成果,也是化解"三农"问题的关键环节。以我国农村土地承包经营权法律性质流变为考察路径,对我国当前农村土地承包经营流转的特点、存在的问题及成因进行详尽分析,有助于在制度层面上对其流转的范式加以完善。     

论我国一人公司的法律规制

随着市场经济和公司制度的发展,一人公司以自身的特点赢得了投资者的关注,并被许多国家所认可。一人公司已在实践中对我国《公司法》实施提出了挑战。实践中,一人公司大量存在,完全禁止绝无可能。为了我国市场经济和企业的科学发展,应从法律上对一人公司进行规制,确认一人公司的合法地位,并加以积极规范以趋利避害。     

浅谈东北老工业基地改造法律保障体系的完善

加快东北老工业基地的振兴 ,这既是东北等地自身改革的迫切要求 ,也是实现国家经济社会协调发展的重要战略举措。东北老工业基地改造 ,只有以完善的法律保障体系为依托 ,具体通过法治环境、立法保障体系和司法保障体系三方面软环境的建设 ,才能取得实质成效     

An empirical investigation of determinants of corporate social performance using multi-dimensional panel data analysis

An assessment of the determinants of corporate social performance (CSP) in emerging economies is still too fractured. This article contributes to general management literature by developing an empirical model based on the existing theoretical models rooted in neo-institutional theory (legitimacy approach), stakeholders management theory, agency theory, the resource-based view of the firm, slack resources argument, and managerial control theory. A robust, multidimensional, unweighted disclosure index was used to measure CSP. This article provides a methodologically and empirically more rigorous assessment of determinants of CSP compared to previous studies by performing panel data regression analysis on 307 firms for 10 years. The results reveal that the presence of a legal framework, board attributes (board size, board diversity, board interlocking), women on board, ownership pattern, financial performance, firm attributes (size, age, leverage), and industry characteristics affect CSP significantly. These findings provide very important clues to design pragmatic strategies to improve CSP.     

JUDICIAL ROTATION AS CENTRIPETAL FORCE: SENTENCING IN THE COURT COMMUNITIES OF SOUTH CAROLINA*

Courts as communities theory emphasizes the sentencing differences that can arise between localities within a single state. The results of published studies have highlighted how local differences emerge based on informal sociological and political processes defined by the communities perspective. The findings from recent quantitative studies from South Carolina have revealed notably less county variation in sentencing than has been observed elsewhere. I use qualitative interviews with 13 South Carolina trial judges to investigate sentencing processes and to shed light on these findings. The interviews explore the state's legal structure and culture, including the practice of circuit rotation in which judges travel among counties holding court. The results suggest rotation serves as a centripetal force of sentencing culture, homogenizing what might otherwise be a more varied collection of county‐specific norms. Rotation leads to increased uniformity through judge shopping and the cross‐pollination of ideas and norms. Defendants can strategically judge shop and plead in front of a lenient judge—a process that gives rise to the term “plea judge,” which is a label for the most lenient judges who sentence a large number of defendants. Rotation also increases the interactions among judges and prosecutors, expanding networks and grapevines, and leading to cross‐pollination and the sharing of ideas.     

Medicolegal Implications of Nosocomial Infections: A Case Report of Aspergillus Contamination during Cardiac Surgery

Nosocomial infections have become a major issue of public health and lead to an increasing number of suits for damages. We present a rare case of Aspergillus contamination during cardiac surgery, describe the medicolegal investigation, and present the new system for compensation of bodily injury after nosocomial infection in France, based on the law of March 4, 2002 on patient rights and quality in the health system. This case demonstrates the limits of compensation for nosocomial infections on the grounds of national solidarity. The expert report requested by the regional commission for conciliation and compensation is of fundamental importance in enabling the commission to decide between fault and inherent risk of treatment.