科玄论战的主旋律、插曲及其当代回响(下)

也许正是洞察到张君劢论点中的这些缺陷,科学派当即对其进行了针锋相对的批驳.针对张君劢鼓吹孔孟朱王注重内心修养形成的精神文明以及把精神文明和物质文明对立起来的观点,丁文江径直反诘道:"懒惰的人,不细心研究历史实际,不肯睁开眼睛看看所谓‘精神文明'究竟在什么地方,不肯想想世上可有单靠内心修养造成的‘精神文明';他们不肯承认所谓‘经济史观',也还罢了,难道他们也忘记了那‘衣食足而后知礼节,仓廪实而后知荣辱'的老话吗?"[52]针对张君劢的寡均贫安说,他一针见血地指出:"中国现在寡到什么程度,贫到什么田地,君劢研究过没有?那一年北方遭旱灾,没有饭吃的人有二千万人:卖儿女的也有,吃人肉的也有.     

二审程序与死刑复核程序合并适用问题分析

对二审程序与死刑复核程序合并适用的问题直接影响程序正义的实现,影响审判的公信力。死刑核准权上收是尊重生命权的必然选择;二审程序与死刑复核程序分开是程序公正的必然要求。     

公安工作与民俗

民俗具有社会性、模式性、传承性和变异性。其形成以社会生活为基础 ,其发展与社会生活相适应 ,对社会生活具有教化功能、规范功能和调节功能。民俗全面渗透于社会环境之中 ,对公安工作有各种影响和作用。公安工作应严格依法尊重民俗 ,充分开发利用民俗资源。     

中国行政执法困境的个案解读

Due to lack of effective, and adequate communication on the standpoint of the government and the attitudes of civil society in legislative process, this has led to tension between the government and the general public. Within the context of law enforcement, the government sticks to “problem-based strategies” and “campaign-based enforcement”, who believe in the power of coercive force. As a way out of the dilemma in law enforcement, it is required that in the process of rule-making, the government should communicate effectively with the civil society in the institutionalized system, focusing on learning, reflection, and strategic adjustment. Wang Xixin, Professor at Law School of Peking University. Since 1999, Prof. Wang is a working member of China Administrative Legislative Research Group an academic team advising China’s Legal Affairs Working Commission on administrative law reforms. Since 2001, he is a major drafter for China’s Administrative Procedure Act. Since 2002, he is a research consultant for the NPC Standing Committee General Office. Since 2003, he is a research fellow of the China Law Center of Yale Law School. Since 2005, he is a Vice-chairman of Beijing Administrative Law Society. In academia, Prof. Wang is focused on administrative procedure, public participation, rulemaking and comparative administrative studies, whose publications include books, such as “Administrative Procedure: A Theoretic and Institutional Inquiry” (Beijing, 2007) and “Public Participation and Administrative Process” (Beijing, 2007) and some 30 articles for journals published in China and America. Moreover, Prof. Wang often submits papers and gives lectures in academic forums, including Columbia Law School, Yale Law School, the Woodrow Wilson Center for Int’l Scholarship, and Carnige Endowment for Int’l Peace.     

甘肃赵村交换婚的调查

赵村是甘肃省东部地区一个典型的山区村庄.因社区闭塞,交通不便,生活条件艰苦,赵村青年男子的择偶面临很多困难.然而,为了生存下去,他们必须想出种种办法来应对其生存困境,必须通过种种变通来实现娶妻生子的目的."交换婚"等择偶形态则是赵村人适合于其生存环境的生存方式,是他们做出的一种生存的选择.     

梭罗与孔孟之道

梭罗超验主义与中国儒家的孔孟思想的相似之处,主要体现在安贫乐道的精神,注重道德修养的原则和对自我完善的追求。     

Disability,right to culture and copyright: which regulatory option?

Access to knowledge and participation in cultural life for persons with disabilities has always constituted a tough challenge. Recent studies show that only 5% of published works are available in accessible format, and the number plummets to 1% in developing countries. Coupled with the high costs of production and distribution, and the full reliance on public funds and intervention of public or non-profit organizations, copyright has traditionally represented an additional obstacle on the path for a broader availability of accessible works. Recently, the situation has worsened with the tilting in the balance between rights and exceptions caused by the legislative response to digital threats, when the unprecedented opportunities offered by new technologies to foster accessibility have been largely trumped by copyright law. Still, the last decades have witnessed the beginning of a paradigm shift, originating from the human rights arena, and moving towards a new definition of the interplay between authors’ rights and the right to take part in cultural life, both at a general level and with particular regards to persons with disabilities. This article offers a diachronic overview of the path that, from the rediscovery of Article 15 of the International Covenant on Economic, Social and Cultural Rights through its General Comments to Article 30 of the United Nations Convention on the Rights of Persons with Disabilities, has led to the adoption of the Marrakesh Treaty. It then analyses, with a focus on the European Union and its Member States, the national and regional responses to the new human rights obligations, looking at the relations between legislative exceptions and model or collective license agreements. The assessment of the strengths and weaknesses of the two main regulatory options lays the groundwork for proposals of further areas of intervention, necessary to fully comply with the international human rights obligations and to achieve the fullest access to and participation in culture possible for persons with disabilities, by using the tools offered by international and national copyright law.     

Linking past and future: cross-border development and quality of life in the Badakhshans

The 1895 Pamir Convention divided the mountainous region of Badakhshan into separate entities under Russian and British/Afghan influence, leading to a remarkable divergence in the development fortunes of a people once united by kinship. For those in today's Gorno-Badakhshan in Tajikistan, incorporation into the Soviet Union brought investments in education, health, physical infrastructure, and the economy. People living in Afghanistan's Badakhshan Province retained more political freedom but lived remotely within a feudal state where development investment was limited. In recent decades, both regions have experienced conflict that has affected their development. In this article, we use findings from quality of life assessments carried out by the Aga Khan Development Network to illustrate the stark differences between the Badakhshans. We discuss ongoing efforts to implement cross-border development programmes to improve quality of life in both Badakhshans, while noting that their success depends on a stable security environment in the region.     

SELF‐CONTROL,SOCIAL BONDS,AND DESISTANCE: A TEST OF LIFE‐COURSE INTERDEPENDENCE

Theoretical debates and empirical tests on the explanation of stability and change in offending over time have been ongoing for over a decade pitting Gottfredson and Hirschi's (1990) criminal propensity model against Sampson and Laub's (1993) life‐course model of informal social control. In 2001, Wright and his colleagues found evidence of a moderating relationship between criminal propensity, operationalized as self‐control, and prosocial ties on crime, a relationship they term life‐course interdependence. The current study extends their research by focusing on this moderating relationship and the developmental process of desistance from crime among serious juvenile delinquents. Contrary to the life‐course interdependence hypothesis, the results indicate that whereas self‐control and social bonds are strongly related to desistance from crime, there is no evidence of a moderating relationship between these two factors on desistance among this sample. The implications of this research for life‐course theories of crime, future research, and policies regarding desistance are discussed.