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.     

寻找精神家园--沈从文对人性美的诠释和追求

对人性美的诠释和追求是沈从文生命结构的主要组成部分。以边城的秀丽风景、纯朴的民情风俗而构成的“湘西世界”,呼唤着美的人情人性,这正是他所寻找到的理想的精神家园。本文主要从人性美的角度切入,来探讨沈从文小说中透露出的人性美,以及人性美的具体表现方式。     

努力讲好马克思主义理论课

讲好马克思主义理论课,是繁荣发展哲学社会科学的需要,是提高党的执政能力和干部素质的需要,也是树立和落实科学发展观的需要。拓展教学内容,应讲清楚马克思主义的科学性、贯通性,讲清楚“三个代表”重要思想的正确性和指导性,讲清楚理论创新的紧迫性。端正教学态度,课堂面授要有认真的态度、正确的观点、丰富的材料、紧密的结合、灵活多样的科学方法。夯实基础,教材编写要突出马思主义的系统性、科学性、指导性、可读性、层次性。抓牢教学关键,要大幅度提高教师队伍素质。     

享乐主义论析

享乐主义是以个人欲望的贪得无厌和行为的自由放纵为主要特征的人生观。享乐主义不仅同快乐主义、乐观主义、物质利益原则有着根本区别,也不同于正常的娱乐。享乐主义的产生和发展,有着深刻的社会根源和认识根源。充分认识享乐主义的危害,树立科学的人生观和幸福观,是个人自我发展和完善的需要,也是社会健康发展的客观要求。