司法科技推动司法改革——以法院科技化建设为视角

现代科技已经成为推动新一轮司法改革的重要力量,对法制观念、法律制度、法律运行机制和法学研究方法等方面产生了深远影响。法院科技化建设作为司法科技紧密结合的产物,既体现了科技强院战略要求、司法为民和司法便民的司法理念,也利于提高司法效率、节省司法成本,是当下司法改革的重要方向。     

与第三方物流相关的法律问题

在介绍第三方物流的概念的基础上,分析第三方物流经营人的法律身份及制定现代物流特别法的必要性与存在的困难,探讨第三方物流纠纷的处理思路,即依次确定合同的性质,确定第三方物流经营人的法律身份,确定争议适用的法律等,并介绍第三方物流纠纷的解决途径。     

市场中介组织经济法主体地位的定性分析

本文通过对传统经济法主体概念与分类的阐述,明确了传统概念中存在的问题,从市场中介组织作为经济法主体的必要性角度去证成它的主体地位。     

试论“南洋姐”的生存实态及历史定位

19世纪70年代至20世纪20年代,日本的“南洋姐”席卷世界上大部分的卖春市场,对她们人生命运的悲剧性解读,构成“南洋姐”研究的主流视角。但事实上,“南洋姐”奔赴海外,多多少少是一种主体性、主动性的选择。将“南洋姐”视为“被剥夺主体性的女性”,是很难准确捕捉到历史的全部真实的。“南洋姐”以娇弱之躯,在创造自己的历史的同时,为近代日本的海外扩张开辟了道路,也为日本日后的“南进”运动奠定了第一座坚实的基石。     

化解新时代社会主要矛盾的财税法思维

新时代社会主要矛盾发生变化,是以人民为中心的发展思想对我国社会主要矛盾作出的新判断和新表述。财税法作为治国安邦之法,与共同富裕目标衔接紧密,是让改革发展成果更公平惠及全体人民的重要法律领域。财税法通过调整和规范政府间财政关系、政府预算和税收制度,回应和化解新时代社会主要矛盾,为加快建立现代财政制度提供道路支撑。新时代财税法思维包括三个方面:一是立足现代化建设和改革发展,提高政府治理能力、法治思维能力并依法拓展财源,建设现代化经济体系;二是渐进推动民主、促进民生福祉,满足人民美好生活需要,建构预算规范、财力协调和区域均衡的财税体制;三是实现分配正义,通过区域、产业和群体之间的财税制度设计和规则安排,促进发展更加平衡更加充分。借助财税法思维化解新时代社会主要矛盾有利于加快国家治理现代化和迈向全面小康的步伐。     

现时代藏传佛教与藏民族信教观念转换之思考

藏传佛教作为外来文化传入藏区已有1300年的历史.自公元七世纪中叶至今,藏族几乎全民信仰藏传佛教.当今在经济全球化、政治多极化、文化多元化的世界格局中,如何使藏族的宗教信仰与社会主义社会发展不相矛盾,如何使各领域发展相对滞后的藏族首先在思想观念上尽快完成现代转换的任务,这是我们当今理论工作者研究的一大课题.     

Survival strategies of widows and their families in early modern Holland,c. 1580–1750

This article analyses the impact of widowhood upon women in early modern urban society in Holland. Widows were able to maintain their households and to minimize the discontinuity with their lives when married. A remarkably egalitarian inheritance and marital property law, access to a broad range of occupations, a privileged status, an extended poor relief system, institutionalised mutual assistance and new forms of financial provisions for widows enabled widows to survive after the loss of an adult male breadwinner. However, legal rights, social provisions and economic opportunities available to women in the Dutch Golden Age and thereafter, could not prevent social polarization after women lost their spouse.     

The legal possibilities of Antwerp widows in the late sixteenth century

This article assesses the ability of widows and other women in Antwerp to act independently of men to defend their economic interests and those of their children. Consideration is given to both legal norms and actual practice in a number of different areas including writing wills, making marriage contracts, managing financial assets and pursuing claims and defending themselves in the civil courts. Analyses of these issues indicate that widows in Antwerp enjoyed in practice a greater degree of independence than was available to widows in many other parts of Europe, despite their weaker position in law.

Particular attention is given to the role in Antwerp of women merchants whose position freed them from male control and supervision. It is argued that their favored status did not derive from the desire of the authorities to protect the interests of their male relatives or to advance the economic interests of these women. Rather their legal freedom is seen as reflecting acknowledgement of the importance of their business activities and the wish to safeguard the interests of their customers who could pursue claims against the woman merchant in the event of a dispute.     

Managing a large household. The gender division of work in orphanages in Dutch towns in the early modern period, 1580–1800

Early modern social institutions were modelled analogous to the family, and work within these institutions strongly depended upon the co-operation of women and men. This type of organization seems to be contradictory to processes of professionalization and bureaucratization. This article investigates to what extent professionalization and bureaucratization took place in early modern orphanages and how this influenced the gender division of work. By analyzing various occupations, remuneration and access to work in three Dutch orphanages it becomes clear that the frequently mentioned characteristics that made ‘typical’ women's work combinable with women's reproductive tasks, were not all applicable and cannot wholly explain female access to these occupations. Work was characterized by an increasing differentiation, hierarchy and, to a certain extent, bureaucratization tendencies. At the same time, the gender division sharpened. However, the late eighteenth century ideology of women as nurturers and the strong analogy to the role women were supposed to play within the household prevented exclusion from this domain.     

Of “other” histories and identities: partition novels from the Indian subcontinent

Ever since the Partition, novelists on either side of the India–Pakistan border have used fictional space imaginatively to formulate discourses on a humanistically-centred, multiplistically-defined Other identity, which writes itself into existence through the prism of the novelists’ contextual present. In this article, I will focus on three partition narratives: Salman Rushdie's Midnight's children (1980), Bapsi Sidhwa's Ice candy man (1988) and Amitav Ghosh's The shadow lines (1988). By employing different modes of knowledge, the novelists draw out the micro-history embedded within the historical event, and resonate the voice of the Other, a creation of partisan politics. Bapsi Sidhwa appears as a social historian who perceives the event through the eyes of an eight-year-old Parsi girl Lenny; Amitav Ghosh, akin to a modern historian, focuses on rigid and illusory territorial divisions from Thamma's (grandmother's) perspective; while Salman Rushdie emerges as a postmodern historian who draws attention to the ambiguity and opacity of both historical and fictional knowledge through Saleem Sinai, born on the day India won her independence. History, as it is perceived by the Other – each belonging to a different generation – is a palimpsest: it is always in a state of becoming, of being lived, evaluated and rewritten. Fiction, as it interprets the historical knowledge, fills in the fissures and absences between the history of the past and that of the present. The article will eventually study how fiction and history inform each other, and how the rhetoric of fiction and history together constitute a dialectical discourse on identity – mapped by borders – which sees a convergence of private and collective memories.