历史与逻辑统一的法理叙事——评《西方法理思想的逻辑演变》

万斌和陈柳裕的著作《西方法理思想的逻辑演变》采用了历史与逻辑相统一的方法研究西方法理学。在该著作中,作者提出从主观主义和客观主义的视角理解西方法理学的历史发展,回答了西方法理学中法律的"规律"、"意志"和"功能"等问题,并且对20世纪西方法理学的多元化发展趋势进行评述。总之,该著作将西方法理思想在一个全新的理论框架下予以整合,为读者提供了一幅西方法理思想演进的历史图景。     

The Wilderness Act of 1964 and the Wilderness Preservation Policy Network

ABSTRACT

This article surveys an unpublished piece in which Friedrich Engels examined the ecological conditions of Ireland in a chapter entitled the “Natural Conditions” in his unfinished History of Ireland. In interpreting Engels’s findings dialectically we are able to explicate a dialectical framework that gives us a greater insight into how Engels understands the way in which the dialectics of nature enfold in a particular bioregion and how, crucially, those same organic processes of nature provide the necessary ecological conditions for society to engage in agricultural cultivation. The geological system of Ireland and its particular sieve-like structure moderate the climatic condition of excessive rainfall so that cultivation can continue. This investigation by Engels can be seen as a concrete case study into the dynamic metabolising relationships between the diverse organic processes of Nature as they are appropriated by society in agricultural production. The conceptual trajectory of this dialectical analysis is to emphasise the inherent fluidity, mutual interaction and “universal connection” of the forces of nature. This particular work of Engels’s is a significant contribution to our understanding not only of the dialectics of nature but also of the methodology of dialectics as such.     

检调对接机制的基础与模式——以检察机关创新社会管理工作为视角

检调对接机制是检察机关参与社会管理途径的有效突破,是＂枫桥经验＂的继承和发展。其以古代儒家＂和＂之思想及现代恢复性司法理论为理论基础,对法律监督权进行了扩展和充实。文章通过剖析检察机关在检调对接中的职能定位以及检调对接的角度、模式选择,赋予检调对接以社会生命力,将其内在价值外化为社会价值,实现法律效果与社会效果的有机统一。     

A New Method for the Removal and Analysis of Small Particles Adhering to Carpet Fiber Surfaces,,

Fibers are a commonly encountered evidence type and fiber comparisons are routinely conducted. When the characteristics of questioned and known fibers correspond, the probative value is limited because the characteristics compared are determined by their manufacture. It would be valuable to test the hypothesis that questioned fibers originated from a specific carpet. One means of testing this is to analyze fine particles on the fibers. A procedure was developed for removing adhering particles from fibers and preparing them for scanning electron microscopy/ energy dispersive X‐ray spectrometry (SEM/EDS) analysis. The efficacy of several fluids (acetone, ethanol, hexanes, aqueous ethanol, aqueous sodium hexametaphosphate) and agitation methods (sonication and vortexing) for removing particles from fibers was evaluated. The most effective method evaluated was sonication in ethanol for 10 min. The recovered particles were filtered onto a polycarbonate filter and analyzed by automated SEM/EDS analysis to generate data on the particle assemblage. This method makes possible future research to test the within‐item and between‐item variability of particle assemblages on fibers.     

Failure of auditors: The lack of compliance for business combinations in China

This empirical study investigates the compliance of 344 Chinese listed companies with the Accounting Standard for Enterprises No. 20‐Business Combination, a mandatory reporting standard applicable to companies involved in business combinations. China has recently reformed its auditing sector, enabling private firms to provide auditing services. The results of the study show a low level of compliance by Chinese listed companies. While companies audited by Chinese domestic auditors have significantly lower compliance than companies audited by Big Four auditors on supplementary disclosure that is mandatory under the Chinese accounting standards, compliance remains low even after companies receive unqualified reports from these international auditors. There appears to be a lack of commitment, and possibly expertise, among Big Four auditors, in fully applying the reporting requirements of the business combination standard in a Chinese setting. This raises concerns about the independence of Chinese auditing in disclosing reliable information about business combinations. Broader theoretical contributions of the paper go beyond the Chinese context by problematizing whether well‐resourced international auditors uphold internationally expected standards or succumb to local non‐compliant practices.     

中国转轨经济的特点与成功探索--兼论中国学人向诺贝尔经济学奖冲刺的突破口

中国共产党人把社会主义公有制与市场经济结合起来的成功探索,是旷世未有的伟大的制度创举,是中国转轨经济成功的关键,也是中国转轨经济的本质特征,是中国特色转轨经济学和社会主义经济学对当代世界的巨大贡献,因而必将是中国学人向诺贝尔经济学奖冲刺的突破口。     

有机炸药的气相色谱-串联质谱分析

应用气相色谱-串联质谱（GC／MS-MS）分别采用EI／MS、PCI／MS、NCI／MS以及EI／MS-MS、NCI／MS-MS的方法分析六种有机炸药,通过不同检测方法的检测限比较,建立了适用于法庭科学的有机炸药检测方法。     

宽严相济刑事政策的实施保障——基于理念层面的分析

宽严相济刑事政策顺利有效地实施需要一定的理念保障。首先,犯罪是一种正常的社会现象,对于犯罪的治理不是采取高压的政策,而是相对宽容的态度。其次,我国正处于社会转型时期,犯罪高发是一种常态,对于犯罪的治理只要能够控制到社会能够容忍的程度即可。再次,宽严相济刑事政策是我国深刻认识犯罪规律和刑罚功能的产物,对于犯罪的治理应当保持谦抑性。最后,宽严相济刑事政策涉及刑事司法活动的方方面面,因此,贯彻宽严相济刑事政策应当平衡实体公正与程序公正、惩罚犯罪与保障人权、保障被追诉者的权利与保护被害人的权利、司法公正与司法效率、严格执法与行使自由裁量权、法律效果与社会效果等之间的关系。     

Participation rationales,regulatory enforcement,and compliance motivations in a voluntary program context

This article extends the study of regulatory compliance motivations from “traditional” regulatory settings to a government-sponsored voluntary one. We argue that the rationale(s) which motivate participants to engage a voluntary program likely shape which motivations drive them toward (or away from) program compliance. Our study examines the possible influence of program participation rationales alongside that of regulatory agents' enforcement styles and strategies. Leveraging a national survey of certified United States Department of Agriculture organic producers, we find that the more a producer pursues organic certification to increase profits, the more likely they are to report deterrent fears as an important compliance motivation. In contrast, the more a producer becomes certified to support the organic movement, the more heavily they weigh a personal sense of duty to comply. We discuss the implications of these, and other, study findings for compliance motivations theory and voluntary program integrity.     

Disaggregating public-private governance interactions: European Union interventions in transnational private sustainability governance

Transnational private sustainability governance, such as eco-certification, does not operate in a regulatory or jurisdictional vacuum. A public authority may intervene in private governance for various reasons, including to improve private governance's efficient functioning or to assert public regulatory primacy. This article argues that to properly understand the nature of public-private governance interactions—whether more competitive or complementary—we need to disaggregate a public authority's intervention. The article distinguishes between four features of private governance in which a public authority can intervene: standard setting, procedural aspects, supply chain signaling, and compliance incentives. Using the cases of the European Union's policies on organic agriculture and biofuels production, the article shows that public-private governance interaction dynamics vary across these private governance features as well as over time. Furthermore, the analysis highlights the importance of active lobbying by private governance actors in influencing these dynamics and the resulting policy outputs.