Revisiting the Role of Private Military and Security Companies

Abstract

This essay addresses the role of private military and security companies (PMSCs) in security governance. In this context, it offers a historical overview of some of the main developments in the evolution of private warfare and critically discusses some of the key challenges confronting the quest for holding PMSCs accountable in accordance with international human rights and humanitarian norms.     

当代中国司法文化与法律的实践品性

法学关于＂什么是法律＂以及所谓＂真正的法律＂的困惑,主要不是来自于法律的存在和表现形式,而是来自法律的适用。在当代中国的司法实践中,人民法院通过法律的适用,具体而现实地使＂法律＂具有了规范有效、事实有效和伦理有效三种不同的面向。法官解释和适用法律存在不同面向这一客观事实,深刻地揭示出法官对于法律的解释及适用对于人们认识所谓＂正确＂的法律具有多么重要的意义。     

论物权性强制性规范与债权合同的效力——以抵押人擅自转让抵押物为视角

依据区分原则,物权法中的强行性规定仅为物权是否在当事人间发生变动的依据,其对作为物权变动原因的债权合同效力并无影响。《合同法》第52条第5项中的强制性规定,除了公法中的行为规范外,尚包含私法中的强行性规定且为合同法中的强行性规定,而不包括物权法中的强行性规定。因此,抵押人未经抵押权人同意擅自转让抵押物的合同有效,仅物权不发生变动。     

法律渊源词义考

The phrase "source of law" originated from the phrase" fons juris” in Roman law. In ancient Ureece there was no such conception as source of law, only an early idea of the origin of law, mainly because the legal profession had not come into existence. The Roman concept of fons juris was born from legal practice, which originally meant the forum where judges selected and found rules to resolve disputes. In the Middle Ages Western Europeans inherited some of the ideas of Roman f ons juris and developed them in their own way. In the Modern times, the concept of the source of law was changed because the statute law became the only form of law as the result of the rise of rationalism, the establishment of nation states and the separation of powers. The modern codification movement only changed the forms of the source of law, not the concept of the source of law. To define the concept of the source of law, one needs to understand exactly what is meant by "law" and“source" in the phrase‘fons j uris’.In short, the source of law is a gathering of diversified norms, from which judges find what they need to decide cases.     

我国农村金融问题及法律规制

构建和谐社会和建设社会主义新农村的战略方针,将"三农问题"摆在了现代化发展的最前沿。本文分析了我国农村金融立法的现状及存在的问题,并结合国外农村立法的经验,提出在我国应构建农村正规金融与非正规融资相结合的金融架构形式。在完善农村金融法律制度建设过程中,应走综合立法与分业立法相结合的道路。我国农村金融市场应尽快实现稳定发展,竞争适度的局面。     

Routes and determinants of leaving home: the city of Gothenburg, 1915–1943

This paper deals with the home-leaving of young adults in Gothenburg, Sweden, in the period 1915–1943. We used individual-level panel data from population registers and poll-tax records, taking a competing risk design for the analysis of the determinants of leaving home to marry, or for non-familial living. We found a transitional, marriage-driven pattern of leaving home that neither fits the old context of life cycle service, nor the alternative modern routes out of the parental home into unmarried householdship. Young adults typically stayed at home until they married, although some moved out to temporary non-familial living first. Non-familial living consisted mainly of lodging in another household, but working outside it, which in a way was a forerunner of the modern pattern, in sharp contrast with the remnant of preindustrial times: the flow from rural areas into Gothenburg of teenage women immigrants to become residential domestic servants. Interestingly, we found that the main determinants of home-leaving in studies of modern-day populations were equally important in the population of Gothenburg in 1915–1943. For both young men and young women, having their own resources (employment, earnings) was positively associated with the likelihood of leaving the parental home. We also found clear gender differences. A higher level of human capital of the father was associated with later home-leaving to marry for sons, and earlier leaving for non-familial living for daughters. Lower levels of household income, or the presence of minor siblings or a widowed parent were push factors for non-familial living for daughters. We found no similar push factors for sons.     

论和谐社会语境下刑法的人文关怀

和谐社会从本质上说是以人为本、保障人权、体现人文关怀的社会。人文关怀是和谐社会的内在要求和必然选择。刑法作为一种重要的法律规范,在构建和谐社会的过程中应该体现人文关怀,发挥其重要作用,而在我国公众和公权行使者对刑法存在非常态的认知和误读的情况下,更应该强调刑法的深层意蕴,即人文关怀。刑法的人文关怀属性是由刑法机能决定并展开的,也是能与和谐社会相契合并且良性互动、协调发展的。我国现行刑法制度、条文规范在体现人文关怀意蕴的同时,还存在着缺失,有必要根据情况加以改进。     

The communal/exchange distinction and some implications for understanding justice in families

This article briefly reviews 10 years of research on a distinction between communal and exchange norms. Communal norms dictate benefits should be given in response to the other's needs. Exchange norms dictate benefits should be given in response to specific benefits received in the past or with the expectation of receiving specific benefits in the future. Choice of norms is shown to be influenced by the type of relationship desired or existing between two people. Evidence of chronic individual differences in tendencies to follow communal and to follow exchange norms in relationships is also presented. We argue that most people believe that communal norms should be followed in family relationships and we outline implications of the research reviewed for understanding justice in the family. Implications of (i) behavior in accord with exchange norms (e.g., quick repayment of benefits received, keeping track of individual inputs into joint tasks), (ii) behavior in accord with communal norms (e.g., helping, expressing emotion) and (iii) individual differences in relationship orientations are discussed.     

Aggressive reactions to social injustice by individuals and groups as a function of social norms,gender, and anonymity

Two conflicting approaches to the study of group aggression are compared: the deindividuation theory of Zimbardo (1970) and the emergent norm theory of Turner and Killian (1972). To test these two conflicting hypotheses, the frustration-aggression theory of Brown (1986) is used which assumes that individuals and groups, male or female, will react with angry aggression when important social justice norms are violated. It was hypothesized (i) that groups will be more aggressive than single individuals; (ii) males will be more aggressive than females; and (iii) that more aggression will occur when people can be easily identified than when they remain anonymous to each other. These hypotheses received some support. Unexpected interactions between these variables are discussed in some detail. Generally, more support is found for the emergent norm theory than for deindividuation theory.     

司法认定中的显形规范与隐形规则——置于罪刑法定制度构造中

司法认定包括对法律的认定与对事实的认定.贯彻罪刑法定原则的刑事司法认定特别是其中的对刑事法律的认定表现出对刑法正式规则、显形规范的巨大期待.这种期待表现为立法者对法典编纂的热切和司法办案人员对成文法及所确立的正式规则、显形规范的强烈渴望和绝对的依赖.但是,纯粹的正式规则、显形规范治理的理想主义模式是不存在的.贯彻罪刑法定原则的司法运作同样需要非正式规则、隐形规则的介入,这是由刑法正式规则、显形规范的局限性及法律运作、司法认定的规律所决定的.