刑事违法性判断前提条件：空白罪状的现状与反思

空白罪状是成文法系国家突破以往在刑法中只规定自然犯的传统,越来越多地规定法定犯的必然结果。作为刑事违法判断前提条件,空白罪状对罪与非罪的界定具有重要的作用。我国新刑法创空白罪状历史最高,然其空白规范位阶相差悬殊,因此有必要从罪刑法定角度关注空白罪状及其规范的位阶问题,以增强空白罪状作为“违法性判断的前提条件”的规范性和统一性。     

Pax Americana: Bumping into Diplomatic Culture

The existence of a deeply rooted, state-based diplomatic culture with its own distinctive institutions, values, and norms has been neglected in both the study and the practice of international relations, especially in the United States. This neglect has had consequences in recent years, notably in connection with the 2003 invasion of Iraq. Using Iraq as a case study, I argue that the United States transgressed five norms of diplomatic culture that are widely accepted: the use of force only as last resort, transparency, continuous dialogue, multilateralism, and civility. Criticisms of these transgressions and the US responses to these criticisms suggest that even a paramount America cannot avoid diplomatic culture's pervasive influence.     

村民自治背景下的“村两委”关系探讨

本文在对村民自治中一些地方出现的村两委关系不协调的问题、成因进行分析的基础上,从实现村党组织领导功能转换、加强村组织规范化建设、完善规范有序的制度化建设三个层面提出了规范协调村两委工作关系的对策。     

领导干部职业道德规范体系的基本构成

在全面建设小康社会和构建和谐社会的过程中,加强领导干部职业道德建设要在全心全意为人民服务的基本道德原则下进行,同时也应建立与之相适应的具体道德规范。     

物权法立法思维之批判

改革开放至今,我国虽在法学研究、法学教育及法制建设上取得了突出成就,但由《物权法(草案)》所揭示的诸多问题看,立法者之思维仍停留于重经验轻逻辑、重实用轻法理、重“诸法合体”轻物权法之私法性的守旧状态。《物权法(草案)》的推迟颁布,为反思物权法的立法提供了难得的机会。只有以私法的观念、裁判规范的特性以及物权法自身的逻辑结构为基础,才能制定一部科学的物权法。     

Changing household patterns of young couples in low- and middle-income countries

While young couples in Western societies generally form a new household, in low-income societies new unions are often incorporated into existing households. However, there is a growing tendency in the nuclearization of households as intergenerational co-residence is undermined by growing wage labour opportunities that provide incentives for rural–urban migration and because small nuclear families adapt better to urban societies characterized by high geographic and social mobility. The objective of this paper is therefore to jointly study for a selection of low- to middle-income countries the socioeconomic and demographic conditions of women aged 15–34 and their partners in relation to their household patterns with particular interest in the comparison of nuclear and extended households. The analysis will mainly rely on data from the Integrated Public Use of Microdata Series International database (https://international.ipums.org/international/) from which census samples for the last two or latest available census rounds for 18 countries have been extracted. Results showed that women being of older age (within the 15–34 range) and at the same time having attained at least primary school education, having a husband who does not work in the primary sector and who is neither much older nor much younger were all associated with living in a nuclear household. However, individual factors explained only a small part of the overall variation in the household arrangements of young couples, suggesting that differences between countries in these dimensions do not explain much of the difference in household structure. Rather, societal indicators like economic development and the average age at marriage – that were significant in our models – may explain better the overall slow transition towards the nuclear family.     

司法三段论内、外部推理网络研究

司法三段论基本思维模式表现为法律适用、事实认定和裁判结论。大前提是法律规范而不仅仅是逻辑命题,力图通过法律规范和法律事实建立通道,法律规范、法律事实、推理主体需要对众多法律理由进行权衡与抉择。需要对逻辑三段论进行重构,常处于一个由内部推理与外部推理织就的复杂网络中,由内部正当性证成与外部正当性前提构成,在法律规范与事实之间建立具体、有效的推导关系。     

The New Normal of Moderate Growth

正After going through the 2008 global financial crisis,the world economy as a whole has switched from high-speed growth to a deep industrial transformation.Domestically,the Chinese economy has also moderated,with some old balances being disrupted,and longstanding models and conceptions being dismantled.In the process,an array of new norms have emerged.To begin with,undergoing an economic slowdown is inevitable following years of     

从法治本土化角度谈习惯与制定法之间的互动

制定法作为现代法治社会尤其是大陆法系国家法律渊源的主要表现形式,其内容是抽象的、概括的,具有稳定性的特征。然而,社会生活是具体的、易变的,由此产生了法与社会生活的不适应性,因而其他渊源作为制定法的补充地位显而易见。我国正在进行的法治现代化建设,不仅包括对西方先进法律制度的借鉴,还应关注"本土化资源"。唯有两者结合,才能实现国家制定法与习惯等民间法治资源的良性互动。     

The trade-ification of the food sustainability agenda

This contribution argues that the food sustainability agenda in global food governance arrangements is becoming ‘trade-ified’. It shows that international trade has become normalized in these settings not only as being compatible with, but also as a key delivery mechanism for, food system sustainability. The paper first explains the rationale for this dominant narrative, which revolves around the efficiency gains from trade. Second, it outlines two important critiques of this approach – one that stresses the need to look beyond food as an economic commodity, and one that reveals the internal flaws of trade theory – which together provide important counterpoints to this dominant narrative. Third, the paper offers three interrelated explanations for why trade continues to be presented as a key ingredient to food sustainability despite the weaknesses of the dominant approach: institutional fragmentation in global food governance; the carryover of previous normative compromises regarding trade and the environment in other governance settings; and the influence of powerful interests.