关于高等职业教育教师人事立法规范的思考

在高等职业教育中,教师是核心。建立一支优质的师资队伍,是高等职业教育发展的决定因素。就目前而言,可依据规范高职教师的人事立法时间都较旱,与之配套的制度缺失,致使相应的法律法规不能充分体现高等职业教育的特色和内涵,制约着高等职业教育的发展。因此,有必要对现有立法进行整合修订,建立一部高等职业教育法,制定相关的教师资格制度、教师培训制度及其他保障性的措施,使高等职业院校师资队伍建设有法可依。     

Attitudes of Dutch citizens towards male victims of sexual coercion by a female perpetrator

ABSTRACT

This vignette study examines the differences in Dutch people's attitudes towards sexual coercion perpetrated by a male against a female versus sexual coercion perpetrated by a female against a male. In total, 583 Dutch citizens (16–86 years, 59.7% female) evaluated a control scenario and three sexually coercive scenarios (verbal coercion, purposeful intoxication and force), in which the sex of perpetrator and victim was purposely varied. The variables studied include: (1) scenario acceptability, (2) victim responsibility, (3) perpetrator responsibility, (4) victim pleasure, (5) victim distress and (6) support for filing a police report. The results indicate that sexual coercion of men is taken less seriously than sexual coercion of women, especially among Dutch men. However, most differences between attitudes towards male and female victims were found only in the physical force scenario. The findings highlight the importance of educational programmes to raise awareness and reduce stereotypical views on male sexual victimisation.     

中德公民思想政治教育方法比较及启示

德国的公民思想政治教育重视从青少年时期进行政治养成教育,注重伦理道德教育、宗教教育、心理咨询和大众传媒教育,彰显一定的教育优势。我国应该借鉴德国的教育方法,将隐性教育与显性教育有机结合,加强道德实践活动,通过心理健康教育、大众传媒渗透、合理发挥宗教的优势等,增强思想政治教育的实效性。     

The Contradictory Effects in Efficiency and Citizens’ Participation when Employing Geo-ICT Apps within Local Government

Abstract

With the increasing use of web-based mapping applications, inter-mediation between public planning agencies and citizens is changing. This article investigates how one form of inter-mediation, geo-ICT-enabled apps (applications on mobile phones and/or internet that use maps or locations as basic references for any functional analysis), influences the degree of efficiency and participation in managing public space. The theoretical assumption here is that such apps encourage information disclosure and therefore have the potential to make a local government more responsive and transparent. Drawing on observation, interviews, and document and web content analysis conducted as part of a case study, this article suggests that the apps have indeed enhanced one municipality’s response and have made citizens more active in uploading their complaints. However, unexpected and contradictory effects include an increase in trivial complaints, which has made the handling of reports less efficient, and the emergence of opportunistic behaviour by third parties on the basis of the complaints, which has made the services less effective. Consequently, the assumed causal relation between enhanced citizen participation and increased transparency and information disclosure requires an adaptation that incorporates such wicked effects.     

Does substantive democratization create more committed democrats? Surprising evidence from Africa

A growing body of evidence holds that citizens support democracy when they believe the regime has provided individual freedoms and political rights. Put simply, citizens develop legitimacy attitudes by learning about democracy. These findings, however, are based on citizens' evaluations of the procedural elements of democracy. Democratization also entails substantive reforms that likely impact legitimacy attitudes. This article provides the first test of how the success – and failure – of substantive democratization shapes legitimacy attitudes. Using data from the second round of Afrobarometer surveys, I find surprising results. Citizens who judge the regime to be more successful in substantive democratization are actually less likely to be committed democrats. I conclude with possible explanations of these surprising findings and reflect on the challenges for both future research and for the new democracies facing this situation.     

刑法解释限度的理论构建:从价值优化论回归合法限度论

刑法解释限度,是指刑法文义解释所不能超越的、法律文本(刑法文本)所限定的文义界限和程度,以确保刑法解释对象和解释结论的合法性(限度)。刑法解释限度所欲解决的主要是刑法解释合法性问题,而不解决合理性与合目的性的问题。刑法解释限度的判断标准,应当以法律规范用语的语用学所可能确定的、符合国民预测可能性的语言意义为标准,可以简称为“语用意义的国民预测可能性说”。刑法解释限度的诠释学功能,是指刑法解释限度在诠释学上所具有的限定刑法解释合法性的功能,其特点是有限性和层级性。     

当代中国老年人法律地位论

《宪法》、《老年法》及多种相关法律法规,充分肯定了以老年人合法权益为核心的老年人法律地位。应充分保障老年人法律地位。目前,社会上时隐时现的所谓老年人"累赘"、"包袱"论、"离退休人员是靠在职人员养活"论等言论有损老年人法律地位,不符合事实与情理。     

论破产法上债务人高管人员民事责任的追究

The Enterprise Bankruptcy Law has designed the regime for debtor’s senior managers to bear civil liabilities, while the framework design concerning the prosecution mechanism of civil liabilities is still unclear. How to establish a prosecution mechanism of civil liabilities of debtor’s senior managers in line with the purposes of the bankruptcy regime is a substantial issue during the implementation of Enterprise Bankruptcy Law. The realization of the civil liabilities regime of debtor’s senior managers depends on the establishment and operation of a relatively well-developed prosecution mechanism of civil liabilities. The focus of the prosecution mechanism of civil liabilities is to determine the subject of prosecution of civil liabilities, the way to realize civil liabilities, and the special hearing proceedings and authorities of the court. Taking steps to clarify and improve the prosecution mechanism of civil liabilities focusing on the subjects of prosecution (debtor’s senior managers) and authorities of the court, is the essence and systematic safeguard of realizing the civil liabilities regime of debtor’s senior managers in the Enterprise Bankruptcy Law. Gan Peizhong, Ph.D, is a professor of law and director of the Research Center for Enterprise and Company Law at Peking University. Prof. Gan is a recognized expert on economic law, company law, bankruptcy law and the reform of state-owned enterprises in China. He has released numerous articles on Chinese law journals and published many books. His major publications include Encyclopedia of Chinese Economic Law (vice editor-in-chief), New Studies on Economic Law (co-editor), New Studies on Enterprise Law (author), Studies on Chinese Economic Adjudication (editor-in-chief), Studies on Foreign Economic Law in Beijing (editor-in-chief), General Theories on Economic Law (co-editor), Legitimate Exercise of the Corporate Control Rights (author). Moreover, he was named the “leading young and middle-aged jurist” by Beijing Law Society in 1999. In addition, Prof. Gan is the deputy-president of the Securities Law Association, a member of the Standing Committee of the Economic Law Association under China Law Society. He also serves as the consultant of the Legislative Affairs Commission of the NPC Standing Committee and Beijing Municipal People’s Congress, as well as the Haidian District Court of Beijing.     

浅谈高职法律院校体育教学改革

高职法律院校体育教学改革,应采用文献资料研究调查及问卷调查等方法,对高职法律院校体育教育现状及教学内容、方法、组织形式和教学评价进行客观研究,并探索当前高职法律院校体育教育的不足和影响体育教学的相关因素。在此基础上,体育教学应以健康第一为指导思想,以育人为目标,以终身体育为主线,推进当前体育教学改革。     

论我国公民的免于匮乏权

美国前总统富兰克林.罗斯福面对经济危机提出了包括公民应该享有"免于匮乏的自由"的著名四大自由。我国的法学理论中虽然没有这一概念,但宪法中关于"国家合理安排积累和消费,兼顾国家、集体和个人的利益,在发展生产的基础上,逐步改善人民的物质生活和文化生活"的规定,实质上就是关于公民免于匮乏权的表述。本文从现代国家的职责、国家权利(义务)与公民权利(义务)关系的角度论述了保障公民免于匮乏权是国家的法律义务,不能将此任推给公民家庭及个人,并通过对我国实践的剖析,提出应当避免过度从政策层面、经济层面及公民个人努力层面对公民进行免于匮乏权保障的路径选择,而应靠国家义务性、实践路径上的法律制度性来实现。