浅议诈骗罪中的财产处分行为

认定诈骗罪q-的处分行为,必须满足处分资格、处分能力、处分意识、处分方式和处分结果五个素。五个素缺一不可,并且是诈骗罪与其他财产型犯罪的重区别。诈骗罪中的处分行为是具有处分资格的受骗人在有处分能力的前提下,有意识的终局性转移财产的占有。     

How to build a better future? Kyrgyzstani development workers and the ‘knowledge transfer’ strategy

The development industry has moved from concepts of aid and technical assistance to the idea that closing ‘gaps’ in people's knowledge is the most effective way of alleviating poverty and injustice. My data show the means through which this ‘knowledge transfer’ is actually supposed to happen. I examine the micro-politics of development: the role and agency of development workers, who are so frequently employed to conduct ‘training’ on a wide range of topics affecting citizens' well-being, such as conflict prevention or sustainable agricultural practices. This paper draws on ethnographic research between 2010 and 2012 with Kyrgyzstani NGO workers to analyse the ‘side-effects’ of development, such as the creation of a new social class and softening age hierarchies. I examine the widespread conviction among trainers that education can solve most social ills, and their concepts of how knowledge, sometimes in the guise of ideologiya, shapes people. I argue that this faith in knowledge reflects both the life course of NGO workers themselves and what they can offer from within the ‘knowledge transfer’ paradigm. An understanding of the friction between different expectations of knowledge content, teaching relationships and aims in creating well-being is not only essential to a critical reflection on these development efforts but also illuminates wider political and social processes and relationships, such as expectations of the state and international community.     

Implementing and Integrating Policies on Performance-Based Pay: Coordinating the “One-Employer Approach” in a Swedish Municipality

In Sweden, performance-based pay has gone furthest in the public sector. This development has placed demands on employers to have a transparent and salient salary review process with which to evaluate employees uniformly and fair – and to act in a unitary manner, as one employer. Pay policies aim to coordinate salary reviews in organizations. However, the transfer of policy to practice is not easy and research has shown a gap between intended and implemented policies. Drawing on a case study in a municipality, this article expands knowledge on policy transfer by exploring and describing how HR, unions, managers and employees perceive implementation and integration of the pay policies, and to what extent the municipality succeeds in a one-employer approach. The findings suggest that the municipality fails to act as one employer and that the units that are most successful in implementing the policy are those closer to top management.     

Child Trafficking,Child Soldiering: exploring the relationship between two ‘worst forms’ of child labour

While it may be intuited that human trafficking is an ineluctable component of the child soldiering experience, very little research exists to illustrate the tangible connections between these two ‘worst forms’ of child labour. The extent to which common reception points for trafficked children—such as slave-owning households, religious boarding schools and brothels—double as profitable reservoirs for recruiting commanders remains entirely unknown. Likewise, despite the clear financial incentive that some erstwhile commanders might have to traffic their former child combatants into civilian slavery, the prevalence of such practice is unknown. The purpose of this article is to delineate some of the most conspicuous academic gaps pertaining to the intersection of child trafficking and child soldiering.     

E‐Government Technology Transfer: A Case Study of the Implementation of a European Patent Management System in Brazil

In order to bolster the emerging but still underdeveloped conceptualization of e‐government technology transfer, we examine the implementation of a European Patent Management System in Brazil. The case study provided in this article offers opportunities to improve understanding on technical and organizational issues associated with e‐government technology transfer. Our findings provide evidence that the transfer of e‐government technology from a European to a Brazilian context requires multiple adaptations of the original design, intensive learning on the side of the recipient organization, and flexible implementation plans. Copyright © 2016 John Wiley & Sons, Ltd.     

The Big Society in Australia: A Case of ‘Non’‐Policy Transfer?

The Big Society was a flagship policy initiative launched by the UK Conservative party, under the leadership of David Cameron, to win office in 2010. Closely associated with the ideas of Phillip Blond, the Big Society agenda seeks to introduce new forms of civic activism and revive wider civil society. There has been speculation that the Big Society agenda might take hold in Australia, and Blond has been active in promoting it in Australia. Using Dolowitz and Marsh's policy transfer heuristic, this article examines the likelihood of the Big Society being adopted by the Abbott Liberal Coalition. The article outlines a number of potential variants of the Big Society, and concludes that for a variety of reasons it is unlikely to be adopted by the Liberal federal government in Australia. The case also highlights both strengths and limitations in the Dolowitz and Marsh framework, arguing that it can be used in an innovative way to speculate on potential transfers, but is limited in accounting for why transfer may or may not take place.     

新型城镇化背景下农村土地承包经营权流转的实践治理机制探索

城镇化的发展水平是衡量一个国家或地区经济发展程度的重要标志.党的十八届三中全会已作出了“健全城乡发展一体化体制机制”的决策.城镇化是一个系统工程,既要消除城乡内部的二元结构,促进工业生产创新和升级,又要重视新型城镇化建设中的中小城镇建设.在新型城镇化建设过程中,最重要的问题是调整农村土地要素,促进农村土地流转的健康有序发展.本文基于新型城镇化建设的时代要求,分析了农村土地承包经营权流转中存在的问题,探索了新型城镇化背景下农村土地承包经营权流转的实践治理机制.     

我国土地流转信托的若干法律问题研究

土地流转信托是我国农村土地流转方式的创新。土地流转信托是舶来品,国内尚无相关的法律法规进行规制,实践过程中存在土地确权不完整、缺乏完备的法律依据、欠缺有效的监督机制等问题。本文立足于当前国内土地流转信托的实践,从实证的角度对土地流转信托的若干法律问题进行研判,建议尽快完善土地信托配套制度和法律体系。     

操控的正义与法律的信仰——对《失控的陪审团》的解读

本文从《失控的陪审团》和《十二怒汉》两部以陪审团制度为核心的电影出发,着重讨论了三个具有制度性意义和实效性意义的问题。第一,当一项制度以人为核心构成要素时,人性的弱点常常将看似有效的制度瞬间摧毁,而操控人性恰是达成这一效果的重要手段。第二,通过分工效率、协调增进理论以及政治风险转移理论客观分析了陪审团制度的优势以及其内生性不足之处,这为试图操控陪审团以操控司法判决结果留下了寄生的空间。第三,虽然以陪审团制度为代表的一系列司法制度都存在着无法避免或者至今仍不完善的特点,但在现代法治条件下,有时需要的是一种对法律的信仰,这种信仰好过质疑,更好过那些个人英雄主义的正义追求者们。     

试论英汉思维的互相影响

随着全球化的发展,英语学习已成为热潮。汉语对英语学习的影响也越来越受到关注。迁移理论、中介语理论以及中式英语的出现都说明母语对外语学习的重要影响,其本质则为思维的影响,而外语学习对母语的影响则很少被人关注。熟知英汉思维的相互影响,有助于学习者更好地交替使用这两种语言。