犯罪故意“要素分析”模式的澄清与适用  ——兼论陪审员对行为规范属性的平行评价

适用要素分析模式，解决风险社会刑事立法的行为本位思想与我国传统故意理论的结果本位导向之间的矛盾，不仅具备相较于其他故意理论构型的比较优势，更加契合我国人民陪审员制度改革的话语背景。但目前国内学界围绕要素分析模式的研究存在诸多误读，亟待澄清。应当借鉴要素分析模式的实质内核，将我国刑法总则与分则中的两类故意分别指代为一般故意和特别故意。应当将一般故意解构为对行为的认识与对抽象结果的意志。应当将特别故意解构为对实质要素的正向犯意认定和对于随附情状的负向犯意认定。应当坚持由人民陪审员对实质要素中的规范要素进行评价，坚持对于随附情状进行认识可能性的事后客观判断。     

合规在中国的引入与理论调适——企业合规研究述评

企业合规作为一项重大法学前沿交叉课题，得到我国刑事法、公司法、行政法等多个领域学者的广泛关注，以合规在中国的引入和理论调适为主题，我国学者主要从企业合规的性质与功能、公司合规治理的理念与结构、企业合规与行政监管模式、企业合规与单位刑事责任、企业合规引入公诉的方式等五大板块展开学术研究和争鸣，业已产生一批重要理论成果。在未来，企业合规研究需要一次法学方法论上的转型，以比较法研究为主线的介述性研究和以提出制度改革建议为目标的对策法学研究可告一段落，从本土合规改革经验中提炼中国化的原创性合规理论，将成为企业合规研究的主要学术增长点。     

“生前预嘱”概念体系梳理及立法选择

我国目前正处于生前预嘱概念推广阶段,尚未建立生前预嘱制度及预先医疗指示制度,因此需要我们在立法前做好充分的理论准备。首先要重视生前预嘱概念的准确性,"生前"的表述并不准确,应予重视概念所属制度体系的逻辑性、合理性。有些学者的理论表述并不严谨,将预先医疗指示与生前预嘱等同,其实这对概念是包含与被包含的关系,在对制度进行立法选择时要坚持正确的理论基础。我们还要重视制度内容上的一些特别问题,如孕产妇的生前预嘱效力问题,以及生前预嘱的灵活适用问题,为我国相关制度的立法选择提供帮助。     

Inheritance,succession, and familial transfer in rural Westphalia, 1800–1900

This article compares property transfer contracts between generations in two Prussian parishes where marital law differed significantly in the 19th century. Our sources focus on two critical phases in peasants' life cycles at the time. Whereas young people could find the resources to settle down, the older generation had to plan for their retirement. Although sons had a better chance of inheriting the farm, female successors were not rare. A peasant daughter's overall prospects of becoming a peasant by inheriting her parent's farm or marrying a farm successor were almost as good as her brother's. The situation for older women, however, was subject to their legal standing with regards to marital property. When couples held joint marital property, men and women had the same opportunities to arrange for retirement. In contrast, when couples held separate marital property and male succession prevailed, older women were at an evident disadvantage.     

The invisible chain: niche inheritance and unequal social reproduction in preindustrial continental Europe

A central aspect of the demographic transition model is discussed: the “chain between inheritance and reproduction,” which many historical demographers claim has kept population and resources in balance during the preindustrial period. The basic mechanism is well known: Economic space is thought to be divided into a limited number of self-sufficient positions or niches; since marriage required possession—usually by inheritance—of one such niche, overpopulation was avoided. The existence of this chain in preindustrial continental Europe has generally been taken for granted, although little is known about its actual workings. As a discussion of classical and current research shows, the chain should not be understood as encompassing entire demoeconomic systems at any time or place. Rather, niche mechanisms are relevant for the behavior of specific social groups and as communal or other political strategies. The need for alternative explanations of sociobiographic inequality—such as the impact of kinship on life-course decisions and chances—is emphasized.     

Strategies of inheritance among Kentish fishing communities in the later Middle Ages

Anthropologists and historians have long been interested in the subject of inheritance. One area that has received considerable attention is the connections between property, production and the family. Researchers have noted the complexity of the systems used by donors and recipients whereby assets are transmitted, including matters of timing, life cycle stage and the formation of relationships. One of the most significant times is death. For the family, the death of a spouse often has severe implications for its production and reproduction, and the strategies of inheritance employed affect its subsequent history. Studies of post-mortem inheritance have primarily investigated agricultural communities. This article seeks to test their findings by exploring the links between occupation and inheritance, and between identity and inheritance with respect to the fishing families from two small late medieval Kentish towns. The exceptionally good testamentary materials for the fishermen of Lydd and Folkestone reveal the deployment of a number of post-mortem inheritance strategies. By indicating the importance of significant relations in the transference of material and symbolic capital at this critical time, the study provides a greater understanding of the role of inheritance in familial and communal replication.     

Gender Differences in Land Inheritance,Schooling and Lifetime Income: Evidence from the Rural Philippines

This article examines the difference in lifetime incomes arising from parental preferences in the allocation of land inheritance and investments in schooling between sons and daughters in the rural Philippines. Sons are preferred with respect to land inheritance, receiving 0.15 additional hectares of land, while daughters are treated more favourably in schooling investments, receiving 1.5 more years of schooling. However, differences in both current and life-cycle incomes between sons and daughters are insignificant. This suggests that Filipino parents allocate intergenerational transfers to equalise incomes among their children, without sacrificing efficiency.     

Facilitative Mayors in Complex Environments: Why Political Will Matters

Under certain circumstances the style of leadership of mayors can be the result of their context perceptions and their sense of political autonomy and efficacy. This assessment indicates that the political action of the mayor discloses a particular style of leadership that derives from his/her political will. This article suggests an analysis of political will that intends to explain why local leaders adopt facilitative styles of leadership. In this formulation, the leadership facilitative style is a consequence of the political will to act accordingly, and this is explained by three main determinants: the leaders’ awareness of their complex and networked context, their independent sense of autonomy and their belief about their own political efficacy. Results from case studies, with extensive interviews with mayors, conducted in Portuguese municipalities, will be presented to reinforce and explore these hypotheses and to discuss the feasibility of this framework.     

民事虚假诉讼的法律规制

民事虚假诉讼不仅侵犯了第三人的合法权益,而且损害了审判权威和司法公信力,浪费了司法资源。当前立法机关需要按照渐进性的原则积极推动法律修改和完善,以实现对虚假诉讼的法律规制,特别是对严重虚假诉讼行为的刑法规制。     

论刑法学中“条件关系”的引入

＂条件关系＂是对应着＂因果关系＂而提出来的。行为与某种损害结果构成＂条件关系＂需要具备主客观两个方面的条件：客观上行为人没有实际预见,主观上行为人没有掌控某种损害结果的意志自由。＂条件关系＂的构成条件反面地说明着＂因果关系＂的构成条件,故＂条件关系＂的引入是对传统刑法因果关系理论的一种深化。＂条件关系＂能够＂阻却＂结果犯或结果加重犯的成立,即＂阻却＂刑事责任的形成或升级,从而成为刑事责任的一种分析工具。