法家重刑思想再认识

一重刑思想作为法家学说的重要内容之一虽已是一个不争的事实,但重刑思想包括哪些内容,学者的认识不尽相同。有学者认为重刑,专指中国奴隶制刑法和封建制刑法中的严刑峻法的制度和思想。它至少包括以下几个内容:1·刑种苛繁;2·罚不当罪;3·肉刑发达;4·死刑残刻①。也有学者认     

对中共一大前“53名党员”说法的质疑

关于中共一大前到底有多少党员,党史界有多种说法,其中53人说受到广泛认同.考虑到历史本身的局限,如信息闭塞统计有误,资料残缺保存不全等因素,53人说值得商榷,中共一大前党员的确切人数随着新史料的浮现、考证工作的深入,有可能更接近历史的真实.     

美国对伊拉克战略:负"重"前行

2006年,国际格局调整加快,世界热点问题升温,大国协调进一步展开,中国外交硕果累累。2007年,世界将进入深度调整,国际形势总体趋向缓和,但局部紧张可能加剧,尤其是伊朗核问题有可能升级,中国外交则在面对新机遇的同时有可能遭遇更复杂的挑战。鉴此,《现代国际关系》编辑部于2007年1月6日举办“2007年国际大势前瞻”研讨会,特别邀请30多位京内外专家学者在总结、回顾2006年国际形势的基础上,着重对2007年国际形势及中国外交的变化趋势进行前瞻性分析。现将研讨会主要观点辑录如下,以期有助于读者更准确把握国际形势走向。     

THE BEHAVIOUR OF LEGISLATORS AND BUREAUCRATS AND POLICING EXPENDITURES: A CONCEPTUAL FRAMEWORK AND SOME EMPIRICAL RESULTS*

Abstract: This paper is concerned with an analysis of legislation, public administration and government expenditure decisions on policing activities. These three dimensions of government can be used as mechanisms of social control. Whether they are or not is an empirical question that has to be determined in each case. It is shown that there are no strict relationships between the three dimensions of government activity: separate decision-making is undertaken for each of the three dimensions. It is indicated that there are eight possible combinations of the three dimensions, assuming that the three dimensions of government activity are bivariate and discrete. The empirical analysis relates to the state of Queensland and it is concluded that Queensland can be described as a case consisting of authoritarian legislation, public administration contrary to the rule of law, and low policing expenditures.     

The Ends of Innocence: Age as a Mode of Inquiry in Sociolegal Studies

This article considers two recent books in the history of childhood, youth, and the law: Holly Brewer, By Birth or Consent and Stephen Robertson, Crimes Against Children . It argues that these works mark the emergence of age as a category of analysis in sociolegal studies. It calls for further investigations in the legal history of childhood and youth, outlines several areas of interest, and suggests that attention to age will alter how scholars look at the law by complicating key concepts such as innocence, authority, and citizenship. Studies of age and the law could benefit from cross-cultural and transnational approaches.     

商标“反向混淆”理论初探——以案例为视角

以"浙江蓝野酒业有限公司诉上海百事可乐饮料有限公司"一案为切入点,探讨商标反向混淆的基本理论问题.通过介绍国外反向混淆标志性案例,论证禁止反向混淆的正当性,指出反向混淆案件中认定侵权的特殊性,并提出立法建议.     

SCHOOLS AS COMMUNITIES: THE RELATIONSHIPS AMONG COMMUNAL SCHOOL ORGANIZATION,STUDENT BONDING,AND SCHOOL DISORDER*

Research has indicated that school factors such as communal school organization and student bonding are predictive of school disorder, with greater communal organization and greater student bonding leading to less delinquency and victimization. Data from a nationally representative sample of 254 public, nonalternative, secondary schools were used to examine structural equation models representing hypothesized relationships among communal school organization, student bonding, and school disorder. The hypothesis that communally organized schools would have less disorder held true for teacher victimization and student delinquency, but not for student victimization. In addition, the hypothesis that the relationship between communal school organization and school disorder would be mediated by student bonding was supported for student delinquency, but not for teacher victimization.     

Justice for All: Putting Victims at the Heart of Criminal Justice?

This article considers the claim in the government's White Paper, Justice for All , to put victims and witnesses at the heart of the criminal justice system and argues that there is an unresolved tension within the paper between instrumentalist crime control concerns and intrinsic concerns for the rights of victims and witnesses. It is argued that many of the proposals now contained in the latest Criminal Justice Bill are so preoccupied with rebalancing the system away from offenders that they risk doing injustice to defendants with little tangible benefit to victims and witnesses in terms of rights and remedies.