取消农业税对农村基层法治建设的影响

取消农业税既为农村基层法治建设提供了可能性空间,也提出了一些挑战。之前因收取税费而形成的乡村利益共同体正在被打破,村民自治获得了制度性空间;但伴随着税费取消而来,为了应对财政压力而进行的乡村体制改革,对逆转农村社会灰色化和治安恶化趋势无所助益;而税费压力的消除,使得基层司法和基层政府的关系开始疏远,从而为基层司法独立提供了一定的可能性空间。     

Beyond griefing: Virtual crime

Because there is so much money involved in virtual worlds these days, there has been an increase in criminal activity in these worlds as well. The gaming community calls people who promote conflict “griefers”. Griefers are people who like nothing better than to kill team-mates or obstruct the game’s objectives. Griefers scam, cheat and abuse. Recently, they have begun to set up Ponzi schemes. In games that attempt to encourage complex and enduring interactions among thousands of players, “griefing” has evolved from being an isolated nuisance to a social disease. Much in the same way crime has become the real world’s social disease. Grief is turning into crime.     

政党适应性视角下的党内巡视制度

改革开放以来,面对不断变迁的社会结构和充满挑战的外部环境,我党一直在进行着适应性变革。党内巡视制度的建立符合政党适应性的要求,可以消解党适应性变革中社会基础扩大给党执政带来的影响,是提高党的建设科学化水平的重要一环。从政党适应性视角看,党内巡视制度面临一些挑战,包括存在陷入＂钱穆制度陷阱＂的可能,存在信息化时代的挑战,对巡视制度的理论研究尚显薄弱,等等。因此,应加强党内监督制度体系建设,坚持群众路线,通过改革的进一步深入完善党内巡视制度,从而提高政党适应性。     

论非法拘禁罪的犯罪对象

有关非法拘禁罪的犯罪对象问题历来颇有争议,应在学说梳理基础之上进行价值抉择与类型考量。非法拘禁罪的犯罪对象的判定应当以“限定说”和“可能说”为根据,而不能采用“无限定说”和“现实说”,否则会招致明显不当。襁褓中的婴儿、被看护的植物人不能成为非法拘禁罪的犯罪对象;意识清醒的高位截瘫的人、儿童、高度精神病人都能成为非法拘禁罪的犯罪对象。     

Domesticating the future?: Citizen’s income discussion in Estonia

ABSTRACT

Citizen’s income is an idea that is currently gaining ground in many parts of the world. The prospect of disappearing jobs and social exclusion that the globalized world faces has given the idea of guaranteed income a new urgency. This article is a pilot sociological study of the citizen’s income discussion in post-socialist Estonia. The article is based on qualitative research: interviews with experts from different fields and an analysis of print media. Four systematic approaches to citizen’s income are differentiated in the paper. We analyze the views on the idea in order to explore their significance for the Estonian economic status quo and welfare state.     

Post-termination use of licensed intellectual property by licensees

Legal and practical context: The ongoing dispute between Nokia and Qualcomm exemplifies thecomplex issues that arise when the licensor–licensee relationshipbreaks down. It illustrates that any means by which a licenseecan secure rights to use licensed IP after termination of alicence agreement can be of great commercial importance, notto mention significant economic value. If a licensee can continueto use licensed IP notwithstanding that its agreement has beenterminated, a licensor's ability to control and derive maximumeconomic benefit from its IP may be fundamentally compromised. Key points: The means available to licensees to secure such rights varydepending on the kind of IP right licensed, but there are severalcommon themes, which draw on a diverse range of legal rulesand concepts, including specific IP concepts and laws (includingthe rules relating to assignment and licensing, the exhaustionof rights, revocation and invalidation, and defences to infringementclaims), contract law and competition law. This article discussespractical implications to be considered when drafting IP licenceagreements. Conclusions: From a licensee's perspective, the termination of its licenceagreement is not necessarily the end of the road. Licenseesshould be aware of these post-termination rights when expectingto face difficult renegotiations with a licensor. From bothparties' perspectives, but particularly that of licensor, thisarticle should demonstrate the importance of drafting to avoidany uncertainty that may arise on the termination of a licenceagreement.     

The parenting possible selves of young fathers in prison

Abstract

Even when motivated to desist from crime, many high-risk offenders fail quickly following release from prison. One cause may be a lack of preparation for release. Recent research with child-sex offenders has demonstrated that men who avoided reconvictions not only had better plans made for life on parole prior to their release, but plan quality also added significant incremental validity to the prediction of recidivism after controlling for both static and dynamic measures of risk. This study examined release planning in high-risk violent prisoners in an intensive cognitive-behavioural rehabilitation programme. We compared the predictive validity of plan quality with three well-validated risk assessment instruments. Men who were reconvicted had significantly higher scores on all three risk instruments and significantly poorer plans, but plan quality did not significantly improve prediction when risk was controlled. Plan quality was also significantly poorer in men who were reimprisoned, and did significantly improve prediction over and above each risk prediction instrument. Findings suggest that higher quality release plans may protect offenders from being quickly reimprisoned, despite high levels of assessed criminal risk, and that enhancing resources put into release planning may lead to improved parole outcomes.     

无法安妥的灵魂--评析贾平凹小说的主人公形象

贾平凹关注着当今的乡村和城市,写了一系列游走于城乡之间的不安分的灵魂.他笔下的主人公游走于城乡之间,他们所处的世界对于他们来说始终是外来者,同时,他们是生活在芸芸众生中的孤独者,是一群"无法安妥的灵魂".