社会危害性在犯罪构成理论中的地位探析

目前在刑法学界存在着社会危害性理论备受指责的现象,有的学者甚至认为应将社会危害性逐出我国的犯罪构成理论。这是不科学的。我们应该运用立体动态思维的方式正确分析犯罪概念、犯罪构成与罪刑法定主义的关系,不但要保留社会危害性的地位,更重要的是将其明确作为一个独立的犯罪成立的条件,这样才是对传统犯罪构成理论批判性的发展。     

Timing is everything: a quantitative study of presidentialist regime dynamics in Eurasia, 1992–2016

Why do some countries with presidentialist constitutions feature more political closure than others at a given time? A quantitative study of post-Soviet countries since independence finds that much of the observed variation in political closure reflects timing, or the particular point at which a country happens to be within a regime cycle, rather than structural or other factors usually cited to explain regime change. Specifically, how much time a president has had to coordinate rivalrous networks around his or her authority is at least as strong a predictor of the level of regime closure as are economic development, economic growth, resource rents, proximity to Europe, and key cultural factors, even when controlling for the level of closure in the preceding year. This pattern is not found among countries with divided-executive constitutions, indicating it is related to the constitution rather than a general phenomenon.     

Criminal constitutions

Why do criminals use constitutions? This article argues that constitutions perform three functions in criminal organisations. First, criminal constitutions promote consensus by creating common knowledge among criminals about what the organisation expects of them and what they can expect of the organisation's other members. Second, criminal constitutions regulate behaviours that are privately beneficially to individual criminals but costly to their organisation as a whole. Third, criminal constitutions generate information about member misconduct and coordinate the enforcement of rules that prohibit such behaviour. By performing these functions, constitutions facilitate criminal cooperation and enhance criminals' profit. To examine our hypothesis we examine the constitutions of two criminal organisations: eighteenth-century Caribbean pirates and the contemporary Californian prison gang, La Nuestra Familia.     

A review of developments and changes in the world＇s constitutions

The constitution is a living document, which being the case, there is a need to increase the understanding of the constitution through systematic research and teaching at various levels. This paper aims to be a catalyst that inspires creative action to claim and advance certain new constitutional rights encapsulated in various world＇s constitutions. It seeks to raise awareness of new constitutional rights. World＇s most constitutions have incorporated constitutional provisions that ensure the entrenched new fundamental human rights. The latest constitutions, including South African constitution of 1996 are advanced and have included significant number of rights which were left out in the old constitutions. The courts are given the widest possible powers to develop and forge new remedies for protection of constitutional rights and the enforcement of constitutional duties.     

大学生完美主义与中医五态人格相关性调查分析

目的 探讨大学生完美主义与中医五态人格的关系。方法 采用中文Frost多维度完美主义问卷和中医五态人格测验表对250例中医院校在读本科生进行问卷调查。结果 中医院校大学生太阳人格与担心错误、行动的疑虑呈显著负相关（P＜0.05）,与父母期望、个人标准呈显著正相关（P＜0.05）;阴阳和平人格与担心错误呈显著负相关（P＜0.05）,与条理性呈显著正相关（P＜0.05）;少阴人格与条理性呈显著正相关 （P＜0.05）;太阴人格与担心错误、行动的疑虑呈显著正相关（P＜0.05）,与条理性呈显著负相关（P＜0.05）;完美主义总分与太阴人格呈显著正相关 （P＜0.05）。结论 大学生完美主义与中医五态人格有关。     

论民事法律行为的构成要件及其理论意义

民事法律行为制度作为民法学领域的一项重要制度,其构成要件理论引起了人们的广泛争鸣。鉴于长期存在的理论混淆,文章从一般构成要件与特别构成要件角度出发加以分析,进而探讨明确界定民事法律行为构成要件的重大理论意义。这一界定有利于完善法律行为要件论,有利于理顺构成要件与生效要件的逻辑关系,有利于为举证责任提供理论依据。     

电信诈骗罪立法问题研究

电信诈骗犯罪的社会危害日益严重.与普通诈骗犯罪相比,电信诈骗犯罪在发生的场域、侵害的法益与构成要件上都有其特殊性,在对现行刑法规定及司法解释存在的不足进行分析的基础上,提出相应的立法完善建议.     

Greening Constitutions with Environmental Rights: Testing the Isomorphism Thesis

Why do some countries have constitutional environmental rights while others do not? In this paper, I conduct statistical analyses to respond to this inquiry. Through studying the impact of intraregional constitutional design, I aim to understand why states adopt environmental rights. I argue that regional isomorphism—i.e., the tendency among states within a region to converge on certain policies—may explain the trend toward constitutionalization of environmental rights. In this paper I (1) define and provide historical background on environmental rights, (2) describe theories which support regional isomorphism as a means of explaining the adoption of constitutional environmental rights, and (3) conduct statistical tests to determine the validity of the regional isomorphism thesis. I find that the enactment of constitutional environmental rights within a region does not increase the likelihood that another state within the same region will include environmental rights within its constitution.     

The environmental rights entered in the constitutions： A critique

Although environmental law is a relatively a new field of scholarship in South Africa, it is growing rapidly. The right to access to social security including environmental rights is found in the South African Bill of Rights, is being amplified by legislative and constitutional reforms, and developing case law in the courts. There is therefore a clear need to increase the understanding of the discipline through systematic research and teaching at various levels.1 The notion of including an “environmental right” in a domestic constitution is not novel in Africa. Most African countries have incorporated a constitutional provision that ensures the right to a healthy environment. Most of the problems that exist with environmental rights under the international and regional systems are absent under the domestic South African system. The way in which environmental rights have been formulated in international instruments, section 24 of the South African Constitution has been framed as an individual right and not as a collective one. Environmental degradation often affects groups of people and it could consequently argue that the right should protect groups and not just individuals.2     

谢长廷的两岸政治关系论述及其比较分析

谢长廷的两岸政治关系论述主要包括三个分论述，即“宪法一中”、“宪法共识”和“宪法各表”。谢长廷的“宪法一中”、“宪法共识”和“宪法各表”分别与国民党的“宪法一中”、“九二共识”和“一中各表”存有很大的差异。这三个分论述提出的主要面向和所要解决问题各有侧重。对于大陆方面而言，如何看待谢长廷的两岸政治关系论述，其实在更深层次意义上是如何看待“中华民国”及其“宪法”问题。研究谢长廷的两岸政治关系论述，有助于我们对其采取恰当的态度。