汽车试驾法律问题探析

汽车试驾是目前汽车销售商普遍采用的促销手段之一.由于当事人双方约定不明和法律规定不明确,汽车试驾过程中也经常就发生的人身、财产损害事故等发生法律争议.文章对此进行了探讨,提出应该在明确汽车经销商的法律义务的前提下来确定双方的法律责任,并针对试驾与《道路交通安全法》的法律适用中存在的问题提出了解决措施.     

Poverty and vote buying: Survey-based evidence from Africa

Alongside the spread of democracy in the developing world, vote buying has emerged as an integral part of election campaigns. Yet, we know little about the causes of vote buying in young democracies. In this paper, we analyse the sources of vote buying in sub-Saharan African. Using data from the Afrobarometer, we focus on the impact of poverty on vote buying at the individual- and country-level. Results from multilevel regressions show that poor voters are significantly more likely to be targets of vote buying than wealthier voters. This effect increases when elections are highly competitive. Thus, micro-level poverty seems to be an important source of vote buying in Africa and has major implications for the way electoral democracy operates.     

知假买假行为适用惩罚性赔偿评析

知假买假行为使用惩罚性赔偿的分歧主要集中在立法目的、消费者的认定、欺诈、打假的社会功能等四个方面。由于《消法》立法目的不明确,无法作为立论依据;由于举证难,无法否认知假买假行为为生活消费需要、事先知假,应该认定知假买假者为消费者、销售者存在欺诈,因而可以适用惩罚性规则;从社会功能上看,知假买假客观上净化了社会环境,提高了社会福利,因而法律应该确立这种行为。     

我国农机具购置补贴的政策效应分析

2004年以来,随着我国对农机具购置补贴力度的加大,其政策效应逐渐凸现出来。分析我国农机具购置补贴这一政策,有着极其重要的现实意义。     

Does Membership on the UN Security Council Influence Voting in the UN General Assembly?

Recent studies report that temporary members of the UN Security Council receive favorable treatment from the IMF, the World Bank, or in US foreign aid in exchange for their political support for permanent members. Nevertheless, few studies have examined whether this favorable treatment and these benefits have actually made any significant changes in the member states’ voting behavior in the United Nations. To explore this question, we investigate whether membership on the UN Security Council influences a state’s voting in the UN General Assembly. In the analysis of panel data for 197 countries over the period from 1946 to 2008, the empirical results show that elected members of the UN Security Council tend to behave similarly with permanent members, especially with the United States, as the number of loan programs signed with the IMF and the World Bank increases. Also, US foreign aid significantly increases temporary members’ vote coincidence with the United States and other permanent members. In this regard, this article contributes to our understanding of state voting behavior and power politics in international organizations.     

Bill Passage Speed in the US House: A Test of a Vote Buying Model of the Legislative Process

This article constitutes a test of central tenets of vote buying theories using data on the number of days it takes to pass important bills in the US House. Survival analyses of a model of bill passage length provide confirmatory evidence of vote buying by presidents and the congressional leadership. Bills that attract buyers of votes to maintain the status quo are shown to pass more quickly than those that do not. Bills on the president's agenda and those that are relatively close to members' ideal points also pass quickly. The analyses furnish some interesting insights into possible efforts to make the legislative process quicker.     

浅析收买被拐卖的妇女、儿童罪中的几个问题

我国刑法理论界对收买被拐卖的妇女、儿童罪鲜有论及 ,然而 ,无论是条文表述还是相关法律适用 ,都有进行探讨的必要性。笔者在本文中对刑法第 2 41条第二、三、四、六款的理解和适用结合理论和实践作了全面的透视 ,对为了收买 ,教唆或者参与他人拐卖妇女、儿童行为 ,然后又实行了收买行为的定性及相关问题作了深入的探讨。     

Trust in elections,vote buying,and turnout in Latin America

Although national elections in Latin America are now described as reasonably free and fair by international observations teams, electoral processes are still affected by a series of malpractices (unequal access to the media and public resources, registration problems, vote buying). These irregularities negatively affect citizens' trust in elections. In this paper, we analyze the consequences of low trust in elections and exposure to vote buying practices on electoral participation in Latin America. Using data from the 2010 wave of LAPOP surveys, we find that perceiving that the election is unfair reduces the willingness to participate in national elections, but receiving material incentives during the campaign has the opposite effect of increasing electoral participation. We also show that the effect of trust in elections on turnout is larger in countries where voting is not mandatory.     

非法买卖枪支犯罪案件之诱惑侦查

诱惑侦查是当今世界许多国家侦查非法买卖枪支犯罪案件犯罪的重要措施和手段,我国也在不同程度地适用这一有效方法。由于缺乏必要的指导,实践中存在不少问题,影响了其效能的充分发挥,也极易侵害公民的合法权益。鉴此,分析非法买卖枪支犯罪案件运用诱惑侦查的条件,提出其诱饵的设计方案,以及非法买卖枪支犯罪案件诱惑侦查的策略和方法具有十分重大的意义。