论老年人犯罪从宽暨免死的年龄标准与立法模式——以《刑法修正案(八)》为视角

老年人犯罪从宽的年龄标准应当有别于老年人免死的年龄标准。当前,中国对老年人犯罪从宽的年龄宜规定为"年满70周岁",而对老年人犯罪免死的年龄则宜规定为"年满75周岁"。对老年人犯罪从宽应当与对未成年人犯罪从宽相一致,统一规定为"应当从轻或者减轻处罚",而没有必要区分故意和过失犯罪分别规定。考虑到老年人犯罪免死的根据、刑罚目的和国际上的普遍做法,中国应当免除所有老年人犯罪的死刑,而不应有例外。     

China and global internet governance: toward an alternative analytical framework

Drawing on historical methods, this study assesses the conventional “cyber-sovereignty” framework, which has been used to capture and interpret China’s stance toward global Internet governance. This framework focuses on political control and tends to reduce China’s policies to the attempts by an authoritarian state to elevate governments and intergovernmental organizations to be the only legitimate governors of global cyberspace. As it traces the evolution of China’s relationship with the global Internet in the past three decades, the study demonstrates that China’s stance is more complex than the prevalent framework allows and that it is both built upon and different from the US-centric, market-oriented Internet governance scheme. This study recognizes the inadequacy of the conventional framework and invokes a theory of critical political economy of communication, thereby offering an alternative model to explicate the complex power dynamics behind China’s changing strategies. The alternative model advanced in this study is based on the understanding of China’s evolving approach as the product of multifaceted interactions among a group of power-holders that include both state agencies and business units on the transnational level.     

The role of events in ICT adoption: same-sex marriage and Twitter

ICT adoption is predominantly considered as a process conditioned by social structures, social situations of adopters, and attributes and features of technologies. What is often overlooked are the cultural forces that shape adoption experiences and processes. This paper focuses on events and event narratives as vehicles through which the efficacy of culture unfolds in technological change processes. Cultural sociology has shown how influential events can be for forming public opinions and facilitating collective action. This article considers the power of one event on a much smaller scale: the passage of same-sex marriage (SSM) law in New York in June 2011 was not only significant for marriage equality in the US but also for the operating logic of the news ecosystem in which the political decision was made ? the state house in Albany. For the journalists who covered this event on the ground, the SSM decision was the catalyst to fully embrace Twitter. Years later, the event still served as an exemplar for the potentials of Twitter and as a basis of legitimacy of associated tweeting practices reporters incorporated. This contribution is based on ethnographic research at the state house in Albany, analysis of tweets and legacy news coverage published during that period, and in-depth interviews with reporters.     

论“学报体”及其改良

"学报体"指发表在我国社科学术期刊上的文章所体现出的某些共性,既涉及题材内容,又涉及风格气象。我国社科期刊自创立至今,事实上存在着作为"正体"的和作为"伪体"的两种"学报体"文章,前者应得到护持,后者应受到贬斥。"正体"文章之长的主要体现是:分学科门类表述高深问题研究新得;举充分依据细密论证大小论点;以人文关怀给力社会发展;有较多行文规范服务内容表达。"伪体"文章之弊主要表现为:形式完备而内容贫瘠;"八股化"程度严重;缺少淑世情怀。当今"学报体"文章的改良,应先从三个方面做起:变文章评价由"重量轻质"为"重质轻量";变文章体式由"一体独大"为"众体并茂";变文章语言由"重质轻文"为"质文双重"。     

国际商事仲裁裁决效力考辨

关于“国际性”与“商事”内涵的界定，已呈现出由国内标准向国际标准演进的趋势。此种趋势一方面导致了二者解释的逐步扩大，另一方面也促成各国对二者内涵的趋同认识。相比较而言，“裁决”内涵的界定受国内法影响较多，但仍应以“解决了纠纷”作为“裁决”的基本构成要件。建构在以上三个基本概念基础之上的国际商事仲裁裁决的效力，则主要是指裁决对当事人、各相关仲裁庭和法院所产生的保护力、拘束力和执行力，     

光滑暧昧模型下的不透明交易和管制措施研究

本文假定透明交易者对额外投资机会回报率的标准差(方差,投资风险)存在暧昧,这种认知暧昧性抑制了透明交易者的投资行为,会导致风险资产溢价过高及社会福利损失.透明交易者是暧昧厌恶的投资者,其投资决策依据光滑暧昧厌恶模型,需求函数呈现连续且光滑的特征.而不透明交易者,通过支付一定的信息获取成本获得私有信息而具有信息优势,他们是标准的风险厌恶的投资者.通过构建理性预期均衡,本文的研究发现:初始资产严格为正的透明交易者将获得严格为正的超额收益;提高信息获取成本将减少不透明交易者的比例,从而增加风险资产溢价,降低福利水平,因而不是一项好的管制措施;而旨在提高市场透明度降低交易者暧昧性的举措总有利于提高福利水平.     

河南省生产率进步及其因素分解——基于DEA-Malmquist指数的市级数据分析

运用DEA．Malmquist指数分析法对18个市2000-2009年间的全要素生产率进步及其因素分解分析的结果表明：河南各市全要素生产率增长十分强劲，年均达14．7％，且落后地区具有明显的追赶趋势，但近几年下滑趋势明显。进一步的实证分析说明，技术进步是推动全要素生产率增长的主要动力，而综合技术效率和纯技术效率的下降则是制约TFP提升的瓶颈因素。因此，要遏制全要素生产率的下滑势头，就必须大力推进科技进步、提升技术效率和规模效率。     

Disability,family and technical aids: a study of how disabling/enabling experiences come about in hybrid family relations

Research regarding disabling situations generally focuses on disabling situations within a public society ‘out there’. In our research, however, the intimate family setting itself appears central to the emergence of dis/enabling experiences. Moreover, the relationships that shaped these experiences not only involve human family members but also the technical aids associated with people’s specific impairments. Biographical narratives with users of three different technical aids including hearing aids, arm prostheses and incontinence products demonstrate that studying the making of (dis)ability in hybrid family settings is essential for understanding the emergence of (dis)ability in general.     

A simple algorithm for calculating values for folded normal distribution

Folded normal distribution originates from the modulus of normal distribution. In the present article, we have formulated the cumulative distribution function (cdf) of a folded normal distribution in terms of standard normal cdf and the parameters of the mother normal distribution. Although cdf values of folded normal distribution were earlier tabulated in the literature, we have shown that those values are valid for very particular situations. We have also provided a simple approach to obtain values of the parameters of the mother normal distribution from those of the folded normal distribution. These results find ample application in practice, for example, in obtaining the so-called upper and lower α-points of folded normal distribution, which, in turn, is useful in testing of the hypothesis relating to folded normal distribution and in designing process capability control chart of some process capability indices. A thorough study has been made to compare the performance of the newly developed theory to the existing ones. Some simulated as well as real-life examples have been discussed to supplement the theory developed in this article. Codes (generated by R software) for the theory developed in this article are also presented for the ease of application.     

Complex home care: challenges arising from the blurring of boundaries between family and professional care

Over the last 50 years, increasingly complex care (such as tracheostomy management, dialysis or enteral feeding) has shifted from hospital to home, with a concomitant rise in patient self-management and care given by family members. Recognition of the importance of the contribution of family care to the health system is also growing. This article reports the findings of a New Zealand study which explored the experiences of family carers who manage technical health procedures at home. It then draws attention to some broader issues raised by shifting complex care from professional management in hospital settings to family care at home, namely the ways in which complex home care blurs the boundaries between professional and family care (creating the ambiguous position of the expert carer) and questions of safety and responsibility in family care. We also discuss the implications for policy around family caregiving in New Zealand. Given the potential physical and mental health impacts of caring, it is time for renewed consideration of what family carers should be expected or allowed to manage and how the health system can support them in their important role.