论环境行政公益诉讼的谦抑性——以检察机关提起环境行政公益诉讼为限

检察机关提起环境行政公益诉讼,是促进行政机关履行环境保护职责的重要方式.环境行政公益诉讼涉及检察机关、法院和行政机关三个机关,需要处理好司法权与行政权之间的关系.一方面,环境司法具有能动性,容易导致司法权与行政权之间的冲突;另一方面,基于司法有限性与环境法行政实施的特征,需要重视司法谦抑性问题.而如何认识环境行政公益诉讼的谦抑性,需要从理论和实践的维度进行分析.在检察机关提出环境行政诉讼时,应当尊重行政机关的首次管辖权、重视行政公益诉讼的诉前程序、尊重行政自由裁量权、重视行政不能问题.当然,这种谦抑并不是绝对的,为有效发挥行政公益诉讼的功能,应当把握好这种谦抑性的限度,通过明确强制诉讼范围、确定实体性裁判的要件、尊重诉讼和解等方式来处理好司法谦抑与司法监督的关系.     

环境信息披露中的政企演化博弈——媒体监督视角

在生态文明建设过程中，媒体作为重要的社会监督主体，在政府监管企业环境信息披露过程中具有重要作用。针对目前企业环境信息披露质量较低的问题，从理论层面分析影响企业环境信息披露的外界因素；立足媒体监督视角，建立政府与企业在环境信息披露中的演化博弈模型，对政府与企业的策略选择和演化稳定策略进行分析；利用Matlab软件进行仿真研究，分析各参数的变化对政企策略选择的影响程度。结果表明:加大媒体监督力度可以督促企业环境信息披露和提高政府监管效率，但媒体监督力度过大会弱化政府监管效力。因此，政府在完善媒体监督机制，加大媒体监督力度的同时也要提升自身监管水平。     

孰轻孰重：市场经济下能力培育与环境建设？——基于农户绿色技术采纳行为的实证

基于湖北省1 090份农户调研数据，以有机肥施用为例，构建Binary Logistic模型探究市场能力、市场环境对农户有机肥施用行为决策的影响机制及作用大小。结果表明：市场能力中主动收集信息对有机肥施用行为产生正向影响，而销售渠道建设却表现出负向影响，市场环境中产品质量检测、要素获取便捷性与地方品牌建设均起到了正向促进作用，且根据变量贡献率大小可知市场环境作用更为显著。进一步根据市场环境的调节效应检验得出，地方品牌建设在技术推广培训、销售渠道建设与农户绿色生产技术采纳行为之间均起到正向调节作用，这说明农户市场能力作用的有效发挥需基于一定的市场环境。基于此，建议加强农户市场能力培育、发挥市场环境的规范性作用、正确认识市场能力和市场环境的作用和定位，以便调动农户有机肥施用积极性，实现农业绿色发展。     

人工智能辅助地方立法的应用与规制

我国地方立法权随着2015年《立法法》的修改扩至所有设区的市，随之掀起地方立法热潮。但目前地方立法的质量普遍不高，存在诸多问题，人工智能技术的应用能为地方立法开辟新路径。基于互联网及大数据的人工智能，能被应用于资料检索、立项论证、立法公开与意见征集、辅助草案起草、立法后评估与备案审查。与此同时，当人工智能被应用于地方立法工作时，需要确立“辅助原则”，规范人工智能地方立法程序的选用标准，限制人工智能地方立法程序的算法，以此来规制人工智能带来的不利影响。     

Nature and social work pedagogy: How U.S. social work educators are integrating issues of the natural environment into their teaching

ABSTRACT

The article presents a study of how U.S. social work educators are including discussion, exercises, readings, and other pedagogical approaches to the natural environment into their classrooms. The findings are part of a larger, naturalistic study that gathered data using a semi-structured interview format. The three major themes that emerged were human behavior theory, ecological and environmental justice, and environmental sustainability. The participants are introducing issues of the natural environment using varied pedagogical techniques including readings, in-class discussions and exercises, service learning, assignments, including written and practical work, research, self-awareness exercises, and class facilitation. Questions for further investigation of social work and the natural environment are included.     

Temperament,mothers' reactions to children's emotional experiences,and emotion understanding predicting adjustment in preschool children

It is expected that both children and their parents contribute to children's development of emotion knowledge and adjustment. Bidirectional relations between child temperament (fear, frustration, executive control) and mothers' reactions to children's emotional experiences were examined to explore how these variables predict children's emotion understanding, social competence, and problem behaviors. Preschool‐aged children (N = 306) and their mothers were assessed across four‐time points. Children's temperament and mothers' non‐supportive reactions to children's emotional experiences were assessed when children were 36 and 45 months of age. Emotion understanding was assessed when the children were 54 months of age and teachers reported on children's problem behaviors and social competence when the children were 63 months of age. Covariates included family income, child cognitive ability, gender, and child adjustment at 36 months. Results from path analyses demonstrated that bidirectional relations between children's temperament and mothers' non‐supportive reactions were not significant. However, mother's non‐supportive reactions directly predicted fewer problem behaviors, and children's emotion understanding mediated the relation between children's executive control and their later social competence. As such, emotion understanding appears to be one mechanism through which executive control might impact social competence.     

The New Spatial Planning Act in Taiwan: A Messy Shift from Economic Development-Oriented Planning to Environmental Conservation-Oriented Planning?

On 18 December 2015, the spatial planning bill was finally passed by the Legislative Yuan in Taiwan. That was a special moment for planning community and authority since they had anticipated this moment for more than two decades. However, this is not the end of the story. On the contrary, the battle between the economic development promoters and environmental conservation supporters just starts. The Act introduces several new changes to secure its goal of nationwide sustainable development, but the introduction also raises some tensions. This article reviews the tensions and their socio-political context, and gives some suggestions to the Taiwanese government.     

为合法经营活动而侵犯公民个人信息的刑法规制

最高人民法院、最高人民检察院《关于办理侵犯公民个人信息刑事案件适用法律若干问题的解释》第六条对为合法经营活动而侵犯公民个人信息行为进行独立规制,是新型犯罪罪状表述抽象化与罪状解释具体化、信息时代信息价值多元化与危害行为多样化、现代社会犯罪治理精细化与刑法评价精准化的内在要求.为合法经营活动而侵犯公民个人信息行为相关规范要素中的“为合法经营活动”应理解为主观超过要素,“获利五万元”应作严格解释,“曾因侵犯公民个人信息”应作广义解释,“其他情节严重”应包括信息数量标准.     

Older sibling contribution to younger children's working memory and cognitive flexibility

We used structural equation modeling in the Early Childhood Longitudinal Study—Kindergarten Cohort (N = 17,020) to explore the influence of having an older sibling on kindergarten‐age focal children's cognitive self‐regulation. In model 1, we tested how having a sibling who is generally older than the focal child contributes to the focal child's working memory (WM) and cognitive flexibility (CF) upon entering kindergarten. In model 2, we assessed the contribution to the focal child's kindergarten WM and CF of having an older sibling in a non‐proximal age range (age 12–18) or not having siblings relative to having an older sibling in a proximal age range to the focal child (up to age 11). In model 3, we considered the contribution of having an older sister, an older brother, or both an older sister and an older brother of any age. Having an older sibling in general was associated with increased kindergarten WM, whereas having an older sister was related to increased WM and CF. Compared to having a proximal older sibling, having no siblings and having a non‐proximal older sibling were related to decreased WM and CF. Findings have implications for involving siblings in family interventions in early childhood.     

Media Exposure to Terrorism and Perception of Immigrants as a Threat: The Role of Emotional Intelligence and Psychophysiological Self-Regulation

To better understand how media exposure to terrorism-related images can lead to perceiving immigrants as more threatening, in the present study we manipulated participants’ exposure to media coverage of terrorist attacks and investigated how this may influence people's perception of Arab immigrants. Considering the important role of regulatory abilities when facing stressful events like terrorist attacks, we measured individual differences in both trait emotional intelligence and resting heart rate variability (HRV). Results showed that participants perceived Arab immigrants as more threatening in the media exposure condition than in the control condition. Importantly, there were moderating effects of both trait emotional intelligence and HRV. People with lower trait emotional intelligence or lower HRV at rest felt more threatened in the media exposure condition compared to the control condition, whereas this effect was not observed among participants with higher trait emotional intelligence or higher resting HRV. The present study highlights some of the complexities related to how media exposure to terrorism-related images influences people's reactions to, and evaluations of, an outgroup that is related to the perpetrators of the attacks.