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.     

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.     

大数据背景下个人信息处理行为的法律规制——以个人信息处理行为的双重外部性为分析视角

大数据背景下个人信息处理行为既引发数据安全风险等负外部性，也会带来分享经济价值实现等正外部性，"大数据悖论"现象揭示了双重外部性成因。基于"外部性内在化"原理赋予信息主体以个人信息权并赋予数据控制者以大数据财产权虽有助分别规制其双重外部性，但网络大数据背景下其双重外部性规制彼此交互影响而面临两难困境。法经济学关于"损害之相互性"理论证立了基于"风险导向理念"规制个人信息处理以破解其两难困境的经济逻辑。大数据产业发展有赖个人信息处理的"外部性外部化"而实现分享经济。法经济学关于"公地喜剧"理论证立了基于"外部性外部化"规制个人信息处理而满足大数据产业发展需要的经济逻辑。大数据背景下个人信息处理的规制有赖从"压制型法"到兼及"回应型法"的理念转换，从"外部性内在化"兼及"外部性外部化"的机制并举，从数据资源权利配置兼及数字技术权力干预的措施协同，实现大数据产业创新与个人信息安全的有机平衡。     

论环境影响评价与排污许可制度的互动和衔接——从制度逻辑和构造建议的角度

如何将环境影响评价与排污许可等环境治理工具进行互动与衔接是未来环境治理制度改革的关键。两种制度在现时的环境下都存在各自的问题及相应的变革路径。两种不同的变革路径却有着共同的价值需求，即环境影响评价与排污许可的衔接与互动。在衔接的过程中存在的最大的争议就是维持或简化环境影响评价审批，这种衔接思路的差异制造了两种截然相反的制度逻辑:一种以维持环评审批为核心，另一种以简化环评审批为核心。就中国目前的环境影响评价制度改革方向而言，简化环评审批似乎已是不可阻挡之潮流。是否应当以简化环评审批、强调排污许可为目标进行两种制度的衔接。简化环评审批并不等同于弱化环评制度；在环境影响评价与排污许可的衔接构造上，应当遵循的思路:在宏观上，以效益最大化统领全局；在具体操作上，秉持“在简化环境影响评价的大环境中，寻找强化的契机；以排污许可为核心的进程中，夯实衔接的构造”的理念。