论法学本科专业《商法学》课程考试改革——以法商结合人才培养为视角

21世纪是法商结合的时代，商业行为离不开法律的应用和规范，法律也寸步不离地在影响着商业行为。基于现代社会对人才的这种需求，高等院校所培养的法律人才必须是法商结合的人才。为实现“法律为市场经济服务，法律人为市场经济建设服务”的法学专业人才培养目标．以社会需求为导向，法学本科专业《商法学》课程必然要进行教学改革，关注学生综合性素质的提高，强化过程性质量评价，充分发挥考试的多方面功能，以考试改革引领教学改革，将考试改革的研究贯穿于整个教学改革研究中，探索考试改革对于教学改革的推动和促进作用。     

The clash between legal and business logic: business groups in the new Israeli corporate law

Planned institutional change presents an uncommon opportunity for institutional entrepreneurs to advance their innovations. The dispute of why the new Israeli corporate law, enacted at the end of 1990s, does not refer to business groups, which form a salient part of Israeli big business, opens a window through which the conflict between two different and competing types of logic may be viewed. The carriers of legal-professional logic were legal academics and state officials, who opposed the inclusion of a special chapter or any other reference to business groups within the new corporate law based on US legal ideas, and especially on the ‘Law and Economics’ perspective. In contrast, the carriers of business logic were interest groups and professional associations that sought to appropriate the legal and economic advantages resulting from organizing business in the form of business groups within the new law, without protecting the rights of minority shareholders and, more importantly, without enabling state agencies to intervene in the governance of their businesses.     

MEMORY AND ECHO

Much contemporary writing about law treats popular culture as a creature of modern technology and the phenomenon of mass media. This misunderstands both its continuity with traditional forms, and the precise differences that modern technology creates. Popular cultural representations of law and justice appeal to a longstanding tradition evident in familiar archetypes of cowboys and superheroes. Indeed, such a tradition reaches back to much older Christological models of justice and subjectivity, which modernism has deflected but never destroyed. On the other hand, hi-tech media embeds those traditions in technology's language of passivity and its strange but insistent erasure of the past. Under conditions of the contemporary world, popular culture appears not as the memory of past thinking about law, but as an echo. The irony is that while popular culture's presentations of law appeal to a substantive tradition, their formal hyper-modernity not only negates that past but undermines the pluralist and discursive openness which are its well-spring. In a world shorn of faith in the traditional structures sustaining the ‘moral economy’ and a moral legality, the appeal to simply trust in an inarticulable justice opens the prospect not of salvation but of legal tyranny.     

The Position of the Customs Law in the Legal System

The article considers the position of customs law in the legal system. It starts with changes concerning the phenomenon known as customs policy. The customs policy of the European Union is a foundation of the Union and an essential element in the functioning of the single market. All these changes have to be regulated by law; one of the branches is financial law. It represents a system of legal rules regulating the social and economic relationships that emerge in the process of generating, distributing, and using the centralised and decentralised monetary funds (financial resources) in the environment of the state and of self-governing administrative units, in the interest of providing for financial coverage of the fulfilment of their respective functions. The Slovak legal system and its individual branches including financial law can be characterised on the basis of certain principles. These represent basic goals, rules, and requirements expressing the substance and main focus of a particular branch of law. These principles are described. The second part of the article concerns the position of customs law, which here represents a system of legal rules regulating the social and economic relationships emerging in the process of movement of goods over the customs border. Customs law has its own development and is given a new dimension and dynamics by the common European area in the form of the European Union. The article concludes with the position of customs law, defining it as a subsection of financial law.     

Rule of law: Sharia panic and the US Constitution in the House of Representatives

In spring of 2011, Peter King (R-NY) convened a hearing titled ‘The Extent of Radicalization among American Muslims’ in the US House of Representatives. Democratic participants critiqued the hearings and contextualized the proceedings within the long history of institutionalized racism in the USA. They argued that the hearings were a threat to the Constitution itself, a violation of the Fourteenth Amendment's equal protection clause and the First Amendment's guarantee of freedom of religion. Republican participants shared concerns about threats to the Constitution but suggested that the hearings were part of a strategy to combat this threat. Numerous Republican participants identified forms of Islamic law, or sharia law, as the primary threat to the integrity of the rule of law (ROL). Despite opposing positions, all actors agreed that the ‘ROL’ is that which will save the nation from threats posed from both outside and inside the nation and, as such, it is the ROL itself that must be protected. In this sense, the ‘ROL’ ensured by the Constitution inadvertently became the primary object of the hearings. In this essay, we bring analytical approaches from performance studies and anthropology to argue that the hearings impel a re-examination of the concept of ‘ROL’ itself. Rather than simply addressing the legislative effects of the hearings, we are interested in what they reveal about the performative and cultural dimensions of the law and the lawmaking process. While critics of the hearings derisively referred to them as ‘political theater’, we suggest that it is the nature of the King Hearings as staged public spectacle that imbue them with a politically performative power. We also identify the specific effects of sharia panic in contemporary US American political and legal discourse.     

Countertransference and Zebras: Forensic Obfuscation

ABSTRACT

Responding to Daniel Pickar's article entitled “Counter-transference Bias in the Child Custody Evaluator” (this issue), the authors opine that attaching new labels to familiar dynamics fails to contribute to an understanding of interpersonal dynamics with which all participants in the custody evaluation process are already familiar. The position is advanced that, in examining the reports and testimony of evaluators, biases are only relevant when they are manifested in identifiable behavior. Such behaviors include the application by the evaluator of different standards in examining and commenting on the actions of the two parents; the use of insulting terminology in describing the non-favored parent; the use of glowing terminology in describing the favored parent; assignment of minimal importance to possible parenting deficiencies in the favored parent; the assignment of much importance to reported flaws in the non-favored parent; an apparent unquestioning acceptance of the favored parent's perspective; and an apparent rejection of the non-favored parent's perspective.     

从国际法看巴勒斯坦建国

巴勒斯坦建国问题是巴以冲突中悬而未决的棘手问题，在当前巴以和平进程受挫情况下，它渐渐成为巴以和谈的重要议题，且有可能成为和谈的突破口．本文从国际法角度，结合历史，分析了巴建国问题在法理上具备了哪些条件，缺哪些条件，据此对巴建国前景作个预测．     

Hidden contradictions and conditionality: conceptualisations of inclusive education in international human rights law

The nature of education that children with disabilities should receive has been subject to much debate. This article critically assesses the ways in which the international human rights framework has conceptualised ‘inclusive education’. It argues that the right to education for children with disabilities in international law is constitutive of hidden contradictions and conditionality. This is most evident with respect to conceptualisations of ‘inclusion’ and ‘support’, and their respective emphases upon the extent of individual impairment or ‘deficit’ rather than upon the extent of institutional or structural deficit. It is vital that the new Committee on the Rights of Persons with Disabilities pays close attention to the utilisation of these concepts lest the Convention on the Rights of Persons with Disabilities further legitimises the ‘special needs’ educational discourse to which children with disabilities have been subject.     

It Ought to Be a Crime: Criminalizing Human Rights Violations

In this article we propose that distinctions between human rights violations and violations of humanitarian law are substantively groundless. Human beings are entitled to live their lives with dignity and security, entitled to their freedoms. There remain, however, practical problems: human rights law and humanitarian law are distinct traditions with their own separate venues for judicatory review. They are also different in the popular imagination. We suggest ways that these distinctions can be dissolved.     

论中国保障信息安全的法治路径

法治化是维护国家信息安全的重要措施。为提高中国信息安全的法治保障能力,应尽快制定《中华人民共和国保障信息安全法》,健全国家信息法制建设的框架基础;制定《未成年人信息安全保护法》、《网络游戏管理法》,保障未成年人身心健康成长权益不受侵害;重视提高法律对公民隐私通讯数据保护的能力;健全国家信息安全领域的法律制度与司法机制,强化政府建设与管理信息化的法律责任;严厉打击危害国家信息安全的犯罪行为,构建统筹规范信息网络的高效运营体制;推进信息技术自主创新和系统可控的安全运行模式,依法推进和规范信息网络实名制,严厉打击黑客行为,积极开展保障国家信息安全的国际合作。     

The Ossification of American Labor Law and the Decline of Self-governance in the Workplace

This article argues that the ineffectuality of American labor law and the shrinking scope of collective representation and collective bargaining are partly traceable to the law’s “ossification”—to its having been essentially sealed off for several decades from democratic revision and renewal and from local experimentation and innovation. The elements of this process of ossification, once assembled, make up an imposing set of barriers to innovation. The basic law has been cut off from legislative revision at the national level by Congress; from “market”-driven competition by employers; from the entrepreneurial and creative energies of private litigation; from variation at the state or local level by representative or judicial bodies; from changing constitutional doctrine; and from emerging transnational legal norms. Moreover, the National Labor Relations Board—the designated institutional vehicle for adjusting the labor laws to modern conditions—is increasingly hemmed in by the age of the text and the large body of judicial interpretations that has grown up over the years. The resulting statutory scheme is drastically out of date and out of sync with the needs of 21st century workers and labor markets.

Introduction: Transnational futures of international labour law

This Special Issue on transnational labour law is placed in the context of the ILO centenary and the challenge of achieving the objective of decent work in a new century, under distinct transnational pressures. The author argues that international labour law, as the normative core of transnational labour law, can play a crucial role – in conjunction with a wide range of actors and the ILO in its standard-setting and convenor capacities – in addressing this challenge and in reshaping the transnational legal architecture.     

中国残疾人事业法治建设三十年之回眸与前瞻

《残疾人保障法》实施30年来,中国残疾人事业法治体系和权利保障机制不断发展完善,促成了残疾人平等享有全面小康生活,也为世界人权话语丰富了“人类命运共同体”内涵,拓展了基于人权的发展路径。在全面建设社会主义现代化新时期,要进一步完善残疾人权利保障的法治体系,需要坚持融合发展原则,注重社会治理和社群赋能策略,在法律能力、无障碍、教育就业和司法保护等领域进行制度革新。     

《中华人民共和国残疾人保障法》实施三十年:回顾与展望

《中华人民共和国残疾人保障法》(以下简称《残疾人保障法》)实施三十年来,为促进残疾人事业发展和维护残疾人权益发挥了至关重要的作用.本文简要回顾了《残疾人保障法》起草和修改时的背景情况、主要争议和创新内容以及法律通过后产生的深远影响,从全国人大常委会执法检查和司法机关法律适用角度分析了《残疾人保障法》的贯彻实施情况,提出了全面依法治国背景下促进《残疾人保障法》进一步完善和实施的具体建议,期冀能够对我国残疾人事业法治建设有所裨益.     

‘Social control of the self’ and pleading guilty in criminal court

In Donald Black's 1994 work The Social Structure of Right and Wrong, he introduces the intriguing concept of the self-application of social control. According to Black, the ‘social control of the self’ follows the same principles of the behavior of law. Conceptualizing a guilty plea as a self-application of social control, this study of 717 homicide cases processed in an urban American court represents the first empirical test of this theory. Support for Black's theoretical perspective was mixed, with only the predictions regarding the effects of social morphology on the self-application of social control finding support. Defendants who were less socially integrated than their victims were significantly more likely to plead guilty when compared to other case configurations. When relational distance between parties was low, the case was significantly less likely to be resolved with the self-application of social control in the form of a guilty plea. The importance of Black's perspective for elucidating the theoretical linkages between social structure and individual behavior is considered.