明清两代的公罪与私罪制度

中国古代将官吏犯罪区分为公罪和私罪,其目的是为了维护吏治的清明。明清两代的律、例、令、会典等条文中就有对公罪和私罪的相应规定。本文从明清两代的公罪与私罪的基本概念、具体规定、实际运行和影响因素四个方面对这一制度进行深入分析,以期对之有更加全面的认识。     

串通投标罪客观要件探析

针对司法实践中理解、适用串通投标罪存在的歧义,探析该罪的客观要件内容,认为该罪的成立应以存在法律意义上的招投标活动为前提,并对该罪的具体行为方式、罪与非罪的标准以及实践认定中的有关问题进行探讨。     

科研团队信任对团队创新绩效的影响研究

构建以知识共享和团队创新氛围为中介变量的科研团队信任对团队创新绩效影响的概念模型,以89个科研团队中的545名科研人员为研究样本,利用多层线性回归方法对相关假设进行检验。研究发现：科研团队信任能够显著影响团队整体的创新绩效,且知识共享和团队创新氛围在科研团队信任与团队创新绩效间起中介作用。这表明科研团队管理者应当积极关注团队内部科研人员之间的人际互动因素,重视营造和谐、信任的团队创新氛围,实现团队的知识共享,进而促进整个科研团队的创新绩效不断提升。     

侵犯著作权行为的刑事法分析

侵犯著作权的行为在我国近年有愈演愈烈的趋势,并且产生了一些新的侵权行为。相形之下,现行刑法中的相关规定在打击侵犯著作权行为的实践中渐显滞后。综观我国侵犯著作权立法的历史沿革和现行刑法中有关侵犯著作权罪的犯罪构成,结合司法实践,要从扩展刑法对著作权的保护范围,取消犯罪主观案件中的非法营利目的,侧重于对被害人的实质补偿,修改罚金刑、增强其可操作性,确立对侵犯著作权犯罪以自诉为主、公诉为辅的犯罪追诉模式和充分保护著作权人的权益以及社会公共利益等方面,进一步完善我国侵犯著作权罪的相关规定。     

大学生网络犯罪及对策探析

网络犯罪在大学生中出现,为所有高校思想政治教育工作者敲响了警钟。深入了解大学生网络犯罪的现状,剖析其发生和发展的动因,从而在预防大学生网络犯罪上做文章,是我们每一位高校思想政治教育工作者的责任。     

Global Climate Emergency: after COP24, climate science,urgency, and the threat to humanity

ABSTRACT

This Special Editorial on the Climate Emergency makes the case that although we are living in the time of Global Climate Emergency we are not yet acting as if we are in an imminent crisis. The authors review key aspects of the institutional response and climate science over the past several decades and the role of the economic system in perpetuating inertia on reduction of greenhouse gas emissions. Humanity is now the primary influence on the planet, and events in and around COP24 are the latest reminder that we live in a pathological system. A political economy has rendered the UNFCCC process as yet a successful failure. Fundamental change is urgently required. The conclusions contain recommendations and a call to action now.     

Scrambled systems: the (im)mobilities of ‘storm Desmond’

This article examines a 3-day blackout, triggered by a ‘1-in-100-year’ rainfall event. Storms and floods account for almost three-quarters of weather-related disasters, and are typically accompanied by cascading infrastructure failures, which pattern and amplify their effects in highly significant ways. Such disruptions reveal aspects of everyday life that ordinarily remain obscure, including capacities for resilience embodied in people, cities and infrastructure. The article proposes that disruption events be understood in terms of ‘scrambles’, as they involve abrupt demobilisation and remobilisation of a range of people and materials. The article firstly examines the astonishing capacity for failure latent in ‘pervasively powered’ arrangements, as well as the many ways in which people and things were ‘scrambled’ in response. The article then proceeds to explore the ways in which vulnerabilities result in part from mobilisation in response to previous disruption events, before examining the ‘circuits’ that link far-flung places in mobile disaster geographies, global patterns of electricity dependence, the rise of data overload in the ‘cloud’ to carbon overload in the atmosphere. The article concludes by presenting further evidence in support of the thesis that disruptions and disasters are part of a ‘new normal’, and what this means for prevailing sociotechnical arrangements reliant on ‘sunk’ infrastructure.     

Sexual Orientation in State Hate Crime Laws: Exploring Social Construction and Criminal Law

Several studies have described and analyzed the development and diffusion of hate crime laws in the United States, but none specifically examined state-level differences in protected categories. Forty-five of the 50 states have a hate crime statute, but only 30 of those include sexual orientation. In this study the social construction framework is applied to the hate crime policy domain in order to determine whether or not variations in the social and political status of gays and lesbians are associated with the inclusion of sexual orientation in state hate crime laws. Content analysis of daily newspapers in six states revealed that a positive social construction is associated with groups seeking hate crime law protections, and that political influence may also be a key factor.     

Falling into the existential abyss: Ivan Franko’s realist prose in experiments with Gothic and crime fiction modes

This article examines three novels by Ukrainian realist Ivan Franko (1856–1916): Dlia domashn'oho ohnyshcha (For the Home Hearth, 1892), Osnovy suspil'nosti (Pillars of Society, 1894), and Perekhresni stezhky (Fateful Crossroads, 1900). Previous scholars saw elements of crime fiction in these works, but the actual relationship between the two genres of crime fiction and realism has not been fully developed. By studying the conventions of crime fiction, along with its antecedent, the Gothic, and their influence on Franko, the author shows the make-up of the early Ukrainian crime fiction genre and points to its importance in understanding Franko’s vacillation between realist and modernist tendencies. As she argues, the scales of his vacillation are tipped toward modernism in its decadent form, an existential void that characterized fin de siècle Europe. Hence, Franko’s “ideal” or programmatic realism (defined by Franko as a literary style with a didactic tendency aimed at educating society), which he introduced under the appealing cover of crime and Gothic motifs, ultimately failed him. The author proposes that it is the creative modes (Gothic and crime fiction) that Franko chose for voicing his ideas about social reforms that led him, unsuspectingly, away from his programmatic goal and toward the decadent aspects of modernism.     

Initiative in work teams: adaptation and validation of the Personal Initiative at Group Level Scale / Iniciativa en los equipos de trabajo: adaptación y validación de la Escala de Iniciativa Personal a nivel Grupal

In this study, we conceptualize personal initiative as a collective construct and adapt and validate a scale to evaluate it with a sample of 308 Spanish participants belonging to 91 work teams. Personal initiative at group level is a behavioural syndrome in which the team shows an approach to work that is self-initiated, proactive, persistent, capable of modifying the atmosphere and pro organization. As a predictive variable, we analysed the climate for initiative as well as personal initiative at group level. The resulting variables that were analysed referred to organization and team performance, with the team productivity and innovation as the criteria, analysing radical innovation. The scale has suitable psychometric properties. The results show that there is a relationship between the two predictive variables. Furthermore, personal initiative at group level is related to team productivity, while the climate for initiative is related to innovation.