我国的法律部门体系与经济法

现代法律体系的宏观结构由公法、私法和社会法三大要素构成。我国现行法律部门体系还有许多不足 ,必须在宪法基础上进一步完善民商法、行政法 ,特别是要突出经济法的地位。     

老年人照顾体系的建立及其法律完善

人口老龄化是一种全球性发展趋势,中国也不例外。我国必须在构建老年社会养老保障体系的同时构建老年照顾体系。本文分析了我国老年人照顾需求的现状和老年照顾问题在家庭养老和社会养老方面的严峻性。根据实际情况,探索并构建适合我国国情的老年照顾体系。同时,对立法中需要确立的指导思想、资金来源、照顾主体、具体照顾服务制度以及相关法律责任等提出建议,为老年人照顾的长期顺利实施提供法律依据。     

本体论意义上的法律解释理论

随着20世纪哲学解释学等思想的渗透和影响,传统的方法论意义上的法律解释理论逐渐被本体论意义上的法律解释理论所超越,从而在"解释学转向"的基础上实现"本体回归","解释"遂上升为法概念论的本体。我们需要从知识论上对本体论意义上的法律解释理论进行反思。     

中外合作办学主体法律地位研究

文章首先阐述中外合作办学是一种法律行为,必然会在主体间产生一定的法律关系。由于中外合作办学主体法律地位的不同,决定了不同主体的权利义务的不同。针对中外合作办学实践中出现的主体地位不清、权利义务混淆及越权行为等问题,从法律的角度深入分析并界定了中外合作办学主体的种类及划分标准、不同主体各自的法律特征、权利与义务、职权与职责,以及不同主体之间的相互关系。     

WORKLESS PEOPLE AND SURVEILLANT MASHUPS Social policy and data sharing in the UK

This paper examines the use of ICT driven surveillant assemblages in UK welfare policy by drawing on the results of empirical research conducted for the Department for Work and Pensions (DWP). The focus is on one aspect of the growing role of surveillance in social policy: data aggregation on populations characterized by sustained worklessness. The implementation and implications of this form of surveillance are examined. The paper explores surveillance systems that were extant in 2005/06 and those that were being designed. The paper argues that there is an ongoing need for critical evaluation of the underlying logic of data mashing on marginalized populations.     

淮南抗日根据地的法制建设

本文主要叙述了在抗日战争时期,淮南抗日根据地法制建设的原因,并且从立法、执法两个方面阐述了淮南抗日根据地法制建设的内容,总结了法制建设的特点以及它在当时所起到的作用。     

Tracking (Im)mobilities at Sea: Ships,Boats and Surveillance Strategies

Abstract

This paper explores how national governments exercise regulatory power over spaces beyond their jurisdiction, when activities in those extra-territorial spaces have direct impacts within the boundaries of state concerned. Focusing explicitly on the control of shipping mobilities in the high seas and territorial sea zones, it is contended that apparatus of control, in particular, surveillance, are not only complex across spaces of alternate legal composition and between spaces of national and international law, but also across of the differing conditions and materialities of land, air and sea. Indeed, this paper argues that the immobilisation of the undesirable mobilities of ships and boats is inherently difficult at sea because of its very nature – its mobile legal boundaries, its liquidity compared to ‘landed’ fixity, and its scale and depth. Drawing on the case study of offshore radio pirates and the tender vessels which travelled ship to shore to supply them with necessary goods, it is reasoned that greater attention must be paid to mobilities at sea in view of forms of governance in this space. The sea is not like the land, or air, legally or materially, and mobilities cannot be governed, controlled and contained in the same ways therefore, as these connected spaces. Thinking seriously about the issues that arise when surveillance of mobilities is taken to sea, can help work towards better understandings for why security at sea proves so problematic and how those issues can be resolved, when the sea is the stage for contemporary geopolitical concerns in the twenty-first century.     

浅谈计划生育法制建设

依法管理计划生育工作是国家民主法制建设的重要组成部分。本文论述了计划生育法制建设方面存在的各种问题 ,并提出了加强计划生育法制建设的一些对策     

Information search,coherence effects,and their interplay in legal decision making

Legal judgments require one to make sense of a complex set of typically contradicting pieces of information that can easily be interpreted in a biased manner. This systematic judgment bias can be caused by biased information search (i.e., confirmatory search) as well as biased information processing (i.e., coherence effects) in which the interpretation of information is changed to fit the emerging favored option. In four studies, we investigate the complex interplay between both kinds of influences. Participants completed three legal cases in which they could freely search for information. We manipulated between subjects whether systematic search was possible or not and measured the assessment of each selected piece of information. In line with previous studies, we observe strong coherence effects in each study, in that the evidence interpretation strongly depended on the current tendency towards acquittal or conviction. In contrast to our expectation, however, people searched for information that was contrary to their current belief in the given case (i.e., disconfirmatory information search). We also observed a trend towards an interaction between both factors, in that coherence effects were slightly stronger for neutral and pro-guilty evidence when systematic information search was possible. Our results underline an unconscious striving for coherence when making complex judgments that is not easily corrected.     

LGBT Family Lawyers and Same-Sex Marriage Recognition: How Legal Change Shapes Professional Identity and Practice

ABSTRACT

Lawyers who practice family law for LGBT clients are key players in the tenuous and evolving legal environment surrounding same-sex marriage recognition. Building on prior research on factors shaping the professional identities of lawyers generally, and activist lawyers specifically, I examine how practice within a rapidly changing, patchwork legal environment shapes professional identity for this group of lawyers. I draw on interviews with 21 LGBT family lawyers to analyze how the unique features of LGBT family law shape their professional identities and practice, as well as their predictions about the development of the practice in a post-Obergefell world. Findings reveal that the professional identities and practice of LGBT family lawyers are shaped by uncertainty, characteristics of activist lawyering, community membership, and community service. Individual motivations and institutional forces work to generate a professional identity that is resilient and dynamic, characterized by skepticism and distrust coupled with flexibility and creativity. These features are likely to play a role in the evolution of the LGBT family lawyer professional identity post-marriage equality.