我国亲告罪追诉模式之困境及其重构——以网络诽谤案件的证据收集问题为切入点

网络诽谤犯罪属于《刑法》规定的亲告罪类型,此类案件中被害人的证据收集能力受到较大制约,导致其面临“自诉困境”。对此问题,不论是亲告罪的选择性公诉化,还是公权力适当介入证据收集过程的处理路径均存在不足。《刑法修正案(九)》针对网络侮辱、诽谤犯罪的证据收集问题作出新规定,但是无法扩张适用于所有亲告罪类型。亲告罪的自诉困境凸显出我国对亲告罪确立的单纯自诉制追诉模式存在显著缺陷：不利于对被害人的平等保护,以及混淆告诉权和举证责任。重构亲告罪追诉模式的前提是对刑事法中的“告诉”进行重新解释,使其本质回归为诉讼条件,与证明责任“解绑”。在模式选择上,应确立混合告诉制的追诉模式,被害人提起告诉后,可以自主选择适用自诉程序还是公诉程序。     

Survival and integration: Kachin social networks and refugee management regimes in Kuala Lumpur and Los Angeles

How do refugees establish social networks and mobilise social capital in different contexts throughout a multi-stage migration process? Migrant social network literature explains how migrants accumulate social capital and mobilise resources in and between origin and destination but provides limited answers regarding how these processes unfold during refugee migrations involving protracted stays in intermediate locations and direct interaction with state agents. Drawing from ethnographic fieldwork with Kachin refugees in Kuala Lumpur and Los Angeles, I address these gaps by comparing refugee social networks in two sites of a migration process. Distinguishing between networks of survival and networks of integration, I argue that differences in their form and functions stem from their interactions with local refugee management regimes, which are shaped by broader state regulatory contexts. In both locations, these networks and regimes feed off each other to manage the refugee migration process, with key roles played by hybrid institutions rooted in grassroots adaptation efforts yet linked to formal resettlement mechanisms. Considering the refugee migration process as a whole, I show that Kachin refugees demonstrate their possession of social capital gained during the informal social process of migration to advance through institutionalised political processes of resettlement in each context.     

社交网络、投资者关注与股价同步性

随着以微博、微信为代表的社交网络信息平台在中国的崛起,形成了新媒体时代下信息资讯生成与扩散的完整传播链条,深刻地影响着金融市场参与主体的学习认知习惯、投资决策理念、交易行为模式,最终影响不同金融资产的价格波动规律． 本文在新媒体时代情景下,以社交网络信息披露与传播平台为切入点,基于信息关注度、信赖度、更新频率等三层维度,构建社交网络微博信息质量指标体系,研究社交网络信息质量与股价同步性的内在关联关系． 研究表明: 微博信息质量与股价同步性有着显著的高度负向线性关联性,并且呈现出非线性 U 型关系． 即随着社交网络信息质量水平的提升,股价同步性逐渐降低到达最小值,而后又逐渐提高． 研究结论为证明上市公司社交网络微博平台对股价同步性有较强影响力,提供了中国金融市场的证据．     

Networks for Welfare Provision: Getting a Grip on Processes of Social Exclusion by Evaluating Network Effectiveness

It has been repeatedly stated that the topic of network effectiveness has often been neglected. This has led to a situation of ‘network euphoria’ amongst practitioners and policymakers with regard to the creation of networks as a means to (re‐)organize welfare provision. Starting from a case study of networks for welfare provision in two Belgian cities, this article focuses on the effectiveness of service delivering networks at the client level, which is understood as the contribution of the network in improving the conditions of life of those being served or targeted by the network. Therefore, we focused on the collective efforts via these networks (e.g. by creating a night shelter or by conducting case consultations) to look after a population of homeless people who face multiple problems and are not able yet to benefit from welfare provision. Our findings revealed that these networks were able to realize a ‘collaborative advantage’ by filling in service gaps and by overcoming fragmentation of care. Nevertheless, these networks equally maintained criteria that restricted the accessibility or usefulness of welfare services provided to homeless people. In the concluding section, we highlight some of the factors that could help us to explain our findings and highlight the tension between the effectiveness of networks at the client level and the effectiveness at the organizational level.     

国有控股上市公司股权激励机制研究

我国国有控股上市公司实施经营者股权激励机制有其理论基础与实践效用支持。文章通过对国有控股上市公司实施股权激励的本土环境考察,认为要实现经营者股权激励机制的预期效果,强化国有控股上市公司监督机制,制定科学的经营业绩考核指标和恰当的业绩考核标准,是股权激励机制实施的关键,同时应充分发挥中国特色社会主义优势,采取精神激励等多种辅助激励手段。     

《看得见风景的房间》中的父亲形象研究

由于自身生活经历的影响,福斯特的作品中经常缺乏父亲形象,而福斯特小说中的“父亲”问题也很少受到关注。拉康关于父亲的理论受到广泛关注,这一理论认为,父亲-母亲-孩子的三角结构是组成稳定家庭的关键因素。父亲的缺失会使这一稳定结构遭到破坏,但是,由于父亲缺失遗留下的位置会由他人或他物来填补,父亲的缺失也是象征性的。在福斯特作品《看得见风景的房间》中,父亲的缺失就是象征性的,父亲对女儿的监控作用通过其他人物得到了实现,文本中缺失的仅是父亲的形象,父亲的声音却是贯穿始终的。     

SEMIPARAMETRIC REGRESSION AND GRAPHICAL MODELS

Semiparametric regression models that use spline basis functions with penalization have graphical model representations. This link is more powerful than previously established mixed model representations of semiparametric regression, as a larger class of models can be accommodated. Complications such as missingness and measurement error are more naturally handled within the graphical model architecture. Directed acyclic graphs, also known as Bayesian networks, play a prominent role. Graphical model-based Bayesian 'inference engines', such as bugs and vibes , facilitate fitting and inference. Underlying these are Markov chain Monte Carlo schemes and recent developments in variational approximation theory and methodology.     

Family Formation and Close Social Ties Within Religious Congregations

The study of family and religion has yet to elaborate on the social ties that connect these two important and changing institutions. Specifically, how does family formation (i.e., marriage and childrearing) impact social ties to religious communities? Using longitudinal data from the Portraits of American Life Study (2006–2012) and fixed effects regression models that control for time‐stable heterogeneity (N = 1,314), this study tests the effects of marriage and childrearing on changes in close congregational social ties. Fixed effects estimates suggest that marriage actually decreases close social ties to religious congregations, whereas rearing children within marital unions increases them. Thus, it is children, not marriage per se, that actually integrates married couples into religious communities. These contrasting effects tend to be the strongest among young adults, but they weaken with age as well as marital duration.     

Strength matters: Tie strength as a causal driver of networks’ information benefits

Studies of social networks have often taken the existence of a social tie as a proxy for the transmission of information. However, other studies of social networks in the labor market propose that the likelihood of information transmission might depend on strength of the tie; and that tie strength is a potentially important source of the tie's value. After all, even if job seekers have social ties to those who have valuable job information, the seekers will gain little information benefit when the ties do not actually transmit the information. This paper clarifies the conditions under which social ties might provide information benefits. We use a survey vignette experiment and ask MBA students about their likelihood of relaying job information via strong ties (to friends) or weak ties (to acquaintances), holding constant the structural locations spanned by the tie and job seekers' fit with the job. The results support the claim that strength of tie has a causal effect on the chances of information transmission: potential referrers are more likely to relay job information to their friends than to acquaintances. The larger implication of these findings is that whatever benefits there might be to using weak ties to reach distant non-redundant information during job search, these benefits need to be considered against the likely fact that people connected via weak ties are less likely to actually share information about job opportunities than are people to whom the job seeker is strongly tied.     

Who gets evicted? Assessing individual,neighborhood, and network factors

The prevalence and consequences of eviction have transformed the lived experience of urban poverty in America, yet little is known about why some families avoid eviction while others do not. Applying discrete hazard models to a unique dataset of renters, this study empirically evaluates individual, neighborhood, and social network characteristics that explain disparities in displacement from housing. Family size, job loss, neighborhood crime and eviction rates, and network disadvantage are identified as significant and robust predictors of eviction, net of missed rental payments and other relevant factors. This study advances urban sociology and inequality research and informs policy interventions designed to prevent eviction and stem its consequences.