德国刑法中的双重罪过立法及其对我国的借鉴意义

德国刑法中的双重罪过立法主要是指罪过由对行为的故意与对结果的过失组合而成的故意犯罪的立法,主要分布在公共危险之犯罪中,共涉及20余个罪名。双重罪过立法严格贯彻了明确性原则、责任主义和刑罚个别化,体现了较为鲜明的法治立场。我国刑法总则把罪过形式的判断根据明确限定为"危害社会的结果",但分则对部分犯罪的罪过形式规定不明确,致使难以解释抽象危险犯的罪过形式,在侵害犯和具体危险犯上难以贯彻责任主义,同时无法消除罪过形式解释上的混乱。从德国刑法中的双重罪过立法来看,在完善我国刑法中的罪过立法时,不仅应当满足判断罪过形式的实际需要,更应当注重贯彻法治对刑法的基本要求,同时还应坚持刑法文本的逻辑性和适度性。     

Self-reported crime rates of women prisoners

This paper presents findings from the first study of female prisoners' self-reports of criminal activity. Using the criminal career paradigm to frame the analysis, self-reported estimates of crime participation and frequency rates were examined for eight felony crimes. Important similarities between women and men were found in overall patterns of crime. Specifically, a small proportion ofboth women and men described committing a large portion of the total crimes reported. These data also suggest that women and men are similar in violent crime participation — a finding that varies from the current literature. Once active in a crime type, women and men committed assault, theft, and forgery at significantly different rates; no gender differences were found in the annualized frequency rates of burglary, robbery, motor vehicle theft, fraud, and drug dealing. However, although statistical differences were not found in the overall frequency of drug dealing, specific patterns of drug dealing reflected considerable gender variation, with a larger proportion of the female sample committing very frequent (daily) drug dealing activity. The findings reflect the value of the criminal career paradigm for the study of gender differences. Future research should include largescale quantitative designs that allow detailed analyses of correlates of the distinct criminal career dimensions.Points of view are those of the author and do not necessarily reflect the official position of the U.S. Department of Justice.This research was funded in part by the National Institute of Justice, Grant 87-IJ-CX-0048.     

Eastern Mediterranean Gas Discoveries: Local and Global Impact

The ongoing discoveries of natural-gas reserves in the eastern Mediterranean region significantly affect international relations. Since their viability has been increasingly confirmed, they have attracted public attention in the international energy market. Focusing on current gas production and trading in the Middle East, this paper studies the anticipated impact of gas production in the sea on geopolitical relations in the Middle East and investigates how these results may change the geoeconomic strategies of global energy-market players as well as nearby countries. In addition, our analyses provide comprehensive insights into the evolution of gas discoveries in the Eastern Mediterranean.     

Research note: career stage and job satisfaction among southern correctional officers

The career stage theory postulates that employees go through different career stages, and each career stage has different effects on various outcomes, such as job satisfaction. There has been empirical support for the career stage theory from other disciplines, but there has been limited research relating to this theory to corrections. To expand the literature, the current study examined whether different career stages were significant predictors of job satisfactions, while including the personal characteristics and the workplace place variables among Texas correctional officers. The results supported the career state theory: job satisfaction was highest during the entry stage (0–2 years), but was lowest during the second career stage (2–5 years). In career stages three (5–15 years) and four (16+ years), job satisfaction rose. Possible interventions that correctional administrators can undertake to encourage job satisfaction from their staff during the second career stage are discussed.     

虚拟财产应纳入夫妻共同财产——兼论网络游戏中虚拟财产的归属

随着网络游戏的普及,网络游戏逐渐成为某些人的一种职业,在夫妻生活中夫（妻）一方或双方玩网游的也不在少数,关于网络游戏中的虚拟财产之争已频繁出现。无形财产在婚姻家庭领域顺应时代潮流被纳入夫妻共同财产已是大势所趋,在离婚时应当由专门的评估机构对网络游戏虚拟财产价值进行评估,将其作为夫妻共同财产进行分割。     

我国上市公司委托书征集立法研究

我国现行有关委托书征集的立法主要是委托授权的内容 ,对于征集行为还没有明确、详细的规范。随着我国上市公司股权结构的日趋多元化 ,委托书征集(包括委托书争夺 )现象将会不断发生。证券监管部门应在考察我国资本市场现状和今后发展趋势的基础上 ,借鉴其他国家相关立法 ,尽快制定有关委托书征集规则。     

Spatial variation of refractive index in a pane of float glass.

In the statistical interpretation of forensic glass evidence it is standard practice to make the assumption of homogeneity of the refractive index (RI) of the source glass, or of localized homogeneity. However, the work of Locke and Hayes showed that, for toughened windscreen glass, this assumption might not be true. This work is well cited, but there appears to have been little follow-on published research. Furthermore, the toughening process is something known to affect the refractive index, and is a process that float glass does not undergo. Float glass is a major component of casework in New Zealand and for that reason it would be interesting to know whether the findings of Locke and Hayes apply when dealing with float glass. In this paper we describe an experiment similar to that of Locke and Hayes, systematically examining the variation of RI in a pane of float window glass. It was found that, although there were no systematic differences in refractive index, there were observable differences across the pane.     

Filing a Nuisance Claim to Induce Successive Lawsuits

In this article, I provide a rationale for nuisance suits. Ishow that a plaintiff may file a nuisance suit if he expectsthat his suit may induce suits by other plaintiffs. If an initialplaintiff is too pessimistic about this possibility, a nuisancesuit may not be filed even though it would be meritorious withjoinder with another plaintiff. In this case, lawyers may playthe role of reducing such coordination failure due to asymmetricinformation by providing potential plaintiffs with relevantinformation.     

面对中国的法学

本文通过对 2 0 0 3年所发生的孙志刚事件和刘涌案的反思 ,指出中国的法律人必须重新在中国的环境中理解法律 ,在中国社会变迁的时空中来理解中国的法律问题 ,要更多用中国人自己的眼光和视角 ,审视包括法律人自身的一切。