中国政治安全面临的主要威胁及对策——以综合安全观为视角

从综合安全观的视角观察中国政治安全，其面临的主要威胁表现在五个方面：刚性稳定具有极大的社会风险；全球化对国家主权的消弱；中国社会主义制度面临的威胁；国土安全是中国政治安全的要害；三股极端势力对中国政治安全的威胁。维护中国政治安全的对策主要有：重构国家安全体制是政治安全的体制保障；维护国家政治安全的根本在于增强综合国力；维护政治安全，要练好内功；实施正确的国际战略，创造一个良好的、安全的国际环境。     

论英美刑法中的胁迫

胁迫在英美刑法中是合法辩护事由的一种。胁迫成立条件包括真实性、对象、程度、现实性以及不可以免罪的罪行等方面的要求;胁迫可以免罪的理论依据包括功利主义的要求、人性的需要以及对刑法的谦抑性和个别正义的追求。     

重构欺诈制度:一个实用主义的分析

纵观欺诈的制度史,经过基督教的道德化改造,对欺诈的规范更强调其主观意图,最终呈现为总则中的欺诈规范,针对法律行为(合同)的效力。这一进路未能看到欺诈制度背后作为加速机制的国家权力。国家和市场在打击欺诈时,可以是同路人,但也可能存在紧张关系。尽管传统民法将欺诈行为与胁迫行为并列加以规范,但就行为模式来看,二者差异明显,欺诈制度与胁迫制度的现代决裂势在必行。欺诈应摆脱合同与侵权的人为区隔,进而充当一种法律救济的触发装置:一方面,应当借鉴刑法上受害人教条学的观念,骗局过于明显且有悖俗内容,而受害人自己却积极参与,不应获得补偿(但不排除引发对加害人的公法制裁);另一方面,在当事人信赖受到影响时,应具体化、个案化和客观化地考察当事人的具体状况从而提出解决方案。欺诈应当重返罗马法的模式:对欺诈的规范优先由特别法进行。     

Does Controlling Behavior Predict Physical Aggression and Violence to Partners?

Using data obtained from women’s shelter residents, male and female students, and male prisoners, this study investigated the association between non-violent controlling behaviors, physical aggression, and violence towards a spouse (N = 264). It was predicted that only men and women involved in intimate terrorism (Johnson, Violence Against Women, 11(12):1003–1018, 2006) would use controlling aggression, and that physical aggression used by those involved in situational couple violence would be unrelated to controlling behavior. Contrary to predictions derived from Johnson’s theory, regression analysis showed that control accounted significant proportions of the variance in the use of physical aggression for all three relationship categories. Some support was provided, however, as it was found that the pattern of both interrelationships of the five types of controlling behaviors, and control and physical aggression, supported Johnson’s distinction.     

《行政强制法》的基本原则和行政强制设定权研究

《行政强制法》设计和体现的行政强制基本原则共有六项：平衡原则、比例原则、行政强制法定原则、教育与强制相结合原则、正当法律程序原则、救济原则。这些基本原则既指导该法整体法律制度的设计和具体法律规则的制定,也将在该法正式施行后指导执法者对该法所确立的规范和制度的实施。《行政强制法》遵循平衡原则、比例原则和行政强制法定原则的要求,对法律、行政法规和地方性法规的行政强制设定权进行了科学的配置,此种科学配置有利于最大限度保障行政强制法立法目的的有效实现。     

Do Sanctions Always Stigmatize? The Effects of Economic Sanctions on Foreign Aid

A prevalent view among both scholars and policymakers is that economic sanctions stigmatize and isolate their targets. According to this perspective, the stigma associated with economic sanctions should signal to foreign aid donors that they should be more cautious and restrained in providing assistance to sanctioned states. We test this signaling-based theory via a large-n analysis of the impact that sanctions imposed by the United States and those supported by the United Nations (UN) had on the aid flows of 133 recipient states from 1960–2000. Contrary to expectations, our results indicate that being subject to sanctions supported by the UN does not have a negative effect on target states’ aid flows, and being sanctioned by the United States actually has a positive effect on them. We explore two potential explanations for our puzzling findings based upon donor self-interest and donor altruism via a scoping analysis of eight sanctions cases in which target states received greater than expected aid flows. Our findings suggest that theories based upon donor self-interest represent the most promising explanation for why individual donors may increase their aid to sanctioned states.     

Police interviews with suspected child sex offenders: does use of empathy and question type influence the amount of investigation relevant information obtained?

The use of the criminal justice system to force offenders to receive psychological treatment is one of the most controversial aspects of service provision for offenders. Coerced treatment needs to be distinguished from pressured treatment, both having objective and subjective dimensions. In this paper some arguments for and against coerced offender rehabilitation are discussed. We suggest that coercing offenders into attending rehabilitation programmes (or placing legal pressure on them to attend) is unlikely by itself to lead to poorer outcomes. Rather, the individual's perception of coercion will be more influential in determining how an offender approaches treatment. Even when offenders perceive they are being coerced, it is likely that pre-treatment anti-therapeutic attitudes can change over the course of a programme, such that therapeutic gains (risk reduction) can occur. Coercion and its effects on treatment engagement and rehabilitation outcomes require further empirical research and conceptual analysis.     

论行政强制执行的裁执分离模式

2011年6月30日《中华人民共和国行政强制法》正式通过,该法对"申请人民法院强制执行"的行政强制执行方式作了规定,但是,在法院裁定执行之后,行政强制执行具体如何实施其并未阐明,而是为一种新型执行模式的建立留下空间,这种新模式即是司法裁判、行政执行的裁执分离模式。通过研究世界范围内行政强制执行的模式,以及我国行政强制执行模式的发展,对行政强制执行的裁执分离模式进行探讨。     

Coercion and patient satisfaction on psychiatric acute wards

Legal-, perceived- and objective coercion were examined both separately and together as a measure of accumulated coercion, to determine how coercion affected patient satisfaction in patients admitted for acute psychiatric care. Accumulated coercive events significantly reduced both overall satisfaction, and satisfaction in four of five subscales evaluating different aspects of treatment. Neither legal status nor perceived coercion affected patient satisfaction, while objective coercion had a significant negative effect on overall satisfaction when these measures were analysed separately. Overall patient satisfaction reported at discharge was low, while satisfaction with different aspects of treatment showed considerable variation. The observation that perceived coercion in the admission process did not affect satisfaction significantly underlines the need to further explore the interaction between subjective and objective measures for coercion. It appears that multiple measures for coercion should be used in future studies.     

Compulsory mental health care in Norway: The treatment criterion

The Norwegian government has chosen to retain a treatment criterion in the Mental Health Care Act despite the opposition of several user organizations. From a critical user perspective, the only reason for using coercion to require mental health treatment is that the individuals are in a state where they are an immediate danger to themselves and/or their surroundings. This articles aims, first, to provide an overview of research studies concerning the benefits or harmfulness of involuntary treatment after coerced admission and, second, to evaluate studies that try to compare involuntary with voluntary treatment. A systematic overview of studies of compulsory mental health care with regard to treatment criteria, coercion in mental health, and involuntary admission published over the last decade was examined in detail, along with a secondary manual search of references cited in identified publications. Few studies have been conducted on the effect of compulsory mental health care, and the results have been contradictory. More randomized studies are needed to document the kinds of effects that the use of compulsory treatment has on treatment results. Another issue that needs further examination is whether the use of coercion should be transferred to legal bodies with an adjudicatory process.