徇私枉法罪原案两个问题的探讨

对徇私枉法罪原案的“有罪”理解及其管辖权的归属问题不仅在理论界存在较大争议,而且在司法实践中认定不一,直接影响了本罪的司法适用。本文通过辨析认为,“有罪”应理解为有证据证明的犯罪,而非法定之罪;对于原案的管辖权应视具体情况分别由相应的公安机关、检察机关和审判机关来行使。     

Vulnerability to Friends’ Suicide Influence: The Moderating Effects of Gender and Adolescent Depression

This paper examines whether severity of depression reduces or intensifies the relationship between friends’ suicide attempt and adolescent's own attempt to commit suicide, and whether there are gender differences in this interrelationship. Using logistic regression and data from a nationally representative sample of adolescents studied at 2 points in time, this study yielded significant findings. First, friends’ suicide attempt and adolescent depression each predicts adolescent's own attempt to commit suicide, and these effects are similar for both boys and girls. Second, highly depressed adolescents are less likely than low- or nondepressed adolescents to attempt suicide when their friends attempt suicide, and this relationship is observed mainly among adolescent boys. Finally, for adolescent girls, depression reduces the relationship between friends’ suicidal attempt and adolescent's own attempt but this effect is not statistically significant. These results are discussed in light of their theoretical importance and policy implications.Professor of Sociology at San Diego State University. Has published in the areas of crime/delinquency, drug use/abuse, intergenerational processes, and psychosocial stress. Recent publications have appeared in Western Criminology Review, Social Psychology Quarterly, Sociological Inquiry, Journal of Adolescent Research, and Youth and Society.     

Same-sex Versus Other-sex Best Friendship in Early Adolescence: Longitudinal Predictors of Antisocial Behavior Throughout Adolescence

This study examines the relationship between having other-sex versus same-sex best friends and antisocial behavior throughout early adolescence. Participants (N = 955) were recruited in 6th grade and followed longitudinally through 7th, 8th, and 11th grades. Participants were 58% ethnically diverse youth and 48% girls. Results indicate that the frequency of other-sex best friendship remained stable from 6th to 7th grade but significantly increased from 8th to 11th grade. Higher rates of concurrent antisocial behavior were related to having other-sex best friends in 6th grade but not in 7th grade. In 8th grade, there was an interaction between friendship and the sex of friends. Boys with only same-sex best friends and girls with other-sex best friends endorsed higher rates of antisocial behavior. Having other-sex best friends predicted antisocial behavior from 6th to 7th grade and 8th to 11th grade, especially for girls. Implications for the development of early adolescent friendship and antisocial behavior are discussed.

Not just ‘friends and neighbours’: Canvassing,geographic proximity and voter choice

The impact of local campaigning on voter choice has been studied within the theme of mobilisation. Grassroots effort can attract votes efficiently, but campaign contact is (potentially) endogenous, so results showing positive effects could be flawed. Experimental solutions to this problem are possible, but could also have low external validity. Drawing on the electoral geography literature, this article suggests that endogeneity concerns can be addressed through so‐called ‘friends and neighbours voting’. One source of endogeneity is that that candidates may tend to canvass those living close to their own homes, and those canvassed would be expected in any case to be prone to support local candidates. The problem of endogeneity is reframed and treated as an omitted variable bias. Using unique Irish data on the geographic location of the homes of candidates, as well as data on the location of the voters, the analysis confirms that canvassing has a positive impact on candidate choice independent of the effect of geographic distance. More importantly, these two variables interact. The results point to the relevance of the geographic dimension of electoral politics in driving the endogeneity bias in local campaigning studies.     

How to Ease China’s Holiday Travel Rush

正Dear Readers,Forum is a column that provides a space for varying perspectives on contemporary Chinese society.We invite you to submit personal viewpoints on past and current topics(in either English or Chinese).yanwei@bjreview.com Please provide your name and address along with your comments     

A Very Chinese New Year Celebration

正After living in China’s capital for close to three years,I’d like to think I’ve become fairly familiar with Beijing’s Spring Festival routine.The subways and streets become deserted as millions of out-of-towners leave for home and locals stay in to gather with friends and relatives,eat dumplings and watch the CCTV New Year’s Gala.There are hongbao envelopes and there are firecrackers.     

Yu Hong： Paintings that Show the Passage of Time

"My paintings in the beginning were about self-discovery.My style hasn’t changed that much over the past 15years,but the story has evolved.I’m now more interested in the lives of others around me."     

What Don＇t You Know about Chinese Outings？

正TGIF!Now that the workweek is over,you might be wondering which bar or club to spend a fantastic Friday evening with your Chinese colleagues.Sorry to pop your bubble,but you may be in for a disappointment when the"nice Chinese guys"at work huffi ly decline your invitation.For a newcomer to China it is completely normal to be refused at fi rst.However,if you don’t sit down and ask yourself why Chinese colleagues are declining your invitation,you will probably remain an"outsider"who knows nothing about working with the Chinese.     

浅淡涉税徇私舞弊罪的界定及预防

徇私舞弊罪是渎职罪中的重要种类。目前,税务人员涉税徇私舞弊罪的现象日趋突出,已经对当前税务干部队伍建设和税务机关正常履行税务职能产生了严重影响。因此,能否正确界定和有效预防涉税徇私舞弊罪的发生,对于检察机关正确行使侦查和公诉职能,推进税务机关依法治税,有效实现国家宏观调控职能作用有积极意义。本文针对当前执法、司法活动中存在的问题,主要从犯罪主体、主观方面、犯罪客观方面对涉税徇私舞弊罪的犯罪构成及界定作了理论分析,并结合税收实际对不应认定为徇私舞弊罪的行为进行了初步探讨,提出了预防此类犯罪的对策。     

Foreign and Defence Policy on Australia's Political Agenda, 1962–2012

This paper explores the content of the Australian foreign and defence policy agenda over the past 50 years, finding evidence of both continuity and change. Australian political leaders have generally committed to cooperation with international institutions, wealth creation through engagement with Asian economies in particular, and security through the American alliance. In this period, changes in foreign policy approach either concerned marginal issues or were driven significantly by exogenous factors: by changes in the international environment or by global events that propelled a reconsideration of Australian foreign and defence policy interests. However, periods of policy change and significant public attention in – particular around the Vietnam and Iraq wars – illustrate the continued relevance of political choices and agency. Both conflicts and debates around them ushered in changing foreign and defence policy considerations, and both raised fundamental questions about Australian security and independence in the context of the American alliance.