服刑人员分级处遇制度研究

分级处遏制度是行刑个性化和刑罚人道的重要内容，具有激励服刑人员改过自新的重要功能，同时也是监狱调控服刑人员改造行为建立良好监管秩序的重要手段。分级处遏制度本身具有较强的技术性和专业性，需要精巧的立法设计和科学的实施。而受旧有的行刑观念和制度的影响，我国现有的分级处遏制度还比较粗疏和薄弱，激励机制明显不足，对推动服刑人员的矫正工作相当不利。亟待从立法、运作措施和人员专业化等方面进行完善。     

Employment After Prison: A Longitudinal Study of Former Prisoners

Finding sustained employment is an important component of the transition from prison to the community for exiting prisoners. Anecdotal reports from former prisoners indicate that most individuals experience great difficulties finding jobs after their release. However, little systematic information is available about the employment experiences of individuals released from prison or the characteristics of former prisoners who are successful in locating employment. Using a causal framework, this paper examines the employment experiences of a multi-state sample of former prisoners, and identifies the individual factors influencing the likelihood of employment after release from prison, using data gathered from interviews with prisoners before and at multiple times after release. Findings indicate that consistent work experience before incarceration, connection to employers before release, and conventional family relationships improve employment outcomes after release. Individuals who relapse to drug use quickly after release, have chronic physical or mental health problems, and are older or nonwhite are employed fewer months after a period of incarceration.     

A Study of Methadone Maintenance For Male Prisoners: 3-Month Postrelease Outcomes

This study examined benefits of methadone maintenance among prerelease prison inmates. Incarcerated males with preincarceration heroin dependence (n = 197) were randomly assigned to (a) group educational counseling (counseling only); (b) counseling, with opportunity to begin methadone maintenance on release (counseling + transfer); or (c) counseling and methadone maintenance in prison, with opportunity to continue methadone maintenance on release (counseling + methadone). At 90-day follow-up, counseling + methadone participants were significantly more likely than counseling-only and counseling + transfer participants to attend drug treatment (p = .0001) and less likely to be reincarcerated (p = .019). Counseling + methadone and counseling + transfer participants were significantly less likely (all ps < .05) to report heroin use, cocaine use, and criminal involvement than counseling-only participants. Follow-up is needed to determine whether these findings hold over a longer period.     

行政行为效力判断之基准与规则

行政行为效力判断是对意定主义模式下行政行为产生的“相当于法律的效力”是否认可的问题。合法性只是效力判断的一个基准而非全部基准，是进行判断的重要条件而非充分条件。这一点决定了效力判断不可能是一个在合法性与效力之间进行简单比照的过程，而必须综合考虑行为与结果并存的二元化对象基准、主客观对立统一的要素基准以及法、理、情互补的逻辑基准，在此基础上恰当地运用瑕疵衡量、利害衡量、价值衡量等规则进行分析判断。     

监所在押人员的心理障碍研究

监所在押人员的心理障碍是指在被羁押事件的刺激作用下,个体在其认知因素的影响下表现出明显的心理困扰,如抑郁、焦虑、恐惧和愤怒等。而要克服在押人员的心理障碍就要改变其不合理的观念,对羁押事件进行建设性归因,改变其认知失调状态等,从而提高监所在押人员的心理适应性。     

狱政管理研究思路新探

本文对我国狱政管理的研究思路进行了反思,认为只有从多学科的角度拓展对狱政管理的研究,才能摆脱目前我国狱政管理工作的落后状况。     

Identification of Risk Factors for Self‐Injurious Behavior in Male Prisoners*

Abstract: Male prisoners with (n = 132) and without (n = 132) histories of engaging in self‐injurious behavior (SIB) were matched on conviction prefix and custody level. Conditional logistic regression revealed that a combination of risk factors from domains defined by developmental, offense history, mental health, and institutional functioning factors correctly classified 93% of the prisoners in the sample (ROC AUC = 0.89, S.E. = 0.005, p < 0.0001). Model specificity was 92.6% and sensitivity was 95.3%. False positive and false negative rates were 2.3% and 3.4%, respectively. Implications for the assessment of prisoners at risk for SIB as well as suggested future directions for SIB prisoner research are discussed.     

Social Therapy Treatment of Criminal Offenders: A Survey of Pilot Institutions

This article reports on the theory and practice of ten social therapy institutions (sozialtherapeutische Anstalten) for offenders with a high risk of recidivism in the Federal Republic of Germany and West Berlin. On the basis of primarily psychotherapeutic concepts, these institutions have developed different approaches to everyday sociotherapy, largely abandoning traditional therapeutic procedures and involving all the staff in the course of treatment. The results achieved by these institutions are encouraging, but the continuity and further development are being jeopardized because of opposition from criminological and political quarters.     

PPMs标准研究

环境污染很大程度上是在生产过程中产生的,PPMs标准就是对产品的加工和生产过程所制定的特定的环境标准。PPMs标准作为国际环境保护的一个重要措施,同时又成为影响WTO规则下自由贸易的一种壁垒方式,日益成为国际社会关注的重点。本文在对WTO法规内外PPMs标准研究的基础上,提出了对PPMs标准需客观地看待的观点,并对我国应当采取的法律对策提出粗浅建议。     

正当防卫限度的判断标准

正当防卫是各国刑事立法对公民个人所规定的一项重要的私力救济权利,对于保护个人、集体、国家的合法利益有着积极的作用.但该权利由于是公民个人行使,难免会因夹杂个人的感情色彩而运用不当,因此,世界各国在规定正当防卫制度的同时,对其都规定了较为严格的条件.如何正确掌握正当防卫的限度条件,区分正当防卫与防卫过当.这是司法实践中的一个重要问题.关于防卫过当的判断基准,存在主观说、客观说、折衷说等不同观点,由于主观说与客观说各自的不足,折衷说试图将二者统一起来,但折衷说的内容究竟以客观说还是主观说为基础,又存在不同观点.关于这点,应当结合各国的实际情况来认定,从我国的实际情况出发,应采以主观说为基础,兼采客观说的折衷说.     

中国土地征收补偿标准研究 基于地方立法文本的分析

地方立法中的征收补偿条款在一定程度上决定着我国土地征收补偿标准的实际状况。从对地方立法文本中关于征收补偿标准的立法权行使状况和内容构成的统计分析来看，我国征收补偿的立法层级很低，地方立法文本的补偿条款具有高度不确定性，年产值倍数法仍然是占主导地位的补偿模式，补偿倍数总体不高，政策性文件和立法存在冲突。我国今后应当对土地征收统一立法，确立按市场价值公平补偿的原则，构建合理的征收补偿权力制约机制，明确征收补偿标准的计算公式，对集体土地所有权人和用益物权人分别进行补偿。     

Validation of Walkway Tribometers: Establishing a Reference Standard*

Abstract: Tribometers are mechanical devices used to measure walkway coefficient of friction (COF) for the purpose of assessing slip risk. The purpose of this study was to define a tribometer reference standard and use it to assess the performance of various tribometers. Eighty subjects were randomly assigned to walk across one of four wet walkway surfaces (polished black granite, porcelain, vinyl composition tile, and ceramic tile) to establish the relative slipperiness of each surface. Eleven tribometers were subsequently used to measure and rank the COF of all four surfaces. Our results revealed that only four of the 11 tribometers (Wessex pendulum, Sigler pendulum, Mark II, and Mark III) met our compliance criteria by both correctly ranking all four surfaces and differentiating between surfaces of varying degrees of slipperiness. Our protocol demonstrates that human gait‐based measures of slipperiness can be used to create reference standards against which tribometer measurements can be validated.     

A Clinical Study of Competency to Consent to Hospitalization and Treatment in Geriatric Inpatients*

Abstract: This study used a Competency Questionnaire modified for medical surgical patients (CQ‐Med). Twenty‐nine patients (ages 65–94 years) admitted to a geriatric medicine unit were studied. Along with the CQ‐Med, patients were administered several WAIS‐R subtests, the Blessed Dementia Scale (BDS), and Mini Mental State Exam (MMSE). Additionally, a blind forensic evaluation for competency to consent to hospitalization and treatment was performed for the purpose of validation of the CQ‐Med. Results of the study found that, as expected, increased age was correlated with decreasing performance on the CQ‐Med and decreased findings of competence by clinical exam. However, there was great variability within each age group, demonstrating individual differences in the progress of declining competency. CQ‐Med scores also correlated well with the WAIS‐R subtest raw and scaled scores. Scores on the MMSE and BDS were less well correlated. The CQ‐Med may be a useful adjunct in assessing declining competency in geriatric patients.     

Pilot Study of Automated Bullet Signature Identification Based on Topography Measurements and Correlations*†

Abstract: A procedure for automated bullet signature identification is described based on topography measurements using confocal microscopy and correlation calculation. Automated search and retrieval systems are widely used for comparison of firearms evidence. In this study, 48 bullets fired from six different barrel manufacturers are classified into different groups based on the width class characteristic for each land engraved area of the bullets. Then the cross‐correlation function is applied both for automatic selection of the effective correlation area, and for the extraction of a 2D bullet profile signature. Based on the cross‐correlation maximum values, a list of top ranking candidates against a ballistics signature database of bullets fired from the same model firearm is developed. The correlation results show a 9.3% higher accuracy rate compared with a currently used commercial system based on optical reflection. This suggests that correlation results can be improved using the sequence of methods described here.     

Management of Victimized Patients in Greek Primary Care Settings: A Pilot Study

The study explored the perceptions and practices of general practitioners (GPs) regarding the identification and management of victimized patients in primary care settings. A qualitative study was conducted employing three focus groups and a total of 18 GPs drawn from Greek General Practice Networks. Participants discussed issues of identification, assessment, recording, and referral of victimized patients at their clinical setting. Important points raised were the role ambiguity in the management of the victimized patients, the lack of confidence in diagnosing the problem, the discomfort in discussing Intimate Partner Violence (IPV) with their patients, the mistrust in the referral services, and the confidentiality issues affecting their recording practices. This preliminary information is expected to guide large-scale surveys and future interventions.     

Trans-Regional Courts in China: A Study of Establishment Models and Jurisdictional Rules

The trans-administrative regional (trans-regional) court was created as part of China’s judicial reforms in 2014. Thus far, only two trans-regional courts have been established, namely the Shanghai No. 3 and Beijing No. 4 Intermediate People’s Courts. An important reason for this slow pace is that the trans-regional court has transcended the current structural framework under the Organic Law of the People’s Courts in that (1) it is neither a specialized court that hears certain types of cases, (2) nor a local court established completely in keeping with administrative divisions. Therefore, the legal nature and status can only be clarified and justified when there is a clear definition of this new court system in the Organic Law of the People’s Courts. Several models, namely the independent set-up model, full reshuffling model and limited transformation model, have been proposed for the establishment of trans-regional courts. The most practical and efficient among these models is the limited transformation model, aiming to reconstruct the existing railway transportation courts. The trans-regional courts may have exclusive, alienage, or supplemental jurisdiction. Each form addresses particular types of special and major trans-regional cases, and other cases based on the theory of consolidation.     

The Political Styles and Organizational Strategies of American Prosecutors: Examples from Nine Courthouse Communities*

This paper focuses on the relationship between the political styles and organizational strategies of prosecutors in nine medium-sized courthouse communities in the United States. Three political styles are identified and a choice model developed that rests on the prosecutors' satisfaction or dissatisfaction with the status of their offices and on their view regarding the expected value of conflict. In turn these styles lead to different organizational strategies in which bureaucratization and office culture, given the mediating effects of office size and staff loyalty, are used as policy tools to achieve prosecutor goals.