Partner Assaultive Men and the Stages and Processes of Change

Researchers have recently suggested that the Transtheoretical Model of behavior change (TTM; Prochaska, J. O. DiClemente, C. C., and Norcross, J. C., 1992, Am. Psychol. 47: 1102–1114) might help in understanding the mechanisms through which partner assaultive men attempt to change their abusive behavior. In the present study, we present data from 2 psychometrically sound scales designed to assess the stages and processes of change in a cross-sectional sample of 250 men attending 2 batterer's intervention and prevention programs: the University of Rhode Island Change Assessment Scale for Domestic Violence (URICA-DV; Levesque, D. A., Gelles, R. J., and Velicer, W. F., 2000, Cog. Therapy Res. 24: 175–200), which assesses movement through the stages of change, and the Processes of Change Scale (POC), developed by the authors to assess self-reported usage of behavior change processes. Cross-validated cluster analyses indicated a three-cluster solution based upon URICA-DV scores: Immotive, Unprepared Action, and Preparticipation. Results indicated that individuals in more advanced stages of change reported using more behavior change processes, although this did not appear to result from being in treatment for a longer period of time. These data are interpreted in light of recent data indicating relatively small effect sizes for batterer's treatment programs and how assessment of the stages and processes of change might assist in matching men to different levels of treatment.     

论基于继承的物权变动——兼析物权法第二十九条、第三十一条的理解和适用

基于继承的物权变动属于基于非法律行为之物权变动,基于继承的物权变动不需要公示,在继承的事实条件成就时直接生效。物权的使用和收益以取得对物的占有为前提,法律要保护继承人取得对遗产中物的占有。在公示要件主义的立法模式下,通过合同法律行为处分不动产物权,未经登记不发生物权效力。     

University student beliefs about sexual violence in prison: rape myth acceptance,punitiveness, and empathy

Abstract

The public desires more punitive sentencing for sex offenders; however, treatment has been shown to be most effective in increasing public safety. It has been suggested that public education about the benefits of sex offender treatment could influence public policy. The purpose of this study was to determine if a brief psychoeducational intervention could influence individuals’ attitudes towards the treatment of sex offenders. Overall, findings showed that a psychoeducational intervention can affect subsequent attitudes; furthermore, the nature of the intervention will be significant in determining the level of attitude change.     

政治变革与国家能力——对中国近代宪治探寻的再思考

从现代化的角度看,宪治探寻在近代中国不是自发启动的,而是在原有的政治体系难以容纳、应付外部因素的强烈挑战时不得不作出的一种反应。在此过程中,政治变革与国家能力呈现出鱼和熊掌难以兼得之势。一方面,中国近代宪治探寻所启动的政治变革始终无法在国家有效政治统合能力的帮持下顺利进行。另一方面,政治变革所具有的合法性因素并未给国家能力提供有效帮助,反而对其进一步消解。这种近乎“负和博弈”的现象可以从中国传统社会形态和中国现代化特殊路径得到部分解释。     

我国气候变化立法的缺陷及其对策分析

我国气候变化立法存在着一些较为明显的缺陷,这在一定程度上制约着我国温室气体排放控制战略的实施。目前,气候变化问题已经成为威胁人类生存和发展的一大国际环境问题。温室气体的排放控制战略是《气候变化框架公约》所确立的应对气候变化问题的根本举措。我国应当按照《气候变化框架公约》和《京都议定书》的法律要求,健全和完善气候变化立法以进一步控制温室气体的排放量,从而为全球气候变化问题的应对做出更大的贡献。     

加强行业自律 构建和谐医患关系

近些年来，医患关系紧张，医疗纠纷频发。医院本该是人们抵抗重大疾病灾害、托付生命的地方，却因医患矛盾和纠纷的不断出现，导致医院形象和口碑严重受损，乃至无法正常运转。医患关系是最基本的民生问题，这个问题严重影响了医疗秩序和社会秩序，给医院管理带来很大困难。那么如何构建和谐医患关系？本文通过整形医院管理者们所采取的一系列措施，探讨医院只有转变行业作风，加强行业自律，才是构建和谐医患关系行之有效的办法的理论和实践意义。     

气候贸易措施：GATT 第20 条的限制性和适用的不确定性

《京都议定书》的第一个承诺期即将到期,发达国家出于各种原因可能不断出台或完善应对气候变化的国内措施,气候贸易措施有单边化的趋势。尽管单边的气候措施与贸易自由的冲突会日益明显,但是发达国家很有可能寄望于GATT第20条例外条款寻找缺口。从规则上来讲,GATT第20条为援引例外设定诸多限制条件,发挥社会利益与贸易自由的平衡作用,但是由于措词模糊,第20条的适用更依赖于个案的司法平衡,为适用结果带来诸多不确定性因素。因此,本文结合WTO经典案例,深入分析GATT第20条的限制条件,剖析司法适用中的不确定性因素,提出多边机制应对气候变化问题是现阶段化解各种矛盾的积极选择。     

Global Environment Threats and a Divided Northern Community

The EU, Japan, and the US now share many environmental norms, laws, and institutions and cooperate on international environmental matters through numerous bilateral and multilateral channels. They disagree, however, on how to deal with some of the most serious issues facing the global environment and the quality of human life including wide-scale biodiversity loss, climate change, the use of genetically modified (GM) organisms; the trans-boundary movement of hazardous wastes, and chemical safety. As these are all issues that require the involvement of developing countries if global environmental protection efforts are to be effective, the discord that exists among the Northern states is of tremendous significance. The US has pulled out of the Kyoto Protocol arguing that the treaty is poorly designed and would be detrimental to the US economy. Japan and the EU have had to try to find a way to bring the treaty into force without the participation of the world’s largest emitter of greenhouse gases and to convince participating countries to meet their targets even though this may put them at a competitive disadvantage. In the case of biodiversity loss, although the US initiated international negotiations on biodiversity preservation, it has refused to join the EU and Japan in ratifying the Convention on Biological Diversity. There are also differences between the US, on the one side, and Japan and the EU on the other, regarding the use of GM organisms. This article analyses the reasons for the differences that have emerged among northern states in their international environmental policy positions and what the implications of this northern policy divide are for the effectiveness and legitimacy of international environmental protection efforts.     

印度婚姻制度的嬗变

在人类婚姻制度的发展历程中,印度的婚姻制度的发展是比较独特的,它随着印度社会的变化而演化,先后经历了从古代的种姓婚姻到中世纪的伊斯兰教婚姻,从近代英国统治下的婚姻变革到独立后的婚姻制度现代化,其发展道路坎坷曲折,其转变的过程既反映了印度时代的变迁,也明示着人类社会的进步.     

气候变化的国际法之秩序价值初探

价值理念贯穿于法律运行的整个过程 ,并对法律运行起着相应的指导作用。气候变化的国际立法活动 ,也必然受到相关价值理念的指导。在气候变化问题日益严峻的挑战面前 ,气候变化的国际法应当执著地追求秩序价值。而要真正实现秩序价值 ,就必须及早将气候变化的国际法所向往和追求的秩序价值外化为具体的、有效的应对气候变化问题的措施、手段和行动     

知识产权变动登记效力模式探析——以专利权为例

专利权作为绝对权,在变动过程中关涉不特定多数人利益,因此其在变动中的公示方式及其效力模式的选择至关重要。通过分析,在我国现行法律体系下,专利权变动宜采登记证明主义和登记生效主义,但在应然层面上,或许采登记证明主义和登记对抗主义更为合适。专利权变动登记模式可以适用于整个知识产权。     

The “Science of Science Policy”: reflections on the important questions and the challenges they present

Developing the “Science of Science Policy” will require data collection and analysis related to the processes of innovation and technological change, and the effects of government policy on those processes. There has been much work on these topics in the last three decades, but there remain difficult problems of finding proxies for subtle concepts, endogeneity, distinguishing private and social returns, untangling cumulative effects, measuring the impact of government programs in a true “but for” sense, and sorting out national and global effects. I offer observations on how to think about these issues. This paper was presented as the Keynote Address at the NSF Workshop on Advancing Measures of Innovation: Knowledge Flows, Business Metrics, and Measurement Strategies, Arlington, VA, June 2006.     

辩论主义:溯源与变迁——民事诉讼中当事人与法院作用分担的再思考

强调当事人自我责任的辩论主义是19世纪自由主义思潮在民事诉讼中的反映。辩论主义提供的只是关于民事诉讼基本构造的指导性法理,而不是彻底否定法院职权探知的理由。在辩论主义的百年变迁中,始终伴随着对其内涵的全面限制及法院协助当事人提供事实与证据义务的普遍强化。我国《民事诉讼法》在确立辩论主义原则时,应重视在诉讼资料收集层面当事人与法院的协作,强化法院的实体性诉讼指挥义务并赋予辩论主义新的内涵。     

Mentoring and Change in Cultural Organizations: The Experience of Directors in British National Museums

In management and arts management literature, mentoring is generally associated with social reproduction and emulation, and illustrates a phenomenon that is rather conservative in nature. Rarely is mentoring associated with change. In this article, we explore how mentoring has been a force of renewal for the institutional culture of British museums. This qualitative research brings attention to mentoring as a lever for cultural change through the experience of a new cohort of museum directors—one that has translated a new vision and approach to museums and the public into reality, and has brought forward the Labour government's cultural policy ideals.     

Clans,politics and organized crime in Central Asia

This paper investigates the role of transnational organized crime in the democratisation process in the Central Asian area. It examines the inherent connections that exist between the leading tribal families, political elites and organized crime, and explores how criminal networks have proliferated in society and consequently in politics. The complete absence of a ruling élite and striking economic issues left unsolved were the legacy that Soviet rule would leave to the newly independent Central Asian Republics. After the fall of the former Soviet Union other, more profitable forms of transnational organized crime flourished. According to the official statistics of the UNODC and the American State Department, 92% of the world’s heroin is produced in Afghanistan. Of this, around 65% is smuggled into Europe and America along the Silk Road, and therefore through the five Central Asian Republics and Russia. High levels of corruption in Central Asia heavily affect political and economic life. The economies of the region have progressively become dominated by criminal activity with smuggling, trafficking and other activities linked to transnational organized crime as the major source of income. Central Asia’s strategic location makes this a global security concern.

文学语言的变迁与中国新诗体式的演变

诗歌是一种语言的艺术,它的文学形态除了凭藉语言外别无长物。新诗的语言经历了口语化、诗化和散文化的变迁,新诗的体式也经过了白话体、格律体、自由体的演变。通过探讨新诗体式的演变与诗歌语言的变迁之间的关系,可以发现诗歌语言的诗化与非诗化是导致诗歌体式产生演变的重要原因。     

Enforcing the Climate Regime: Game Theory and the Marrakesh Accords

This article reviews basic insights about compliance and "hard" enforcement that can be derived from various non-cooperative equilibrium concepts, and evaluates the Marrakesh Accords in light of these insights. Five different notions of equilibrium are considered – the Nash equilibrium, the subgame perfect equilibrium, the renegotiation proof equilibrium, the coalition proof equilibrium, and the perfect Bayesian equilibrium. These various types of equilibrium have a number of implications for effective enforcement: (1) Consequences of non-compliance should be more than proportionate. (2) Punishment needs to take place on the Pareto frontier, rather than by reversion to some suboptimal state. (3) An effective enforcement system must be able to curb collective as well as individual incentives to cheat. (4) A fully transparent enforcement regime is not unconditionally a good thing. It is concluded that constructing an effective system for "hard" enforcement of the Kyoto Protocol is a formidable task that has only partially been accomplished by the Marrakesh Accords. In practice, however, the design of the compliance system for the climate regime had to balance a desire to minimize non-compliance against other important goals, including the need for due process.     

The Good and Bad of Social Change: Ambivalence Toward Activist Groups

Inherent to any substantive social change is the disruption of the status quo. To the extent that individuals are motivated to preserve the current social system (e.g., Jost & Banaji, British Journal of Social Psychology, 33, 1–27, 1994), even social change in pursuit of positive goals might evoke ambivalent reactions. Although activist groups might elicit positivity because they are assumed to have positive qualities and they seek positive goals, they might evoke negativity because their actions disrupt the current social system. These experiments examined two different forms of disruption of the status quo. In Experiment 1, a group gaining power elicited greater ambivalence than a group losing power, regardless of the valence of the group’s goal. Importantly, the conditions that evoked ambivalence did not inhibit behavioral support. Experiment 2 found that a new group elicited more ambivalence than an established group when pursuing a positive goal. Consistent with theories emphasizing maintenance of the status quo, these findings demonstrate that attitudes toward activist groups do not derive solely from self-interest.

气候变化生态补偿的路径选择及制度构建

气候变化作为典型的全球环境问题,生态补偿能够而且应该在应对气候变化方面发挥重要作用。尽管气候变化生态补偿在理论基础和制度机理等方面与一般生态补偿都完全相同,但在目的、时空尺度以及主体范围等方面也存在特殊性,并丰富和发展了传统生态补偿的理论与实践。气候变化生态补偿是个复杂的系统工程,需要从补偿的范围、主体、内容、强制程度以及依据等多元路径构建全面的补偿体系并开展相关的制度建设。     

Desistance as a Developmental Process: A Comparison of Static and Dynamic Approaches

New research in the field of developmental criminology has led researchers to reconceptualize desistance as a behavioral process that unfolds over the life course. This approach puts more emphasis on the pathways by which people reach the state of non-offending, and less emphasis on the state of non-offending itself. This reconceptualization has implications for how we measure desistance in longi-tudinal data. In this paper, we suggest that the traditional measurement approach is inconsistent with this view, and we present an alternative measurement approach based on the premises of developmental criminology. Although not perfect, we argue that the dynamic measure better describes the key elements of the process of desistance. Both approaches are implemented using data from the Rochester Youth Development Study, a longitudinal study of youthful offenders. We demon-strate that the two approaches identify different people as desistors. Moreover, we argue that the dynamic definition of desistance has more promise for providing insight into the changes that are the behavioral focus of the desistance process.