JAPANESE AND AMERICAN ATTITUDES TOWARD THE ABOLITION OF CAPITAL PUNISHMENT

Japanese and Americans are compared in terms of the extent each sample believes that capital punishment should be abolished, Blacks and white American females are more likely to approve of the abolition of capital punishment. No differences by sex were found in the Japanese sample. For both countries, those who are younger and more educated hold less punitive attitudes The Japanese as a whole are less likely than Americans to approve of the abolition of capital punishment. Problems found in cross-cultural secondary analysis are discussed.     

THE EVOLUTION OF THE CIVIL PROCEDURE SYSTEM OF CHINA

This article reviews the initiation, stagnation, recovery and reformation of the Civil Procedure Law of China, and places an emphasis on the evolution of the Civil Procedure Law under the background of judicial reformation. This article observes the amendment of the Civil Procedure Law, the adjustment of the rules of civil procedure, the establishment of the basic principles of the Civil Procedure Law, the trend of the Civil Procedure Law that is based on the research of major litigation systems and the perfection of legislation.     

论我国民事审判方式改革的深化

本文通过对我国民事审判方式存在的问题及其原因的分析,阐述深化我国民事审判方式改革的方向和对策.     

GENDER AND SOUTHERN PUNISHMENT AFTER THE CIVIL WAR*

Recent scholarship raises two questions about the historical relationship between gender and official responses to criminality. First, to what extent has the formal social control of women changed in the past two centuries? Second, to what extent can changes in the presence of women within the criminal justice system be traced to the same factors that account for the changing presence of men? To address these questions, I focus on women incarcerated for felonies in a southern state (Georgia) between 1870 and 1940. Along with a comparable sample of male offenders, this population forms the basis of a time-series analysis that compares, and seeks to account for, trends in admission rates. The analysis yields little evidence that women disappeared from formal system of punishment. Instead, there were gender similarities in punishment trends and in explanations for those trends. Concluding the paper is a discussion of its implications for further research on gender differences in punishment.     

THE FEDERAL RULES OF CIVIL PROCEDURE: A Policy Evaluation

The success rate of the Federal Rules of Civil Procedure is evaluated in the light of 42 years of experience under them and of alternative modes of adjucating civil disputes. The intentions of the rules' framers are explored as are hypotheses as to why they have been only partially successful. On the basis of this analysis, the author argues that adversary presentation and prosecution must be modified in the direction of a system of direct inquiry by the court and of active judicial management of disputes to settlement or trial.     

刑事犯罪与民事不法的分界 以美国法处理藐视法庭行为为范例的分析

<正>一、问题的提出藐视罪(contempt)是一个很古老的犯罪,源于古代习惯法,作为对蔑视国王或其政府的一种报复。在美国,藐视罪有两种情况:藐视立法机关和藐视法庭。所谓藐视法庭(contempt of court),就是将一切影响法官审判或执行判决的干扰行为(包括在诉讼程序进行中而实施的干扰