刑法学研究方法分类研究

探索刑法学研究方法的外延与分类,一方面要摒弃各种方法之间相互指责的偏见,以包容的态度有根据地将各种有助于刑法学科研究的方法吸纳进来,另一方面要理性地排除其他人文科学与自然科学对方法的干扰,划清学科与方法的界限,以刑法学的研究对象为基本标准对研究方法作广义、狭义双层次的分类,使方法各归其位,从而将各种方法从零星的罗列上升为周延的体系,从周延的体系上升为刑法学方法论。     

An Overview of Criminological Research on Violence in Slovenia

This paper presents a survey of Slovene criminological research on violence since Slovenia's independence in 1991. The authors reviewed all research projects conducted at the Institute of Criminology at the Faculty of Law in Ljubljana and the College of Police and Security Studies (now Faculty of Criminal Justice, University of Maribor) and other academic institutions in Slovenia. This paper shows the prevailing studied forms of violence in contemporary Slovenian society and research methods used to reveal the dimensions and the extent of all kinds of violence.     

The correctional staff burnout literature

Correctional staff job burnout is costly to all involved. As such, it has generated a growing body of research. This study reviewed 53 empirical studies of correctional staff burnout and two review articles published between 1981 and 2014. The majority of studies focused on staff working in a variety of institutional positions, fewer studies focused exclusively on the subgroup of correctional officers, and even fewer focused on a different subgroup. The majority of studies also involved staff at US government-run adult prisons. Most but not all studies utilized Maslach’s Burnout Inventory. Research on the antecedents of job burnout among correctional staff is more common than research on the possible consequences or outcomes of job burnout. Interestingly, despite the empirical emphasis on antecedents of burnout, there has been almost no research on effective interventions designed to deal with correctional staff burnout. Based on this narrative review, significant gaps remain in the research on correctional staff burnout.     

FROM BOYER'S SCHOLARSHIP OF TEACHING TO THE AACSB'S INSTRUCTIONAL DEVELOPMENT: IMPLICATIONS FOR FACULTY REWARD SYSTEMS

Finally, the scholarship of teaching, in which research is conducted on effective and appropriate teaching methods, must be emphasized for all scholars. Teaching that is not grounded in the most recent research is not appropriate for a college or university setting.     

Spotlight on research integrity: international insights on strengthening research culture in the forensic sciences and beyond

The Singapore Statement on Research Integrity, articulated during the 2nd World Conference on Research Integrity in 2010, encompasses principles that apply to all research endeavours, including the various disciplines that comprise the field of forensic science Singapore Statement on Research Integrity (2010) (https://wcrif.org/guidance/singapore-statement). Cases of research misconduct and breaches of research integrity in any field undermine the trustworthiness of research and make it difficult if not impossible for others to rely upon and replicate research results. Moreover, problems in the research environment, whether in the academic, public, or private sector, can include bullying and harassment, discrimination, abuse of power and corruption, as well as competitive pressures related to employment and status.     

Staff Quality and Treatment Effectiveness: An Examination of the Relationship between Staff Factors and the Effectiveness of Correctional Programs

Although a growing body of research has focused on identifying the characteristics of effective interventions, relatively little research has looked at the impact that staff factors have on treatment effectiveness. The current research conceptualizes staff quality via three domains: staff characteristics, staff training, and staff supervision. Process and outcome evaluations of 54 community correctional facilities are used to examine the relationship between staff quality and reduced recidivism of program participants. The results suggest that measures of all three domains maintain substantively meaningful relationships with program effectiveness.     

论类型学研究范式在犯罪学中的应用

类型学是一种非常重要的社会学研究范式，是研究复杂社会问题的一种新型分析工具。在犯罪学中应用类型学研究范式其基本步骤有三项，即：确立分类标准，建立“理想类型”；以“理想类型”为参照，将具体犯罪现象予以归类；在诸类型间进行比较，考察类型问的相互关系。在此基础上，运用犯罪类型化三层次理论，即可逐步构建出犯罪类型学研究的基本模型。     

‘A jack of all trades’: the role of PIs in the establishment and management of collaborative networks in scientific knowledge commercialisation

The commercialisation of scientific knowledge has become a primary objective for universities worldwide. Collaborative research projects are viewed as the key to achieving this objective, however, the role of Principal Investigators (PIs) within these complex multi-stakeholder research projects remains under researched. This paper explores how networks in the scientific knowledge collaboration process are initiated and maintained from a multi-stakeholder perspective. It is based on case study evidence from 82 stakeholders in 17 research collaboration projects in Irish and German universities, which provides for a holistic view of the process, as opposed to prior research which has tended to report findings based on the analysis of one or two stakeholders. It finds that PIs play a lead role in establishing and managing stakeholder networks. This finding is unanimous for all stakeholders, irrespective of research centre size, type and geographical location. Not unlike the entrepreneur, the PI has to be ‘a jack of all trades’, taking on the roles of project manager, negotiator, resource acquirer as well as, the traditional academic role of Ph.D. supervision and mentoring. The findings suggest that PIs are better placed than Technology Transfer Office managers to act as boundary spanners in bridging the gap between science and industry.     

An investigation of reporting violence to the police: A focus on Hispanic victims

Using conjunctive analysis of case configurations and the National Crime Victimization Survey this research explores the situational contexts of violence against Hispanics most and least often reported to the police and compares situational contexts of violence reported to the police among Hispanic, non-Hispanic White and non-Hispanic Black victims. Results indicate that Hispanic victimization most often reported varies greatly across situational context. Almost all violence reported involves a female victim, and almost all that is reported infrequently involves a never-married, uninjured male victim. Beyond those patterns, the role of all other situational factors is contingent on the specific situational context. Findings reveal wide-spread differences in situational contexts associated with the reporting of violent victimization against Hispanics, non-Hispanic Whites and non-Hispanic Blacks. Future research should continue to focus on Hispanics, with a focus on with-in group differences and longitudinal research.     

DEMEANOR OR CRIME? THE MIDWEST CITY POLICE-CITIZEN ENCOUNTERS STUDY*

There is agreement in the literature on policing that demeanor and other extralegal variables help determine police decisions. A recent challenge to that agreement has been issued, however. Klinger (1994) has asserted that nearly all previous quantitative analyses of the effects of demeanor and other extralegal variables are fatally pawed because they failed to limit demeanor to spoken words and failed to control for crime. He concluded that all previous research is suspect until additional analyses of the data sets used in previous research and new observational research are presented. This research starts the first of these tasks by reporting additional analyses of data from three previously published papers based on the Midwest City Police-Citizen Encounters Study. With demeanor limited to spoken words and crime partially controlled, the reanalyzed data suggest that the effects of demeanor depend on how demeanor is represented and, to a lesser extent, model specification. Consequently, caution with respect to existing reports of the effects of demeanor and other extralegal variables remains necessary. In addition, carefully controlling for crime and limiting demeanor to spoken words may not be the only problems surrounding efforts to assess the effects of demeanor. This research suggests that multiple representations of demeanor and more fully specified models may be important as well.     

Criticism on the urbanized trend of Chinese law research

By referring to the phenomena of the ever intensifying consummation of anti-fake laws resulting in ever increasing inundation of faking cases, this article describes the correlation between the consumers’ rights and the research on Chinese law. It is further pointed out that the relationship between the study of Chinese law and the protection of consumers’ rights typically interprets the difficult situation of Chinese law research: On the one hand, Chinese law does not give the required attention to the protection of consumers’ rights concerning people’s health and life safety. Worse, all the discussions about the issues of consumers’ rights are all oriented on serious urbanization tendency and departmental law science tendency, judging or measuring the concrete realities of consumers’ rights in China based on the concepts of western laws. The specific time-and-space element of China endowing essential meanings in the research of consumers’ rights in Chinese law as the base and evidence of research is eliminated, leaving the research of Chinese law in a distorted position in China. __________ Translated from China Reform, No. 9, 2005     

Criminologists,duct tape,and Indigenous peoples: quantifying the use of silencing research methods

A recent quantitative evaluation of mainstream criminological research found that there is a dearth of research on “Indigenous peoples in the criminal justice context” conducted in Australia, Canada, New Zealand, and the United States and published in elite criminology journals while these nations continue to incarcerate Indigenous peoples at markedly disproportionate rates. Although the silence prohibits public attention to this social issue, counter-colonial critics have mostly focused on criminologists who deliberately marginalize Indigenous peoples through use of inappropriate research methods. This study is a first attempt to quantify the use of “silencing research methods” in contemporary mainstream criminology. It involves a comprehensive review of research published in elite criminology journals over the past decade (2001–2010). The findings reveal that although mainstream criminologists generally prefer non-silencing research tools, they primarily employ silencing research methods when studying Indigenous peoples. Also, studies that focus on Native American peoples use silencing research tools more often than studies on other disproportionately incarcerated social groups, i.e., African and Hispanic Americans. The study concludes that by using “silencing research methods,” elite mainstream criminology has contributed to the marginalization of Indigenous peoples to varying degrees in all four countries over the past decade.     

CNKI中关于“干部教育培训组织管理有效性”的研究

提高干部教育培训组织管理的有效性,是干部教育培训改革的重要着力点。近年来,理论界和各级各类干部培训机构围绕这一问题进行了卓有成效的探讨,取得了许多可贵的成果。本文以CNKI中搜索到的相关成果为研究对象,运用文献计量学的方法,从文献来源数据库、发表年度和出版来源、作者单位及研究成果资助与主题观点的角度进行分析,通过分析综述目前研究的主要方面,发现研究中存在的问题,为深入研究此问题提供参考。     

Creating the Perfect Human Race: How Far Will We Go for Designer Families?

Genetic modifications in humans is a fast‐advancing field of science, with very little legal regulation. Scientists recently have developed a technique, clustered regularly interspaced palindromic repeat (CRISPR), which will forever change this field. Before CRISPR, all methods were too expensive and time consuming to facilitate editing human genes. CRISPR is faster and cheaper, making it a very real possibility for all. Since the discovery of CRISPR, research on human embryos has begun, with a success rate showing that creating a genetically perfect family is very real. In 2015, all federal funding for human genome modifications was banned, leaving little federal control. This Note proposes a model statute that allows for research while providing restrictions to prevent harm.     

心脏性猝死的机制研究进展

世界范围内心脏病性猝死发病率正呈逐年升高趋势并已成为第一大死亡原因,因此国内外学者在这方进行了广泛而深入的研究。本文综述了心脏病性猝死的病理学、神经体液、电生理特别是其分子生物学发病机制的研究成果。     

广东流动人口若干问题研究

广东在中国现代化建设中的地位与贡献有目共瞩。在现代化中的主要构成要素中,流动人口问题是其中一个重要要素。在全国超过一亿的流动人口中,广东占有五分之一,这与经济等方面的成绩是同步的。因而引起社会的广泛关注。人们在研究该现象时,都不能将广东置之度外。因而对于它的研究已经成为关注的焦点。但我们在调查中却发现广东对流动人口统计与其他省分采用同样的方法,其结果也是一样的。较正这样的统计已非简单的数字问题,这对政府推出科学对策有着重要影响。因而,本文将就此作一重新研究,以用科学化的认识观及统计观研究该问题。     

论确立“法律英语”学科地位的必要性

作者认为高等法律院校法律英语教学与研究现状不尽如人意,建议从“大一”开始选修法律英语课,普遍加强高年级法律英语教学,对硕士生、博士生的专业课程以英语讲授等。     

世界老年犯罪研究特点综述

老年犯罪研究是犯罪学研究领域中一个相当重要但又相对薄弱的环节,是一个多层面、十分复杂的研究课题。随着各国高龄化社会的到来,老年人犯罪问题成为世界范围内普遍存在的问题,成为各国犯罪学者、社会学者、心理学者、医务工作者等的潜心研究对象。“从世界范围看,使用德语的地方从20世纪开始,以埃克斯纳的《犯罪学》中关于老年人犯罪的论述为起点,已经出现了许多优秀的研究成果。以美国、英国为中心的使用英语的地方,对老年人犯罪问题也做了一些有益的探索。”。老年犯罪问题在当今社会集中的犯罪领域具有一定的特征类型,老年犯罪与其他人犯罪在性质上是相同的,但由于违法犯罪主体的特殊性,形成不同于其他人犯罪的特点和社会危害,这就决定了对这类犯罪进行深度研究的特殊意义。     

The Swiss regulatory framework for paediatric health research

Medical research on minors entails both risks and benefits. Under Swiss law, clinical trials on children, including nontherapeutic drug trials, are permissible. However, ethics committees must systematically verify that all clinical studies have a favorable risk-benefit profile. Additional safeguards are designed to ensure that children are not unnecessarily involved in research and that proper consent is always obtained. Federal Swiss law is undergoing revision to extend these protections beyond clinical trials to a broad array of health research. The Swiss drug agency also seeks to improve the incentives for pharmaceutical firms to develop new paediatric drugs and relevant paediatric drug labels.