法律职业伦理现状及其培育——以实证调研数据为基础

通过对法律职业共同体成员的约束和引导,法律职业伦理能够促进共同体成员的自律,有利于提高其道德水平和综合素质,有利于腐败遏制和公正司法,对于法治建设具有重要意义。调研显示,法律职业群体,尤其是律师遵守职业伦理状况不容乐观。实践中存在律师乱收费、虚假承诺、虚假宣传,公检法人员办理人情案现象等;这些行为对法律职业群体的形象产生影响。通过加强法律职业伦理教育、对法律职业群体进行职业伦理培训、引导等方式加强法律职业伦理的培育,能够促进法律人的职业化和法治建设。     

Persistence and desistance: Examining the impact of re-integrative shaming to ethics in Taiwan juvenile hackers

The Internet community has been addressing the unethical behavior of juvenile delinquents for years. Nevertheless, the concepts of hacker shame and ethics have received little empirical study from a theoretical perspective in the field of cyber criminology. Braithwaite's re-integrative Shaming Theory posits that it can restrain individuals from committing future offenses, and that those who participate in this shaming process are less likely to consider breaking the law in the first place. Among the abundance of criminological theories, the re-integrative Shaming Theory may be the most suitable theory to restrain hacker activities. This study focuses on the working relationship between nine juvenile delinquents and the shaming mechanism applied to them. However, applying this approach to reduce recidivism among computer hackers requires a great deal of time and effort. It is proposed that the state of shame or remorse is associated with the compounded affective processes of hacker ethics. The proposed solution creates a code of ethics for hackers, distinguishes right from wrong, and ensures a greater success for Braithwaite's re-integrative shaming methods. This paper discusses the problems and solutions related to the Shaming Theory, as well as their usefulness in the context of community-based restorative justice. It is argued that re-integrative shaming, without appropriate consideration for the offender's personal code of ethics, is insufficient when handling hacking offenses committed by juveniles. Our main concern is to find out how to help or encourage the offender's reintegration and re-entering into the community, and how s/he can avoid failure. It is hoped that our proposed strategy can prevent future offending behaviors by these juveniles. Implications drawn from the findings are discussed, and suggestions are offered to ensure the success of this theory when applied to juvenile hackers.     

Improving impact evaluations through randomised experiments: The challenge of the National Research Council report for European criminology

The National Research Council (NRC) report on Improving Evaluation of Anticrime Programs presents and discusses a wide array of techniques of evaluation. Although recognising the very high internal validity of randomised experiments, it considers, under certain conditions, quasi-experiments and observational studies as equally valid approaches. This conclusion is critically reviewed from a European perspective, where only a few randomised trials have been realised so far. It is argued that many critiques routinely addressed to randomised experiments, such as ethical concerns or low acceptance among practitioners, are either unfounded or can be adequately dealt with through imaginative adjustments. On the other hand, randomised controlled trials need to take the challenge of broadening the perspective, especially by looking at long-term effects that no other method can consider with comparable internal validity. Other recommendations include using innovative measures of re-offending, considering dynamic rather than static criteria of re-offending, and looking, beyond re-offending, at rehabilitation in other areas of life. Particular challenges are the possible placebo effects that evaluators in criminal justice have not yet found appropriate ways to deal with.

CIT in context: the impact of mental health resource availability and district saturation on call dispositions

The goals of Crisis Intervention Team (CIT) programs include improving safety during encounters between police and persons with mental illnesses, diverting persons with mental illnesses away from the criminal justice system, and increasing referral and access to mental health services. CIT is a systemic intervention, and as such, its implementation and effectiveness are influenced by existing practices and infrastructures. However, little research has considered the context in which CIT programs are implemented. In this paper, we present research on CIT in four Chicago police districts that vary in terms of two contextual factors hypothesized to influence the impact of CIT training on how calls involving persons with mental illnesses are resolved. Using data from 112 patrol officers in four Chicago police districts, we consider the impact of mental health services availability and CIT saturation (the percentage of district personnel that are CIT certified). Findings indicate that CIT training increased direction to mental health services primarily in districts with greater availability of mental health services. In districts with low service availability, higher CIT saturation increased direction to mental services. The opposite pattern emerged for contact only or informal call resolution. No effects were found for arrest as a call outcome.     

Further insights into the construct of criminal social identity: validation of a revised measure in a prison population

The current study objective was to develop a revised version of the Measure of Criminal Social Identity (MCSI) with an increased number of indicators to more reliably capture three MCSI dimensions. Dimensionality and construct validity of the Measure of Criminal Social Identity – Revised (MCSI-R) was examined among a sample of systematically selected inmates (N = 2192). Four competing models of the MCSI-R were specified and tested using Mplus with weighted least squares with mean and variance adjustment estimation. Bifactor model with three meaningful factors (cognitive centrality, in-group affect and in-group ties) while controlling for the general factor was the best fit for the data. Good composite reliability of the three MCSI-R dimensions was established. The three subscales of the MCSI-R evidence differential predictive utility for prisonization, number of incarcerations, self-esteem and violent offending. Practical implications and directions for future research are discussed.     

Regulating electronic identity in the European Union: An analysis of the Lisbon Treaty’s competences and legal basis for eID

This paper discusses the feasibility of EU legal action in the field of electronic identity (eID) within the new distribution of legal competences and the provision of novel legal basis engendered by the Treaty of Lisbon. The article attempts to find a ‘legal anchor’ to the idea of a pan-European electronic identity within EU law, looking at the issues of competences and legal basis. After examining various different areas of competence and the most feasible (and probable) candidates for a legal basis supporting an EU legal framework for eID, the paper argues that the latter should be found in the combination of Article 16 TFEU (concerning the right to the protection of personal data) with Article 3 TUE, and Articles 26 and 114 TFEU (concerning the establishment and functioning of the Internal Market), which also constitute the area of competence where an eID legal initiative can be pursued.     

我国医疗法律人才培养模式的实践与反思研究

医疗法律人才是“新医改”方案中“八柱”之一的“建立健全医药卫生法律制度”目标实现的重要基础。本文以人才培养为视角，对我国医疗法律人才培养模式进行总结与反思，进而提出相应建议，旨在提高医疗法律人才的培养质量。     

Effects of bystander sexual assault prevention programs on promoting intervention skills and combatting the bystander effect: a systematic review and meta-analysis

Journal of Experimental Criminology - Bystander sexual assault prevention programs encourage individuals to intervene when witnessing incidents or warning signs of violence. According to a popular...     

医德重建：传统医德危机及其解决途径探析

目前,我国面临的医德危机是非常严重的。如何解决这一危机就成了一个不容回避的重大课题,不少学者提出要用传统医德来规范医务人员,并以此作为解决该危机的良方。然而,这种以人格伦理为特质的传统医德尽管有其一定的合理性,但其在实践中的有效性却受到了人们的质疑。本文试图从传统医德自身的局限性、医务人员利益意识的觉醒以及因社会失范而导致的越轨三个方面来分析我国医德危机产生的根源,并为此提出了三条对策。     

Policy recontextualisation: the proposed introduction of a multiple-choice test for the entry-level assessment of the legal knowledge of prospective solicitors in England and Wales,and the potential effect on university-level legal education

Much of the substantive content of undergraduate law programmes in England and Wales is framed by the requirements of the legal regulators. There are now proposals for changes to the entry-level assessment of the legal knowledge of prospective solicitors, which include the use of a standardised multiple-choice test (MCT). It is anticipated that for most law students this would be taken alongside or immediately after their undergraduate studies. This paper uses discourse analysis to explore the positioning of the regulators in the consultation documents for this proposal, and undertakes a review of the literature on the use of MCTs in legal education. By using theoretical concepts derived from the work of Basil Bernstein, most notably the recontextualising rule, and classification, it explores the potential effects of this change in policy on university-level legal education.     

Classroom training in sexual victimization awareness and prevention skills: An extension of the Red Flag/Green Flag people program

This study is an extension of a previous evaluation of a program (Red Flag/Green Flag) in which children, parents, and teachers were exposed to a workbook and film designed to teach personal safety strategies for preventing sexual victimization or encouraging adult assistance through disclosure of such incidents. In the current investigation, only children and their teachers received this didactic training program. Children and teachers from neighboring schools were assigned to a Training or Control group. Self-reports from children, teachers, and parents, as well as guidance counselor incident reports, were obtained to evaluate outcome. Results indicated greater gains in general knowledge and prevention skills at post-training and 6-month follow-up for trained than control children. Some improvements were made by trained teachers and parents of trained children. Child reports of personal experiences and guidance counselor incident reports were in accord with the assistance component of the program. However, the pattern of reports across sources is difficult to interpret. The findings are discussed in light of salient issues regarding the content of training, child disclosure, and methodology.     

经验传统与历史选择:英国早期人权进程分析

英国历史经常出现于学者们的视野中 ,但从人权的角度对其早期历史进行的研究尚不多见。之所以选取这一进路是希望通过本文对英国早期人权进程之初步探究 ,以期收到抛砖引玉之效 ,故不揣浅陋 ,见笑于方家。本文认为 ,英国人的人权进程具有早发性、经验性、稳定性、渐进性等不同于其他国家的特点。这与英国特殊的传统文化背景及地理环境有关系。从《自由大宪章》开始 ,到《权利请愿书》、《人身保护法》 ,再到《权利法案》 ,英国人权的早期历史发展状况 ,正证明了这一点。     

Investigating the demographic and attitudinal predictors of rape myth acceptance in U.K. Police officers: developing an evidence-base for training and professional development

Efforts to understand rape myth acceptance (RMA) as a cognitive framework in police, unifying key cognitive/attitudinal and demographic factors into one coherent model, are lacking. Using a cross-sectional survey design, predictors of RMA were assessed by linear hierarchical regression, including demographic (age, length of service, gender, experience of specialist rape investigation training) and attitudinal factors (hostility towards women, sexist attitudes, and explicit power/sex beliefs) among officers from a large U.K. police force (N = 912). The final model explained 44% of variance in RMA. Gender and previous specialist training significantly predicted RMA, but to a much lesser extent than attitudinal variables, which explain 42% of RMA variance. Only specialist rape investigation training remained significant when attitudinal variables were added. The greater contribution from attitudinal variables suggests that efforts to address RMA in officers must consider the broader attitudinal structures underpinning RMA. Findings highlight implications for evidence-based training for rape investigators.     

Educational malpractice and setting damages for ineffective teaching: a comparison of legal principles in the USA,England and Australia

The extent to which educational institutions and their teachers in the USA, England, and Australia should bear legal responsibility in damages for ineffective classroom teaching is the subject of this article. At the heart of the controversy regarding educational malpractice is the issue of remedies. Federal and state courts in the USA have resisted awarding damages where such an award would appear to sound in educational malpractice. However, although courts in Australia have yet to declare with any degree of certainty, they appear positioned to follow the English approach that ostensibly acknowledges a school's duty of care to provide effective education for all children.     

人与人格分离技术的形成、发展与变迁——兼论德国民法中的权利能力

人格是特定社会的准入条件,因而生物人与法律人的分离,乃是法律人格制度的基本模式。这个模式中核心的要素,就是法律人格的“适格判断”的标准。在法律文明的早期,血缘、地域、财产等身份要素,充当着法律人格的判别标准,由此所引起的身份人格必然带有不平等的色彩。近代法律人格的基本特点,就是个人的伦理属性成为了法律人格的适格标准,由此奠定了近代法律人人平等的基础。《德国民法典》上的“权利能力”概念,是由实定法所界定的法律人格的适格条件,这一实定法上的概念,仍然是建立在关于人的伦理性判断的基础之上的。     

The impact of education on the demographic life course: The family reproduction process of literates and illiterates in the Netherlands at the end of the nineteenth century

A widely held assumption is that the decline of illiteracy had a notable impact on the demographic transition in western Europe in the nineteenth century. Literates, it is said, were more open to innovation and were better equipped to control their environment and their destiny. The article examines this hypothesis by looking into the family reproduction process of literates and illiterates who lived in the town of Eindhoven between 1850 and 1900. Using the concept of the life course, the article looks at differences in age at marriage, fertility, and infant and child mortality, and finds that in each category of literacy a certain form of demographic behavior prevailed.     

The impact of education on the demographic life course: The family reproduction process of literates and illiterates in the Netherlands at the end of the nineteenth century

A widely held assumption is that the decline of illiteracy had a notable impact on the demographic transition in western Europe in the nineteenth century. Literates, it is said, were more open to innovation and were better equipped to control their environment and their destiny. The article examines this hypothesis by looking into the family reproduction process of literates and illiterates who lived in the town of Eindhoven between 1850 and 1900. Using the concept of the life course, the article looks at differences in age at marriage, fertility, and infant and child mortality, and finds that in each category of literacy a certain form of demographic behavior prevailed.     

Carrying the misery to adulthood: the impact of childhood sexual abuse on adulthood impulse control through depression and suicidal thoughts

Childhood sexual abuse (CSA) has been linked to a wide range of negative outcomes, including the development of low impulse control in adulthood. Because previous studies have identified impulsivity as a robust predictor of antisocial and criminal behaviors, CSA may be an important early-in-life risk factor to consider. But the pathway between CSA and impulsivity is not well understood. Research suggests CSA is an important predictor of various forms of psychopathology, such as depression and suicidal thoughts. Pulling this all together, we investigated the possibility that CSA impacts depression and suicidal thoughts and that those experiences go on to affect the development and manifestation of impulse control in adulthood. We drew on a nationally representative sample of adolescents and adults (Add Health) to test the pathways by which CSA might affect impulse control. We found that CSA negatively influences impulse control, and that depression and suicidal thoughts may mediate this relationship. Our findings highlight the importance of trauma-oriented interventions for survivors of CSA – on top of their other benefits, such interventions may have an influence on the development of impulse control later in life.