刑事执行法律问题初探

首先剖析了我国目前刑事执行的现状,并指出了问题所在;然后通过对西方一些国家在此方面的立法和司法实践的解读,得到了三点启示;最后在全面分析比较我国目前主要刑事执行理论观点的基础上进行了理论重构,认为我国的刑事执行改革应走执行体制一体化和立法形式多样化相结合的道路。     

Comparative Sociology of Legal Professions: An Exploratory Essay

The author surveys and compares the legal professions of 15 nations, including both civil law and common law countries. The essay is organized around the ways that legal professionals control their markets—first by controlling "production of producers" or who and how many enter the profession (with formal education or apprenticeship requirements, examinations, access to entry-level positions). Legal professionals also control "production by producers"—both external competitors and lawyers themselves. This occurs, for example, through definition and defense of the professional monopoly, control of competition between licensed professionals, and creation of demand. The discussion takes place against the background of the legal profession's recent history—assessing changes in its composition (by race, age, gender), in lawyers' practice settings, in the categories of work they perform, and in the income and status associated with these categories and with the profession in general.     

浅述唐律中的反腐惩贪法律制度

本文以唐律作为研究对象,从预防、监察、惩治三方面评析唐律中反腐惩贪的法律制度,揭示唐律中许多惩治腐败的法律思想、措施等对现代惩治贪污的斗争仍有现实的指导作用.     

我国法律援助机构设置中存在的主要问题及对策建议

目前,我国法律援助机构设置中存在的主要问题是法律援助机构性质不统一、职能不统一以及在同一层次上法律援助机构和法律援助管理机构并行.本文针对这些问题提出了解决思路和办法,认为名称应为法律援助机构、政府性质、单一系统模式即可.     

Punishment's Legal Templates: A Theory of Formal Penal Change

The well‐known gap between law on the books and law in action often casts doubt on the significance of changes to law on the books. For example, the rise and fall of penal technologies have long been considered significant indicators of penal change in socio‐historical analyses of punishment. Recent research, however, has challenged the significance of apparently large‐scale penal change of this kind. This article clarifies the significance of penal technologies' rise and fall by offering an alternative account of formal penal change, introducing the analytical concept of “legal templates,” structural models of legal activity (e.g., punishment) available for authorization and replication across multiple jurisdictions. Analyzing punishment's templates explains how new penal technologies can be important harbingers of change, even when they fail to revolutionize penal practice and are not caused by a widespread ideological shift. This article locates the significance of punishment's legal templates in their constitutive power—their ability, over the long term, to shape cognitive‐cultural expectations about what punishment is or should be. This power appears only when the template is widely adopted by a plurality of jurisdictions, thereby becoming institutionalized. Ultimately, these institutionalized templates define the scope of future punishment.     

荷兰行政强制法律制度简介

根据荷兰行政法学界的理解 ,行政强制有三方面的法律特征 :行政强制属于行政制裁 ;行政强制是补偿性制裁 ;行政强制的目的是阻止违法。《荷兰行政法通则》对行政强制的立法规定集中体现在该法典的第五章 ,包括监督检查、强制措施和执行罚三部分。     

"牛玉琴等人的法律难题"解析

"牛玉琴等人的法律难题"归结到一点,就是如何保护林木所有权人的合法权益问题.要切实保护牛玉琴等人的合法权益,就必须由国家针对牛玉琴等人的投入和牺牲,在林木的经济价值之上、生态价值之下,确定一个适当的数额对他们进行补偿.除此之外,诸如"砍伐方案"、"购买方案"、"补助方案"、"奖励方案"等都是不可取的.     

法律制度与政府体制关系论略

推进行政法治需要正确处理法制建设与政府体制改革的关系,在理论上廓清法律制度与政府体制的关系尤为必要.法律制度与政府体制之间呈现出的复杂互动关系主要体现在:一方面,宪法和宪法性法律决定着行政主体的设置及其权力资源的配置关系.另一方面,政府体制还通过立法、执法等环节对法律制度的供给和实施施加影响,而其作用的性质和机制又与法律对政府体制的原始配置有着直接关联.     

加入WTO与中国内外资企业法律制度分析

审视我国现行的内外资企业法律制度,其与市场经济法治要求有一定的距离,并且存在着诸多与 WTO 规则相背离的地方。我们应本着经济立法是对客观经济规律地正确反映的指导思想,制定反映我国社会主义市场经济要求的内外资企业法律制度。     

Gossip in a Maximum Security Female Prison: An Exploratory Study

This research examines 2 issues that have been overlooked by previous research on the subculture of female inmates: the social functions of gossip in a maximum security female prison and the inmates’ motivations and attitudes toward gossip and gossipers. The inmates of Israel's female prison perceive gossip as a negative phenomenon. Although they claim that gossip is frequent and central in their prison lives, most deny gossiping themselves. The inmates give several explanations for gossip. They see gossip as an inherent part of “female nature” and claim that gossip is used to increase one's social or material status. They also argue that gossip is an act of envy or an expression of useless evilness. Nonetheless, this study proposes that the inmates use gossip to relieve various pains of imprisonments and that despite the inmates’ negative attitudes, gossip may serve other beneficial social purposes of which the inmates are unaware. Although complex and occasionally contradictory, the findings of this study emphasize the multiple positive and negative functions that gossip has in the prison lives of female inmates.     

The Dynamics of Euphemisation in Legal Language: An Analysis of Legal Terms Referring to People with Disabilities Used in Poland and Spain

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - Socio-political developments can result in a change of perception of people with disabilities...     

An Exploratory Study of Emotional Intelligence and Domestic Abuse

To date, there is no literature specifically addressing the relationship between spousal battering and emotional intelligence, a concept that captures the success, or lack thereof, of a person's functioning in their immediate environment. Forty-four men convicted of spousal assault and 76 undergraduate students completed the Emotional Quotient Inventory (EQ-i; R. Bar-On, BarOn Emotional Quotient Inventory: User's Manual, Multi-Health Systems, Inc., Toronto, 1997), the Propensity for Abusiveness Scale (PAS; D. G. Dutton, J. Fam. Violence 10(2): 203–221, 1995), and the Balanced Inventory of Desirable Responding (D. Paulhus, J. Pers. Soc. Psychol. 46: 598–609, 1984; Assessing Self-Deception and Impression Management in Self-Reports: The Balanced Inventory of Desirable Responding, Unpublished manual, University of British Columbia, Vancouver, Canada, 1988; In Measures of Personality and Social Psychological Attitudes, Academic Press, San Diego, CA, pp. 17–59, 1991). Results of this exploratory study indicate that batterers score significantly lower than the general population on all components of EQ-i. Additionally EQ-i total and subscale scores for both samples correlate negatively and significantly with scores on PAS, suggesting that deficits in various components of emotional intelligence are related to an increase in the propensity to be abusive. Implications for batterer treatment are discussed.     

Legal Aid in Mental Hospitals

This report on the experience of five in-hospital legal aid projects and one community-based project for the deinstitutionalized examines the workloads of the lawyers and paralegals who labor in this setting and the various approaches and predispositions they bring to the job or learn while they are at it. The caseloads as well as interviews and observations reveal enormous differences in approach from project to project. The work of some lawyers and their aides confirms the utility and importance of making legal aid directly available to patients on the hospital grounds. But the experience of a couple of other projects warns that certain styles of lawyering can be counterproductive and damaging. In general, lawyers in the mental hospital setting must avoid the legalistic and overly adversarial approach to the problems that are brought to them—many of which are of uncertain legal content, credibility, or psychological makeup. Lawyers must also be careful not to have their own legal priorities get in the way of the best interests of their patient-clients or even those of the hospital as a total institution. The best approach to lawyering in the institutional setting is one that softens the "traditional" legal and adversarial aspects in favor of a more mediatory stance in which fact finding, counseling, and the resolution of issues by compromise are dominant functions. And significant legal attention should be devoted to each of the major categories of problems faced by patients—commitment-discharge, institutional, and civil—if the institutional lawyer's credibility and effectiveness are to be maintained both with the patients and the staffs in charge of their treatment and custody.     

Siblings and Delinquent Behavior: An Exploratory Study of a Neglected Family Variable

This exploratory article examines the relation between sibling structure (sex of siblings and birth order) and self-reported delinquency. The processes of contrast and imitation, conceptual notions derived from research on sibling structure and sex roles, are used to guide this exploration. Considerable variation in delinquency by sibling status was identified. There are indications that an interaction effect exists between birth order and sex of siblings relative to rates of delinquency.     

An Exploratory Study of Honor Crimes in the United States

There is a lack of research on honor crimes within the United States. We used an open source search methodology to identify the victim-offender relationship and motivations for this crime within the United States. Using data collected based on the protocol for the United States Extremist Crime Database (ECDB), we identified a total of 16 honor crimes with 40 victims that occurred between January 1st 1990 and December 31st 2014 in the United States. Based on our findings, the overarching motivations for honor crimes in the United States were the perpetrator’s former partner beginning the process of separation and the westernized behavior of the victim, typically the offender’s daughter or step-daughter. Honor crimes were not limited to current/former intimate partners or daughters, as they also included the death of extended family members (e.g. in-laws, nieces, and cousins). Policy implications and directions for future research on honor crimes are discussed.     

刑法第306条存与废:倾听法律职业人的声音

刑法第306条(又称律师伪证罪)从其诞生之日起就面临着当存还是当废的巨大争议,这些争议或来自学理或来自实践中的相关利益群体。2009年底至2010年初的李庄案再次使得这一争论从幕后转至台前。通过考察法律职业人对第306条的真实态度,可以深入地发掘争议背后的社会因素:即司法机关观念上的误区;诉讼结构的不合理;追诉程序上的瑕疵,从而从实体和程序上为刑法第306条的未来寻求一条理性的出路———存而慎用。     

An Exploratory Study of the Mental Toughness Psychological Skills Profile Psychometrics,and the Mediating Effect of Social Support Sources on Mental Toughness and Suicidal Ideation Among Military Police

Research suggests that social support and mental toughness (i.e., the ability to effectively cope with stress despite adversity and/or failure) may be associated with decreased suicide risk, although methods for measuring mental toughness remain largely undeveloped. The relationship remains largely unknown. In response to this research gap, the psychometric properties of the Mental Toughness Psychological Skills Profile (MTPSP; Asken 2005), and its association with suicide ideation, were evaluated in a sample of active duty U.S. Air Force Security Forces personnel, a subpopulation especially vulnerable to suicide risk. 273 participants from two Air Force bases completed self-report scales including the MTPSP. Results indicated that the MTPSP is comprised of five subscales: Negative Mindset, Positive Mindset, Confidence, Achievement, and Health Behaviors. All five MTPSP factors were independently correlated with general distress, somatic anxiety, positive affect, presence of meaning in life, search for meaning in life, positive self-bias, social support sources, and suicide ideation. The Confidence factor was the only factor that had a significant association with suicide ideation when all five factors were considered simultaneously (β?=??0.18, p?=?.016), but was fully mediated by social support (β?=??0.17, p?=?.033). Self-confidence may be associated with reduced suicide risk because those individuals tend to report higher social support.     

The Unintended Consequences of Penal Reform: A Case Study of Penal Transportation in Eighteenth‐Century London

What were the consequences of penal transportation to the New World for eighteenth‐century British criminal justice? Transportation has been described by scholars as either a replacement of the death penalty responsible for its decline, or a penal innovation responsible for punishing a multitude of people more severely than they would have been punished before. Using data from the Old Bailey Sessions Papers and the Parliamentary Papers, this study examines sentencing and execution trends in eighteenth‐century London. It takes advantage of the natural experiment provided by the passage of the 1718 Transportation Act that made transportation available as a penal sentence, thus enabling one to assess the “effect” of transportation on penal trends. This study finds that the primary consequence of the adoption of transportation was to make the criminal justice net more dense by subjecting people to a more intense punishment. While it was also associated with a small decline in capital sentences for some types of offenders, the adoption of transportation was also associated with an increase in the rate at which condemned inmates were executed. The study closes with a discussion of the conditions that may lead to law's unintended consequences, including the mesh‐thinning consequences observed here.