经济发展软环境建设应立足于创新和发展

改革开放,建立社会主义市场经济以来．各地把改善经济发展软环境,营造一个有利于经济发展,有利于吸引外资的软环境问题提到了日程上来,并取得了许多好的经验和作法,促进了经济的发展。伴随着新世纪的钟声,中国加入ＷＴＯ即将成为现实,经济全球化已向我们走来。面对新的机遇和挑战,如何为促进经济发展提供一个良好的软环境又摆在了我们面前。笔者认为,今后经济发展软环境的建设应立足于创新和发展。 一、经济发展离不开良好的软环境 环境是某一事物周围的背景和条件。任何事物都离不开它赖以生存的条件,也就是说任何事物的生存和发…     

Psychosocial influences that motivate young offenders to engage in a non-custodial community intervention

Offender programmes do not fully consider how psychosocial factors influence individual engagement within interventions. While factors associated with offending behaviour are well-known, their influence on motivational engagement is not clear. The present study of 109 adolescent offenders in a non-custodial community intervention explored the influence of aggression, antisocial behaviour in the community, problematic and disruptive behaviour in school, and parental bonding and self-esteem on reported motivation to engage with a non-custodial intervention. Regression and correlational analysis revealed relationships between these variables and four subtypes of motivation (i.e. intrinsic and extrinsic motivation, identified regulation and amotivation), although results in respect of self-esteem were mixed. The findings highlight the multidimensional and complex nature of motivation, and support the need to internalise extrinsic motivations through the promotion of self-autonomy and competence within intervention programmes in order to maximise engagement.     

尸体腐败微生物的研究进展

法医学死亡时间的推断已从传统的病理学诊断转变为多证据佐证的模式。自然状态下尸体腐败过程受多因素影响,其中微生物是影响尸体腐败的敏感指标,因此,尸体上微生物群落的结构的变化有可能成为死亡时间推断的新依据。本文综述了自然状态下尸体上微生物群落的演替特征及影响因素,并列举了微生物的取样、储存及检测方法,希望能为法医微生物学的研究及实践提供参考。     

Interacting influences on interrogative suggestibility

Purpose. Research using the Gudjonsson Suggestibility Scales (GSS) has found interrogative suggestibility (IS) to vary as a function of the overall demeanour of the interviewer, warnings about the presence of misleading information, and the self‐esteem of the interviewee, as outlined by Gudjonsson and Clark (1986). The present study attempted to assess how these factors interact. Method. The study had a three‐factor between‐participants design: interviewer demeanour × instructional manipulation × self‐esteem. One hundred and twenty undergraduates took part in the study. Results. Participants reporting lower self‐esteem scored higher on the GSS ‘Shift’ measure than participants reporting higher levels of self‐esteem. Participants faced with a ‘Friendly’ interviewer scored lower on the GSS Yield 1 and Total Suggestibility measures than did those participants faced with a more ‘Abrupt’ interviewer. Participants warned about the presence of misleading information scored lower on Yield 1 and Total Suggestibility. A potentially key finding was that participants who received a warning demonstrated an increased number of Shifts in the Friendly condition compared with those who were not warned. In the Abrupt condition this pattern was reversed. Conclusion. The results supported studies showing that all three variables tested affect levels of IS but further suggested that optimal interviewer support for interviewees' discrepancy detection may be provided either by a relaxed interviewer manner or by warnings alone, but not by both.     

文化差异对海事仲裁的影响

东西方文化差异对海事仲裁的影响不容小觑.在介绍海事仲裁在亚洲地区最新情况的基础上,分析文化差异对法律上的争议和事实上的争议的影响,指出仲裁中证据存在的主要问题,通过仲裁中文化差异的实例,提出仲裁当事人对文化差异的应对措施.     

Confounding influences on police detection of suspiciousness

The social psychological literature had shown wide acceptance by the police of the use of nonverbal behaviors such as smiles, speech disruptions, gaze aversion, and hand gestures as cues to deceptive or suspicious activity by criminal suspects. Current police investigative training also reinforces these beliefs. The present study analyzed the influence of race and emotional agitation level on the frequency with which these ‘suspicious’ nonverbal behaviors are displayed. Reviewing 120 videotaped police-citizen interactions of a noncriminal nature involving law-abiding citizens, the results suggested that level of emotional agitation had a weak but significant influence on the frequency with which two of these nonverbal behaviors were displayed. Race also had a significant influence that ranged from moderate to strong, as African-American and Hispanic citizens displayed significantly higher levels than Caucasians of behaviors thought of as ‘suspicious’ by police officers.     

Methodological development: structured outcome assessment and community risk monitoring (SORM)

This paper describes an effort to develop a clinical tool for the continuous monitoring of risk for violence in forensic mental health clients who have left their institutions and who are dwelling in the community on a conditional release basis. The model is called Structured Outcome Assessment and Community Risk Monitoring (SORM). The SORM consists of 30 dynamic factors and each factor in SORM is assessed in two ways: The current absence, presence or partial och intermittent presence of the factors, which is an actuarial (systematized and 'objective') assessment. Secondly, the risk effect, i.e. whether the presence/absence of factors currently increases, decreases or is perceived as unrelated to violence risk, is a clinical (or impressionistic) assessment. Thus, the factors considered via the SORM can be coded as risk factors or protective factors (or as factors unimportant to risk of violence) depending on circumstances that apply in the individual case. Further, the SORM has a built-in module for gathering idiographical information about risk-affecting contextual factors. The use of the SORM and its potential as a risk monitoring instrument is illustrated via preliminary data and case vignettes from an ongoing multicenter project. In this research project, patients leaving any of the 9 participating forensic hospitals in Sweden is assessed at release on a variety of static background factors, and the SORM is then administered every 30 days for 2 years.     

News media influences on public views of sentencing

Opinion polls in Canada, the United States, Great Britain, Australia, and elsewhere suggest that most members of the public would like their criminal courts to be harsher. Does media coverage of criminal sentencing contribute to a preference for harsher sentencing? Most people derive their information about sentencing from the news media and content analyses of news stories in Canada and the United States demonstrate that crimes of violence and sentences of imprisonment are overrepresented. Moreover, the news media provide little systematic information about the sentencing process or its underlying principles. This article reports the results of three studies examining the effects of media coverage on public opinion about sentencing. Subjects who read actual newspaper stories about sentencing that appeared in Canadian newspapers rated most reported sentences as too lenient. However, the specific account they read influenced their leniency judgments. Furthermore, in one experiment, participants assigned to read a newspaper account of a sentencing decision supported harsher sentences than participants who read a summary of actual court documents from the sentencing hearing.     

审理油污案件的法律问题分析及解决

以十几年来在广东省海域和水域发生的油污诉讼案件的分析为基础,结合向有关执法部门调研取得的成果,疏理油污案件存在较大争议的几个法律问题,对油污案件的定性、索赔主体和损害主体进行分析,对船舶碰撞导致油污损害的责任主体确定进行深入探讨,对油污损害范围的确定、油污损害赔偿责任的归责原则以及油污诉讼案件的法律适用等问题进行研究,并提出立法建议。     

公共政策：谁之政策？何种政策？

公共政策是公众的政策,它既是多数人的政策,也是少数人的政策,但并非少数个人或特殊阶层谋取私利的工具。公共政策应该是公正的政策,公平的政策,公开的政策。公正性、公平性、公开性是公共政策的基准性价值,是体现政策公共特性的基本维度。公共政策通过提取、分配、管制、象征等基本功能,实现自由、安全、秩序和繁荣,最终维系公共利益。本文从三个方面的设问揭示:公共政策的本质就是个人偏好与集体选择的制度安排。     

刑事政策的批判理性--刑事政策的理性思辨之一

无论是启蒙时代古典主义刑事政策还是科学时代实证主义刑事政策,亦或是近现代新社会防卫的刑事政策的发展都是建立在科学的方法论和批判理性的基础上。刑事政策研究不仅要坚持理性的批判,具有批判的理性,还要坚持运用正确的方法,追问刑事政策研究的进路,回应现实,解决理论与实践悖论之难题,确立基本刑事政策,为刑法现代化提供技术支持。     

Managing global change for sustainable development: technology,community and multilateral environmental agreements

The purpose of this paper is to consider how international law has sought to mediate between the promotion of environmentally sound technologies and local community participation. It will be suggested that the paradigm of sustainable development presents the most sensible framework through which to consider these issues. The paper will then present three short case studies centred around various aspects of the ongoing implementation of the Rio Conventions, namely the endorsement of sequestration activities within the 1992 UN Framework Convention on Climate Change, the development of an access and benefit sharing framework under the 1992 Convention on Biological Diversity and further encouragement of community participation in the 1994 UN Convention to Combat Desertification. In conclusion, the paper will suggest that community participation must be given comparable status with the promotion of technological advances if long-term success is ever likely to be attained.

论刑事政策（学）的若干问题

刑事政策有一个长期的过去,但仅有一个短期的历史。因为,从早期纯粹的打击犯罪的人类自发性反应,到作为合理而有效地反犯罪斗争的手段并成为政治国家和市民社会整体系统性的刑事政策,完全是欧洲启蒙时期以后的事。真正的刑事政策只有在对刑法制度进行反省以后才会产生。刑事政策 Kriminalpolitik 这一概念的首次面世,则是在18世纪末19世纪初德国法学教授克兰斯洛德和费尔巴哈合著的著作《Lehrbuch》(1803年)中。费尔巴哈认为,刑事政策是国家据以与犯罪作斗争的惩罚措施的总和,“刑事政策是立法国家的智慧”。不难看出,当时这一概念过于强调惩罚性,是以刑罚的运用为核心内容,比较狭隘。     

German influences on Japanese Pre-war Constitution and Civil Code

German influences were seen in every field of Japanese culture after the Meiji Restoration. as for the pre-war constitution, Dr. Hermann Roesler is considered the most important foreign advisor to the Japanese government because the constitution was established according to his plan. Roesler recommended that Japanese politicians strengthen the right of the Emperor and establish the constitution by the will of the Emperor, not by the will of the people.In the enactment of Japan's civil code was to be enacted in 1894 but this code was considered too democratic for the actual Japanese situation. conservative Japanese politicians then tried to established the civil code according to the German model and succeeded partly in doing so.