试析法人作品与职务作品的区分标准

如何区别法人作品与职务作品已成为理论与实务的难点。应从作品所体现的意志加以判定,具体表现在三个方面:作品署名;作品内容;作品的性质与用途。同时,为激发作者的创作热情,保护作者的合法权益,应严格解释法人作品。     

China's Juvenile Delinquency Prevention Law: the law and the philosophy

The present study introduces and discusses the Juvenile Delinquency Prevention Law of the People's Republic of China. The law was promulgated in the context of Chinese socioeconomic reforms and legal reforms in response to the rising delinquency since the early 1980s. The study explains the social and political background of the law with respect to the patterns of delinquency in China. The law has several main features that reflect the Chinese philosophical underpinnings of crime prevention and control, and the study discusses the connection between the law and the traditional Chinese philosophy and thinking. Finally, the study discusses the challenges to the enforcement of the law in Chinese society, which has lacked a legal tradition in its history.     

Invariance of Measures of Prevention Program Effectiveness: A Replication

Recent literature has suggested that measures of risk and protective factorsfor delinquency and substance use are not equally reliable or valid acrossgender and ethnic groups and has recommended differentiated programming andculturally specific evaluation methods. Three data sets containing up tofive ethnic groups were used to determine the degree to which risk andprotective factors are equally reliable and valid predictors of drug use anddelinquency across gender and ethnic groups. Congeneric measurement modelsand structural equation models were evaluated to determine if the factorstructures for these measures and their covariances with measures of druguse and delinquency were equivalent across gender and ethnic groups. Half ofthe risk and protective factors included in this analysis were found to beequally reliable across gender and ethnic groups. When controlling forreliability differences, all of the risk and protective factors were foundto predict both drug use and delinquncy for all gender and ethnic groups. Interms of the magnitude of these associations, no substantive differenceswere found in the validity of risk and protective factors for drug use anddelinquency. Differences in the validity of risk and protective factors weremore prevalent for delinquency than for drug use. However, all differenceswere substantively trivial. We conclude that measures of prevention programeffectiveness are invariant across gender and ethnic groups.     

The Juvenile Justice and Delinquency Prevention Act: Federal Leadership in State Reform

The policies advanced by the Juvenile Justice and Delinquency Prevention Act, while generally viewed as a success, are seen by some as a failure that may even abet juveniles in the commission of crime. After tracing the evolution of federal juvenile justice legislation and examining arrest and treatment data, the authors confront the criticisms aimed at the Act, and find reason for considerable optimism. Nationwide, the number, proportion, and rate of juvenile arrests have fallen more than the juvenile population, and many states appear to have made substantial progress in improving the processing and treatment of juveniles. The authors conclude that the Act is a continuing source of federal leadership for state innovation.     

Delinquency theory and prevention: A radical alternative

Twentieth century America has seen several delinquency prevention programs come into vogue and then collapse under the pressure of ever increasing rates of delinquency; pressuring policy makers to continue their search for new and better programs. Yet, new prevention programs are not pulled out of a hat. Because these programs are based on certain assumptions about human behavior they are, for the most part, derived from theories of crime and delinquency causation. Pursuing this relationship between theory and practice, this paper grounds the emergence of delinquency prevention with the development of positivist criminology, identifies the conceptual and practical deficiencies of positivist theories of crime and subsequent prevention strategies and presents the prevention directive of contemporary Marxist “Critical Criminology.”     

青少年犯罪预防理论的研究视角：从犯罪原因到犯罪断念的转向

断念是行为主体(特别是青少年越轨者或犯罪人)在一段稳定的时期内对犯罪偏好明显与确定的拒绝。现阶段犯罪预防措施通过控制青少年犯罪原因遏制青少年犯罪增长趋势,绩效前景颇为黯淡。从聚焦于犯罪原因分析到致力于犯罪断念研究的战略性转向将成为当代社会犯罪预防的重要突破。作为人生状态与行为过程的犯罪断念,在静态结构与动态运行的结合中发挥青少年犯罪预防的积极效果。     

Gang problems in nometropolitan areas: A longitudinal assessment

The spread of youth gangs to nonmetropolitan counties in the 1990s has been widely cited but difficult to document empirically and interpret theoretically. Using merged data from the 1996, 1997, and 1998 National Youth Gang Surveys, and matching the combined National Youth Gang Surveys with demographic data from the Departments of Commerce and Agriculture, we provide a comparative analysis of social, economic, and demographic differences among nonmetropolitan jurisdictions in which gangs are reported to have been persistent problems, those in which gangs have been more transitory, and those which report no gang problems. Drawing indicators from four distinct frameworks for explaining community differences in gang problems—ecological, economic deprivation, population composition, and social diffusion—we assess the application of explanations for urban gangs to less urbanized areas.     

A Clinical-Corrections Approach: The Failure of a Residential Juvenile Delinquency Treatment Center

Abstract With the incidence of violent juvenile crime and the increasingly limited funds for residential treatment of the adolescent offender, one court jurisdiction (16th Judicial Circuit, Kane County, Illinois) attempted to develop and administer its own residential treatment facility within the walls of its detention facility. This article documents the problems encountered in this endeavor and provides recommendations for other jurisdictions which might be tempted to try to balance the fiscal and rehabilitative demands of this growing population by administering their own residential treatment facilities. The problems addressed in this article pertain to the following areas of difficulty: developing a therapeutic milieu; attracting, training, and evaluating a competent child care staff; and implementing a consistent philosophy of change designed to drive all decision-making within the center.     

Psychopathy Among Mexican American Gang Members: A Comparative Study

High-risk Mexican American males were assessed for levels of psychopathy. The Hare Psychopathy Checklist-Screening Version was compared in a random sample of gang members with a matched community sample of violent non-gang members and samples of forensic and psychiatric patients and undergraduate students. Analysis involved t-test, chi-square, and Cronbach's alpha statistics. More than half of the gang sample were categorized as low, 44% as moderate, and only 4% as high on psychopathy. The gang members had higher scores on the total, affective, and behavioral scores than the non-gang members. High scores on adolescent antisocial behavior, poor behavioral controls, and lack of remorse were found in both samples. Gang members scored twice as high as non-gang members on lack of empathy. Both samples were lower on psychopathy than the forensics and higher than psychiatric patients and undergraduates. The results provide grounds for early intervention efforts for this high-risk population.     

Six Lines: A Methodological Agenda for Critical Gang Studies

Critical Criminology - In the twenty-first century, the established methodological props for gang research have worn increasingly thin. Place-based definitions involving territorial groups confined...     

Self-Reported Delinquency and Alienation: A Study of Juvenile Crime

Based on a probability sample of 7542 from the seventh, ninth, 11th grade students of the Toledo metropolitan area, this study, using self-reported delinquency, investigated the relationship between alienation and deviant behavior. A positive association between alienation (normlessness and societal estrangement) and self-reported delinquency were observed. The degree of association and the direction still maintained when controlled for the age and sex of the students.     

Gang Activity and Overall Levels of Crime: A New Mapping Tool for Defining Areas of Gang Activity Using Police Records

In this note, a new method for defining gang activity areas based uponpolice records is illustrated using the Chicago Police Department's1996 incident files. This method is based upon standard geographictechniques and uses a uniform grid that divides the city into 150-msquares. It is shown that this technique may be useful both in describinggang activity areas and in describing the spatial distribution of crime inlarge cities. A strong relationship is found between the number of gangsthat are active in an area and the general level of criminal activity.     

Delinquency and alcohol-impaired driving among young males: A longitudinal study

The present study assessed how the trajectory of delinquency affects the growth curve of alcohol-impaired driving using three-waves of data collected from the Buffalo Longitudinal Survey of Young Men (BLSYM). Using the structural equation modeling method, latent growth modeling was utilized to assess four age cohorts of sixteen, seventeen, eighteen, and nineteen years of age at the first wave. The data indicated that the growth rate of delinquency significantly and positively affects the growth rate of alcohol-impaired driving for the respondents who were sixteen at the first wave. The growth rate of drinking was also significantly and positively associated with the growth rate of alcohol-impaired driving for this age cohort. Although the growth rate of delinquency had no significant effect on the growth rate of alcohol-impaired driving for the age cohort which was seventeen at Wave 1, the growth rates of both drinking and drug use did affect for this age cohort. The data, however, showed that alcohol-impaired driving had a significant increase across the waves for the eighteen year old cohort, but there was no significant variation in the rate across respondents. Finally, for the nineteen year old cohort there was no significant increase in alcohol-impaired driving across the waves, and also no significant variation of the growth rate of alcohol-impaired driving across the respondents. These findings indicated that interventions focused on reducing delinquency, alcohol and drug use by sixteen and seventeen year old male adolescents will also reduce their alcohol-impaired driving.     

HIERARCHICAL MANAGEMENT MONITORING: A Regional Data Collection System in Delinquency

We describe a systematic way of collecting and organizing information on juvenile delinquency. Monthly data are collected from agencies such as police, courts, and corrections, by county and city. These data are aggregated into figures for different levels of administrative responsibility (such as counties, districts, areas, states, and region as a whole). Trends in monthly values are automatically detected, and sudden changes in rates are signaled. Agencies at each administrative level receive appropriate feedback of data on rates, trends, and signals.