Prosecuting Juveniles as Adults

In Minnesota, the 1980 legislature statutorily defined a class of juvenile offenders presumed on the basis of age, alleged offense, and record of prior felony offenses to be unfit for treatment in the juvenile court. In this article we evaluate the effect of Minnesota's revised waiver statute by comparing cases in which waiver proceedings were initiated and in which transfer occurred for two time periods, before and after adoption of the legislatively defined presumptive criteria. Our findings suggest that the objective criteria adopted by the Minnesota legislature are not, in themselves, an adequate means for selecting juveniles for transfer to adult court. The criteria identify many juveniles whose records on close examination do not appear to be very serious and fail to identify many juveniles whose records are characterized by violent, frequent, and persistent delinquent activity.     

增强未成年人法制观念的对策思考

据统计我国18岁以下的未成年人约有3．67亿，占总人口的28％。面对新的形势，加强和改进未成年人法制教育工作，增强未成年人的法制观念、预防未成年人违法犯罪现象的发生已成为一项紧迫的任务。本文试图围绕增强未成年人法制观念的实现途径，进行思考，对于深化未成年人法制教育和法治实践，具有重要意义。     

The Nature of Programs Used in Response to Delinquent Behavior Among Juveniles

The history of responses to juvenile misconduct indicates that a wide variety of approaches have been used. Even prior to the establishment of the first juvenile court at Cook County, Illinois, in 1899 some alternatives were attempted in an effort to deal with younger offenders. A major premise underpinning the establishment of juvenile court jurisdiction during the early 1900's was to provide a wider range of options by selecting effective responses that would operate in the best interests of the child. To a large extent, this search continues today. In this paper the focus is only on public offense and status offense cases. We will not examine other areas of responsibility such as welfare services for youth, child abuse, neglect and foster care.

An examination of programs in existence reveals a high degree of diversity. The literature on this topic is quite scattered and there are few organized means available by which to compare and contrast so many different programs. A purpose of this paper is to provide students a framework by which to view various courses of action that have characterized responses to misconduct among juveniles. Considering interventions according to (1) focus, (2) process, (3) degree of restriction, and (4) vehicle provides a basis for comparing and contrasting the many different programs in existence.

Liberal use of specific examples of more recent programs are included that reflect contemporary thought as well as possible future direction. Readers should note that the aim is not to evaluate whether a given program is effective. However, contrary to Martinsons' insistence that “nothing works,” Ross and Gendreau provide examples of programs that have demonstrated effectiveness. Examples utilized in this paper were selected from among those indicating positive results.     

道德对企业经营有多重要？

企业道德与企业经营，这是一场博弈，优秀的企业能够很好地去平衡。但是，道德作为一种软性的要素，必须融入到企业的经营管理中，才能真正地体现它的作用     

论组织未成年人违反治安管理犯罪之思考

2009年2月28日通过的《刑法修正案》（七）中第8条将组织未成年人进行盗窃、诈骗、抢夺、敲诈勒索等违反治安管理活动的行为作了以罪论处之明确,这无疑是对刑法在维护社会秩序以及保障未成年人的身心健康发展方面有着十分积极的价值作用,也对遏制不法组织未成年人从事违反治安管理活动是一个刑法意义补苴。下面我们围绕本文主题及引起的思索展开三个方面的讨论,以供同仁赐正。     

Enforcing Morality

In debating Patrick Devlin, H. L. A. Hart claimed that the “modern form” of the debate over the legal enforcement of morals centered on the “significance to be attached to the historical fact that certain conduct, no matter what, is prohibited by a positive morality.” This form of the debate was politically important in 1963 in Britain and America, and it remains politically important in these countries today and elsewhere; but it is not the philosophically most interesting form the debate can take. An older form of the debate appealed to natural law or critical morality. It centered on the question of whether political authorities could properly use the criminal law to enforce critical morality, including prohibitions on conduct that was not harmful or disrespectful to others. This paper engages with this older form of the debate. It offers some reasons for thinking that there is a presumption in favor of the view that it is a proper function of the criminal law to enforce critical morality, including that part of critical morality that is not directly concerned with preventing harm or disrespect to others. It then defends this presumption against some arguments recently pressed by Ronald Dworkin.     

未成年人侵权行为及其责任

对未成年人的侵权责任问题,学界见仁见智。我们有必要对未成年人的侵权行为构成要件和责任做深入探讨,切实保护未成年人的合法权益。     

法律对道德支持的原因分析

法律和道德相互联系、相辅相成。法律与道德的共性为道德的法律支持提供可能性。道德仅靠自己所拥有的手段无法有效地解决本身所面对的一些道德问题,这使得法律支持道德成为必要且极具现实意义。     

Morality and Law

Abstract. The controversy over law and morality between positivists and normativists is largely a result of failure on both sides to understand the idea of authority. The author argues that Plato, Aristotle, Aquinas and Hobbes held a common notion of legal authority that was distinctively moral. They all saw the virtue of law (and the source of legal obligation) in the equal protection it provides for all against the disorder to which passion makes men vulnerable, and not in the justice of its provisions. Michael Oakeshott, among contemporary theorists, best illustrates this approach to a resolution of the differences between positivists and normativists.     

高校计算机基础教学改革探讨

高校计算机基础教学担负着信息技术在各学科领域的普及和应用任务。当前高校计算机基础教学模式存在一些问题,为使当代大学生具备应有的知识和能力,计算机基础教学应采用创新模式新框架,以力求探索一条适合现代教育环境下高校计算机基础教学改革之路,为创造复合型人才提供一个良好的环境。     

未成年人刑事案件社会调查制度论纲

未成年人一般具有极强可塑性。如果法官的判决是有利于其改过自新的,则此种基于刑罚个别化的判决对该未成年人而言,无疑是再社会化和预防犯罪的良方。蕴涵人格调查的社会调查制度应当是形成前述判决的基础。在我国少年司法制度尚不完备的当下,应以该制度的正当性为基点展开研究,以期运用于少年刑事司法实践。     

论未成年人犯罪前科应予消灭——一个社会学角度的分析

以社会学为视角,并结合刑法中前科及前科消灭理论进行分析,犯罪标签的存在和前科报告制度的影响,我国法律规定的未成年犯罪人的前科保护制度基本上不能消除前科对未成年犯罪人的不利影响,而这些不利影响的存在极可能导致未成年犯罪人刑罚执行完毕后之再社会化的失败,使其重新走上再犯之路,因而应明确消除未成年犯罪人的前科记录.