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1.
精神病人的凶杀行为研究(附116例分析)   总被引:6,自引:0,他引:6  
目的 探讨凶杀行为的特征及相关因素。 方法 采用回顾性研究方法 ,对 116例凶杀案例资料进行统计分析。 结果 凶杀行为与患者的性别、年龄、社会经济状况、疾病诊断、精神症状等因素关系密切 ,案发前多有先兆。 结论 加强精神卫生知识的宣传教育和精神卫生立法是预防精神病人肇事、肇祸的有效途径。  相似文献   

2.
法医尸体检案中,判定案件的性质是首要的任务,如系凶杀则侦查部门须全面展开侦破工作,如系自杀或意外只需移交给其它相关部门,进行善后处理工作。近年来随着案件量的不断上升,出现了一些极似凶杀案件的案例。若定性不准就会出现冤假错案。这些案件的性质虽然不是凶杀,但和涉案人总有着千丝刀缕的联系,他们有的是为逃避法律的制裁或处罚,有的是因为害怕,甚至有的是为了保存尸体等等。因此对于此类案件必须慎之又慎,应在尸体检验、损伤判定及包装物的检验等方面全面综合分析,作出正确的定性。1非损伤致死要抓住直接死因为主线此类案件在现场勘…  相似文献   

3.
自杀性犯罪是指自杀犯罪者主观上以自杀的方式采用爆炸、放火、投毒等严重危害人民生命财产安全的暴力手段进行的行为 ,并具有一定的规律性和特殊性。笔者结合 6例尸检资料 ,分析报告如下 :1 案例资料6例案例为某县 1988~ 2 0 0 2年发生的已证实为自杀性犯罪案件。基本情况见表 1、表 2。表 1  6例自杀性犯罪受害者基本情况案例受害人数性别年龄职业文化程度婚否结果1 2女 1男 1 2 9、8 农小学已  1死 1伤2 3女 2男 1 4 9、2 7、3农小学已  2死 1伤3 1女 2 5  农小学已 伤4 1女 2 8  农小学已 死亡5 1女 71  农文盲丧偶死亡6 …  相似文献   

4.
目的 探讨凶杀行为的特征及相关因素。方法 采用回顾性研究方法,对116例凶杀案例资料进行统计分析。结果 凶杀行为与患者的性别、年龄、社会经济状况、疾病诊断、精神症状等因素关系密切,案发前多有先兆。结论 加强精神卫生知识的宣传教育和精神卫生立法是预防精神病人肇事、肇祸的有效途径。  相似文献   

5.
目的 探讨精神分裂症患者的凶杀犯罪行为各个方面的特点。 方法 对 38例具有凶杀行为的精神分裂症患者 ,在心理学、生理学、社会学等各方面进行实例分析。 结果 这些患者在犯罪动机、行为特点、犯罪工具、被害人等诸多方面与正常人的凶杀犯罪有明显的差异。 结论 应加强对精神分裂症患者的诊治 ,普及精神卫生的知识 ,从而预防、控制犯罪。  相似文献   

6.
精神病杀人的行为特征与刑事责任能力评定的影响因素   总被引:1,自引:0,他引:1  
目的探讨精神病凶杀行为特征,分析精神病杀人责任能力评定的影响因素。方法对2002年至2006年72例进行司法鉴定的凶杀案件资料分项列表调查,所得数据用SPSS11.0统计软件对神病杀人的行为特征与刑事责任能力评定影响因素进行相关分析。结果作案行为特征以地点、动机、罪错认识、行为隐蔽性、潜逃、自我保护与责任能力评定结果显著相关;暴力作案刑事责任能力评定量表与々家鉴定结论之间有较高的一致性。结论对凶杀案件行为特征的综合分析,町作为责任能力评定的客观参考依据;暴力作案刑事责任能力评定量表的应用为责任能力评定提供了,相对可靠的客观依据。  相似文献   

7.
凶杀犯罪被害人研究对于全面认识凶杀犯罪具有重要意义 ,本文选取了深圳市和内蒙古自治区 1995年至 2 0 0 0年审结涉及的 170 7例被害人死亡的凶杀犯罪案件作为分析样本 ,对这两个区域的凶杀犯罪被害状况进行综合的描述性分析 ,力图对了解全国的凶杀犯罪被害状况以及展开进一步的深入分析提供材料基础。  相似文献   

8.
本文介绍了雇凶杀人犯罪的特点,对雇凶杀人犯罪中雇主和雇凶的犯罪心理动因进行了较为详细的分析,最后从个体因素和社会因素两个方面对雇凶杀人犯罪心理的成因做了简要的探讨。  相似文献   

9.
王钢 《法学研究》2012,(4):154-174
刑法中认定自杀有主客观两方面要求。在主观方面,被害人不仅应当认识到并且意欲死亡结果发生,而且必须自愿地、也即自主决定地选择了死亡。对于自愿性的判断应当以有效承诺的主观要件为标准。重大的动机错误同样导致不能成立自杀。此外,被害人还必须客观上事实性地支配着直接导致死亡的行为,在将不可逆转地造成死亡结果的最后关键时刻自己控制着事态的发展。自杀本身并非刑事不法行为,教唆或帮助自杀、对自杀者不予救助或者过失导致他人自杀等自杀相关行为也不应受到刑事处罚。  相似文献   

10.
目的探讨精神分裂症患者的凶杀犯罪行为各个方面的特点. 方法对38例具有凶杀行为的精神分裂症患者,在心理学、生理学、社会学等各方面进行实例分析. 结果这些患者在犯罪动机、行为特点、犯罪工具、被害人等诸多方面与正常人的凶杀犯罪有明显的差异. 结论应加强对精神分裂症患者的诊治,普及精神卫生的知识,从而预防、控制犯罪.  相似文献   

11.
The concept of avidyā is one of the central categories in the Advaita of Śaṇkara and Maṇḍana. Shifting the focus from māyā, interpreted either as illusion or as the divine power, this concept brings ignorance to the forefront in describing duality and bondage. Although all Advaitins accept avidyā as a category, its scope and nature is interpreted in multiple ways. Key elements in Maṇḍana’s philosophy include the plurality of avidyā, individual selves as its substrate and the Brahman as its field (viṣaya), and the distinction in avidyā between non-apprehension and misapprehension. A closer investigation shows that Maṇḍana is directly influenced by Bhartṛhari’s linguistic non-dualism in developing the concept of avidyā. This study also compares other key constituents such as vivartta and pariṇāma that are relevant to the analysis of avidyā. As the concept of counter-image (pratibimba) emerges as a distinct stream of Advaita subsequent to Maṇḍana, this study also compares the application of pratibimba in the writings of Bhartṛhari and Maṇḍana.  相似文献   

12.
In his twelfth century alaṃkāraśāstra, the Candrāloka, Jayadeva Pīyūṣavarṣa reverses the sequence of topics found in Mammaṭa’s Kāvyapr-akāśa, an earlier and immensely popular work. With such a structural revisionism, Jayadeva asserts the autonomy of his own work and puts forth an ambitious critique of earlier approaches to literary analysis. Jayadeva investigates the technical and aesthetic components of poetry in the first part of the Candrāloka, prior to his formal semantic investigations in the latter half of the text, thus suggesting that aesthetic evaluations of poetry beneficially inform scientific investigations of language. Jayadeva’s organization of his chapters on the semantic operations, moreover, intimates that the study of suggestive and metaphoric functions of language clarifies our understanding of denotation, which is conventionally understood to be the primary and direct path of verbal designation.  相似文献   

13.
This article argues for a new interpretation of the Sanskrit compound gaṇḍa-vyūha as it is used in the common title of the Mahāyāna text the Gaṇḍavyūha-Sūtra.The author begins by providing a brief history of the sūtra’s appellations in Chinese and Tibetan sources. Next, the meanings of gaṇḍa (the problematic member of the compound) are explored. The author proposes that contemporary scholars have overlooked a meaning of gaṇḍa occurring in some compounds, wherein gaṇḍa can mean simply “great,” “big” or “massive.” This general sense is particularly common in the compound gaṇda-śaila (a “massive rock” or “boulder”) and is found in such texts as the Bhāgavata Purāṇa, the Harivaṃśa and the Harṣacarita. Following the discussion of Gaṇḍa, the author examines the term vyūha (“array”) as it is used in the Gaṇḍavyūha-sūtra. The article concludes with the suggestion that a more appropriate translation of the Gaṇḍavyūha-sūtra would be “The Supreme array Scripture.”  相似文献   

14.
Luminol, leuchomalachite green, phenolphthalein, Hemastix, Hemident, and Bluestar are all used as presumptive tests for blood. In this study, the tests were subjected to dilute blood (from 1:10,000 to 1:10,000,000), many common household substance, and chemicals. Samples were tested for DNA to determine whether the presumptive tests damaged or destroyed DNA. The DNA loci tested were D2S1338 and D19S433. Leuchomalachite green had a sensitivity of 1:10,000, while the remaining tests were able to detect blood to a dilution of 1:100,000. Substances tested include saliva, semen, potato, tomato, tomato sauce, tomato sauce with meat, red onion, red kidney bean, horseradish, 0.1 M ascorbic acid, 5% bleach, 10% cupric sulfate, 10% ferric sulfate, and 10% nickel chloride. Of all the substances tested, not one of the household items reacted with every test; however, the chemicals did. DNA was recovered and amplified from luminol, phenolphthalein, Hemastix, and Bluestar, but not from leuchomalachite green or Hemident.  相似文献   

15.
Huntington (2007); argues that recent commentators (Robinson, 1957; Hayes, 1994; Tillemans, 1999; Garfield and Priest, 2002) err in attributing to Nāgārjuna and Candrakīrti a commitment to rationality and to the use of argument, and that these commentators do violence to the Madhyamaka project by using rational reconstruction in their interpretation of Nāgārjuna’s and Candrakīrti’s texts. Huntington argues instead that mādhyamikas reject reasoning, distrust logic and do not offer arguments. He also argues that interpreters ought to recuse themselves from argument in order to be faithful to these texts. I demonstrate that he is wrong in all respects: Nāgārjuna and Candrakīrti deploy arguments, take themselves to do so, and even if they did not, we would be wise to do so in commenting on their texts.  相似文献   

16.
In the study of Buddhism it is commonly accepted that a monk or nun who commits a pārājika offence is permanently and irrevocably expelled from the Buddhist monastic order. This view is based primarily on readings of the Pāli Vinaya. With the exception of the Pāli Vinaya, however, all other extant Buddhist monastic law codes (Dharmaguptaka, Mahāsāṅghika, Mahīśāsaka, Sarvāstivāda and Mūlasarvāstivāda) contain detailed provisions for monks and nuns who commit pārājikas but nevertheless wish to remain within the saṅgha. These monastics are not expelled. Rather, they are granted a special status known as the śikṣādattaka. In this paper I explore the rules. concerning pārājika penance and the śikṣādattaka with specific regard to monastic celibacy. Given that five out of six extant law codes recognise this remarkable accommodation to the rule of celibacy, I argue that we must look to Vinayas other than the Pāli Vinaya if we are to arrive at a nuanced and representative view of Indian Buddhist monasticism.
Grant me chastity and continence, but not yet. Augustine of Hippo (354–430 C.E.)
  相似文献   

17.
This article traces new cycles of interest in past children as distinct from past childhood. Recent work highlighting that a conceptualisation of childhood existed even in periods with few written records closes the chapter begun by Philippe Ariès in 1960. Instead, there has been a new surge of interest in children on the edges of family life, as well as children in similarly liminal positions between the worlds of adults and children: runaways, delinquents and orphans. Several themes in the literature are identified, based on the conflicting ideas of ‘body/mind’, ‘victim/threat’, ‘needs/rights’. It is noted that researchers are using more imaginative ways of reaching the lived experience of children than the family or institutional framework, and that an increasing link is drawn between historical and modern concerns such as child abuse and the care of ‘at risk’ children.  相似文献   

18.
This article explores the way in which Madhva (1238–1317), the founder of the Dvaita Vedānta system of Hindu thought, reformulates the traditional exegetic practice of nirukta or “word derivation” to validate his pluralistic, hierarchical, and Vaiṣṇava reading of the Ṛgvedic hymns. Madhva’s Ṛgbhāṣya (RB) is conspicuous for its heavy reliance on and unique deployment of this exegetical tactic to validate several key features of his distinctive theology. These features include his belief in Viṣṇu’s unique possession of all perfect attributes (guṇaparipūrṇatva) and His related conveyability by all Vedic words (sarvaśabdavācyatva). Such an understanding of Vedic language invokes the basic nirukta presupposition that words are eternally affiliated with the meanings they convey. But it is also based onMadhva’s access to a lexicon entitled Vyāsa’s Nirukti with which his critics and perhaps even his commentators seem to be unfamiliar.While the precise status of this text is the subject of ongoing debate, Madhva’s possession of special insight into the sacred canon is established in part by his unique claim to be an avatāra of the wind god Vāyu and a direct disciple of Viṣṇu Himself in the form of Vyāsa1. Thus, Madhva’s use of nirukta invokes his personal charisma to challenge not only conventional understandings of the hymns but traditional exegetic norms. Madhva’s provision of an alternative tradition of nirukta provoked sectarian debate throughout the Vijayanagara period over the extent to which one could innovate in established practices of reading the Veda. Articulating the Veda’s precise authority was a key feature of Brahmin debates during this period and reflects both the empire’s concern with promoting a shared religious ideology and the competition among rival Brahman sects for imperial patronage that this concern elicited. By looking at how two of Madhva’s most important commentators (the 14th-century Jayatīrtha and the 17th-century Rāghavendra) sought to defend his niruktis, this article will explore how notions of normative nirukta were articulated in response to Madhva’s deviations. At the same time, however, examining Madhva’s commentators’ defense of his niruktis also demonstrates the extent to which Madhva actually adhered to selected exegetic norms. This reveals that discomfort with Madhva’s particular methods for deriving words stemmed, in part, from a more general ambivalence towards this exegetical tactic whose inherent open-endedness threatened to undermine the fixity of the canon’s very substance: its language. Vyāsa’s Nirukti is one of several ”unknown sources” cited in Madhva’s commentaries whose exact status continues to be debated. Some scholars (e.g. Rao, Sharma, Siauve) maintain that these texts are part of a now lost Pāṅcarātra tradition that Madhva is attempting to preserve. This may be true for many of these citations. However, in addition to claiming to be both an avatāra of Vāyu and Viṣṇu-as-Vyāsa’s student, Madhva states in several places (e.g., VTN 42, RB 162) that the canon has suffered loss during transmission and that only Viṣṇu can reveal it in its entirety. Thus, it is possible that Madhva intends texts like Vyāsa’s Nirukti to be viewed as part of an ongoing and corrective revelation, a notion that is compatible with many Vaiṣṇava traditions (Halbfass, 1991: 4).  相似文献   

19.
The concept of avidyā or ignorance is central to the Advaita Vedāntic position of Śȧnkara. The post-Śaṅkara Advaitins wrote sub-commentaries on the original texts of Śaṅkara with the intention of strengthening his views. Over the passage of time the views of these sub-commentators of Śaṅkara came to be regarded as representing the doctrine of Advaita particularly with regard to the concept of avidyā. Swami Satchidanandendra Saraswati, a scholar-monk of Holenarsipur, challenged the accepted tradition through the publication of his work Mūlāvidyānirāsaḥ, particularly with regard to the avidyādoctrine. It was his contention that the post-Śaṅkara commentators brought their own innovations particularly on the nature of avidyā. This was the idea of mūlāvidyā or ‘root ignorance’, a positive entity which is the material cause of the phenomenal world. Saraswati argues that such an idea of mūlāvidyā is not to be found in the bhāṣyas (commentaries) of Śaṅkara and is foisted upon Śaṅkara. This paper attempts to show that although Śaṅkara may not have explicitly favoured such a view of mūlāvidyā, his lack of clarity on the nature of avidyā left enough scope for the post-Śaṅkara commentators to take such a position on avidyā.  相似文献   

20.
《Science & justice》2022,62(6):785-794
This paper considers whether the adoption of a subject-specific, classroom-based, voluntary extra-curricular student mentoring scheme could provide an effective mechanism and andragogic approach to enhance higher education students’ employability potential pre-graduation.Over the three-year pilot, 26 more advanced (second to fourth year) undergraduate students actively mentored nearly 400 first year undergraduate students during workshops delivered annually within forensic and policing focused courses. In total, 17 mentors anonymously completed online, post-scheme surveys. Survey data was quantitatively analysed to evaluate the scheme, establish which skills and attributes mentors had developed and investigate whether mentors could appropriately identify example skills within professional terminology used during employer recruitment. In addition, this paper reflects on the implementation of remote student mentoring during the COVID-19 pandemic and its adoption within a blended learning framework.The results from this research strongly support mentoring as an effective mechanism to develop undergraduate employability skills, significantly developing mentors’ self-confidence and self-efficacy in their interpersonal and communication skills. Although mentors were aware of university graduate attributes and thought they could evidence these with appropriate examples, in practice this was not necessarily the case. As a result, a framework is proposed to enable mentors to identify their skills and how they may align with competencies sought by relevant forensic and policing employers. However, other andragogic practices may need to be implemented to maximise the potential for successful graduate employment.  相似文献   

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