犯罪心理过程新论——以“故意”为例

目前在研究犯罪心理的过程时,许多学者将起点定位于反社会人格缺陷或不良、畸变的需要,并且由于以信息加工理论为基础的认知心理学目前呈上升发展趋势,导致人们将以“行为”为核心的研究方法误以为研究纯粹的“行为”,从而忽视了罪犯的“人格”或“需要”形成前的原始刺激阶段的作用,仅仅将视点放在归纳和分析多种多样的人格类型和个体特征,使犯罪心理的原因研究陷入异常繁荣但凸显无序的状态。文章引入“原始刺激”为犯罪心理过程的研究起点,强调行为人是经调用负面的认知经验和情绪体验而形成不良的需要,促成犯罪的动机和意志,从而实施犯罪行为的,并非必然先形成缺陷人格。同时通过对犯罪的心理过程进行划分,明确犯罪心理过程的一般演进模式,从而有利于客观准确地把握犯罪心理研究的范围。     

A New Look at the Gender Gap in Offending

Studies of public support for capital punishment have consistently observed a strong and enduring gender gap in the level of death penalty support, with males consistently more inclined than females to support capital punishment. This unexplained relationship has endured over time and space as well as across a myriad of research designs. The present study uses attribution theory in a factorial survey design to account for this relationship. Analyses of data obtained from jurors provide mixed support for attribution theory yet fails to bridge the gender gap in death penalty support. The implications of these findings as they relate to gender, socialization, and attributions are discussed.     

构建新型校园安全防控体系的思考

学校安全是公共安全的重要组成部分,学校安全保卫工作事关师生人身安全和学校的财产安全,事关教育改革、发展、稳定大局。由于校园由封闭型向半封闭型、开放型的发展,校园人数的增多,保卫组织不健全,管理制度不落实等原因,造成校园的暴力型犯罪、火灾、爆炸、中毒等安全问题呈上升蔓延趋势。构建新型的校园安全防控系统,建立校园安全工作的长效机制是当前各级政府、学校亟待研究和解决的新课题。     

持续并创新:物证技术学与侦查学研究新景象

新年伊始,回眸物证技术学及侦查学过去一年的研究,不禁欣然:物证技术学及侦查学的理论研讨持续被关注,实务技术始终受重视,而新成果、新观点更是构成了全年研究的新景象.     

Lawyers' Duty to Do Justice: A New Look at the History of the 1908 Canons

This article examines a long-forgotten controversy about lawyers' duties to evaluate the justice of their clients' causes in civil cases that took place among the members of the Committee of the American Bar Association (ABA) that drafted the 1908 Canons of Professional Responsibility. The article presents an analysis of newly discovered internal working documents of this important, but never before examined, ABA committee, supplemented with primary historical research into the views and backgrounds of the committee's members. The article demonstrates how a clash of perspectives among these men-traceable in part to their backgrounds but also to their unpredictable allegiances to conflicting trends in legal thought at the turn of the century-prevented the committee from reaching a satisfactory resolution on the duty's to-do-justice issue. The committee members instead adopted ineffectual compromise language in the Canons, leaving us with a legacy of concealed ambivalence on the question of lawyers' duty to do justice in civil cases.     

全球化时代的“新行政法”

新行政法源于传统行政法,但又不同于传统行政法,是在内容和形式上都在传统行政法基础上发生了重大变革和演进的现代行政法。新行政法的新体现在其调整范围的新、调整方式和手段的新以及法源形式的新。新行政法形成和发展源于民主化、市场化、信息化、全球化的世界潮流的推动,我国改革开放导致的经济、政治体制和法制模式的重大变革,宪政、人权、法治理念在整个国民意识中的生长和逐步普及,以及我国公法学者与法律实务界的合作与互动。目前,新行政法无论在中国,还是在世界,都还处在不断发展的过程中,其发展趋势如何,有待我们进一步关注和研究。     

Congressional Leadership 1965–96: A New Look at the Extremism versus Centrality Debate

Abstract An examination of the differences between the ideological positions of leaders and other members in the U.S. House of Representatives (1965–96) demonstrates that Republican leaders tend to be significantly to the right of the median Republican member and Democratic leaders tend to be significantly to the left of the median Democratic member. Furthermore, leaders from both parties tend to be ideologically located near the mode of their party's ideological distribution. These empirical results have implications for issues such as party polarization, conditional party government, and the possibility of separating out party and ideology.     

Temporal Limits on the Legislative Mandate: Entrenchment and Retroactivity

According to the general wisdom, legislatures lack both the power to "entrench" their enactments against alteration by their successors and the power to "retroactively" undo the efforts of their predecessors. The author argues that, rather than being in conflict, these principles share a common theme. Legislatures operate as agents of the people under constitutionally defined mandates that are limited in time as well as scope. Actions that transcend—either forward or backward in time—the temporal delegation of authority conferred by periodic elections do not bind the electorate. In the first half of the article the author suggests that an understanding of the rationale behind the entrenchment prohibition can help shed light on a diverse group of issues including congressional power to prescribe internal rules of operation, constitutional amendment procedures, and legislative impairment of contracts. In the second half of the article the author takes issue with the traditional objection to retroactivity grounded on vested rights and unfulfilled expectations. In its place he proposes a theory of retroactivity embodied in republican principles concerning the temporal relationship between the people and their legislative agents.     

At Lake Baikal

The Central Committee of the Communist Party, subsequent to the original publication of the following article and the January 1969 decree of the USSR Council of Ministers, "On Measures for the Preservation and Rational Use of the Natural Ecologies of the Lake Baikal Basin," added its authority to that of the USSR Council of Ministers in a joint decree published by the Soviet press on September 24, 1971. The decree, titled "On Supplementary Measures to Assure the Rational Use and Preservation of the Natural Resources of the Lake Baikal Basin," ordered a wide range of environmental protection measures, including the following which have special relevance to the article translated below:

— the ministries and agencies using the Baikal area's natural resources, as well as the USSR Academy of Sciences, are to accelerate development of measures to create a water protection zone and water use rules;

— the Ministry of the Pulp and Paper Industry was ordered to "complete fully" the construction of purification equipment at the Baikal'sk Cellulose Factory by the end of 1971;

— the same ministry was to assure that equipment be put into operation in 1971 that would use the production wastes of the factory;

— the same ministry was forbidden to put the Selenga Cellulose and Cardboard Combine into operation until "full completion" of the construction of its purification equipment;

— the RSFSR Council of Ministers and individual industrial ministries having plants in the Baikal area were ordered to: (1) verify the construction of purification equipment treating effluent bound for the Selenga River, (2) set deadlines of not later than the end of 1972 for the construction of purification installations in all enterprises subordinate to them, and (3) complete construction by the end of 1973 of municipal purification installations for the wastes of Ulan-Ude, the Buriat Autonomous Republic capital, which has been dumping its untreated sewage into the Selenga River feeding into Lake Baikal;

— the Siberian division of the USSR Academy of Sciences was commissioned to conduct research aimed at organizing the rational use and preservation of the lake area's natural resources;

— the RSFSR Council of Ministers was charged with responsibility for guaranteeing such use and preservation of resources;

— the USSR People's Control Committee was instructed to set up an organizational framework to monitor the effectiveness of environmental efforts in the area and was ordered to make periodic reports to the USSR Council of Ministers on the situation;

— the Buriat, Irkutsk, and Chita party regional committees, the Buriat Republic Council of Ministers, and the Irkutsk and Chita regional soviet executive committees were instructed to intensify their monitoring of environmental measures taken by enterprises and organizations within their territories.