职务犯罪预防教育的若干思考

思想教育作为犯罪一般预防的重要内容，在职务犯罪预防中同样起着不可或缺的作用，然而当前的职务犯罪预防教育存在着诸多问题，影响并制约着教育的实效。为了满足当今预防职务犯罪的需要，应当着眼于以人为本，做到多策并举，从警示教育、忠诚教育、文化进补、加强调适等多个方面，力求提升教育在职务犯罪预防中的“贡献率”，从而使思想教育真正成为职务犯罪的一道坚实防线。     

房屋拆迁权的滥用与预防

房屋拆迁权的行使是否合法 ,是一个被立法和理论研究遗忘的问题 ,其合法性应从实体要件和程序要件两个方面评定。拆迁行为是否符合社会公共利益 ,是判定拆迁是否符合实体要件 ,以及是否被滥用的唯一标准。公共利益的层次性 ,是解决房屋拆迁权冲突的法理依据。行政救济是房屋拆迁权合法的程序要件 ,应当在房屋拆迁前实施行政听政制度 ,并允许拆迁当事人提出行政复议和行政诉讼。     

TREAD: A Promising Change-Target for Partner Abuse Prevention with Adolescents

There is consensus in the partner abuse prevention education literature that a skills-focus is needed. However, appropriate instruments for evaluating the effectiveness of skills-focused programs do not exist. Against this background, and based on the dyadic slippery slope model of partner abuse, the Tendency to Resist or End Abusive Dynamics (TREAD) scale was developed. TREAD is defined as one’s tendency to respond assertively or protectively in situations involving warning-sign (potentially hurtful or controlling) behaviors by a partner. The scale’s development drew on the input of three Australian samples: mixed-gender adolescent focus groups, 426 young female respondents to an online survey, and 152 adolescent girls participating in a school-based program trial. When tested with the 152 adolescent girls, the TREAD scale had acceptable internal consistency and high inter-rater reliability. Principal components analysis identified three interrelated TREAD subscales (i.e., Conflict-Retaliation TREAD, Denigration TREAD, and Dominance-Possessiveness TREAD) all of which were negatively associated with frequency of exposure to warning-sign behaviors. This paper charts the preliminary development of the TREAD scale, presenting evidence supporting its validity as a change-target for partner abuse prevention education with adolescent girls and, potentially, boys.     

美国虐童防控对策研究

虐童是全球的普遍现象,美国儿童也深受其害.美国的虐童现状堪忧,原因错综复杂.虐童不仅会造成孩子身体上的伤害,还会对孩子造成心理上的伤害,这种伤害要持续很长时间甚至一生.针对此,美国形成了应对虐童的综合性防控体系,有着严格的法律保障、系统的组织保障和充足的资金保障,形成了主动先发的前瞻性预防模式,把虐童预防的重点放在了整个社会的综合预防.实践证明,美国的这种综合性防控虐童对策具有良好的防控效果.     

Comparison of Abuse Alleged by Same- and Opposite-Gender Litigants as Cited in Requests for Abuse Prevention Orders

Domestic violence is commonly portrayed as something male batterers do to their female victims. Much research excludes study of female-perpetrated violence. This study develops a two-gender measure of abuse as documented by requests for protection. All nonimpounded Abuse Prevention Orders (M.G.L. c. 209A) issued in Massachusetts' Gardner District Court in the year 1997 were analyzed by gender to examine the level and types of violence alleged by plaintiffs. The level and types of violence were categorized and measured by examining Abuse Claimed Checkboxes found on each Complaint for Protection and by applying quantitative scales to affidavits, or plaintiff statements, filed as part of each request for protection. Despite widespread misconceptions that tend to minimize female abuse, examination of these court documents shows that male and female defendants, who were the subject of a complaint in domestic relation cases, while sometimes exhibiting different aggressive tendencies, measured almost equally abusive in terms of the overall level of psychological and physical aggression.     

毒品滥用行为网络防控体系的多维建构

毒品滥用行为的网络化为其防控带来了新的命题,传统的防控体系愈发难以适应网络空间的特性,亟需根据空间要素、主体要素、对象要素的新变化构建科学的网络防控体系。在模式维度,应推动刑事政策由"重刑治毒"转向"打早打小",推动法律体系分纵向、横向两个角度实现网络化。在主体维度,应肯定网络服务提供者的独立地位,使其与毒品滥用者、毒品贩卖者、主管部门在毒品滥用行为网络防控中产生有效互动。在客体维度,应当构建毒品与毒品信息并行的二元对象模式,并且推动对象防控的信息化。     

氯胺酮滥用对中枢神经系统的毒性作用

近年来氯胺酮滥用问题日益突出,本文从氯胺酮的药理学特点、滥用后对相关中枢神经系统的毒性作用以及涉及到的神经递质来阐述可能的作用机制,为遏制氯胺酮的滥用提供相关的资料。     

The Effect of Childhood Sexual Abuse on Psychosexual Functioning During Adulthood

The study examined whether and how characteristics of childhood sexual abuse and disclosure influenced three dimensions of psychosexual functioning—emotional, behavioral and evaluative—during adulthood. The sample included 165 adults who were sexually abused as children. The General Estimating Equation was used to test the relationship among the predictors, moderators and five binary outcomes: fear of sex and guilt during sex (emotional dimension), problems with touch and problems with sexual arousal (behavioral), and sexual satisfaction (evaluative). Respondents who were older when they were first abused, injured, had more than one abuser, said the abuse was incest, and told someone about the abuse were more likely to experience problems in at least one area of psychosexual functioning. Older children who told were more likely than younger children who told to fear sex and have problems with touch during adulthood. Researchers and practitioners should consider examining multiple dimensions of psychosexual functioning and potential moderators, such as response to disclosure.     

滥用专利权与滥用专利制度之辨析——从日本“专利滥用”的理论与实践谈起

专利制度的滥用不同于专利权的滥用,前者是专利制度的缺陷导致的,后者是权利人行使合法有效的权利超越了权利的范围或者违反了专利法以及竞争法的强制规定而发生的.因此,规制专利权滥用的法律并不能解决"问题专利"以及专利制度滥用的问题.对专利制度的滥用只能通过完善专利制度本身来解决.     

知识产权保护与防止滥用

随着我国市场经济的不断发展和知识产权法律制度的完善,知识产权保护与防止知识产权滥用成为十分现实的问题.我国当前知识产权工作的重点究竟应该是加强知识产权保护,还是强化禁止知识产权滥用,对此一直存在争议.事实上,知识产权滥用问题在我国客观存在,我国现行知识产权法律制度在防止知识产权滥用问题上与 《TRIPS协定》存在明显差距,亟需修改和完善.我们应认清知识产权保护与知识产权滥用的含义,厘清知识产权滥用的不同法律层次,充分利用反不正当竞争法和反垄断法的调整方式,保持知识产权保护与社会公众利益的平衡.     

Crime trends and the effect of mandated drug treatment: Evidence from California's Substance Abuse and Crime Prevention Act

The Substance Abuse and Crime Prevention Act (SACPA), implemented statewide in California in July 2001, mandates drug treatment rather than incarceration for certain nonviolent drug offenders. Critics of the legislation suggest that crime increased as a result of the legislation, but researchers have largely ignored this issue. Utilizing time series methodology applied across several independent data sets from Orange County, California, the effects of SACPA on crime were assessed. Results indicate that significant increases in commercial burglaries and paraphernalia arrests may have been attributed to SACPA, but the overall pattern does not support a conclusion that crime increased markedly.     

Victims With Voices: How Abused Women Conceptualize the Problem of Spousal Abuse and Implications for Intervention and Prevention

Working from the conceptualization of abused women as both victims of and experts on spousal abuse, this study compares how women who have been abused, and how men and women with either less direct or no experience with spousal abuse, understand the problem and their beliefs about how it should be addressed. Results of a telephone survey of Philadelphia adults (N = 1,850) indicate that although in many ways abused women's opinions regarding domestic violence do not differ from those of nonabused women, abused women are more likely to believe that society gives tacit consent to abusive behavior through its silence and that talking openly about the problem will make it easier to solve. These findings suggest that initiatives aimed at changing the social norm around domestic violence may assist in both intervention and prevention efforts.     

论专利权滥用行为的法律规制

随着科技的发展和技术贸易量的加大 ,专利权滥用行为的问题日益突出。专利权作为一种合法的垄断权 ,其被滥用同样会损害他人及公共的利益 ,构成对专利法等民事法律立法宗旨的违背和对反垄断法的违反。本文对专利权滥用行为理论进行了一般分析 ,并对世界主要国家与我国专利权滥用控制法律制度作了比较研究 ,在此基础上 ,提出了建立我国专利权滥用行为反垄断法控制制度的相关建议。     

Adolescent Physical Abuse: Age at Time of Abuse and Adolescent Perception of Family Functioning

The relationship between physical abuse and family functioning was investigated in a comparative study of victims of adolescent physical abuse. The sample consisted of 99 physically abused adolescents and 99 nonabused adolescents who were administered the Parental Bonding Instrument (PBI) and Family Adaptability and Cohesion Evaluation Scale (FACES III). These measures assess family functioning in terms of adolescents' perception of their family's cohesiveness, flexibility, and the degree to which their parents provide care and protection. The relationship between family functioning and physical abuse, severity of abuse, and date of abuse onset was investigated. Abused adolescents perceived their families as significantly less adaptable, less cohesive, and less balanced than the comparison adolescents. Fathers and mothers of abused adolescents were viewed as less caring; abuse group fathers were also viewed as more overprotective. Family functioning was not different when childhood-onset abuse was compared to adolescent-onset abuse. Severity of abuse also did not differ in the childhood and adolescent onset groups. It was concluded that physically abused adolescents view their families as rigid, and their parents as emotionally unavailable. Treatment needs and intervention strategies for these families are outlined.     

Understanding Elder Sexual Abuse and the Criminal Justice System's Response: Comparisons to Elder Physical Abuse

A great deal of research has considered the dynamics of sexual assault and the way that sexual assault cases are processed and handled in the criminal justice system. Most of this research has focused on sexual assault cases involving younger victims. Very little criminological research has considered the dynamics of elder sexual abuse. To fill this void, the current study uses a sample of 127 elder sexual abuse cases and 314 elder physical abuse cases to shed some light on the dynamics of elder sexual abuse and the way the justice system processes these cases. Attention is also given to the way that the processing of elder sexual abuse cases can be distinguished from the processing of elder physical abuse cases. Results show that a wide range of elder sexual abuse cases are committed and these cases are processed differently than elder physical abuse cases. Implications are provided.