论我国“隐蔽作证”制度的建构

"隐蔽作证"作为证人出庭作证的一种特殊方式,也是证人保护的一项重要措施,在国外的立法和司法实践中得到了广泛的体现.从我国证人保护的现状来看,借鉴"隐蔽作证"制度具有很大的必要性和可行性.通过对"隐蔽作证"的适用对象、实施程序和法律保障机制的探索,有利于健全我国证人保护制度,促进证人出庭作证的实现.     

Risk Factors for Male Sexual Aggression on College Campuses

Risk factors for college male sexual aggression that were both theoretically and empirically based were tested using multivariate regression analyses. These included substance abuse patterns, pornography consumption, negative gender-based attitudes, and child sexual abuse experiences. Regression analyses indicated that some gender attitudes, pornography use, and alcohol abuse were significant predictors of perpetration of sexual violence. Although a number of men were sexually abused as children, this risk factor did not predict sexual aggression as an adult. Many men reported alcohol-related sexual coercion and held many rape-supportive attitudes and beliefs. These practices by college men contribute to the prorape cultures found on many campuses. Strategies are needed to identify and intervene with high-risk men to prevent sexual victimization of women in college.     

Non-Response Bias with a Web-Based Survey of College Students: Differences from a Classroom Survey About Carrying Concealed Handguns

Internet-based and e-mail surveys represent viable administrative methods for efficiently collecting data. These methods appear to be particularly well-suited for studying college student populations, a group that has gained attention from criminologists interested in testing theories. An important concern with administering surveys with the Internet and via e-mail is that of non-response bias. Despite the appeal of online surveys, nonresponse bias associated with these methods has not been sufficiently investigated. The study described here estimates nonresponse bias associated with a web-administered survey that measured opinions about changing concealed handgun carrying laws on college campuses, items likely to elicit polarizing opinions. Results show important substantive differences between web-administered and in-class versions of the survey. Students who responded to the web survey expressed more extreme opinions and behavioral responses to a proposed policy that would allow concealed handgun carrying on campus. Survey researchers who utilize web-based administrative methods should consider using multiple sources of leverage when soliciting participation and must carefully evaluate sample representativeness.     

Sexual Assault Resource Availability on Texas Higher Education Campuses: A Web Site Content Analysis

Sexual assault prevention and response remains a high priority for U.S. higher education institutions. Indeed, federal legislation and a recent White House task force have reiterated the importance of protecting college students from victimization during their tenure in postsecondary education. Informed by Eisenberg, Lechner, Frerich, Lust, and Garcia's (2012) content analysis, the current study uses a modified College Resources and Sexual Health (CRaSH) inventory to examine the status of 74 Uniform Crime Reports–reporting higher education institutions in Texas. Doing so assesses prevention, resources, response, and aftercare for victims of sexual assault. Findings demonstrate a primary reliance on target-hardening strategies, health clinics, and law enforcement responses, often to the neglect of advocacy, crisis intervention, and educational programs. Directions for research are discussed, and best practices in programming implementation to augment existing strategies are suggested.     

Dutch Private International Law: The 2001 Act Regarding Conflict of Laws on Torts

Netherlands International Law Review -     

超越恐惧:基于老年死亡态度的视角

老年心理健康是老龄化社会的重要研究课题,而探讨老年心理健康离不开研究老年死亡态度。文章系统梳理了老年死亡态度的结构和特征、影响因素及其与心理健康的关系。分析了恐惧管理理论对老年死亡态度研究的影响。从轻视死亡接受、缺少理论整合、研究方法单一、忽视文化差异、逃避根本难点等五方面对老年死亡态度研究进行了评价。     

Peer Reactions,Peer Behavior,Student Attitudes,and Student Deviance: a Comparison of College Students in Japan and the USA

This study presents evidence on the cross-cultural generalizability of differential association/social learning theory by testing whether the causal processes of learning attitudes toward deviance, posited by the theory, are equally applicable, and the causal links, specified by the theory, are equally strong in two diverse cultures—the USA and Japan. Drawing on the literature concerning cultural variability in individualism-collectivism, we predicted that the effects of peer reactions to deviance and peer deviance on a person’s attitudes toward deviance should be stronger in Japan than in the USA, and that the mediating effect of a person’s attitudes on the relationship of peer reactions and peer deviance to a person’s deviance should be weaker among Japanese than among Americans. Analyses of comparable survey data from college students in the USA (N?=?625) and Japan (N?=?591) provide generally supportive, but somewhat mixed, evidence regarding our predictions. In both countries, peer reactions to deviance predicted student attitudes toward deviance more strongly than did peer deviance. Peer deviance strongly predicted student deviance, while peer reactions to deviance predicted less strongly, and the effects were mediated by student attitudes in both countries. Contrary to the hypotheses, peer reactions and peer deviance did not predict student attitudes more strongly in Japan than in the USA. Also, peer deviance predicted student deviance more strongly in the USA than in Japan. In agreement with the expectations, the relation between student attitudes and student deviance was stronger in the USA than in Japan.

     

The Attitudes Toward Prostitution Scale: preliminary report on its development and use

The Attitudes Toward Prostitution Scale (ATPS) assesses the beliefs of men who purchase sex from prostitutes. Items for the ATPS were administered to a U.S. multisite sample of 1,001 men who had been arrested for soliciting an undercover police officer and subsequently referred to a psychoeducational program. Principal axis factor analysis was conducted, and it yielded three valid factors: Social/Legal Support of Prostitution, Beliefs About Prostitutes, and Family Values Related to Prostitution. Scale-item reliability was assessed with Cronbach's alpha on a second independent sample of 74 men, which offered data to support ATPS internal consistency and reliability. Based on these results, scale scores were standardized for practical use in research and clinical applications, and interpretation norms were established for a population of men who buy sex. A brief case example illustrates the practical use of the ATPS for assessment and intervention planning for customers of sex workers.     

拓展立法空间:经济特区授权立法若干关系思考

针对人们对中国经济特区授权立法存在意义提出的质疑 ,通过对经济特区授权立法与上位法、世贸规则、政策、政府及利益团体等若干关系的分析 ,指出中国经济特区授权立法仍有其存在的意义和价值 ,问题是经济特区授权立法主体如何在现行立法体制规制范围内 ,因应时代发展的要求 ,谋求其发展的空间 ,使经济特区授权立法更上新台阶。经济特区授权立法主体充分发挥授权立法权特有的优势与功能是解决这些问题的有效途径和措施 ,而利益制衡机制的设置则是使经济特区授权立法利用自身优势拓展立法空间得以顺利进行的保证。     

The Impact of the 1994 Federal Assault Weapons Ban on Gun Markets: An Assessment of Short-Term Primary and Secondary Market Effects

The reactions of the gun market, including those of producers, wholesalers, retailers, and consumers, play an important role in shaping the potential impact of gun control policies on gun crime. As a case in point, this paper examines the federal Violent Crime Control and Law Enforcement Act of 1994, which bans a group of military-style semiautomatic firearms (i.e., assault weapons). Using a variety of national and local data sources, we assess the short-term (1994–1996) impact of the assault weapons ban on gun markets, examining trends in prices and production of the banned weapons in legal markets and assessing the availability of the banned weapons in illicit markets as measured by criminal use. Prices of assault weapons rose substantially around the time of the ban's enactment, reducing the availability of assault weapons to criminal users in the very short run. However, a surge in assault weapon production just before the ban caused prices to fall in the months following the ban. Implications of the findings for assessing this and other gun control policies are discussed.     

Social Disadvantage and Family Violence: Neighborhood Effects on Attitudes about Intimate Partner Violence and Corporal Punishment

Social disorganization theory asserts that neighborhood composition affects levels of violence within the community. The purpose of this article is to analyze the bivariate effects of social disorganization, crime, and collective efficacy, in addition to the individual factors of gender, race, and a history of child maltreatment, on the acceptance of using violence within the family. Data from the Norfolk Police Department (2000–2004), 2000 Census, and 2006 Norfolk Residents’ Attitudes about Crime Survey were used to determine differences in approval of family violence. Results indicated that approval for family violence is an individual-level phenomenon as well as a community-level occurrence. Various aspects of family violence elicit different levels of tolerance by both micro- and macro-level characteristics. Implications are discussed.     

The Effect of Victim Attitudes and Behaviors on Sexual Assault Victimization Severity: An Examination of University Women

The current study investigates a number of theoretically relevant victim characteristics to determine their impact on sexual assault victimization severity. Ordinary least squares regression analysis of survey responses from a sample of 204 university women indicated significant relationships between many of the variables of interest and increases in victimization severity. In particular, risk-taking behavior, delayed victim response strategies to sexual risk, increased number of lifetime sexual partners, and more frequent exposure to pornographic media significantly correlated with increasingly more severe forms of sexual assault. Future research directions and policy implications are discussed.     

Impact of Juror Attitudes about the Death Penalty on Juror Evaluations of Guilt and Punishment: A Meta-Analysis

This literature review summarizes the existing research examining how the attitude a potential juror has toward the death penalty impacts on the probability of favoring conviction. The summary of 14 investigations indicates that a favorable attitude toward the death penalty is associated with an increased willingness to convict (average r = .174). Using the binomial effect size display, this favorable attitude towards the death penalty translates into a 44% increase in the probability of a juror favoring conviction.     

The Riddle of "Inalienable Right" in Article IV of the Treaty on the Non-Proliferation of Nuclear Weapons: Intentional Ambiguity

Traditional treaty interpretation is based on the propositionthat there exists a clear legislative intention and thus an"interpretable" treaty provision. Yet, revisiting the Treatyon the Non-Proliferation of Nuclear Weapons travaux préparatoiresof Article IV of the inalienable right reveals a strong intentionof the dominant negotiating States to advocate ambiguity. Asa result, even countries that made efforts to clarify the draftArticle IV, eventually found themselves satisfied, or compromisedwith the ambiguity of the text. An "interpretable" Article IVof the "inalienable right" is thus not achievable. It is maybethe time to rethink the "art" of treaty interpretation in resolvingthe riddle of the "inalienable right".