CNKI中关于“干部教育培训组织管理有效性”的研究

提高干部教育培训组织管理的有效性,是干部教育培训改革的重要着力点。近年来,理论界和各级各类干部培训机构围绕这一问题进行了卓有成效的探讨,取得了许多可贵的成果。本文以CNKI中搜索到的相关成果为研究对象,运用文献计量学的方法,从文献来源数据库、发表年度和出版来源、作者单位及研究成果资助与主题观点的角度进行分析,通过分析综述目前研究的主要方面,发现研究中存在的问题,为深入研究此问题提供参考。     

近20年我国青少年需要研究综述

近20年来,我国学者从理论思辨和实证研究的角度,围绕青少年需要的结构、特征及其发展趋势等问题域,从不同的理论框架入手,提出了不同时期青少年需要的特征.研究状况表明:青少年的需要问题没有受到应有的重视,既有的研究也存在着对心理的整体观和等级结构性重视不够;对研究中提出的青少年需要的种类缺乏清晰的界定;对青少年需要特征和结构的验证性研究和反思性研究不够等不足.青少年需要研究,在方法论上必须走现象学和实证法相整合的道路.在理论基础上应当借鉴东西方关于人的需要的基本理论或思想,从需要的共性出发把握青少年的需要.在研究途径上要重视青少年需要的生态化研究.     

Reengineering the Child Support Scheme: An Australian Perspective on the British Government's Proposals

After years of problems with the Child Support Scheme in Britain, the Government has decided to attempt reform again, less than four years after a previous major change was implemented in 2003. The author evaluates these reform proposals, drawing upon his experience in leading a recent major review of child support policy in Australia. While many of the reform measures offer a sensible way forward for child support policy, Britain risks going backwards in terms of community acceptance of the child support obligation. The Government needs to consider the likely impact of its policy settings on private agreements about child support. Ways are proposed both to protect the Treasury and to promote the wellbeing of children by adopting different policy settings that ensure the resident parent has an incentive to bargain for the level of child support required by the new formula. The new formula itself is evaluated in the light of the international research on the costs of children. Ways are also suggested for developing a co-ordinated approach across government to the provision of support services for parents who do not live together.     

刍议企业法人与国际移民法学的研究对象

随着世界政治、经济、文化的交融与发展,国际移民问题日益成为国际法学界关注的对象。鉴于国际移民法学的研究对象以往都局限于自然人的跨国流动,本文认为,国际移民法学的研究范畴还应扩大,应探讨将＂企业法人＂纳入国际移民法规范的对象之列。     

Computers in criminal justice — Realising the potential

Computers have been used in most parts of the Criminal Justice System for many years and for a wide range of applications. Despite this, it remains the case that whereas computerization has brought about some improvements in administrative or clerical efficiency, the overall impact on the Criminal Justice System has been small. This paper summarises the current extent of computerisation in criminal justice, outlines the direction in which current developments are moving, and tries to forecast how computers might be used to greater effect to improve the criminal justice process.The paper is based on experience gained both from research and development work by the author in this country, and from research carried out in the United States.     

Accuracy of Dental Age in Nonadults: A Comparison of Two Methods for Age Estimation Using Radiographs of Developing Teeth

This research tests the accuracy of two methods for age estimation, Cameriere's European formula and AlQahtani's London Atlas, on a multi‐population American sample. Digitized radiographs of 360 European American, Hispanic, and American Indian children aged 6–17 years were analyzed. The accuracy of these methods was assessed using the mean and absolute mean difference of the residuals. Results indicate that Cameriere's European formula underestimated age for both sexes, with a mean difference of ?1.19 years for girls and ?1.32 years for boys, prompting the first author to create an American‐specific formula. The London Atlas underestimated age with a mean difference of ?0.18 years for girls and ?0.16 years for boys. Sex and ancestry had no significant affect on accuracy. The results indicate that both methods can be used for age estimation in an American population.     

Ethical issues in international biomedical research: an overview

Human subjects research has been the focus of numerous controversies over the years. The dilemma lies between the potential harm to individuals who participate in research and the knowledge to be gained from the research study that might benefit society. When research is conducted in developing countries by researchers and sponsors from the United States and other industrialized countries, differences in history, culture, politics, wealth, and power between the countries give rise to unique challenges. In this Article, the author identifies several ethical issues to be considered when research is conducted in developing countries and provides the legal and ethical framework for their resolution.     

违法性认识研究

违法性认识是刑法中的一个重要问题,在刑法理论上存在违法性认识要与不要两派观点的对峙。本文对违法性认识理论的演变过程进行了系统梳理,对大陆法系主要国家关于违法性认识立法的演变进行了阐述,重点分析了我国刑法理论中关于违法性认识的争论。作者认为,违法性认识是罪责的规范要素, 因而对于罪责的构成来说是必要的。当然,如何认定违法性认识是一个值得研究的问题。     

关于创设“继任犯”理论的构想

基于封约三年内先後出现的三个类似疑案的研究，笔者首次发现了这类犯罪是除犯罪预备、犯罪未遂、犯罪中止之外的又一种“不完整一罪”犯罪形态，首次提出了“继任犯”理论，有效解决了“继任犯”定罪乱、处罚乱问题。     

Criminology as social control science: State influence on criminogical research in Canada

The focus of this paper is on the relationship between criminological research and government practices regarding research funding. Specifically, two major modes of funding criminological research in Canada are examined:Contract Research and Grant Research. After presenting the case that government policy directions and the government's methods of funding criminological research have significant effects on the types of research that are conducted in this country, the argument is made that criminologists interested in conducting state funded research should first ask themselves the fundamental question of who is likely to benefit from the results of such research. Revised version of a paper presented at the Canadian Law and Society Association Meetings, Quebec City, 1989. The author would like to thank several colleagues for comments made on earlier drafts of this paper, with special thanks to M.A. Kandrack and K.R Grant.     

经验传统与历史选择:英国早期人权进程分析

英国历史经常出现于学者们的视野中 ,但从人权的角度对其早期历史进行的研究尚不多见。之所以选取这一进路是希望通过本文对英国早期人权进程之初步探究 ,以期收到抛砖引玉之效 ,故不揣浅陋 ,见笑于方家。本文认为 ,英国人的人权进程具有早发性、经验性、稳定性、渐进性等不同于其他国家的特点。这与英国特殊的传统文化背景及地理环境有关系。从《自由大宪章》开始 ,到《权利请愿书》、《人身保护法》 ,再到《权利法案》 ,英国人权的早期历史发展状况 ,正证明了这一点。     

Misusing informed consent: a critique of limitations on research subjects' access to genetic research results

Express denials of access to genetic research results are being drafted into consent instruments. Some commentators suggest that the principle of beneficence can justify such a denial of access. This paper provides an ethical and legal critique of the use of consent instruments to disclaim responsibility for on-going disclosure by genetic researchers. Currently, the law of torts provides only weak protection for on-going disclosure for research subjects. The most substantive rights are to be found in the law of fiduciary obligations. The author concludes that, notwithstanding arguments to the contrary, there should be a presumption of disclosure in genetic research, unless the research subject elects otherwise. The author outlines one possible exception to this general presumption.     

Educational Research and the Protection of Human Subjects

Educational research is increasingly subject to legal restrictions designed for the protection of human subjects of research. In this article the author discusses legal restrictions–both in the courts and under HEW regulations–on educational research, comparing these restrictions with those on biomedical research. He finds that although educational research in particular instances may give rise to suits for damages for invasion of privacy or intentional infliction of psychological distress, the legal issues relating to educational research will most often be resolved in proceedings before institutional review boards charged by HEW with the responsibility for passing upon proposals to conduct research on human subjects. He argues that the interests protected in proceedings before institutional review boards are not limited to those that have received judicial recognition in suits for damages. The author finds that the requirement that the informed consent of subjects be obtained presents difficult issues for educational research. He notes in particular the problems presented by research proposals that as an element of the research design contemplate the observation of subjects without their knowledge and the use of children as research subjects.     

Demographic aging: a notion to revisit.

"The article analyzes the concept of ?demographic aging', why ?age 60' (years) was chosen as a threshold for the start of ?aging', and how these notions have been applied in France. Since the nineteenth century, tremendous changes have occurred in the meaning of ?age 60', both in terms of the social and familial roles a person of that age is expected to play, and in terms of expectations regarding such persons' productivity. The author argues that the notions of ?demographic aging' and ?age 60' have been conducive to a negative portrayal of old age, have served as a hindrance in the development of social policy towards aged people, have played a role in reducing the number of active people over 55 years, and have reduced medical research on the processes of aging."     

Embryonic stem cell research: one small step for science or one giant leap back for mankind?

At the forefront of modern debate over the ethical use of biotechnology is embryonic stem cell research. In this poignant analysis of its legitimacy, the author examines the history of this research in light of the United States' policy favoring the protection of human beings over scientific progress. Stem cells, which can divide in culture to create specialized cells in the human body, possess significant potential for curing disease, particularly when taken from human embryos. However, as evidenced by the research atrocities committed under the Nazi regime, the benefits of human research do not come without a cost to humanity. Recognizing this, the later trial of these scientists produced the Nuremberg Code, a set of natural law principles guiding future research on humans that continues to influence health policy decisions. Drawing on this background, the author first considers the appropriate legal status for a human embryo. Biologically, the characteristics of a human embryo place it between human tissue and a constitutional person. Judicially, the answer is even less clear. The author analyzes case law in the context of abortion and in vitro fertilization, as well as classifications by the common law, state legislation, and the National Bioethics Advisory Commission, to conclude that a human embryo should be subject to the same legal and ethical restrictions as any other "human subject." Accordingly, the author argues that embryonic stem cell research violates the ethical standards and purposes of the Nuremberg Code and should be banned by federal legislation. Such a prohibition will fulfill the societal policy choice of protecting potential life and vulnerable human subjects.     

Lessons learned writing digital forensics tools and managing a 30TB digital evidence corpus

Writing digital forensics (DF) tools is difficult because of the diversity of data types that needs to be processed, the need for high performance, the skill set of most users, and the requirement that the software run without crashing. Developing this software is dramatically easier when one possesses a few hundred disks of other people's data for testing purposes. This paper presents some of the lessons learned by the author over the past 14 years developing DF tools and maintaining several research corpora that currently total roughly 30TB.     

论死刑的替代措施——以我国刑法立法为基点

我国在一定时期内不可能全面废除死刑,但由于我国已经签署联合国《公民权利与政治权利的国际公约》,因而应当将死刑罪名控制在有限的范围内。我国现行刑法对68种犯罪规定了死刑,主张废除其中的56种犯罪的死刑,保留其中12种犯罪的死刑。在废除56种犯罪的死刑后,除传授犯罪方法罪、组织卖淫罪这两个罪的死刑规定明显不合理,不属于废除死刑后采取替代措施的外,对其他54种废除死刑的犯罪均应以25年不得假释或者减刑后服刑期不得少于25年的无期徒刑作为其替代措施。     

The concept of desert and its influence on simulated decision makers' sentencing decisions

The concept of desert (the principle that punishment should be made proportional to the severity of the crime committed) is introduced against its philosophical and legal background. Discussion focuses on the role of desert in contemporary sentencing reform proposals and the relationship between desert and other goals of legal punishment. Previous empirical research has addressed a between-offense conception of desert and suggests proportionality does control individuals' responses to crimes differing in severity. Our research focuses on the operation of desert within offenses (or the balance of harm done and punishment deserved for the individual offender) within the context of crimes of increasing severity. Six experimental simulations varied the relativity of victim/offender suffering prior to sentencing. Results show that for a minor crime punishment is an inverse monotonic function of offender suffering, but for crimes of moderate and high severity only excessive offender suffering successfully mitigated punishment. The source of offender suffering made no difference, supporting earlier work by Kalven and Zeisel; suffering exerted no effect on conviction decisions. Overall results are viewed as demonstrating the influence of both within-and between-offense conceptions of desert and the importance of the symbolic and moral blame components of legal punishment.Work on this research was supported by a Russell Sage Foundation Law and Social Science Residency Fellowship awarded to the author. This paper is based in part on a paper delivered at the American Psychology-Law Society meetings, Chicago (1975). The author would like to thank Mary Kristine Utne, V. Lee Hamilton, and an anonymous reviewer for their many helpful comments on an earlier version of this paper.