THE CHINESE MODEL OF THE RULE OF LAW

China’s project of the rule of law is destined to have its Chinese characteristics. China also needs to think about of the way of developing its own model of the rule of law so as to achieve a rule of law society that is universal in modern society. Many rule of law countries, such as England, Germany and France, started their rule of law project with their own model. China should learn from the merits of these different models. Nevertheless, China should also try to solve the key problem of the rule of law, which is the energizing of the enforcement of the Chinese Constitution.     

A THRESHOLD MODEL OF COLLECTIVE CRIME

The group nature of offending has been recognized as an inherent characteristic of criminal behavior, yet our insight on the decision to engage in group crime is limited. This article argues that a threshold model offers broad appeal to understand this decision. After discussing the basis of this model and its applicability to collective crime, we offer one example of the kind of research that could stem from this model. Specifically, by using survey data from 583 university students, this study asked respondents to self‐report thresholds for group theft and destruction of property. By experimentally manipulating characteristics of the hypothetical scenario used to measure thresholds, we investigated both the individual‐ and situational‐level correlates of these self‐reported thresholds. The discussion considers the results that emerge from a Tobit regression model and offers suggestions for future research that would provide further refinement of the threshold model.     

PARENT EDUCATION AS A DISTINCT FIELD OF PRACTICE

The proliferation of educational programs for separated and divorcing parents has created an emerging field of practice. This article examines core questions of professional responsibility, accountability, standards, and practices that must be addressed to advance the development of the field.     

实验性心脏挫伤动物模型的建立

本研究应用自制机械式弹性拉力打击器以9．1～10．5m／s速度冲击动物胸骨心前区，不仅导致左右心室压力、心电图及心率发生改变，而且造成了心脏挫伤等宏观的病理形态学变化，成功地建立了心脏挫伤动物模型，为深入研究钝力性心脏外伤奠定了基础。     

关于审判监督程序的回顾与思考

<正>民事案件种类众多,情况复杂,任何国家和地区的法官审结的民事案件,都不可能保证百分之百的完全正确无误,有的可能在认定事实上有误,有的可能在适用法律上有误,有的可能在运用法定程序上有误,即使在有些国度法官不负责认定事实,但不能说在适用法律、运用程     

学徒制VS学院制 诊所法律教育的产生及其背后

<正>……法律实践与判案不是科学,而是艺术,是律师和法官的艺术。任何一门艺术中只有很少一部分是可以从书本上得到的,无论是绘画、写作还是法律实践。一门艺术最好的教育方式通常是在这门艺术实践中有着很高技巧的人的指导下进行学徒式的训练。这种方法在美国法学教育中曾被采用过。现在我们需要恢复这种方法。——杰罗姆·弗兰克(Jerome Frank)     

INCORPORATION OF UNCITRAL MODEL LAW ON INTERNATIONAL

Globalization has enabled China to rationalize and institutionalize its economic and political system. China has been quite successful in accommodating globalization in its legal reform. As China becomes one of the important trade players in the international market, the commercial disputes between Chinese companies and foreign trade-partners to be resolved through the arbitration are arising substantially. To an extent, China’s accession to the World Trade Organization (WTO) has sped up its legal reform in the past decades. However, there are some deficiencies with respect to the mechanism and legislation of China’s arbitration law that arguably is not responsive to the norms of the United Nations Commission on International Trade (UNCITRAL) Model Law (1985) and its Amendment (2006). This paper provides an overview of arbitration in China from the legislative and practical perspectives, covering the arbitration’s evolution history and problems before and after 1994. The paper focuses on some important issues in China’s Arbitration Law (“CAL”), evaluating its legislative defects which are inconsistent with the Model Law and its Amendment, clarifying how the Model Law was incorporated into China’s CAL. Some legislative amendments are recommended for CAL’s modernization and its practices, to align it with international arbitration norms in the future.     

开拓汗潜手印显现的新领域

系统论述了JHF-系列荧光粉末和JHC-系列荧光磁性粉显现汗液指纹的理论基础和主要特点,比较了与金属粉末显现手印的不同效果,列举了在不同客体和不同留痕条件下显现的汗潜手印的方法.     

AN ERRORS-IN-VARIABLE MODEL OF THE EFFECT OF POVERTY ON URBAN HOMICIDE RATES

Inconsistent findings on the relationship between poverty and violent crime have led some authors to question the presence of a structural relationship. There is reason, however, to believe that many of the existing estimates are biased because measures of poverty contain errors which are confounded with disturbances in the estimated models. In this paper we specify and estimate a model which accommodates the measurement error and provides an instrumental variable estimate of the effects of poverty on homicide rates in the 49 largest cities in the U.S. Compared to similar OLS estimates, the instrumental variable estimates are much larger and fit a model in which poverty increases the homicide rate. The results are similar when homicides are divided into four types: family homicides, other primary homicides, robbery homicides, and other-felony homicides     

THE SOCIAL STRUCTURE OF VENGEANCE: A TEST OF BLACK'S MODEL*

The current research tests Black's (1990) model of vengeance through interviews with prison inmates. Drawing on a case‐control method, each respondent describes a matched pair of conflicts: the crime of vengeance and a similar nonviolent conflict from the same time period. The quantitative data are used to estimate the impact of conflict structure on conflict management. Conditional logistic regression models offer mixed support: relational distance and functional independence increase the odds of vengeance, but the remaining theoretical variables do not. The qualitative data are used to illustrate the quantitative patterns and unearth parallels between premodern and modern violence.     

TESTING A RATIONAL CHOICE MODEL OF AIRLINE HIJACKINGS*

Using data that combines information from the Federal Aviation Administration, the RAND Corporation and a newly developed database on global terrorist activity, we are able to examine trends in 1,101 attempted aerial hijackings that occurred around the world from 1931 to 2003. We have especially complete information for 828 hijackings that occurred before 1986. Using a rational choice theoretical framework, we use continuous‐time survival analysis to estimate the impact of several major counterhijacking interventions on the hazard of differently motivated hijacking attempts and logistic regression analysis to model the predictors of successful hijackings. Some of these interventions use certainty‐based strategies of target hardening to reduce the perceived likelihood of success. Others focus on raising the perceived costs of hijacking by increasing the severity of punishment. We also assess which strategies were most effective in deterring hijackers whose major purpose was related to terrorism. We found support for the conclusion that new hijacking attempts were less likely to be undertaken when the certainty of apprehension was increased through metal detectors and law enforcement at passenger checkpoints. We also found that fewer hijackers attempted to divert airliners to Cuba once that country made it a crime to hijack flights. Our results support the contagion view that hijacking rates significantly increase after a series of hijackings closely clustered in time—but only when these attempts were successful. Finally, we found that the policy interventions examined here significantly decreased the likelihood of nonterrorist but not that of terrorist hijackings.     

A PROSPECTIVE TEST OF A CRIMINAL CAREER MODEL*

In an earlier article in this journal, Barnett, Blumstein, and Farrington (1987) formulated a model that described the criminal careers of the multiple offenders in a cohort of London males that had been studied from their 10th to 25th birthdays. That model involved two subpopulations of offenders (denoted as “frequents” and “occasionals”), each characterized by a constant annual conviction rate (μ) and a constant probability (p) of terminating the career following a conviction. This article describes the results of a prospective and predictive test of the model using new data collected on the same offenders from their 25th to 30th birthdays. The original model accurately predicted the number of recidivists, the degree of recidivism risk, the total number of recidivist convictions, and the time intervals between recidivist convictions. However, the predictions for the frequents suffered some distortions introduced by a few “intermittent” offenders who seemed to have terminated their careers, but who re-initiated offending during the test period after a long gap.