"无讼"法律文化与中国公众的法律认同

"无讼"作为中国传统法律文化的重要价值取向,对当代中国公众的法律认同,产生了许多方面的消极影响,从而导致公众的狭隘工具性法律认同、单一性法律认同和对法律的不认同.但同时,"无讼"法律文化对当代中国公众的法律认同,也有许多方面的积极影响和有益的启示.它对社会安定与秩序的追求,是人们产生法律认同的基本前提.我们可以批判地借鉴它对传统道德、民间习惯等社会调节手段的运用,从而建立法律的内在权威,促进公众的自觉认同;它所推行的多规则统治模式,有利于我们避免"法律万能主义"的非理性认同,建立对法律的理性认同.我们在法治化进程中,要坚持"权利本位"的宗旨,提供良好法律产品;执政党和政府要厉行法治,做法律认同的典范;进一步促进国家法律对民间规则、习俗的认可、接纳力度,使法律成为公众内心习惯的一部分,增强法律的亲和力.     

Family Law,Parents with Disabilities,and the Americans with Disabilities Act

Parents with disabilities contend with bias within the family law system, often threatening their custody and visitation rights. The overarching goal of this article is to explore the experiences of parents with disabilities involved in custody and visitation disputes and the application of the Americans with Disabilities Act (ADA) in these cases. This article begins with an overview of parents with disabilities and their interactions with the family law system. Next, the article examines the ADA and its applicability to custody and visitation disputes. Finally, the article offers thoughts about strategies that can be utilized by attorneys to ensure that the rights of parents with disabilities are protected.     

Elderly widows and widowers and their coresidents in late 19th- and early 20th-century England and Wales

This article examines the family and household patterns of widowers and widows in England and Wales between 1891 and 1921 in terms of the proportion of widowers and widows who lived with never- or ever-married children, servants, or inmates, with nonrelatives only, or on their own. The absence of marked change between 1891 and 1921 in the frequency with which elderly widowers and widows lived with a married or never-married child are in line with the Laslett [J. Fam. Hist. 12 (1987) 263.] expectation that family patterns evolve only slowly, certainly much slower than the forces of political and economic change. Where changes can be detected, as in the decline in frequency of coresidence with servants or inmates, these changes were experienced by the younger as well as the older widowed and by married people. Apparently, the residence patterns of the elderly widowed changed due to the introduction of means-tested old-age pensions in 1910. A second investigated is the extent to which the socioeconomic environment influenced the residence patterns of the widowed in a given time period. The effect in general proves to be weak with little difference between one environment and another in the frequency with which widowers coresided with their children and evidence of gender balancing of the household (relatively more widows living with sons and more widowers with daughters) visible only in agricultural environments.     

刑事政策的精神:惩治犯罪与促进社会发展的统一

惩治犯罪与促进社会发展的统一是刑事政策的精神。新中国成立以来,随着情势变迁,刑事政策审时而变。新中国的基本刑事政策经历了由"镇压与宽大相结合"至"惩办与宽大相结合",再至"宽严相济"的演进历程。镇压与宽大相结合刑事政策,主要针对反革命分子适用,其精神内涵是:镇压反革命,巩固新政权;恢复国民经济,保障三大改造。惩办与宽大相结合刑事政策则适用于所有的犯罪分子,并成为新中国第一部刑法典的立法指针,其精神内涵是:惩治各类犯罪,保障改革开放。在构建"和谐社会"的语境下,宽严相济的刑事政策应运而生,其精神内涵是:打击犯罪与保障人权相统一;以宽济严,构建和谐社会。三种基本刑事政策,不仅仅是在时间上的接续,而且就具体精神内涵而言,后者都是对前者的传承与超越,但总体精神都是惩治犯罪与促进社会发展相统一。     

Visualizing Indented Writing on Thermal Paper by the Controlled Application of Heat

Indented writing on thermal paper made with either one, two, or three sheets of paper above the thermal paper has been visualized by the controlled application of heat to the thermal paper at temperatures below the paper's normal color change temperature. Indentations created by applying a variable pressure to a steel letter stamp showed that, with one sheet above the thermal paper, indentations were more visible at lower pressures than with either two or three sheets above. Handwriting from 20 volunteers produced indented writing graded with most of the text clear and easy to read for all samples with one sheet above, half the samples with two sheets above and eight samples with three sheets above. Comparison with ESDA showed that, with three sheets above, there was a statistically significant difference (p < 0.01), with heating producing more samples than ESDA with most of the text clear and easy to read.     

三联体亲权指数的统一算法及其扩展应用

目的介绍一种在生母参与情形下,孩子与被鉴定人间常用亲缘关系指数的统一算法。方法以计算三联体亲权指数（paternity index in trios,PIT）的公式为基础,分析不同亲缘关系指数计算公式中的公因子,并以此公因子对不同情形下PIT计算公式进行统一描述,采用叔伯指数定律和亲缘系数（r）将上述PIT统一计算公式扩展至祖孙、半同胞、叔侄及第一代堂兄弟等不同情形下的亲缘关系指数的运算。结果以状态一致性等位基因的频率倒数加1为公因子,在引入亲缘系数（r）的情形下,获得了可计算在生母参与时,孩子与被鉴定人间任意亲缘关系指数的两个公式。结论在生母参与情形下,孩子与被鉴定人间亲缘关系指数的统一算法简化了运算过程,有利于编程实现批量计算。     

CURRENT TRENDS IN THE DEVELOPMENT OF THE CHINESE SOCIAL SECURITY SYSTEM FOR PEOPLE WITH DISABILITIES

The Law on the Protection of Disabled Persons is the first social security legislation in China, with more than 50 laws directly related to the legal protection of the rights of persons with disabilities and career development for people with disabilities. In terms of employment protections for people with disabilities, it is important to focus on effective legal implementation, utilizing legal rulings to limit employment discrimination against people with disabilities. Educational protections are an important precondition for enabling people with disabilities to live with dignity; it should be guaranteed that people with disabilities are provided “reasonable accommodation” in educational conditions. A barrier-free environment is a necessary condition for social integration of people with disabilities. At the same time, it also benefits other members of the society such as the elderly. Through rehabilitation and exercise, most people with disabilities can return to the society to a significant degree. China should gradually expand the legislative scope of rehabilitation service fee reductions and legal categories of auxiliary appliances, issuing guiding documents that provide specifications for the relevant “dormant” legal provisions.     

The Relationship Between Mental Disorders and Types of Crime in Inmates in a Brazilian Prison

This cross‐sectional study conducted in prisons in the city of Salvador, Bahia, Brazil, investigated the association between the presence of psychiatric disorders in 462 prisoners and the types of crimes committed by them. Psychiatric diagnosis was obtained by means of the Brazilian Portuguese version of the Mini‐International Neuropsychiatric Interview. A statistically significant association was found between some psychiatric disorders and specific groups of crime: lifelong substance addiction with sex crimes and homicide; antisocial personality disorder with robbery and with kidnapping and extortion; borderline personality disorder with sex crimes; and lifelong alcohol addiction with fraud and conspiracy and with armed robbery and murder. It was concluded that the mental disorders considered more severe (psychosis and bipolar disorder) were not associated with violent crimes, suggesting that the severity of the psychotic disorder may be the factor that has caused psychosis to be associated with violent crimes in previous studies.     

Perception of and Satisfaction with Relationship Power,Sex, and Attachment Styles: A Couples Level Analysis

Eighty heterosexual dating couples provided information about their gender, individual histories of abuse in their current relationship, attachment styles, perception of and satisfaction with relationship power. Partner report of physical abuse was the dependent variable. APIM actor results suggest that an individual's gender interacts with perceived level of relationship power and satisfaction with relationship power for physical abuse. Both dimensions of attachment interacted with perceived relationship power for physical abuse. Partner effects were also found. One's partner's sex interacted with perceived power and satisfaction with relationship power. Finally, the partner's avoidant attachment interacted with satisfaction with relationship power. These findings generally replicate and extend the work of H. M. Ronfeldt, R. Kimerling, and I. Arias (1998, J. Marriage Fam. 60: 70–78) by showing how attachment styles, perception of relationship power, and satisfaction with relationship power are related in predicting aggression against a romantic partner.     

从规范执法到诉讼证据——以检察机关侦查讯问全程同步录音录像为视角

检察机关讯问犯罪嫌疑人全程同步录音录像在刑事诉讼中具有证据的属性,而且,不会突破现行法定证据种类。赋予全程同步录音录像证据效力,对检察机关既是机遇,也有挑战。赋予全程同步录音录像证据资格,必须规范全程同步录音录像的制作过程,确立统一的技术规范、确定事前告知义务、完善始后全程和档案保存制度等。全程同步录音录像作为证据,基于其特殊性,应该在示证提起权、举示决定权、示证过程等方面作特别规定。     

慢性乙醇中毒脑β-淀粉样前体蛋白与外伤性蛛网膜下腔出血死亡的关系

目的观察大鼠慢性乙醇中毒下脑组织轻微伤后β-淀粉样前体蛋白(β-amyloid precursor protein,β-APP)的表达,探讨乙醇中毒与外伤性蛛网膜下腔出血(traumatic subarachnoid haemorrhage,TSAH)死亡的相关性。方法雄性SD大鼠60只,随机分为灌水组、灌水打击组、灌酒组、灌酒打击组。灌酒组以食用酒连续灌胃4周,打击组予脑震荡打击,各组大鼠脑组织行HE、免疫组织化学染色,组织病理图像系统量化分析检测结果。结果灌水组脑无异常;灌水打击组全脑神经元轻度水样变性;灌酒组脑表面可见血管纹理,神经纤维排列稍疏松、间隙增大;灌酒打击组脑表面弥漫性淤血,脑干周围多见厚层斑片状TSAH,轴索不规则断裂。灌酒组额叶、海马、小脑、脑干β-APP IOD值高于灌水打击组及灌酒打击组。结论慢性乙醇中毒脑组织的耐受性明显下降,轻微损伤情况下即可引起致死性TSAH和神经病理学变化。     

Assessing police treatment in Ecuador: the view of satisfied and disaffected female serious offenders

This empirical study examines procedural justice perceptions among 51 female serious offenders in Ecuador, with the aim of identifying differences between those women who were satisfied with law enforcement and those who were not. The results demonstrate that when women were treated with courtesy and respect, and their rights were acknowledged, they felt satisfied with the police, in a way that they did not give importance to the irregularities they observed while arrested and in custody. On the other hand, the majority of women participants were dissatisfied with the police. Their dissatisfaction with, and lack of trust in, the authorities affected their desire to cooperate with police activities. The study also demonstrates that, although the Ecuadorian police force has made considerable efforts in promoting citizens’ trust during the last 7 years, corruption and illegal police conduct when dealing with offenders are far from uncommon.     

Fingerprint reagents with dual action: color and fluorescence

We define "dual fingerprint reagents" as chemical formulations that produce with latent fingerprints in one stage impressions that are both colored and fluorescent. Solutions containing ninhydrin and group IIb metal salts appear to be true dual reagents. Application of these formulations to latent fingerprints on paper is as efficient as the two-step process beginning with ninhydrin and followed by treatment with metal salt. In the color mode, fingerprint detectability with the two ninhydrin-metal salt reagents (one with zinc chloride and the other with cadmium chloride) is comparable with that of ninhydrin itself, in spite of the difference in color. The sensitivity is significantly higher in the fluorescence mode. To view the latent impressions the exhibits are treated with ninhydrin-metal salt reagents and observed under white light illumination and under fluorescence conditions. Cooling to liquid nitrogen temperature enhances the fluorescence considerably. In the shorter wavelength domain, ninhydrin-metal salt reagents exhibit higher sensitivity than the recently reported dual reagent, genipin. The latter is advantageous, however, in the longer wavelength domain, on paper items with strong self-fluorescence, such as brown wrapping paper or paper printed with fluorescent ink. Upon reduction of the ninhydrin concentration 10-fold, ninhydrin-metal salt formulations become purely fluorogenic reagents; no color is noticed but the fluorescence is as intense as with concentrated solutions. Working at lower concentrations is an advantage from ecological and economical viewpoints.     

论法治政府的标准

法治政府的评价标准,是法治政府建设目标的进一步具体化、展开和延伸,也是衡量一个国家法治政府实现程度的标尺。评价一个国家法治政府的实现程度包含四个方面的标准,即法治政府的价值标准、职权范围标准、行政体制构造标准和依法行政的标准。     

全球化、身份政治与法律

美国弗吉尼亚理工大学校园枪击案引发了身份对当代人和当代社会深刻影响实施的思考。身份的连带责任效应表明,拥有某种身份的人所实施的违反道德或法律的行为必然会连累到其他拥有相同身份的人。身份的搭便车效应表明,拥有某种身份的人所做出的高尚或伟大的行为可能会惠及到其他拥有相同身份的人。身份的刻板印象效应表明,社会上形成的对某一身份的刻板印象会影响拥有该身份的个人的命运和社会地位。法律上的很多制度,包括连带责任制度、结社自由制度、反歧视制度等,与身份的这些效应和影响之间存在着密切的关系。     

Procedural justice in mental health court: an investigation of the relation of perception of procedural justice to non-adherence and termination

Mental health courts (MHCs) operate on the principles of procedural justice (PJ). PJ highlights the importance of process over outcomes in encounters with authority. Subjective perceptions of having voice, being heard by decision-makers, and being treated with respect and concern by figures of authority are influential in assessment of fairness and in cooperation with decisions, regardless of favorability of the outcome. In this paper, we investigate MHC participant perception of PJ in interactions with MHC staff and the association between perceptions and recidivism (i.e. time in jail, new arrests, and probation violations), treatment adherence, and MHC termination. Participants from two MHC programs (n?=?80) took part in this study. Results suggest that perception of PJ during interactions with the entire MHC team is significantly associated with program termination, but not with participant behaviors during MHC. Implications for MHC practitioners and researchers are discussed.     

海洋命运共同体思想的内涵和实践路径

海洋命运共同体思想是人类命运共同体思想在海洋领域的细化,反映了国际海洋法的发展趋势和价值目标。它创造性的继承并发展了和而不同思想以及共同体思想,为全球海洋治理提供了新的价值指引。海洋命运共同体是共同体成员基于海洋共识和共同的海洋利益产生认同感和归属感,通过在海洋领域的共同合作形成的联合体,包括海洋政治、安全、经济、文化和生态命运共同体。中国在区域可以通过实施多边海洋行动,构建区域海洋命运共同体,实现区域合作关系的升级。海洋命运共同体是超越民族和国家的海洋观,中国在全球可以通过构建海上丝路命运共同体、提升国际制度性话语权和形成国际海洋法律新制度来践行海洋命运共同体思想。     

中国特色社会主义法治理论:思想根基、主要特性与学科定位

中国特色社会主义法治理论作为中国特色社会主义法治体系的理论化表达,作为一种新型的理论形态,可以从三个方面来认知。首先,从思想源流来看,马克思主义法律思想是中国特色社会主义法治理论的思想根基。其次,从理论个性来看,中国特色社会主义法治理论的主要特性包括中国性、政治性与学术性。从学科定位来看,中国特色社会主义法治理论既是法学学科体系中的一个组成部分,同时也代表了法治理论谱系中的一种最新形态。把握中国特色社会主义法治理论的思想根基、主要特性与学科定位,既是创新和发展中国特色社会主义法治理论的前提,也是坚持和完善中国特色社会主义法治体系的前提。     

Is delusional ideation a critical link in the nexus between personality disorder and violent offending?

Evidence suggests that consideration of personality disorder (PD) severity, incorporating both externalising and internalising features of PD, might help to clarify the PD – violence relationship; moreover, that separate developmental pathways might link externalising and internalising personality pathology with criminal violence. This study of 96 forensic patients with confirmed PD and a history of violent offending addressed the question of whether delusional ideation, measured by the Peters Delusions Inventory, might play a significant role in the link between severe PD and criminal violence. Severe PD, defined by summing scores across DSM-IV PD criteria, was significantly associated with delusional thinking, with violence, and with high levels of both externalising and internalising personality features. Delusional thinking was associated with violence via internalising but not externalising PD features, suggesting that the link between severe PD and violence may be partly mediated by delusional thinking.     

"Theory of Mind" and Executive Functioning in Forensic Patients with Schizophrenia

Abstract:  Previous studies in forensic patients with schizophrenia have shown that delinquent patients may outperform nondelinquent patients with regards to "theory of mind" (ToM). Findings were, however, confounded by a lack of control for executive functioning. We examined 33 forensic patients with schizophrenia regarding ToM, intelligence, executive functioning, and psychopathology. Results were compared with a nonforensic schizophrenia sample and a group of healthy controls. Both patient groups performed more poorly on most measures compared with controls. Forensic and nonforensic patients did not differ in task performance. In the forensic group ToM correlated inversely with "excitement" and cognitive symptoms. When "excitement" was covaried out, forensic patients outperformed nonforensic patients with regards to ToM. This study supports the hypothesis that schizophrenic patients with a criminal record are equally impaired in their ability to infer mental states compared with nonforensic patients, but for different reasons associated with a divergent psychopathological profile.