伪证罪若干问题研究

我国<刑法>关于伪证罪的规定可以说是对伪证行为的有力打击,但细究关于该罪名的立法,在适用领域、主体范围、追诉程序及证明规则的规定上仍欠科学性.笔者主张,在对<刑法>修改时应扩大伪证罪的适用领域,将被害人、单位纳入伪证罪的主体范围,并删除记录人;在对<刑事诉讼法>修改时,应完善、确立对该罪的追诉程序和证明规则.     

Dispositional Sensitivity to Befallen Injustice

Dispositional Sensitivity to Befallen Injustice (SBI) is proposed as a new construct. A self-report questionnaire with four types of indicators (frequency, intensity of anger, intrusiveness of thoughts, punitivity) was developed for measuring SBI. Using structural equation modeling and the general rationale of multitrait-multimethod analysis, the convergent and discriminant validity of this questionnaire was investigated vis-à-vis measures for Trait Anger, Anger In, Anger Out, and Frustration Tolerance as related constructs. Additionally, a meaningful pattern of correlations was obtained between SBI and Life Satisfaction, Centrality of Justice, Interpersonal Trust, and Need for Control. Finally, self-reported sensitivity to befallen injustice was found to predict cognitive, emotional, and behavioral reactions to unjust treatment in laboratory and natural settings several weeks later.     

冤案是如何发现的

真正意义上的冤案是终审判决有罪,但实际上被定罪人未实施被认定的罪行的案件。以云南杜培武"故意杀人案"为代表的43个冤案进入再审程序的过程表明,我国刑事冤案的发现都带有一定的偶然性。其根本原因在于现行冤案申诉筛选机制没有很好地起到筛选冤案的作用。因此,应该在对国外三种申诉筛选模武进行比较分析的基础上,结合我国实际情况,提出设立独立的申诉案件复查委员会来统一受理、审查和筛选冤案申诉。     

From Unfulfilled Wants to the Experience of Injustice: Women's Sense of Injustice Regarding the Lopsided Division of Household Labor

The present research deals with factors that contribute to women's sense of injustice regarding the lopsided division of household labor. The proposed model of perceived injustice combines elements of the distributive justice framework of Major (1993) and Thompson (1991), the two-factor model of relative deprivation (Crosby, 1982), and the attribution-of-blame model of judgments of injustice (Mikula, 1993). The results of a study with 132 employed women are consistent with the proposed model and show that unfulfilled wants, perceived violations of entitlement, and attributions of blame directly affect women's perceptions of being unjustly treated by their partners. Beyond that, women's judgments of injustice were indirectly affected by the outcomes of various comparison processes through their impact on perceived violations of entitlement. Finally, attributions of responsibility and perceived lack of justifications contributed indirectly to the experience of injustice through their impact on the amount of blame attributed to the partner. The findings provide evidence for the usefulness of the theories considered in this study to understand and predict women's sense of injustice, and their integration into a single model of perceived injustice.     

Injustice in harm and loss

The major topics of this overview article are as follow: (i) A distinction is made between justice and deservedness. Suffered harm and loss may be judged undeserved with respect to the victim's prior behavior, prior life, and personality without the implication that a victimizer is identified who acted unjustly. (ii) The perception of injustice is outlined as a subjective construction that has two major components: The subject selects and applies one of several rules or principles of justice applicable to the case and the subject is attributing responsibility to an agent or agency who is not the victim himself or herself. It is argued that in every case there are several options for the selection of a rule of justice and for the attribution of responsibility. (iii) Several so-called risk factors of critical life events as unforeseeability, uncontrollability of events, and nonnormativeness of events are reinterpreted as factors relevant in the subjective construction of injustice. (iv) Several coping strategies reported in the literature on critical life events such as palliative comparisons, self-blame, or search for meaning are interpreted as efforts to avoid feelings of injustice. (v) On the basis of empirical data a closer look is taken on self-blame which, psychologically, is a heterogeneous construct. The effects of self-blame depend on its function: When used strategically as a means to avoid feelings of uncontrollability of one's fate or to reduce feelings of hostility toward a victimizer, it may have adaptive functions. When imposed by the subjective view of the facts it may result in feelings of guilt, shame, or anger about an avoidable mistake, feelings that are not adaptive but rather add to the negative balance caused by the primary loss or harm. (vi) Concerning search for meaning, a distinction is proposed between (a) grasping the meaning in the sense of understanding motives, goals, and reasons of the victimizer and (b) discovering and construing some gains in the consequences of a victimization, gains which may be material, social, experiential, self- and personality-related, or developmental. While finding meaning of the second kind improves the loss-gain balance and tends to reduce the perceived injustice the first kind of grasping meaning may sometimes result in intensifying feelings of injustice, especially when motives, goals, and reasons of the victimizer are considered as selfish, malevolent, or uncaring. The article ends with a discussion of the ambivalence of a victim's status which establishes some entitlements for compensation and care but also bears the risk of secondary victimization by negative social reactions.     

Training Police Investigators to Interview to Detect False Intentions

This study is the first to investigate police investigators’ adherence to, and the effectiveness of, a training program for detecting true and false intentions. Experienced police investigators (N = 53) were either trained or not trained in how to interview to discriminate between true and false intentions. All investigators interviewed mock suspects (N = 53), of which half lied and half told truth about their intentions. Both subjective and objective measures showed that the trained investigators interviewed in line with the training received. That is, a large proportion asked about the planning of the stated intentions. Noteworthy, none of untrained investigators reported to have posed such questions for strategic purposes. The trained investigators reached a higher detection accuracy level (65 %) than their untrained colleagues (55 %), however not significantly. Given that the investigators adhered to the training, this training package is a viable starting point for developing more effective training programs.     

要约收购不实披露的民事救济

证券立法的基本目的之一就是保护投资者的合法权益。要约收购过程中 ,收购人不实披露直接损害目标公司小股东的利益。合同法救济是目标公司小股东可以获得的有利保障。为此 ,必须深入探究要约收购不实披露合同法救济的理论基础和构成要件     

Structural Models of Injustice and Illegalism in Israel

The question of whether a citizen is obliged to obey the law has occupied scholarly thinking since the days of Socrates. Thus, rarely has the question been examined empirically. Based on a survey of 1866 adults, citizens of the state of Israel, this study attempts to construct causal models linking socioeconomic status to subjective measures of injustice, and further to indicators of illegalism and disobedience among Jews and Arabs. LISREL analysis has been found a useful tool to construct the empirical models that measure how members of the two ethnic communities relate to the boundaries of the prima facie obligation to obey the law. Findings show that those who have no trust in one part of the legal system, will also have no trust in the rest of the system which, in turn, serves to legitimize taking the law into one's own hand.     

Perceived Injustice Predicts Intention to Litigate: Findings from a Spinal Cord Injury Sample

The current study examined the association between perceived injustice (assessed by the Injustice Experiences Questionnaire) and intent to litigate in a sample of individuals who had recently suffered a spinal cord injury and were currently on an inpatient rehabilitation unit. Higher perception of injustice was associated with reported interest in litigation. In logistic regression analyses, perceived injustice uniquely differentiated between individuals who foresaw involvement in litigation versus those who did not, with the blame/unfairness factor of the Injustice Experiences Questionnaire emerging as more significant than the severity/irreparability of loss factor. Both anticipated litigation and higher perception of injustice were associated with greater attribution of responsibility for injury to other person(s) and reduced forgiveness across a number of domains. Finally, a receiver operating characteristic (ROC) curve analysis was conducted to identify IEQ score most associated with anticipated litigation. This study is the first to examine perception of injustice in a spinal cord injury sample or the association between perceived injustice and litigation intent. Results support the possibility that psychological appraisals of injury may have significant legal ramifications.     

Legal Consciousness and Responses to Sexual Harassment

Studies of legal mobilization often focus on people who have perceived some wrong, but these studies rarely consider the process that selects them into the pool of potential "mobilizers." Similarly, studies of victimization or targeting rarely go on to consider what people do about the wrong, or why some targets come forward and others remain silent. We here integrate sociolegal, feminist, and criminological theories in a conceptual model that treats experiencing sexual harassment and mobilizing in response as interrelated processes. We then link these two processes by modeling them as jointly determined outcomes and examine their connections using interviews with a subset of our survey respondents. Our results suggest that targets of harassment are selected, in part, because they are least likely to tell others about the experience. We also discuss strategies that workers employ to cope with and confront harassment. We find that traditional formal/informal dichotomies of mobilization responses may not fully account for the range of ways that individuals respond to harassment, and we propose a preliminary typology of responses.     

The Injustice of Enforced Equal Access to Transplant Operations: Rethinking Reckless Claims of Fairness

The globalizing or totalizing imposition of a particular understanding of justice, fairness, or equality, as seen, for example, in Canada's single health care system, which forbids the sale of private insurance and the purchase of better basic health care, cannot be justified in general secular terms because of the following limitations: (1) the plurality of understandings of justice, fairness, and equality, and (2) the inability to establish one understanding as canonical. The secular state lacks plausible moral authority for the coercive imposition of one such account on peaceable, consenting adults. This state of affairs, with regard to the weakness of human moral epistemological powers, means that the secular state fails to have the moral authority to forbid coercively the sale and purchase of organs. It further lacks the secular, moral authority to impose equal access to organ transplantations. Assertions of such authority amount to reckless claims of fairness, and for this reason, health care policy must be set within the constraints of limited, constitutional regimes.     

美国:对“诈弹”威胁说不

2013年上半年以来,华盛顿、纽约、旧金山、弗吉尼亚等地频频发生的各类炸弹威胁,不仅动用了警方、消防、排爆等各类社会公共资源,更对大量民众的日常生活造成了直接影响。但结果一次次被证实,此类威胁仅仅只是有人故意发布诈弹信息,这也使得美国社会对诈弹威胁忍无可忍。因此,为了有效打击这一行为,美国已将诈弹     

虚假陈述中董事对股东责任研究

现代公司对社会生活的影响巨大 ,作为管理者的董事其权力也日益扩张。根据权利义务相一致的原则 ,董事应当承担更多的责任。董事对包括股东在内的第三人的法律责任就是近年来各国公司立法十分关注的问题。其中 ,虚假陈述中的董事对股东责任具有典型意义。只有加强董事对股东责任的研究 ,才能使我国的公司法制臻于完善     

论虚假广告对消费者权益的侵害

虚假广告违反广告“真实性”原则,不但侵害同业经营者的权益,同时也侵害消费者的合法权益,而我国相关的法律规范还不是十分健全,对此问题还缺乏有力的法律规制。     

The ICTR Contribution to National Reconciliation

Over a decade after the establishment of the International CriminalTribunal for Rwanda (ICTR), an assessment of its achievementswith regard to its role in fostering reconciliation among Rwandansmust be undertaken. The ICTR's activities have provided a settingfor witnesses and victims of the genocide to testify beforejudicial authorities. However, persisting obstacles involvingthe nature of the conflict and ongoing instability in the countryhave hindered progress in efforts at national reconciliation,and addressing the issue of compensation for victims remainsinadequate. The ICTR continues to play a crucial role in sheddinglight on the atrocities and endeavouring to raise awarenessfor victims’ issues at the international level.     

非法拘禁罪若干问题研究

成立非法拘禁罪,不要求被害人认识到自己被剥夺自由的状态.非法拘禁罪是一种典型的继续犯,其行为应在一定时间内处于持续状态.对于非法限制他人人身自由的行为,必要时可以按照非法拘禁罪论处.非法拘禁罪与绑架罪界限的关键区别在于主观目的的不同.     

How to Argue About Prostitution

This article provides a comparative analysis of various methodologies employed in building arguments regarding prostitution law and policy, and reflects on the proper aims of legal philosophy more generally. Taking Peter de Marneffe’s Liberalism and Prostitution (OUP 2010) as a launching point for these reflections, the article offers a mostly favourable review of the book as a whole, and defends the philosophical method as one (amongst other) valuable ways to argue about prostitution.     

论增强我国公民法治意识的途径与措施

公民法治意识的培养与提高是关系到依法治国成败的关键因素。法治意识的培养与提高是一项艰苦的系统工程 ,决非一夕之功。只有从法律制度自身的完善入手 ,在政治生活和经济生活中坚持贯彻依法办事的原则 ,加强普法工作的力度 ,不断改善法治意识成长的社会环境 ,才能为健康的法治意识的培养提供条件。     

Nazism,Legal Positivism and Radbruch's Thesis on Statutory Injustice

The small article “Statutory Injustice and Suprastatutory Law” published in 1946 by Gustav Radbruch is one of the most important texts in 20th century legal philosophy. Until recently, its importance was said to stem from its renewal of ‘natural law’ and from its ‘formula’, according to which the value of justice should override that of legal certainty in extreme cases. In this contribution, a close examination will show that Radbruch's text is less univocal than often suggested. I argue that Radbruch deals here with the acute problems of apparent criminal legality during the Nazi-era rather than with problems of validity. In order to make this clear, I first briefly sketch Radbruch's personal history and the context into which the article fits. Secondly, I analyze the text itself and focus on how to understand the well-known grudge informer case. Finally, I pay some attention to the renewed topical interest of Radbruch's formula, owing to the fact that it was used in the trials against former-GDR soldiers who shot fugitives at the Berlin Wall,and their superiors. This revised version was published online in July 2006 with corrections to the Cover Date.