The relationship of abuse and witnessing violence on the Child Abuse Potential Inventory with black adolescents

A number of social and psychological factors present in most adolescent parents place them at high risk for abusive behavior toward their children. However, current child abuse potential measures do not include adolescent samples as part of the psychometric data base. Consequently, the purpose of this study was twofold: (1) to investigate whether a Black adolescent sample would perform differently than an adult nonabusing sample on the Child Abuse Potential Inventory (CAP), and (2) to examine the relationship between history of abuse or witnessing violence to scores on the CAP. Results revealed that Black adolescents scored significantly higher than the adult normative sample on the CAP; consequently, cutoff scores need to be empirically established for adolescents. Additional analyses indicated that a history of abuse, as well as a history of witnessing violence, are associated with a high potential for abuse.     

证明责任制度的改革完善

本文以我国刑事诉讼法修改为着眼点,针对我国现行刑事证明责任制度的特点和问题,指出我国立法应当明确规定检察机关在公诉案件中承担证明责任。在检察官承担证明责任的前提下,法官所承担的证据上的责任具有补充性、核实性以及加强性的特点。同时,还注意到,法官完全被动,只判定而不主动调查的制度安排不符合追求实体真实这一我国刑事诉讼的目的与精神。而过分地赋予法官查证责任则将损害审判的中立、独立,损害司法公正,也不符合我国诉讼制度改革的要求。     

行政行为在德国行政诉讼中的功能变迁

行政行为概念功能的变迁,同行政诉讼制度的功能定位有着密切联系。行政行为是为划定公权力边界而创造的概念,当权利保护进入无漏洞救济的时代,行政行为无力承担这一功能,从而不得不让位于主观公权利。如果对行政行为做过于宽泛的界定,可能会导致其本来肩负的程序法上的定型化功能和诉讼法上的类型化功能的衰竭甚至丧失。如果我国行政诉讼也要...     

当下国际金融监管法律制度改革的焦点与问题

由美国次贷危机引发的国际金融危机爆发后,国际社会出台的金融改革方案都把国际金融监管法律制度的改革作为整个金融改革的不可或缺的有机组成部分,这是金融全球化条件下防控金融风险和危机的需要和必然反映。从目前来看,加强和健全国际监管规则和标准、健全国际监管责任的划分、建立国际金融监管机构等方面,是国际金融监管法律制度改革的焦点。国际金融监管法律制度的改革关系着国际间利益的分配,我国对每一项国际金融监管法律制度的改革都应视其情况,研究和采取恰当的策略。     

Criminal career progression among serious youthful offenders in Australia

An important question from research on criminal careers is whether the processes that generate participation in criminal activity are similar to those that drive offending frequency among those who have initiated. This article considers basic demographic correlates asking whether those factors are associated with both initial and sustained early adulthood criminality in Australia. Three findings emerged from the study: (1) the offenders exhibited high levels of criminal activity during early adulthood; (2) males were more likely than females to offend and offend at higher rates as adults; and (3) Indigenous youth were more likely than non-Indigenous youth to offend and offend at higher rates as adults. Overall, the study results showed that basic correlates of crime were linked to both participation and frequency of offending in early adulthood—even within a sample of serious offenders. The article addresses the theoretical implications of the findings and directions for future research.     

中国法学教育百年回眸

本文回顾了中国法学教育的概况,指出了每一发展阶段的基本特点,并在此基础上作了认真的反思,特别是重点分析了法学教育与社会变革、法学教育与职业教育、法学教育与高等教育的相互关系,以探索法学教育的规律。     

Security culture,transnational challenges and the Economic Community of West African States

This special issue explores how one particular regional organisation, the Economic Community of West African States (ECOWAS), has defined certain transnational issues as security threats and how it has addressed them. In this introductory article, we begin by providing an overview and analysis of some of the most important transnational security challenges facing West Africa. Specifically, we discuss some of the problems raised by cross-border insurgencies, health challenges, organised criminal activities, terrorism and environmental degradation. We then examine the different levels at which actors have responded to these challenges. The section ‘Security culture: shaping the Economic Community of West African States (ECOWAS) response?’ sets out our approach to thinking about the concept of security culture and asks whether it might be relevant to understanding how and why ECOWAS has focused on responding to certain transnational security challenges and not to others. The final section provides an overview of the other articles in this issue.     

Crossing the Line: Richard Casey Re‐Visited

Sir John Kerr's dismissal of the Whitlam government ensured that he became Australia's most controversial Governor‐General and the one seen to have taken vice‐regal powers to their limit. While this is understandable, Kerr's notoriety has obscured a wider appreciation of the significant activism and even intrusiveness which characterised Richard Casey's 1965–1969 term as Governor‐General. This article draws on Casey's extensive diaries to paint a broader picture of the man and to examine his activist view of the role. Casey's version of the vice‐regal role is almost certainly at the extreme end of any Australian vice‐regal activity spectrum, and is consistent with patterns in his overall career.