加拿大多伦多平安建设的经验及对我国的启示

随着我国城市化进程的加快,城市安全问题的日益增多,城市公共安全受到人们广泛关注。尽管各地政府在创建平安城市的过程中做出了很多有益的尝试,但由于各地对城市安全的内涵理解不同,所采用的标准也各有千秋,平安城市的建设工作进展不甚理想,尚未取得良好的效果。相比之下,国外的平安城市建设起步较早,具体措施和程序更为成熟和完善。本文选取加拿大多伦多市平安建设进行介绍,以期对我国平安城市建设提供有益的借鉴。     

绑架罪实行行为及成立要件研究

绑架罪是发案率较高且刑罚极重的罪名之一,司法机关应当慎重认定绑架罪的成立范围。要解决好绑架罪行为的具体认定,必须要结合绑架罪的法定刑,该罪侵害的法益,以确定其实行行为。只有做到这样,才能具体认定成立绑架罪的情形。绑架罪的实行行为包括客观上形成足以压制对方反抗的地位;主观上存在向第三人提出足以压制其心理反抗的胁迫内容的想法。但是,即便符合前述要求,如果根据案件事实,行为人没有实现其恐吓内容的可能性时,任然不宜认定为绑架罪。     

Transformative pathways to world government: a historical institutionalist critiquea

Proposals for world government (WG) have come from a variety of sources including international relations (IR) scholars, economists, normative political theorists and global justice academics. In general, these visions are couched as ideal models to be approximated as closely as possible. The key argument of the article is that, in evaluating the democratic potential of these proposals, we should focus upon the process of designing and building a WG. This is because there is an ineluctable gap between ideal conceptualization and non-ideal realization that emerges through institutionalization. I employ a historical institutionalist lens to describe and problematize potential institutional shifts along a WG pathway. I argue that institutionalizing these ideal visions in our current, non-ideal context would actually exacerbate the democratic deficit. Specifically, building a WG would likely entrench existing inequalities, expand the authority of unaccountable bureaucrats and limit institutional improvements over time. These three points respectively undercut three core values of democratization: equal participation, accountability and institutional revisability. Given this argument, I conclude that an incremental approach—which focuses on advancing values rather than moving towards an ideal model—represents a more productive pathway for global democratization.     

广东地区622例猝死案例的流行病学调查

目的研究广东地区622例猝死案例的流行病学特征,为探讨猝死的发病机制、鉴定指标提供基础依据。方法收集中山大学法医鉴定中心2009至2012年622例确诊猝死的案例,运用统计学方法对一般情况、临床病历、法医学尸体解剖所见及病理学诊断等资料进行回顾性分析。结果 622例中心源性猝死为主要类型,占59.49%,以中青年男性多见(30~50岁男性占43.78%),冠心病为主要病因,发病呈年轻化(≤35岁者占17.89%);心源性猝死、其它系统疾病猝死、不明原因猝死3组之间心脏重量存在明显差异(P0.05);青壮年猝死综合征与心源性猝死组中胸腺肥大或出血阳性率存在差异(P0.05)。结论心源性猝死为猝死主要类型,发病呈年轻化,中青年男性为甚,冠心病为主要病因;胸腺肥大或出血引起个体应激系统障碍可能是致猝死机制之一。     

The Chat Room Moderator: Creating a Duty for Parents to Control Their Cyberbully

The advent of new technologies allowing people to communicate via the Internet has opened many windows to social interaction. At the same time, it has shifted the focus of child harassment from the playground to the computer. Instead of face‐to‐face bullying, children are now being bullied on the Internet, in a phenomenon known as “cyberbullying.” Cyberbullying is widespread, affecting generally twenty‐five percent of the child population in the United States. It is also more dangerous, as a child can be bullied at any time in the supposed comfort of his/her own home. To combat this behavior, many states have passed measures to ban or criminalize cyberbullying in school‐related settings. Nevertheless, children and adolescents continue to cyberbully their peers. Furthermore, most of these statutes do not address cyberbullying that occurs outside school or from a child's own home. Thus, this Note proposes that cyberbullying can be better combated by placing responsibility on parents to reasonably control their children in cases of cyberbullying. Based on the recently enacted ‘Cyber‐safety Act” from the Canadian Province of Nova Scotia and Restatement of Torts § 316, this Note proposes (1) placing tort responsibility on parents who know that their child is a cyberbully and do nothing about it and (2) allowing parents to avoid liability when their child truly cannot be controlled.

Key Points for the Family Court Community
• Cyberbullying is a major problem that must be addressed beyond the schoolyard.
• The law may provide recourse for the parents of a cyberbullying victim and can hold the parents of a cyberbully responsible.
• The Nova Scotia Cyber‐safety Act is a good model for holding parents liable for their child's acts because it balances the desire to end cyberbullying and the understanding that some minors are uncontrollable.