发挥法治保障作用,推进社会管理创新

社会管理创新与法治国家建设密不可分,通过法治保障来推进社会管理创新,具有巨大的优越性,也是人类社会的成功经验.法治可以为社会管理创新提供价值支撑,为社会管理创新设置合理的行动界限,引导民众理性表达诉求,制度化地促进社会矫正正义的实现.法治化保障社会管理创新的具体举措主要是,完善社会管理立法,促进社会结构优化;保障新型社会管理体制的合理有效运行;坚持法律原则,尊重和保护人权,依法化解矛盾.     

论关税优先权的清偿顺位

我国法律中关税优先权的定性模糊,由此导致实践操作中存在诸多困难。分析表明,关税优先权应当区分为物权性优先权与债权性优先权。在纳税人欠缴关税所涉及的特定物上,关税优先权为物权性优先权,关税应当优先于抵押权和质权而受偿;对于特定物之外的其他财产,关税优先权为债权性优先权,关税应劣后于抵押权和质权而受偿。至于医疗费用、丧葬费用、工资等,基于生存权、人道主义等特殊考虑,可以依据法律之例外在清偿关税前受偿。     

Is cyberstalking different?

Abstract

Very little empirical work exists on cyberstalking. The current study analysed detailed questionnaires completed by 1051 self-defined stalking victims. Almost half (47.5%) reported harassment via the Internet, but only 7.2% of the sample was judged to have been cyberstalked. Ordinal regression analyses of four groups of victims, categorized according to degree of cyber involvement in their victimization, revealed a general picture of similarity between the groups in terms of the stalking process, responses to being stalked, and the effects on victims and third parties. It was concluded that cyberstalking does not fundamentally differ from traditional, proximal stalking, that online harassment does not necessarily hold broad appeal to stalkers, and that those who target ex-intimates remain the most populous stalker type.     

Youths who sexually harm: A multivariate model of behaviour

Abstract

This study investigates the variations in behaviour displayed by young people who sexually harm, as previous research has shown that they are not a homogeneous sample. Three conceptually distinct sets of behaviour were hypothesized, relating to various modes of interaction between the young people with harmful sexual behaviour (HSB) and their victim, victim as object, victim as person and victim as vehicle. Thirty-three behaviours were drawn from an extensive review of the files of 300 youths who had sexually harmed. The pattern of co-occurrence of the presence or absence of these behaviours was revealed by a multidimensional scaling procedure, Smallest Space Analysis (SSA). The results provide empirical support for three distinct behavioural themes; 258 (86%) of the youths could be assigned to one dominant mode of interaction (victim as object, victim as person or victim as vehicle). The findings have implications for the ways in which practitioners differentiate between young people with HSB.     

On a clear day you can see forever: Integrating values and skills in sex offender treatment

Abstract

The topic of sex offender rehabilitation frequently evokes fierce reactions, ranging from strident demands for harsher sentences contrasted with calls for more imaginative and compassionate sentencing options. There seems to be a polarization of positions centred on the question of offenders’ moral standing: are they moral strangers or fellow travellers? This fundamental disagreement about offenders’ moral status is at the core of a number of independent, although related current practice and research issues confronting the field, namely: (1) risk management versus strength-based treatment approaches; (2) the utility of utilizing individually tailored versus manual-based programmes for offenders; (3) focusing on the technical aspects or therapy as opposed to relationship and therapist factors (what has been called process issues); and (4) the conflict between protecting the community versus promoting the interests of offenders. In this paper I suggest that an approach to sex offender treatment based on a combination of human rights theory (an ethical resource) and strengths-based approaches can help us navigate our way through the above dilemmas in a way that addressees both the needs of offenders and those of the community.     

Victim age,attractiveness and,abuse history as factors in the perception of a hypothetical child sexual abuse case

Abstract

This study examines the effect of victim age, victim attractiveness, the victim's abuse history and respondent gender have on attributions of blame and credibility towards a female victim in a hypothetical child sexual abuse case. A total of 397 respondents from a community sample read a hypothetical child sexual abuse (CSA) scenario in which victim age, victim attractiveness and the victim's abuse history were manipulated. Respondents then completed a 16-item blame attribution questionnaire. Several predictions were made. First, a 10-year-old victim would be deemed less blameworthy and more credible than a 15-year-old victim. Secondly, an attractive victim would be viewed more positively, and attributed less blame, than an unattractive victim. Thirdly, a victim with previous history of being sexual abused—either by the same or different perpetrators—would be deemed more culpable for their own CSA than a first time victims. Finally, female respondents were expected to take a more pro-victim and anti-perpetrator stance than males. Whilst comparatively few differences were found across victim attractiveness and abuse history. Overall findings were broadly in line with predictions. It was concluded that victim age and respondent gender play particularly important roles in the attribution of blame towards victims and perpetrators of child sexual abuse.     

收集提取“物证”样本规范化研究——以物证鉴定样本为切入点

物证是证据种类之一,而物证鉴定样本是在物证鉴定过程中,为了实现物证的种属认定与同一认定而依法提取和保存的、供比对的已知证据材料。物证鉴定样本因鉴定而成为证据,是鉴定意见的重要组成部分。物证鉴定样本在诉讼中具有重要作用。当前,样本收集、提取存有许多不足,需采取行之有效的收集提取方法,以助于物证鉴定制度在内的整个证据制度的完善。     

高校“统战成员”在统战文化建设与工作中的多重角色与使命探析

高校是文化的前沿阵地,亦是深化统战文化研究、挖掘统战文化内涵、彰显统战文化价值功能的重要窗口。高校“统战成员”是统战文化的一如既往的践行者、不可或缺的创造者和举足轻重的传播者。高校“统战成员”的使命和任务从根本上说是与中国共产党是一致的。高校“统战成员”务必有机地将社会主义核心价值观和马克思主义指导思想内化为自身的精神需求、价值取向和政治理念,自觉地成为社会主导意识形态和观念的体现者,有力推动我国和谐高校与和谐社会建设。     

关于职工文化建设的几个问题

我国的职工文化建设,目前主要存在认识上有误区、行动上避重就轻、“体制”上存在障碍、制度机制不健全、活动开展深度与广度不够、管理者素质亟待提高、建设缺乏资金等问题,今后应从建立健全职工文化建设领导体制、加大经费投入力度、重视指标量化、建立激励和约束机制等方面做些切实的工作.