以人为本：和谐法治的建构趋向

建设和谐社会伟大目标的实现一定程度上取决于法治的和谐程度。而法治的和谐运行客观上倡导“以人为本”的人文精神。它是和谐法治的精神意蕴,是现代法治理念的逻辑基点。和谐法治的建构必须体恤人性,给予人的权益的最大关注。现代和谐法治的建构在现实层面不能忽视权利意识、行政权力运行、司法、人与自然关系等方面的人文关怀。     

Race as a factor in university admissions

In two recent cases, Grutter v. Bollinger, 539 U.S. 306. (2003) and Gratz v. Bollinger, 539 U.S. 244. (2003), the Supreme Court held that the Equal Protection Clause permitted state schools to use race-sensitive admissions in order to obtain the educational benefits that flow from a diverse student body. The diversity-based argument for race-sensitive admissions, scholarships, awards, and other opportunities at universities should have been rejected because it does not consider the full range of costs and benefits and because the more narrow educational effects probably weigh against such programs. However, this does not suggest that applicants’ race, ethnicity, and gender should be ignored. Rather the same consideration that led to the defeat of the diversity argument, i.e., reasoning capacity, supports the consideration of demographic factors. However, attention to such factors further undermines the consequentialist case for affirmative action.     

Family Violence, Anger Expression Styles, and Adolescent Dating Violence

How partner violence is transferred across generations is relatively unexplored. This paper proposes that anger expression style (constructive, destructive direct, destructive indirect) mediates the relationship between exposure to family violence and dating violence perpetration by adolescents. Data are from 1,965 completed self-administered questionnaires given to eighth- and ninth-grade students in a primarily rural county in North Carolina in 1994. Results varied by gender and type of exposure to family violence. For females, destructive direct and destructive indirect anger expression styles mediated the relationship between experiencing family violence and dating violence perpetration. For males, this relationship was mediated primarily by destructive direct anger expression style. The association between witnessing family violence and dating violence perpetration for females was mediated by destructive direct anger expression style only. Witnessing family violence was not associated with dating violence perpetration for males, and therefore could not be mediated. This study suggests that adolescents exposed to family violence learn anger expression styles that put them at risk of being perpetrators of dating violence. Further research is needed to identify other mediators that explain how partner violence is transferred across generations.     

Restorative justice practice: An examination of program completion and recidivism

Studies of restorative justice programs continue to provide a review of restorative justice practice and impact. While this body of research is growing, many questions remain regarding the impact of restorative justice in reducing crime. By relying on individual and community-level data, the present study examined how offense type and poverty level influenced program completion and recidivism among juveniles in a restorative justice program. This study also examined the relationship between program completion and recidivism. Findings revealed that status offenders in the restorative justice program were more likely to complete the program and less likely to recidivate than status offenders in the comparison group. In addition, property offenders in the restorative justice program were less likely to recidivate than property offenders in the comparison group. Poverty level at the community-level had a significant influence in both program completion and recidivism.     

Randomized experiments in criminology: What have we learned in the last two decades?

This paper aims to review randomized experiments in criminology with offending outcomes and reasonably large numbers that were published between 1982 and 2004. A total of 83 experiments are summarized, compared with only 35 published between 1957 and 1981: 12 on policing, 13 on prevention, 14 on corrections, 22 on courts, and 22 on community interventions. Randomized experiments are still relatively uncommon, but there have been more large-scale multi-site experiments and replication programs. There have also been several experiments in which 100 or more places were randomly assigned. Relatively few experiments (only 10 out of 83) were conducted outside the United States. Meta-analyses suggest that prevention methods, correctional therapy, batterer programs, drug courts, juvenile restitution and deterrent policing were effective in reducing offending, while Scared Straight and boot camp programs caused a significant increase in offending.     

关于保持大学生党员队伍先进性的思考

如何保持大学生党员队伍的先进性,是高校党建工作一项紧迫而重要的任务。当前,大学生党员队伍中存在着一些亟待解决的问题,如对党的思想不纯正、先锋模范作用不明显、党员思想教育效果不突出、坚持党员标准不坚决等问题。保持大学生党员队伍先进性要着重做到“一加强、三严格”:加强思想政治教育,严格党员标准,严格发展程序,严格目标管理体系。     

论担保物权期间的效力

新出台的《担保法》解释基于物权法定主义规定当事人约定的担保期间无效。物权法虽以物权法定主义原则作基石却亦有意思自治之空间 ,物权法定主义仅指物权的种类和内容由法律规定 ,当事人不得自由创设 ,于此之外 ,应为当事人自治之领域 ,担保期间的约定就属当事人自治之范畴。承认当事人约定的担保物权期间的效力能够提高担保的信用 ,更好的发挥担保制度的立法功能 ,同时也能使当事人充分实现意思自治 ,体现民法的私法本质。故此 ,立法应当承认当事人约定的担保物权期间的效力。