非犯罪化与我国的“严打＂政策

非犯罪化是与犯罪化相对应的刑事政策中"轻轻"政策的现实化,其基本理念源自于刑法谦抑性、刑法不完整性和刑法经济性等观念.我国的"严打"政策是一种积极的犯罪化政策,它与非犯罪化政策正好处于刑事政策的"两极",从它们体现的刑法理念而言,两者是不相容的,但在预防、抗制犯罪的目标选择上,却又并不存在冲突.因此,为了把"严打"纳入法治的轨道,有必要结合相关刑事政策,对其进行综合研究并得出科学的判断.     

Risk factors for sexual victimization among male and female homeless and runaway youth

Risk factors associated with the likelihood of being sexually victimized by a stranger or friend/acquaintance since being on the street was examined among 372 homeless and runaway youth. Young people were interviewed on the streets and in shelters by outreach workers using a systematic sampling strategy. Youth who engaged in more high-risk behaviors were expected to be at greater risk for sexual victimization by both known and unknown assailants. Results indicated that for females, running from home for the first time at an earlier age was associated with sexual victimization by both a stranger and friend/acquaintance. However, engaging in deviant subsistence strategies, survival sex, and grooming predicted being sexually victimized by a friend/acquaintance. For males, survival sex and grooming predicted stranger sexual victimization, whereas sexual orientation was associated with sexual victimization by a friend/acquaintance. Overall, 35% of the sample had been sexually victimized.     

中国成都汉族群体三个Y-STR基因座复合扩增及其单倍型的研究

目的建立一种同步检测Y-STR基因座的方法。方法采用复合扩增的方法同时对三个基因座(DYS390、DYS391及DYS393)进行扩增。结果成功地对这三个Y-STR基因座进行了同步扩增,并用其对中国成都汉族群体进行群体遗传学研究。结论三个Y-STR基因座在中国成都汉族群体个人识别几率为0.8965±0.0081,证明这个体系可用于个人识别和群体遗传学研究。     

Private nurses and playboy bunnies: explaining permissible sex discrimination

Discrimination on the basis of sex in employment is illegal--usually. In cases in which employers contend that sex-based hiring is necessary to protect the privacy interests of their customer, however, and in cases in which employers contend that sex-based hiring is necessary to provide a particular type of sexual titillation for their customers, courts sometimes do allow employers to discriminate. Courts say that they allow sex discrimination in employment when it is necessary to preserve the "essence of the business." This Article shows, however, that there is no plausible conception of business "essence" that can explain and make sense of the existing case law. The Article therefore looks beyond the courts' rhetoric to explain and defend why courts distinguish in the ways they do between permissible and impermissible sex discrimination in employment.     

<Emphasis Type="Italic">Commentary</Emphasis>: A Critical Review of Published Competency-to-Confess Measures

The development of standardized assessments for competency-to-confess evaluations has remained largely neglected for the last several decades. Groundbreaking research was conducted on Miranda waivers during the late 1970s, but researchers have failed to sustain programmatic research. This critical review focuses on four published Miranda measures (Comprehension of Miranda Rights, Comprehension of Miranda Rights-Recognition, Comprehension of Miranda Vocabulary, and Function of Rights in Interrogation). When evaluated by contemporary standards, the validation of these measures is very limited. Major improvements are needed for interrater reliability, test–retest reliability, content validity, construct validity, and criterion-related validity.     

Forensic analysis of hallucinogenic fungi: a DNA-based approach

Hallucinogenic fungi synthesize two controlled substances, psilocin and psilocybin. Possession of the fungal species that contain these compounds is a criminal offence in North America. Some related species that are morphologically similar, do not contain the controlled substances. Therefore, unambiguous identification of fungi to the species level is critical in determining if a mushroom is illegal. We investigate a phylogenetic approach for the identification of species that contain the psychoactive compounds. We analyzed 35 North American specimens representing seven different genera of hallucinogenic and non-hallucinogenic mushrooms. We amplified and sequenced the internal transcribed spacer region of the rDNA (ITS-1) and a 5' portion of the nuclear large ribosomal subunit of rRNA (nLSU rRNA or 28S). ITS-1 locus sequence data was highly variable and produced a phylogenetic resolution that was not consistent with morphological identifications. In contrast, the nLSU rRNA data clustered isolates from the same species and separated hallucinogen containing and non-hallucinogen containing isolates into distinct clades. With this information, we propose an approach that combines the specificity of PCR detection and the resolving power of phylogenetic analysis to efficiently and unambiguously identify hallucinogenic fungal specimens for legal purposes.     

五四时期国人生育观念的嬗变

五四时期是近代社会和思想文化发生重要变革的时期,是妇女解放运动得到空前广泛深入发展的时期。人们探讨妇女问题涉及到许多方面,其中包括生育节制问题。一些开明人士就生育节制对于妇女解放、社会进步和人种改良的意义提出了有价值的看法,在推动妇女解放运动和社会变迁方面发挥了积极作用。     

New regionalism(s) in the global political economy. Conceptual understanding in historical perspective

  This paper places the contemporary study of regionalism in historical context. It argues that the study of regionalism has occurred in two waves. The first gathered pace as a sub-field of International Relations from the late 1950s and the second emerged in the context of the globalisation of the late 1980s and the 1990s. RID="*" ID="*" This paper, originally presented as a lecture to the Asia Europe Foundation University, 7^th Summer School, Barcelona: November 11, 2002, represents an abbreviated and revised version of Shaun Breslin and Richard Higgott (2000) Studying Regions: Learning from the Old Constructing the New, New Political Economy 5 (3): 333–352. Permission of the Editors of New Political Economy to publish in this form is gratefully acknowledged. The support of the Economic and Social Research Council in the writing of this paper is also gratefully acknowledged.     

论“挪而未用”行为的司法认定

对"挪而未用"行为是否成立犯罪的问题,存在着"否定说"与"肯定说"之分.本文作者主张"肯定说",认为在"挪"、"用"关系上,应当确立为"用"而"挪"的立场,将"挪"视为该罪客观要件的要素,将"用"作为其主观要件的内容,从而解决在挪用公款及其相关问题上司法认定的诸种难题.当挪用故意与占有目的难以区分时,应当首先推定为"占有",只有被告方做出有力反证并得到印证时,占有目的认定才足以被"挪用"所推翻.