“两个当场”情境下敲诈勒索罪认定刍议

敲诈勒索罪与抢劫罪之间的区分向来为司法实践中的疑难问题之一,特别是行为人当场实施暴力、当场取得财物的情况下,如何对行为进行准确定性,直接关系到刑法适用的准确性。"两个当场"原则并非区分敲诈勒索罪与抢劫罪的决定因素,应综合考虑行为人犯罪时实施暴力的程度、对象、时间及行为人当场取得财物的原因等具体情形,切实贯彻罪责刑相适应的刑法原则,做到罚当其罪。当无法确定当场暴力程度能否达到使他人不能反抗的程度时,应根据"存疑有利被告"的原则,认定为敲诈勒索罪。     

A Cross‐National Analysis of Party Switching

Though instances of party switching have been widely documented, there is little cross‐national research on this phenomenon. The prevalence of switching is therefore unknown, and the factors influencing this behavior remain unclear. Using the most comprehensive dataset on party switching ever constructed, we illustrate both that interparty movement is more common than previously assumed and that there are substantial differences in its prevalence across parties. To explain this variation, we examine the relationship between legislators' motivations, institutional arrangements, and switching. We find that motivational explanations are correlated with interparty movement and that institutional arrangements exhibit only limited direct influence on switching.     

Perceptions and attitudes with regard to teleworking among public sector officials in Pretoria: applying the Technology Acceptance Model (TAM)

Abstract

The research described in this article can be described as an explorative study that focused on obtaining and analysing perceptions and attitudes of public sector officials in Pretoria regarding the possible introduction of teleworking in their working environment. The term teleworking was understood in the sense of using computers to work from home or working at a distance away from the office. The research question that was posed was: What perceptions and attitudes exist among public sector officials in Pretoria that could contribute to, or impede, the acceptance of teleworking in South African government departments? Specific attention was given to perceptions of possible benefits or other impacts of teleworking, indications of public sector officials' ability to use computers for teleworking purposes, attitudes toward computers and teleworking, and the behavioural intention to use teleworking in future. The questionnaire and results were structured along the lines of the Technology Acceptance Model (TAM) of Davis. It was found that there was firm support among the officials for public sector teleworking – especially in terms of those views and perceptions that served as indicators for relevant TAM constructs such as ‘perceived ease of use regarding teleworking’, ‘perceived usefulness of teleworking’, ‘attitude toward teleworking’ and ‘intention to use teleworking’.     

U.S.—Soviet relations: The global village and the free flow of information∗

For the past sixty‐seven years, the Council on Foreign Relations has dedicated itself to enlarging the public dialogue on matters affecting U.S. foreign policy and international affairs. This effort is to be commended. It stands as a testimony to your strong sense of civic responsibility, and it illustrates yet another way in which America's private and public sectors cooperate in matters of national concern.

Forty‐one years ago, Foreign Affairs published the landmark article—"Mr. X"— calling for a bold new approach to the challenges of the post‐war world. At that time, the international structure and order inherited from the nineteenth century had collapsed, and attempts to replace it were directed from two philosophically distinct and antagonistic power centers. This was the era of the Cold War.

America met those challenges with a sense of daring and determination. The Truman Doctrine, the Marshall Plan, NATO—these stand as testimonials to imaginative leadership and effort. The renewed vitality of Western Europe and Japan—protected by the shield of a strong and effective deterrence—are a measure of its success.

Today, America faces another historic challenge occasioned neither by war nor post‐war dislocations. Rather, it results from changes set in motion by a new and powerful dynamic which in recent years has exploded onto the world scene—the grand spectacle of the Information Revolution.     

Viewing time measures and sexual interest: another piece of the puzzle

Abstract

The present study compared a viewing time (VT) measure with the Sexual Deviance Card Sort (Laws et al., 2000 Laws, D. R., Hanson, R. K., Osborn, C. A. and Greenbaum, P. E. 2000. Classification of child molesters by plethysmographic assessment of sexual arousal and a self-report measure of sexual preference. Journal of Interpersonal Violence, 15: 1297–1312. [Crossref], [Web of Science ®] , [Google Scholar]) and past sexual behaviour. Twenty-six adult males who committed a contact sexual offence (19 of whom had child victims and seven with adult victims) each completed the self-report card sort and viewed 640 slides of nude and clothed males and females, ages 5, 9, 13 years and adult. The offenders were unaware that their viewing time was being recorded. VT allowed for greater consistent classification of sexual interest: for gender preference, 79% for individuals with child victims, 86% for individuals with adult victims; for age preference, 84% for individuals with child victims, and 57% for individuals with adult victims. Results demonstrated that a combination of nude and clothed computer-modified imagery can provide accurate sexual interest classification.     

The politics of ‘wrongful life’ itself: discursive (mal)practices and Tay-Sachs disease

Abstract

This article examines eight wrongful life/wrongful birth suits filed by parents of children born with Tay-Sachs disease. Their legal claims are analysed in terms of the biopolitics of genetic risk that has emerged in recent decades with a view to arguing that, as health and disease are increasingly understood within a genetics framework, the individual is becoming responsibilized to be proactive and undergo genetic testing. At the same time, this responsibilization is being defined as a kind of entitlement rooted in historically specific ideas about personhood and quality of life. The only option for reconciling this contradiction has been simply to define responsibilization as the individual's right, thereby calling into question the notion of agency in genetic decision-making and revealing that choice in this context is in fact becoming the unfreedom to choose.     

Countries’ readiness to deal with large-scale crises: analysis,measure, and World classification

Policy Sciences - A country’s preparedness to face crises is a multidimensional competence that depends on several attributes (economic factors, governance features, infrastructure and...