两大法系刑法中的行为理论比较研究

行为在刑法理论中地位的确立是近代刑法的最大成就。关于行为内容的探讨,大陆法学从各个不同视野观察行为而形成的行为理论有因果行为论、目的行为论、社会行为论、人格行为论等四种,认为无行为即无犯罪;英美法系刑法学则主张修正大陆法学的行为理论,以“事态”取代行为,以控制原则取代犯罪行为要件。他们在行为方面的理论探讨有着特定的借鉴意义。虽然行为概念不是最理想的表述,但目前却无可替代。     

STRAINED LIVES AND CRIME: EXAMINING INTRA‐INDIVIDUAL VARIATION IN STRAIN AND OFFENDING IN A SAMPLE OF INCARCERATED WOMEN*

When applied to the study of changes in an individual's offending, general strain theory posits that individuals will be more likely to offend during periods of high strain. Using 36 months of retrospective data collected from female inmates, we explore the relationship between intra‐individual changes in strain and changes in offending and drug use. We also examine how different dimensions of strain‐recent composite strain, duration, clustering and accumulation, contribute to the explanation of offending. We find that changes in strain are associated with changes in violence, drug use, and property crime and that these relationships remain after the addition of control variables. Moreover, the strain‐crime relationship holds when the correct causal order is specified. When modeling offending, taking various dimensions of strain into account does increase the amount of variation explained for some outcomes, but other dimensions are highly correlated. We conclude that conceptualizing the interaction between strain and crime as a dynamic process is constructive and that general strain theory will be improved if criminologists move beyond static conceptions of strain.     

2004年美国大选的结果及其对美国外交的影响

美国总统大选结果的各种因素的解释,不只是经济状况、内外政策和候选人个人品格,更重要的是一些存在于美国政治运行中的经验性规律。在伊拉克的硝烟未尽之时,在“9·11”的创痛未愈之际,此次美国总统大选的结果所将产生的影响也将是深远的。这种影响不仅仅是促使美国本身的内外政策稳健与温和,对国际局势,包括美中关系也产生重要的积极作用。     

President Roh Moo-Hyun’s Last Interview and the Roh Moo-Hyun Phenomenon in South Korea

This commentary discusses what is popularly regarded as the “Roh Moo-hyun Phenomenon” in today’s South Korean society, as an attempt to shed some light on an interview which the late President Roh Moo-hyun had with the author in December 2008. This interview is unique not only because it became Roh’s last interview conducted before his suicide on May 23, 2009, but also because it provides Roh’s candid critical self-assessment on his own presidency, especially regarding his role in both domestic politics and the inter-Korean relationship, and the Korea-US relationship during his term in office, as well as commenting on Japan’s approach to Northeast Asian regional politics. Reflecting on Roh’s star-like rise to the presidency and fall from grace, this commentary alerts readers that Roh’s last interview needs to be considered within the context of the Roh Moo-Hyun Phenomenon, especially in regard to the 2017 presidential election, because it will directly affect the fate of not just the “pro-Roh group,” with the largest share of the opposition in today’s Korean society, but the Korean people as a whole at a time when the country’s many leading civic groups are desperately seeking a “Great Transformation.”     

A New Scenario for British Overseas Territories and Crown Dependencies?

This article looks at territories that form part of the ‘Commonwealth Family’ but which do not enjoy legal sovereignty as nation-states and cannot therefore qualify for full membership of the Commonwealth. A particular focus of this article is Crown Dependencies and the British Overseas Territories, both of which retain a constitutional link with the UK, but most of them are largely self-governing, each with its own constitution and its own government. The author examines the arguments for and against providing for these territories with ‘observer’ or ‘associate member’ status, which would grant them greater access to the official institutions and forums of the Commonwealth.     

International election observation in Guyana 1964–2001

The infusion of election observation in the political landscape of the Caribbean has presented a range of trends and reactions. Some countries, such as Guyana, have had a more entrenched and controversial history with observation than others. Guyana was the first Caribbean country to have had international observers. This paper presents a survey of the case of Guyana between 1964 and 2001. The article outlines all the observed elections in Guyana during this period with reference to issues of logistics, size, duration and the actors involved. It also assesses the outcomes of international observer presence in these elections and explores the implications for Guyana’s efforts to display acquiescence to the norm of holding free and fair elections.     

论中国法院的“合一制”——历史、实践和理论

中国法院经过较长时间的历史演变,于20世纪80年代初确立了独特的合一制组织模式。合一制指的是一种审判与(司法)行政彼此交织融合、由院长全面负责的科层化的制度安排。合一制一度对中国持续快速的经济增长产生积极影响。但是,随着社会中心议题及正当化机制从经济增长逐渐向社会可持续、综合性发展转变,司法行政与审判融为一体的组织结构已不合时宜。将司法审判从过度的科层结构和总体性框架中脱域出来,进而促进宏观政治社会的功能分化,应作为一种发展取向。     

The Challenges Ahead

正media are calling it an event of great global significance alongside the U.S.presidential election. The leadership change of the Party will significantly influence the political,economic and social development of China.The upcoming Party leadership faces a     

近年来国内关于第一届全国人民代表大会的研究述评

1954年9月召开的第一届全国人民代表大会在新中国的政治发展史上占据重要地位。然而,国内关于一届全国人大的研究成果较少,针对具体问题的研究关注点主要集中在一届全国人大的召开日期、第一次全国普选运动、"五四宪法"及一届全国人大的会议过程、会议成果及历史影响等方面。