“准国家工作人员”的刑法定位——刑法法条、法释之辨析与协调

刑法第九十三条第二款规定了"准国家工作人员"的认定,应全面分析刑法第九十三条第二款、挪用资金罪、挪用公款罪,同时参照渎职罪的相关规定,对"公务说"与"身份说"细加阐述。     

浅析"三个代表"思想在银行业的体现

办好银行是一个经济目标 ,也是一个政治目标 ,有着丰富的政治、社会内涵 ,意义重大而深远。“三个代表”思想体现到银行 ,就是办好银行 ,支持经济 ;就要与时俱进 ;就要破除“官本位”意识     

学习“三个代表”回答“三个什么”

江泽民总书记对党员干部提出的“三问”,寓意深刻,令人深思。领导干部要树立正确的人生观,把党的宗旨作为“参加革命是为什么”的出发点;努力实践“三个代表”,把勤政建设作为“现在当干部应该做什么”的主要内容;堂堂正正为人处事,把修身养德作为“将来身后留点什么”的标准。     

职务过失犯罪研究

职务过失犯罪是指国家工作人员在履行职务的过程中严重不负责任 ,失职不履行或者不正确履行自己的职责 ,应当预见到自己的失职行为可能造成危害社会的结果而疏忽大意没有预见 ,或者已经预见而轻信能够避免 ,致使公共财产、国家和人民利益遭受重大损失的行为。对职务过失犯罪的注意义务和认定 ,应采取抽象结果预见说 ;对职务过失犯罪的处罚 ,应重于技术过失犯罪和职业过失犯罪。     

An integrated perspective on the three potential sources of partisan bias: Malapportionment, turnout differences, and the geographic distribution of party vote shares

Partisan bias refers to an asymmetry in the way party vote share is translated into seats, i.e., a situation where some parties are able to win a given share of seats with a lesser (share of the) vote than is true for other parties. Any districted system is potentially subject to partisan biases. We show that there are three potential sources of partisan bias: (1) differences in the nature of the vote shares of the winning candidates of different parties that give rise to differences in the proportion of each party's votes that come to be ‘wasted’—differences which arise because of the nature of the geographic distribution of partisan support; (2) turnout rate differences across districts that are linked to the partisan vote shares in those districts, such that certain parties are more likely to have ‘cheap seats’ vis-à-vis turnout; and (3) malapportionment. In the context of two-party competition over single-member districts we provide a simple formulation to calculate the independent effect of each of these three factors. We illustrate our analysis with a calculation of the magnitude and direction of effects of the three determinants of partisan bias in elections to the US House and the US Senate in 1984, 1986 and 1988; then we consider how to extend the approach to a system with a mix of single- and multi-member districts or to a weighted voting system such as the US electoral college. We then apply the method to calculate the nature and sources of partisan bias in the 1984 and 1988 US presidential elections.     

论我国刑法中的职务犯罪概念

职务犯罪是刑法理论中有争议的一个概念。界定职务犯罪概念应当以现行刑法的规定为依据;职务犯罪的概念应当有广义和狭义之分。职务犯罪与"公务犯罪"、"身份犯罪"之间存在包容和被包容的关系。     

Methods for Understanding and Analyzing NIBRS Data

The National Incident-Based Reporting System (NIBRS) is an incident-basedcrime reporting program for local, state, and federal law enforcementagencies. Within each criminal incident, NIBRS captures information onoffenses, victims, offenders, property, and persons arrested, as well asinformation about the incident itself. The ability to link and analyze thisdetailed information is a significant improvement to the existing UniformCrime Reporting (UCR) summary reporting system. As one might expect,however, this increase in crime data significantly complicates the life ofthe data analyst, particularly when cross tabulating the NIBRS data. To dealwith the complexity of NIBRS data, one must understand its structure. Thisarticle provides an overview of the NIBRS structure and methods formaneuvering within it to present and interpret correctly cross tabulationsof the NIBRS data.     

Examining Space–Time Interaction in City-Level Homicide Data: Crack Markets and the Diffusion of Guns Among Youth

This paper examines the linkage between crack market activity and gunhomicide suggested by Blumstein (1995), who argues that the arrival ofcrack stimulated an increased availability of guns among juveniles. Thisgreater availability of guns, the argument continues, is responsible for thesharp upswing in juvenile homicide experienced in the United States in themid-1980s. Using city-level data on crack arrests and gun-related juvenilehomicide, we fit a change-point version of the Bass (1969) model ofinnovation diffusion. We find that, in most large American cities, thediffusion process for crack cocaine experienced an onset of dramatic growththat was followed by a similar, slightly slower growth in gun homicidescommitted by juveniles. We further use cluster analysis to find that thespatial patterning of the two processes is similar, starting on the East andWest Coasts and working their way toward other regions of the nation. Gunuse in homicide among slightly older offenders (ages 18–24) alsoexperienced a change at roughly the same time as the juveniles, but the rateof diffusion was considerably milder than for the younger group; offendersages 25 or older generally show no growth in gun-related homicide whatsoever. In addition, there is no detectable surge in juvenile nongun homicide activity. Based on these findings, we conclude that the crack cocaine markets–gun availability linkage is highly plausible, and we suggest directions for future research in clarifying the dynamics of the late-1980s surge in juvenile homicide.     

Opinion formation in foreign policy: the Swiss experience

Applying John Zaller's model of opinion formation to survey data covering 15 years (1981–95) of direct democracy in Switzerland, this paper provides a contribution to the debate about opinion formation in foreign policy. On the one hand, the Swiss experience contradicts the widespread view that citizens are poorly informed about and little interested in foreign affairs. On the other hand, direct democracy often translates into governmental defeats in this field. We address these mixed results and show that opinion formation in foreign policy is not a special case, and differs from that in domestic policy only with respect to the circumstances under which it occurs. In particular, we highlight the unusual type and level of conflict within the elite on foreign policy issues, which translates into distinct patterns of attitudes among the public.     

国有企业及科教文卫等行业行政化管理与“官本位”问题研究

由＂官本位＂衍生出来的泛行政化管理已成为影响和制约我国国有企业和科教文卫行业科学发展的最大阻力之一。本文在对我国国有企业及科教文卫等行业行政化管理的表现、问题、产生＂官本位＂的原因、危害进行分析的基础上,借鉴国内外人力资源管理开发的经验与教训,为在这些企业、行业有效防止和克服＂官本位＂消极影响提出了一些对策与建议。