侵犯公民个人信息罪的刑事立法初探——兼评《中华人民共和国刑法修正案（七）》第七条

对侵犯公民个人信息行为的构成要件符合性、违法性、有责性判断影响侵犯公民个人信息罪的法益、其在法典中所处位置、入罪条件、犯罪性质、责任主体与主观方面的评价;《中华人民共和国刑法修正案（七）》第七条的规定尽管在立法上有着重要的积极意义,但由于主客观的原因,其相关的一些问题仍需进一步探讨。     

The Impact of Neighborhood Disadvantage and Exposure to Violence on Self-Report of Antisocial Behavior Among Girls in the Juvenile Justice System

The current study extended previous research with adults and boys to girls in the juvenile justice system (N = 122; M = 16.7; SD = 1.3). Using a longitudinal research design, neighborhood disadvantage and exposure to violence (i.e., physical abuse by parents, physical abuse by peers, and witnessing violence) were assessed during incarceration. These risk factors were used to predict violent and delinquent behavior post-release. Furthermore, race specific pathways were examined to determine if the impact of these risk factors varied among Black (n = 69) and White girls (n = 53). Results indicated that Black girls were more likely than White girls to live in disadvantaged neighborhoods, but both reported similar levels of exposure to violence and self-report of antisocial behavior. Physical abuse by parents, time at risk, and age were related to violent behavior, while witnessing violence and time at risk were related to delinquent behavior. Multiple group analyses indicated the existence of race specific pathways. Specifically, physical abuse by parents was related to violent behavior for White girls while witnessing violence was related to violent and delinquent behaviors for Black girls. Results suggest that contextual processes play an important role in predicting antisocial behavior for Black girls.

It Takes a Village: Protecting Rural African American Youth in the Context of Racism

Prior research demonstrates negative consequences of racism, however, little is known about community, parenting, and intrapersonal mechanisms that protect youth. Using a mixed-methods approach, this study illuminated linkages between positive and negative contextual influences on rural African American adolescent outcomes. Quantitative results provide support for Structural Ecosystems Theory, in that the influence of discrimination and collective socialization on adolescent outcomes was mediated by racial socialization and positive parenting. Parenting and community influences contributed to adolescent racial identity and self image, which protected against common negative responses to racism; including academic underachievement, succumbing to peer pressure, and aggressive tendencies. Qualitative results indicate that current measures of discrimination may underestimate adolescents’ experiences. Adolescents reported racist experiences in the domains of school, peers, and with the police (males only). Moreover, qualitative findings echoed and expanded quantitative results with respect to the importance of the protective nature of parents and communities.

Family Transitions and Later Delinquency and Drug Use

Changes in the family structure can be very disruptive to adolescents who live in those families. This article examines the impact of the number of family transitions on delinquent and drug-using behavior. Specifically, the effect of family transitions is hypothesized to be mediated by problems within the family, school, and peer settings. A sample of 646 boys (73%) and girls (27%) taken from a longitudinal panel study of high-risk adolescents are used to examine these hypotheses. For girls, little support is found for the direct or the indirect effect of family transitions on delinquent behavior or drug use. For boys, however, both forms of problem behavior are influenced by family transitions directly and indirectly through changes in, and problems with, peer associations. The findings suggest that during times of family turmoil, the friendship network of adolescent male children is also disrupted, leading to an increase in associations with delinquent others and, in turn, an increase in problematic behaviors.

我国刑事诉讼相互印证的证明模式

我国刑事诉讼中奉行相互印证的证明模式。它以被告人口供为印证机制的中心,忽视对单个证据的独立审查,强调证据之间的相互印证作为审查证据的关键,相互印证才敢定案。这种证明模式追求客观真实的价值取向,却可能不利于发现真相,侵害被告人的权利。因此,要重新认识客观真实的证明标准,建立对单个证据的独立审查方法和对被告人供述自愿性的保障机制和激励机制。     

A Person-centered Approach to Studying the Linkages among Parent–Child Differences in Cultural Orientation,Supportive Parenting,and Adolescent Depressive Symptoms in Chinese American Families

This longitudinal study examined whether supportive parenting mediates relations between parent–child differences in cultural orientation (generational dissonance) and depressive symptoms with a sample of 451 first and second generation Chinese American parents and adolescents (12–15 years old at time 1). Using a person-centered approach, meaningful typologies of cultural orientation were derived for fathers, mothers, and adolescents. Overall, results provided support, though qualified, for the notion that generational dissonance is linked to depressive symptoms through decreased supportive parenting. In general, having a parent with a bicultural profile seemed to be most advantageous if adolescents similarly had a bicultural profile, whereas more American oriented adolescents with more Chinese oriented parents reported the least supportive parenting and most depressive symptoms. Directions for future research and the benefits of using a person-centered approach in research of acculturation and generational dissonance are discussed.

价值与制度的贯通:现代民法文化研究纲要——兼论我国民法典的制定

民法价值和制度之间需要民法文化来贯通.现代民法文化既要实现个人自由又要实现社会正义的价值,而这两种价值的变迁都可以在人格、所有权和契约制度中得以体现.在我国当前的民法制度建构过程中,我们一方面要培养民法文化的成长,另一方面应该用现代民法文化的精神来指导民法典的制定,因为民法典是目前构筑现代民法文化的一种重要方式.     

Psychosocial comparison of carers and noncarers

Abstract

Limited exploration of young carers’ (YCs) impacts includes noncaregivers, thus reducing our understanding of YCs’ unique characteristics. Secondary comparative analyses of 124 YCs (n?=?72 females, Mage?=?12) and 124 noncarers were conducted to examine family, individual, and social contexts. Statistical analyses revealed YCs were different from non-YCs, suggesting caregiving could be a contributing factor in altering temperament and family dynamics as well as lowering self-esteem and raising the incidence of depressive symptoms. A comprehensive YC profile resulted from the findings. This profile may help promote identification and recognition of YCs.     

基 于 功 能 性 磁 共 振 成 像 技 术 探 讨 针 刺 太 冲 穴 脑 激 活 区 的 性 别 差 异

目的 采用功能性磁共振成像(functional magnetic resonance image, fMRI)技术观察针刺太冲穴所激活脑区的性别差异,以阐明针刺效应性别差异的机制。方法 女性组选取25例青年女性志愿者,男性组选取30例青年男性志愿者,针刺志愿者左侧太冲穴并收集fMRI数据。结果 女性组针刺太冲穴激活的脑区有左侧小脑下部、右侧缘上回、左侧中央后回。男性组针刺太冲穴激活的脑区有右侧缘上回、左侧中央盖沟、右侧中央旁小叶。与女性组比较,男性组更广泛地激活了右侧缘上回、右侧中央沟盖。结论 针刺受试者太冲穴激活脑区并不完全对称,针刺效应在大脑具有偏侧性,针刺太冲穴时大脑活动反应存在性别差异。     

Genome‐wide Screen for Individual Identification SNPs (IISNPs) and the Confirmation of Six of Them in Han Chinese with Pyrosequencing Technology*

Abstract: Single nucleotide polymorphisms (SNPs) offer promise to forensic DNA analysts, but it remains uncertain whether a panel of individual identification SNPs can be as informative as the Combined DNA Index System short tandem repeats. Based on the highly accurate and publicly available HapMap SNP database (r21a) and a minor allele frequency cutoff of ≥0.45, we completed a genome‐wide screen through 3,905,819 SNPs with internally modified computer programs and identified 1439 SNPs with high heterozygosity and low F_st values among four populations (Utah Caucasian, Han Chinese, Tokyo Japanese, and Nigerian Yoruba). Using pyrosequencing technology, we studied six loci in a relatively large group of samples to determine whether these loci were as informative as the HapMap data suggest. These SNPs performed as expected in the Han Chinese in terms of heterozygosity and F_st. The 1439 identified SNPs should provide a comprehensive and reliable set of loci for identity and relationship testing.