我国民航旅客黑名单的三元体系及其救济途径

实践中,我国民航旅客黑名单形成了三元体系,其制定发布者既可能是国家有关机关即中国民用航空局,也可能是行业协会即中国航空运输协会,还可能是航空运输企业即航空公司。中国航空运输协会和中国民用航空局设立旅客黑名单是具体行政行为,属于行政处罚的行为罚和申诫罚,构成行政法律关系,可以提起行政复议或行政诉讼;航空公司设立旅客黑名单属于企业自主行为,构成民事法律关系,只能寻求民商事救济,但其合法性与合理性存疑。我国应通过民航旅客黑名单法律制度创新,赋予中国航空运输协会制定权、中国民用航空局监督权、航空公司动议权和执行权,赋予旅客行政复议和行政诉讼权。     

Building on the Greenbook: A Perpetrator Pattern‐Based Approach to Improve Child Welfare’s Response to Domestic Violence

The Greenbook Initiative has acted as a catalyst for change across the United States and globe. In this article, the authors discuss how the Greenbook has shaped the environment related to perpetrator accountability in child welfare, how a paradigm shift in work with fathers can advance domestic violence‐informed practice, and how a perpetrator pattern‐based approach, as exemplified by the Safe & Together Model, can help advance the vision of the Greenbook.     

Echoes of a fading past: Authoritarian legacies and far-right voting

In recent years, electoral support for the far-right has increased dramatically across the world. This phenomenon is especially acute in some new democracies; however, little attention has been devoted to the effects of the legacies of past authoritarian ideologies. We argue that the ideology of the past regime affects far-right support because voters that were politically socialized under authoritarianism will be biased against its ideological brand. To test this argument, we conduct an individual-level analysis across 20 countries between 1996 and 2018 using a difference-in-difference estimation and a country-level analysis using data from 39 democracies between 1980 and 2018. We demonstrate that voters socialized under right-wing dictatorships are less likely to support far-right parties compared to citizens that were socialized under different circumstances. Moreover, support for far-right parties is significantly lower in countries that transitioned from right-wing autocracies. Findings are discussed in light of the contribution to the far-right movement literature.     

Dismemberment and Mutilation: A Data-Driven Exploration of Patterns,Motives, and Styles

Classification of violent behavior, including dismemberment and mutilation, has become increasingly more significant. This study uses a data-driven classification system based upon knowledge drawn from the pertinent literature, and examination of cases of offenders who have dismembered or mutilated their victims. The latter were extracted from the Serial Killer Database, as well as media sources, and assessed for characteristics of the perpetrators and victim(s). An informational form was developed and used to establish quantitative parameters and objectively extract pertinent information that could be used for comparison and pattern analysis. Motives and styles, as well as the organized/disorganized dichotomy for murder and dismemberment/mutilation, were examined for each case. The majority of cases demonstrated defensive styles (60%), with the second most common being offensive styles (26%), which differs from previous studies that do not exclude older cases. Additionally, 68% of cases reflected organized patterns for both murder and the acts of dismemberment or mutilation. The results support a data-driven classification system that may serve as a foundational model for the investigation of specific motives of this type of deviant behavior in future research.     

抵押合同债法效力的解释进路

《中华人民共和国民法典》第400条承袭《中华人民共和国物权法》第185条对《中华人民共和国担保法》第41条规定的抵押合同生效模式进行了改变,但同样未就抵押合同的债法效力问题作出明文规定。《中华人民共和国民法典》颁布前,就登记要件主义下抵押未登记时的抵押人责任,既有理论和司法实践将《中华人民共和国合同法》第107条之适用视为当然,对此,应当予以系统反思。就债法面向的抵押合同及抵押登记义务,在保证合同进路与买卖合同进路之外,存在以原因行为无偿性为切入点的赠与合同解释路径,抵押合同(之债权行为面向)之无名部分可以类推适用《中华人民共和国民法典》合同编赠与合同规则;进而,抵押登记义务因《中华人民共和国民法典》第658条第1款之任意撤销权而应予以柔化,从而使得《中华人民共和国民法典》第577条之当然适用一般性地落空;同时,柔化之抵押登记义务,可据《中华人民共和国民法典》第658条第2款之公证再予以要式强化;抵押登记义务柔化几乎一概性地排除了抵押人违约责任的证立,但债权人利益保护仍得于"三层次担保结构"中渐次加持而得以周全。     

论我国监狱管理行为的司法审查

特别权力关系理论的渗透以及对监狱管理行为性质认识的误区,导致监狱管理行为长期游离于司法审查范围之外,导致服刑人员权益得不到切实维护。将监狱管理行为纳入司法审查具有重要意义,但基于服刑人员的特殊地位,只有日常的、涉及到"重要事项"的监狱管理行为,且在服刑人员穷尽内部救济的情况下才能提起诉讼。     

Developmental Trajectories and Intentional Actions

The article turns a critical eye on problems arising from use of largesamples and complicated statistics to handle multilevel designs. I arguethat although these have a legitimate role to play in discovering causalrelations, valuable information can be lost or distorted in the processof their use. Exploratory classification and tree diagrams show howtransitional analyses can unpack effects of community, family, priormisbehavior, juvenile delinquency, and incarceration on adult criminalbehavior. The analyses showed that in the worst neighborhoods, disruptivebehavior had little discriminating power with regard to juveniledelinquency or adult crime. They showed also that good family interactionsserve as protection against crime in all types of neighborhoods. ConstructTheory, I suggest, is a way to understand the influences that seem toproduce criminal behavior.     

知识产权领域的反竞争行为及其法律规制

知识产权的设定与行使既促进竞争又不可避免地限制竞争,知识产权保护制度是在限制竞争的基础上最大限度地促进竞争。在知识产权领域,本身也存在反竞争行为,具体可分为可容忍的反竞争行为和应受管制的反竞争行为。对于知识产权滥用导致的反竞争行为应受到知识产权法自身规范、民法基本原则以及竞争法的规制。     

Patterns of Problem Behavior in Relation to Thriving and Precocious Behavior in Late Adolescence

Several studies have indicated that an early onset of delinquent and problem behaviors is associated with a greater risk of subsequent behavioral and mental health problems. This study builds on that literature by examining histories of behavior problems in relation to indicators of thriving and precocious behavior during late adolescence. Using longitudinal data from 289 high-risk adolescents, participants were classified according to their problem behavior histories at ages 15 and 19. Findings indicated that although some adolescents experienced decline over time in their overt behavior problems, those youth showed fewer indicators of thriving when compared to adolescents with no history of behavior problems. Youth with an earlier onset of behavior problems also evinced an increased risk for precocious behavior. Gender differences and implications for prevention through youth development programming are discussed.