我国土地行政复议的检视与省思

土地行政纠纷是行政争议中的难点和重点,能否妥善化解土地行政争议直接关系到政府的权威和公信力。作为解决土地行政争议的法定渠道之一,土地行政复议因其灵活、便捷、经济、高效的优势发挥着不可替代的作用,成为集中反映我国行政复议整体现状的一面镜子。土地行政复议的不足之处主要表现为功能定位不清、受案范围狭窄和问责制度不健全,对此,我国应当打造土地行政复议的龙头地位,明确"以化解争议为主,附带实现权利救济和自我纠错"的功能定位,同时拓宽受案范围,规范问责体系。     

试论我国主诉检察官制度的困境与完善

推行检察官办案责任制改革是落实党中央和最高人民检察院部署的重要举措,是建立高效权威、符合司法规律的社会主义司法制度的必然要求,是完善办案机制、提升法律监督效能的现实需要,为此,党的十八届三中全会《决定》要求,探索建立突出检察主体地位的办案责任制,以完善主诉检察官办案责任制为抓手,突出检察官办案主体地位,明确检察官办案责任和权力,对所办案件终身负责,严格错案责任追究,形成权责明晰、权责统一、管理有序的司法权力运行机制,当然,从试点运行到逐步推进,这项制度在取得明显实效的同时,也存在着一定的理论争议和实践问题。     

VULNERABLE VICTIMS,MONSTROUS OFFENDERS,AND UNMANAGEABLE RISK: EXPLAINING PUBLIC OPINION ON THE SOCIAL CONTROL OF SEX CRIME

With the possible exception of terrorists, sex offenders in the United States experience a greater degree of punishment and restriction than any other offender group, nonviolent or violent. Members of the public overwhelmingly support “get tough” sex crime policies and display an intense hostility toward persons labeled “sex criminals.” The theoretical literature has identified three models potentially explaining public opinion on the social control of sex crime: the victim‐oriented concerns model, the sex offender stereotypes model, and the risk‐management concerns model. However, empirical work that directly tests these models is absent. This article addresses that gap by analyzing national survey data that includes measures of the key concepts outlined in the different theoretical models and items gauging support for punitive sex crime laws as well as support for sex offender treatment. The findings provide partial support for all three models but suggest that extant theories can better explain support for punitive sex crime policies than views about sex offender treatment.     

Ontogeny of Size and Shape Sexual Dimorphism in the Ilium: A Multislice Computed Tomography Study by Geometric Morphometry

We studied sexually dimorphic differences in the ilium using geometric morphometric analysis of 10 osteometric landmarks recorded by multislice computed tomography, based on three‐dimensional reconstructions of 188 children (95 boys, 93 girls) of mixed origins living in the area of Toulouse, southern France, and ranging in age from 1 to 18 years. We used geometric morphometrics methodology first to test sexual dimorphism in size (centroid size) and shape (Procrustes residuals) and second to examine patterns of shape change with age (development) and size change with age (growth). On the basis of statistical significance testing, the ilium shape became sexually dimorphic at 11 years of age, although visible shape differences were observed as early as 1 year of age. There was no statistically significant difference in size between sexes. Trajectories of shape (development) and size (growth) differed throughout ontogeny and between sexes.     

The Effect of Victim Attitudes and Behaviors on Sexual Assault Victimization Severity: An Examination of University Women

The current study investigates a number of theoretically relevant victim characteristics to determine their impact on sexual assault victimization severity. Ordinary least squares regression analysis of survey responses from a sample of 204 university women indicated significant relationships between many of the variables of interest and increases in victimization severity. In particular, risk-taking behavior, delayed victim response strategies to sexual risk, increased number of lifetime sexual partners, and more frequent exposure to pornographic media significantly correlated with increasingly more severe forms of sexual assault. Future research directions and policy implications are discussed.     

试论服务型政府建设的价值取向与发展模式转换

服务型政府是一个以追求公众利益最大化、以提供公共产品和公共服务为目标、以法治为手段,全面接受社会公众监督的现代政府。＂以人为本＂是服务型政府的价值追求,＂以人为本＂、以公民权利为本位以及公众利益最大化是服务型政府的首要目标。目前,在我国的服务型政府建设过程中,形成了发展型、保障型和参与型三种发展模式。     

Sexual Orientation and the Effects of Intimate Partner Violence

Studies have demonstrated a relationship between intimate partner violence (IPV) and depression and other mental health issues such as suicidal behavior and posttraumatic stress disorder. Despite the breadth of the literature, there is a dearth of information specifically regarding the effects of IPV in same-sex relationships. Information regarding the prevalence of substance abuse and health issues in non-heterosexual IPV victims when compared to heterosexual IPV victims will be extremely helpful in developing tailored victim services to sexual minorities. This study uses the National Violence Against Women Survey to examine hypothesized relationships between IPV, its effects, and sexual orientation. Given the higher prevalence rates of IPV in same-sex relationships (Messinger, 2011 Messinger , A. ( 2011 ). Invisible victims: Same-sex IPV in the National Violence Against Women Survey . Journal of Interpersonal Violence , 26 , 2228 – 2243 .[Crossref], [PubMed], [Web of Science ®] , [Google Scholar]), logistic regression models are used to test the hypotheses that non-heterosexual victims of IPV will have higher rates of depression, substance use, and health issues.     

The impact of questioning style on the content of investigative interviews with suspected child sexual abuse victims

Abstract

This study explored the influence of question type and interviewer style on the quantity and quality of responses offered by children in interviews for suspected sexual abuse. The analysis covered 36 investigative interviews conducted by polia officers under the Memorandum of Good Practice with children aged 4–7, 8–11 and 12–14 years. The dependent measures were the temporel length of children's answers and the number of criteria derived from Criteria Based Cornent Analysis (CBCA) they contained. Only 2% of all questions were open-ended, but just 3% were judged leading. Open questions were most effective with 12–14 year olds but not with younger children who provided nose information in response to specific yet not leading or closed questions. Longer answers containing move CBCA criteria were associated with interviews containing many affirmative utterances and verbal affirmations and a brief rapport. The implications of these findings for interview theory and practice are briefly discussed.     

Long-term follow-up of criminal recidivism in young sex offenders: Temporal patterns and risk factors

Abstract

Recent studies indicate that risk for criminal re-offending in identified adult sex offenders may persist decades after the index offence, calling for inquiry into these issues also for younger sex offenders. The author studied temporal patterns for criminal reconvictions and the validity of 16 empirically motivated risk factors for recidivism among all young sex offenders (15–20 years of age) subjected to pre-sentence forensic psychiatric evaluations in Sweden during 1980–1995 (N = 126). The Ss were followed from release and for an average of 115 months. One-hundred-and-seventeen (115 male, 2 female) Ss were available for follow-up with a mean time-at-risk of 80 months. Base rates for sexual and violent non-sexual reconvictions were 30% and 42%, respectively. Using time-at-risk-adjusted hazard ratios derived from Cox regression, characteristics indicative of deviant sexual interest (any previous sex offending behaviour, an index sex offence in a public area, involving a stranger victim, offending on two or more offence occasions, and two or more victims) were found to increase the risk for sexual recidivism. Markers of antisocial lifestyle (early signs of DSM-IV Conduct Disorder and any prior violent conviction), sex offence-related characteristics indicating aggression proneness (use of threats or force and physical victim injury), and victim penetration, increased the risk for violent non-sexual reconvictions. Survival analyses indicated that the rate of sexual reconvictions as a function of time at risk decreased distinctly after 6–7 years whereas the rate for violent non-sexual reconvictions remained largely the same.     

Psychosexual characteristics of sexual offenders and the relationship to sexual reconviction

Abstract

The purpose of this study was to determine if the Multiphasic Sex Inventory (MSI) could be used to predict sexual reconviction. The MSI was administered to 119 convicted male sex offenders. Reconviction data were analysed using the receiver operating characteristic (ROC) over 2-, 5- and 10-year follow-up periods. The MSI scales Sexual Obsession and Paraphilia (Atypical Sexual Outlet) obtained good accuracy in predicting sexual reconviction over 2- and 5-year follow-up periods. A confirmatory factor analysis of the MSI scales yielded a four-factor solution: Sexual Deviance, Sexual Desirability, Dysfunctional/Justification, and Normal. The Sexual Deviance factor demonstrated good accuracy in predicting sexual reconviction at 2-year follow-up while the Normal factor was a poor predictor of sexual reconviction. Compared against an actuarial risk assessment measure for sexual offenders, the Sexual Obsession, Sexual/Social Desirability, and Sexual Dysfunction scales, and Sexual Deviance factor made a statistically significant contribution independent of the risk scale in predicting sexual reconviction. It is argued that rather than using the MSI solely as an assessment measure of psychosexual characteristics of sexual offenders in treatment programmes, it can be used to provide additional information as part of an assessment of risk of sexual reconviction.