论作为“客观的超过要素”的危害结果——兼与张明楷教授商榷

在刑法分则规定了双重危害结果的故意犯罪构成当中,侵害或威胁随意客体的危害结果可能成为客观的超过要素,该要素具有区别于犯罪故意的主观心理,可以存在于独立或派生的犯罪构成内,在分则条文里有多种表现形式.     

被保险人施救义务比较研究

在人寿保险以外的其他类型保险中,被保险人应在事故发生后承担施救义务。被保险人应主动履行施救义务,如果保险人就如何施救给出指示,被保险人应遵照执行。被保险人履行施救义务时发生的必要、合理费用,保险人应予以补偿,但补偿金额原则上不应超过保险金额。如果被保险人违反施救义务,保险人对由此发生或者扩大的损失不负赔付责任。     

Purposefully Triggering Unintended Consequences: the European Commission and the Uncertain Future of the EU-ACP Partnership

ABSTRACT

The EU’s proposal to renew the EU-ACP Agreement in spite of a number of signals pointing in the opposite direction is, inter alia, the unintended consequence of independent decisions taken in three different policy areas (trade, environment, and foreign and security affairs). The common unintended consequence that the three decisions shared would not have materialised if the European Commission had not purposefully triggered it to justify its vision of future EU-ACP relations. These findings challenge the prevailing and superficial usage of the notion of the unintended as a synonym for unanticipated and undesirable, and demonstrate that unintended consequences do not necessarily presuppose lack of anticipation, but may well be the result of calculation by policymakers.     

Horizontal and Vertical Diversity: Unintended Consequences of EU External Migration Policy

ABSTRACT

Unintended consequences arising from EU external migration policy are a result of the multi-actor nature of this policy and of policy interactions. In addition, scholars face serious methodological challenges in establishing what the EU’s ‘intent’ is in external migration policy and, therefore, in determining which consequences are intended and which are unintended. The literature on the implementation and evaluation of EU external migration policy is in its infancy, and future work should take into account all policy outcomes – both those that were intended and those that were not.     

Unintended Consequences of State-building Projects in Contested States: The EU in Palestine

ABSTRACT

The existing literature on state-building has focused mainly on post-conflict cases and ‘conventional’ examples of statehood, without taking into consideration the particularities of states that remain internally and/or externally contested. The EU’s engagement in Palestinian state-building through the deployment of EUPOL COPPS and EUBAM Rafah has generated various types of unintended consequences: anticipated and unanticipated, positive and negative, desirable and undesirable, some of which fulfill and some of which frustrate the initial intention. These have important reverberations for the EU’s conflict resolution strategies in Israel and Palestine, the most important being the strengthening of power imbalances and the enforcement of the status quo.     

危险物品肇事罪若干疑难问题新探

危险物品肇事罪是我国刑法规定的一种常见多发的犯罪.在司法实务中存在不少疑难和困惑的问题.因此,本文专门探讨了本罪中有关犯罪主体的范围、"危险物品"的范围、"生产、储存、运输、使用"的含义等问题,以期有助于司法实务中对本罪的正确认定和处理.     

侦查阶段律师介入的相关法律问题及其完善

律师介入刑事侦查是现行刑事诉讼法确立的一项诉讼制度。由于立法缺陷及侦查人员认识偏差等原因,司法实践中律师介入侦查困难重重,也带来了一系列负面影响。为此,应对现行律师介入侦查的相关规定进行立法完善,转变观念,依法保障犯罪嫌疑人及律师的权利,并完善相关的监督机制,开辟法律救济渠道。     

Does Terrorism Pay? An Empirical Analysis

Does terrorism help perpetrators to achieve their demands? Few research questions about terrorism generate as much controversy. This study contributes to the debate in two main ways. First, we identify major limitations within the burgeoning literature on the effectiveness of terrorism. Specifically, we highlight the main methodological problems vexing empirical assessments of whether terrorism promotes government concessions. Second, we present a research design that circumvents those recurrent methodological shortcomings. In short, we find no empirical evidence to suggest that terrorism pays. In fact, multiple variants of the tactic in hostage standoffs impede the perpetrators from coercing government compliance. The negative effect of terrorism on the odds of compliance is significant and substantial across logistic and multilevel logistic model specifications, particularly when civilians are killed or wounded in the coercive incident. These findings have important implications for both scholars and practitioners of counterterrorism.     

THE IMPLICATIONS OF ARREST FOR COLLEGE ENROLLMENT: AN ANALYSIS OF LONG‐TERM EFFECTS AND MEDIATING MECHANISMS*

This study draws on labeling theory and education research on the steps to college enrollment to examine 1) whether and for how long arrest reduces the likelihood that high‐school graduates will enroll in postsecondary education and 2) whether any observed relationships are mediated by key steps in the college enrollment process. With 17 years of data from the National Longitudinal Survey of Youth 1997 (NLSY97) and propensity score matching, we derived matched samples of arrested and nonarrested but equivalent youth (N = 1,761) and conducted logistic regression and survival analyses among the matched samples to examine the short‐ and long‐term postsecondary consequences of arrest. The results revealed that arrest reduced the odds of 4‐year college enrollment directly after high school, as well as that high‐school grade point average and advanced coursework accounted for 58 percent of this relationship. The results also revealed that arrest had an enduring impact on 4‐year college attendance that extended into and beyond emerging adulthood. Two‐year college prospects were largely unaffected by arrest. These findings imply that being arrested during high school represents a negative turning point in youths’ educational trajectory that is, in part, a result of having a less competitive college application. Implications are discussed.