精神障碍者刑事责任能力判定研究

为推介中国人民大学法学院博士培养成果,搭建论文品评乃至学术评价之平台,《法学家》专辟博文精萃一栏。该栏目由两部分组成:其一是论文要旨,由博文作者对其博士论文进行全面系统而重点突出的介绍,一般宜包括如下要素:论文的体系架构;论文每章节的主要内容;论文的主要特点;论文的主要创新和不足;论文所研究领域的课题展望。其二是论文评议,可以是答辩委员会的论文审查意见,或者评审专家的点评,具体宜包括如下要素:对论文的总体评价;对论文的体系及各章节的评价;对论文创新的评价;指出论文的不足以及进一步完善的方向。敬请关注并提出宝贵建议。     

Attention to Counter-Attitudinal Messages in a State Election Campaign

Research following the "selective exposure" model has focused on avoidance of political messages with which a person might disagree. But positive attention to such "counter-attitudinal" messages is worthy of study, in part because normative theories of democracy value exposure to information that might disturb citizens' political predispositions. Surveys of youth (N = 417) and parents (N = 430) examine attention to newspaper, television, and Web messages about candidates. While there is somewhat more attention to messages about and for a person's favored political candidate or party, forms of political involvement (knowledge, curiosity, and discussion) that predict this "attitude-consistent" attention also predict counter-attitudinal attention at least as strongly. Parents' education and students' exposure to civics lessons also predict both kinds of attention. These results suggest that attention to counterattitudinal political messages is worthy of further study as an important goal of political socialization and a criterion of citizen performance in democracy.     

Water Privatization in Spain

Abstract

Water management in Spain is submitted to a non‐uniform geographical and seasonal distribution of water resources. The non‐uniform distribution of resources is worsened by the non‐uniform allocation of demand (mainly irrigation and urban). Because that, water supply, aquifers, and wetlands are driven to a high risk. Even though, there are examples of good water management, as is shown for the private industrial productivity of used water. Spain has a very long tradition in public water management (first water law in 1879) at different levels from ministry to municipalities, including users communities. A lot of these organisations are anchored in very old ways of doing, given private sector the opportunity to enter and grow up. A survey about it is presented. In the management of urban water, there are different organisations involved: central administration; autonomic, regional and metropolitan authorities; urban water suppliers and the sanitation authority. The recently approved changes in the former Spanish Water Law, limiting water rights and introducing water market, the new and expected Hydrological National Plan and the European Framework Directive, reinforce the opportunities of the private sector to enter, giving financial resources, technological advances and quick answers to new social concepts in water managerial procedures. We can observe how the Spanish administration uses private water suppliers' front desks to collect taxes and to supply capital to invest in infrastructures and water technology. The question that needs to be addressed is the nature and the impact of the privatisation process in Spain. The unrealistic water urban services price in Spain has been studied and it is presented and evaluated by regions, presenting a deficit to be covered in the future and been a significant gross value of the future business, which invite private sector to participate in. To give a general scope over the evolution of the roll played by the private and public sector, the case of Catalonia, the more evolved autonomous region of Spain in water management, is presented as an example of the future for the rest of the country.     

Parenting Plans for Special Needs Children: Applying a Risk‐Assessment Model

Family courts are seeing an increasing number of separating or divorced families who have a special needs child. These cases present complex challenges for family law professionals charged with crafting parenting plans based on best interests standards. For many of these children, the typical developmentally based custodial arrangements may not be suitable, given the child's specific symptoms and treatment needs. We present a model for understanding how the general and specific needs of these children, as well as the demands on parents, can be assessed and understood in the context of divorce. This includes an analysis of risk and protective factors that inform timeshare and custodial recommendations and determinations. The risk assessment model is then applied to three of the most commonly occurring childhood neurodevelopmental and psychiatric disorders likely to be encountered in family court, namely, attention deficit/hyperactivity disorder, depressive disorders, and autistic spectrum disorders.

Key Points for the Family Court Community
• There has been a dramatic rise in the population of children with neurodevelopmental, psychiatric, and medical syndromes whose parents are disputing custody in the family courts.
• Family law professionals of all disciplines should develop a fundamental knowledge base about the most commonly seen special needs children in family court, such as those with neurodevelopmental conditions like autistic spectrum disorder, attention deficit/hyperactivity disorder, and severe depressive disorders (especially with teenagers), which may involve suicidal or self‐harming behaviors.
• Commonly recommended parenting plans may be inappropriate for many special needs children, as some function significantly below their chronological age and pose extreme behavioral challenges.
• A systematic analysis of risk and protective factors should inform timeshare arrangements and determinations with this varied population, including the safety of the child and severity of the disorder, parental commitment and availability to pursue medical, educational, and therapeutic services, the parental attunement and insightful about the problem, and the differential parenting skills of each parent.

     

侦办非法集资案的基本程序及应注意的几个问题

非法集资案件具有涉案人员多、社会影响大、罪与非罪、此罪与彼罪界限不易区分等特点,侦办过程应注意遵循符合其自身特点的程序,坚持以维护社会稳定为首要原则,严格依法办案,各职能部门密切协作。     

人质谈判中的“关注点”策略

在人质谈判中,由于交际的特殊性,劫持者对自己人身的安全及要求的满足特别关注。他们往往不相信谈判人员友善的示意和话语,不相信警方的承诺,怀疑对方满足自己要求的诚意。谈判主客双方的关注点相互错位,这种错位决定了谈判交际的艰巨性、复杂性。要想有效进行谈判,顺利解决人质危机,警方就必须通过各种努力,诱使劫持者建立起新的、正面的关注点,而淡化、分散、偏移、消除其不利的关注点。     

Severe personality disorder,treatment engagement and the Legal Aid,Sentencing and Punishment of Offenders Act 2012: what you need to know

Empirical research has demonstrated a link between legal coercion and treatment engagement following conviction among those with severe personality disorder. Legal coercive pressures were often applied by the Indeterminate Sentence for Public Protection (IPP), until it was replaced by the Extended Determinate Sentence by the Legal Aid, Sentencing and Punishment of Offenders Act 2012. In this paper, it is proposed that use of the new determinate sentence will lessen motivation for treatment engagement. One effect of treatment refusal may be greater reliance by the Secretary of State for Justice on his jurisdiction to transfer prisoners due for release to secure hospital transfers under the Mental Health Act 1983. Not only will this risk posturing undermine the principal aim of the Offender Personality Disorder Implementation Pathway to improve treatment engagement among the target group, it will also have negative implications for medical practitioners working in secure forensic hospitals. To demonstrate what is at stake, the paper briefly recapitulates empirical findings familiar to readers of the journal, before drawing on original unpublished data.     

Anger and Aggression: A New Beginning?

Within our civilian population, Intimate Partner Violence (IPV) has become a major health problem. Consequences of anger and aggression have resulted in incarceration rates which place the United States as the world's leader with 2.2 million people in prisons and jails. The current treatment of anger and aggression is based primarily on theories that were developed in the early 1980s. Advances in neuroscientific knowledge have exponentially added to our understanding of the underlying biological basis and neuroanatomy of violence and aggression. Through a binaural sound‐based non‐verbal intervention, we have found a key to unlock long‐term memory (Reconsolidation) that facilitates rapid remediation of anger and violence issues. Within our Pilot Study findings, a number of our combat‐veterans with Post‐Traumatic Stress Disorder (PTSD) experienced a positive transformation in their capacity to evidence empathy, intimacy and social engagement as contrasted with their prior isolative tendencies. We extrapolate how this intervention might positively impact those engaged in Anger Management (AM) and IPV programs.     

青少年“网瘾”者矫治措施的合法性研究

本文从界定“网瘾”的概念入手,对目前我国矫治青少年“网瘾”所采取的种种措施之合法性展开研究．笔者认为,我国目前的“网瘾”概念有被扩大使用的情况。这种情况反而可能会侵害接受矫治的青少年之合法权益。     

How do professionals experience working with offenders diagnosed with personality disorder within a prison environment?

To explore the different experiences of a Multidisciplinary Team working with offenders diagnosed with personality disorder (PD) and produce a substantive model of the Offender PD Pathway strategy from a staff perspective. Fourteen participants were recruited from ‘Unit A’ located within a high security prison. Semi-structured interviews were conducted with participants and the data collected were analysed using constructivist grounded theory. A model was constructed depicting the experiences of those working with offenders with PD. Main themes identified were: prison environment; synergy of the workforce; understanding of the client; individual perceptions; support; and personal change. Although there was enough similarity within the participants’ responses to consider them to be a homogenous population, there were some noticeable differences in trends of responses evident between the two sub-groups of health service-based clinical staff and prison staff as expressed in the model. There is interplay between factors which influence an individual’s experience of working with offenders with PD. How a member of staff experiences working with offenders with PD depends on more than just the nature of the client and the challenges they pose. These factors external to the client group appear to have a significant impact on the professional and their emotional experiences of their work.