内幕交易犯罪客观要件的认定——以美国对证券内幕交易罪的相关规定为视角

伴随着中国民众投资理财观念的不断增强,证券交易已经成为我国国民经济中不可或缺的一种交易形式。其中,内幕交易、泄露内幕信息的行为日益频繁,且呈现出行为方式多样化、主体多元化的特征。最高人民法院、最高人民检察院于2012年5月出台了第一部专门针对内幕交易犯罪的司法解释。由此,结合美国关于证券内幕交易的相关理论、法规和案例,对《关于办理内幕交易、泄露内幕信息刑事案件应用法律若干规定的解释》中所涉及的关于内幕交易罪客观行为规定所存在的问题,提出相应的修改和完善建议。     

浅谈武术散手中边腿技术的重要性及教学要点

边腿具有攻击时起动速度快、进攻点多、使用和命中率高、得分多等特点,它是武术散手实战中的一项重要技术。在边腿技术教学中,我们要注意正确的基本技术、良好的战术意识、过硬的身体素质和专项素质这三个教学要点,理论联系实践,循序渐进。     

State,Society and Markets in Argentina: The Political Economy of Neodesarrollismo under Néstor Kirchner, 2003–2007

The national Peronist social contract in Argentina has a long history rooted in syndicalism and populism. However, Menemismo in the 1990s, El Argentinazo in December 2001, and Kirchnerismo post crisis have all served to change the fundamental framework of the Argentine economy, the social underpinnings of that economy and how it intersects with global capital. This article is an attempt to identify the nature of Kirchner's administration through analysis of political economy, therefore seeking to facilitate a deeper understanding of the developmental nature and impact of the Kirchner administration of 2003–2007.     

道路交通管理“教学练战一体化”教学模式设计——以西藏警官高等专科学校为例

西藏警专道路交通管理专业培养“公安基层部门从事道路交通管理的应用型人才”，选择“教学练战一体化”的教学模式是符合西藏警专人才培养和实际需求的教学模式。发挥其应用作用的关键在于充分了解西藏道路交通管理的需求和培养学生应该具备的职业素质和能力，并据此设计良性互动的环节，教是基础，学是关键，练是保证，战是导向。     

Mediation and Culture: The Example of the ICC International Commercial Mediation Competition

The International Commercial Mediation Competition is organized by the International Chamber of Commerce (ICC) in Paris, which held the event for the eighth time in February 2013. As the competition has grown, participation has become more and more diverse and thus mediation and negotiation have become more and more cross‐cultural. This led the ICC to invite external research on culture at the competition in February 2011. In this article, I discuss this student competition, the external research project question, and the culture of the competition. I also identify some of the further cultural issues raised by referring to relevant research on conflict and mediation across cultures, and conclude with some thoughts on how better to conceptualize the field of cross‐cultural mediation in terms of a systems approach.     

Decision‐making during international crises: A reexamination

The purpose of this research note is to reexamine the methods and codings of crisis decision‐making processes performed by Herek, Janis, and Huth in 1987, and thereby to discuss the role of the case survey method as a means to build theory in the study of foreign policy. The research reported here uses a somewhat different measure of decision‐making process quality and a slightly expanded list of data sources than were used by Herek and his colleagues. It reevaluates a subset of the cases explored in the previous study. This research note largely confirms the analysis of crisis decision‐making processes presented in the previous study, though it notes and discusses some discrepancies. Furthermore, this reexamination seeks to contribute to our understanding of crisis decision‐making processes by using a different conceptualization of decision‐making process quality and thus a different coding procedure.     

科学发展观对妇女权益保障的实践要求

科学发展观是科学的方法论,是我们用理论武装建构妇女权益保障体系的指南针。科学发展观对妇女权益保障思想提出了实践要求：在保障方式上,用国家根本法和法律法规的形式来保障妇女权益;在保障主体上,通过政府履行职能等多元化主体来保障妇女权益;在保障内容上,通过充实其内涵更大限度地保障妇女权益。     

SELECTIVE INCAPACITATION,THREE STRIKES,AND THE PROBLEM OF AGING PRISON POPULATIONS: USING SIMULATION MODELING TO SEE THE FUTURE*

Research Summary: The growth of prison populations over the last three decades is a great source of concern for policy makers and observers. One mechanism by which this growth occurs is via sentencing reforms that extend length of stay for certain categories of offenders. This has the effect of aging prison populations, which is problematic for many reasons. Apart from the increased financial burdens entailed in caring for older prisoners, it is also important to consider the intent of reforms in evaluating them. Of late, sentencing reform has become increasingly focused on the selective incapacitation of dangerous offenders. Policies that have the effect of aging the prison population are problematic from this perspective due to the diminishing returns realized with respect to incapacitation as offenders age. Dynamic systems simulation analysis is employed to investigate the likely consequences of recent sentencing reforms that increase length of stay for some offenders. These analyses indicate that the effects of recent reforms may not be as dramatic as some observers have predicted, but they suggest that the consideration of alternatives to incarceration for elderly offenders is warranted from the standpoint of cost considerations as well as that of selective incapacitation. Policy Implications: The results indicate that California's Three Strikes law will not accelerate the rate of growth of the elderly prison population. However, even without increasing the proportional representation of elderly prisoners, the number of elderly prisoners is expected to grow substantially over the next three decades. These prisoners will strain criminal justice system resources while presenting little public safety threat. State criminal justice policy makers and their constituents should closely examine laws that impose very long stays without discretionary release, as these statutes may contribute to the production of elderly prisoners. This problem is particularly pronounced in Three Strikes and other habitual offender laws that use retrospective methods to identify habitual offenders. Additionally, the effects of reforms lengthening stay for some offenders must be considered in light of cumulative effects of sentencing reform resulting in changes to the demographic structure of the prison population overall. Dynamic systems simulation modeling is presented as a valuable policy‐making tool, as it allows the policy analyst to examine the potential impacts of laws in the absence of data suitable for conventional statistical analyses.     

'A Manual of Diplomacy': The Genesis of Satow's Guide to Diplomatic Practice

Often referred to as simply 'Satow', the Guide to Diplomatic Practice stands as a lasting monument to Satow's 'second career' as a scholar of international law and diplomacy. However, there was more to this phase in Satow's life than the Guide's two stout volumes. This article argues that in reconstructing the origins and genesis of this work, Satow's own conception of diplomacy as an historically evolved tool of international politics can be examined much more comprehensively than is possible on the basis on the current fifth edition of the Guide. Moreover, this examination will also offer further insights into the evolution of diplomatic studies as an academic discipline in the early twentieth century.     

STRUCTURAL FACTORS AND BLACK INTERRACIAL HOMICIDE: A NEW EXAMINATION OF THE CAUSAL PROCESS*

This study evaluates the assumption that deprivation among African Americans and racial inequality lead to black interracial homicide due to racial conflict and antagonism. Using refined race‐adjusted Supplemental Homicide Report data, Uniform Crime Report data and census data, we test an alternative hypothesis that draws on the macrostructural opportunity theory to assess and more accurately specify the relationship between structural characteristics and black interracial homicide. We find that first, the relationship between economic factors and black interracial homicide can be explained in large part by high rates of financially motivated crime such as robbery, and second, that economic factors are associated with financially motivated but not expressive black interracial killings. Analyses of black intraracial killings are performed for comparison purposes. Collectively, the findings suggest that conflict‐based explanations rooted in racial antagonism and frustration aggression may be premature.