论我国刑法中公共安全的内涵及其认定标准

目前刑法学界关于公共安全的内涵界定的各种观点,都狭于我国刑法关于危害公共安全具体罪名的立法精神。我国刑法规定的公共安全的内涵应当是指"不特定或者多数人的生命、健康、财产安全,重大公私财产安全,重大生产安全,公共生活安宁以及重大公共利益的安全"。危害公共安全的认定标准是两个方面的有机结合:行为本身的高度危险性和行为危害结果"不特定"或者"多数"的客观可能性。这种判断标准是行为无价和结果无价的相互结合。     

自由意志与法律意志

针对沉默权立法论争中的“自由意志”问题,从实际出发来探讨自由意志与法律意志这对命题,有益于我国建设法治社会的立法实践。     

Sharing natural resource management responsibility: Examining the New Zealand rock lobster co-management experience

Co-management, in which government and resource users share responsibility for managing a natural resource, is attracting considerable attention in both public policy and common pool resource research. However, little is understood about how this approach arises in a mature regulatory setting, or about its strengths and weaknesses. This study uses the experience of the New Zealand rock lobster (Jasus edwardsii and Sagmariasus verreauxi) industry to illustrate what co-management is and how it develops. This is followed by an assessment of co-management in this regime. Development of co-management is an evolutionary process that requires commitment from both government and industry. Strengthened property rights and management expertise provide the incentives and tools to develop a robust co-management regime. However the characteristics of the property rights bundle must be carefully matched to the regime’s biological, social, and regulatory setting.     

120例闭合性颅脑损伤的临床诊断与法医鉴定的结论差异分析

有关闭合性颅脑损伤的临床诊断与法医鉴定的结论往往存在着差异,在脑震荡和脑损伤后综合症诊断上,这种差异尤为突出。差异的形成主要缘于临床诊断:临床医生过分依赖主诉;自信、草率、违反医理;对病人辅助检查不够;易受社会和人为因素干扰。     

放弃重复侵害行为相关问题分析

对于如何定义放弃重复侵害行为,国内外有不同的观点,但都有可商榷之处,需要重新进行认识。对于该行为的性质,应当认定为未实行终了的犯罪中止,而非实行终了的犯罪未遂,因此也应按犯罪中止的刑法规则进行处罚。将放弃重复侵害行为认定为犯罪中止有着积极的作用,可以有效预防行为人实施重复侵害,阻止犯罪结果的出现,也可以使可能犯罪的人更明确中止制度的意义,放弃可能实施的侵害,从而更有利于一般预防和特殊预防的实现。     

Culture Wars,Secular Realignment,and the Gender Gap in Party Identification

Changes in the U.S. partisan balance over the past decade are often attributed to the enhanced political salience of cultural issues. Yet as white men have continued to become more Republican in recent years, white women increasingly identify with the Democrats. To the extent that cultural issues are influencing this partisan change, men and women must be responding differently to this cultural agenda. Using a pooled ANES data set from 1988 through 2000, I explore the extent to which cultural values are responsible for this gender realignment. Findings suggest that salient cultural issues influence the partisan choices of both men and women, however in somewhat different ways. For women, the issues themselves—reproductive rights, female equality, and legal protection for homosexuals—have become increasingly important determinants of party identification. For men, the influence of cultural conflict on partisanship is argued to be equally pervasive, albeit less direct.     

Parental Socialization and Rational Party Identification

This article constructs a rational choice model of the intergenerational transmission of party identification. At a given time, identification with a party is the estimate of average future benefits from candidates of that party. Experienced voters constantly update this expectation using political events since the last realignment to predict the future in accordance with Bayes Rule. New voters, however, have no experience of their own. In Bayesian terms, they need prior beliefs. It turns out that under certain specified conditions, these young voters should rationally choose to employ parental experience to help orient themselves to politics. The resulting model predicts several well–known features of political socialization, including the strong correlation between parents' and children's partisanship, the greater partisan independence of young voters, and the tendency of partisan alignments to decay.     

“同版“印章的实验研究

制作了13枚"同版"渗透型印章和激光雕刻印章,分析了这些"同版"印章的印面特征和盖印印文特征.研究发现,相同条件下制作的"同版"印章的个体差异十分微小,如果考虑到各种盖印条件下,这些印章盖印印文特征的变化范围,"同版"印章印文的检验是十分困难的,甚至是不可能的.     

I'm Not That Liberal: Explaining Conservative Democratic Identification

The persistence of self-identified conservative Democrats in the electorate is puzzling. Both the ongoing Southern realignment and the recent ideological polarization should have resulted in conservative Democrats changing their party identification to accord with their discrepant ideology. Instead, the number of conservative Democrats, as a percentage of the total electorate, has held steady over the last 20 years. I propose an explanation for this phenomenon that draws upon theories of mass belief systems, as well as an element of recent political reality: the popular stigmatization of the word liberal. I argue that Democrats who are susceptible to elite cues garner positive affect toward the conservative label and negative affect toward the liberal label. They then identify themselves accordingly, regardless of their issue positions.