青少年情绪型犯罪的心理分析

青少年犯罪年龄低龄化、犯罪方式成人化、犯罪手段残忍化的趋势日益突出,青少年情绪型犯罪的数量明显增多。加强对青少年情绪型犯罪的研究对于预防青少年犯罪、促进青少年健康成长具有明显的现实意义。     

The PCL: YV and recidivism in male and female juveniles: a follow-up into young adulthood

Adolescents, and most recently, adolescent females, have emerged as an important population in violence risk assessment and have sparked a debate regarding the downward and gendered extension of the Psychopathy Checklist: Youth Version (PCL:YV). This article evaluates the differential prediction of the three and four-factor models of the PCL:YV for male (n=201) and female (n=55) juvenile offenders using a prospective four and one-half year follow-up (M=3 years) study. Both models of the PCL:YV were significant predictors for boys; however, contrary to findings from studies using shorter follow-up periods, the predictive power was due primarily to the behavioral features of psychopathy. The PCL:YV was not a significant predictor of non-violent or violent recidivism for girls. This study does not lend support for the use of the PCL:YV as a risk factor for girl offenders. More research is needed to understand the application of the psychopathy construct in youth, particularly in girls.     

Off-label Paediatric Drug Use for Juvenile Depression and the Clinical Trial Regulations 2004: The Impact of Available Protective Mechanisms

Across Europe, around one in four adults experience a mental health problem in any 1 year. It is estimated that 2–6% of children and adolescents suffer from depression and suicide is now the third leading cause of death in 10–19 year olds. Despite traditional Freudian teachings that children rarely suffer from clinically diagnosed depression, treatment figures for juvenile depression have soared in recent years. For adults, the current treatment trend, as advocated by the National Institute for Health and Clinical Excellence (NICE), is the use of Selective Serotonin Reuptake Inhibitors (SSRIs), such as Prozac. For children, efficacy of such treatment remains difficult to judge as all SSRI use in paediatric care remains ‘off-label’ or unlicensed. Notwithstanding this, in 2006 the European Medicines Agency (EMEA) advocated the use of Prozac within the EU for children from the age of eight, a position that reinforced the stance adopted by NICE in 2005. These recommendations have been made despite growing concern that many SSRIs have some serious side effects. In new legislation for paediatric medicines, that came into effect on 26th January 2007, the European Union (EU) has attempted to address several unresolved issues relating to children’s needs for medicines in Europe. This paper considers the position of off-label drug-therapy for juvenile depression, and assesses the effectiveness of available legal mechanisms that can protect juveniles from harm when involved in clinical drug trials, most notably the Clinical Trial Regulations 2004. It further reviews the new EU legislation and evaluates its likely impact.

Persistence and desistance: Examining the impact of re-integrative shaming to ethics in Taiwan juvenile hackers

The Internet community has been addressing the unethical behavior of juvenile delinquents for years. Nevertheless, the concepts of hacker shame and ethics have received little empirical study from a theoretical perspective in the field of cyber criminology. Braithwaite's re-integrative Shaming Theory posits that it can restrain individuals from committing future offenses, and that those who participate in this shaming process are less likely to consider breaking the law in the first place. Among the abundance of criminological theories, the re-integrative Shaming Theory may be the most suitable theory to restrain hacker activities. This study focuses on the working relationship between nine juvenile delinquents and the shaming mechanism applied to them. However, applying this approach to reduce recidivism among computer hackers requires a great deal of time and effort. It is proposed that the state of shame or remorse is associated with the compounded affective processes of hacker ethics. The proposed solution creates a code of ethics for hackers, distinguishes right from wrong, and ensures a greater success for Braithwaite's re-integrative shaming methods. This paper discusses the problems and solutions related to the Shaming Theory, as well as their usefulness in the context of community-based restorative justice. It is argued that re-integrative shaming, without appropriate consideration for the offender's personal code of ethics, is insufficient when handling hacking offenses committed by juveniles. Our main concern is to find out how to help or encourage the offender's reintegration and re-entering into the community, and how s/he can avoid failure. It is hoped that our proposed strategy can prevent future offending behaviors by these juveniles. Implications drawn from the findings are discussed, and suggestions are offered to ensure the success of this theory when applied to juvenile hackers.     

论我国食品召回制度的改革及完善

《中华人民共和国食品安全法》及配套制度革命性地变动了我国食品管理体系,初步建立了我国食品召回法律制度。在发掘食品召回制度学理、比较发达国家相关制度设计、缕析我国先前制度演进与实践之后,笔者对当下法律及相关规则中涉及食品召回制度召回主体、召回程序、召回责任保险、食品安全赔偿基金、食品溯源管理制度等内容提出完善建议。     

“全球安全倡议”：人类安全的“前景图”

“全球安全倡议”是人类命运共同体理念在全球安全治理中的具体化,是运用中国智慧为人类自救于危难、发展于和平、成就于安宁而提出的中国方案。安全观是安全的一种理论化的体系性认知。“全球安全倡议”宣示了中国的全球安全观,弘扬了全人类共同价值,超越了国际无政府逻辑,完好地回答了安全指涉对象、安全立场、安全原则、安全治理的目标/主体/方式/内容等问题,具有重大的理论创新性与时代价值。全球安全是一种本体安全,“和合”是其正向价值取向的核心,共生、共建、共享是其基本特性。为此,“全球安全倡议”的实践前提是“和合共生”,实现路径是“和合共建”,价值目标是“和合共享”。维护与塑造全球安全的共建策略是,达成人类命运共同体的全球共识,形成安全互助的良好态势,促成安全互保的战略环境,建成安全共享的治理体系。“全球安全倡议”作为以新安全格局保障新发展格局的框架设计,描绘的正是呈现和合共生、和合共建、和合共享的人类安全“前景图”,以保障人类发展的美好未来。     

When the Belt and Road Initiative Meets BEPS: Reforming China's Foreign Tax Credit Rules in the New Era

Today, international taxation is at an inflection point. The implementation of action plan on base erosion and profit shifting (BEPS) and enforcement of the Belt and Road Initiative are reshaping taxation rules and principles. As a crucial aspect of outbound taxation, foreign tax credit is expected to embrace the normative objectives of the new era, which emphasize the importance of subjecting all trans-border business activities to equitable, efficient, and coordinated taxation. Currently, China’s foreign tax credit prescribes in an incompatible pattern; it lacks clear legislative intent, despite marking specific rules with archaic unilateral characters. To reform this regime, legislative principle should reflect the latest consensus on the economic activities’ nexus and ensure that the income derived from trans-border transactions falls under a minimum tax. Regarding specific rules, it is strongly suggested that active and passive incomes be distinguished and the equity holding threshold of obtaining indirect credit be lowered. China’s foreign tax credit reform should take an inclusive perspective, actively participating in the cooperation between countries.     

The Development-Insecurity Nexus in China’s Near-Abroad: Rethinking Cross-Border Economic Integration in an Era of State Transformation

Surprisingly, perhaps, China’s flagship Belt and Road Initiative expresses a familiar mix of the security–development nexus and liberal interdependence thesis: Chinese leaders expect economic development and integration will stabilise and secure neighbouring states and improve inter-state relations. However, drawing on the record of China’s intensive economic interaction with Myanmar, we argue that the opposite outcome may occur, for two reasons. First, capitalist development is inherently conflict-prone. Second, moreover, China’s cross-border economic relations today are shaped by state transformation – the fragmentation, decentralisation and internationalisation of party-state apparatuses. Accordingly, economic relations often emerge not from coherent national strategies, but from the uncoordinated, even contradictory, activities of various state and non-state agencies at multiple scales, which may exacerbate capitalist development’s conflictual aspects and undermine official policy goals. In the Sino-Myanmar case, the lead Chinese actors creating and managing cross-border economic engagements are sub-national agencies and enterprises based in, or operating through, Yunnan province. The rapacious form of development they have pursued has exacerbated insecurity, helped to reignite ethnic conflict in Myanmar’s borderlands, and plunged bilateral relations into crisis. Consequently, the Chinese government has had to change its policy and intervene in Myanmar’s domestic affairs to promote peace negotiations.     

“一带一路”背景下境外中资企业和谐劳动关系建设研究 —— 以中国有色金属在非企业为参照

境外中资企业和谐劳动关系对“一带一路”建设意义重大。企业应熟悉投资环境,坚持合作共 赢原则;遵守法律法规,依法支付劳动报酬;为当地工会正常开展工作提供条件。同时还要关注中方员工入会、 社会保障问题,消除劳动关系纠纷隐患。境内总部工会通过与境外企业工会的交流,提升外籍员工的向心力凝 聚力。     

监察委员会调查阶段律师介入的制度构想

国家为推进监察体制改革,出台了《中华人民共和国监察法》,对于增强反腐败工作的法治保障,推进国家治理体系和治理能力现代化发挥了重要作用。《监察法》规定的留置措施在性质上与刑事诉讼强制措施极为类似,但《监察法》未在监察委员会调查阶段规定律师介入的内容,对保护被调查人的正当权益极为不利。应当明晰律师介入调查程序的合理性与必要性,参照《刑事诉讼法》的相关规定进行制度设计,化解不利风险,寻求最佳路径选择。