行政审判中的司法建议制度运行分析——以江苏法院为视角

在行政审判中,司法建议应当严格明确以行政行为存续力为效力范围,禁止法院直接以司法建议方式对进入诉讼的行政行为进行具体指导,在处理与行政判决的关系上,应当坚持行政判决的最终既判力。未来司法建议制度必须从文书制作、反馈机制、法律责任、信息公开等方面作出规范。     

解读《治安管理处罚法》中的暂缓执行拘留

暂缓执行拘留是附有条件的暂时不执行拘留,是全面按期履行治安管理处罚决定的例外。《治安管理处罚法》对暂缓执行拘留规定了必须具备的条件,其实施也要按照严格的程序来进行。     

对香港少年警讯的几点思考

香港少年警讯是香港警务处推行防止罪案工作中最为成功的项目之一,它的成功经验对我们有着积极的借鉴作用。我 们应当适应时代要求,转变观念,积极引入警察公关理念,对内地青少年教育资源进行有效整合。     

Effortful control,negative emotionality,and juvenile recidivism: an empirical test of DeLisi and Vaughn’s temperament-based theory of antisocial behavior

Recently, DeLisi and Vaughn articulated a temperament-based theory of antisocial behavior which they expressed as the first within criminology to use temperament explicitly, and as the exclusive explanatory construct of both antisocial behavior and negative interactions with the criminal justice system. We provide an initial empirical test of the theory’s two main constructs of effortful control (EC) and negative emotionality (NE) with respect to juvenile offending using a sample of 27,712 adjudicated youth. Cox regressions reveal youth with lower levels of EC and those with higher NE re-offend faster, controlling for demographics plus many prominent risk factors. Furthermore, the approximately 5% of youth at the extreme ends of both low EC and high NE evidence higher recidivism rates and faster time to failure. The findings show strong initial support for temperament theory, and we discuss relevancy for future research, prevention and intervention.     

Identifying trauma symptoms among adjudicated youth using the BASC-2 SRP and CROPS

This study examines the ability of the Behavior Assessment System for Children, Self Report of Personality-Adolescent, 2nd edition (BASC-2-SRP-A) to predict trauma symptomatology as measured by the Child Report of Post-traumatic Stress among a sample of 59 male and 59 female adjudicated youth. Logistic regression revealed that clinically significant CROPS scores were predicted by BASC-2-SRP Social Stress and Somatization scale scores. A second logistic regression indicated that among youth with significant CROPS scores, gender was predicted by Sensation Seeking and Depression scale scores. Further, 47.4% (n = 56) of juvenile offenders’ CROPS scores were clinically significant, with females scoring significantly higher than males. Results endorse the validity of the CROPS and suggest that with additional analysis the BASC-2-SRP may also have the potential to identify juvenile offenders with a history of trauma.     

Rape myths and rape by juveniles

Rape committed during adolescence is a vital indicator for predicting the propensity of committing rape in adulthood. Moreover, although numerous studies related juvenile rape have been proposed in Western countries, most of these studies have focused on the impact of personal factors, and have neglected to examine the impact of rape myths. Therefore, in the present study, we investigated the relationship between rape myths and male juvenile rape. This study used an anonymous self-report questionnaire to collect data. Participants included 466 male middle- and high-school students in Taiwan. The results showed that rape myths are associated with juvenile rape. Furthermore, rape victim myths were the myth category relating to juvenile rape, rather than rape perpetrator myths. Among the rape victim myths, the dimension, women secretly wish to be raped, had the strongest association. Discussions pertaining to implications, applications, limitations, and future research are included in the present study.     

对青少年犯罪预防的思考

青少年犯罪是一个社会“综合症”,是个人因素、家庭环境、社会影响、学校教育等相互交错的结果。在犯罪的青少年中真正有暴力倾向的很少,大多数都有心理问题,因而要用心量疏导的办法去解决,同时,调动社会各方面的力量,加强思想道德和法制教育,做好失足青少年的管理和帮教工作,净化社会环境,构建学校、家庭、社区三位一体的预防青少年犯罪工作网络,才能有效预防和减少青少年犯罪。     

呆护与惩罚：未成年人犯罪刑事政策之选择

对于未成年人犯罪,无论是严厉的刑罚惩治还是人性化的轻刑化、非刑罚化处理, 就实证效果看,都有一定的局限性。笔者主张,应对未成年人犯罪,宜采取轻刑化和刑罚严厉化两极化的刑事政策,以对未成年人犯罪这一社会顽疾实现综合治理。     

Psychopathy and violence in juvenile delinquents: what are the associated factors?

The purpose of the present study was a) to examine the discriminative power of the Antisocial Process Screening Device (APSD), aggressive traits, impulsiveness, antisocial attitudes and alcohol-related problems between subgroups of Russian juvenile delinquents (n=175) with low versus high levels of violent behavior; and b) to compare the predictive value of these variables in two subgroups defined by higher versus lower levels of psychopathic traits. Results demonstrated that the APSD score, traits of physical aggression and alcohol-related problems were able to discriminate between groups with various levels of violence. Furthermore, the level of violence was the only variant factor when comparing levels of psychopathy. Finally, different sets of predictors emerged for the group with higher versus lower psychopathy scores. The results are discussed in relation to specific features of psychopathy and environmental factors in general and the use of alcohol in particular.