论法官的道德素质与司法公正

法官良好的道德素质是实现司法公正的必要主观条件之一。法官的道德素质状况既影响着实体公正 ,又影响着程序公正和形象公正。良好的道德素质使司法公正成为法官坚定的职业信仰和自觉的职业追求 ,使公正司法成为法官自愿的职业惯性行为。多方加强法官队伍职业道德建设是司法公正的客观要求。     

Offence characteristics and cognitive functioning in juveniles adjudicated for illegal sexual behaviour

Intelligence differences exist between sex offenders and non-sex offenders in adult populations, but comparable intelligence differences are not consistently found among juveniles. However, juveniles may differ on measures of intelligence across offence-related variables used to subclassify adults. The purpose of the present study was to determine if between- and within-group differences exist in a sample of 925 juveniles adjudicated for illegal sexual and non-sexual behaviours across offence-related variables. The results suggest that juveniles adjudicated for illegal sexual behaviour outperformed juveniles adjudicated for non-sexual offences on Wechsler Abbreviated Scale of Intelligence (WASI) performance, though full-scale intelligence quotients scores for both groups were lower than would be expected in the general population. Unlike adult offenders, juveniles adjudicated for illegal sexual behaviour do not tend to differ on WASI performance across offence-related variables. These results provide additional evidence that these juveniles adjudicated for illegal sexual behaviour are categorically distinct from adults who sexually offend.     

法律的道德性对和谐社会的启示

法律与道德的关系之争贯穿于整个法理学的发展,富勒认为法律是具有道德性的。哈特则认为法律与道德是相分离的,但承认存在最低限度的“自然法”。这场争论的最终目标还是放在如何更好地实现法治这一落脚点上。我国正在建设社会主义和谐社会,法律的道德性必然会给和谐社会的建设带来启示。     

Legislating for Your Own Good: Criminalising Moral Choice. The Modern Echoes of the Victorian Vaccination Acts

Victorian vaccination legislation has important echoes for the present age in the dilemma over how to promote compliance with government-endorsed scientific and medical public health strategies for the welfare of the community in a context of growing popular mistrust of such initiatives, in terms of their likelihood to confer benefits as well as their possible negative impacts on individuals. Victorian experience of dealing with the issue of ‘conscientious objection’ to policy initiatives seen as intruding into the area of individual moral choice, especially parental choice for children, is invoked to suggest better ways of comprehending the present resistance to take-up of the MMR vaccine, and its wider implications; as well as commenting on the role of the media.

对侦查羁押制度几个问题的探讨

侦查羁押是各国刑事诉讼中普遍适用的、限制或剥夺犯罪嫌疑人人身自由的一种强制措施;羁押还不属于我国的强制措施体系;这种存在正当性价值基础的侦查羁押制度理应保障刑事诉讼程序的顺利进行。     

仁与节的冲突--我国传统文化中俘虏观的矛盾探析

在传统俘虏观中对待俘获的敌人和己方被俘的人员存在着两种迥异的态度.一方面是对待俘获的敌人以仁;另一方面是要求己方被俘将士以死尽节.这种"修己"与"治人"的差别直接形成了传统文化中俘虏观的悖论.其文化内核及形成根源可追溯到中国儒家的"内圣外王"理想.     

Are DNA data a valid source to study the spatial behavior of unknown offenders?

Studying the spatial behaviour of unknown offenders (i.e. undetected offenders) is difficult, because police recorded crime data do not contain information about these offenders. Recently, forensic DNA data has been used to study unknown offenders. However, DNA data are only a subset of the crimes committed by unknown offenders stored in police recorded crime data. To establish the suitability of DNA data for studying the spatial offending behaviour of unknown offenders, we examine the concentration and spatial similarity of detected but unsolved crimes in police recorded crime data (N?=?181,483) and DNA data (N?=?1913) over 27 Belgian judicial districts for four crime types. We established spatial similarity for certain crime types (in some districts). This offers opportunities for DNA data to be used to study unknown offenders' spatial offending behaviour. Implications for theory and research are discussed.     

Children and Young People who have Sexually Harmful Behaviours: From Fixed to Transformative Risk Assessment

Risk, risk assessment and risk management have become central to contemporary policies and practices in criminal justice, with consequences for those who apply and receive such approaches. It has been argued that risk has been the key organising principle of contemporary correctional practice and offender management, and that actuarial risk in particular has taken on a hegemonic dominance that supersedes other models of governance, such as welfare and disciplinary forms of regulation. This article focuses on the construction and deployment of two assessment frameworks for young people with sexually harmful behaviour to illustrate the epistemological differences between a clinical/actuarial guided approach and that of constructing safety. It identifies current theorising about risk/technologies as being within a neo-liberal political and governance agenda and the opportunities for moving from a fixed to a transformative risk subject.

Technocratic attitudes and voting behaviour ten years after the Eurozone crisis: Evidence from the 2019 EP elections

The onset of the Great Recession raised the profile of technocracy, or government by experts, as a contrasting model to democracy. Yet, there is little research on how attitudes towards technocracy may impact European citizens' political behaviour. Moreover, the consistency of technocracy supporters' political attitudes, especially towards the EU, is questionable. This paper uses new survey panel data collected before and after the European parliament elections in May 2019 in six countries (Belgium, Germany, Greece, Ireland, Portugal and Spain). We investigate how citizens’ technocratic attitudes affect their voting behaviour in the European elections. We find evidence that citizens with technocratic attitudes are less likely to support mainstream parties, and tend to either abstain or, if they vote, to give their vote to anti-system parties, especially from the populist right. In addition, by distinguishing technocracy supporters according to their partisanship, we conclude that technocracy is a thin ideology that can be combined with different patterns of political support: while many technocracy supporters have no party identification or support non-mainstream parties and show dissatisfaction with democracy and the EU, another subgroup of technocracy supporters identifies with a mainstream political party and show above average political support and support for the EU.