也谈我国违宪审查制度的模式选择

目前我国的违宪审查制度存在有效性不足等问题。建设有中国特色的违宪审查制度 ,第一步 ,可先在全国人大之下设立宪法监督委员会 ;而最终目标是建立中国的宪法法院     

论我国非健全证人作证制度的转型

近些年,涉及儿童的犯罪案件越来越受到关注。这些案件涉及到儿童等非健全证人作证问题。从实质上而言,非健全证人作证主要涉及事实问题而不是价值问题。我国现行非健全证人作证制度的证据能力模式误将事实问题纳入价值问题的处理机制,从而导致该制度在实践中不仅实施案件量很少,而且实施效果难以令人满意。随着我国刑事司法改革和制度的发展,现行制度的矛盾将会越来越突出。但是,该制度不仅在实体上存在实施的根本性难题,而且在程序上缺乏相应的审查机制。总体来看,该制度有必要转向证明力模式。这种转型不仅符合我国刑事司法的传统价值、实践基础和司法资源现状,也符合国际发展潮流。     

合同激励、失败学习与PPP项目商业模式再创新意愿的关系——失败容忍度的调节作用

PPP项目商业模式创新失败率高,政府部门有必要通过合同激励项目公司进行失败学习,进而促发其再创新意愿。首先,通过文献分析并结合PPP特殊性,将PPP项目的合同激励分为利益分配与政府承诺,借鉴组织学习理论引入失败学习的概念,在此基础上建立以合同激励为前因、失败学习为中介、PPP项目商业模式再创新意愿为结果并考虑失败容忍度调节作用的概念模型;其次,采用情境模拟结合问卷调查的方式采集到67份有效实验数据,并运用层级回归分析的方法进行实证检验。研究结果表明:合同激励中的利益分配与政府承诺均对失败学习有显著正向影响,且政府承诺的影响要大于利益分配;失败学习对商业模式再创新意愿有显著正向影响;失败学习在利益分配和政府承诺对再创新意愿的影响中起到完全中介效应;失败容忍度正向调节失败学习对商业模式再创新意愿的影响。     

符号互动理论视野下的仇恨犯罪原因探析

与西方国家略有不同,我国的仇恨犯罪并非由宗教差异及宗族歧视等极端的社会矛盾引发,而是源于普通的社会矛盾。在仇恨犯罪发生之前,行为人往往处于冲突当中,由于主客观因素的综合作用,使得行为人将冲突理解为偏见、歧视、侮辱、嫉妒等。受这种心理状态的影响,行为人产生仇恨情绪,再加上我国传统复仇文化的刺激以及正当复仇途径受阻,最终导致了仇恨犯罪的发生。从这个意义上讲,行为人与被害人的不良互动是触发仇恨犯罪的重要原因。     

“校局互动”中“走出去”的多维度探析——以四川警察学院为例

“校局互动”两个层面（“走出去”和“请进来”）之一的“走出去”如何实施？通过有关案例研究可以发现,把握好“走出去”的组织要求、内容要求、形式要求、时间要求等四个方面,有助于增强“走出去”的科学性、系统性、指导性、实践性和可操作性,为完善“校局互动”机制提供支撑.     

东北亚国际秩序的转型与大国的角色定位

从世界发展趋势看,所谓国际体系的转型期即指目前的国际体系向世界体系转换的过渡期。这一转型期客观地要求各个大国的正确的角色定位,即由以往的霸权模式向主导型大国模式的转换。中国欲成为引领世界发展方向的主导型大国,不仅要从文化深层确立"类本位"意识体系,而且也要建构以"和谐世界"为核心并由正义、公正、合理、民主、共赢、和平为其结构的理念体系。     

The death penalty loses its mind: an interview with Professor James Acker

In April 2009 the American Law Institute (ALI) made the decision to withdraw its support for the a section of the Model Penal Code that had been instrumental in shaping contemporary death penalty legislation. The Institute had created the modern legal and criminal justice administration framework for capital punishment as part of its Model Penal Code in 1962. Professor James Acker, one of the leading scholars on the death penalty in the United States, speaks to the import of this decision while providing some historical context for ALI’s involvement in the matter initially.     

The Good Lives Model – new directions for preventative practice with children?

The study of young offenders has tended to focus on adolescents, despite knowledge that those who are engaging in criminality during childhood are more likely to experience long-lasting, life-impairing consequences. This qualitative study investigated how child offenders experience the process of desisting from crime. It was hoped that this would provide further insight for those involved with prevention programmes for young offenders. Seven young people aged between 10 and 18, engaging with the Preventing Youth Offending Project (PYOP) in the UK were interviewed, and the data collected was subject to Interpretative Phenomenological Analysis. Four themes emerged from the narratives, all converging on a changed self-identity for those successfully desisting. PYOP aims to enhance the lives of young people, and this approach appears to encourage this identity transformation through the provision of purposeful activity, supported education and mentoring. The increasing popularity of strengths-based enhancement approaches to rehabilitation, such as the Good Lives Model (GLM), is discussed in relation to its potential role in the prevention of criminality in young people. It is proposed that the GLM principles could provide essential foundations for early intervention approaches as well as rehabilitative measures for established offenders.     

An investigation into the applicability of the Ward and Siegert Pathways Model of child sexual abuse with Internet offenders

Abstract

This study examined the applicability of the Ward and Siegert (Psychology, Crime & Law, 8, 319–351, 2002) Pathways Model of Sexual Offending to a sample of Internet offenders. The Pathways Model identifies five etiological pathways, each with primary psychological deficits that interact to create a vulnerability to sexual offending behavior. The applicability of this model was tested on a sample of 72 cases drawn from a community sample in England and Wales, via the analysis of primary and associated psychometric indicators of pathway membership. Sixty per cent of men in the sample were found to display dysfunctional psychological mechanisms (43 cases). Two pathways were found to be particularly prominent: the intimacy deficits pathway and the emotional dysregulation pathway. The implications for future treatment and the appropriateness of current treatment programs for this population are examined in the light of these findings.     

Measuring the subjective perceptions of risks and rewards of Chinese juvenile thieves

Offenders’ readiness to engage in changes that will reduce their risk of reoffending is now recognized to be as important as the design and delivery of programmes that support such change. Interest is growing in both how to increase engagement in change processes, and how to measure any improvements in engagement. This study evaluated the effects of a brief offending-focused motivational interviewing (MI) intervention on reconviction in male prisoners serving sentences for diverse crimes. Men who undertook MI were significantly less likely to be reconvicted than those who did not. The results also served to validate a stage-based measure of readiness to change derived from Prochaska and DiClemente's Transtheoretical Model. Prisoners who were offered MI increased their readiness to change by an average of one stage, while the scores of men who were not remained unchanged. Furthermore – whether men undertook MI or not – change in stage of change predicted reconviction. This was a high-risk sample, making the results intriguing for at least two reasons. First, reductions in recidivism are usually achieved only with much more intensive programmes for high-risk men. Second, according to ‘traditional’ cognitive–behavioural rehabilitation theory, programmes need to target change in dynamic risk factors directly to reduce reconviction risk. That these results were obtained with men whose initial motivation was low, and in the absence of any ‘traditional’ criminogenic rehabilitation, raises questions about whether there is more than one mechanism involved in desistance.