警察治安权之扩、限、控——以治安管理处罚法之规定为例

《治安管理处罚法》是一部系统规定治安管理处罚主体、程序、执法监督等内容的法律,是公安机关办理治安案件的基本程序规范。这部法律在维护社会治安秩序、保障公民治安权益、规范公安机关和人民警察依法行使治安职权、依法处理治安案件、依法处罚治安相对人等方面,都具有广泛而深远的意义。在这部法律审议和修订过程中,对警察权的规范和控制一直是被关注的事,这正是由于警察权的大小直接关系着公民合法权益的实现与否。     

论"情节"的刑法立法地位

我国《刑法》广泛使用“情节”一词,并赋予它以重要地位。正确理解“情节”在区分罪与非罪,确定法定刑和宽严处罚中的立法地位和作用,对我国的刑法理论建设和刑事司法实践活动有着极其重要的意义。     

婚内有奸：基于法学视角的思考——兼与张明楷教授商榷

宪法和婚姻法规定夫妻双方权利平等,意味着性权利平等,妻子享有性自由权。警从刑法典自身、立法解释、司法解释和我国法律体系的和谐来看,刑法236条没有排除妻子为强奸罪的犯罪对象。否认婚内有奸,不符合犯罪的认定标准、不符合立法的逻辑、不利于降低社会成本和代价、不利于保护少年的身心健康。“婚内有奸”并非是惩罚丈夫的工具,而是妻子合法权益的证明。     

African American Child Discipline: Differences Between Mothers and Fathers

Child rearing methods used in African American homes have been the subject of much commentary among social scientists, child welfare, and legal personnel. Much of the deliberation has centered on firm disciplinary techniques used by African American mothers. However, few studies have included the perspectives of African American fathers. This study investigated the differences between African American mothers' and fathers' responses in relation to child misbehavior. Several significant differences were found with mothers utilizing more intense disciplinary methods than African American fathers. Results of this investigation underscored the importance of obtaining the viewpoints of African American fathers as well as mothers in understanding parenting in African American homes.     

The Prison Boom and the Decline of American Citizenship

The US imprisonment rate increased fivefold in the three decades from 1975 to 2005. Growth in the scale of criminal punishment was linked partly to a more punitive politics that repudiated the goal of rehabilitation, and partly to the collapse of economic opportunity for young unskilled men in inner cities. The growth of the penal system produced extraordinary rates of incarceration among recent cohorts of young black men with little schooling. We can understand the growth of incarceration to produce and erosion of citizenship among young black men, weakening the web of mutual obligation that defines full membership in American society.

The Consequences of Victim Physical Attractiveness on Reactions to Injustice: The Role of Observers’ Belief in a Just World

Two studies explored Dion and Dion’s (Journal of Personality and Social Psychology, 52, 775–780, 1987) suggestion that the belief in a just world may contribute to the “beauty is good” stereotype. In Study 1, we found that participants rated the death of a woman as more tragic and unfair when she was physically attractive than less attractive. Participants were also more punitive towards agents of harm when the victim was physically attractive. In Study 2, we varied the extent to which a woman suffered from a house fire and asked participants to later recognize the woman’s picture among several choices varying in physical attractiveness. Participants who learned that the woman suffered a great deal remembered her to be less physically attractive than when her suffering was minimal. The results are discussed in terms of how the justice motive contributes to the evaluative and moral importance attached to physical attractiveness.

The communicative aspects of civil disobedience and lawful punishment

A parallel may be drawn between the communicative aspect of civil disobedience and the communicative aspect of lawful punishment by the state. In punishing an offender, the state seeks to communicate both its condemnation of the crime committed and its desire for repentance and reformation on the part of the offender. Similarly, in civilly disobeying the law, a disobedient seeks to convey both her condemnation of a certain law or policy and her desire for recognition that a lasting change in policy is required. When disobedients and authorities target each other, their confrontation allows for a direct comparison of the respective justifiability of their conduct. Their confrontation is explored in this paper with an eye to analysing how civil disobedients and authorities should engage with each other.