行政强制立法涉及的几个基本问题

行政强制由于语词和语境的不同造成其下位概念的混乱。由于学术术语不统一,学者形成各说自话。行政强制权是行政权,我国行政强制执行不应采用混合执行模式,行政强制执行权应回归行政主体。行政强制应由行政即时强制和行政执行强制两个基本部分构成,但行政强制立法可以借鉴大陆法系行政本位和英美法系司法本位的模式,形成我国混合立法的模式,除了规定行政机关的强制执行,也可以附带规定司法强制执行的内容。     

208例性犯罪案的处女膜检查

本文报告208例性犯罪案的处女膜检验,其中破裂者142例,占68%;未破裂者66例,占32%。处女膜破裂多呈放射状裂开,其破裂口好发于后侧区。它和指淫造成的破裂不同。文中还讨论处女膜破裂与自然切迹的区别。对合并损伤划分为外阴损伤与其他部位损伤。把外阴损伤以90度弧分为四个区统计。同时,按处女膜的基本形态分类,以示各类型处女膜的出现率。     

Does Terrorism Pay? An Empirical Analysis

Does terrorism help perpetrators to achieve their demands? Few research questions about terrorism generate as much controversy. This study contributes to the debate in two main ways. First, we identify major limitations within the burgeoning literature on the effectiveness of terrorism. Specifically, we highlight the main methodological problems vexing empirical assessments of whether terrorism promotes government concessions. Second, we present a research design that circumvents those recurrent methodological shortcomings. In short, we find no empirical evidence to suggest that terrorism pays. In fact, multiple variants of the tactic in hostage standoffs impede the perpetrators from coercing government compliance. The negative effect of terrorism on the odds of compliance is significant and substantial across logistic and multilevel logistic model specifications, particularly when civilians are killed or wounded in the coercive incident. These findings have important implications for both scholars and practitioners of counterterrorism.     

英美刑法辩护理由中的“胁迫”及其启示

胁迫是英美法系各国刑法普遍承认的一种犯罪辩护理由。传统意义的胁迫是指胁迫者以紧迫的死亡或严重伤害身体相威胁,迫使行为人实施某种被刑法禁止的行为。胁迫是一种犯罪的可宽恕事由,其根据在于,当一个人面临一般人都无法抗拒的严重威胁,主观上难以作出合法的选择时,缺乏刑事归责的可能性。我国刑法中没有胁迫的概念,司法中按照紧急避险处理被胁迫犯罪案件,这既不符合被胁迫犯罪的本质,也限制了胁迫的适用范围。我国刑法应当引入胁迫的概念,将其视为一种独立的阻却责任事由。我国刑法对胁迫的适用,应当采取形式与实质相结合的标准。胁迫不能适用于故意杀人犯罪。     

Is unauthorized immigration an immoral act? On David Miller’s ‘weak cosmopolitan’ defense of the right to exclude

While immigration is attracting increasing attention in political theory, there are as yet, few political theorists who adopt a restrictionist stance. With very few exceptions, the most political theorists have offered so far are pragmatic, not principled, defenses of the right to exclude. Looked at in this light, David Miller’s engagingly thoughtful book is surely a welcome and distinctive addition to the burgeoning literature on immigration. But readers who are looking for a normative counterpart to Joseph Carens’ Ethics of Immigration might be disappointed. In fact, the two books display more similarities than one would expect. Most notably, they share a common methodological ground: both reject top-down approaches, which proceed from abstract normative principles and apply these principles to immigration and integration policies. Yet, Miller’s realism reaches farther, giving greater weight to empirical evidence and focusing on institutions instead of on how individuals should act. This institutional focus is a key-defining feature of Miller’s political philosophy of immigration as distinct from an ethics of immigration. However, as I shall argue in the first part of this paper, Miller does not remain faithful to this distinction. He blames unauthorized migrants for acting ‘unfairly.’ But his criticism of irregular migration lacks a sufficient normative and empirical basis. The second part of the paper deals with the question whether legal coercion gives rise to a right to stay. My focus is in particular on the costs that irregular immigrants must bear when they are forced to go back to their countries of origin. These costs tend to be much higher than one expects.     

Masculinity and male survivors of wartime sexual violence: a Bosnian case study

While conflict-related sexual violence affects men and women, male survivors are often overlooked or marginalised. The case of Bosnia-Herzegovina (BiH) is a poignant example. Twenty-two years after the Bosnian war ended, little attention has been given to the men who suffered diverse forms of sexual violence during the conflict. The present article contributes to addressing this gap. Based on semi-structured interviews with 10 men who endured the horrors of the ?elopek camp in north-east BiH, it focuses on the lives of these men today. Exploring the men’s silences and the intersection of their trauma with ongoing everyday problems, it goes beyond the commonly made argument that sexual violence against men constitutes an attack on masculinity. Fundamentally, it examines how masculinity norms and expectations have shaped the men’s stories, coping strategies, and current needs. This use of a masculinity lens highlights important gaps within transitional justice, which to date has narrowly focused on violent and militarised forms of masculinity. The article thus calls for transitional justice processes to give more attention to masculinities affected by violence.     

‘No girl wants to be called a slut!’: women,heterosexual casual sex and the sexual double standard

Recent shifts in the western cultural landscape mean that practices such as casual sex are contradictory terrains for women. Although permissive and liberal discourses construct women’s casual sex as acceptable, and even desirable, traditional discourses and a sexual double standard, do not. This article examines 15 young women’s negotiation of the sexual double standard in their talk of heterosexual casual sex. Interviews were analysed using thematic analysis, with borrowed insights from discourse analysis, within a constructionist framework. All 15 women in this study gave accounts of an agentic and desiring sexuality, yet talked about casual sex and a sexual reputation in contradictory and contested ways. Three main themes were identified: the (un)acceptability of casual sex, a sexual reputation is what other girls have, and the making of a slut. Although an enduring sexual double standard was identified, all participants challenged its relevance and appropriateness. However, a sexual double standard also seeped into women’s accounts when talking about other women and the threat of garnering a negative sexual reputation was linked to women’s silencing of their own casual sex experiences. This work supports the continued need to dismantle un/changing codes of gendered heterosexuality.     

战争与暴力:社会演进与马莱斯维奇的理论重构

当代犯罪学中少有专门以战争和有组织暴力为研究对象的著作,马莱斯维奇的理论研究让战争和有组织暴力研究重回犯罪学乃至社会科学的主流研究视阈.通过回溯被遗忘的19世纪末至20世纪初期传统社会科学的军事主义研究维度,独创性构建"经年累月的强制官僚化"和"离心式的意识形态化"相结合的研究范式,马莱斯维奇分析了现代性和有组织暴力的...     

Violence and Sexual Coercion in High School Students' Dating Relationships

A review of the dating violence literature reveals a limited number of studies with high school students and few studies that investigate the contextual issues of violence, such as meaning, motivation, and consequences. The present study sought to investigate the extent of dating violence victimization in a New Zealand sample of senior high school students (aged 16 to 18 years) and the perceived reasons for the violence, emotional effects, disclosure of the violence, and relationship consequences. A questionnaire that contained both open-ended and forced-choice items pertaining to experiences of violence and its consequences was developed using material gathered from focus group discussions with high school students. Findings showed gender similarity in the extent of violence and a number of significant gender differences in the aftermath of violence, particularly in the area of sexual coercion. These findings are discussed in the context of future research and prevention of dating violence.     

When Two Isn’t Better Than One: Predictors of Early Sexual Activity in Adolescence Using a Cumulative Risk Model

This study explored factors that may be associated with early initiation of sexual activity among adolescents. Using the cumulative risk model, we hypothesized that as exposure to risk factors increases, so does the likelihood of early sexual debut. A sample of 273 (53% girls, 90% European American) adolescents was followed longitudinally from age 13 to 15. The results indicate that, for girls, increased television viewing, low self-esteem, poor parental relationships, living in a non-intact household, higher levels of externalizing behavior (ADHD symptomology), low academic achievement, and parents with low education levels were associated with earlier sexual debut. For boys, advanced pubertal development, increased television viewing, higher rates of externalizing behaviors (ADHD and ODD symptoms), and poor parental relationships were associated with earlier sexual debut. As hypothesized, predictive power increases with the accumulation of these risks; girls are 1.56 times more likely to become sexually active with an increase of only one risk and boys are 1.90 times more likely.