期待可能性理论与我国犯罪构成理论体系的重构

尽管在期待可能性理论的法律归属、地位和标准等方面还有纷争,但它已成为德、日等大陆法系刑法学界的通说,这是一个不争的事实。在大陆法系国家,期待可能性不仅是衡量犯罪成立与否的规格因素,而且具有减免责任之功效。社会转型期的我国倘若引入期待可能性理论,对现实许多疑难、争议案件可作出令人信服的阐释,有助于凸显我国刑法的谦抑性与制约国家刑罚权,并丰富我国的刑法理论和研究方法,当然,这会导致我国犯罪构成理论体系的重构。     

论过失危险行为应当犯罪化

传统的过失犯罪都是实害犯,而随着科技的迅猛发展和现代化器械的广泛应用,过失犯罪危险化已受到学者的关注,本文论证了过失危险行为犯罪化的理论基础不仅仅是主观过错,更在于其所具有的社会危害性;过失危险行为犯罪化的现实意义在于实现刑罚的目的。另外,过失危险行为犯罪化只应存在于危害公共安全的犯罪中,在设置刑罚时应遵循谦抑原则。     

THE JUVENILE PENALTY: A COMPARISON OF JUVENILE AND YOUNG ADULT SENTENCING OUTCOMES IN CRIMINAL COURT*

This study uses criminal court data from the Pennsylvania Commission on Sentencing (PCS) to investigate the sentencing of juvenile offenders processed in adult criminal court by comparing their sentencing outcomes to those of young adult offenders in similar situations. Because the expanded juvenile exclusion and transfer policies of the 1990s have led to an increase in the number of juveniles convicted in adult courts, we argue that it is critical to better understand the judicial decision making processes involved. We introduce competitive hypotheses on the relative leniency or severity of sentencing outcomes for transferred juveniles and interpret our results with the focal concerns theoretical perspective on sentencing. Our findings indicate that juvenile offenders in adult court are sentenced more severely than their young adult counterparts. Moreover, findings suggest that juvenile status interacts with and conditions the effects of other important sentencing factors including offense type, offense severity and prior criminal record. We discuss these results as they relate to immediate outcomes for transferred juveniles, criminal court processes in general and the broader social implications for juvenile justice policy concerning the transfer of juveniles to criminal court.     

普通公安大专与成人公安大专学生现状之比较

本文作者在深入调查的基础上,从学习方面、交往方面和经济生活方面,对普通公安大专与成人公安大专学生的现状进行了比较,为有关教师和管理人员更加有的放矢地搞好学生的教育与管理工作提供参考。     

论“儿童是成人之父”

“儿童是成人之父”这一思想为我们认识儿童提供了一个广阔而深远的进化论视野。它不仅使我们在儿童那里感受到生命进化的神奇,也使我们体悟到个体生命的绵远历史。“儿童是成人之父”这一思想的提出是对父权本位观念的反叛,它标志着传统的成人与儿童的关系发生了一种革命性转换。“儿童是成人之父”这一思想对于促进传统儿童观的现代转换具有重要意义。由于儿童教育都自觉或不自觉地以儿童观为其前提,因此,儿童观的这种现代转换又必然影响着教育观的变革     

Abolishing Illiteracy and Upgrading Culture: Adult Education and Revolutionary Hegemony in Socialist Laos

ABSTRACT

This article examines the monopolisation of political space by the Lao People’s Revolutionary Party, before and after 1975. Together with coercive measures, the Marxist-Leninist regime consolidated rule by establishing and disseminating new concepts of state power, social responsibility and socialist subjectivity, which formed the basis of a radical form of revolutionary hegemony. The Party propagated a new rhetoric of rule through mandated activities including village meetings, co-operatives and a much expanded but poor-quality mass education system. This article examines the system of adult education, where the Party sought to eradicate illiteracy and “upgrade culture” among economically productive 15 to 45-year-olds. Motivated by both politics and pedagogy, the Party imported this system from the Democratic Republic of Vietnam in the 1960s before institutionalising it after 1975. The resulting organisational structure fanned the rhetoric of rule across the national territory in an extensive manner that reached the illiterate “masses” in large numbers. Even where the programme encountered material shortages and apathy, mandated participation in adult education propagated the vocabulary and grammatical structure of socialist Laos, providing a codebook for how to participate in socialist society.     

Celebrity worship,addiction and criminality

Abstract

Two studies assessed the relationship between celebrity worship and (i) addiction (n=1359) and (ii) criminality (n=2158). Overall Celebrity Attitude Scale (CAS) scores correlated positively with Eysenck Personality Questionnaire – Revised (EPQ-R) Addiction and Criminality sub-scale scores. In further support of the absorption–addiction model of celebrity worship (McCutcheon, Lange, & Houran, 2002, Conceptualization and measurement of celebrity worship. British Journal of Psychology, 93, 67–87.), addiction correlated positively with one component of celebrity worship, and criminality correlated positively with all four components produced by the current work. Different types of celebrity worship were associated with preferences for celebrities from particular domains. For instance, those scoring highly on the “Deleterious Imitation” component favoured music celebrities, as opposed to political figures. It was concluded that pathological celebrity worshippers are seeking a personal identity and are drawn to particular celebrities. Imitating these celebrities can have negative consequences for the worshipper.     

The failure of british obscenity law in the regulation of pornography

Abstract

Summary: In this paper the author addresses the problem of pornography with particular reference to legal regulation in England and Wales against the wider context of the lack of adequate control of pornography world-wide. This is explored first by an examination of the nature and increasing availability of pornography. Second, is provided a consideration of the competing philosophical and ideological arguments for and against its regulation. Third, is provided a statement of the current legal regulatory mechanisms of control germane to the global dissemination of pornography. Finally, the application and effectiveness of obscenity law in England and Wales is considered.