村规民约“农嫁女”征地补偿的困境与出路—以人权保障为视角

人权的核心理念在于维护人之为人的尊严,自由与平等的和谐统一是和谐人权的本质特征与必然要求。“农嫁女”征地补偿歧视与村民自治的矛盾是村规民约“农嫁女”征地补偿困境的主要表现,这种困境的实质在于自由与平等价值的背离。村规民约“农嫁女”征地补偿保障的出路,应以和谐人权为其宪政依据,只有通过对和谐人权意识的培养才能逐步建立完善村规民约“农嫁女”征地补偿保障的相关制度。     

论盘查制度的立法完善

盘查权在公安派出所打击流动人口犯罪方面功不可没,但是,我国法律对盘查权的立法还存在这样或那样的不足,在很大程度上限制了盘查权作用的发挥,本文试从几个角度谈谈盘查权的立法完善。     

嫖宿幼女罪模式新探

近年,社会公众对嫖宿幼女罪争论很大。由于对象的特殊性,立法者将嫖客纳入刑法,嫖宿的本质并非是否存在金钱,而是奸淫。区分嫖宿幼女罪与奸淫幼女犯罪的关键在于行为模式,即是否存在有三方关系的商品交易模式。我国司法解释对本罪的主观要件采用主客观相统一标准,英美的严格责任更能体现对幼女的保护。刑事法律不同于民事,侧重点不同,民法侧重关系,刑法侧重对行为的处罚。社会公众对本罪的质疑折射的是对司法的不信任。     

FROM SINGING GIRL TO REVOLUTIONARY ARTIST: FEMALE ENTERTAINERS REMEMBERING CHINA’S SOCIALIST PAST (1949–THE PRESENT)

Abstract

This article explores a unique aspect of gendered socialism by examining the competing narratives of the state and individuals’ oral accounts, particularly the stories of former singing girls and Chinese Communist Party (CCP) cadres. During the socialist transformation of the 1950s, singing girls-turned-revolutionary artists, as popular performers and new socialist women, found mutual interests with the CCP: political propaganda for the Party, making profit for the troupe, and self-transformation for the girls. This article argues that the Party and former singing girls enacted a uniquely gendered socialism by continuously deploying the singing girls’ cultural and financial influence colored with their erotic image. In addition, this essay treats oral history as a process of identity and history construction rather than as “fact.”     

“She's Way Too Good to Lose”: An Evaluation of Honolulu's Girls Court

This research evaluates the efficacy of a gender-specific, problem-solving court for girl offenders. Official statistics, interview data, and focus group data are utilized to determine whether the court is achieving its stated goals of reducing recidivism, risky behaviors, and confinement for the girls who attend this court program. The present research demonstrates that the program does seem to be effective in terms of reducing both recidivism and risky behavior as well as increasing the development of prosocial and healthy relationships. The article concludes with some lessons learned from the implementation of this court program as well as ideas for future research.     

Prison Birthday: "It's All Good"

Due to an overreliance on arrests in the late 1990s, the incarceration of young women in the United States increased dramatically. On any given day in 2010, over 9000 girls were held in residential placement. Largely hidden from public view, little is known about the health requirements of female adolescent offenders in US secure custody. Less is known about how those needs are met while in detention. Curiously, while most theories regarding female juvenile delinquency draw upon non-criminogenic health-related factors – sexual abuse, family violence, and low self-esteem – their specific legal troubles are rarely, if ever, framed in public health terms. Drawing on original interviews with 100 court-involved girls, detainees’ perceptions of their medical, psychological, sexual, and social health concerns are highlighted. The data link court-involved girls’ prior health issues to their coming to the attention of juvenile authorities as well as demonstrating possible non-compliance with domestic and international standards for the health rights of juveniles deprived of their liberty.