论“因侵权而犯罪”与“因犯罪而侵权”

刑事侵权具备"刑事责任"、"侵权责任"双重责任属性,由于刑、民责任在发展进程、互动的路径及效果上的不同,可分化为"因侵权而犯罪"与"因犯罪而侵权",即刑事侵权二分论。"因侵权而犯罪"具有民事责任倾向性,"因犯罪而侵权"具有刑事责任倾向性,解决刑事侵权责任问题须兼顾侵权责任法与刑事法的正义要求。刑民二分论有坚实的法律基础,符合法律价值基础的要求,当刑事责任与侵权责任进行内容接轨与功能互补时,可在实践中实现预期的价值目标和社会效益的最大化。     

Gender and Injury Risk in Incidents of Assaultive Violence

This study investigates the situational characteristics that determine the presence and severity of injury in incidents of assaultive violence. The analysis uses merged data from the National Crime Victimization Survey and the Supplementary Homicide Reports for the years 1992-2008, in order to model the determinants of victim injury. The analysis includes all incidents of attempted or completed, non-sexual assault against victims 12?years of age or older. Injury severity is classified into one of four possible levels: no injury, minor injury, serious injury (requiring doctor, hospital, or emergency room care), and lethal injury. Special attention is given to the way in which gender modifies the influence of situational elements on the presence and degree of victim injury. While the results suggest that the situational determinants of injury are by and large uniform for male and female victims, important gender differences are observed in the salience of relational distance.     

International Research on Gender Differences in Higher Education： An Inspiration to China＇s Cultivation of High-Potential Female Talent

女大学生是中国女性高层次人才的重要后备力量。伴随着越来越多的女性进入高等学校的大门,我们需要进一步关注高等教育过程中的性别差异问题。本文通过介绍西方女性主义学者对传统人的发展理论的批判,以及对高等教育过程中存在的性别差异及其影响因素的分析,以期对中国女性高层后备人才培养机制的发展有所启发。     

大学生薪水期望的性别差异:基于性别角色社会化的视角

本文选取华中地区一高校,采用顺序式解释性混合研究设计来探讨大学生薪水期望的性别差异问题。通过问卷调查,笔者发现男大学生对第一份工作的薪水期望显著高于女大学生。结合问卷调查结果和深度访谈资料,本文认为大学生薪水期望的性别差异与大学生的家庭性别角色观念有着比较密切的联系。本研究发现:即使受过高等教育,大学生仍然持有一些传统的家庭性别角色观念,如他们认为男性应该主要承担养家户口的责任;而女性则无须承担此责任,她们成家后的重心应该在家庭上。最后,本文从以下3个方面来讨论此结论:传统"男主外,女主内"的家庭性别角色分工观念的影响;传统文化关于性别观念的复兴以及女大学生的主体意识薄弱。     

Do Women Representatives Regender Legislative Bureaucracy? Assessing the Effect of Representative Sex on Women's Presence among US Congressional Staff

Achieving greater female presence in influential positions is a commonly discussed strategy for gender reform in institutions such as the US Congress. Using theory adapted from research on gender in the workplace, this study examines whether women representatives, as ‘managers’ of congressional offices, alter patterns of gender representation in Congress by hiring and promoting more women staffers compared with men representatives. Cross-sectional logistic regression analyses of staffer sex during the 110th and 111th Congresses (2007–10) reveal a positive relationship between women representatives and female presence on congressional staffs. However, the relationship does not hold with respect to the most influential staff positions. These findings provide only limited support for theories that women representatives act as ‘change agents’ by directly facilitating opportunities for women, and highlight the importance of exploring alternative strategies for empowering women and regendering legislative institutions.     

The intersection of race and gender: an examination of sentencing outcomes in North Carolina

This study examines the intersection of offenders’ race and gender in the sentencing process using data on felony cases sentenced in North Carolina. Analyses examine the likelihood that charges were reduced in severity between initial filing and conviction, the likelihood of imprisonment, and the length of sentence imposed, and test whether race affects punishment similarly for men and women. Results indicate that status characteristics predict both reductions in charge severity and the severity of the final sentence, and that racial disparity is conditional on gender. However, the results are not entirely consistent with predictions derived from the extant literature. Gender significantly predicts case outcomes at each stage, but black men were not uniformly disadvantaged, and black women received the least severe treatment in two out of four analyses. Theoretical implications for the intersection of race and gender in sentencing theories are discussed.     

Examining the prevalence and correlates of a ‘senior citizen discount’ in US federal courts

Few studies focus on age as a factor influencing judicial decision-making, in spite of the widespread use of age as a control variable. Although the limited research to have done so is inconsistent, most scholars agree that age may be race- and/or gender-graded in a manner that produces more severe sentences for certain race–gender–age combinations, especially for young males who are Black or Latino. Less consensus exists with regard to whether older defendants are granted more leniency in the sentencing process and, if so, if the effects of older age are also race- and/or gender-graded. The present study examines this question by examining data from the United States Sentencing Commission. The data presented reveal three noteworthy findings. First, a ‘senior citizen discount’ exists insofar as judges afford more leniency in sentencing to older offenders than their younger counterparts. Second, compared to older males, older females were treated with greater leniency by judges. Finally, whereas Latinos 60 and over were treated with greater severity at the stage of incarceration compared to similarly situated Whites, Blacks received shorter sentence lengths on average. These results are analyzed within the framework of the focal concerns perspective.     

Violent girls in adolescent forensic care are more often psychotic and traumatized than boys in the same level of care

Background: Most research on violent perpetrators is based on male samples. Aims: To compare girls and boys admitted to an adolescent forensic unit due to physically violent and/or sexually coercive behavior. Methods: On an adolescent forensic ward, demographics, family, treatment, crime and victimization histories, diagnose, psychiatric symptoms and violent behaviors during care of all adolescents are collected in a cumulative database. These were compared between girls and boys admitted due to violent behaviors. Results: Girls were more often diagnosed with schizophrenia group psychoses. The symptom profiles and violence risk ratings did not differ by sex. The girls were less antisocial in general. They were more suicidal and displayed more promiscuous behaviors, and they had more commonly been victims of sexual abuse. During inpatient care they displayed much more often violent and uncontrollable behaviors than the boys. Conclusion: Treatment approaches that respond to the special needs of aggressive girls are required.     

Child protection as surveillance of African American families

The over-representation of black children in US out of home care results from racial bias in placement decisions and a political choice to address startling rates of child poverty by investigating parents instead of tackling poverty's societal roots. The impact of state disruption and supervision of African American families is intensified when it is concentrated in inner-city neighbourhoods – the system's ‘racial geography.’ A small case study of a black neighbourhood in Chicago with high rates of out of home placement found profound effects on both family and community social relationships, as well as reliance on child protective services for financial assistance, linking surveillance of black families to the neoliberal shrinking of public programmes. The surveillance of African American women by the child welfare system is also intensified by these women's disproportionate involvement in the prison system. Acknowledging racial bias in child welfare reveals the need to radically transform the system from one that relies too much on punitive disruption of families to one that generously supports them.