甘肃省禁毒方略探讨

作为西部地区之一的甘肃省,禁毒工作在取得了显著成效的同时面临的形势依然严峻,禁毒斗争依然任重道远。为了使甘肃省禁毒斗争取得新的突破,本文探讨了甘肃省禁毒工作面临的新形势,并提出了进一步开展禁毒工作的建议。     

从冲突走向合作:政府与民众的利益关系解析——以浙江省青田县滩坑移民为例

政府与民众的关系是政治领域的永恒主题。多少王朝的兴替,多少政权的更迭,都与此相关,都由此决定。本文试从利益的视角,民众的心态与诉求,政府的行事与作为,解析市场经济条件下政府与民众的关系,如何从冲突走向合作。     

试论谷崎润一郎作品与《源氏物语》间的关联

三次将《源氏物语》译成现代日本语,使得谷崎润。一郎和这部旷世巨作之间形成了一种不可分割的关系。谷崎润一郎的作品不仅在内容和情节上和《源氏物语》有一定的相似性,内含的二大主题——恋母情结和女性崇拜均来源于此。     

Chinese American Adolescents’ Perceptions of the Language Brokering Experience as a Sense of Burden and Sense of Efficacy

Children of immigrants who do translations and who interpret for others using their heritage language and English are known as language brokers. Although prior research suggests that children of immigrants’ perceptions of the language brokering experience vary greatly—from feeling a sense of efficacy to feeling a sense of burden—what remains unanswered in the literature is identification of the antecedents and processes that help to explain the varying psychological experience of language brokers. Using data from a two-wave prospective longitudinal study of 256 Chinese American adolescents, the present study tested potential mechanisms that may be responsible for adolescents’ perceptions of the language brokering experience as a sense or burden or sense of efficacy. The results demonstrate that adolescents’ Chinese orientation sets in motion a family process that is linked to variations in the perceptions of adolescents’ language brokering experience. Adolescents who are more Chinese oriented have a stronger sense of familial obligation, and these adolescents are more likely to perceive that they matter to their parents. Adolescents’ perceived sense of mattering to parents, in turn, is associated positively with a sense efficacy, and negatively with a sense of burden as language brokers. Those adolescents who are less Chinese oriented have a weaker sense of familial obligation, and these adolescents are more likely to feel a sense of alienation from their parents. Adolescents’ sense of perceived alienation from parents, in turn, is associated with a sense of burden as language brokers. Implications for developing interventions for children who act as language brokers for their parents are discussed.

民法典编纂对财产犯罪法益保护的影响

在民法之外,重新构建一个仅适用于刑法中财产犯罪法益保护的判断标准,既无必要也不现实。财产犯罪法益保护扩张的主要目的是为了入罪,不论是“利益的法益化”还是“管理的占有化”,都是以保护法益之名行扩张犯罪圈之实。犯罪圈的不当扩张,不仅会有损整体法秩序,还会弱化乃至消解法益甄别法与不法的机能。部门法之间的紧张关系在任何法律体系下都是无可避免的,民法典编纂为解决“刑民倒挂”问题以及增加法秩序统一性原理在刑民之间的衔接度提供了重要契机。为此,应重新梳理刑民之间围绕财产、占有、管理等方面的争议问题,将民法所确定的财产法益内容作为财产犯罪法益保护的基本依据,并允许刑法根据财产犯罪的特点对法益保护范围作出适当调整。这样做的目的不是通过民法给刑法套上枷锁,而是在遵循法秩序统一性原理的基础上达成应有的刑民共识。     

认罪认罚案件量刑建议问题研究

在认罪认罚案件中,检察机关提出的幅度型或精准型量刑建议都是控辩双方合意的产物,也是审判人员最终作出量刑判决的重要依据,审判人员“一般应当采纳”。但对于检察机关提出精准的量刑建议是否存在理论上的正当性以及实务上的可操作性,理论界和实务界仍存在不同意见,实践中也存在部分审判人员“不愿接受”或“勉强接受”精准量刑建议的情况,影响着认罪认罚从宽制度总体功能的发挥。为解决此问题,有必要从理论上明确检察机关量刑建议权以及法院审判权的性质及关系,使审判人员内心“愿意”采纳精准的量刑建议;在实际操作层面需要加强精准量刑建议本身的合理性和合意性,使审判人员经过审理后,“能够”采纳精准的量刑建议。此外,根据具体情况,还需要明确精准量刑建议的变更和补救问题,促进量刑公正。     

中美复合战略稳定关系:建构依据、基本框架与发展趋势

中美战略稳定关系已经超越经典战略稳定性,向着复合战略稳定关系的方向演化。建构中美复合战略稳定关系是稳定两国关系的客观需要。彼此战略竞争加剧给中美之间非均势核威慑基础上的战略稳定性带来负面影响。在美国提高核力量于国家安全战略中的地位、将核武器重新作为霸权工具的背景下,中美战略稳定性面临挑战。特朗普政府对中国挑起贸易争端,经贸关系在中美关系中的“稳定器”和“压舱石”作用减弱,建构中美复合战略稳定关系的必要性凸显。中美之间经济深度相互依存,在维护国际体系稳定方面具有共同利益,这为建构中美复合战略稳定关系奠定了坚实的基础。中美复合战略稳定关系框架包括建立在非均势核威慑基础上的战略稳定性、双方经济的深度相互依存、战略互信、双方对话交流与合作机制等四根支柱,其中以非均势核威慑基础上的战略稳定性为核心支柱。虽然中美战略互信存在短板,但随着中国战略核力量的进步、中美经济相互依存的继续维持和双方对话交流与合作机制的成熟和完善,中美复合战略稳定关系将不断巩固。     

Stage model for female criminals: business school students’ perceptions of white-collar offenders

We know that half of the population in Norway is female, and we know that females represent 6% of the white-collar crime prison population. In the stage model overview, we derive percentages from the literature into the gender model to explain stepwise reduction from 50% to 6%. In our empirical research, we asked two groups of business school students to come up with their own estimates for the stages in the model for female criminals. While estimates from executive students resulted in 3% women in prison, bachelor students’ estimates resulted in 10% women in prison. The most obvious discrepancy between the research literature and our two survey groups is related to relative convictions. Based on the literature, we suggested that female defendants receive more serious convictions because they may perceive and feel more guilt for a crime, for example in terms of regret, shame and depression. Thus women may have a tendency to confess more easily. Both executive students and bachelor students disagree with this estimate of 140%, as they suggest 62% and 69% respectively. One reason for their suggestion of less serious convictions for female white-collar criminals – sometimes labelled pink-collar criminals – might be that family situation and other elements are taken into account before a verdict is passed on a woman. Another substantial discrepancy is related to detection risk. The literature suggests a low detection risk for women, but may be not as low as we estimated at 30%. Both executive and bachelor students believe that the gender difference in detection likelihood is not that formidable, as they suggest 75% and 65% respectively.     

Conceptualising and tracing the increased territorialisation of politics: insights from Argentina

The territorialisation of politics is a crucial transformation in state–society relations that has implications on how contemporary politics works. Defined here as the dispute for the physical control of space, be it a municipality, province or portion of land, within one or more politically constituted entities. It does not mean the emergence of a new regime type, but the process through which the territory re-emerges as a new cleavage after neoliberal reforms and authoritarian regimes have weakened/dissolved neo-corporatist arrangements for the resolution of socio-political conflicts in society. It is a cleavage because central political divisions are produced as a result of the physical encounter of or distance between political actors and of the dispute for the control of a territory for sociopolitical goals and causes that are not always territorially defined. Departing from this definition, I also raise potential explanatory hypotheses for the transformations that favoured this transformation in Argentina.     

Turkifying Poverty,or: the Phantom Pain of Izmir’s Lost Christian Working Class, 1924–26

This article shows that ‘Turkification’, a term widely used by historians of modern Turkey to refer to the forced transfer of property from Christian into Muslim hands, ought to be conceptualized not only in the sense of ‘enrichment’ but also, with regard to the working classes, as a process in which Muslim people inherited the poverty of their Christian predecessors. Taking ?zmir as a case in point, the article first describes the plight of the overwhelmingly Christian working class prior to 1922. It then studies reports and editorials that discussed the economic and social situation in ?zmir in the years 1923 to 1926, after the Turkish victory and forced migration of her Christian population. Over the course of these years, ?zmir experienced a serious economic crisis, and bread prices reached levels that led to widespread undernourishment and hunger among the city?s poor. Agricultural production was lagging behind pre-war levels, and positive effects of ‘Turkification? policies were failing to materialize. By analyzing the contemporary journalists? attempts at explaining the crisis, but also pointing out national and transnational factors that they were probably unaware of, the article makes an original contribution to the economic and social history of early republican Turkey.