生存权与城市管理权之争——以商贩与城管为例

生存权和城市管理权分属不同的主体所享有,作为两种正当权利,两者之间不应当存在矛盾和冲突。但这两项权利的典型享有者——小商贩和城管执法人员之间则不断上演着暴力执法和暴力抗法的悲剧。屡见报端的城管和小商贩之间的摩擦使公众对这两种正当权利产生了诸多困惑。如何正确协调两种权利关系已成为政府工作的当务之急。本文认为,要使两者之间的关系走向常态化,不仅需要政府的正确引导,还需要提高小商贩自身的责任意识提高以及增强城管执法人员的法治意识。     

Characteristics of young suicides by violent methods in rural China

Suicide is one of the most common public health problems in the world. Information on 392 completed suicides aged 15-34 years were consecutively collected from 16 counties in three provinces of China. Information on each suicide was obtained from two informants. The results showed ingesting pesticides or other poisons (73.5%) and hanging (10.5%) were the two most common methods of suicide. Suicides happened more in autumn (30.10%) or summer (27.29%), nighttime (68.3%), and at home (73.6%). However, suicides with violent methods were more common in winter and spring and outside of home. Season (autumn or summer), place (at home), and pesticide stored in home were negatively while depression was positively associated with violent methods of suicide. Characteristics of the suicides by violent methods are different from those by nonviolent methods. Investigations into the methods of rural young suicides are necessary for suicide prevention in China.     

Procedural Justice for Victims and Offenders?: Exploring Restorative Justice Processes in Australia and the US

Sociolegal research indicates that when citizens perceive that legal processes and procedures are fair, both positive and negative legal outcomes will be viewed as acceptable. However, little is known about perceptions of fairness in informal contexts such as in restorative justice (RJ) practices and with victims (and offenders) who participate in these programs. Drawing on interviews with key actors engaged in post-conviction RJ programs for serious crimes in Australia and the USA, this paper asks, do post-conviction therapeutic RJ programs for violent crimes enhance procedural justice for victims and offenders? The data reveal that RJ is compatible with procedural justice for both victims and offenders. Specifically, RJ aids in correcting the harms created by the formal criminal justice system and, thus, satisfies and even greatly enhances procedural justice goals for both victims and offenders.     

The Swedish dystopia: violent imaginaries of the radical right

ABSTRACT

Thorleifsson examines the ways in which violent imaginaries of Sweden have been discursively constructed and used by populist radical-right (PRR) parties and actors in contemporary Europe. Based on multisited fieldwork among politicians and supporters of the United Kingdom Independence Party (UKIP) and the Hungarian Jobbik party, this article demonstrates how individual acts of violence are ‘transvaluated’ into violent imaginaries of migrants from Muslim-majority lands. What Thorleifsson terms ‘the Swedish dystopia’ not only entails a message of alarm and warning. PRR actors also use the trope of the Swedish dystopia in their call for action against Muslim migrants and minorities who, they claim, pose an ethnoreligious threat to national identity, security and even (Judaeo)-Christian civilization as a whole.     

Trends in Adult Suicides in New Mexico: Utilizing Data from the New Mexico Violent Death Reporting System*

Abstract: Although many suicide prevention programs focus on youth suicides, data indicate the vast majority of suicides occur among adults (18–64 years). In 2005 New Mexico joined the Centers for Disease Control and Prevention’s National Violent Death Reporting System, collecting data on suicides, homicides, and unintentional firearm fatalities to better inform state and national prevention programs. We utilized data collected by the New Mexico Violent Death Reporting System in its first 2 years of operation (2005 and 2006) in order to define the demographic patterns of adult suicides in the state and characterize risk factors. A total of 526 suicides occurred among adults during this time, with the majority being male (78.5%) and White non‐Hispanic (56.7%). The highest incidence was in adults between 45 and 54 years (28.1%). Firearms were the most commonly used mechanism, and “current depressed mood” the most commonly identified risk factor. High rates of adult suicide indicate the need for targeted prevention programs.     

Unnatural and Violent Death in Cases with High Blood Alcohol Concentration— Autopsy Study

The use of alcohol increases the risk of dying from unnatural or violent causes. The presented study explored the distribution of age, gender, cause, and circumstances of death in persons who died in an unnatural and violent manner, with a blood alcohol concentration (BAC) higher than 0.3 g/dL, and where the cause of death was not alcohol intoxication. We defined the control (0 < BAC < 0.3 g/dL) and study (BAC ≥ 0.3 g/dL) groups, as in subjects with these concentrations, there is a significant risk of gross intoxication, stupor, and death. The subjects from the study group were older, with no difference in gender distribution. Traffic accidents were the most common fatal event in both groups, followed by suicides. Other accidents (choking on food and exposure to fire) were more frequent in the study group. Compared to the control group, subjects from the study group were older persons whose deaths were mainly accidental.     

论暴力犯罪死刑裁量规范的等级化

通过对我国《刑法》分则中的27个暴力犯罪死刑罪名的规范分析,个罪的死刑裁量规范的犯罪类型与刑罚类型的规定存在差异。犯罪类型分为基本犯、加重犯和特别加重犯,刑罚类型分为刑种配置和处罚方式。由此构成暴力犯罪死刑裁量的量刑规范等级,包括罪质构成与刑罚配置两个方面。各种不同的罪质构成与刑罚配置的量刑规范等级都在立法规定上限制了...     

司法体制改革背景下司法警院警察体育教学研究 ——以广东司法警官职业学院为例

新时期司法体制改革背景下,狱内最低伤害武力控制理念的提出及技能运用,对司法警院警察体育教学的改革提出了新要求。对司法警院警察体育教学的改革措施等进行探讨分析,旨在为进一步提高我国司法警院警察体育教学水平,提升学警们的防卫控制技术水平以及增强监狱警察处理突发事件的能力和警察的法制意识、安全意识、责任意识等提供参考。     

National self-image as an obstacle to ensuring children’s rights in the context of domestic violence and family law – the case of Sweden

ABSTRACT

The aim of this paper is to highlight and discuss contradictions and challenges in the current policy and practice regarding fathers’ violence towards mothers and children in the Swedish welfare state. In particular, professional discourses and understandings of domestic violence in disputes about contact, custody, residence and maintenance, following parental separation, are analysed. My research suggests that abusers find ways to manipulate professionals and get them unwittingly to enable their continued control of victimised mothers and children. One conclusion is that oppression is maintained through processes of familialisation and selective repression. These discursive practices reproduce intersectional inequalities and, in doing so, in many cases result in the administration rather than prevention of further violence.     

Can we keep it simple? Using the BARR-2002R with a community-based sex offender sample

The Brief Assessment of Recidivism Risk (BARR-2002R) comprises of six items from the Static-2002R and has been designed for predicting general and violent recidivism among sexual offenders. The present study investigates the ability of the BARR-2002R, Static-2002R, Static-99R, and SORAG to predict general, violent, and sexual recidivism in a sample of 342 male sex offenders at a community-based forensic clinic. All four of the risk schemes demonstrated large effect sizes for predicting general, violent, and sexual recidivism, although the BARR-2002R produced a moderate effect size in its prediction of sexual reoffending. Unlike past research, the BARR-2002R did not outperform the other measures; however, our findings showed that the BARR-2002R adds incremental value to the Static-99R in predicting general and violent recidivism. These findings provide support that the BARR-2002R is a valid, abbreviated risk scheme that could be used in routine assessments of individuals convicted of sexual offending.